1. Introduction

Welcome to Fuera del Gutter ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our website at fueradelgutter.com and the services we provide. By accessing our website, scheduling a service, or providing your contact information, you agree to be bound by these Terms.

Fuera del Gutter is a professional gutter cleaning and maintenance service provider located at 2703 Seventh St, Berkeley California 94710

2. SMS/Text Messaging Terms and Consent

2.1 Consent to Receive Text Messages

By providing your mobile phone number through our website booking form, contact form, or verbally over the phone, and by checking the SMS consent box or providing verbal consent, you expressly consent to receive text messages from Fuera del Gutter at the phone number you provided.

You are not required to consent to receive text messages as a condition of purchasing services from us. However, choosing not to receive text messages may affect our ability to send you timely appointment reminders and service updates.

2.2 Types of Messages

The text messages you may receive include:

• Appointment confirmations
• Appointment reminders (typically sent 24 hours and 30 minutes before scheduled service)
• Service arrival notifications
• Service completion updates
• Rescheduling requests and confirmations
• Follow-up service communications
• Responses to your inquiries

2.3 Message Frequency

Message frequency varies depending on your service schedule. You may receive approximately 2-5 messages per scheduled appointment. If you are on a maintenance plan with quarterly service, you may receive up to 20 messages per year.

2.4 Message and Data Rates

Message and data rates may apply. Standard text messaging rates from your mobile carrier will apply to all messages sent and received. Please check with your mobile carrier for details about your specific plan and any applicable charges. Fuera del Gutter is not responsible for any charges incurred from your mobile carrier.

2.5 Supported Carriers

Our SMS service is available on all major U.S. carriers including AT&T, T-Mobile, Verizon, Sprint, and other participating carriers. Please note that not all mobile devices or carriers may be supported, and message delivery is subject to carrier limitations.

2.6 Opt-Out / Unsubscribe

You may opt out of receiving text messages at any time. To stop receiving text messages from Fuera del Gutter, you can:

• Reply STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message you receive from us
• Contact us directly at (510) 369-0697
• Email us at

After you opt out, you will receive one final confirmation message stating that you have been unsubscribed. You will not receive any further text messages from us unless you opt back in by contacting us or submitting a new consent through our website.

2.7 Help / Customer Support

For help or support regarding our text messaging service, you can:

• Reply HELP to any message you receive from us
• Call us at (510) 369-0697
• Email us at
• Our offices are located at 2703 Seventh St, #348, Berkeley, CA 94710

2.8 Changes to Phone Number

If you change your mobile phone number, you are responsible for notifying us immediately to update your contact information. You must also opt out of text messages on your old number to prevent the new holder of that number from receiving your messages.

2.9 No Liability for Delivery Issues

We are not liable for any delays or failures in message delivery that are caused by your mobile carrier, network issues, or circumstances beyond our control. We cannot guarantee that messages will be delivered in a timely manner or at all.

3. Privacy and Data Collection

3.1 Information We Collect

When you use our services or website, we may collect the following information:

• Name (first and last)
• Phone number
• Email address
• Property address where services will be performed
• Service preferences and history
• Payment information (processed securely through third-party payment processors)
• Communication preferences

3.2 How We Use Your Information

We use your information to:

• Schedule and perform gutter cleaning services
• Send appointment confirmations and reminders
• Communicate about your service
• Process payments
• Improve our services
• Comply with legal obligations

3.3 Information Sharing

We do not sell, rent, or share your personal information with third parties for their marketing purposes. We may share your information with:

• Service providers who help us operate our business (e.g., payment processors, SMS service providers)
• Law enforcement or government agencies when required by law
• Professional advisors (attorneys, accountants) when necessary

3.4 Data Security

We implement reasonable security measures to protect your personal information. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

3.5 Data Retention

We retain your personal information for as long as necessary to provide services to you and for legitimate business purposes, such as maintaining records for tax and accounting purposes, or as required by law.

4. Service Terms

4.1 Services Provided

Fuera del Gutter provides professional gutter cleaning, repair, inspection, and maintenance services for residential and commercial properties in the Berkeley and East Bay area.

4.2 Estimates and Pricing

We provide free estimates for our services. Final pricing may vary based on the actual condition of your gutters and any additional work required. Any changes to the quoted price will be communicated to you before additional work is performed.

4.3 Scheduling and Cancellations

Appointments are scheduled based on availability. We request at least 24 hours' notice for cancellations or rescheduling. We reserve the right to cancel or reschedule appointments due to weather conditions, emergencies, or other unforeseen circumstances.

4.4 Access to Property

You agree to provide safe and reasonable access to your property for us to perform the scheduled services. This includes access to electrical outlets, water supply, and areas where gutters are located.

4.5 Payment Terms

Payment is due upon completion of services unless other arrangements have been made in advance. We accept cash, check, and major credit cards. Late payments may be subject to additional fees.

4.6 Satisfaction Guarantee

We stand behind our work with a 100% satisfaction guarantee. If you are not satisfied with our service, please contact us within 7 days of service completion, and we will work to make it right.

5. Liability and Insurance

5.1 Insurance Coverage

Fuera del Gutter carries liability insurance to protect both our business and our customers. Proof of insurance is available upon request.

5.2 Limitation of Liability

To the fullest extent permitted by law, Fuera del Gutter's liability for any damages arising from our services shall be limited to the amount you paid for the specific service that gave rise to the claim. We are not liable for any indirect, incidental, consequential, or punitive damages.

5.3 Property Damage

While we take great care in performing our services, you acknowledge that some existing damage may be discovered during gutter cleaning or inspection. We will notify you of any pre-existing damage or issues that we observe. We are not responsible for pre-existing conditions or damages that occur due to the age or condition of your gutters.

6. Website Use

6.1 Acceptable Use

You agree to use our website only for lawful purposes and in accordance with these Terms. You may not:

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the website
• Transmit any viruses, malware, or harmful code
• Use the website to harass, abuse, or harm others
• Collect information about other users without their consent

6.2 Intellectual Property

All content on our website, including text, graphics, logos, and images, is the property of Fuera del Gutter and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our express written permission.

7. Dispute Resolution

7.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

7.2 Informal Resolution

If you have any disputes or concerns, we encourage you to contact us first to attempt to resolve the matter informally. Most concerns can be resolved quickly and amicably through direct communication.

7.3 Venue

Any legal action or proceeding relating to these Terms or our services shall be brought exclusively in the state or federal courts located in Alameda County, California.

8. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email or text message notification if we have your contact information

Your continued use of our services after changes to these Terms constitutes your acceptance of the modified Terms.

9. Contact Us

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:

10. Acceptance of Terms

By using our website, scheduling services, or providing your contact information, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

If you do not agree to these Terms, please do not use our services or website.