Terms Of Service

My Service Builder User Terms and Conditions

Last Updated on August 15, 2018

Welcome to My Service Builder. We look forward to helping You grow your maintenance sales beyond anything you have done before, so you can take your business as far as you can imagine. This Agreement sets forth your rights and obligations as a My Service Builder User. By clicking “I Agree,” you indicate that you have read and understood this Agreement and you will abide by and be bound by its Terms.

I. Definitions

  1. My Service Builder is a trademark of My Service Builder LLC, and also refers to proprietary software used to create Commcercial HVAC Maintenance Agreements.
  2. “MSB” means My Service Builder LLC, the owner of the My Service Builder, MSB and other trademarks. In this Agreement, references to “MSB” as a Party mean and refer to My Service Builder LLC, and My Service Builder LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
  3. “Parties” mean My Service Builder and You. My Service Builder and You are each a “Party.”
  4. “Terms” mean and refer to the Terms and Conditions set forth herein.
  5. “User” refers to a person who has created a My Service Builder and MSB Account. “User Account” refers to a User’s MSB Account.
  6. “You” and “Your” means the My Service Builder User who has executed this Agreement by clicking “I Agree.”

II. Becoming a My Service Builder User

By clicking “I Agree” to these Terms, transferring payment to MSB, and creating a User Account, You become a MSB User. There are various products and services available to Users, and monthly prices applicable to such products and services. MSB products, services, and prices are posted on the MSB website, and are subject to change without notice including, but not limited to MSB add-ons. Price changes are effective on the first day of the month after the price change is posted, By clicking “I Agree” and providing MSB Your credit card information You authorize MSB to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By Your continued use of MSB services, and unless You terminate this agreement as provided herein, You agree that MSB may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.

III. Term and Termination

Your User contract with MSB begins when You click “I Agree,” and will continue month-to-month until either:

  1. MSB cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to MSB.

      OR

  1. You cancel your MSB account, as provided herein. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to MSB. You will continue to have access to your account until the end of the current month or year as the case may be.

      OR

  1. Your credit card or MSB charge is denied for any reason and You do not provide MSB a new credit card.

IV. No License to use MSB Marks

Any content on any MSB website may constitute the intellectual property of MSB. Except where expressly authorized, no material on any MSB website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The MSB trademark and logo are proprietary marks of MSB, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by MSB or any of MSB affiliates.

V. Indemnity

You agree to protect, defend, indemnify and hold harmless MSB, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against MSB for liability for payments for, damages caused by, or other liability relating to, You.

VI. No Warranty; No Leads

MSB does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that MSB does not at any time provide sales leads or referrals to You. Additionally, MSB WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MSB MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY MSB WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS IS AT YOUR SOLE RISK. MSB MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY MSB WEBSITE OR SERVICE IS AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY MSB WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY MSB WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY MSB WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The MSB websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any MSB website and these Terms, these Terms shall control.

VII. Limitation of Liability

YOU AGREE THAT IN NO EVENT IS MSB LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION THAT EXCEEDS THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO MSB FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST MSB OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

VIII. Force Majeure

MSB is not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of MSB. Delays due to any of the above causes is not deemed to be a breach of or failure to perform under this Agreement. MSB is not required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

IX. Assignment of Rights

MSB may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without MSB or its assigns express written consent.

X. Information; Registration; User Names and Passwords

As a MSB User, You are required to create an account with MSB. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your MSB User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, MSB under Your User Account. You agree to immediately notify MSB of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that MSB is not liable, and You hold MSB harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

XI. Release/Authorization to Use Photographs

You grant MSB permission to use any and all photographs taken by MSB or its agents or employees, or submitted by You to MSB as well as all written endorsements of MSB that you send to us, or that you post on social media (photographs, social media posts, and messages sent to MSB are hereinafter referred to as “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of MSB or any product or service sold and marketed by MSB. You agree that this authorization to use Photographs may be assigned by MSB to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in MSB sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against MSB in exchange for this Release and Assignment. You hereby release and forever discharge MSB from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

XII. Prohibited Activity

MSB has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:

  1. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to MSB reputation; and the violation of the rights of MSB or any third party.
  2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to MSB reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

XIII. Thrid Party Software

You further understand and agree that MSB has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software. MSB DOES NOT WARRANT THAT ANY MSB SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE.

XIV. Contact

If You have any questions or complaints concerning any of the Terms, You may contact MSB by e-mail at compliance@myservicebuilder.com, or by regular mail at 504 1st Ave S. Altoona Iowa 50009.

XV. Digital Millennium Copyright Act

If You believe that materials or content available on any MSB website infringes any copyright You own, You or Your agent may send MSB a notice requesting that MSB remove the materials or content from the MSB website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send MSB a counter-notice. Notices and counter-notices should be sent to MSB, Attention Legal Department, at 504 1st Ave S. Altoona Iowa 50009, or by e-mail to leagal@myservicebuilder.com.

XVI. Arbitration, Governing Law, and Attorneys’ Fees

  1. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against MSB including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Polk County, Iowa. You agree not to file suit against MSB or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and MSB. In the event that You and MSB are unable to reach agreement on an Arbitrator, You and MSB will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Polk County, Iowa. The arbitrators selected by You and MSB will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and MSB and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
  2. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Iowa without regard to any choice of law provisions.
  3. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against MSB to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against MSB may not be joined or consolidated with claims brought by anyone else.
  4. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
  5. INJUNCTIVE RELIEF. Nothing in this Agreement prevents MSB from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect MSB rights prior to, during, or following any arbitration proceeding.
  6. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party bears its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or MSB commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration is be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

XVII. Changes to Terms

MSB reserves the right to change these Terms, in whole or in part, from time to time at MSB sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms www.myservicebuilder.com/terms. By Your continued use of MSB services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.

XVIII. Severability

If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

XIX. Waiver

No waiver by MSB of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.

XX. Heading

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

XXI. Notice

Any notice required to be given to MSB under or related to these Terms must be in writing, addressed as follows:

My Service Builder, LLC
504 1st Ave S
Altoona, Iowa 50009
  • General Support and Inquiries: help.myservicebuilder.com
  • Compliance: compliance@myservicebuilder.com
  • Spam or Abuse: abuse@myservicebuilder.com

Notices to You may be made by posting a notice (or a link to a notice) on www.myservicebuilder.com/terms, by e-mail, or by regular mail, at MSB discretion.

XXII. Data Privacy Shield - GDPR

What is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.


Is MSB GDPR Compliant? MSB has no intention of doing business with people or businesses in the EU. Everything in the MSB software and website is deisgned for North America. If you are in the EU and are thinking of creation a MSB Account, you are encouraged not to. If you proceed you will not be covered by the GDPR.