Terms of Service

Welcome to ProsperShield ("we," "our," or "us"). By accessing our website at prospershield.io, using our services, or engaging with our energy solutions, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and ProsperShield. We reserve the right to modify these Terms at any time, and your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

By using our services, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement.

ProsperShield provides comprehensive home energy solutions through our SHIELD framework, which includes:

• Solar Installation: Residential and commercial solar panel installation and maintenance
• HVAC Services: Heating, ventilation, and air conditioning system installation, repair, and optimization
• Insulation: Home insulation assessment, installation, and energy efficiency improvements
• Efficiency Upgrades: Smart home technology and energy-efficient appliance upgrades
• Life Essentials: Water filtration, air quality systems, and home safety equipment
• Diagnostics: Comprehensive home energy audits and assessments

All services are subject to availability, geographical coverage (currently 42 states), and technical feasibility. We reserve the right to refuse service if we determine that your property is unsuitable for our solutions or if service cannot be safely or effectively provided.

When using ProsperShield services, you agree to:

• Provide accurate and complete information during consultations, assessments, and installations
• Grant reasonable access to your property for assessments, installations, and maintenance services
• Maintain insurance coverage on your property as required by your jurisdiction
• Comply with all local, state, and federal regulations related to home improvements and energy systems
• Make timely payments according to the agreed payment schedule or financing terms
• Notify us immediately of any safety concerns or equipment malfunctions
• Not interfere with installed systems or attempt unauthorized repairs or modifications
• Respect our employees, contractors, and representatives during all interactions

Failure to meet these obligations may result in service delays, additional charges, warranty voidance, or termination of services.

4.1 Consent to Receive Communications

You expressly consent and agree to receive communications from ProsperShield and our authorized partners, agents, representatives, affiliates, and service providers through the following means:

• Text Messages (SMS/MMS): Including marketing messages, promotional offers, service updates, appointment reminders, payment reminders, transactional notifications, surveys, and other communications related to our services
• Phone Calls: Including live calls from our representatives, pre-recorded messages, artificial or prerecorded voice messages, and calls placed using an automatic telephone dialing system (ATDS)
• Emails: Including marketing emails, newsletters, promotional communications, service updates, appointment confirmations, payment reminders, and transactional messages
• Automated Communications: Messages and calls that may be generated, sent, initiated, or placed using automated technology, including but not limited to autodialers, predictive dialers, and AI-powered systems

4.2 Telephone Consumer Protection Act (TCPA) Acknowledgment

You acknowledge and agree that your consent to receive communications applies even if:

• Your phone number is registered on any state or federal Do Not Call (DNC) registry
• You have previously requested not to receive marketing calls or texts
• Your number is a wireless/mobile number or residential landline
• We use an automatic telephone dialing system (ATDS) or artificial/prerecorded voice messages
• Communications are sent to any number you have provided to us, whether or not you are the subscriber of that number

Important Notice: Consent to receive communications is not a condition of purchasing any goods or services from ProsperShield. You may still purchase our services without providing consent to marketing communications. However, you may still receive transactional and service-related communications necessary to fulfill your service agreement.

4.3 Message and Data Rates

You acknowledge that:

• Standard message and data rates may apply to text messages you receive from us
• Message frequency will vary based on your interactions, preferences, and service activities
• You are responsible for any charges imposed by your wireless carrier
• We are not responsible for any delays in message delivery caused by your carrier

4.4 A2P 10DLC Compliance

Our text messaging services comply with Application-to-Person (A2P) 10-digit long code (10DLC) requirements established by wireless carriers and the Campaign Registry. All text messages are sent through registered, verified, and carrier-approved messaging campaigns. We maintain proper brand registration and campaign verification with wireless carriers to ensure compliant message delivery.

4.5 FCC Compliance

We comply with all Federal Communications Commission (FCC) regulations regarding telecommunications, including but not limited to:

• Truthful caller ID information (no caller ID spoofing)
• Call abandonment rate requirements (less than 3% for predictive dialers)
• Time-of-day restrictions (calls generally between 8 AM and 9 PM local time)
• Required disclosures at the beginning of prerecorded messages
• Opt-out mechanism disclosure and implementation
• Internal Do Not Call list maintenance

4.6 Opt-Out Rights and Procedures

You have the right to revoke your consent and opt-out of communications at any time by using any of the following methods:

• Text Messages: Reply with STOP, END, QUIT, CANCEL, UNSUBSCRIBE, or STOPALL to any text message. You will receive a confirmation message acknowledging your opt-out request.
• Phone Calls: Request to be added to our internal Do Not Call list during any call with our representative, or call us at 877-317-9079 to request removal.
• Emails: Click the "Unsubscribe" link at the bottom of any marketing email, or email us at support@prosper.energy with "UNSUBSCRIBE" in the subject line.
• General Opt-Out: Contact us at support@prosper.energy or call 877-317-9079 to opt-out of all marketing communications.

Please Note: Even if you opt-out of marketing communications, we reserve the right to send you transactional messages related to your service requests, appointments, billing, account information, safety notices, legal notices, and other non-marketing communications necessary to fulfill our service obligations to you.

4.7 Contact Information Updates

You agree to notify us immediately if you change or deactivate any phone number or email address you have provided to us. You agree to indemnify us for any costs or liabilities incurred if you fail to notify us of changes to your contact information and we continue to send messages to your former number or email address.

5.1 AI Communication Systems

You expressly acknowledge and consent to ProsperShield using artificial intelligence (AI) technology to communicate with you through various channels, including but not limited to:

• AI-Generated Text Messages: Automated SMS/MMS messages that may be created, personalized, and sent by AI systems without direct human intervention
• AI-Assisted Phone Calls: Phone calls that may be initiated, conducted, assisted, or fully handled by AI technology, including:
  • Voice AI or conversational AI systems
  • AI-powered interactive voice response (IVR) systems
  • AI that may sound human-like in speech and manner
  • Calls that transition between AI and human agents
• AI-Generated Emails: Email communications that may be drafted, personalized, optimized, or sent using AI technology
• Chatbots and Virtual Assistants: AI-powered chat interfaces on our website, mobile applications, or through messaging platforms that may engage in text-based conversations
• Personalized Content and Recommendations: AI may analyze your information, preferences, property data, and behavior to provide personalized service recommendations, quotes, and communications

5.2 AI in Service Delivery

Beyond communications, AI may be used in various aspects of our service delivery, including:

• Energy Assessments: AI-powered analysis of your property data, energy usage patterns, and satellite imagery to generate preliminary assessments and recommendations
• Quote Generation: AI systems that calculate pricing, analyze financing options, and generate service quotes based on your specific situation
• Scheduling and Routing: AI optimization of appointment scheduling and technician routing for efficiency
• Customer Support: AI-powered support systems that may handle inquiries, troubleshooting, and service requests
• System Monitoring: AI analysis of installed system performance and predictive maintenance alerts

5.3 AI Accuracy and Limitations

You acknowledge and understand that:

• AI systems, while advanced, are not perfect and may occasionally make errors, misunderstandings, or provide inaccurate information
• AI-generated assessments, quotes, and recommendations are preliminary and subject to verification by human professionals
• Final service decisions, contracts, and technical assessments will be reviewed and approved by qualified human professionals
• You should verify important information and ask questions if something seems incorrect or unclear
• AI systems learn and improve over time, but may not always provide optimal responses

5.4 Human Oversight and Escalation

While we use AI extensively, human oversight is maintained throughout our operations:

• You may request to speak with a human representative at any time during AI interactions
• Complex decisions, final contracts, and technical installations are reviewed by qualified human professionals
• Our AI systems are designed to escalate to human agents when appropriate
• Customer complaints and disputes will be handled by human representatives

5.5 AI Data Usage and Privacy

When you interact with our AI systems:

• Your conversations, messages, and interactions may be recorded, analyzed, and used to improve our AI systems
• AI systems may analyze your personal information, property data, and communication history to provide personalized service
• Data collected through AI interactions is subject to our Privacy Policy
• We implement security measures to protect data processed by AI systems

5.6 No AI-Generated Legal Advice

AI-generated communications and recommendations do not constitute legal, financial, or professional advice. You should consult with qualified professionals before making significant decisions regarding home improvements, financing, or energy systems.

5.7 AI Technology Updates

We continuously update and improve our AI systems. These updates may change how AI interacts with you, the accuracy of AI-generated content, and the features available through AI-powered services. We will notify you of material changes to our AI capabilities through updates to these Terms of Service.

6.1 E-SIGN Act Consent

By using our services, you consent to conduct business electronically and agree that electronic signatures, contracts, and records have the same legal effect as their paper equivalents under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and state Uniform Electronic Transactions Acts (UETA).

6.2 Electronic Consent

You agree that:

• Submitting forms on our website constitutes an electronic signature
• Clicking "I Agree," "Accept," "Submit," or similar buttons constitutes acceptance of terms
• Electronic communications between you and ProsperShield are legally binding
• Agreements reached through email, text, or our website are enforceable contracts
• You have the right to request paper copies of electronic agreements

6.3 System Requirements

To access and retain electronic records, you must have:

• A device with internet access (computer, smartphone, or tablet)
• A current web browser capable of displaying HTML
• An active email address
• Sufficient electronic storage space or printer to retain records

6.4 Withdrawal of Consent

You may withdraw your consent to receive electronic records by contacting us in writing. However, withdrawal of consent may prevent us from providing certain services to you. If you withdraw consent, we may provide paper copies for a reasonable fee.

All content on the ProsperShield website, including but not limited to text, graphics, logos, images, videos, software, and design elements, is the property of ProsperShield or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The ProsperShield name, logo, SHIELD framework terminology, and all related marks are trademarks or registered trademarks of ProsperShield. You may not use our trademarks without our prior written consent.

You are granted a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

• Reproduce, distribute, or publicly display our content without permission
• Modify, reverse engineer, or create derivative works from our website or services
• Use automated systems (bots, scrapers) to access our website
• Remove or alter any copyright, trademark, or proprietary notices

Service Warranties: ProsperShield provides specific product and workmanship warranties for installed systems as detailed in your individual service agreement. These warranties are separate from and in addition to any manufacturer warranties on equipment.

Energy Savings Estimates: Energy savings projections are estimates based on historical data, current energy rates, system performance specifications, and your provided usage information. Actual savings may vary based on weather conditions, energy consumption patterns, rate changes, system maintenance, and other factors beyond our control. We do not guarantee specific savings amounts.

Website Disclaimer: Our website and informational content are provided "as is" without warranties of any kind, either express or implied. We do not warrant that:

• Our website will be uninterrupted, secure, or error-free
• Information on the website is complete, accurate, or current
• Defects in the website will be corrected
• The website is free from viruses or harmful components

Third-Party Content: We may provide links to third-party websites or reference third-party products. We do not endorse, warrant, or assume responsibility for any third-party content, products, or services.

Professional Advice: Information on our website is for general informational purposes only and does not constitute professional advice. You should consult with qualified professionals regarding your specific energy needs, tax implications, and legal requirements.

To the maximum extent permitted by law, ProsperShield and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Cost of substitute services or equipment
• Property damage not directly caused by our negligence

Our total liability to you for any claims arising from or related to our services shall not exceed the total amount you paid to ProsperShield for the specific services giving rise to the claim during the twelve (12) months preceding the claim.

This limitation applies regardless of the legal theory on which the claim is based, whether contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless ProsperShield, its affiliates, officers, directors, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your violation of these Terms of Service
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your unauthorized modification or interference with installed systems
• Any false or misleading information you provide to us
• Your negligent or intentional misconduct

Informal Resolution: If you have a concern or dispute with ProsperShield, we encourage you to first contact us directly at support@prosper.energy or 877-317-9079 to attempt to resolve the issue informally. Many disputes can be resolved quickly and amicably through direct communication.

Binding Arbitration: If we cannot resolve a dispute informally within sixty (60) days, you and ProsperShield agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

The arbitration will be conducted by a single arbitrator and will take place in a location reasonably convenient to both parties. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions: Notwithstanding the above, either party may bring a claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles.

Payment terms for ProsperShield services will be specified in your individual service agreement. We offer multiple payment options including:

• Upfront payment with available discounts
• Financing through approved third-party lenders
• Lease or power purchase agreements (PPAs) where available
• Payment plans for qualified customers

All prices are subject to change based on equipment costs, labor rates, and market conditions. Your quoted price will be honored for the validity period specified in your proposal.

Late payments may be subject to interest charges and late fees as permitted by law. Non-payment may result in service suspension, equipment removal, and legal action to collect amounts owed.

You are responsible for all applicable taxes, permits, and fees associated with your installation unless otherwise specified in your service agreement.

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to our collection and use of information as described in our Privacy Policy, including:

• Contact information (name, email, phone number, address)
• Property information and energy usage data
• Financial information for payment processing
• System performance and monitoring data
• Communications between you and ProsperShield

We implement reasonable security measures to protect your information, but no method of transmission or storage is 100% secure. You acknowledge and accept the inherent security risks of providing information online.

Your Right to Cancel: You may have the right to cancel your service agreement within a specified cooling-off period as required by law. Cancellation rights and procedures will be detailed in your service agreement.

Our Right to Terminate: We reserve the right to terminate or suspend services if you:

• Violate these Terms of Service
• Fail to make required payments
• Provide false or misleading information
• Engage in abusive or threatening behavior toward our staff
• Interfere with installed systems in violation of your agreement

Effect of Termination: Upon termination, you remain responsible for all amounts owed up to the termination date. Some services may be subject to early termination fees as specified in your agreement. Equipment ownership and removal procedures will be handled according to your specific service agreement.

ProsperShield reserves the right to modify these Terms of Service at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised Terms on our website
• Notify active customers by email if changes materially affect existing agreements

Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of our services.

Changes to Terms will not apply retroactively to disputes that arose before the changes were made, unless required by law.

Entire Agreement: These Terms, together with your individual service agreement and our Privacy Policy, constitute the entire agreement between you and ProsperShield regarding our services and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing.

Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any affiliate or successor without your consent.

Force Majeure: Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Survival: Provisions of these Terms that by their nature should survive termination (including warranty disclaimers, liability limitations, indemnification, and dispute resolution) shall survive any termination or expiration of these Terms.

If you have questions about these Terms of Service or need to contact us regarding any legal matters, please reach out:

For general customer service inquiries, you may also contact us at cs@prosper.energy.

We strive to respond to all legal inquiries within 3-5 business days.