Privacy Policy
Your Privacy is Our Priority - Consumer Terms & Data Protection
Last Updated: August 2025
π Your Data Protection Rights
This policy explains how we collect, use, protect, and share your personal information when you use the Mr. Nailed It platform. We are committed to transparency and protecting your privacy rights under applicable laws including CCPA, CPRA, and other state regulations.
Mr. Nailed It Inc. β Pro Terms of Service Last Updated: August 2025
1Introduction
These Terms of Service (βTermsβ) form a legally binding agreement between you (βPro Userβ, βyouβ, βyourβ) and Mr. Nailed It Inc., a Delaware corporation (βCompanyβ, βMr. Nailed Itβ, βweβ, βusβ, βourβ), governing your access to and use of our Platform and Services.
By registering for, accessing, or using any part of the Mr. Nailed It systemβincluding, but not limited to, the lead generation tools, branded landing pages, CRM dashboard, internal lead marketplace, data services, and integrationsβyou accept these Terms in full. If you do not agree, you may not access or use the Platform.
These Terms are supplemented by our Privacy Policy, Data Processing Agreement (DPA), Cookie & Tracking Disclosure, and Acceptable Use Policy, all of which are incorporated herein by reference.
2Definitions
For the purpose of these Terms:
Pro User / Contractor β A registered business or individual who uses the Mr. Nailed It β Platform for commercial purposes, including but not limited to lead acquisition, CRM management, or service promotion.
Platform β The Mr. Nailed It ecosystem, including the web portal, landing page β generator, CRM tools, analytics, lead marketplace, and all associated APIs or hosted services.
Lead β A submitted user inquiry, form submission, or contact request by an end-user β (Consumer), containing data such as name, contact information, service type, budget, timeline, and/or property details.
Consumer / End User / Data Subject β A natural person who interacts with the β Platform through a branded landing page or form and provides personal information with the intent of receiving services or being matched with contractors.
CRM β The lead management and communication tools embedded within the β Platform, allowing you to manage, tag, sort, respond to, and export Leads.
Marketplace β A proprietary internal system through which Pro Users may choose to β sell or acquire Leads from other Pro Users under a governed resale mechanism. Data Controller / Processor β Mr. Nailed It Inc. acts as a data controller for all Leads β generated on the Platform and may act as a processor when Leads are routed to specific Pro Users, subject to relevant data-sharing policies and laws.
Service β Includes all functionalities of the Platform, including lead generation, β storage, analysis, resale, reporting, and communication tools.
3Scope of Agreement
3.1 Territory
These Terms apply to your use of the Platform within the United States of America. Certain provisions (e.g., data laws) may apply only to users or Consumers located in specific states (e.g., California, Florida, Texas, New York, Washington).
3.2 Audience
These Terms apply specifically to Pro Users, meaning business users accessing the Platform for commercial benefit. A separate Consumer Terms of Service governs the rights and duties of end-users who submit projects or Leads.
3.3 Language & Acceptance
You confirm that you understand English and have read and agreed to the Terms as presented. You affirmatively consent to these Terms by clicking βI Agreeβ or similar buttons, creating an account, or using any part of the Service.
4Eligibility & Access
4.1 Minimum Age
You must be at least 18 years of age or the age of majority in your state to create a Pro User account and access the Platform.
4.2 Business Use Only
By registering, you represent and warrant that you are accessing the Platform for commercial or business purposes only and not as a Consumer or for personal use. You agree that all usage is governed by these business-specific terms.
4.3 Authorized Representative
If you are registering on behalf of a company or other legal entity, you affirm that you have authority to bind that entity to these Terms.
4.4 Access Limitations We may restrict or deny access to the Platform or portions of the Services at our sole discretion, including but not limited to circumstances involving suspected fraud, unpaid fees, or legal violations.
5Registration & Account Obligations
5.1 Account Creation
To access most features, you must create a Pro User account, providing accurate, current, and complete information. You agree to update this information as needed to ensure continued accuracy.
5.2 One Account Per Entity
You may not create or maintain multiple accounts for the same business without our written consent. Unauthorized duplications may result in suspension or consolidation.
5.3 Account Credentials & Security
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized access or security breach.
5.4 Multi-User Access
If your account allows sub-users or team members, you are responsible for their activity on the Platform and for ensuring they comply with these Terms.
6Compliance with Laws & Platform Rules
6.1 Obligations Under Law
You agree to comply with all applicable laws and regulations, including TCPA, CAN-SPAM, CCPA, CPRA, and all local/state marketing, telemarketing, and licensing laws when using or contacting Leads.
6.2 Use of Platform Tools
You may only use the tools and features provided within the Platform for their intended purpose. Reverse engineering, scraping, or circumventing technical protections is strictly prohibited.
6.3 Third-Party Services
You may not integrate or connect unauthorized third-party services into the Platform without prior approval. Authorized integrations (e.g., Stripe, Google Ads) are governed by separate terms and are used at your own risk. 6.4 Audit & Monitoring
We may log activity and audit account usage to detect abuse, protect consumers, and enforce compliance. By using the Platform, you consent to such monitoring.
Part 3: Lead Generation, Ownership, and Platform License
7Lead Generation & Access
7.1 Lead Creation Tools
We provide tools such as landing pages, AI forms, and CRM integrations that allow Pro Users to generate Leads. You are solely responsible for how these tools are used and for ensuring compliance with applicable laws.
7.2 Consumer Consent
All Leads must be collected with valid consumer consent. You may not upload, import, or manually enter any Lead data unless that Lead has explicitly agreed to be contacted.
7.3 Ownership of Generated Leads
You retain ownership of exclusive Leads generated directly through your own branded assets within the Platform (landing pages, forms, etc.). This ownership is subject to the license granted below and the Platform rules.
8Platform License to Leads
8.1 Limited Platform License
You grant Mr. Nailed It a limited, worldwide, royalty-free license to process, store, analyze, and use the Leads you generate for the following purposes:
Enabling your use of the Platform β
Internal analytics, fraud prevention, and AI training β
Fulfilling consumer privacy obligations (e.g., deletion requests) β
8.2 Data Aggregation & Insights
We may use anonymized, aggregated data from your Leads to improve our services and generate market insights. No personal data will be shared without consent unless permitted by law or under this Agreement. 8.3 Loss or Corruption of Data
We are not liable for the accidental loss, corruption, or deletion of Lead data unless caused by our gross negligence or willful misconduct. We strongly recommend exporting or backing up important Leads.
9Lead Exclusivity & Use Restrictions
9.1 Lead Usage Scope
You may use your Leads solely for lawful marketing and business purposes. You may not use them in a way that violates the privacy rights of the Consumer, applicable laws, or these Terms.
9.2 No Off-Platform Resale
Leads may not be resold, shared, or transferred outside the Mr. Nailed It Platform without written authorization. You may resell Leads within the Platformβs Internal Marketplace (see Part 5).
9.3 Duplicate or Fraudulent Leads
We deploy fraud-detection systems, but we cannot guarantee Lead accuracy. You agree to vet and verify all Leads before relying on them for business purposes.
9.4 Consumer Rights
All Consumers have rights under laws like CCPA and CPRA. You must honor their requests to opt out, delete data, or stop communications, and must notify us if such requests are received.
Part 4: Lead Resale Marketplace
10Lead Resale Authorization & Conditions
10.1 Permission to Resell
You may choose to list unconverted or unused Leads for resale in our Internal Marketplace. You acknowledge and agree:
Each resale occurs only through our Platform β
Mr. Nailed It is authorized to mediate and facilitate the resale β
Leads must be verified with OTP or equivalent fraud filters β 10.2 Exclusivity Limits
Unless otherwise stated:
A Lead may be resold up to five (5) times total β
Only one Pro User may own an active version of a Lead at a time β
A βcooldownβ period (default: 14 days) may apply before resale eligibility β
10.3 Lead Status Declaration
Before listing a Lead for resale, you must:
Confirm that it has not been marked βconvertedβ β
Disclose any material prior contact history β
Ensure that the Lead was collected with compliant consent β
10.4 Right to Deny Listing
We reserve the right to reject, pause, or remove Lead listings that:
Lack valid verification β
Are marked as abusive by Consumers β
Appear to be duplicates or violate consent requirements β
11Marketplace Transactions & Commission
11.1 Transaction Flow
When another Pro User purchases your Lead:
You receive 50% of the resale price β
Mr. Nailed It retains 50% as platform commission β
Stripe Connect facilitates the transaction and payout β
All sales are final and non-refundable β 11.2 Stripe Requirements
To receive payouts, you must:
Maintain an active Stripe Connect account β
Submit required tax documentation (e.g., W-9) β
Comply with all Stripe terms and identity verification procedures β
11.3 Sales Reporting & Taxes
You are responsible for:
Reporting Lead resale income to tax authorities β
Keeping accurate transaction records β
Paying any local/state/federal taxes applicable to your payouts β
12Waiver of Liability in Resale
12.1 No Lead Guarantees
All Leads are sold βas-is.β We do not guarantee:
That the Consumer will respond β
That the information is accurate or up-to-date β
That you will convert the Lead to a paying customer β
12.2 No Refund Policy
All Lead purchases are final. Exceptions may apply only if:
Fraud is confirmed β
The Lead is proven to be a duplicate β
A technical error occurred during purchase (determined by us) β
12.3 Waiver of Claims You waive any claim against Mr. Nailed It for:
Missed revenue from a non-responsive Lead β
Any negative interaction with a Consumer β
Any previous or simultaneous contact by another Pro User β
Part 5: Platform Conduct & Enforcement
(Acceptable Use Policy, Violations, Account Suspension)
13Acceptable Use Policy (AUP)
13.1 General Rules
By using the Platform, all Users agree to:
Act respectfully and professionally β
Use the Platform only for lawful purposes β
Maintain truthful and accurate information β
13.2 Prohibited Activities
You may not:
Submit false project information or impersonate others β
Circumvent platform fees (e.g., by selling Leads off-platform) β
Spam Consumers with unsolicited calls, emails, or texts β
Violate consumer privacy rights or opt-out requests β
Use automation tools (bots, scrapers) without written approval β
Upload malware, viruses, or any harmful code β
13.3 Consumer Protection
Pro Users must: Comply with TCPA, CAN-SPAM, CCPA, CPRA, and other relevant laws β
Provide clear opt-out mechanisms in outreach β
Respect all βDo Not Contactβ requests immediately β
14Violations & Enforcement
14.1 Monitoring & Reporting
We may monitor activity on the Platform for violations. Consumers or other Users may report abuse directly via designated channels.
14.2 Enforcement Actions
Violations may result in:
Temporary suspension β
Permanent account termination β
Forfeiture of Leads or subscription access β
Legal action in cases of fraud, harassment, or abuse β
14.3 Right to Investigate
We reserve the right to:
Audit User activity β
Request supporting documentation for projects or Lead claims β
Share information with legal authorities if required β
14.4 No Refunds for Terminated Users
If your account is suspended or terminated for violating our Terms, no refunds will be issued for unused services, Leads, or subscriptions.
Part 6: Data Handling, Analytics & Usage Rights
(Your rights to use, analyze, monetize, and resell Lead data) 15. Ownership of Data
15.1 Submitted Data
All project submissions, Leads, and form responses provided by Consumers through the Platform (including landing pages and AI tools) are collected on behalf of Mr. Nailed It Inc.
We retain full ownership of the data structure, system logs, and analytics generated.
15.2 License to Use Lead Data
Pro Users receive a limited license to view, respond to, and export Leads assigned to them. This license is:
Non-exclusive β
Revocable β
Subject to compliance with data laws (e.g., CCPA/CPRA) β
15.3 You May Not
Pro Users may not:
Resell Lead data outside the Platform without express written consent β
Share personal data with third parties without disclosure β
Use Consumer information in a manner that violates their rights β
16Platform Use of Data
16.1 Aggregated & Anonymized Data
Mr. Nailed It may use collected data (including user behavior, forms, surveys, CRM actions, outreach responses) for:
Internal analytics β
Product development β
Trend reporting β
Machine learning optimization β Lead scoring and quality control β
16.2 Commercial Data Use
We reserve the right to:
Offer aggregated insights to third-party partners β
Improve targeting, AI recommendations, and platform features β
Monetize non-personal behavioral data, in compliance with applicable laws β
16.3 Third-Party Data Sharing
With appropriate disclosures and consent mechanisms, Mr. Nailed It may share certain data with:
Marketing vendors β
CRM and automation providers β
Financing partners (for offering loans to Consumers) β
Compliance vendors (e.g., for phone validation or fraud detection) β
16.4 Lead Resale Structure
We may allow Leads to be:
Resold internally to other verified Pro Users β
Offered again after expiration or cooldown windows β
Shared with partners in specific ZIP codes if not converted β
Details are governed in the Marketplace terms.
17Data Retention & Audit Trails
17.1 Retention Period
We retain all data for as long as required by: Law (e.g., consumer protection, tax) β
Platform use (analytics, support, fraud monitoring) β
Business needs, including marketing performance β
17.2 Access & Deletion Requests
Consumers may request access to their data or deletion via email or platform form. We will comply in accordance with CCPA, CPRA, and any applicable lawsβsubject to exceptions (e.g., if the data is needed for legal defense or fraud review).
17.3 Logs & Consent Storage
We store:
Lead submission timestamps β
Consent checkboxes and clickwrap acceptance β
Outreach activity and status logs β
These logs may be used for compliance, dispute resolution, or legal enforcement.
Part 7: Advanced Legal Protections
(Limitations of liability, disclaimers, arbitration, indemnity, and more)
18No Warranties or Outcome Guarantees
18.1 Platform Provided βAs-Isβ
Mr. Nailed It Inc. provides the Platform and its features without warranties of any kind. This includes:
No guarantee of lead conversion β
No guarantee of revenue or ROI β
No guarantee of system uptime or error-free functionality β
18.2 Third-Party Tools & APIs We are not liable for any issue resulting from Stripe, AWS, Twilio, or other third-party services used to support the Platform.
18.3 Consumer Interaction Risks
Pro Users engage with Consumers at their own discretion. We are not responsible for:
False, unresponsive, or misleading Leads β
Outcomes of communication, estimates, or jobs performed β
TCPA, CAN-SPAM, or data privacy violations by Users β
19Limitation of Liability
19.1 Maximum Liability
Our liability for any claim, whether in contract or tort, is limited to:
$100 USD; or β
The total fees paid by you in the past 6 monthsβwhichever is greater. β
19.2 Indirect & Consequential Damages
We are not liable for:
Lost profits β
Data loss β
Reputational harm β
Indirect, incidental, or consequential damages β
19.3 No Liability for User Misconduct
We are not responsible for the actions of Pro Users or Consumers, including:
Project disputes β
Fraudulent outreach β
Mishandling of consumer data β 20. Indemnification Clause
You agree to indemnify and hold harmless Mr. Nailed It Inc., its officers, affiliates, employees, and contractors from any claims, losses, or legal expenses arising from:
Your use of the Platform β
Your violation of any law (including TCPA, CCPA, CPRA, or CAN-SPAM) β
Any data handling violations on your end β
Any dispute between you and another User β
Your negligence, fraud, or misconduct β
Your breach of these Terms β
We may assume control of the defense of any claim. You agree to cooperate with us fully.
21Binding Arbitration & Dispute Resolution
21.1 Arbitration Clause
Any dispute, controversy, or claim arising out of or related to the use of this Platform shall be resolved through final and binding arbitration under the AAA Rules.
21.2 Location and Language
Arbitration shall take place in the State of Delaware β
Proceedings will be in English β
The parties waive the right to trial by jury β
21.3 Exceptions
We may seek injunctive relief in court for:
Intellectual property violations β
Data security breaches β Unauthorized use of the Platform β
22No Class Actions
22.1 Waiver of Class or Collective Actions
You agree that any dispute must be resolved on an individual basis. Neither party may join or consolidate claims in arbitration or court, nor participate in any class action, collective action, or private attorney general proceeding.
Part 8: Miscellaneous & Final Clauses
23Modifications to These Terms
23.1 Right to Update
We may modify these Terms at any time. Notice will be provided through the Platform, email, or other methods.
23.2 Continued Use as Acceptance
Your continued use of the Platform after changes become effective constitutes your acceptance of the updated Terms.
24Assignment & Transfer
24.1 Assignment by Mr. Nailed It
We may assign or transfer our rights and obligations under these Terms without restriction (e.g., in case of merger, acquisition, or corporate restructuring).
24.2 User Assignment Restrictions
You may not assign your rights under these Terms without our written consent.
25Governing Law & Jurisdiction
25.1 Jurisdiction
These Terms shall be governed by and interpreted under the laws of the State of Delaware, USA. 25.2 Legal Venue
All legal actions shall be brought exclusively in the state or federal courts located in Delaware. You waive any objection to such venue.
26Entire Agreement
These Terms of Service, together with our Privacy Policy, any applicable addenda, and any additional guidelines or rules posted on the Platform, constitute the entire agreement between you and Mr. Nailed It Inc. and supersede all prior agreements.
27Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
28Force Majeure
We are not liable for delays or failures caused by events beyond our control, including:
Natural disasters β
Government orders β
Internet outages β
Labor strikes β
War, terrorism, or civil unrest β
29Waivers
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
30Contact Information
For questions or legal inquiries, you may contact: Mr. Nailed It Inc.
A Delaware Corporation
Website: www.mrnailedit.com
Legal Inquiries: Via contact form on the site (or future dedicated email)
Part 8: Miscellaneous & Final Clauses
23Modifications to These Terms
23.1 Right to Update
We may modify these Terms at any time. Notice will be provided through the Platform, email, or other methods.
23.2 Continued Use as Acceptance
Your continued use of the Platform after changes become effective constitutes your acceptance of the updated Terms.
24Assignment & Transfer
24.1 Assignment by Mr. Nailed It
We may assign or transfer our rights and obligations under these Terms without restriction (e.g., in case of merger, acquisition, or corporate restructuring).
24.2 User Assignment Restrictions
You may not assign your rights under these Terms without our written consent.
25Governing Law & Jurisdiction
25.1 Jurisdiction
These Terms shall be governed by and interpreted under the laws of the State of Delaware, USA.
25.2 Legal Venue
All legal actions shall be brought exclusively in the state or federal courts located in Delaware. You waive any objection to such venue. 26. Entire Agreement
These Terms of Service, together with our Privacy Policy, any applicable addenda, and any additional guidelines or rules posted on the Platform, constitute the entire agreement between you and Mr. Nailed It Inc. and supersede all prior agreements.
27Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
28Force Majeure
We are not liable for delays or failures caused by events beyond our control, including:
Natural disasters β
Government orders β
Internet outages β
Labor strikes β
War, terrorism, or civil unrest β
29Waivers
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
30Contact Information
For questions or legal inquiries, you may contact:
Mr. Nailed It Inc.
A Delaware Corporation
Website: www.mrnailedit.com Legal Inquiries: Via contact form on the site (or future dedicated email)
36Electronic Signatures & Consent Records
36.1 Binding Clickwrap Agreement
By clicking βI Agreeβ, submitting a form, or using the Platform after being presented with these Terms, you provide your affirmative consent to be legally bound by this Agreement, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E- SIGN Act).
36.2 Consent Logging & Recordkeeping
We maintain timestamped records of user actions related to:
Acceptance of Terms of Service and Privacy Policy β
Consent to data sharing or communication β
Form submissions or financing inquiries β
These records may be used for compliance or legal defense purposes.
36.3 Legal Validity of Electronic Actions
All digital signatures, checkboxes, form submissions, and button clicks executed within the Platform shall be deemed legally valid and enforceable.
37Binding Arbitration & Class Action Waiver
37.1 Arbitration Agreement
Any dispute or claim arising from these Terms or your use of the Platform shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware.
37.2 No Class or Representative Actions
You agree to resolve disputes with Mr. Nailed It Inc. only on an individual basis. You waive the right to participate in any class, collective, or representative action, unless such waiver is deemed unenforceable by a court.
37.3 Injunctive Relief
Notwithstanding the above, either party may seek injunctive or equitable relief in a court of law for matters involving intellectual property or unauthorized access/use of the Platform. 38. Breach Notification & Security Protocol
38.1 Security Measures
We employ commercially reasonable safeguards (e.g., encryption, access controls, intrusion detection) to protect the confidentiality and integrity of data stored on our servers.
38.2 Breach Response
In the event of a data breach affecting personal information, we will notify affected users and authorities as required by law. Notification will occur within 72 hours of discovery where feasible.
38.3 Limitation of Liability for Breach
While we make best efforts to secure data, no system is immune to attack. You acknowledge that we shall not be held liable for damages caused by unauthorized third-party access, except in cases of gross negligence.
39Force Majeure
We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to:
Natural disasters or pandemics β
Telecommunications or power outages β
Labor strikes β
Acts of government or regulatory restrictions β
Cyberattacks or system failures not caused by our negligence β
40Updates, Feedback, and Miscellaneous
40.1 Version Control
These Terms may be updated periodically. The βLast Updatedβ date will reflect the most recent version. Continued use of the Platform constitutes acceptance.
40.2 User Feedback Any suggestions, ideas, or improvements you provide are voluntary and may be used by us without compensation.
40.3 Entire Agreement
These Terms, combined with the Privacy Policy, constitute the entire agreement between you and Mr. Nailed It Inc. regarding your use of the Platform.
40.4 Assignment
We may assign our rights or obligations under these Terms. You may not assign your account or obligations without written consent.
40.5 Survival of Terms
Sections regarding data use, IP ownership, liability limitations, indemnification, and dispute resolution shall survive termination of your use of the Platform.
Part 9: General Legal Terms
41Severability
If any part of these Terms is deemed invalid, illegal, or unenforceable under any law or regulation, the remaining provisions will remain in full force and effect.
42No Agency or Partnership
Nothing in these Terms creates a joint venture, agency, employment, or fiduciary relationship between you and Mr. Nailed It. You acknowledge that you are acting on your own behalf and not as a representative or agent of Mr. Nailed It.
43Assignment
You may not assign or transfer your rights or obligations under these Terms without prior written consent. We may assign these Terms, in whole or in part, without notice.
44Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. 45. Contact & Legal Notices
All notices to Mr. Nailed It Inc. must be sent in writing via our contact form at www.mrnailedit.com or by registered mail to our registered address in Delaware. Legal notices are deemed received within 3 business days.
46Entire Agreement
These Terms, along with our Privacy Policy and any other legal documents referenced herein, represent the entire agreement between you and Mr. Nailed It Inc. with respect to your access to and use of the Platform.
Appendices
Appendix A β CPRA / CCPA Addendum (California Privacy Rights Act)
This Appendix supplements the Terms and Privacy Policy, solely for Consumers located in California.
A1. California Resident Rights
As a California resident, you have the right to:
Know what personal data is collected about you β
Request deletion of your data β
Opt out of the sale or sharing of your data β
Request correction of inaccurate information β
Limit use of sensitive personal information β
A2. Do Not Sell or Share My Info
We provide a clear mechanism on the Platform to opt out of data sale or sharing, in accordance with CPRA. Pro Users who receive Leads are contractually required to respect this right.
A3. Third Party Transfers Your data may be shared with service providers, financial institutions, or marketing partners as permitted by law. We ensure these parties provide contractual assurances to safeguard your data.
A4. Verification Process
To act on your rights, you may be required to verify your identity through your account or by submitting proof of ID.
A5. Retention
Your data will be retained as long as reasonably necessary for the purpose for which it was collected, or to comply with legal obligations.
Appendix B β E-Signature & Clickwrap Consent
By using the Platform, you agree to the use of electronic records and signatures.
B1. Legal Effect
You consent to electronically sign and receive legal documents, terms, and notices. These electronic agreements are enforceable under the E-SIGN Act (15 U.S.C. Β§ 7001 et seq).
B2. Clickwrap Binding
All users must explicitly accept the Terms via an βI agreeβ checkbox before account creation. This form of acceptance is legally binding.
B3. Audit Logs
Mr. Nailed It Inc. retains records of all user consents, timestamped by user ID and IP address.
Appendix C β Data Processing Agreement (DPA)
Required for Pro Users who process Leads or personal data via the Platform.
C1. Data Controller vs. Processor
Mr. Nailed It Inc. acts as a Controller of the Consumer data for the purpose of routing β and monetizing leads.
Pro Users are considered Independent Controllers of the Leads they receive. β
C2. Processing Scope Data may be processed to:
Deliver Pro User services β
Match Consumers with Contractors β
Improve platform services β
Monitor fraud and abuse β
C3. Security Measures
Mr. Nailed It implements technical and organizational safeguards including encryption, access control, and incident response systems.
C4. Subprocessors
We use trusted subprocessors like Stripe, AWS, and messaging vendors. A full list is available upon request.
Appendix D β TCPA & CAN-SPAM Compliance Agreement
This appendix outlines responsibilities for outbound communication with Leads.
D1. Contractor Responsibility
Pro Users agree to:
Comply with the Telephone Consumer Protection Act (TCPA) β
Only call or text verified Leads β
Provide opt-out instructions in all messages β
Maintain a do-not-contact list β
Honor Consumer opt-out requests immediately β
D2. Indemnity
Pro Users agree to indemnify Mr. Nailed It Inc. from any claim, fine, or liability arising from improper communication practices.
Appendix E β Financing Partner Consent This Appendix applies when we share Consumer information with third-party financing providers to assist with home improvement funding options.
E1. Purpose of Sharing
Consumer data may be shared with licensed financing partners to help assess and offer loan options or payment plans.
E2. No Financial Advice
Mr. Nailed It Inc. is not a lender and does not provide financial advice. All decisions regarding loans or financing are solely between the Consumer and the third-party provider.
E3. Consent Mechanism
By submitting a service request, Consumers agree that:
Their information may be shared with vetted financial institutions β
They may receive outreach via email, phone, or SMS from these institutions β
E4. No Guarantees
We do not guarantee loan approval, rates, or eligibility. All financing offers are subject to lender terms and regulations.
Appendix F β User Feedback, Reviews & Testimonials
F1. License to Use
By submitting reviews, testimonials, feedback, or ratings on the Platform, you grant Mr. Nailed It Inc. a worldwide, royalty-free, perpetual license to display, reproduce, and use this content for any business purpose, including marketing and promotion.
F2. Moderation
We may edit or remove content that violates our policies or is inaccurate, defamatory, or misleading.
F3. Verification
You agree that your testimonial reflects your actual experience and that you were not compensated unless explicitly disclosed.
Appendix G β Third-Party Advertising, Retargeting & Analytics G1. Tracking Technologies
We use cookies, pixels, tags, and analytics tools (e.g., Meta Pixel, Google Analytics) to:
Measure campaign performance β
Retarget site visitors β
Improve lead matching β
G2. Advertising Partners
We may share pseudonymized or hashed identifiers (like email or phone number) with platforms such as:
Google Ads β
Meta (Facebook/Instagram) β
TikTok β
LinkedIn β
to help optimize ad targeting.
G3. Opt-Out
Users can opt out of behavioral advertising via platform-level settings or using tools like the Network Advertising Initiative (NAI) and YourAdChoices.
G4. Data Usage Scope
We do not sell this data to ad partners. It is used strictly for performance optimization and reach measurement.
Appendix H β Childrenβs Privacy Policy (COPPA)
H1. No Use by Minors
The Platform is not intended for users under the age of 18. We do not knowingly collect data from children under 13.
H2. Parental Controls
If we become aware that a child under 13 has submitted personal data, we will delete such data upon request. Parents may contact us at [support@mrnailedit.com] to request deletion. Appendix I β Legal Hold and Law Enforcement Cooperation
I1. Subpoena Compliance
We may disclose user information in response to lawful requests by public authorities, including court orders, subpoenas, or law enforcement inquiries.
I2. Preservation
We may preserve user data upon reasonable belief that it may be relevant to legal claims or investigations.
Appendix J β Data Breach Protocol
J1. Notification
In the event of a data breach affecting your personal information:
We will notify you within 72 hours (or as required by applicable law) β
We will include details of the breach, categories of data affected, and steps taken β
J2. Remedy
We will take immediate corrective actions, including containment, risk mitigation, and reporting to authorities.
J3. Liability
Our liability in the event of a breach is limited as per the Limitation of Liability clause in the main Terms.
Appendix K β Audit Trail & Consent Logs
K1. Record Keeping
We maintain encrypted logs of:
Lead creation β
Consent timestamps β Terms acceptance β
Account activity β
Opt-out requests β
K2. Legal Defense
These logs may be used to defend against claims of improper data use, unauthorized outreach, or compliance failures. π Data Processing Agreement (DPA) Effective Date: August 20, 2025
Parties:
This Data Processing Agreement (βDPAβ) is entered into by and between:
Mr. Nailed It Inc., a Delaware Corporation with its principal business at www.mrnailedit.com (βCompanyβ, βWeβ, βUsβ),
and
You, the Pro User, Customer, or Service Provider who accesses or uses the Companyβs Platform (βProcessorβ, βYouβ).
This DPA is incorporated into the Terms of Service and Privacy Policy and governs the processing of Personal Data on behalf of the Company in accordance with applicable data protection laws.
1. Definitions βPersonal Dataβ means any information relating to an identified or identifiable β individual submitted, stored, or processed via the Platform.
βProcessingβ means any operation performed on Personal Data, including collection, β storage, use, disclosure, or deletion.
βControllerβ means the entity that determines the purposes and means of Processing β (Mr. Nailed It).
βProcessorβ means the entity that Processes Personal Data on behalf of the β Controller (you or your organization).
βSubprocessorβ means any third party engaged by the Processor who Processes β Personal Data.
2. Scope & Roles The Company acts as Data Controller, and you act as Data Processor. β
You shall only Process Personal Data on documented instructions from the β Company, including as set forth in this DPA, the Terms of Service, and as otherwise necessary to provide the services.
3. Types of Personal Data Lead information (name, email, phone number, zip code, project details) β
User account data β
Technical identifiers (IP address, device ID, etc.) β
Any other data input or collected via the Platform β
4. Responsibilities of Processor You agree to:
Use Personal Data only as instructed by the Company. .1
Implement appropriate technical and organizational measures to ensure a level of .2 security appropriate to the risk.
Assist the Company in responding to Consumer rights requests (access, deletion, .3 opt-out, etc.).
Notify the Company without undue delay after becoming aware of a personal data .4 breach.
Delete or return Personal Data upon termination of services unless otherwise .5 required by law.
Maintain a record of processing activities when required under applicable laws. .6
5. Subprocessors You may not engage any Subprocessor without prior written approval from the β Company.
If approved, you are responsible for ensuring that Subprocessors comply with the β same obligations under this DPA.
6. International Transfers You agree not to transfer Personal Data outside the United States without prior β written approval and appropriate safeguards, including Standard Contractual Clauses (SCCs) or equivalent mechanisms.
7. Audit Rights The Company may audit your data practices, with reasonable notice, to ensure β compliance with this DPA.
You agree to cooperate fully and provide relevant documentation upon request. β
8. Data Breach Notification In case of a data breach involving Personal Data:
You must notify the Company within 72 hours of becoming aware of the incident. β
The notice must include: β
A description of the breach β
The data subjects affected β
The likely consequences β
Measures taken or proposed to address the breach β 9. Indemnity You agree to indemnify and hold harmless Mr. Nailed It Inc. from any liability, claims, or penalties arising from your violation of this DPA or applicable privacy laws, including CCPA, CPRA, or GDPR.
10. Term & Survival This DPA remains in effect for the duration of your use of the Platform and will β survive termination of your account for as long as you retain or access Personal Data.
11. Governing Law This DPA shall be governed by and construed in accordance with the laws of the β State of Delaware, without regard to its conflict of laws principles.
IN WITNESS WHEREOF, by continuing to use the Platform, you agree to the terms of this Data Processing Agreement.
Your Privacy Rights
Access Your Data
Request a copy of your personal information
Correction Rights
Update or correct inaccurate information
Data Deletion
Request deletion of your personal data
Opt-Out Options
Control how we use and share your data
Privacy Questions?
If you have questions about this Privacy Policy, want to exercise your data rights, or need assistance with privacy-related matters, please contact our Data Protection Officer.
California Residents: You have additional rights under CCPA/CPRA, including the right to know, delete, opt-out, and correct your personal information.Contact us to exercise these rights.
Data Security: We employ industry-standard security measures including encryption, access controls, and regular security assessments to protect your personal information.