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Terms of Service

Effective May 28, 2026 · Last updated May 28, 2026

These Terms of Service (the “Terms”) govern your access to and use of the websites located at modernclarity.io and site.modernclarity.io (collectively, the “Site”), the on-site chat widget, the Revenue Leak Diagnostic and any other scorecards or surveys we publish, and any other services we make available through the Site (collectively, the “Services”).

These Terms do not govern paid client engagements with Modern Clarity LLC (“Modern Clarity,” “we,” “us,” or “our”). Paid engagements are governed by a separate Master Service Agreement and engagement-specific Exhibit between you and Modern Clarity.

Please read these Terms carefully. By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

These Terms include important provisions including a binding arbitration agreement and class-action waiver in Section 14. Please review them carefully.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to use the Services. By using the Services, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

If you are using the Services on behalf of a business or other entity, you represent and warrant that you have authority to bind that entity to these Terms, and “you” includes both you individually and the entity you represent.

The Services are not directed to children under 13 and we do not knowingly collect information from children under 13. See our Privacy Policy for details.

2. Description of the Services

Modern Clarity is a professional services firm that helps home-services businesses (including HVAC operators) recover and protect revenue through operations consulting, customer-reactivation campaigns, AI-receptionist and missed-call recovery systems, dispatch optimization, job-costing systems, and related work.

Through the Site, we offer:

The Services do not include paid client engagements, which are subject to a separate Master Service Agreement and Exhibit.

We may add, change, suspend, or remove any of the Services at any time without notice. We have no obligation to maintain the Services in their current form.

3. Account, Forms, and Information You Provide

You do not need to create an account to use most of the Services. Where you submit information through any form, scorecard, chat, email, SMS, phone call, booking calendar, or other channel, you agree that:

We may decline to respond to or act on information that we reasonably believe is false, misleading, or submitted in violation of these Terms.

4. Communications and the Diagnostic

4.1 Communications you initiate

When you contact us — by chat, email, phone, SMS, booking a call, or any other channel — you agree that we may respond using the same or any other channel you have provided. Communications related to a service you have requested (such as confirming a booked call) are considered transactional and not marketing.

4.2 Marketing communications

By submitting information through a form on the Site or by booking a call, you may opt in to receive marketing emails from Modern Clarity. You can opt out at any time by clicking the “unsubscribe” link in any marketing email or by contacting us at hello@modernclarity.io.

4.3 SMS / Text messaging

If you provide a mobile phone number and opt in to receive SMS messages from Modern Clarity:

4.4 The Revenue Leak Diagnostic

The Revenue Leak Diagnostic is a free informational tool that produces an indicative score and summary based on answers you provide about your business operations. The Diagnostic:

You are responsible for verifying any information in the Diagnostic before acting on it. Reliance on the Diagnostic is at your own risk.

5. Chat Widget

The chat widget on our Site is provided to make it easy to communicate with Modern Clarity. By using the chat widget:

Messages sent through the chat widget may be answered during normal business hours; we do not guarantee real-time response.

6. Acceptable Use

You agree not to use the Services to:

We may suspend or terminate your access to the Services at any time for any violation of this Section, with or without notice.

7. Intellectual Property

7.1 Our content

The Site, the Services, and all content, text, graphics, logos, images, audio, video, software, scorecard questions and scoring methodology, audit methodology, runbooks, dashboards, and other materials made available through the Services (collectively, “Our Content”) are owned by Modern Clarity or our licensors and are protected by copyright, trademark, trade dress, trade secret, and other intellectual-property and unfair-competition laws.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and view Our Content through the Services for your internal informational use only. This license does not include any right to:

“Modern Clarity,” “Rekindl,” and any other product names, logos, and slogans are trademarks or service marks of Modern Clarity LLC. You may not use them without our prior written consent.

7.2 Your content

Any content you submit through the Site, the chat widget, the Diagnostic, or any other channel (“Your Content”) remains your property. By submitting Your Content, you grant Modern Clarity a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display Your Content as needed to operate the Services, respond to you, and provide any services you have requested.

You represent and warrant that you own or have all necessary rights to Your Content and that Your Content does not violate any law or third-party right.

7.3 Feedback

If you send us feedback, suggestions, or ideas about the Services, you agree that we may use them without restriction or compensation to you.

8. Third-Party Services and Links

The Services include or link to services, websites, and content owned and operated by third parties. We do not control those third parties and are not responsible for their availability, content, products, services, privacy practices, or terms of use. Your interactions with any third party are solely between you and that third party.

Specifically, please be aware that:

Your use of those third-party services is governed by their own terms and privacy policies.

9. No Professional Advice; No Guarantee of Results

The information, content, and tools available through the Services — including the Revenue Leak Diagnostic, articles, and any examples or case statements about revenue figures, savings, or recovery — are provided for general informational and educational purposes only. They are not, and should not be construed as:

You should consult qualified professionals before acting on any information from the Services.

No guarantee of revenue, savings, results, or specific outcomes. Any references on the Site to revenue figures, dollar ranges (such as references to “$150K-$400K” of hidden revenue), recovery percentages, capture rates, booking rates, or similar amounts are illustrative ranges based on patterns we have seen in the home-services industry. They are not a guarantee, projection, or representation about what your business will recover, save, earn, or achieve, and they are not earnings claims under the FTC Business Opportunity Rule or any state equivalent. Your results will depend on factors specific to your business, including but not limited to your customer base, operations, market, staffing, pricing, and the level of work you put in. Some businesses will see no improvement.

Where Modern Clarity provides a paid engagement, specific guarantees are described in the engagement-level agreement between you and Modern Clarity and govern only that engagement. Nothing on the Site creates any guarantee, warranty, or commitment for any paid engagement.

10. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND MODERN CLARITY:

THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, AND MATERIALS AVAILABLE THROUGH THEM, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MODERN CLARITY DOES NOT WARRANT THAT:

YOU USE THE SERVICES AT YOUR OWN RISK.

Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you. In those jurisdictions, any required warranties are limited to the greatest extent permitted by law.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL MODERN CLARITY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF MODERN CLARITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF MODERN CLARITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100.00) OR (ii) THE AMOUNT YOU HAVE PAID TO MODERN CLARITY UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

(c) The limitations in this Section apply regardless of the legal theory of liability (contract, tort, strict liability, or otherwise) and regardless of whether Modern Clarity has been advised of the possibility of such damages.

(d) Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

(e) Nothing in these Terms limits or excludes liability that cannot be lawfully limited or excluded under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Modern Clarity and its officers, directors, members, employees, contractors, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you will cooperate with us in asserting any available defenses.

13. Termination

You may stop using the Services at any time.

We may suspend, restrict, or terminate your access to the Services at any time, with or without notice, for any reason or no reason, including for any actual or suspected violation of these Terms. We have no liability to you for any suspension or termination.

The following Sections survive any termination of these Terms or your access to the Services: 4.3 (regarding SMS opt-in records), 7 (Intellectual Property), 9 (No Professional Advice), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and 17 (Miscellaneous).

14. Dispute Resolution — Arbitration and Class-Action Waiver

Please read this Section carefully. It affects your legal rights and limits how disputes between you and Modern Clarity will be resolved.

14.1 Informal resolution

Before initiating any formal proceeding, you agree to first contact us at hello@modernclarity.io and describe your dispute in writing, including the facts, the resolution you are seeking, and your contact information. We agree to use good-faith efforts to resolve the dispute within 60 days of receiving your notice.

14.2 Binding arbitration

If we cannot resolve the dispute informally within 60 days, you and Modern Clarity agree that any dispute, claim, or controversy arising out of or related to these Terms or the Services (“Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, if AAA is unavailable, under the rules of another national arbitration provider mutually agreed by the parties).

The arbitration will be conducted by a single arbitrator. The seat of arbitration will be Palm Beach County, Florida, and the arbitration will be conducted in English. Either party may participate by telephone or videoconference. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

This arbitration agreement is governed by the Federal Arbitration Act.

14.3 Class-action waiver

You and Modern Clarity agree that any Dispute will be brought only in your or our individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding. If a court determines that this class-action waiver is unenforceable, the entire Section 14.2 (Binding Arbitration) will be unenforceable and any Dispute will be resolved in court under Section 14.5.

14.4 Exceptions

The arbitration agreement does not apply to:

14.5 Court proceedings if arbitration is unenforceable

If for any reason the arbitration agreement in Section 14.2 is found unenforceable, you and Modern Clarity agree that any Dispute will be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you and Modern Clarity consent to personal jurisdiction in those courts.

14.6 Time limit

Any claim arising out of or related to these Terms or the Services must be brought within one (1) year after the cause of action accrues. Otherwise, the claim is permanently barred. Some jurisdictions do not allow shortening the statute of limitations; in those jurisdictions, the statutory period applies.

14.7 Your right to opt out of arbitration

You may opt out of the arbitration agreement in Section 14.2 by sending written notice to hello@modernclarity.io within 30 days after you first accept these Terms. The notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

15. Governing Law

These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Where the Federal Arbitration Act applies to any arbitration under Section 14, the Federal Arbitration Act governs the arbitration process.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. If the changes are material, we will provide additional notice — for example, by email to addresses we have on file or by a prominent notice on the Site — before the changes take effect.

Continued use of the Services after a change becomes effective constitutes your acceptance of the updated Terms.

17. Miscellaneous

17.1 Entire agreement

These Terms (together with the Privacy Policy and any other agreement we may have with you, including a Master Service Agreement for paid engagements) are the entire agreement between you and Modern Clarity regarding the Services and supersede all prior agreements and understandings.

17.2 No waiver

Our failure to enforce any provision of these Terms is not a waiver of that or any other provision.

17.3 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be made enforceable, severed from these Terms. The remaining provisions remain in full force.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction. Any assignment in violation of this Section is void.

17.5 No agency

Nothing in these Terms creates any agency, partnership, joint venture, fiduciary, or employment relationship between you and Modern Clarity.

17.6 Notices

We may send notices to you by email, SMS, or by posting on the Site. You may send notices to us at hello@modernclarity.io or at the address in Section 18.

17.7 Force majeure

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, or third-party service outages.

17.8 Headings

Section headings are for convenience only and do not affect interpretation.

18. Contact Us

If you have any questions about these Terms, contact us:

Modern Clarity LLC
160 W Camino Real
Boca Raton, FL 33432

Email: hello@modernclarity.io
Phone: (561) 245-0482

For SMS opt-out, reply STOP to any SMS message you receive. For SMS help, reply HELP or contact us at the email or phone above.