This Contractor Marketplace Agreement (“Agreement”) applies to each contractor, prefab builder, architect, design professional, or other business (“Partner”) that applies for, accesses, or uses the ADUBuilderConnect marketplace. By submitting an application, activating an account, purchasing a lead, or using Partner features, Partner agrees to this Agreement.
1. Eligibility and approval
Marketplace access is invitation- or approval-based. We may request identity, license, registration, insurance, ownership, disciplinary, portfolio, or other records. Approval is discretionary and may be denied, conditioned, suspended, or revoked where reasonably necessary for quality, capacity, fraud prevention, legal compliance, reputation protection, or risk management.
2. Contractor representations
Partner represents and warrants that: (a) all profile and application information is accurate and current; (b) Partner holds every license, registration, bond, insurance policy, permit, and professional qualification required for the services it offers; (c) Partner will perform services professionally and lawfully; (d) Partner is authorized to enter this Agreement; and (e) Partner will immediately notify us of material credential changes, claims, suspensions, lapses, insolvency, or government action that could affect eligibility.
3. Insurance and licensing
Partner must maintain commercially reasonable insurance and all legally required coverage. If we display a verification badge, Partner authorizes us to verify records with issuing authorities or third-party databases. Verification is not continuous and does not shift any compliance responsibility to us.
4. Independent business
Partner is an independent business and not our employee, agent, franchisee, partner, joint venturer, subcontractor, or representative. Partner controls its personnel, work methods, estimates, contracts, pricing, taxes, safety, permits, and customer relationships. Partner may not imply that ADUBuilderConnect guarantees, endorses, supervises, or warranties its work.
5. Lead marketplace
A lead is an opportunity, not a customer, appointment, signed contract, or guaranteed project. Lead previews may contain ZIP, project type, budget range, timeline, category, and other non-contact information. Direct homeowner contact information is restricted to authorized access after purchase or other approved release.
6. Permitted use of homeowner data
Partner may use homeowner information solely to evaluate, respond to, communicate about, and potentially contract for the specific project opportunity for which access was granted, and for directly related recordkeeping and legal obligations. Partner may not resell, license, syndicate, enrich for unrelated marketing, append to unrelated lists, publish, scrape, share with unrelated third parties, or use homeowner information for unrelated solicitations.
7. Communications compliance
Partner is solely responsible for its calls, texts, emails, prerecorded messages, autodialing, artificial voice, marketing, do-not-call procedures, suppression lists, calling hours, disclosures, and opt-out handling. Platform evidence that a homeowner submitted a request does not relieve Partner from determining whether the specific technology and message Partner uses requires additional consent. Partner must honor opt-out and do-not-contact requests promptly and must not contact a homeowner about unrelated offers.
8. Consumer protection and fair dealing
Partner must not mislead, pressure, deceive, discriminate, harass, conceal material terms, fabricate urgency, misrepresent government affiliation, misstate permits or incentives, or make unsubstantiated savings or return claims. Estimates must clearly distinguish allowances, exclusions, assumptions, change-order risks, financing, permit costs, taxes, utility work, site work, and other material limitations where relevant.
9. Service area and capacity
Partner must keep ZIP coverage, specialties, notification preferences, and accepting-leads status accurate. Repeated purchase of leads outside genuine capacity, abusive cherry-picking, or misleading coverage settings may result in routing adjustments or suspension.
10. Featured subscriptions
Featured subscriptions are optional visibility products. They may increase eligible placement or routing priority but do not guarantee first position, territory exclusivity, lead volume, project quality, awards, revenue, or return on subscription cost. A verification badge, if available, requires separate credential review and may be removed independently of subscription status.
11. Fees, payment, taxes, and renewal
Lead fees and subscription prices are shown before checkout. Partner authorizes Stripe and our payment providers to process charges, renewals, taxes, credits, and refunds in accordance with the checkout terms. Subscriptions renew automatically until cancelled before the next renewal date, subject to applicable law. Partner is responsible for taxes arising from its purchases or business except taxes imposed on our net income.
12. Lead credits and refunds
Lead purchases are generally final after contact information is unlocked, except for the limited invalid-lead credit process described in the Lead Purchase Terms or as required by law. Subscription fees are generally non-refundable for a started billing period unless required by law or expressly stated otherwise.
13. Security obligations
Partner must protect account credentials, use unique access for authorized personnel, promptly remove former employees, use multi-factor authentication where available, maintain reasonable endpoint and email security, and notify security@adubuilderconnect.com promptly of suspected unauthorized access or homeowner-data exposure.
14. Confidentiality
Nonpublic marketplace information, lead data, security information, pricing logic, and proprietary business information disclosed to Partner are confidential. Partner may use confidential information only for marketplace participation and must protect it using at least reasonable care.
15. Data incident cooperation
If Partner discovers unauthorized access, loss, disclosure, or misuse of homeowner information obtained through the Service, Partner must promptly stop further exposure, preserve evidence, notify us, cooperate with investigation and required notices, and take reasonable remediation. Partner is responsible for costs and liabilities caused by its own breach, negligence, unlawful conduct, or failure to comply with this Agreement, subject to applicable law.
16. Reviews, ratings, and profiles
We may display factual business information, customer feedback, ratings, response metrics, verification status, or marketplace activity. We may moderate or remove content under published standards. Partner may not manipulate reviews, submit fake reviews, retaliate against reviewers, or condition service on positive feedback.
17. Suspension and termination
We may suspend or terminate Partner for nonpayment, chargebacks, security risk, suspected fraud, credential lapse, unlawful communications, repeated complaints, misuse of lead data, misrepresentation, abusive conduct, or material breach. Where feasible, we may provide an opportunity to cure, but immediate suspension may be used to protect consumers or the Service.
18. Records and audit
Partner must maintain records reasonably sufficient to demonstrate compliance with licensing, insurance, consumer-contact, opt-out, billing, and data-use obligations. On reasonable notice, we may request documents necessary to investigate a complaint, verify credentials, or satisfy legal obligations.
19. Indemnification
To the maximum extent permitted by law, Partner will defend, indemnify, and hold harmless ADUBuilderConnect, ADUQuoteDirect, and their owners, affiliates, personnel, and service providers from third-party claims, losses, penalties, damages, costs, and reasonable attorneys’ fees arising from Partner’s services; construction work; contracts; personnel; licensing or insurance failures; unlawful communications; privacy or security violations; misuse of lead data; taxes; infringement; or breach of this Agreement, except to the extent caused by our gross negligence or willful misconduct where such exclusion is required by law.
20. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, PROJECT AWARDS, OR ANTICIPATED SAVINGS. OUR AGGREGATE LIABILITY ARISING FROM PAID MARKETPLACE SERVICES DURING ANY 12-MONTH PERIOD WILL NOT EXCEED THE FEES ACTUALLY PAID BY PARTNER TO US DURING THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EXCEPT WHERE A DIFFERENT LIMIT IS REQUIRED BY LAW.
21. Disclaimer
WE DO NOT WARRANT LEAD ACCURACY, HOMEOWNER INTENT, CONTACTABILITY, BUDGET, FINANCING, PROPERTY OWNERSHIP, PROJECT FEASIBILITY, PERMIT ELIGIBILITY, COMPETITOR ACTIVITY, CONVERSION, OR PROJECT VALUE. PARTNER MUST PERFORM ITS OWN DUE DILIGENCE.
22. Disputes
Partner and we will first attempt in good faith to resolve disputes informally for 30 days. To the extent permitted by law, unresolved disputes will be resolved by confidential binding individual arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules, except eligible small-claims matters and requests for injunctive relief concerning intellectual property, confidential information, security, or unauthorized system access. Class, collective, and representative proceedings are waived to the extent enforceable.
23. Assignment, survival, and severability
Partner may not assign this Agreement without written consent. We may assign it in connection with a financing, merger, reorganization, sale, or transfer of the platform. Provisions that by nature should survive termination—including payment, confidentiality, data restrictions, indemnity, disclaimers, dispute terms, and liability limits—survive. Invalid provisions will be narrowed or severed while the remainder continues.
24. Changes
We may update this Agreement prospectively. Material changes to paid terms will be communicated as required by law. Continued use after the effective date constitutes acceptance where legally permitted.
25. Contact
Legal: legal@adubuilderconnect.com. Security: security@adubuilderconnect.com. Partnerships: partners@adubuilderconnect.com.