Terms of Service

Last updated: June 1, 2026

1. Acceptance of Terms

By registering for, accessing, or using the HomeProMatcher advertising platform (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity, and "you" refers to that entity. These Terms constitute a legally binding agreement between you and Marketcall Inc. ("HomeProMatcher," "we," "our," or "us").

If you do not agree to these Terms, you must not access or use the Platform.

2. Eligibility

The Platform is intended exclusively for use by businesses and business professionals. You must:

• Be a legal business entity or a professional acting on behalf of one;
• Be at least 18 years of age;
• Have the legal authority to enter into binding contracts;
• Operate in a vertical supported by the Platform (e.g., insurance, home services, financial services);
• Receive and maintain active approval from HomeProMatcher as described in Section 4.

The Platform is not available to consumers, individuals acting in a personal capacity, or any party that has been previously suspended or terminated by HomeProMatcher.

3. Description of the Platform

HomeProMatcher operates a pay-per-call and pay-per-lead advertising marketplace — a supply-side platform ("SSP") — that connects advertisers (businesses seeking qualified calls and leads) with a network of publishers and traffic sources. Advertisers set targeting parameters, bid prices, and budget controls, and are charged from a prepaid account balance only when a qualified call or lead matching their criteria is delivered.

HomeProMatcher does not guarantee call or lead volume, conversion rates, or business outcomes. The Platform is a delivery mechanism; the quality or suitability of any individual call or lead is subject to the qualification criteria and dispute process described herein.

4. Account Registration and Approval

To use the Platform, you must complete the registration process and submit your account for review. Account activation is subject to approval by HomeProMatcher at our sole discretion. We may request additional documentation or information before approving your account. Approval is not guaranteed.

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately if you suspect unauthorized access to your account.

HomeProMatcher reserves the right to decline, suspend, or revoke account approval at any time.

5. Prepaid Funds, Billing, and Payments

The Platform operates on a prepaid wallet model. You must add funds to your account balance before your campaigns can go live. Charges are deducted from your balance only when a qualified call or lead is delivered to you in accordance with your active campaign settings.

Marketcall Inc. is the merchant of record for all transactions. Payments are processed securely by our PCI-DSS-compliant third-party payment processor. When you add funds to your account, your payment is processed and you will receive a receipt for the transaction.

There are no setup fees, subscription fees, or monthly minimums. You pay only for qualified calls and leads delivered.

For information about refunds of unused prepaid balance, please see our Refund Policy. Refunds are subject to the terms described therein and returned to your original payment method.

6. Campaign Configuration

As an advertiser, you control your campaign settings, including:

• Bid price: the amount you are willing to pay per qualified call or lead;
• Targeting: geographic (state, zip code) and vertical/category targeting;
• Daily and monthly budgets;
• Hours of operation: the hours during which you accept calls or leads;
• Concurrency: the maximum number of simultaneous calls you can handle.

You are solely responsible for the accuracy and completeness of your campaign settings. HomeProMatcher is not liable for calls or leads delivered outside your intended parameters due to misconfiguration by you.

7. Advertiser Obligations and Acceptable Use

By using the Platform, you agree that you will:

• Comply with all applicable federal, state, and local laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the FTC's Telemarketing Sales Rule (TSR), the CAN-SPAM Act, applicable state telemarketing laws, and all industry-specific regulations governing your vertical (e.g., insurance licensing requirements, financial services regulations);
• Maintain all licenses, permits, and registrations required to operate your business and accept leads or calls in your targeted jurisdictions;
• Handle all consumer data received through the Platform in compliance with applicable privacy law, including TCPA consent chain requirements;
• Not engage in any fraudulent activity, including but not limited to bid manipulation, call spoofing, or submission of false dispute claims;
• Not use the Platform to deliver, solicit, or facilitate illegal products or services;
• Not attempt to circumvent, reverse-engineer, or interfere with the Platform's operations, routing logic, or security measures.

You are solely responsible for your legal compliance in connection with any call or lead received. HomeProMatcher does not provide legal advice. If you are unsure of your compliance obligations, consult qualified legal counsel.

8. Call Recording and Lead Handling

All calls delivered through the Platform may be recorded for quality assurance, compliance monitoring, and dispute resolution purposes. By using the Platform to receive calls, you acknowledge and consent to the recording of calls delivered to you. You are responsible for ensuring that your own handling of calls complies with applicable call-recording notification laws in the jurisdictions where you operate.

Call recordings and transcripts may be reviewed by HomeProMatcher staff in connection with dispute resolution or compliance investigations. Recordings are processed through Twilio (telephony) and may be transcribed using AssemblyAI. Please review our Privacy Policy for details on how recording data is handled.

Consumer lead data (including caller phone number, state, zip code, and vertical/category) is transmitted to you solely for the purpose of responding to the consumer's inquiry. You may not sell, rent, or share such data with third parties except as required to service the consumer's request and as permitted by applicable law.

9. Qualification Criteria and Dispute Resolution

A call or lead is "qualified" based on criteria established in your campaign settings and HomeProMatcher's platform rules (minimum call duration, geographic match, vertical match, concurrency, and hours of operation, among others). You are charged only for calls or leads that meet qualification criteria at the time of delivery.

Dispute Window: If you believe a billed call or lead did not meet qualification criteria, you must submit a dispute within three (3) business days of the charge. Disputes submitted after this window will not be considered. To submit a dispute, use the dispute tool within your account dashboard or contact us.

HomeProMatcher will review disputes using call recordings, transcripts, and platform logs. Our determination is final. If a dispute is upheld, a credit will be applied to your account balance. Cash refunds for disputed calls are subject to our Refund Policy.

10. Intellectual Property

The Platform, including its software, design, trademarks, logos, and content created by HomeProMatcher, is owned by Marketcall Inc. and protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Platform beyond the limited license to use it as an advertiser in accordance with these Terms.

You retain ownership of any creative materials, brand assets, or content you upload to the Platform. By uploading such content, you grant HomeProMatcher a non-exclusive, royalty-free license to use it as necessary to provide the services.

11. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." HomeProMatcher MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HomeProMatcher DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

HomeProMatcher MAKES NO GUARANTEE OF CALL OR LEAD VOLUME, QUALITY, CONVERSION RATES, OR BUSINESS RESULTS. PAST PERFORMANCE OF CAMPAIGNS IS NOT INDICATIVE OF FUTURE RESULTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKETCALL INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF PREPAID FUNDS DEPOSITED BY YOU INTO YOUR ACCOUNT IN THE NINETY (90) DAYS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Marketcall Inc. and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including TCPA or any privacy law; (d) your handling of consumer data or calls; or (e) any claim by a third party related to your business or advertising activities.

14. Suspension and Termination

HomeProMatcher may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, suspected fraud, regulatory concern, non-use, or at our sole business discretion.

You may close your account at any time by contacting us. Upon closure, any remaining prepaid balance will be handled in accordance with our Refund Policy.

Sections 7, 8, 10, 11, 12, 13, and 15 of these Terms survive any termination.

15. Changes to These Terms

HomeProMatcher reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last updated" date above. Continued use of the Platform after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and contact us to close your account.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction in those courts.

17. Contact

For questions about these Terms, please contact us. Marketcall Inc., a California corporation.

See also: Privacy Policy | Refund Policy