Terms of Service

These terms are an agreement between you and Paint Pals LLC ("Paint Pals", "we", "us") for the use of the Paint Pals software at app.paintpals.app, and of the documents and messages it delivers. By creating an account, or by using the service, you agree to them. If you use Paint Pals for a company, you confirm you have the authority to agree on its behalf, and "you" means that company.

1. The service

Paint Pals helps painting contractors measure jobs, price them, send estimates and contracts, collect signatures and payments, issue work orders and invoices, and keep track of leads and jobs. We add and change features over time. If we remove a major feature we will try to give reasonable notice.

2. Accounts and teams

A company workspace has an owner and may have admins and members. The owner and admins decide who joins, what each person can do, and what the company connects to. You are responsible for keeping sign-in details private and for everything done under your company's accounts.

3. Subscriptions, billing and refunds

• Price and term. The price and billing period (monthly or annual) are the ones shown when you subscribe. A promotional rate, such as a founding rate, lasts for the period stated when you subscribed and then converts as stated there.
• Renewal. Subscriptions renew automatically at the end of each period until you cancel. If we raise the regular price, we email you at least 30 days before the renewal it applies to.
• Cancelling. Cancel any time from the Billing page. You keep full access until the end of the period you have paid for. After that the account becomes read-only: you can still view and export your estimates and contacts but cannot create or edit.
• 30-day money-back guarantee. If Paint Pals is not working out within 30 days of your first payment, email shanewalter@thepaintpals.com and we will refund that payment.
• Failed payments. If a renewal payment fails, the account becomes read-only until it is paid, and we may close it after reasonable notice.
• Taxes. Prices exclude any sales or similar taxes that apply to you.

4. Your data

Everything you enter into Paint Pals is yours: your contacts, estimates, prices, standards, contracts, photos and files. You give us permission to store, process and display it as needed to provide the service to you, and to show it to the people you send documents to. You are responsible for having the right to enter your customers' information and for what you send them. You can export a copy of your company's data at any time from Settings. Our privacy policy explains how we handle personal information.

5. Your customers and your documents

The estimates, contracts, change orders and invoices you create are agreements between you and your customer. Paint Pals is not a party to them. You are responsible for their accuracy, pricing and wording, for any licensing, notice, right-to-cancel or other requirements that apply to your trade where you work, and for your taxes.

Electronic signatures collected through Paint Pals are intended to be valid under the U.S. ESIGN Act and state electronic signature laws. You decide whether an electronic signature meets the requirements for your contracts.

When you connect a payment provider, that provider's terms govern the payments, and the money goes to your account with that provider. Paint Pals does not hold your customers' funds.

Card service fee. Paint Pals lets you add a service fee to credit card payments taken through your connected payment provider. Paint Pals adds the fee only to a card its payment provider identifies as a credit card, but Paint Pals does not warrant that a card service fee complies with the laws where you operate or with the rules of the card networks and your payment provider, and nothing in Paint Pals is legal, compliance, tax or financial advice. You agree not to charge a card service fee where it is prohibited. You are solely responsible for making sure your practice is lawful and follows the card network rules, including any registration or notice to the card networks or your acquiring bank, the maximum rate, the kinds of transactions it may be applied to, the notices you give your customers, and equal treatment across card brands. Paint Pals may suspend or remove your ability to add a card service fee at any time if we believe your use of it violates the law, the card network rules or these terms, has caused or may cause chargebacks, fines or penalties, is requested by a card network or payment provider, or creates legal, regulatory or financial risk to Paint Pals or its providers.

6. If you are a subscriber's customer

The links you receive to view an estimate, sign a contract, approve a change or pay an invoice are provided by Paint Pals on behalf of your painting company. Your agreement is with that company. Section 7 below applies to any text messages you receive.

7. Text messages

Paint Pals can send text messages on a subscriber's behalf to deliver project documents to a customer: a link to an estimate, a contract ready to sign, an invoice ready to pay, a payment receipt or a copy of a signed contract. Messages identify Paint Pals as the sender and name the painting company.

• Message frequency varies, usually a few messages per project.
• Message and data rates may apply.
• Reply STOP to any message to stop receiving texts. Reply HELP for help, or email shanewalter@thepaintpals.com.
• Carriers are not liable for delayed or undelivered messages.
• How we handle mobile numbers and consent is in our privacy policy.

If you are a subscriber who sends texts through Paint Pals, you must have the customer's agreement to receive project documents by text, send only messages about that customer's project, and follow the laws that apply to text messaging, including the Telephone Consumer Protection Act. We may suspend texting for an account that breaks these rules. Texting may be offered as a paid add-on; if so, the price is shown before you turn it on.

8. AI features and pricing math

Some features use artificial intelligence: the help chat, drafting emails and Customer Hub pages, reading leads that arrive by email, and checks for similar feature requests. AI output can be wrong. Review anything it produces before you rely on it or send it to a customer. The prices Paint Pals calculates come from your own rates, standards and measurements; you are responsible for checking the final price before you send it.

9. Acceptable use

You agree not to:

• Use the service for anything illegal, or to send spam, threats or content you have no right to send.
• Upload malware, or try to break into, overload or interfere with the service or anyone else's account.
• Copy, scrape, resell or reverse engineer the service, or build a competing product from it.
• Share one account among people who should each have their own.
• Probe or test the security of the service without our written permission.

10. Connected services

You can connect Paint Pals to services such as Stripe, GoHighLevel or the Color Visualizer. Each of those has its own terms, and we are not responsible for them. Disconnecting a service stops the sharing going forward.

11. Our property

The Paint Pals software, its design, its shipped production standards and templates, and its name and logo belong to Paint Pals LLC. You may use them only through the service and only as these terms allow. If you send us feedback or ideas, we may use them without obligation to you.

12. Availability and support

We work to keep Paint Pals available and to fix problems quickly, but we do not promise uninterrupted service. We may take the service down briefly for maintenance. Support is by email at shanewalter@thepaintpals.com and through the help chat in the app.

13. Ending the agreement

You can cancel at any time (section 3). We may suspend or close an account that breaks these terms, with notice where practical. After an account closes we keep its data read-only for a reasonable time so it can be exported, then delete it on request or after notice by email.

14. Disclaimers

Paint Pals is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including fitness for a particular purpose, and we do not warrant that the service will be error-free or that the prices it calculates will win a job or cover your costs.

15. Limits on liability

To the fullest extent the law allows, Paint Pals LLC is not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, arising from the service or these terms. Our total liability for any claim is limited to the amount you paid us in the twelve months before the claim arose.

16. Your responsibility to us

You will defend and indemnify Paint Pals LLC against claims, damages and costs arising from your use of the service, the documents and messages you send through it, or your breach of these terms, including claims by your customers.

17. Disputes and governing law

These terms are governed by the laws of the State of Colorado, without regard to its conflict of law rules. If we have a dispute, we will each try to resolve it informally first by email. Any dispute that cannot be resolved that way will be brought in the state or federal courts located in Colorado, and you consent to their jurisdiction.

18. Changes to these terms

We may update these terms. When we do, we update the date at the top, and for material changes we email subscribers or show a notice in the app before they take effect. Using the service after that means you accept the updated terms.

19. Contact

Paint Pals LLC, shanewalter@thepaintpals.com.