Terms of Service

Last Updated: August 2025

1Introduction

If you do not agree – do not submit your information.

2Purpose of the Platform

Mr. Nailed It is a lead generation platform that connects homeowners and individuals to licensed contractors and home service professionals (“Pro Users”).

We do not provide contracting services ourselves. We serve as a data-driven intermediary that helps match potential customers with service providers.

3Submission of Information

3.1 When you submit a request or fill out a form, you acknowledge and agree that:

Your information will be shared with one or more Pro Users; ●

You may be contacted by SMS, phone, email, or other means; ●

Your request may be used to suggest relevant services; ●

Your Lead may be offered to other contractors, even after initial contact. ●

3.2 We may verify your phone number or email via OTP or similar methods.

4License to Use Your Data

4.1 You hereby grant Mr. Nailed It a worldwide, perpetual, royalty-free, sublicensable, transferable license to:

Use, store, analyze, duplicate, distribute, and commercialize your Lead information; ● Share your Lead with multiple contractors or partners, simultaneously or sequentially; ●

Use your data to improve services, train AI models, and power internal analytics; ●

Include your Lead in future remarketing, retargeting, or matching campaigns. ●

4.2 You agree that:

Mr. Nailed It is the exclusive controller of the Lead once submitted; ●

Leads may be sold, resold, or matched repeatedly, without obligation to inform you; ●

You waive any claims related to duplication, resale, or commercial use. ●

5Communication & Consent

5.1 By submitting a Lead, you expressly consent to:

Receive communications (including marketing) from Mr. Nailed It and affiliated Pro ● Users via SMS, phone calls, emails, and push notifications;

Be contacted even if your number is on a federal or state “Do Not Call” list; ●

Allow contact for promotional, informational, and service-related purposes. ●

5.2 Messaging and data rates may apply. You may opt out at any time by following instructions provided in each communication.

5.3 Opting out does not revoke the license granted to us under Section 4, nor does it require us to delete any data unless required by law.

6Use of AI & Automated Systems

6.1 You understand and agree that Mr. Nailed It may use artificial intelligence tools and automated decision-making systems to:

Score, filter, or prioritize Leads; ●

Match you with relevant Pro Users; ●

Generate summaries, insights, or predictions about your needs. ●

6.2 These tools may influence how your data is used, matched, or distributed. By using our Platform, you consent to this processing.  7. Data Sharing & Commercial Use

7.1 You agree that Mr. Nailed It may:

Share, sell, or license your Lead to one or more verified contractors; ●

Re-sell your Lead multiple times, at our discretion; ●

Use anonymized or aggregated data for market research, AI training, business ● development, or investor communications.

7.2 We may also transfer your data to third-party systems, marketing platforms (e.g., Google, Meta), and cloud providers in the U.S. and abroad, in compliance with applicable laws.

7.3 You acknowledge that your Lead may be retained and used for future campaigns, product development, or retargeting, unless you formally request deletion

7.4 In addition to contractor matchmaking, you acknowledge and agree that your submitted information may also be shared with third-party financing providers, insurance brokers, and other home-related service companies. These partners may contact you with offers related to home renovation funding, protection plans, or complementary services designed to support your project or improve your experience. 7.5 Mr. Nailed It is not a lender or insurance provider. Any financial agreements you may enter into are solely between you and the third-party company. We do not guarantee approval, rates, or service outcomes. 7.6 Consent to Third-Party Financial and Commercial Offers By submitting your information through the Platform, you expressly consent to receive communications from third-party companies offering services that may include: – Financing or payment plans for your home improvement project – Home insurance, warranties, or protection plans – Solar, energy-efficiency, or utility-related solutions – Any other relevant services connected to your request

Contact may occur via SMS, email, phone, or automated tools. Mr. Nailed It may be compensated for facilitating such offers. You may opt out of further communication by following the instructions in any such message or contacting us directly. 7.7 Legal Waiver Related to Commercial Contact You understand and agree that by providing your contact information, you waive any claims under TCPA, CCPA, CAN-SPAM, and similar consumer protection laws (to the maximum extent permitted) as they relate to permitted communications from partners you have authorized via the Platform.

8. Data Retention & Opt-Out  8.1 We retain Lead data for as long as needed to fulfill the purposes outlined above, including analytics, compliance, and business operations.

8.2 You may submit a formal request to:

Access your data; ●

Correct inaccurate data; ●

Delete your data (subject to legal exceptions). ●

8.3 Requests must be sent to: privacy@mrnailedit.com

Processing time may take up to 30 business days and requires identity verification.

9Jurisdiction, Governing Law & Dispute Resolution

9.1 These Terms are governed by the laws of the State of Delaware, USA.

9.2 All disputes, claims, or proceedings shall be resolved exclusively in the state or federal courts located in Delaware.

9.3 You waive any right to a jury trial and agree to resolve disputes on an individual basis only, with no class or representative actions permitted.

10Limitation of Liability

10.1 Mr. Nailed It provides the Platform “as-is” with no warranties or guarantees.

10.2 We are not responsible for:

The quality, timeliness, or outcome of services provided by Pro Users; ●

The accuracy or completeness of information you submit; ●

Any losses from duplicate outreach, spam, or unsolicited messages; ●

Misuse of data by Pro Users or third parties once shared. ●

10.3 Our maximum liability shall not exceed $100 under any circumstance.

11Legal Waivers & Consumer Acknowledgment

11.1 By using the Platform, you acknowledge and agree that:  Mr. Nailed It is not a service provider, contractor, or agent of any Pro User; ●

We do not endorse or verify the licensing, quality, or availability of any contractor; ●

All decisions regarding hiring, payments, and project scope are solely between you ● and the contractor.

11.2 You waive and release Mr. Nailed It from:

Any claim related to services rendered (or not rendered) by Pro Users; ●

Any damages resulting from multiple contractors contacting you; ●

Any claims under TCPA, CCPA, CPRA, CAN-SPAM, or similar regulations, provided ● we have followed applicable law.

12Entire Agreement & Modifications

12.1 These Terms, along with our Privacy Policy, constitute the entire agreement between you and Mr. Nailed It Inc. regarding your use of the Platform.

12.2 We may update these Terms at any time by posting a revised version on our website. Continued use of the Platform after such updates constitutes your acceptance.

12.3 If any provision of this agreement is found to be invalid or unenforceable, the remaining sections shall remain in full force.

13Contact Information

If you have questions or concerns regarding these Terms, you may contact us at:

Mr. Nailed It Inc.

A Delaware Corporation

📍 Website: www.mrnailedit.com

📍 Privacy & Legal Inquiries: privacy@mrnailedit.com

📍 Mailing address available upon request

14. Acceptable Use Policy  14.1 User Conduct

By using the Platform, you agree not to:

Submit false or misleading information; ●

Impersonate others or use fake identities; ●

Upload or transmit unlawful, defamatory, or harmful content; ●

Attempt to interfere with the Platform’s integrity or security; ●

Use bots, scripts, or unauthorized tools to extract data; ●

Circumvent access controls or fees. ●

14.2 Enforcement

Violations of this policy may result in account suspension, data removal, reporting to authorities, or legal action.

15Force Majeure

Mr. Nailed It Inc. shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, cyberattacks, war, labor strikes, utility outages, or governmental actions.

16Binding Arbitration & Dispute Resolution

16.1 Mandatory Arbitration

All disputes arising out of or relating to this Agreement shall be resolved exclusively by binding arbitration in the State of Delaware, in accordance with the rules of the American Arbitration Association (AAA).

16.2 No Class Actions

You waive your right to participate in class actions or consolidated legal proceedings. All claims must be brought individually.

16.3 Governing Law

These Terms shall be governed by the laws of the State of Delaware, excluding conflict of law principles.  17. Clickwrap Agreement & Digital Acceptance

By clicking “I Agree” or submitting your information on any form within our Platform, you affirmatively consent to be bound by these Terms and our Privacy Policy. We store and log your agreement timestamp as legal evidence of consent.

17.1 SMS & Mobile Communications

By submitting your information, you expressly consent to receive SMS messages from Mr. Nailed It Inc. and its authorized partners. These may include transactional alerts, service updates, appointment confirmations, and promotional offers. Message frequency may vary. Standard carrier rates may apply. You may opt out at any time by replying “STOP.”

18Cookie & Tracking Disclosure

18.1 Use of Cookies

We use cookies and similar technologies (e.g., pixels, beacons) to:

Operate and improve the Platform; ●

Analyze user behavior and measure engagement; ●

Deliver personalized advertising via third-party networks such as Google Ads and ● Facebook.

18.2 Third-Party Tracking

Our site may allow third-party services to collect information about your activities over time and across different websites. These parties may use this data to deliver targeted ads.

18.3 Consent & Opt-Out

By using the Platform, you consent to our use of cookies. You may adjust your browser settings to reject cookies, though some features may not function properly.

19Continued Use of Data After Deletion

19.1 Internal Analytics & Security

Even if you request deletion of your information, we may retain anonymized or aggregated data for:

Platform analytics and improvement; ●  Fraud prevention and audit trails; ●

Legal compliance and risk mitigation. ●

19.2 Backup Systems

Deleted data may remain in encrypted backups for a limited retention window (e.g., 30–90 days), after which it is permanently purged.

20Logging & Consent Timestamping

20.1 Audit Logs

We maintain detailed logs of user interactions, including:

Clickwrap agreement timestamps; ●

Form submissions; ●

OTP verifications; ●

Opt-ins and opt-outs. ●

20.2 Legal Value of Records

These logs may be used as valid evidence in legal or regulatory proceedings. By using the Platform, you agree that these records accurately reflect your consent and interactions.

21Miscellaneous Legal Protections

21.1 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

21.2 Assignment

We may assign our rights and obligations to another entity (e.g., in case of a merger or acquisition) without notice or consent.

21.3 Waiver

Failure to enforce any part of these Terms shall not be considered a waiver of our rights.  22. Data Licensing & Monetization

22.1 Limited License from Consumer

By submitting a form or using the Platform, you grant Mr. Nailed It Inc. a non-exclusive, transferable, worldwide, royalty-free license to use, analyze, and monetize your data— provided it is used in accordance with our Privacy Policy and applicable law.

22.2 Use by Affiliated Partners

You consent to your data being shared with affiliated service providers, including contractors, financing partners, and platform integrators, solely for service delivery, analytics, or marketing purposes.

23User Verification & Identity Matching

23.1 Verification Technologies

We may use automated tools to match user-provided information with public records, social profiles, or third-party databases to improve Lead quality and platform integrity.

23.2 Accuracy Disclaimer

We do not guarantee the accuracy of such verification processes and disclaim liability for misidentification or mismatched results.

24Communication Policy & Outreach Consent

24.1 Multi-Channel Communication

By using the Platform, you consent to being contacted via:

SMS (text), phone calls (automated or manual), email, push notifications, or postal ● mail.

24.2 Third-Party Messaging

Communications may come from Mr. Nailed It Inc., affiliated contractors, or authorized marketing platforms acting on our behalf.

24.3 Opt-Out Mechanism

You may opt out of marketing messages at any time. Transactional and security communications may still be sent where legally permitted.  25. California Privacy Notice (CPRA Addendum)

25.1 Your Rights under California Law

If you are a California resident, you may have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including:

Right to know, delete, correct, and opt-out of data sale or sharing. ●

25.2 Exercising Your Rights

You may submit requests via email or designated forms on our website. We will verify your identity before fulfilling any request.

25.3 Data Sale Disclosure

We may disclose or “sell” Lead data to Pro Users (contractors) as part of our business model. You can opt out at any time via our “Do Not Sell or Share My Info” page.

26Finance-Related Data Sharing

26Financing Partners & Lead Referrals

26.1 Data Sharing with Financing Providers

We may share project-related Lead data with licensed third-party lenders or financing marketplaces to help match users with suitable financial solutions.

26.2 No Financial Advice

We do not provide financial advice, credit scoring, or lending services directly. We disclaim liability for any decisions made based on lender offers.

27Use of AI and Automated Decision-Making

27.1 AI-Powered Systems

You acknowledge and agree that Mr. Nailed It Inc. may use artificial intelligence, machine learning, and automated decision-making tools to process, rank, or match Leads with service providers.

27.2 No Guarantee of Accuracy  While we aim to improve efficiency through automation, we do not guarantee perfect accuracy or suitability of any AI-based output.

27.3 Training Data Consent

By submitting your information, you grant us permission to use your anonymized data for model training, internal testing, and feature development.

28Geo-Location & Regional Targeting Consent

28.1 Location-Based Services

We may collect and use location-related data (e.g., ZIP code, IP address, GPS info) to improve service relevance, match you with local contractors, and enforce marketplace exclusivity zones.

28.2 Regional Preferences

By submitting your project, you consent to being matched with service providers operating in your region or surrounding areas based on our targeting algorithms.

29Clickwrap Agreement & Digital Signature

29.1 Binding Acceptance

By clicking “I agree,” checking a box, or continuing to use our platform, you affirmatively accept these Terms and acknowledge their binding nature.

29.2 Consent Recordkeeping

We retain timestamped logs of all acceptances, including IP address and user agent data, to enforce agreements and demonstrate lawful consent if needed.

30Force Majeure

30.1 Excused Performance

Mr. Nailed It Inc. shall not be held liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to:

Natural disasters, war, terrorism, labor strikes, pandemics, supply chain disruptions, ● changes in law, or failures of telecommunications infrastructure.  30.2 Notification

We will make reasonable efforts to notify users of such events and resume operations promptly once the force majeure event ends.

31Change in Ownership / Mergers & Acquisitions

31.1 Transfer of Data upon Sale

In the event that Mr. Nailed It Inc. is acquired, merged, or undergoes a change in ownership, all user data may be transferred to the new entity, subject to this policy.

31.2 Continued Protection

We will require the acquiring entity to honor the existing privacy and usage terms, or provide comparable protection.

32Cookie & Tracking Disclosure

32.1 Cookies & Pixels

We use cookies, pixels, and tracking technologies to operate the platform, improve user experience, analyze behavior, and serve personalized ads via partners such as Google and Meta.

32.2 Categories of Tracking

The technologies used may include:

Essential functionality cookies ●

Analytics (e.g., Google Analytics) ●

Advertising pixels (e.g., Facebook Pixel) ●

Session and user behavior tracking ●

32.3 Consent Mechanism

By using the Platform, you consent to the placement of such technologies. Where required by law (e.g., CCPA or CPRA), users will be notified via a banner and have the option to adjust preferences.

32.4 Do Not Track (DNT)

Our system may not respond to DNT signals. However, you may use browser-level controls to limit cookies.  33. Security Breach Notification Protocol

33.1 Security Measures

We implement technical, physical, and organizational safeguards to protect user data, including encryption, limited access, and audit logs.

33.2 Incident Response

If a data breach occurs affecting your personal information, we will:

Notify you within 72 hours (as required by law); ●

Provide details about the nature of the breach and affected data; ●

Advise on actions you may take to protect yourself. ●

33.3 No Liability for External Systems

We are not responsible for breaches on third-party platforms (e.g., Stripe, CRM integrations) not under our control.

34International Data Transfers

34.1 U.S.-Based Operations

Mr. Nailed It Inc. operates from the United States. By using our Platform, you agree that your data will be transferred to and stored in the U.S., regardless of your country of origin.

34.2 Privacy Shield / SCC Compliance

For international data transfers, we rely on appropriate legal mechanisms (e.g., Standard Contractual Clauses or equivalent safeguards).

35Compliance with Law Enforcement

35.1 Government Requests

We may disclose user data if required by law, subpoena, court order, or a valid legal process from law enforcement or regulatory agencies.

35.2 Minimization & Transparency  Unless prohibited, we will:

Notify the affected user(s); ●

Limit disclosure to what is legally required; ●

Challenge overbroad requests if appropriate. ●

36Third-Party Services and Integrations

36.1 External Platforms

We may share data with authorized third-party vendors and service providers to operate our Platform effectively, including:

Payment processors (e.g., Stripe) ●

Analytics services (e.g., Google Analytics) ●

Communication platforms (e.g., Twilio for SMS) ●

CRM and marketing automation tools ●

36.2 No Responsibility for Third Parties

We are not responsible for the practices of third-party services beyond our control. Their use of your data is subject to their own policies.

36.3 Disclosure for Functionality

Your data may be disclosed to third parties only to the extent necessary to:

Deliver the service you requested ●

Prevent fraud or abuse ●

Comply with legal or regulatory obligations ●

37. State-Specific Consumer Rights (California, New York, Florida, Texas, Washington)

37.1 Notice to California Residents (CCPA/CPRA)

If you reside in California, you have the right to:  Know what personal information we collect ●

Request access to or deletion of your information ●

Opt out of the sale or sharing of personal data ●

We provide a “Do Not Sell or Share My Info” link as required by law.

37.2 Notice to Residents of Other States

Users in New York, Florida, Texas, and Washington may have similar or additional rights. We will honor valid state-level requests to the extent required by applicable law.

38Acceptable Use & Abuse Restrictions

38.1 Prohibited Conduct by Consumers

You may not:

Submit false or misleading project information ●

Use the platform to harm, threaten, or harass any Contractor ●

Attempt to reverse engineer or interfere with platform security ●

Misuse the referral or quote request systems ●

38.2 Consequences of Misuse

We reserve the right to:

Block or delete abusive submissions ●

Report unlawful behavior to authorities ●

Ban users for violating this policy ●

39Future Use of Submitted Data

39.1 Commercial Use

We may use your data in the future (in anonymized or pseudonymized form) for:  Internal analytics ●

AI model training ●

Product and service improvement ●

Research and innovation purposes ●

39.2 Lead Reuse Across Contractors

Unless explicitly stated otherwise, your inquiry may be matched with multiple contractors over time if relevant.

40Consent Logging and Enforcement

40.1 Audit Trails

We maintain detailed logs of when, how, and from what device each user gave consent to these Terms and our Privacy Policy.

40.2 Dispute Support

These logs may be used to defend against legal claims or demonstrate valid consent to data processing, communication, or resale.

40.3 Clickwrap Evidence

By clicking “I Agree,” you consent to all terms herein. Our system timestamps and stores this event as legal evidence.

41Restrictions on Resale or Redistribution of Data

41.1 No Unauthorized Sharing

You may not:

Repost, share, or sell any lead data or user inquiry outside of authorized use cases ●

Provide platform-generated data to competitors or third-party marketplaces ●

41.2 Internal Use Only

Any data collected is intended for use solely within the Mr. Nailed It platform and its verified business partners.

41.3 Violation Consequences We reserve the right to suspend, delete, or take legal action against any individual or entity that breaches this clause.

42Financial Solutions and Partner Integrations

42.1 Finance Matching

We may collaborate with licensed financial providers (“Finance Partners”) to offer Consumers financing options for home improvement projects.

42.2 Data Sharing for Financing

By submitting your information, you authorize us to share it with our Finance Partners solely for the purpose of presenting financing offers. We do not provide financial advice.

42.3 No Liability for Finance Outcomes

We are not responsible for decisions made by third-party lenders or financial service providers. Use of such services is entirely at your discretion.

43Data Portability & Export Rights

43.1 Access and Portability Requests

Users may request access to a copy of their data in a structured, commonly used format (subject to verification and legal limits).

43.2 Deletion Rights

You may request deletion of your information at any time. However, some data may be retained if:

Required by law ●

Needed to resolve disputes ●

Used to protect against fraud or abuse ●

44International Access and Jurisdiction Limits

44.1 U.S.-Only Operation Mr. Nailed It is intended for use by U.S. residents and entities. We do not knowingly process data from individuals in countries with data sovereignty restrictions.

44.2 Access from Outside U.S.

If you access the platform from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

45Enforcement, Penalties & Dispute Resolution

45.1 Violation Investigation

We reserve the right to investigate any suspected misuse of the platform, data, or services and take appropriate legal or technical action.

45.2 Injunctive Relief

In addition to monetary damages, we may seek injunctive or equitable relief for any violation of our intellectual property or data policies.

45.3 Binding Arbitration (if applicable)

If elected, all disputes shall be resolved by binding arbitration in the State of Delaware. Users waive the right to jury trial or class action participation.

45.4 Fees and Recovery

If we prevail in legal action, we may recover reasonable attorney fees and costs.

46AI Tools, Automation & Content Generation

46.1 Use of Artificial Intelligence

We may use AI and machine learning technologies to:

Improve lead matching ●

Personalize landing pages ●

Optimize ad performance ●

Generate automated replies or forms ●

46.2 Transparency

By using the Platform, you acknowledge and consent to AI-enhanced features. We do not guarantee accuracy of AI-generated outputs.  46.3 No Human Advice

Any content generated by AI (e.g., chatbot responses, quote suggestions) is informational only and should not be considered professional or legal advice.

47Security Incidents and Breach Notification

47.1 Data Breach Protocol

In the event of a confirmed security incident affecting user data, we will:

Investigate and contain the breach ●

Notify affected users within 72 hours, where required by law ●

Cooperate with regulators or legal authorities as needed ●

47.2 Limitations

We are not responsible for breaches caused by:

User negligence (e.g., password reuse) ●

Compromise of third-party devices, networks, or accounts ●

48Change of Control or Sale of Business

48.1 Corporate Transactions

In the event that Mr. Nailed It Inc. undergoes a merger, acquisition, sale, or transfer of assets:

User data may be transferred to the successor entity ●

The terms of this Agreement will continue to bind the new entity ●

You will be notified in advance, where legally required ●

48.2 User Options

Following such a transaction, you may request account deletion or data export if you do not wish to continue.  49. Termination of User Access

49.1 Voluntary Termination

You may request to delete your account at any time by contacting us via email or platform settings.

49.2 Involuntary Termination

We reserve the right to suspend or terminate your access, without notice, if:

You violate these Terms ●

You engage in fraudulent, illegal, or abusive behavior ●

Required by law or court order ●

49.3 Post-Termination Obligations

Sections related to liability, data rights, indemnity, and dispute resolution will survive termination.

50Force Majeure

50.1 Unforeseen Events

We shall not be liable for delays or failures in performance resulting from events outside our control, including but not limited to:

Natural disasters ●

Power outages or infrastructure failures ●

Cyber attacks ●

Labor strikes ●

Pandemic-related shutdowns ●

Governmental actions ●

50.2 Service Restoration

We will make reasonable efforts to restore service promptly following such events.  Appendix A – Data Processing Agreement (DPA) 1. Introduction

This DPA applies to all data subjects whose personal information is submitted, collected, or managed through the Platform.

2Definitions

Data Subject: An individual whose personal data is processed (e.g., Consumers ● submitting project requests).

Controller: Mr. Nailed It Inc., determining the purposes and means of data ● processing.

Processor: Any third-party service provider processing data on behalf of Mr. Nailed It ● (e.g., Stripe, CRM vendors).

Personal Data: Any information that relates to an identified or identifiable person. ●

Processing: Any operation performed on personal data (collection, storage, use, ● disclosure, etc.).

3Scope of Processing

We process data:

To match Consumers with suitable service providers ●

To verify leads using OTP and anti-fraud tools ●

To enable financial offerings or loan referrals ●

For analytics and operational improvements ●

For compliance, record-keeping, and audits ●

Data will not be used for unrelated purposes without user consent.  4. Lawful Basis for Processing

We rely on:

Consent: When the Consumer submits a form and agrees to receive communications ●

Contractual necessity: To provide requested services ●

Legitimate interests: For platform security, fraud detection, or performance tracking ●

Legal obligations: To comply with applicable laws ●

5Subprocessors

We may use subprocessors for:

Hosting (e.g., AWS) ●

Payments (e.g., Stripe) ●

Communication (e.g., Twilio for SMS) ●

Analytics & Automation (e.g., Meta, Google Ads, CRM tools) ●

All subprocessors are bound by data protection agreements and confidentiality clauses.

6Data Security Measures

We implement technical and organizational safeguards, including:

TLS encryption ●

Role-based access control ●

Activity logging and anomaly detection ●

Regular audits and patching ●

Data anonymization where feasible ●  7. Data Subject Rights

Users may request:

Access to their data ●

Correction of inaccurate data ●

Deletion of data (“Right to be Forgotten”) ●

Portability in a standard format ●

Restriction of processing ●

Objection to processing for marketing ●

Requests can be submitted via support channels or email.

8Data Transfers

If data is transferred outside the U.S. (e.g., subprocessors with international servers), we ensure adequate safeguards in accordance with relevant U.S. or international data protection standards.

9Data Breach Notification

In the event of a confirmed breach, we will:

Notify affected users within 72 hours ●

Inform relevant authorities where required ●

Cooperate with remediation efforts ●

10Duration and Deletion

We retain data:  For as long as needed to provide services ●

As required by law (e.g., tax or regulatory records) ●

For a reasonable period thereafter for fraud detection and legal defense ●

Users may request deletion at any time, unless restricted by legal obligations.

11Governing Law

This DPA is governed by the laws of the State of Delaware and applicable U.S. privacy regulations, including CCPA, CPRA, and any future amendments.

1Scope

This Addendum applies to all data processed on California residents when using Mr. Nailed It services, landing pages, or tools.

2Categories of Personal Information Collected

We collect the following types of personal information:

Identifiers: Name, phone number, email address, ZIP code ●

Commercial Information: Project types, service interests ●

Internet Activity: Device type, IP address, browser info, usage behavior ●

Geolocation: Based on ZIP or device metadata (if permitted) ●

Inferences: AI-generated lead scoring or engagement estimation ●  3. Purpose of Collection

We collect and use personal data to:

Match Consumers with Contractors (Pro Users) ●

Verify and qualify Leads ●

Provide loan referral options or financing ●

Analyze and improve platform experience ●

Comply with legal obligations ●

4Consumer Rights (Under CPRA)

California users have the right to:

Know what personal info we collect and why ●

Access their stored information ●

Delete their data ●

Correct inaccurate info ●

Opt-out of sale or sharing of personal info ●

Limit use of sensitive personal data ●

These rights can be exercised via our website’s “Do Not Sell or Share My Info” link or by contacting us via email.

5Sale and Sharing Disclosures

We may share personal data with licensed contractors and vetted third-party partners in a B2B context (i.e., matching users with service providers or financial partners). This may constitute a “sale” or “sharing” under CPRA.

Users are notified of this at the point of data collection, with the ability to opt out via:

Website footer: “Do Not Sell/Share My Info” ●  Lead form disclaimer ●

Privacy policy acknowledgment checkbox ●

6Service Providers & Third Parties

All third parties receiving personal data must:

Sign a CPRA-compliant service provider agreement ●

Process data only for the purposes defined by Mr. Nailed It ●

Not resell, retain, or use data for any unauthorized purpose ●

7Opt-Out Mechanism

Users can opt out of data sale or sharing via:

The dedicated CPRA Opt-Out page ●

By emailing our privacy team at: [to be filled before launch] ●

By responding “STOP” to any SMS received ●

8Enforcement and Compliance

We monitor compliance with CPRA through:

Consent logs and audit trails ●

Access restrictions and internal policies ●

Regular training for staff and partners ●

Noncompliance may result in disciplinary action or vendor termination.

9. Updates  We may amend this CPRA Addendum to remain compliant with California law. Updated versions will be posted on our website with the date of revision clearly stated.

1What Are Cookies?

Cookies are small text files placed on your device when you visit a website. They help store preferences, track usage behavior, and personalize experiences.

We also use similar technologies such as:

Pixels ●

Local storage ●

Session storage ●

Browser fingerprinting ●  2. Types of Cookies We Use

2Types of Cookies We Use

Duration Purpose Type

Session or up to 7 days For platform functionality, Strictly Necessary login sessions, and OTP verification

Up to 90 days To measure usage, page Performance speed, and user behavior

Up to 180 days For retargeting ads via Marketing Facebook, Google, TikTok, etc.

30–365 days For internal product Analytics improvement (e.g., Google Analytics, Hotjar)

3Third-Party Tools Used

We may use cookies and SDKs from:

Google Ads & Google Analytics ●

Meta (Facebook Pixel) ●

TikTok Pixel ●

Microsoft Clarity ●

Stripe ●

CRM and heatmap tools ● These providers may collect usage behavior, IP address, and browser metadata. Their use is subject to their own privacy policies.

4Consent Mechanism

Users will see a cookie banner upon first visit to:

Accept all cookies ●

Customize preferences ●

Decline optional cookies ●

Essential cookies are always active.

5Opt-Out Options

You may:

Use the “Manage Cookies” link in the site footer ●

Adjust your browser settings to block cookies ●

Opt-out of targeted ads via: ●

https://optout.aboutads.info ○

https://www.youronlinechoices.com ○

Note: Disabling cookies may affect functionality.

6Do Not Track (DNT)

Our systems do not currently respond to DNT signals from browsers.

7Updates to This Disclosure

We may update this Cookie Disclosure as technologies evolve. Last updated: August 2025  Appendix D – Data Breach & Security Incident Response Protocol This appendix outlines Mr. Nailed It Inc.’s procedures for responding to actual or suspected data breaches, security threats, or unauthorized access to personal information (“Incidents”), in accordance with applicable U.S. privacy and consumer protection laws.

1Scope of Applicability

This protocol applies to:

All personal data processed through our platform ●

All Consumer and Pro User data stored or transmitted ●

Internal logs, backups, and API-based data transfers ●

Vendors, affiliates, and third-party processors under contract ●

2Definition of a Data Breach

A “Data Breach” includes (but is not limited to):

Unauthorized access or disclosure of personal data ●

Ransomware or hacking incidents ●

Accidental or unlawful destruction or loss of data ●

Malicious insider actions ●

3Detection & Monitoring

We use the following tools to detect and respond:

Activity logs with real-time alerts ●

Intrusion detection systems (IDS) ●  API request audits ●

Rate-limit flags and anomaly tracking ●

All events are monitored 24/7 by automated systems and reviewed regularly.

4Incident Response Steps

Upon discovery of a potential breach:

Step 1: Identification

Incident is validated and risk level is assessed.

Step 2: Containment

Affected systems are isolated or shut down to prevent further damage.

Step 3: Investigation

We perform forensic analysis to determine scope, cause, and affected records.

Step 4: Notification (if required)

Users, regulators, and affected partners are notified within legally required timeframes.

Step 5: Remediation

Systems are patched, vulnerabilities resolved, and recovery protocols executed.

Step 6: Documentation

The entire process is logged in our internal Incident Register for compliance and audit.

5Notification Obligations

We are committed to notifying:

Consumers and Pro Users within 72 hours if their data was exposed in a breach ● involving:

Name and contact ○

Project or lead data ○  Payment identifiers (e.g., Stripe Connect account info) ○

Regulatory authorities (e.g., State Attorney General) in line with U.S. state-by-state ● breach notification laws (e.g., California Civil Code §1798.82)

Notifications will be delivered via email, SMS, or in-app message and will include:

Type of information affected ●

Steps taken to mitigate harm ●

Contact method for further assistance ●

6Preventive Measures

We take the following steps to reduce breach risk:

End-to-end encryption of lead data and credentials ●

Access control via RBAC (Role-Based Access Control) ●

MFA (Multi-Factor Authentication) for admin users ●

Quarterly vulnerability scans and penetration testing ●

Vendor audits and contract clauses for security obligations ●

7Liability Disclaimer

While we implement reasonable security measures, no platform is immune from attack. Mr. Nailed It is not liable for damages caused by:

Force majeure ●

Zero-day vulnerabilities ●

Third-party service compromise (e.g., cloud provider breach) ●

Users agree to regularly update passwords, secure their own devices, and report suspicious activity.  8. Updates

We reserve the right to revise this protocol as needed. Users will be notified of material changes.

Last updated: August 2025

1Consent to Electronic Signatures

By using our platform, including:

Checking a box (“I agree”) ●

Clicking a button to proceed ●

Submitting a form ●

Accessing gated areas (e.g., Pro Dashboard) ●

…you consent to:

Signing electronically instead of with a paper signature ●

Receiving legal notices and documents digitally ●

Creating legally binding agreements through the platform ●

2Legal Enforceability

Your electronic acceptance of:

Marketplace Rules ●

Lead Purchases and Billing Terms ●

…has the same legal force as a handwritten signature. This includes:

Court admissibility ●

Binding arbitration agreements ●

Limitation of liability provisions ●

3Record-Keeping and Audit Trail

We retain proof of consent and signature through:

Time-stamped acceptance logs ●

IP address and device metadata ●

Session IDs and OTP logs ●

Encrypted backups of all agreements ●

Records are securely stored and auditable for at least 7 years from date of acceptance.

4Opting Out of E-Signatures

If you wish to withdraw consent to e-signatures:

You must notify us in writing at legal@mrnailedit.com ●

Your access to the Platform may be suspended or limited ●

Physical signatures may incur administrative delays ●

5. Third-Party E-Signature Providers  We may use secure digital signature platforms (e.g., DocuSign, HelloSign) for contracts, assignments, or investor agreements. By interacting with these systems, you agree to their policies and consent mechanisms.

6Updates

This appendix may be updated periodically to reflect legal or technological changes.

Last updated: August 2025

1Definitions

Lead Data: Any personal or project-related information submitted by a Consumer via ● our forms, landing pages, or integrations.

Data Subject: The individual (typically a homeowner) whose personal data is ● contained in the Lead.

Pro User: The contractor or service provider assigned to or purchasing the Lead. ●

Resale: Any authorized transfer of Lead Data to another Pro User through our ● internal Marketplace.

Data Partner: A vetted third party with whom we share anonymized or ● commercialized lead data (e.g., for financing, analytics, or resale).

2Platform Ownership & Licensing

2.1 Platform Ownership  All Lead Data submitted through the Platform is stored within the digital infrastructure of Mr. Nailed It. The Company retains full rights over the structure, processing flow, and licensing framework of all data collected.

2.2 Limited Usage License

When a Pro User acquires a Lead (via generation or purchase), they are granted a limited, revocable, non-transferable license to contact and use the Lead for the purpose of providing services directly related to the inquiry.

2.3 Resale Permissions

Unless otherwise restricted, Pro Users may list Leads for resale within the Marketplace subject to platform rules and consumer opt-out rights.

3Commercial Use and Transfer Rights

3.1 Internal Use

Lead Data may be used to:

Contact the Consumer by phone, SMS, email, or mail ●

Build proposals or estimates ●

Schedule appointments and send reminders ●

3.2 Resale Rights

The same Lead may be sold or transferred to up to X contractors, with cooldown periods or ZIP-based exclusivity rules as defined in Marketplace settings. We reserve the right to adjust resale limits.

3.3 Data Monetization

Mr. Nailed It may share or monetize Lead Data with:

Financing providers (e.g., home improvement loans) ●

Insurance partners ●

Statistical research firms ●

Advertising networks ●

These transfers are subject to applicable opt-out laws (e.g., CCPA §1798.120).  4. Retention & Deletion

4.1 Retention Policy

Lead Data is stored securely and retained for:

7 years from collection ●

Or longer if required by law, regulation, or fraud prevention ●

4.2 Deletion Requests

Consumers may request deletion via our Privacy Request Form. However:

Leads involved in active transactions may be retained until completion ●

We may retain data for compliance, fraud monitoring, or legal defense ●

5Audit, Access & Control

5.1 Audit Rights

Mr. Nailed It may audit any usage of Lead Data by Pro Users or Partners to ensure compliance with this policy.

5.2 Revocation of Access

We may suspend or revoke access to Leads if:

They were obtained fraudulently ●

Terms of resale were breached ●

Consumer complaints arise ●

5.3 Prohibited Uses

You may not:

Resell data outside of the Platform ●

Upload lead data to public databases ●  Use data for unrelated marketing ●

Contact a Consumer who opted out ●

6Consumer Transparency & Opt-Out

6.1 Disclosure at Collection

Every form or lead generation flow includes:

A link to our Privacy Policy ●

Disclosure that leads may be shared with contractors or financing providers ●

Checkbox consent (or clickwrap) for SMS/email communication ●

6.2 “Do Not Sell My Info” Compliance

California residents may opt out of resale via:

Web form ●

Link in SMS/email ●

Platform dashboard ●

We maintain audit logs of these preferences.

7Disclaimer of Liability

We are not responsible for:

Misuse of Lead Data by third parties ●

Errors in submission or data accuracy ●

Failure of Pro Users to comply with local privacy laws (e.g., TCPA, CAN-SPAM, ● CCPA)

Users accept Lead Data “as-is” and use it at their own risk.  8. Updates & Revisions

This appendix is reviewed periodically and may be updated to reflect:

Changes in law (e.g., CPRA, NY Privacy Act) ●

Adjustments to resale structure or Marketplace policies ●

Technical improvements in data handling ●

We may notify users of major changes through email, SMS, or in-app notification.

Last updated: August 2025

1Scope of Tracking

We use Tracking Technologies to:

Monitor and analyze website traffic ●

Personalize content and ads ●

Track conversions from advertising platforms (e.g., Facebook, Google) ●

Improve Platform performance and user experience ●

Attribute leads to campaigns and referring sources ●

Tracking may occur:

On our public-facing website (www.mrnailedit.com) ●

On white-labeled contractor landing pages ●

Inside logged-in user dashboards ●  Within emails, SMS, or links sent from the system ●

2Types of Tracking Technologies

We may use the following:

Cookies – small data files stored on a user’s browser ●

Pixels – small images embedded into pages or emails (e.g., Facebook Pixel, TikTok ● Pixel)

Device Fingerprinting – passive collection of technical identifiers ●

UTM Tags & URL Parameters – to track campaign source, medium, and ad ● variations

Session Recording Tools – for UX analysis and fraud prevention (e.g., Hotjar) ●

Some of these tools are provided by third parties.

3Third-Party Services & Integrations

Our Platform may allow or include Tracking Technologies from:

Google Analytics / Tag Manager ●

Facebook / Meta Ads (including Conversions API) ●

LinkedIn Insight Tag ●

Microsoft Clarity ●

TikTok Ads ●

Stripe ●

CRM & automation partners ●

These providers may collect personal information per their own privacy policies. We do not control their practices.  4. Consent and Cookie Banners

4.1 Consent Requirement

In jurisdictions such as the EU and certain U.S. states (e.g., California), consent is required prior to activating non-essential cookies.

4.2 Cookie Banner

We display a cookie consent banner on first visit that allows users to:

Accept all cookies ●

Reject non-essential cookies ●

Access more information via our Privacy Policy ●

4.3 Persistent Consent Storage

We log consent events, timestamps, IP addresses, and preferences for audit and legal defense.

5User Choices & Controls

5.1 Browser Settings

Users can configure browsers to reject or delete cookies. This may affect certain features.

5.2 Do Not Track (DNT)

Our Platform does not currently respond to DNT signals due to inconsistent industry standards.

5.3 Tracking Opt-Out

To opt out of third-party tracking, users may:

Visit Network Advertising Initiative (NAI) opt-out tools ●

Use Facebook and Google Ad Settings ●

Install browser extensions (e.g., Privacy Badger) ●

6. Legal Compliance  We implement tracking in accordance with:

California Consumer Privacy Act (CCPA/CPRA) ●

General Data Protection Regulation (GDPR) ●

Colorado, Connecticut, Virginia, and Utah privacy laws ●

Children’s Online Privacy Protection Act (COPPA) ●

We do not knowingly collect tracking data from users under 13.

7Data Sharing & Sale Disclosure

Tracking data may be shared with third-party platforms to:

Optimize ad campaigns ●

Attribute conversions ●

Conduct lookalike modeling ●

Re-engage leads via retargeting ●

Under CCPA, this may be considered a “sale” or “sharing” of personal information. Users may opt out via the “Do Not Sell or Share My Info” link.

8Updates to This Appendix

This appendix may be revised from time to time to reflect new tools, vendors, or regulatory requirements.

Last updated: August 2025

A “Security Incident” refers to any:

Unauthorized access to personal data ●

Accidental loss or exposure of user information ●

Malicious intrusion (e.g., hacking, ransomware, DDoS) ●

Misuse or theft of login credentials ●

Breach involving a third-party vendor that affects user data ●

2Detection and Monitoring

We implement layered technical and organizational safeguards to detect and respond to breaches, including:

Firewall monitoring ●

Access logs and intrusion detection systems ●

OAuth/OTP verification ●

Vendor-level breach alerts (e.g., from Stripe, AWS) ●

3Response Protocol

In the event of a confirmed or suspected breach, we will:

3.1 Immediate Response

Contain and isolate the affected system ●

Revoke compromised credentials and access points ●

Launch an internal security audit ●

3.2 Investigation  Determine scope, cause, and type of data involved ●

Assess risk to affected users ●

Identify whether any third-party vendor was involved ●

3.3 Documentation

Maintain a complete incident log ●

Timestamp key actions and decisions ●

Prepare internal and external reports, as required ●

4Notification Timeline & Method

4.1 Notification Threshold

If we reasonably believe that a breach has occurred that may pose a risk to the privacy or security of personal information, we will notify affected users in accordance with applicable laws.

4.2 Timeline

Unless otherwise required by law, we aim to notify affected parties within 72 hours of confirmation.

4.3 Method of Notification

Email and/or SMS to affected users ●

In-app alerts for registered users ●

Website disclosure, if appropriate ●

Regulatory filings where required ●

5Information Included in the Notice

The breach notification will include:  The nature of the incident ●

The types of data affected ●

Recommended steps the user should take ●

Contact information for follow-up ●

Description of measures we’ve taken to mitigate harm ●

6Regulatory & Legal Compliance

We comply with all relevant data breach laws, including but not limited to:

California Consumer Privacy Act (CCPA/CPRA) ●

New York SHIELD Act ●

Florida Information Protection Act (FIPA) ●

General Data Protection Regulation (GDPR), if applicable ●

Federal Trade Commission (FTC) guidance ●

We also cooperate with law enforcement and regulatory authorities as required.

7Post-Breach Commitments

Following a breach, we may offer:

Password resets ●

Identity monitoring referrals ●

Refunds or account credits (in limited cases) ●

Platform-wide security upgrades ●

Training or revalidation of internal personnel or third-party vendors ●  8. No Admission of Liability

Notification of a breach does not constitute an admission of fault, liability, or negligence by Mr. Nailed It Inc., its employees, or vendors.

Last updated: August 2025

1No Use by Children Under 13

The Mr. Nailed It platform is not directed to children under the age of 13, and we do not knowingly collect or solicit personal data from any individual under 13 years of age. If you are under 13, do not use or provide any information on this Platform or through any of its features.

2Parental Consent Requirement

We do not offer services that require or are intended to collect verifiable parental consent. Our platform is intended solely for adult use (18+ or the age of majority in your state).

3Data Removal Upon Discovery

If we learn that we have collected personal information from a child under 13 without verification of parental consent, we will:

Delete that information from our records ●

Disable or restrict access to the associated account (if any) ●

Take steps to ensure no further collection from that user ●

4. How Parents Can Request Removal  If you are a parent or guardian and believe that your child has submitted personal information without your consent, please contact us immediately at:

privacy@mrnailedit.com

Subject line: “COPPA Data Request”

Please include sufficient information to help us identify and locate the relevant data.

5No Age Verification Technology

We do not actively verify the age of users but rely on self-attestation during form submissions and account creation. By using our platform, you represent that you are 13 years of age or older.

6Limited Use of Public Advertising Platforms

Our advertising channels (such as Meta, Google, and TikTok) are configured to target adult audiences. We make reasonable efforts to exclude content from child-directed environments.

7Changes to This Policy

We reserve the right to update this appendix in compliance with changes to COPPA or related legislation. Changes will be posted in this section of the Terms.

Last updated: August 2025

By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by all sections of this Agreement, including but not limited to:

Privacy Policy ●  Pro User Terms & Marketplace Clauses ●

Acceptable Use Policy ●

Cookie & Tracking Disclosure ●

Arbitration & Waiver Clauses ●

Data Usage & Consent Terms ●

Children’s Data & COPPA Compliance ●

Any future amendments publicly posted within the Platform ●

Questions or Concerns?

Please direct all legal inquiries, opt-out requests, or data subject access requests to:

Mr. Nailed It Inc.

A Delaware Corporation

Website: www.mrnailedit.com

Email: privacy@mrnailedit.com

Effective Date: August 2025

Document Version: 1.0

‫ 📘 (שכבת פיצוי והגנה משפטית‬Indemnification and Legal Shield Clause )‫מורחבת‬

You agree to indemnify, defend, and hold harmless Mr. Nailed It Inc., its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and legal representatives (collectively, the “Protected Parties”) from and against any and all claims, actions, demands, investigations, liabilities, damages, losses, costs, and expenses (including but not limited to reasonable attorney’s fees and court costs) arising out of or related to:

Your use of the Platform or any services obtained through it; .1 Any breach or violation of these Terms or applicable law by you or anyone using your .2 account;

Your submission of false, misleading, or incomplete data; .3

Any claim that your use of the Platform violates third-party rights, including .4 intellectual property, privacy, publicity, or contractual rights;

Your communications with Contractors, Vendors, or any third parties; .5

Any regulatory fines, complaints, or legal actions resulting from your actions or .6 omissions;

Your use of any data (including Consumer Leads) in violation of TCPA, CCPA, CAN- .7 SPAM, GDPR, or other data privacy laws.

📍 You agree that Mr. Nailed It Inc. has the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to fully cooperate in such defense.

📍 This clause shall survive termination of the agreement and remain in effect as long as any legal risk may exist.

To the fullest extent permitted by applicable law, you agree that any and all disputes, claims, or legal proceedings between you and Mr. Nailed It Inc. shall be conducted only on an individual basis and not in a class, consolidated, collective, or representative action.

YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING AGAINST MR. NAILED IT INC. OR ITS AFFILIATES.

No arbitration or proceeding shall be combined with another without the prior written ● consent of all parties.

If this Class Action Waiver is found to be unenforceable, then the entirety of the ● arbitration agreement shall be null and void.

📍 This waiver applies to all claims past, present, and future, and shall survive account termination or discontinuation of the Platform.

You agree to indemnify, defend, and hold harmless Mr. Nailed It Inc., its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and legal representatives (collectively, the “Protected Parties”) from and against any and all claims, actions, demands, investigations, liabilities, damages, losses, costs, and expenses  (including but not limited to reasonable attorney’s fees and court costs) arising out of or related to:

Your use of the Platform or any services obtained through it; .1

Any breach or violation of these Terms or applicable law by you or anyone using your .2 account;

Your submission of false, misleading, or incomplete data; .3

Any claim that your use of the Platform violates third-party rights, including .4 intellectual property, privacy, publicity, or contractual rights;

Your communications with Contractors, Vendors, or any third parties; .5

Any regulatory fines, complaints, or legal actions resulting from your actions or .6 omissions;

Your use of any data (including Consumer Leads) in violation of TCPA, CCPA, CAN- .7 SPAM, GDPR, or other data privacy laws.

📍 Mr. Nailed It Inc. may assume exclusive defense and control of any indemnified matter, and you agree to cooperate fully.

📍 This section survives termination and remains enforceable as long as any risk exists.

To the fullest extent permitted by law, you agree that any dispute, claim, or legal proceeding with Mr. Nailed It Inc. must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE A CLASS ACTION OR CLASS ARBITRATION.

No arbitration or proceeding shall be combined with another without prior written ● consent.

If any portion of this waiver is found unenforceable, the arbitration clause may be ● voided entirely.

This waiver applies to all past, present, and future claims and survives account closure.

📘 26. Liquidated Damages To the extent permitted by law, you agree that certain breaches of these Terms—particularly those involving data misuse, unauthorized resale, system circumvention, or fraudulent submissions—may cause harm to Mr. Nailed It Inc. that is difficult to quantify.

Accordingly, you agree that in such cases, Mr. Nailed It Inc. shall be entitled to recover liquidated damages in the amount of $10,000 per violation, in lieu of actual damages, without waiving any additional rights or remedies available under law or equity.

Examples of violations triggering liquidated damages include but are not limited to:

Sharing or exporting Leads outside the Platform without permission; ●

Circumventing Stripe Connect payment processes or internal fee structures; ●

Submitting fake or unauthorized Leads; ●

Using the Platform in violation of federal or state consumer privacy laws; ●

Accessing data without proper authorization or misusing collected Consumer ● information.

You acknowledge that this amount is reasonable and not a penalty, given the nature of the services and the value of the data involved.  📘

1Introduction

Welcome to Mr. Nailed It Inc. (“Mr. Nailed It,” “we,” “our,” or “us”). These Pro User Terms of Service (“Terms”) govern your use of our platform as a contractor, service provider, or any other business entity offering home improvement or construction-related services (“Pro User,” “you,” or “Contractor”).

By accessing or using our services, including lead generation, CRM tools, marketing integrations, and the internal resale marketplace (collectively, the “Platform”), you agree to be legally bound by these Terms, our Privacy Policy, and any applicable Data Processing Agreement (DPA).

If you do not agree to these Terms, you may not use the Platform

.  2. Key Definitions

Pro User / Contractor A registered business or individual using the Platform to generate, manage, or purchase leads.

Consumer / Homeowner A user submitting a project or requesting a service through the Platform.

Lead A submitted project or inquiry by a Consumer, which includes their contact and project details.

Exclusive Lead A lead generated solely for your use, not yet resold.

Marketplace The internal platform where unconverted leads may be resold to other Contractors.

Stripe Connect Our third-party payment processor used to manage transactions, subscriptions, and payouts.

3Acceptance of Terms

By clicking “I Agree,” submitting payment, or otherwise using the Platform, you:

Confirm that you are authorized to represent your business. ●

Acknowledge that Mr. Nailed It is not a subcontractor, broker, or legal advisor. ●

Agree to comply with U.S. marketing, data, and consumer protection laws (including ● CCPA and TCPA).  Accept that these Terms govern all activity on the Platform, including CRM use, ● landing pages, and lead resale .

4Pro Account Registration & Eligibility

4.1 Eligibility Requirements

You must be at least 18 years old and authorized to conduct business in the United States. You confirm that all information you submit is accurate, up to date, and legally valid.

4.2 Account Setup

To use the Platform, you must create a Pro User account and provide:

Legal business name ●

Contact person ●

Phone number & email ●

EIN or taxpayer ID ●

Payment method via Stripe ●

Service areas & categories ●

4.3 Security Responsibilities

You are solely responsible for securing your login credentials and activity within your account. Any unauthorized use must be reported immediately.

4.4 Business Purpose Only

The Platform is for commercial use only. Use of your account for non-business or misleading purposes may result in suspension or termination.  5. Use of Platform

5.1 Permitted Uses

You may use the Platform to:

Build landing pages ●

Receive and manage exclusive leads ●

Participate in the resale Marketplace ●

Track activity via analytics and CRM integrations ●

Export your customer data (subject to DPA and CCPA) ●

5.2 Prohibited Uses

You may not:

Provide false credentials, licensing, or certifications ●

Circumvent Platform fees or resell leads outside the Platform ●

Use bots, scraping tools, or unauthorized integrations ●

Post fake projects to gain competitor access ●

Spam Consumers or violate TCPA/CAN-SPAM laws ●

Use Mr. Nailed It to promote competing services or platforms ●

5.3 AI Use Disclosure

The Platform may use AI-based forms, automated routing, or lead scoring. These tools are provided “as-is” and are not guaranteed to be accurate.

5.4 Lead Resale Participation

You may choose to list unused leads in the Marketplace, subject to quality standards and Platform rules (detailed in Section 6).

6Payment, Fees & Subscriptions

6.1 Subscription Fees  You agree to pay a monthly or annual fee to access Platform features. All payments are:

Collected via Stripe ●

Billed in USD ●

Non-refundable unless otherwise stated ●

6.2 Failed Payments

Your account may be suspended if payment fails or expires. You are responsible for keeping your billing info current.

6.3 Marketplace Transactions

If you resell or buy leads via the internal Marketplace:

50% of the resale price goes to the seller ●

50% is retained by Mr. Nailed It as commission ●

No refunds unless technical or fraudulent ●

6.4 Tax Compliance

You are responsible for reporting and paying any federal, state, or local taxes. We may issue a 1099-K if earnings exceed legal thresholds.

Section 3: Lead Ownership, Usage & Resale 7.1 Ownership of Lead Data

All Leads submitted through Mr. Nailed It’s Platform are the exclusive property of Mr. Nailed It Inc., even when routed to a specific Pro User.

By using the Platform, you acknowledge and agree that:

Mr. Nailed It Inc. is the sole Data Controller of all Lead information collected. ●

As a Pro User, you are granted a limited, non-transferable, non-exclusive, revocable ● license to use each Lead solely for your own business purposes, while the Lead remains active in your account.  This license automatically terminates if: ●

The Lead is marked as “converted,” “dead,” or “resold” ○

The Consumer requests deletion ○

The Lead is flagged for violation or misuse ○

You may not:

Copy, retain, store, or resell Leads outside of the Platform ●

Export Lead data to third-party systems or CRMs without written authorization ●

Circumvent Marketplace logic or platform restrictions ●

All Consumer information is handled under applicable privacy laws including CCPA, CPRA, and GDPR. You act as a Data Processor, and you must honor all opt-out, deletion, or privacy-related requests we pass along to you.

7.2 Lead Access & CRM License

You are granted access to a cloud-based CRM dashboard to manage Leads received through the Platform. You agree that:

Data within the CRM is transient and Platform-bound ●

Leads may not be stored externally unless downloaded via an approved method ●

You are responsible for complying with applicable contact laws when initiating ● outreach

7.3 Resale & Data License Terms (Updated)

The Platform (Mr. Nailed It Inc.) retains full ownership of all consumer data and Leads submitted through the Platform or any affiliated landing pages, regardless of which Pro User generated the Lead.

By using the Platform, you (the Pro User) receive a limited, non-transferable, revocable license to access and respond to each assigned Lead. This license does not confer exclusivity, ownership, or the right to control further distribution.  Unless otherwise specified in writing, the Platform may:

Resell or redistribute any Lead at its sole discretion, including to other Pro Users, ● affiliates, or financing providers.

Resell a Lead multiple times, simultaneously or sequentially, without limitation on ● frequency or geography.

Share Lead data with third-party service providers or partners for purposes including ● financing, analytics, remarketing, or fraud detection, subject to applicable privacy laws.

You acknowledge and agree that:

You are not entitled to exclusivity or guaranteed response. ●

Your rights to a Lead may be revoked if you violate the Platform’s rules. ●

You may not claim ownership of any data stored, routed, or generated through the ● Platform.

7.4 Consumer Overlap & Resale Disclosure

You understand and accept that:

Consumers may submit multiple project requests ●

A single Consumer may appear in more than one Lead record ●

A Lead may be relisted for resale if not converted after a defined cooldown period ● (e.g., 14 days)

You waive any claims against Mr. Nailed It for:

Duplicate data resulting from user resubmissions ●

Conversion failure ●

Lack of responsiveness ●  Resale history of a particular Lead ●

7.5 Platform’s Disclaimers Regarding Leads

We do not guarantee:

That any Lead will convert ●

That Consumer data is 100% accurate ●

That the Consumer is interested, responsive, or available ●

That you will generate ROI ●

All Leads are provided “as-is”, and you are solely responsible for validating and qualifying them.

7.6 Compliance & Risk Allocation

You agree:

You are solely responsible for compliance with TCPA, CCPA, CAN-SPAM, and other ● applicable laws

You must provide an unsubscribe option and cease contact if requested ●

You will not store or repurpose Lead data outside the Platform ●

We are not liable for your outreach, conduct, or conversion efforts ●

You release Mr. Nailed It from all liability regarding:

Lead responsiveness ●

Project results ●

Business outcomes ●

Legal claims related to misuse or overcontact ● We reserve the right to suspend or remove access to Leads at any time if misuse or violation is detected.

8General Conduct Standards

8.1 You agree to use the Platform solely for lawful, professional purposes.

8.2 You may not impersonate other individuals, falsify business credentials, or misrepresent your affiliation with Mr. Nailed It.

8.3 You may not use the Platform to defraud, harass, threaten, or harm others.

9Platform Manipulation and Data Abuse

9.1 You must not scrape, crawl, reverse engineer, or otherwise extract data from the Platform without written permission.

9.2 You may not bypass any usage limits, resale restrictions, or CRM access protocols.

9.3 Creating fake Leads, duplicating projects, or reusing Consumer data without permission is strictly prohibited.

10Spam, Outreach & Compliance Requirements

10.1 All communications initiated via the Platform must comply with applicable laws, including TCPA, CAN-SPAM, and state-specific rules.

10.2 You must provide clear unsubscribe and opt-out mechanisms.

10.3 You may not send mass unsolicited emails, robocalls, or automated messages unless legally compliant.

11. AI Tools, Bots & Automation Restrictions 11.1 You may not use unauthorized bots, lead scraping tools, or automation services on the Platform.

11.2 If you use AI-assisted responses or integrations, you must disclose them to Consumers upon request.

11.3 Mr. Nailed It may monitor and restrict abnormal automation behavior.

12Reporting Violations

12.1 Users may report suspected violations through the Platform or by emailing [legal@mrnailedit.com].

12.2 Reports must include sufficient detail for investigation. We reserve the right to request supporting evidence.

13Enforcement, Penalties & Suspension

13.1 We may suspend, restrict, or terminate access to your account or data if you violate these Terms.

13.2 Violations of law may be reported to authorities.

13.3 We may withhold payment, disable access to Leads, or remove listings as enforcement mechanisms.

13.4 You waive any claims against Mr. Nailed It for enforcement actions taken in good faith.

14Subscription Plans & Pricing (Pro Users Only)

14.1 Access to certain features requires a paid subscription. By signing up for a paid plan, you authorize Mr. Nailed It to charge your selected payment method on a recurring basis.

14.2 Subscription plans and pricing tiers are displayed on the Platform and are subject to change.

14.3 We reserve the right to revise fees or introduce new charges with 7-day advance notice. Continued use after such notice constitutes acceptance.  15. Billing & Payment Processing

15.1 All billing is processed in U.S. Dollars (USD) via Stripe Connect.

15.2 You must maintain a valid payment method in your account. Failed payments may result in suspension.

15.3 You are responsible for updating your billing information as needed.

15.4 All charges are final and non-refundable unless otherwise stated in writing.

16Lead Resale Payments & Commission Structure

16.1 When a Lead is sold in the internal Marketplace:

50% of the transaction amount is paid to the original Lead generator ●

50% is retained by Mr. Nailed It as platform commission ●

All transactions are processed through Stripe Connect ●

16.2 Funds are released upon confirmation of purchase. Disputes or chargebacks may delay payouts.

17Taxes, Reporting & Compliance

17.1 You are responsible for all federal, state, and local tax obligations arising from payments received through the Platform.

17.2 Mr. Nailed It may issue Form 1099-K or other tax documents if legally required.

17.3 You must provide accurate tax information (e.g., W-9 or EIN) to receive payouts.

17.4 We may withhold payouts if your account is incomplete or non-compliant.

18Refunds & Credits

18.1 Subscriptions and purchased Leads are non-refundable.

18.2 Refunds or credits may be issued at our sole discretion in cases of:  Proven fraud ●

Platform error ●

Duplicate transactions ●

18.3 Refund requests must be submitted within 14 days of the transaction.

19Suspension Due to Payment Failures

19.1 Accounts with unresolved billing issues may be suspended.

19.2 We reserve the right to block access to paid features, the CRM, or the Lead Marketplace until all balances are settled.

19.3 Repeated billing failures may result in account termination.

20Scope of This Policy

20.1 This Privacy Policy explains how Mr. Nailed It collects, uses, stores, and shares personal data from Users (Pro Users and Consumers).

20.2 This summary does not replace our full Privacy Policy, which is available on our website and may include jurisdiction-specific disclosures.

21Data We Collect

We may collect the following categories of information:

Personal identifiers (name, email, phone number) ●

Business details (contractor name, license, ZIP code) ●

Project and service request information (for Consumers) ●

Geolocation (via IP address or ZIP submission) ●  Payment and billing information (via Stripe) ●

Device and browser metadata (e.g., cookies, user agent) ●

22How We Use Data

We use your data to:

Deliver the services you request ●

Connect Consumers with relevant Pro Users ●

Verify identity through OTP and fraud protection ●

Personalize and improve platform functionality ●

Enforce compliance with our Terms and legal requirements ●

Analyze anonymized usage data for internal insights ●

23Lead Sharing Practices

23.1 Consumer Leads are shared only with relevant, authorized Pro Users based on submitted project types and location.

23.2 Leads may be resold (by Pro Users) within the Platform, subject to Marketplace rules.

23.3 Mr. Nailed It does not sell personal data to third-party advertisers or data brokers.

24Data Retention & User Control

24.1 We retain user data only as long as necessary to provide services, prevent fraud, or comply with legal obligations.

24.2 You may submit requests to:

Access or review the data we hold ●

Correct or update your personal data ●  Delete your account or Leads ●

Opt out of data sharing or resale, where required by law ●

24.3 Requests can be submitted via the Platform dashboard or by emailing: privacy@mrnailedit.com

25Security Measures

25.1 We implement technical and organizational safeguards, including:

Encrypted data transmission (HTTPS, TLS) ●

Secure databases and access control ●

Internal audit logs and risk monitoring ●

25.2 However, no platform is 100% secure. You are responsible for protecting your login credentials and connected devices.

26Third-Party Vendors & Hosting

We work with authorized service providers who may process or store data:

Stripe – payment processing ●

AWS (Amazon Web Services) – server infrastructure ●

Meta, Google, Twilio – communications and tracking integrations ●

All vendors are required to comply with applicable U.S. privacy laws, including CCPA and CPRA, and maintain adequate security protocols.

27.1 The Platform is offered “as-is” and “as available” without any warranties, express or implied.

27.2 We do not guarantee:

Lead quality or conversion ●

Consumer responsiveness ●

Platform uptime or availability ●

Compatibility with your software or systems ●

27.3 You use the Platform at your own risk. We disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

28Limitation of Liability

28.1 To the maximum extent permitted by law, Mr. Nailed It Inc. shall not be liable for:

Indirect, incidental, or consequential damages ●

Loss of revenue, profit, or data ●

Customer disputes or failed transactions ●

Claims related to third-party platforms (e.g., Stripe, Google, Meta) ●

28.2 Our total liability shall not exceed the greater of:

$100 USD ●

The amount paid to us by you in the 6 months preceding the claim ●

28.3 These limitations apply regardless of the theory of liability and even if we were advised of the possibility of such damages.

29Contractor & Consumer Disputes

29.1 We are not a party to any contract or agreement between a Pro User and a Consumer.  29.2 We are not responsible for:

Misconduct or fraud by any user ●

Communication breakdowns ●

Non-payment or poor performance ●

29.3 You release Mr. Nailed It from all liability related to disputes with other users.

30Indemnification

30.1 You agree to indemnify and hold harmless Mr. Nailed It Inc., its officers, directors, employees, and partners from any and all claims arising from:

Your use or misuse of the Platform ●

Your violation of these Terms ●

Your failure to comply with CCPA, TCPA, CAN-SPAM or other laws ●

Any infringement of privacy or intellectual property rights ●

Any interaction, contract, or dispute with another user ●

30.2 We may assume exclusive control of the defense in any matter you indemnify us for, and you agree to cooperate fully.

31Legal Survival & Enforceability

31.1 These provisions survive termination of your account or discontinuation of service.

31.2 If any clause in this Part is deemed unenforceable, the remaining provisions shall remain in full force and effect.

32.1 These Terms and any dispute arising under them shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

32.2 You agree that Delaware law applies regardless of your state of residence or the state in which you use the Platform.

33Exclusive Jurisdiction

33.1 You agree that any legal action, lawsuit, or proceeding arising under or related to this Agreement shall be brought exclusively in the state or federal courts located in New Castle County, Delaware.

33.2 You irrevocably consent to the jurisdiction and venue of those courts, and waive any objection based on inconvenient forum.

34. Mandatory Arbitration (Optional – Include If You Want) 🟡 Want to include arbitration? I can add it. For now, this section is a placeholder.

34.1 You may choose to resolve certain disputes through binding arbitration. If arbitration is chosen, each party waives its right to a jury trial.

35No Class Actions

35.1 You agree to resolve any disputes with Mr. Nailed It on an individual basis only.

35.2 You waive your right to bring or participate in any class, collective, or representative action against us.

35.3 This section survives the termination of your account or these Terms.

36Statute of Limitations

36.1 You must file any claim or action arising out of or related to this Agreement within one (1) year of the event giving rise to the claim.

36.2 Any claim filed after that period is permanently barred unless prohibited by applicable law.  📘

37Entire Agreement

37.1 These Terms, along with our Privacy Policy and any applicable appendices, constitute the entire agreement between you and Mr. Nailed It Inc.

37.2 They supersede any prior agreements, proposals, or understandings – written or oral – between the parties.

38Modifications to Terms

38.1 Mr. Nailed It may update these Terms from time to time.

38.2 If material changes occur, we will provide notice via email or dashboard notification.

38.3 Continued use of the Platform after such notice constitutes your acceptance of the updated Terms.

39Assignment & Transfer

39.1 You may not assign or transfer your rights or obligations under these Terms without prior written consent.

39.2 Mr. Nailed It may assign its rights and obligations to a successor entity or affiliate in the event of a merger, acquisition, or reorganization.

40Force Majeure

40.1 We are not responsible for delays or failures caused by events beyond our control, including but not limited to:

Natural disasters ●

Outages in hosting or payment services ●

War, terrorism, or civil unrest ●  Labor strikes or supply chain issues ●

41Severability

41.1 If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.

42Waiver

42.1 Our failure to enforce any provision of these Terms shall not constitute a waiver of that right in the future.

43Language & Headings

43.1 These Terms are written in English. Any translation is provided for convenience only.

43.2 Headings are for reference and do not affect the interpretation of the clauses.

44Contact Information

For questions, legal inquiries, or support, contact:

Mr. Nailed It Inc.

A Delaware Corporation

Website: www.mrnailedit.com

Email: [support@mrnailedit.com] (pending)

By purchasing or receiving a Lead through the Platform, you acknowledge and agree that:

The Consumer may have submitted their information via multiple channels and is not ● guaranteed to be exclusive. The Consumer has provided prior express consent to be contacted via phone, SMS, ● or email as per the Platform’s policies and federal laws including the TCPA and CAN- SPAM.

You are solely responsible for maintaining compliance with federal and state ● outreach regulations, including opt-out requirements.

Mr. Nailed It Inc. reserves the right to share collected data (including Lead data) with third parties under the following conditions:

For internal analytics and fraud prevention ●

For payment processing (e.g., Stripe, bank integrations) ●

For CRM or marketing system integrations ●

With affiliated business partners or subcontractors for service improvement ●

With advertising platforms (e.g., Google Ads, Facebook/Meta) ●

With financing partners to facilitate project funding options for Consumers ●

Data is shared in compliance with the Privacy Policy, the California Consumer Privacy Act (CCPA), and other applicable laws.

Unless specifically stated otherwise in a written agreement:

Leads are not exclusive by default ●

A single Lead may be resold multiple times (with limits defined in the main body of ● the agreement)

Contractors agree that the Platform is permitted to offer the same or similar Leads to ● other Pro Users

Duplicate contact is not grounds for refund or legal claim against Mr. Nailed It Inc. ●  Appendix D – Binding Arbitration Clause

Any legal dispute or claim arising from or related to this Agreement or your use of the Platform shall be submitted to binding arbitration administered by the American Arbitration Association (AAA). The arbitration:

Shall take place in the state of Delaware ●

Shall be governed by Delaware law ●

Shall be conducted in the English language ●

Shall exclude class-action claims or jury trials ●

Each party waives the right to participate in any class action, mass action, or collective legal claim.

You (the Pro User) agree to fully indemnify, defend, and hold harmless Mr. Nailed It Inc., its officers, employees, directors, affiliates, partners, and agents from any and all claims, losses, demands, liabilities, costs, damages, or legal expenses (including attorneys’ fees), resulting from:

Any outreach or marketing activity you perform based on a Lead ●

Violation of the TCPA, CCPA, CPRA, or any data privacy law ●

Any Consumer dispute or negative outcome involving your services ●

Infringement of intellectual property rights by content you upload ●

Any breach of your obligations under these Terms ●

This clause shall survive termination of this Agreement.

Mr. Nailed It Inc. shall not be held liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to:

Natural disasters (earthquakes, floods, wildfires) ●  Acts of war or terrorism ●

Pandemics or public health emergencies ●

Internet outages, system downtime, or infrastructure failures ●

Government regulations or restrictions ●

During such events, obligations may be paused without penalty or liability.

The Platform uses:

HTTP cookies ●

Pixel tracking (e.g., Facebook Pixel, Google Tag Manager) ●

Session data ●

Consent logs ●

All usage is disclosed in the Privacy Policy and consent is obtained via cookie banners or system pop-ups. Users’ interactions are timestamped and stored for regulatory and security purposes.

You acknowledge and agree that:

The Platform may record device, browser, IP, and behavior data ●

Consent to tracking is a condition of use ●

You are responsible for disclosing tracking activities on any landing page you ● customize or embed from the Platform