Terms of Service

1. Acceptance of Terms

By accessing or using MoldGuide.com (the "Site") or any services offered through it, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Site.

These Terms apply to all visitors, homeowners, and contractors who access or use the Site in any capacity. By creating an account, submitting a form, or continuing to use the Site after any modifications to these Terms are posted, you accept and agree to the then-current version of these Terms.

2. Who We Are

MoldGuide.com is operated by MiniGig, a business registered in the State of Texas, doing business as MoldGuide ("MoldGuide," "we," "us," or "our"). MoldGuide is an information and lead referral platform only. MoldGuide is not a mold remediation contractor, mold inspector, environmental consultant, or healthcare provider, and does not perform any mold-related services.

3. Description of Service

MoldGuide provides the following services through the Site:

• Educational content — articles, guides, and resources about mold identification, health risks, remediation approaches, and prevention, intended for general informational purposes only.
• Assessment tools — quizzes, calculators, and AI-powered tools designed to help homeowners understand their situation and evaluate whether professional assistance may be warranted. These tools provide general guidance only and are not a substitute for professional inspection.
• Lead referral service — a marketplace that connects homeowners seeking mold-related services with licensed, self-certified mold remediation contractors in their geographic area.
• Contractor directory — a listing of contractors who have registered with MoldGuide and agreed to these Terms.

MoldGuide reserves the right to modify, suspend, limit, or discontinue any aspect of the Site or its services at any time, with or without notice, and without liability to you.

4. IMPORTANT: Not Professional, Medical, or Legal Advice

All content on this Site — including articles, quiz results, calculator outputs, AI chat responses, assessment summaries, and any other materials — is provided for general educational and informational purposes only. Nothing on this Site constitutes, and should not be construed as:

• Medical advice, a health diagnosis, or a recommendation regarding any health condition or treatment
• Professional mold inspection, testing, or remediation recommendations
• Environmental or industrial hygiene advice
• Legal advice or guidance regarding any legal matter, including insurance claims
• A substitute for consultation with a licensed professional

Mold can pose serious health risks. The appropriate response to a mold situation depends on factors that can only be assessed by a qualified professional conducting an in-person inspection. You acknowledge that you will consult a licensed mold inspection or remediation professional before making decisions about your property or health. MoldGuide expressly disclaims any liability arising from your reliance on any content published on this Site in lieu of obtaining professional advice.

You are solely responsible for evaluating the accuracy, completeness, and usefulness of any content on this Site and for all decisions you make based on such content.

5. AI-Powered Features

MoldGuide uses artificial intelligence and machine learning technologies to power certain features, including assessment quizzes and advisory tools. You acknowledge and agree that:

• AI-generated outputs are produced by automated systems and may contain errors, inaccuracies, hallucinations, or omissions;
• AI outputs are not reviewed by licensed mold professionals, medical professionals, or any other expert prior to delivery;
• AI outputs are provided for general informational purposes only and must not be used as the basis for any health, safety, remediation, financial, legal, or insurance decision;
• AI systems may misinterpret your inputs or fail to account for important factors specific to your situation;
• MoldGuide makes no representation or warranty as to the accuracy, completeness, reliability, or fitness for any purpose of any AI-generated content.

You assume all risk associated with reliance on AI-generated content. MoldGuide shall have no liability for any harm arising from your use of or reliance on any AI feature.

6. Lead Referral Service — Homeowner Terms

When you submit an inquiry through MoldGuide's lead capture form, assessment quiz, or any other contact mechanism on the Site, you acknowledge and agree to the following:

• Consent to contact: You expressly consent to being contacted by one or more third-party mold remediation contractors via telephone, email, or text message at the information you provide, including by automated dialing systems or pre-recorded messages, in response to your inquiry.
• Lead sharing: Your contact information and problem description will be shared with one or more contractors matched to your geographic area and service needs. You consent to this sharing as a condition of using the referral service.
• No contractor guarantee: MoldGuide does not guarantee that any contractor will contact you, be available to perform services, offer any particular price, or perform services to any particular standard.
• Independent contractors: All contractors in our network are independent third parties. MoldGuide has no control over, and assumes no responsibility for, the conduct, quality of work, licensing, insurance, pricing, or any other aspect of a contractor's services. Any agreement you enter into with a contractor is solely between you and that contractor.
• No endorsement: Inclusion in the MoldGuide network does not constitute an endorsement, certification, recommendation, or guarantee of any contractor's qualifications, services, or workmanship.
• Multiple contacts: You may be contacted by more than one contractor. You are under no obligation to hire any contractor who contacts you.

7. Contractor Accounts and Terms

7.1 Registration and Self-Certification

By registering as a contractor on MoldGuide, you represent and warrant that:

• You are authorized to enter into these Terms on behalf of your business;
• All information you provide in your registration is accurate, complete, and current;
• You hold all licenses, certifications, and insurance required by applicable federal, state, and local law to perform mold inspection, testing, and remediation services in all geographic areas where you accept leads;
• You maintain general liability insurance and workers' compensation insurance as required by law;
• You will immediately update your account information if any of the above changes.

MoldGuide does not independently verify contractor licenses, certifications, or insurance. Contractors are solely responsible for ensuring their own compliance with all applicable laws and professional requirements. MoldGuide makes no representation to homeowners regarding any contractor's licensing or qualification status.

Credential and licensing information displayed on contractor profile pages is provided for informational purposes only and may not be current, complete, or accurate. MoldGuide makes no warranty regarding the accuracy of any credential or licensing data shown on the Site. Homeowners should independently verify all contractor credentials before engaging any services.

7.2 Lead Purchase and Payment

Contractor lead pricing and billing terms are established at the time of account signup and may be updated with notice. You agree to:

• Pay for all leads delivered to you at the agreed-upon per-lead rate;
• Maintain valid payment information on file at all times;
• Authorize MoldGuide to charge your payment method for leads as they are delivered;
• Pay all amounts due within the timeframe specified in your account agreement.

Failure to maintain current payment information or failure to pay for leads may result in immediate suspension or termination of your account. MoldGuide reserves the right to pursue all available legal remedies for unpaid amounts, including collection fees and attorneys' fees.

7.3 Lead Dispute and Credit Policy

A "lead" is defined as a contact inquiry from a homeowner who has expressed interest in mold-related services through the Site. Leads are delivered in good faith and are non-refundable by default. MoldGuide may, in its sole discretion, issue account credits (not cash refunds) for leads that qualify under the following narrow criteria:

• Invalid contact information: The phone number provided is disconnected, non-working, or clearly fictitious, and the homeowner cannot be reached by any contact method provided;
• Exact duplicate: The same homeowner contact (same name and phone number) was delivered to your account as a separate lead within the preceding 30 days;
• Geographic mismatch: The homeowner's service address falls clearly outside the geographic service area you specified in your account settings at the time the lead was delivered.

The following are expressly not grounds for credit or dispute:

• The homeowner did not respond to your follow-up attempts;
• The homeowner decided not to proceed with remediation services;
• The homeowner chose a different contractor;
• The homeowner's situation was not as severe as described;
• Price disagreement or inability to reach agreement on scope of work;
• Any dissatisfaction with the homeowner's responsiveness or decision-making.

Dispute requests must be submitted through your account portal within 72 hours of lead delivery. Requests submitted after this window will not be considered. MoldGuide's determination on all lead disputes is final.

7.4 Contractor Conduct

Contractors agree to:

• Contact leads promptly and professionally;
• Not resell, redistribute, or share lead contact information with any third party;
• Not use lead information for any purpose other than providing the requested mold-related services;
• Comply with all applicable telemarketing, communications, and consumer protection laws when contacting leads, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act;
• Not make any representation that implies an endorsement, certification, or guarantee by MoldGuide;
• Handle all homeowner information in compliance with applicable privacy laws.

MoldGuide reserves the right to suspend or terminate contractor accounts and pursue legal action in response to: non-payment, fraudulent activity, consumer complaints, misrepresentation of credentials, violation of applicable law, or any conduct that MoldGuide determines, in its sole discretion, to be harmful to homeowners or to MoldGuide's reputation.

8. Acceptable Use

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable federal, state, or local law;
• Scrape, crawl, harvest, or otherwise collect data from the Site by automated means without written permission;
• Reverse engineer, disassemble, or attempt to derive the source code of any aspect of the Site;
• Submit false, misleading, or fraudulent information through any form or account;
• Attempt to gain unauthorized access to any portion of the Site or any related systems or networks;
• Interfere with or disrupt the integrity or performance of the Site;
• Use the Site to transmit any unsolicited commercial communications;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the Site in any manner that could damage, disable, overburden, or impair the Site.

9. Intellectual Property

All content on the Site — including but not limited to articles, guides, images, tools, software, design, trademarks, and trade dress — is owned by MoldGuide or its licensors and is protected by applicable intellectual property laws. No content may be reproduced, republished, distributed, scraped, or adapted without prior written permission from MoldGuide.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purposes only. This license does not include the right to sublicense, sell, or exploit any portion of the Site or its content.

10. Third-Party Services and Links

The Site may contain links to third-party websites, services, or resources. MoldGuide has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party site or service. The inclusion of any link does not imply endorsement by MoldGuide. You access third-party links at your own risk.

MoldGuide uses third-party service providers to operate the Site, including payment processors, email delivery services, analytics providers, and hosting infrastructure. These providers operate under their own terms and privacy policies. MoldGuide is not responsible for any acts or omissions of its service providers.

11. DISCLAIMER OF WARRANTIES

THE SITE AND ALL SERVICES, CONTENT, TOOLS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOLDGUIDE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INCLUDING AI-GENERATED CONTENT; (C) WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WARRANTIES REGARDING THE QUALITY, SAFETY, LICENSING, OR WORKMANSHIP OF ANY CONTRACTOR; AND (E) WARRANTIES THAT ANY INFORMATION ON THE SITE IS SUITABLE FOR YOUR PARTICULAR SITUATION OR NEEDS.

MOLDGUIDE DOES NOT WARRANT THAT MOLD INFORMATION PROVIDED ON THIS SITE IS APPROPRIATE FOR YOUR SPECIFIC CIRCUMSTANCES, GEOGRAPHIC LOCATION, MOLD TYPE, OR HEALTH SITUATION. MOLD ASSESSMENT AND REMEDIATION INVOLVE COMPLEX PROFESSIONAL JUDGMENTS THAT CANNOT BE REPLICATED BY ANY ONLINE TOOL OR CONTENT.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOLDGUIDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES (COLLECTIVELY, "MOLDGUIDE PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, PROPERTY DAMAGE, PERSONAL INJURY, HEALTH CONSEQUENCES ARISING FROM MOLD EXPOSURE, COSTS OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF MOLDGUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE MOLDGUIDE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MOLDGUIDE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

YOU EXPRESSLY ACKNOWLEDGE THAT MOLDGUIDE IS NOT RESPONSIBLE FOR ANY HARM — INCLUDING HEALTH CONSEQUENCES, PROPERTY DAMAGE, FINANCIAL LOSS, OR PERSONAL INJURY — ARISING FROM YOUR RELIANCE ON INFORMATION PUBLISHED ON THIS SITE OR FROM SERVICES PROVIDED BY ANY CONTRACTOR TO WHOM YOU WERE REFERRED THROUGH THIS SITE.

13. Indemnification

You agree to defend, indemnify, and hold harmless MoldGuide and the MoldGuide Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) any content or information you submit through the Site; (e) for contractors, any claims by homeowners arising from your services, conduct, licensing status, or workmanship; (f) for homeowners, any claims arising from your use of or reliance on Site content in lieu of obtaining professional advice; or (g) your negligence or willful misconduct.

MoldGuide reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with MoldGuide's defense of such claim and not to settle any such matter without MoldGuide's prior written consent.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute process, you agree to contact MoldGuide at our contact page and attempt to resolve the dispute informally. MoldGuide will attempt to resolve the dispute within 30 days of receiving your written notice. If the dispute is not resolved within 30 days, either party may initiate arbitration as described below.

14.2 Binding Arbitration

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site (including any dispute regarding the formation, breach, termination, enforcement, interpretation, or validity of these Terms) shall be resolved by binding arbitration administered by JAMS under its applicable rules, rather than in court. The arbitration shall be conducted in Harris County, Texas, or, at your election if you are a consumer, by telephone or videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 CLASS ACTION WAIVER

YOU AND MOLDGUIDE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF A COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THE DISPUTE SHALL BE LITIGATED IN COURT WITHOUT A JURY IN HARRIS COUNTY, TEXAS.

14.4 Exceptions

Either party may bring a claim in small claims court (if the claim qualifies) or seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

14.5 Governing Law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

15. Force Majeure

MoldGuide shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, power outages, internet disruptions, third-party service failures, or cyberattacks.

16. Termination

MoldGuide may suspend or terminate your access to the Site at any time, with or without cause, with or without notice, without liability to you. You may terminate your use of the Site at any time by discontinuing use. For contractor accounts, termination procedures and any obligations regarding outstanding leads and payments are governed by your account agreement.

The following provisions survive termination: Sections 4 (Not Professional Advice), 5 (AI Disclaimers), 9 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), and 15 (Force Majeure).

17. Modifications to Terms

MoldGuide reserves the right to modify these Terms at any time. Material changes will be communicated by updating the "Last updated" date at the top of this page and, where feasible, by providing notice through the Site or via email. Your continued use of the Site after any changes constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

19. Entire Agreement; No Waiver

These Terms, together with the Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and MoldGuide regarding your use of the Site and supersede all prior agreements. MoldGuide's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Contact

Questions about these Terms: contact us here.