Effective: October 18, 2026
These Terms of Service (“Terms”) govern your use of the websites, products, and services offered by JadeTrade Marketplace LLC, a Maine limited liability company with its mailing address at 180 Bangor Mall Blvd. #1012, Bangor, ME 04401 (“JadeTrade,” “we,” “us”), including jadetradeapp.com, preview websites we host on your behalf, our checkout and payment links, and our website, automation, and AI-powered services (the “Services”).
By visiting our website, booking a call with us, approving a website we built for you, paying an invoice or payment link, purchasing through self-checkout, hiring us on Upwork, or signing a Master Services Agreement with us, you agree to these Terms. If you are agreeing on behalf of a business, you represent you are authorized to bind that business.
These Terms constitute a binding agreement between you (“Client,” “you”) and JadeTrade. You represent and warrant that you are authorized to act on behalf of any business for which you engage our Services, including authority to approve deliverables, authorize use of the business's name, logos, photographs, and content, and to bind the business to these Terms.
JadeTrade helps local service businesses (for example roofing, HVAC, plumbing, remodeling and custom home builders, med spas, plastic surgery, and dental practices) get more booked jobs from the leads they already have. We offer this as The Booked-Jobs Build, which may include some or all of the following, as set out in your quote:
(A) Websites. A new website for your business, which we build before you pay anything. Websites are static front-end websites (currently built with Next.js and hosted on Vercel). A standard website includes the complete site as you approved it, help connecting your domain, hosting on our Vercel account, and SSL. Hosting is included at no extra charge when your quote says so.
(B) Booked-jobs automations and AI Services (together, “AI Services”). These may include: missed-call text back (a text to a caller whose call you missed); instant replies to web leads; quote follow-up (texts or emails to your customer after a quote, for example on day 2, 5, and 9, which stop when the customer replies); after-hours answering (an AI receptionist that answers calls in your business's name and can book appointments on your calendar); review requests after jobs; done-for-you setup; and related services such as AI telephone receptionists, intake automation, scheduling integrations, and customer follow-up workflows. AI Services may be billed monthly.
Where you and JadeTrade have signed a Master Services Agreement (MSA), the MSA governs the AI Services it covers and these Terms apply in addition to it; if there is a conflict, the MSA controls for those AI Services. Where there is no MSA, these Terms and your quote govern.
Your quote.We do not post prices. Your price is given to you on a call and confirmed in writing (for example by email, text message, or invoice) before you owe anything (your “quote”). If your quote conflicts with these Terms on price, scope, or payment schedule, your quote controls.
A standard website does not include, unless your quote says otherwise: ongoing maintenance, content changes after approval (except the fixes described in Section 6), domain registration, email hosting, e-commerce backend, database services, management of paid advertising, or SEO services beyond basic meta tags.
Any work beyond the agreed scope (for example new pages, new features, or integrations that are not in your quote) is quoted separately before we start. Unless we quote a fixed price, it is billed at our then-current hourly rate, which we confirm to you in writing before any work starts, through a written quote or a written change order to your MSA. Additional work requires your written agreement, and we will not charge you for additional work you have not agreed to.
Websites: nothing is due until you approve. You pay nothing for a website until you have approved the finished work. There is no deposit and no upfront payment.
What counts as approval. You approve a website when you tell us in writing (by email or text message) that it is approved, or when you ask us to put it live on your domain. We will confirm your approval back to you in writing.
When payment is due. The website fee is due when you approve, unless your quote splits it into installments (for example, one part on approval, one part at go-live, and one part thirty (30) days after go-live). By approving, you agree to pay the website fee in your quote, including any remaining installments.
How you pay. Payments are processed through Stripe, Inc., by invoice, payment link, or self-checkout. We do not store credit card information. Payment data is handled by Stripe in accordance with PCI-DSS standards.
Late payment. If a payment is more than fourteen (14) days late, we may pause hosting or take the website offline until it is paid, after giving you notice by email. Ownership of the Custom Deliverables passes to you when the website fee is paid in full (see Section 12).
Monthly services. Monthly services are billed monthly in advance via Stripe at the price in your quote or MSA. The first monthly charge is not due until you have approved the setup (for example, after you have seen it working and asked us to turn it on). A failed recurring charge follows the retry and suspension terms in your MSA or, if there is no MSA, we may pause the service after notice until payment is made.
Upwork engagementsare paid through Upwork's payment system.
Websites: We build your website first and show it to you, through a private preview link (which may be protected by a password or access code) or on a call. After you approve it and pay any amount due on approval, we remove the access protection, send DNS instructions or help you connect your domain, and launch the site. The site goes live on your domain when your DNS is updated.
Monthly and AI Services: We set them up for you and turn them on one piece at a time. To do that we need your reasonable help, for example access to your phone forwarding, calendar, website forms, or business accounts, and timing depends on that access. Where you have signed an MSA, delivery and Go-Live are governed by the Statement of Work attached to it.
Before you approve,we keep making changes to your website until you're happy with it, at no charge. This covers changes within the agreed scope of the website: the pages, sections, and features in your quote or in the preview we showed you, including wording, photos you provide, colors, layout, and contact details.
Changes beyond scope. New pages, new features, or integrations that were not in the agreed scope are quoted separately (see Section 3). You can say no to any extra quote, and saying no does not affect our guarantee for the website in your agreed scope.
We may ask you to send changes together in a list so we can make them in rounds. We may decline a change that would break the law, infringe someone else's rights, or violate our Acceptable Use Policy.
If we don't hear from you about a preview for thirty (30) days, we may take it down. Ask us and we will bring it back.
After approval, we will fix at no charge any errors we introduced (for example a broken link or a typo we made) that you report within thirty (30) days of go-live. Other changes after approval are Additional Work under Section 3, unless your quote or a monthly plan includes them.
Our guarantee, as shown on our website: “You pay nothing until you've approved the finished work. If you don't love it, you don't pay. And we keep making changes until you're happy with it.”
In practice this means: if you don't love the website we built, don't approve it, and you owe nothing. You never pay for a website you have not approved.
Websites after approval: Because you see and approve the finished website before you pay, once you have approved and paid, the website fee is non-refundable. If you experience a technical issue preventing access, contact us and we will resolve it.
Monthly and AI Services: You may cancel at any time (see Section 8). No refunds of partial-month fees. For AI Services under an MSA, you may cancel under the termination terms of your MSA.
Upwork engagements:Governed by Upwork's Terms of Service.
No contract is required for the website. You do not have to sign a long-term agreement, and you approve the finished work before you pay. These Terms of Service still apply to every engagement.
Monthly services have no long-term commitment. You can cancel at any time by emailing max@jadetradeapp.com. Cancellation takes effect at the end of the billing period you have already paid for, and you will not be charged again. If you choose to sign an MSA, its term and termination provisions apply to the services it covers.
While they are shown on our website, we may offer free extras. These currently include a Google Business Profile review (we send you a list of what to fix) and an ad landing check (we look at where your ad clicks land and tell you what to change, whether or not you work with us).
Bonuses are recommendations only. They are free, come with no guarantee of results, and are offered at our discretion while they are shown on our website. We may change or stop offering them at any time. To prepare them we look only at information that is publicly visible unless you choose to give us access. Whether to act on a recommendation is your decision, and you are responsible for changes you make to your own profiles, ads, and accounts.
Our goal is more booked jobs for your business, and our website describes what each service is built to do. We do not promise or guarantee any particular result, including search rankings, map placement, website traffic, number of calls, leads, booked jobs, appointments, reviews, ad performance, or revenue.
Results depend on many things we don't control, such as your market, competition, pricing, reputation, how quickly your team follows up, your ad spend, and changes made by Google, phone carriers, and other platforms. Statements on our website such as “more booked jobs” describe what the Services are designed to do, not a promise of a specific outcome. Any estimate or example we give you is an illustration, not a guarantee.
Testimonials.Testimonials and reviews on our website are real statements from real clients (for example, a 5-star review a client left on Upwork). They reflect that client's own experience. Individual results vary, and a testimonial is not a promise that you will get the same result.
Photos. Photos of people, homes, equipment, and job sites on our website are stock photos from Unsplash, used for illustration. They do not show our clients, their staff, or their work unless they are labeled that way.
Examples.Panels labeled “Example” (such as sample text messages, booking confirmations, and follow-up timelines) are illustrations of how a feature works. The business names, messages, and figures in them are not real client results. Items labeled as a live client site show real websites we built.
Websites.Upon receipt of full payment (including all installments in your quote), we assign to you ownership of the custom code, copy, and design files specifically created for your website (the “Custom Deliverables”), and we grant you a perpetual, worldwide, non-exclusive, royalty-free license to use, display, modify, copy, host, and re-host the Custom Deliverables for your business purposes, including transferring them to a different host or developer. You retain all rights to your business name, logos, photographs, and original content. We retain ownership of, and the right to reuse in future projects, our general design techniques, reusable code patterns, libraries, and template structures that are not unique to your business. Permissively licensed open-source components included in the deliverables remain governed by their original licenses. We may reference completed projects in our portfolio unless you request otherwise in writing.
Previews you do not approve. If you do not approve a preview, you owe nothing and no rights in it pass to you. Your business name, logos, photographs, and original content always remain yours, and we will not use them for anything else.
AI Services. Where an MSA is signed, IP ownership is governed by the MSA. In summary: you own your customer data; we own the Services platform and our setups, scripts, and workflows that are not unique to your business.
Third-party components (open-source libraries, fonts, icon sets, stock photos, AI models) are subject to their respective licenses. All third-party components are permissively licensed for their intended use.
Websites and AI Services are configured using information you provide and, for previews, publicly available business information. We make reasonable efforts to ensure accuracy, but you are responsible for reviewing all content and notifying us of inaccuracies. We are not liable for errors in content sourced from your public-facing materials or in AI-generated outputs.
The Services use artificial intelligence including large language models, speech-to-text, text-to-speech, and voice synthesis. AI outputs may be inaccurate, incomplete, biased, or unexpected. AI Services are not a substitute for professional judgment in any regulated field (medical, legal, financial, insurance, real estate, etc.).
The after-hours receptionist and automated messages speak in your business's name using the instructions, prices, hours, and policies you approve. You are responsible for what you allow them to say or promise (for example prices, availability, or warranties).
You are solely responsible for monitoring and supervising AI outputs reaching your customers, including:
Recording of AI receptionist calls is opt-in by the JadeTrade customer and defaults OFF. When a customer affirmatively elects Recording ON in their Statement of Work or quote, the AI receptionist's opening message includes the disclosure: “Calls are recorded for quality. If you'd prefer not to be recorded, please hang up now and call back during our staffed hours.” When a customer elects Recording OFF, no audio is captured or stored.
You acknowledge that some U.S. states and many foreign jurisdictions require all-party consent for recording, and that the customer operating the AI receptionist is responsible for ensuring any recording disclosure satisfies the law of every jurisdiction the callers may be located in. Where an MSA is signed, see the MSA for full call-recording terms.
We work with med spas, plastic surgery practices, and dental practices. Anything that touches patient health information has to be set up under the right privacy agreements. We do not accept Protected Health Information (“PHI”), as defined by HIPAA, unless a Business Associate Agreement (“BAA”) has been signed between you and JadeTrade and the other conditions in Section 3 of our Acceptable Use Policy are in place.
Until then, you must not send us PHI or set up the Services in a way that sends PHI to us. Some features, such as online booking, appointment reminders, or review requests sent to patients, may involve PHI depending on how they are set up. Before turning them on, we will go through with you whether a BAA is needed. You remain responsible for your own compliance with HIPAA and other health privacy laws.
As part of our business model, we may build a new website for a business before it asks for one, so the owner can see the finished work before paying anything. Previews are concept demonstrations and are hosted on private URLs, protected by a password or access code, that are not indexed by search engines.
To show you a realistic version of your own site, a preview may include your business name, address, phone, hours, services, and text, photos, and logos taken from your own public website. We use that material only to show you, privately, a concept of your own website. We do not publish it, use it for anyone else, or use it in our own marketing without your written permission, and all of it remains yours. If you would like any of it removed from a preview, tell us and we will remove it within forty-eight (48) hours.
Where placeholder imagery or stock content is used, it is clearly stock content and is not represented as yours. If a preview inadvertently includes copyrighted or trademarked material we did not have rights to use, contact max@jadetradeapp.com and we will remove it within forty-eight (48) hours.
Preview websites are not published, advertised, or made publicly accessible. They are shared exclusively with the business owner or an authorized representative via direct communication. No preview is made public without the business owner's explicit consent (shown by approving it in writing, asking us to put it live, or completing checkout).
If you receive a preview and do not want it, no action is required and you owe nothing. If you reply “STOP” or “no,” we take the preview down and add your business to our permanent exclusion list. If you don't reply, we may send a small number of follow-up messages. You may ask us to take a preview down at any time, and we will do so within forty-eight (48) hours.
References to your business name, address, services, and other factual identifiers in our outreach materials and previews are intended as nominative reference (that is, to identify the business we are addressing) and do not assert affiliation, endorsement, or sponsorship. All trademarks, service marks, trade names, and logos remain the exclusive property of their respective owners. JadeTrade does not claim ownership of any client trademarks or intellectual property.
Apart from the private preview use described in Section 17, we do not reproduce your photographs, copyrighted text, or reviews without your authorization. If you believe any content in our outreach or previews infringes your rights, contact max@jadetradeapp.com and we will remove it within forty-eight (48) hours.
To send outreach, build website previews, and configure AI service templates, we collect a limited set of publicly available business information from your website, business listings, and public business directories. The categories collected are described in our Privacy Policy. We do not access password-protected, private, or non-public information. We do not scrape personal social media accounts.
You may request deletion of all collected information about your business at any time by emailing max@jadetradeapp.com. We will delete within thirty (30) days and add your business to our permanent exclusion list.
We send commercial outreach to businesses, using business contact details obtained from public sources, by email and through the contact forms on businesses' own websites. We do not send cold text messages to businesses we have not worked with. All outreach email complies with the CAN-SPAM Act of 2003 and includes:
We follow the same practices in messages sent through website contact forms, as far as the form allows.
Tracking reference.Our outreach messages include a short reference code, and links in them (for example to your preview or to our booking page) may carry your business's website address and that code. This lets us match a reply, preview visit, or booking to the message it came from, so we can respond properly and honor opt-outs. We do not use it for anything else, and we do not sell it.
Opting out.Replying “STOP” or “no” (or otherwise asking us not to contact you) ends our outreach permanently. Opt-out requests are honored within ten (10) business days. Once opted out, your business is added to our permanent exclusion list and we will not contact you again on any channel.
If you send a text message to any JadeTrade phone number, we comply with TCPA opt-out conventions. Replying STOP, UNSUBSCRIBE, or REMOVE will end communications.
For AI-generated voice calls, we treat any inbound caller's verbal opt-out request (“remove me,” “stop calling,” “don't contact me again”) as binding and add the business to our permanent exclusion list.
Outbound SMS sent on behalf of our customers (e.g., missed-call text backs, lead replies, quote follow-ups, review requests, reminders, reactivation messages, inquiry follow-ups) is sent only when our customer attests they hold the legally required consent for each recipient. The consent standard varies by message type: marketing/promotional messages require prior express written consent; informational/transactional messages (appointment reminders, order confirmations) require prior express consent. Both consent types meet TCPA, applicable FCC rules, and applicable state telemarketing laws. Recipients can opt out at any time via STOP/UNSUBSCRIBE/CANCEL/END/QUIT and we suppress further messages within one minute.
No outbound AI voice calls without consent. We do not place outbound AI-generated, prerecorded, or autodialed voice calls to any number unless we (or our customer, on whose behalf the calls are placed) have obtained prior express written consent that meets the requirements of TCPA and applicable FCC rules. The FCC has classified AI-generated voices as artificial or prerecorded under TCPA (effective February 2024). If we add outbound voice capabilities in the future, every campaign will include a clear opt-out mechanism, will scrub against the National Do-Not-Call Registry where applicable, and will honor opt-outs across all channels.
Websites are hosted on Vercel under our account. Hosting is included at no extra charge when your quote says so. If we ever stop offering included hosting, we will give you at least sixty (60) days' notice by email and transfer the site to you or your new host at no charge.
We do not guarantee specific uptime, availability, or performance, and we are not responsible for outages caused by Vercel, your domain registrar, or internet infrastructure. AI Services rely on third-party providers (including OpenAI, LiveKit, Twilio, Cal.com, HighLevel/LeadConnector, and Vapi, where used); their outages are similarly outside our direct control.
Upon request, once the website fee is paid in full, we will transfer the Vercel project to your account or provide source code for independent hosting. We reserve the right to remove a site from our infrastructure if it is not connected to a domain within ninety (90) days of approval.
To the maximum extent permitted by law, JadeTrade shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, business opportunities, or goodwill. For websites, our total liability shall not exceed the amount you paid for the website. For AI Services under an MSA, liability is governed by the cap in the MSA. For monthly services without an MSA, our total liability shall not exceed the fees you paid for those services in the three (3) months before the event giving rise to the claim.
All services and deliverables are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that AI outputs are accurate, complete, or fit for any particular purpose, and we do not warrant any particular business result, ranking, call volume, booking, or revenue.
This disclaimer does not limit our guarantee in Section 7 that you pay nothing for a website until you have approved it.
Your indemnity to us. You agree to defend, indemnify, and hold harmless JadeTrade Marketplace LLC, its members, employees, and contractors from any third-party claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) your use of our Services in violation of these Terms or applicable law; (b) your violation of our Acceptable Use Policy; (c) any content, photographs, scripts, or instructions you provided or modified after delivery; (d) your operation in a regulated vertical without required licensing; or (e) communications the Services sent to your customers based on your configuration or content.
Our indemnity to you.We agree to defend, indemnify, and hold harmless you from any third-party claim arising from: (i) an allegation that the Custom Deliverables we created for you, or the Services as provided by us and used in accordance with these Terms, infringe a third party's intellectual property rights; or (ii) a security breach or data incident caused by our gross negligence or willful misconduct in operating our infrastructure. Our indemnity does not apply to claims arising from your modifications, your content, your operation in a regulated vertical without required licensing, or your use in violation of these Terms.
Procedure.The indemnified party will promptly notify the indemnifying party in writing, allow the indemnifying party to control the defense (with reasonable cooperation), and not settle without the indemnifying party's consent.
Your use of our Services is also governed by our Acceptable Use Policy, which is incorporated by reference. We may suspend or terminate Services for AUP violations.
These Terms are governed by the laws of the State of Maine, without regard to conflict-of-laws principles. Disputes shall be resolved in the state or federal courts located in Maine, and you consent to personal jurisdiction there.
We may update these Terms at any time. Changes are effective immediately upon posting. Material changes affecting AI Service customers will be notified by email at least thirty (30) days in advance. Your continued engagement after the effective date constitutes acceptance. A change to these Terms does not change a quote you have already accepted.
If any provision is held invalid or unenforceable, the remaining provisions continue in full force.
For questions about these Terms:
JadeTrade Marketplace LLC
180 Bangor Mall Blvd. #1012
Bangor, ME 04401
max@jadetradeapp.com