Terms of Service

Agreement and Acceptance

These Terms of Service (the “Terms”) are between House In Order LLC, an Oregon limited liability company doing business as WTFunk (“WTFunk,” “we,” or “us”), and the person or entity requesting, authorizing, purchasing, or receiving services (“Customer” or “you”).

These Terms apply together with the applicable written or electronic quote, work order, customer preparation checklist, signed service agreement, and Treatment & Release Certificate. A signed service agreement or work order may contain job-specific scope, pricing, cancellation, access, or retreatment terms. If a job-specific signed document conflicts with these Terms, the signed document controls for that service engagement to the extent of the conflict.

By requesting, scheduling, authorizing, or accepting services—or by signing an applicable service agreement or work order—you acknowledge that you have read and agree to the documents governing the service.

1. Our Service

WTFunk provides professional odor treatment services using controlled ozone generation within an unoccupied structure, room, vehicle, recreational vehicle, or other approved area (the “Treatment Area”), followed by ventilation and measured release under WTFunk’s written operating protocols.

The service is designed to reduce odors. Results vary. WTFunk does not guarantee complete or permanent odor elimination.

Excluded services

WTFunk’s odor treatment service is not:

• mold remediation or mold removal;
• biohazard, crime-scene, or clandestine-laboratory decontamination;
• water-damage restoration;
• pest control;
• duct cleaning;
• sterilization, sanitization, or disinfection;
• medical or health treatment; or
• testing or certification of general indoor air quality.

WTFunk does not represent that its odor treatment kills, removes, or controls mold, bacteria, viruses, or other organisms.

Source removal

Ozone treatment does not replace source cleaning or source removal. Contaminated carpet, padding, drywall, insulation, contents, filters, waste, sewage-affected material, moisture-damaged material, or other odor sources may need to be cleaned or removed before treatment. WTFunk may require source removal or cleaning as a condition of service.

2. Authority to Authorize Service

You represent that you either own the Treatment Area or have full authority to authorize the service.

You are responsible for obtaining any required approval from an owner, landlord, property manager, co-owner, lessor, homeowners’ association, facility operator, or other person with an interest in the Treatment Area.

You must disclose whether the Treatment Area is attached to, shares air with, shares HVAC with, or may otherwise affect an occupied unit or area. Lack of authority or material misrepresentation is allocated under Section 12.

3. Ozone Safety and Vacancy Requirements

Ozone hazard

Ozone is a strong oxidizing gas and respiratory irritant. Exposure may cause coughing; throat irritation; chest discomfort; shortness of breath; reduced lung function; worsening asthma; irritation of the eyes, nose, or lungs; and other adverse effects. Risk may be greater for children, older adults, pregnant persons, people with asthma or other lung disease, and animals.

No occupancy during treatment

No person, pet, plant, aquarium, animal, or other living thing may remain in the Treatment Area during active ozone treatment. The Treatment Area must remain vacant until WTFunk completes ventilation, performs required measurement, and issues written or electronic release.

Access control

You are responsible for controlling access and notifying all occupants, guests, tenants, employees, contractors, and others who might enter.

Until WTFunk issues release, you must not:

• enter the Treatment Area;
• permit another person to enter, except emergency responders acting in an official capacity;
• disable, move, unplug, adjust, or interfere with equipment;
• remove warning signs or barriers; or
• interfere with the treatment, ventilation, or release process.

If you become aware of unauthorized entry, a person or living thing in the Treatment Area, equipment disturbance, or a power interruption, notify WTFunk immediately at 505-576-7337. WTFunk may stop, restart, or reschedule the service as reasonably necessary.

Emergency entry

Do not enter the Treatment Area yourself. Call emergency services and disclose that ozone treatment may be in progress. Entry by official emergency responders acting within their duties is not treated as unauthorized entry under these Terms, but you must notify WTFunk as soon as reasonably possible.

Re-entry and release

Equipment being off, a timer expiring, or an inability to smell ozone does not mean the area is safe. Ozone levels may remain elevated after equipment stops, and the ability to smell ozone varies and may decline during exposure.

WTFunk determines ventilation and re-entry under its written release protocol, including direct instrument measurement for every ozone job, the actual conditions of the Treatment Area, and applicable safety guidance and law. If a power interruption may have affected equipment or ventilation, WTFunk will restart or verify ventilation and re-measure before release.

You must not re-enter until WTFunk sends a Treatment & Release Certificate to the email address or phone number identified in the service documents. WTFunk may recommend additional ventilation after release.

4. Customer Preparation and Disclosure

You must provide accurate information about the Treatment Area, the odor source, occupancy, prior conditions, and known hazards.

You must disclose known or suspected:

• water intrusion or water damage;
• visible mold or known mold history;
• sewage, biohazard, or clandestine-laboratory contamination;
• pest or animal infestation;
• structural damage;
• shared air, occupied attached spaces, or interconnected HVAC;
• prior ozone treatment;
• valuable, delicate, antique, or unusually susceptible property; and
• other conditions that could affect safety or results.

You must complete the Customer Preparation Checklist and any site-specific instructions. Unless WTFunk gives different written instructions, this includes removing or properly addressing people, pets, animals, aquariums, plants, food, beverages, medications, supplements, sensitive or valuable property, and other specified items.

You must provide safe access, suitable electrical service, and a secure Treatment Area.

Sensitive property

You are responsible for removing any item identified in the Preparation Checklist or separately identified in writing as sensitive, valuable, delicate, antique, or unsuitable for exposure. WTFunk does not offer a paid covering, relocation, or protection service. If required items are not removed, WTFunk may decline or reschedule service.

Unprepared area

If the Treatment Area is not properly prepared, WTFunk may postpone or reschedule service. Any trip or rescheduling charge applies only if disclosed in the applicable quote, work order, or signed service agreement.

5. Property and Susceptible Materials

Ozone is reactive and may affect certain materials. Susceptible items may include:

• natural rubber, seals, gaskets, hoses, and elastomers;
• some electrical insulation and coatings;
• leather and certain upholstery;
• some fabrics, textiles, dyes, and pigments;
• photographs, artwork, antiques, and collectibles;
• some foams, adhesives, plastics, and vinyl;
• latex and rubber-backed materials;
• musical instruments and delicate equipment;
• certain finishes, coatings, and surface treatments; and
• other materials that are delicate, aged, unstable, or oxidation-sensitive.

Material response varies with composition, age, condition, prior exposure, concentration, humidity, temperature, and treatment time. Repeated treatments may have cumulative effects.

You are responsible for identifying and disclosing valuable, delicate, unusual, antique, previously damaged, or potentially susceptible property and for removing items WTFunk advises you to remove.

To the extent permitted by law, WTFunk is not responsible for pre-existing damage, normal deterioration, concealed conditions, damage resulting from an item’s inherent instability or pre-existing deterioration, items you were instructed to remove but left in place, or damage materially caused by inaccurate or incomplete information you supplied.

WTFunk will use reasonable care in performing the service. Nothing in these Terms excuses WTFunk from responsibility for direct physical property damage caused by its negligence or failure to use reasonable care.

6. Right to Decline, Pause, or Stop Service

WTFunk may decline, pause, or stop service when it reasonably identifies a material safety, property, legal, or operational risk, including:

• occupied or insufficiently isolated spaces;
• shared air or HVAC risks;
• undisclosed hazards;
• active water intrusion;
• significant visible mold requiring referral;
• sewage or biohazard conditions;
• unsafe electrical conditions;
• unsecured access;
• incomplete preparation;
• inability to verify safe release; or
• conditions outside WTFunk’s approved scope.

WTFunk will explain the concern and, when reasonably possible, give you an opportunity to correct it. WTFunk will not treat if safe isolation cannot be verified.

WTFunk may reschedule, revise the scope, or cancel the service. Charges apply only to previously disclosed cancellation or trip charges and work already performed, when reasonably applicable.

7. Treatment Results

WTFunk will perform the service competently, use reasonable care, use functioning equipment, and follow its written procedures.

Odor outcomes depend on source removal, materials, porosity, duration, temperature, humidity, prior treatments, hidden contamination, recontamination, ventilation, and other conditions. WTFunk does not guarantee complete or permanent odor elimination.

Odor perception varies among people. A difference in perception alone does not establish defective service.

Retreatment consideration

If you believe the odor result is inadequate, contact WTFunk within seven (7) days after service. WTFunk will evaluate the Treatment Area and service records.

If WTFunk determines that the agreed treatment was completed, preparation and source-removal requirements were followed, no new odor source has been introduced, and additional treatment is reasonably likely to help, WTFunk may offer one additional treatment according to the applicable written quote, work order, or signed service agreement. Additional preparation, cleaning, source removal, travel, or a materially different scope may be separately priced.

An additional treatment is not an admission of fault. This paragraph applies only to dissatisfaction with odor results and does not limit other remedies available for a different legal claim.

8. Documentation, Photographs, and Equipment

WTFunk may photograph or record the Treatment Area before, during, and after service to document conditions, preparation, equipment placement, work performed, and customer questions.

WTFunk records equipment identification, settings, duration, ventilation, and release information for each job and provides a Treatment & Release Certificate. A copy is available on request.

WTFunk will not use customer-identifying images or video for public marketing without separate written permission. Non-identifying technical information may be retained for legitimate business, safety, training, insurance, and service-record purposes.

All equipment remains WTFunk’s property. You must not move, adjust, unplug, cover, disable, or tamper with it.

9. Scheduling, Cancellation, Access, and Payment

Service charges, deposit requirements, balance due dates, approved commercial-account terms, cancellation notice periods and charges, and failed-access or unprepared-area trip charges are stated in the applicable quote, work order, or signed service agreement.

Any disclosed cancellation charge will reasonably reflect reserved time, travel, preparation, and expenses rather than operate as a penalty. Nothing in these Terms limits a non-waivable statutory cancellation or rescission right. When Oregon or federal law requires a separate cancellation notice or cooling-off form, WTFunk will provide it.

WTFunk will not charge for additional work without your approval, except for immediate action reasonably necessary to protect safety or property. If the scope materially changes, WTFunk will provide a revised scope and price before performing chargeable additional work.

Past-due balances more than thirty (30) days old accrue simple interest at nine percent (9%) per year or the maximum lawful rate, whichever is lower. You are responsible for lawful and reasonable collection costs to the extent permitted by law.

10. Insurance

WTFunk maintains commercial insurance applicable to its operations. Insurance coverage is subject to policy terms, exclusions, deductibles, and insurer determinations.

WTFunk’s insurance does not replace property, vehicle, rental, commercial, landlord, tenant, or other insurance you should maintain. Neither party is a general insurer of the other party’s property or business.

11. Responsibility and Liability

Your responsibility

You are responsible to the extent loss, delay, exposure, damage, or third-party claims are caused by:

• failure to follow safety or preparation instructions;
• unauthorized entry you cause or knowingly permit;
• failure to disclose material conditions;
• lack of authority to authorize service;
• tampering with equipment or barriers;
• failure to remove items you were instructed to remove; or
• providing materially inaccurate information.

WTFunk’s responsibility

WTFunk is responsible for direct personal injury or direct physical property damage to the extent caused by its negligence, willful misconduct, or failure to use reasonable care.

Consequential damages

To the maximum extent permitted by Oregon law, neither party is liable to the other for remote, speculative, incidental, special, or consequential economic loss that is not the direct and reasonably foreseeable result of the event giving rise to the claim, including speculative lost profits, lost opportunity, or subjective diminution in value.

This limitation does not exclude direct personal injury, direct physical property damage, or liability that Oregon law does not permit the parties to waive or limit.

12. Third-Party Claims and Indemnification

Each party is responsible for its own acts, omissions, breaches, and misrepresentations.

You will indemnify and hold WTFunk harmless from reasonable third-party claims, damages, or expenses to the extent caused by:

1. your material breach of the service documents;
2. your lack of authority to authorize the service;
3. your material misrepresentation or nondisclosure;
4. unauthorized entry you caused or knowingly permitted; or
5. your intentional interference with safety controls or equipment.

This obligation does not apply to the extent a claim is caused by WTFunk’s negligence, willful misconduct, or failure to use reasonable care. WTFunk remains responsible for its own conduct.

13. Events Outside Reasonable Control

WTFunk is not responsible for delay or failure caused by events beyond its reasonable control, including severe weather, natural disaster, fire, government action, utility interruption, access restrictions not caused by WTFunk, or similar events.

WTFunk will make reasonable efforts to reschedule. If service cannot be completed, WTFunk will refund amounts paid for unperformed work, less agreed or earned charges for work already completed.

14. Disputes

Notice and opportunity to inspect

Before filing a non-emergency claim, the complaining party will provide written notice describing the issue and requested resolution. The other party will have a reasonable opportunity to inspect, obtain relevant records, and respond. The parties will attempt in good faith to resolve the matter informally.

Mediation

Either party may propose voluntary mediation. Mediation is not required unless both parties agree in writing.

Small claims

Either party may use small claims court when the claim is eligible.

Governing law and venue

Oregon law governs these Terms, without regard to conflict-of-law rules. Any judicial proceeding must be brought in a court with lawful jurisdiction and venue under Oregon law.

Fees and costs

Attorney fees and costs are recoverable only when authorized by applicable law or a specific written agreement.

15. General Terms

Entire agreement

These Terms, together with the applicable quote or work order, signed service agreement, Customer Preparation Checklist, and Treatment & Release Certificate, constitute the agreement for the service. If a job-specific signed document conflicts with these Terms, the signed document controls for that engagement to the extent of the conflict.

Changes

Material changes to scope or price must be in writing or electronic form and accepted by both parties.

Severability

If a provision is unenforceable, the remaining provisions remain in effect. An unenforceable provision will be enforced to the maximum extent permitted by law.

No waiver

Failure to enforce a provision once does not waive the right to enforce it later.

Electronic acceptance

Electronic signatures, electronic initials, and electronic acceptance may be used to the extent permitted by law.

Non-waivable rights

Nothing in these Terms waives rights or remedies that cannot lawfully be waived.

Survival

Payment, documentation, responsibility, indemnification, and dispute provisions survive completion or termination to the extent necessary to carry them out.

Notices

Routine notices may be sent to the email address or phone number identified in the service documents. Formal dispute or indemnification notices should also be sent to the mailing address listed in the applicable service document or in the contact information below.

Contact and Legal Notices

Questions about these Terms, service documents, or a treatment should be directed to House In Order LLC d/b/a WTFunk.