Terms of Service

Last Updated: January 10, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PaintQuote Pro ("Company," "we," "our," or "us") concerning your access to and use of the PaintQuote Pro website, software, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Service. By using the Service, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into these Terms
  • You will comply with all applicable laws and regulations
  • All information you provide is accurate and current

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your password and account
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Service Plans and Pricing

4.1 Free Plan

Our free plan provides limited access to the Service, including:

  • 5 quotes per month
  • Basic quote templates
  • Standard features as described on our website

4.2 Paid Subscriptions

Paid subscription plans provide additional features and capabilities as described on our pricing page. By subscribing to a paid plan:

  • You authorize us to charge your payment method on a recurring basis
  • Subscriptions automatically renew unless cancelled
  • Prices are subject to change with 30 days' notice
  • You are responsible for all taxes and fees

4.3 Payment Terms

  • Payment is processed through Stripe
  • All fees are in USD unless otherwise stated
  • Payment is due at the start of each billing period
  • Failed payments may result in service suspension
  • No refunds for partial months or unused services

5. Cancellation and Refunds

5.1 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

  • You will retain access until the end of your current billing period
  • No refunds will be provided for the remaining period
  • Your account will automatically downgrade to the free plan
  • You may delete your account entirely at any time

5.2 Refund Policy

We offer a 30-day money-back guarantee for new subscribers:

  • First-time paid subscribers may request a full refund within 30 days
  • Refund requests must be submitted to support@paintquotepro.com
  • Refunds are processed within 5-10 business days
  • This guarantee applies once per customer
  • Abuse of the refund policy may result in account termination

6. Acceptable Use

You agree NOT to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any laws in your jurisdiction
  • Infringe upon intellectual property rights
  • Transmit viruses, malware, or harmful code
  • Attempt to gain unauthorized access to our systems
  • Reverse engineer, decompile, or disassemble the Service
  • Use automated systems (bots, scrapers) without permission
  • Resell or redistribute the Service without authorization
  • Impersonate another person or entity
  • Harass, abuse, or harm other users
  • Submit false or misleading information
  • Interfere with the proper functioning of the Service

7. Intellectual Property Rights

7.1 Our Rights

The Service and its original content, features, and functionality are owned by PaintQuote Pro and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Content

You retain all rights to the content you create using our Service, including quotes, customer data, and project information. By using the Service, you grant us a limited license to:

  • Store and process your content to provide the Service
  • Use aggregated, anonymized data for analytics and improvements
  • Display your content back to you within the Service

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation or attribution.

8. AI-Powered Features

Our Service uses artificial intelligence to generate quotes and provide recommendations. You acknowledge that:

  • AI-generated content is provided as a suggestion, not professional advice
  • You are responsible for reviewing and verifying all AI-generated quotes
  • We do not guarantee the accuracy of AI recommendations
  • Final pricing and project details are your responsibility
  • AI features may occasionally produce unexpected or incorrect results

9. Disclaimers and Limitation of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 No Guarantee of Accuracy

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that quotes generated will be accurate or suitable for your specific needs.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAINTQUOTE PRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless PaintQuote Pro and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content or customer data

11. Dispute Resolution

11.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@paintquotepro.com and attempt to resolve the dispute informally for at least 30 days.

11.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law.

11.3 Class Action Waiver

You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action.

12. Governing Law

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

13. Changes to Terms

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

  • Posting the updated Terms on this page
  • Updating the "Last Updated" date
  • Sending email notification for significant changes

Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination:

  • Your right to use the Service will immediately cease
  • You may request a data export within 30 days
  • We may delete your data after 90 days
  • Provisions that should survive termination will remain in effect

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PaintQuote Pro regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

If you have questions about these Terms, please contact us:

Email: legal@paintquotepro.com

Support: support@paintquotepro.com

Mail: PaintQuote Pro Legal Department
123 Business Ave, Suite 100
Austin, TX 78701

Phone: 1-800-PAINT-PRO

By using PaintQuote Pro, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.