Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Beyond the Firewall LLC, a New Hampshire limited liability company (“Encendr,” “we,” “us,” or “our”), and the business or organization that accesses or uses Encendr (“Customer,” “you,” or “your”). By creating an account, purchasing a subscription, or using the service, you agree to these Terms on behalf of the Customer.

If you accept these Terms for a business or other organization, you represent that you have authority to bind it. If you do not agree to these Terms, do not use Encendr.

Encendr is a business-to-business software service for home-service businesses. You must be at least 18 years old and legally able to enter into this agreement. The service is not offered for personal, family, or household use.

Encendr helps businesses identify and prioritize eligible recovery opportunities, communicate by email regarding their own unresolved estimates and customer relationships, understand replies, determine appropriate next actions, continue recovery when authorized, and involve the business when human judgment or authority is required. Encendr is not a CRM, lead-generation service, payment processor, legal service, or guarantee of recovered revenue.

You must provide accurate account and business information, keep it current, safeguard account credentials, and limit access to authorized personnel. You are responsible for activity under your account and for promptly notifying us at support@sparkmorejobs.com if you suspect unauthorized access or misuse.

You are responsible for configuring the service, reviewing information presented in your workspace, and ensuring that your users act consistently with these Terms and applicable law.

“Customer Data” means information you or your authorized users provide to Encendr or cause Encendr to receive for your account, including business information, estimate and recovery information, homeowner or customer contact information, and recovery communications and replies. As between you and Encendr, you retain ownership of Customer Data.

You grant Encendr a limited, non-exclusive right to host, copy, transmit, structure, analyze, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, administer, and improve the service, comply with law, and enforce these Terms. This license ends when the information is deleted from our systems, subject to backups and information we may retain for lawful or legitimate purposes described in the Privacy Policy.

You represent that you have all rights, permissions, lawful bases, and consents needed to provide Customer Data to Encendr and authorize us to process it and send authorized recovery emails on your behalf. You remain responsible for determining whether each person may lawfully be contacted.

Encendr acts as software and service infrastructure used by you to communicate about your own estimates and customer relationships. Current recovery communications are sent by email through a sending identity associated with your business. You authorize Encendr to send those emails only in accordance with your approved recovery authority, service settings, and applicable product safeguards.

You are responsible for complying with applicable privacy, marketing, consumer-protection, email, telemarketing, and similar laws; maintaining a lawful basis and any required consent for contact; and honoring customer requests and commitments that require your authority. You are also responsible for the accuracy of estimates, pricing, services, scope, availability, financing information, promises, and other business information supplied to or used with Encendr.

Encendr provides opt-out, suppression, exclusion, hold, approval, and other safety controls. These controls assist operation of the service but do not transfer your legal responsibilities to Encendr or guarantee that your use complies with every law that may apply to you.

Encendr uses automated systems and AI-assisted processing to analyze estimate and recovery information, prioritize opportunities, determine recovery strategy, prepare communications, interpret replies, identify intent, objections, timing, or requests, determine next actions within product guardrails, and identify when business involvement is required.

Automated outputs may be incomplete or incorrect and should not be treated as professional advice or as a substitute for your judgment. You remain responsible for decisions requiring your authority, including pricing, discounts, financing terms, scope changes, scheduling commitments, contractual commitments, and similar matters.

You may use Encendr only for your lawful internal business purposes and in accordance with these Terms. You may not use the service to send unlawful, deceptive, harassing, abusive, discriminatory, fraudulent, or unsolicited communications; contact purchased or unrelated lists; impersonate another person or business; violate another person’s privacy or intellectual-property rights; introduce malicious code; interfere with or probe the service; bypass access, capacity, approval, suppression, or safety controls; reverse engineer the service except where that restriction is prohibited by law; resell the service without written permission; or use the service to build a competing product.

You may not upload sensitive information that is unnecessary for estimate recovery, including full payment-card numbers, government identification numbers, account passwords, or protected health information. We may investigate suspected misuse and take proportionate action to protect customers, recipients, the service, and third parties.

Encendr offers monthly recurring subscriptions. Basic costs $99 per month and includes up to 100 active recovery opportunities per applicable recovery period. Pro costs $299 per month and includes up to 400 active recovery opportunities per applicable recovery period. An active recovery opportunity is an estimate Encendr is actively working through an approved recovery plan; merely uploading, storing, or analyzing an estimate does not automatically make it active.

By selecting a plan, you authorize Stripe, our payment processor, to charge the payment method you provide for the subscription price and applicable taxes on a recurring monthly basis until cancellation takes effect. Basic and Pro do not include a performance fee. Capacity limits apply to the selected plan; opportunities above the limit may remain stored or deferred rather than becoming active.

You may change plans through available account controls. An upgrade or downgrade may take effect and be prorated as disclosed during the change process. A lower-capacity plan does not require Encendr to delete existing records, but opportunities above the new capacity may be deferred or otherwise unavailable for active recovery.

You may cancel through available account controls. When cancellation is scheduled for the end of the current paid billing period, access continues through that period unless the account is suspended or terminated for another reason. The subscription will not renew after cancellation becomes effective.

If a payment fails or a subscription becomes past due, inactive, expired, or canceled, we may retry collection, restrict new recovery execution, suspend access to paid features, or terminate the subscription as appropriate. Historical information may remain available or be retained as described in the Privacy Policy, and opt-outs and suppressions continue to be honored.

Except where applicable law requires otherwise, subscription fees already paid are non-refundable and we do not provide credits for partial billing periods, unused capacity, or unsuccessful recovery outcomes. This provision does not limit any non-waivable rights or remedies available under applicable law.

Fees exclude sales, use, value-added, and similar taxes unless stated otherwise. You are responsible for taxes associated with your purchase other than taxes based on Encendr’s net income. Stripe may calculate and collect applicable taxes based on the information provided during billing.

Encendr and its licensors own the service, software, workflows, designs, documentation, models, and related intellectual property, excluding Customer Data. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the service during your subscription for your internal business purposes.

If you voluntarily provide feedback, you permit us to use it without restriction or compensation, provided we do not identify you publicly without permission or use your confidential Customer Data for unrelated purposes.

Encendr relies on third-party services, including Stripe for subscription billing, Resend for email delivery and receipt, and API-based model infrastructure for applicable AI-assisted functions. Your use of third-party services may also be subject to their terms. We are not responsible for third-party services outside our reasonable control, but we remain responsible for our obligations under these Terms regarding our use of service providers.

We may maintain, update, or modify Encendr to improve reliability, safety, or functionality and may discontinue features when reasonably necessary. We will use commercially reasonable efforts to avoid material disruption and to give reasonable notice of material adverse changes when practicable. The service may occasionally be unavailable because of maintenance, outages, third-party failures, security events, or circumstances beyond our reasonable control.

We may suspend or limit access when reasonably necessary to address failed payment, unlawful or abusive use, a material breach of these Terms, a security risk, harm to recipients or third parties, or legal requirements. When practicable, we will provide notice and an opportunity to cure. We may terminate an account for an uncured material breach or where continued service would be unlawful or create material risk.

You may stop using the service and cancel your subscription at any time. On termination, your right to use the service ends, but provisions that by their nature should survive will remain in effect, including payment obligations accrued before termination, ownership, disclaimers, liability limits, indemnification, dispute terms, and lawful retention obligations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENCENDR IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR EVERY CUSTOMER OR JURISDICTION.

Encendr does not guarantee that a homeowner or customer will respond, that an estimate will convert, any amount of recovered revenue, or any return on investment. Audit findings, prioritization, predictions, and automated outputs are informational tools, not promises of future performance.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO ENCENDR DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply to payment obligations, a party’s fraud or willful misconduct, Customer’s indemnification obligations, or liability that cannot lawfully be limited or excluded.

You will defend and indemnify Encendr and its personnel from third-party claims, damages, and reasonable costs arising from your unlawful use of the service, Customer Data you were not authorized to provide, recovery communications sent without a lawful basis or required consent, or your material breach of Sections 4, 5, or 7. Encendr will promptly notify you of a claim, permit you to control its defense and settlement, and reasonably cooperate at your expense. You may not settle a claim in a way that admits fault by or imposes obligations on Encendr without our written consent, which will not be unreasonably withheld.

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict-of-law rules, except where applicable law requires otherwise. Before filing a formal claim, each party agrees to give the other written notice and make a good-faith effort for at least 30 days to resolve the dispute informally. If the dispute is not resolved, either party may bring it in a state or federal court located in New Hampshire with lawful jurisdiction over the parties and dispute. Nothing in this section prevents either party from seeking urgent injunctive relief or using a small-claims procedure where eligible.

We may update these Terms to reflect changes in the service, law, or business practices. We will post the revised Terms with a new effective date and provide reasonable notice of material changes when appropriate. Changes apply prospectively. Continuing to use Encendr after revised Terms take effect means you accept them; if you do not agree, you must stop using the service and cancel your subscription.

These Terms and any terms presented during purchase are the entire agreement regarding the service and supersede prior discussions about it. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. A waiver must be in writing and does not waive future enforcement. You may not assign these Terms without our consent, except in connection with a merger or sale of substantially all relevant assets; we may assign them in connection with a corporate transaction or by operation of law. Neither party is liable for delay caused by events beyond its reasonable control.

Encendr is operated by Beyond the Firewall LLC, a New Hampshire limited liability company. Questions or notices about these Terms may be sent to support@sparkmorejobs.com or by phone at (603) 420-0744.