Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of orchanow.com and all related services provided by OrchaNow, LLC ("OrchaNow," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use our services.

2. Description of Services

OrchaNow operates a home service platform that:

• Connects customers with independent licensed HVAC technicians ("Service Providers")
• Provides AI-powered missed-call response and booking services to HVAC businesses ("Back Office")
• Operates a verified technician network for dispatch

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using OrchaNow, you represent that you meet these requirements.

4. Account Registration

Some features require registration. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Be responsible for all activity under your account

5. Customer Terms

5.1 Service Requests

When you request HVAC service through OrchaNow, you authorize us to dispatch an independent technician to provide service at the location and time agreed upon.

5.2 Service Fees

• Service Call Fee: A diagnostic/service call fee of $89 (standard) or $119 (emergency) is charged for the technician to arrive at your location.
• Repair/Installation Costs: Quoted separately before work begins. You must approve charges before work is performed.
• Payment: Payment is collected through the technician at the time of service or through Stripe.

5.3 Cancellation

You may cancel a scheduled service request up to 2 hours before the scheduled arrival window at no charge. Cancellations within 2 hours may incur a $25 cancellation fee.

5.4 Customer Conduct

You agree to:

• Treat Service Providers with respect
• Provide accurate information about your service needs
• Ensure safe access to the work area
• Not contract directly with Service Providers outside the OrchaNow platform within 12 months

6. Service Provider Terms (Technicians)

If you join as a Service Provider, additional terms apply per the OrchaNow Independent Contractor Agreement, which governs your relationship as an independent contractor.

7. B2B Back Office Terms

If you subscribe to OrchaNow Back Office services as an HVAC business owner, additional terms apply per the OrchaNow Back Office Service Agreement signed at onboarding.

8. Payment Terms

8.1 Payment Methods

We accept payment via Stripe (credit card, debit card, ACH). All payments are processed securely. You authorize OrchaNow to charge your selected payment method.

8.2 Subscription Billing (Back Office)

Monthly subscriptions auto-renew unless cancelled with 7 days' notice. Annual subscriptions auto-renew unless cancelled at the end of the term. Refunds follow the 30-day money-back guarantee outlined in the Back Office Service Agreement.

8.3 Chargebacks

If you dispute a charge without first contacting OrchaNow to resolve the issue, we may suspend or terminate your account. We encourage you to email billing@orchanow.com for any billing concerns.

9. Service Provider Independence

Service Providers are independent contractors and not employees, agents, or partners of OrchaNow. OrchaNow does not:

• Set Service Provider work hours or schedules
• Provide tools, equipment, or transportation
• Supervise actual service work
• Guarantee Service Provider performance beyond verification of licensure and insurance

Service Providers maintain their own insurance, licensure, and business operations. OrchaNow provides a platform connecting them with customers.

10. Quality Standards and Disputes

10.1 Quality Standards

OrchaNow verifies Service Provider licensure, insurance, and certifications before adding them to our network. We monitor ratings, response times, and complaints.

10.2 Dispute Resolution

If you have an issue with service provided:

• Contact the Service Provider directly first
• If unresolved within 48 hours, contact OrchaNow at support@orchanow.com
• OrchaNow will attempt to mediate but is not financially responsible for Service Provider work

10.3 Refunds for Service Issues

The $89/$119 service call fee is non-refundable once the technician has arrived. Repair work disputes are between you and the Service Provider, though OrchaNow may facilitate resolution.

11. Prohibited Conduct

You may not:

• Use OrchaNow for illegal purposes
• Attempt to circumvent the platform to avoid fees
• Harass, abuse, or threaten Service Providers or OrchaNow staff
• Provide false information
• Scrape, hack, or interfere with platform operations
• Use the platform to compete with OrchaNow
• Resell or share account access

12. Intellectual Property

OrchaNow, the OrchaNow logo, and all platform content are the property of OrchaNow, LLC. You may not use our intellectual property without written permission. User-submitted reviews and feedback may be used by OrchaNow for marketing.

13. SMS/Text Message Terms

By providing your phone number, you consent to receive SMS messages from OrchaNow related to service requests, appointments, and platform updates. Standard message and data rates apply. Reply STOP to opt out. Reply HELP for support.

14. Disclaimers

To the maximum extent permitted by law, OrchaNow disclaims all warranties including merchantability, fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

To the maximum extent permitted by law, OrchaNow's total liability for any claims arising from your use of the platform is limited to the amount you paid to OrchaNow in the 12 months preceding the claim, or $500, whichever is greater.

OrchaNow is not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost data, or damage to property arising from Service Provider work.

16. Indemnification

You agree to indemnify and hold harmless OrchaNow, its officers, employees, and partners from any claims, damages, or expenses arising from your violation of these Terms or misuse of the platform.

17. Termination

We may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any reason at our discretion. Upon termination:

• Your right to use the platform ends immediately
• Outstanding payment obligations remain
• Sections that should reasonably survive termination remain in effect

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Any disputes will be resolved in the state or federal courts located in Philadelphia County, Pennsylvania.

19. Dispute Resolution and Arbitration

For any dispute arising under these Terms:

• First, attempt good-faith resolution by contacting legal@orchanow.com
• If unresolved within 30 days, disputes may proceed to binding arbitration in Philadelphia, PA
• You waive any right to a jury trial or class action lawsuit

20. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or website notice at least 30 days before taking effect. Continued use of the platform after changes constitutes acceptance.

21. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

22. Entire Agreement

These Terms, along with the Privacy Policy and any signed agreements (Back Office, Independent Contractor), constitute the entire agreement between you and OrchaNow.

23. Contact Us

For questions about these Terms:

OrchaNow, LLC
Legal Department
121 S Broad Street, 15th Floor, Suite 1125
Philadelphia, PA 19107

Email: legal@orchanow.com
General: hello@orchanow.com
Phone: (267) 459-HVAC