Ketterly

Ketterly — Terms of Service

Effective Date: March 4, 2026  |  Version: 1.2

Welcome to Ketterly ("Platform," "Service," "we," "us," or "our"), a cloud-based Customer Relationship Management (CRM) platform designed exclusively for roofing and construction companies. By creating an account, accessing, or using the Platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform.

These Terms contain three sections:

  • Section A — General Terms: Applicable to all users.
  • Section B — Subscriber Terms (Company Owners/Administrators): Additional terms for the person or entity that subscribes to and pays for the Service.
  • Section C — End-User Terms (Sales Reps & Team Members): Additional terms for individuals invited by a Subscriber to use the Platform.

Section A — General Terms

Applicable to all users of the Ketterly Platform.

1. Definitions

  • "Subscriber" means the roofing company owner or authorized representative who creates a company account, selects a subscription plan, and is financially responsible for the account.
  • "End User" (or "User") means any individual invited by the Subscriber to use the Platform, including but not limited to sales representatives, office staff, production crews, and marketing personnel.
  • "Customer Data" means all data uploaded to or generated within the Platform by the Subscriber or its End Users, including but not limited to lead information, homeowner details, addresses, roof measurements, photographs, quotes, contracts, invoices, and communications.
  • "Platform Data" means anonymized, aggregated, or de-identified data derived from Customer Data that cannot be used to identify any individual person or business.

2. Account Registration & Security

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at support@ketterly.com of any unauthorized use of your account.

3. Acceptable Use

Export Compliance. You will not use the Platform or any content to export, re-export, or transfer any technical data, software, or services in violation of U.S. export laws or other applicable export control laws. You represent that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods.

You agree not to:

  • Use the Platform for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
  • Engage in deceptive marketing practices, including but not limited to misrepresenting services, fabricating damage claims, or using high-pressure "storm chasing" tactics that violate local consumer protection laws or "No Solicitation" ordinances.
  • Use automated scripts, bots, scrapers, or other automated means to access, extract, or collect data from the Platform ("Data Scraping"). This includes, without limitation, bulk-exporting leads, customer information, or pricing data for use outside the Platform.
  • Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the Platform.
  • Upload or transmit any viruses, malware, or other harmful code.
  • Interfere with or disrupt the integrity or performance of the Platform.
  • Share your account credentials with unauthorized third parties.

User Licenses. Access is granted on a per‑user, per‑seat basis. You may not share or permit others to use a user account or password. Ketterly may bill for any access beyond the number of licenses you have purchased and may suspend or terminate accounts that exceed licensed usage.

Monitoring and Audit. We may monitor usage or audit your account records to ensure compliance with these Terms and to protect the security and integrity of the Platform. By using the Service you consent to such monitoring and agree to cooperate with reasonable audits.

4. Intellectual Property

The Platform, including its software, design, logos, documentation, and all related intellectual property, is owned by Ketterly and protected by copyright, trademark, and other intellectual property laws. Your use of the Platform does not grant you any ownership rights in the Platform itself.

Feedback. If you provide us with suggestions, ideas, enhancement requests, or other feedback, you grant Ketterly a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such feedback in any manner, including in the Platform.

5. Customer Data Ownership & Lead Ownership

The Subscriber owns all Customer Data. Ketterly does not claim ownership of any leads, customer information, documents, photographs, or other data uploaded to the Platform. Leads entered into the Platform belong to the Subscriber's company — not to the individual End User who entered them, and not to Ketterly.

You grant Ketterly a limited, non-exclusive, royalty-free license to host, store, process, and display Customer Data solely for the purpose of providing and improving the Service.

6. Aggregated & Anonymized Data

Ketterly may create and use Platform Data (anonymized, aggregated, de-identified data) for legitimate business purposes including, but not limited to: improving the Service, generating industry reports (e.g., "The average roof replacement in Dallas costs $12,000"), benchmarking, analytics, and training machine learning models. Platform Data will never identify you, your company, or any individual homeowner.

7. Image & Media Rights

You grant Ketterly a limited license to store, process, display, and transmit photographs, videos, and other media uploaded to the Platform (including roof photos, property images, and inspection documentation) solely for the purpose of operating the Service. You represent that you have the right to upload such media.

8. TCPA Compliance & Marketing Communications

The Platform provides tools for sending SMS messages, emails, and making phone calls to homeowners and leads. The Subscriber (and its End Users acting on the Subscriber's behalf) is solely responsible for:

  • Obtaining all required "express written consent" from homeowners and leads before sending any marketing communications via the Platform, in compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable federal, state, and local regulations.
  • Maintaining records of consent for all recipients.
  • Honoring all opt-out and do-not-call requests promptly.
  • Complying with all applicable "Do Not Call" registry requirements.
  • SMS Content: Text messages sent through the Platform may only contain informational or service‑related content reasonably expected by the recipient; promotional, marketing, or unsolicited advertising messages are prohibited.

Ketterly is a technology provider and is not responsible for the content, timing, or legality of communications sent by Subscribers or End Users through the Platform.

9. E-Signature Compliance

The Platform provides electronic signature functionality for contracts, change orders, and other documents. Ketterly provides the technology to facilitate electronic signatures in compliance with the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA). Ketterly is not a party to any roofing contract, agreement, or document executed through the Platform and makes no representations regarding the enforceability of any specific agreement.

10. Third-Party Integrations

The Platform may integrate with third-party services (including but not limited to payment processors, mapping services, and material suppliers). Your use of any third-party service is subject to that service's own terms and privacy policies. Ketterly is not responsible for any third-party service.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KETTERLY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO KETTERLY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL KETTERLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, EVEN IF KETTERLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ketterly and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; or (d) any communications sent through the Platform by you or your End Users.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law provisions. Any dispute arising out of these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, held in Dallas, Texas. Each party shall bear its own arbitration costs.

15. Changes to These Terms

Ketterly reserves the right to modify these Terms at any time. Changes take effect immediately upon posting. Your continued use of the Platform after the updated Terms are published constitutes acceptance. If you do not agree with the modifications, you must stop using the Platform and cancel your subscription.

Section B — Subscriber Terms (Company Owners & Administrators)

In addition to the General Terms above, the following terms apply to Subscribers.

16. Subscription & Billing

  • Subscriptions are billed on a monthly basis.
  • Fees are charged in advance and are non-refundable except as described in our Refund & Cancellation Policy.
  • The Subscriber is responsible for all applicable taxes.
  • Ketterly reserves the right to change pricing with at least thirty (30) days' notice.

17. Seat Licenses & User Management

Each subscription plan includes a specified number of "seats" (active user accounts). The Subscriber is responsible for managing user access, including adding, removing, and modifying user permissions. Additional seats may be purchased as add-ons.

18. Subscriber Responsibilities

As a Subscriber, you are responsible for:

  • The actions and compliance of all End Users you invite to the Platform.
  • Ensuring your company's use of the Platform complies with all applicable laws and regulations.
  • Maintaining appropriate business licenses and insurance for your roofing operations.
  • Ensuring that all communications sent through the Platform comply with TCPA, CAN-SPAM, and other applicable laws.

19. Data Ownership & Portability

The Subscriber retains full ownership of all Customer Data. Upon written request and subject to the data export provisions in our Refund & Cancellation Policy, Ketterly will provide the Subscriber with a copy of their Customer Data in a standard machine-readable format (e.g., CSV or JSON).

20. Service Level Agreement (SLA)

Ketterly commits to maintaining 99.9% uptime for the Platform, measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance will be communicated at least 24 hours in advance. In the event of downtime exceeding the SLA commitment in any given month, Subscribers may request a service credit equal to 5% of their monthly subscription fee for each additional hour of downtime, up to a maximum credit of 50% of the monthly fee.

21. Account Termination by Ketterly

Ketterly may suspend or terminate a Subscriber's account for material breach of these Terms, including but not limited to: non-payment, use of the Platform for illegal purposes, or violation of the Acceptable Use provisions. We will provide at least 15 days' written notice before termination (except in cases of egregious violations requiring immediate action) and a reasonable opportunity to cure the breach.

Section C — End-User Terms (Sales Reps & Team Members)

In addition to the General Terms above, the following terms apply to End Users.

22. Authorized Use Only

Your access to the Platform is granted by your company's Subscriber and is subject to their direction and policies. Your account may be modified, suspended, or terminated by the Subscriber at any time.

23. No Ownership of Data

You do not own any data you input into the Platform. All leads, customer information, documents, photographs, notes, and other data you enter belong to the Subscriber's company. This applies during your employment and after your departure from the company.

24. Prohibition on Data Export & Misuse

You are expressly prohibited from:

  • Bulk-exporting leads, customer lists, or any other Customer Data for use at a competing company or for any purpose outside the scope of your authorized work.
  • Copying, downloading, screenshotting, or otherwise extracting Customer Data in bulk for personal use or to take to a competitor.
  • Using automated tools, bots, or scripts to extract data from the Platform.
  • Sharing Customer Data with any unauthorized third party.

Violation of this section may result in immediate termination of your account and may expose you to legal liability to both the Subscriber and Ketterly.

25. Conduct & Professionalism

You agree to use the Platform in a professional manner and in accordance with your company's policies. You shall not use the Platform to harass, threaten, defame, or engage in any conduct that would reflect negatively on the Platform or your company.

26. Account Termination

Your access to the Platform is contingent on your relationship with the Subscriber. If your employment or engagement with the Subscriber ends, your access will be terminated. You must not attempt to access the Platform or any Customer Data after termination.

Questions? Contact support@ketterly.com.