Terms of Service

1. Acceptance of Terms

Welcome to Minyona, LLC ("Minyona," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website at minyona.com, our lead generation services, our CRM and billing platform, and any related services (collectively, the "Services").

By accessing our website, creating an account, or using any of our Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

These Terms constitute a legally binding agreement between you and Minyona, LLC. Please read them carefully before using our Services.

2. Description of Services

Minyona provides performance-based digital marketing and lead generation services for home improvement contractors. Our Services include, but are not limited to:

• Lead Generation: We generate exclusive, qualified leads for home improvement contractors through paid advertising campaigns, primarily on Meta (Facebook and Instagram) platforms
• Meta Ad Account Management: We create and manage advertising campaigns through your business's own Meta ad account, building your brand while generating leads
• CRM & Billing Platform: We provide access to our proprietary platform for lead management, communication, invoicing, file sharing, and business analytics
• Communication Services: We facilitate communication between contractors and their leads via SMS text messaging, email, and other channels through our platform
• Additional Services: We may offer additional services such as website design, drip campaigns, automation workflows, and consulting as agreed upon separately

The specific scope of Services provided to you will be determined by your service agreement and plan selection.

3. Account Registration & Eligibility

Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age
• Be a legally formed business entity or sole proprietor operating a legitimate home improvement or contracting business
• Have the legal authority to bind your business to these Terms
• Maintain all required business licenses, permits, and insurance for your trade and jurisdiction
• Not have been previously terminated from our Services for violation of these Terms

Account Registration

When creating an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe are being used in violation of these Terms.

4. Services & Billing

Pay-Per-Lead Model

Minyona operates on a pay-per-lead pricing model. You are charged for each qualified lead delivered to you based on the agreed-upon rate for your service type and market area. Lead pricing may vary based on industry, geographic location, and other factors as specified in your service agreement.

Billing & Payment Processing

All billing is processed through Stripe, our third-party payment processor. By using our Services, you agree to:

• Maintain a valid payment method on file with our platform
• Pay all invoices by their due date as specified on each invoice
• Accept that invoices may be generated on a recurring basis (weekly, bi-weekly, or monthly) depending on your service agreement
• Accept that payment processing fees, if applicable, are your responsibility

Invoicing

Invoices are generated through our platform and delivered electronically. Each invoice will itemize the leads delivered during the billing period along with applicable charges. You will have access to all invoices through your portal on our platform.

Payment Terms

Unless otherwise specified in your service agreement, payment is due upon receipt of invoice. Accounts with overdue balances may be subject to:

• Suspension of lead delivery and platform access
• Late fees as permitted by applicable law
• Referral to collections for significantly past-due balances
• Termination of Services

Disputes

If you believe a lead does not meet the agreed-upon qualification criteria, you may dispute the lead through our platform within the timeframe specified in your service agreement. We will review each dispute in good faith and issue credits for leads that do not meet the agreed-upon standards. Disputes submitted outside the designated timeframe may not be eligible for review.

Ad Spend

Advertising costs (ad spend) charged by Meta or other advertising platforms are separate from Minyona's lead fees and are billed directly to your ad account by the respective platform. Minyona is not responsible for ad spend charges incurred on your accounts.

5. Client Responsibilities

As a client of Minyona, you agree to the following responsibilities:

Ad Account Access

• Grant and maintain appropriate access to your Meta Business Manager and ad account(s) for the duration of our service relationship
• Not revoke or restrict access to ad accounts without prior written notice
• Ensure your ad accounts remain in good standing with the respective platforms

Lead Management

• Respond to leads in a timely manner, ideally within one (1) hour of receipt during business hours
• Handle all leads professionally and in accordance with applicable laws and regulations
• Not resell, redistribute, or share leads received through our Services with third parties
• Provide honest and timely feedback on lead quality through our platform

Business Compliance

• Maintain all required business licenses, contractor licenses, permits, bonding, and insurance for your trade and operating areas
• Comply with all applicable federal, state, and local laws and regulations governing your business
• Operate your business ethically and in good faith with consumers
• Not engage in deceptive, misleading, or fraudulent business practices

Platform Usage

• Use our platform solely for its intended business purposes
• Not attempt to access, modify, or interfere with the platform's code, infrastructure, or security measures
• Not use the platform to send unsolicited messages, spam, or communications that violate applicable laws (including the Telephone Consumer Protection Act and CAN-SPAM Act)

6. SMS/Text Messaging Terms

As part of our Services, Minyona and its platform may send and facilitate SMS (Short Message Service) and MMS (Multimedia Messaging Service) text messages. By using our Services and providing your mobile phone number, you acknowledge and agree to the following terms regarding text messaging:

Types of Messages

You may receive the following types of text messages from Minyona or through our platform:

• Lead notification alerts when new leads are generated for your business
• Appointment reminders and confirmations
• Account and billing notifications
• Service updates and operational communications
• Two-factor authentication and security codes

Message Frequency & Rates

Consent

By providing your mobile phone number and using our Services, you expressly consent to receive text messages from Minyona at the phone number(s) you provide. You understand that:

• Consent is not a condition of purchase. You are not required to consent to receiving text messages as a condition of purchasing any goods or services from Minyona.
• You may provide consent by entering your phone number on our website, signing a service agreement, or opting in through our platform
• Your consent applies to messages sent using an automatic telephone dialing system or prerecorded/artificial voice, as applicable

Opting Out

You may opt out of receiving text messages at any time by:

• Replying STOP to any text message you receive from us. You will receive a one-time confirmation message acknowledging your opt-out request.
• Contacting us at privacy@minyona.com with your opt-out request
• Updating your notification preferences in your platform account settings

After opting out, you will no longer receive text messages from us unless you re-subscribe. Please note that opting out of text messages may affect the timeliness of lead notifications and other service communications.

Help

For help with text messaging, reply HELP to any message you receive from us, or contact us at privacy@minyona.com.

Privacy of Mobile Information

Supported Carriers

Our messaging services are designed to work with major U.S. wireless carriers. However, Minyona is not responsible for messages that are delayed or undelivered due to carrier network issues, device incompatibility, or other factors beyond our control. T-Mobile is not liable for delayed or undelivered messages.

Platform SMS for Contractors

If you use our platform's messaging features to communicate with your leads or customers via SMS, you are solely responsible for:

• Obtaining proper consent from recipients before sending text messages
• Complying with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), state consumer protection laws, and wireless carrier guidelines
• Honoring opt-out requests from message recipients promptly
• Ensuring that message content is lawful, truthful, and not misleading

7. Intellectual Property

All intellectual property rights in and to the Minyona platform, website, software, designs, logos, trademarks, service marks, trade names, and all related content (collectively, "Minyona IP") are and shall remain the exclusive property of Minyona, LLC.

• You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely for its intended purpose during the term of your service agreement
• You may not copy, modify, distribute, sell, lease, or create derivative works based on Minyona IP without our prior written consent
• Ad creatives, landing pages, and marketing materials created by Minyona for your campaigns remain the property of Minyona unless otherwise agreed upon in writing
• Your business name, logo, and trademarks remain your property. You grant Minyona a limited license to use them solely for the purpose of providing the Services

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the business relationship. Confidential information includes, but is not limited to:

• Business strategies, marketing plans, and campaign data
• Pricing, financial information, and billing details
• Lead data and customer information
• Platform features, technology, and trade secrets
• Any information marked or reasonably understood to be confidential

Neither party shall disclose confidential information to any third party without the prior written consent of the other party, except as required by law or as necessary to perform the Services. This obligation of confidentiality shall survive the termination of these Terms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• MINYONA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES
• MINYONA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MINYONA DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM
• MINYONA DOES NOT GUARANTEE ANY SPECIFIC RESULTS, NUMBER OF LEADS, CONVERSION RATES, OR RETURN ON INVESTMENT FROM THE USE OF OUR SERVICES
• MINYONA IS NOT LIABLE FOR THE QUALITY, SUITABILITY, OR OUTCOME OF ANY TRANSACTION BETWEEN YOU AND A LEAD GENERATED THROUGH OUR SERVICES

Our Services are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Minyona is not responsible for any downtime, interruptions, or data loss resulting from third-party platform outages (including Meta, Stripe, or hosting providers), force majeure events, or circumstances beyond our reasonable control.

10. Indemnification

You agree to indemnify, defend, and hold harmless Minyona, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services or violation of these Terms
• Your violation of any applicable law, regulation, or third-party rights
• Your interactions with leads or customers generated through our Services
• Any content you submit, post, or transmit through the platform
• Your failure to maintain required business licenses, insurance, or compliance
• Any claims arising from your business operations, including but not limited to workmanship, project disputes, or consumer complaints
• Your use of the platform's messaging features in violation of the TCPA or other applicable communications laws

11. Termination

Termination by You

You may terminate your use of our Services at any time by providing written notice to Minyona. Upon termination:

• All outstanding invoices become immediately due and payable
• Your access to the platform may be revoked after a reasonable wind-down period
• We will remove our access from your Meta ad accounts upon request

Termination by Minyona

Minyona reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for reasons including but not limited to:

• Breach of these Terms or your service agreement
• Non-payment of invoices or consistently late payments
• Engaging in fraudulent, deceptive, or illegal activity
• Abuse of the platform, its users, or our team
• Loss of required business licenses or insurance
• Conduct that harms our reputation or business relationships

Effects of Termination

Upon termination, the following provisions shall survive: Sections 7 (Intellectual Property), 8 (Confidentiality), 9 (Limitation of Liability), 10 (Indemnification), 12 (Dispute Resolution), and 13 (Governing Law). Any outstanding payment obligations also survive termination.

12. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute"), the parties agree to the following resolution process:

Informal Resolution

Before initiating any formal proceedings, the parties agree to first attempt to resolve the Dispute informally by contacting each other in writing and negotiating in good faith for a period of at least thirty (30) days.

Mediation

If the Dispute cannot be resolved informally, either party may initiate non-binding mediation administered by a mutually agreed-upon mediator in the State of Maryland. The costs of mediation shall be shared equally by both parties.

Binding Arbitration

If the Dispute is not resolved through mediation within sixty (60) days, either party may submit the Dispute to binding arbitration in the State of Maryland. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding. Judgment upon the award may be entered in any court of competent jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Minyona.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Maryland, and you consent to the personal jurisdiction of such courts.

14. Changes to Terms

Minyona reserves the right to modify, update, or revise these Terms at any time at our sole discretion. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Provide notice through our platform or via email for significant changes
• Post the revised Terms on our website

Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of our Services and notify us in writing.

We encourage you to review these Terms periodically to stay informed about the terms governing your use of our Services.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at: