Legal
Terms of use
Effective date: [EFFECTIVE DATE] · Last updated: [LAST UPDATED DATE]
Draft, pending legal review. This summarizes how the Warrantiva program works today. Bracketed items and the final wording will be completed by counsel.
1. Agreement to these terms
These Terms of Use (“Terms”) govern your access to and use of the Warrantiva warranty management platform, our websites, and related services (collectively, the “Services”), provided by [COMPANY LEGAL NAME] (“Warrantiva,” “we,” “us,” or “our”). By creating an account, submitting an application, or otherwise using the Services, you agree to these Terms. If you use the Services on behalf of a company, you agree to them on that company’s behalf and confirm you have authority to do so.
2. Who may use the Services
The Services are intended for business use by:
- HVAC dealers and their teams, who register equipment, sell labor warranties, file claims and manage their warranty fund;
- Manufacturers and distributors, who take part in the program under a data sharing agreement;
- Homeowners, who may check coverage on equipment installed at their property.
You must be at least 18 years old and able to form a binding contract to use the Services.
3. Accounts & security
- Keep your login details confidential and don’t share accounts. Each person needs their own login.
- A dealer’s Admins decide who is on their team and what each person can do, and are responsible for their team’s use of the Services.
- Warrantiva staff accounts require 2-step verification.
- Tell us right away at [SUPPORT EMAIL] if you believe your account has been used without your permission.
4. Information you submit
You are responsible for the accuracy of what you submit, including applications, equipment registrations, installation details, claims, invoices and photos. Warrantiva relies on this information to provide coverage and pay claims, and may audit, hold or decline submissions that are incomplete or inaccurate.
You give Warrantiva a non-exclusive license to use the information you submit to operate the program, including sharing it as described in the program agreements and our Privacy policy.
5. Acceptable use
You agree not to:
- Submit false, misleading or duplicate registrations or claims;
- Access accounts, data or parts of the Services you aren’t authorized to use;
- Interfere with the security or operation of the Services, or attempt to reverse engineer them;
- Use automated means to access the Services except as we allow;
- Use the Services in violation of any law or regulation.
6. Program agreements
Participation in the program is also governed by a separate agreement: the Dealer Agreement for dealers, and the Data sharing agreement for manufacturers and distributors. If one of those agreements conflicts with these Terms, the agreement controls.
7. Fees
Fees for dealers are set out in the Dealer Agreement and the pricing in effect when a warranty is registered. Manufacturers and distributors pay no fees. Homeowners are never charged for checking coverage.
8. Intellectual property
The Services, including their software, design, text and trademarks, belong to Warrantiva or its licensors. Except for the limited right to use the Services under these Terms, no rights are granted to you.
9. Third-party services
The Services rely on third parties such as hosting, email and payment providers, and banks that process ACH transfers. Their services are governed by their own terms, and Warrantiva is not responsible for their acts or omissions.
10. Disclaimers
The Services are provided “as is” and “as available.” To the fullest extent permitted by law, Warrantiva disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. Labor coverage is provided only as described in the applicable program agreement and warranty certificate.
11. Limitation of liability
To the fullest extent permitted by law, Warrantiva will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or revenues. Warrantiva’s total liability arising from the Services will not exceed [LIABILITY CAP].
12. Suspension & termination
We may suspend or end your access to the Services if you breach these Terms or a program agreement, or if required by law. Ending access does not cancel obligations that already exist, such as coverage on registered warranties, claims in progress, or amounts owed.
13. Governing law
These Terms are governed by the laws of [STATE], without regard to its conflict-of-law rules. Disputes will be resolved in the state or federal courts located in [COUNTY, STATE], unless the applicable program agreement says otherwise.
14. Changes to these terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, where appropriate, notify you through the Services or by email. Your continued use of the Services after an update means you accept the revised Terms.
15. Contact us
Questions about these Terms? Contact us:
[COMPANY LEGAL NAME][STREET ADDRESS]
[CITY, STATE ZIP]
Email: [SUPPORT EMAIL]
Phone: [PHONE NUMBER]