These Terms of Service (the “Terms”) govern your access to and use of Pro PaintOps by CWS (the “Service”), a software platform offered by Construction WorkFlow Solutions, LLC (“CWS,” “we,” “us,” or “our”). By creating an account, clicking “I agree,” or otherwise accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using the Service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
2. Description of Service
Pro PaintOps by CWS is a customer relationship and operations platform built for residential and commercial painting contractors. The Service includes tools for client management, estimating, proposal generation, scheduling, crew management, and customer communication. We may modify, add, or remove features from time to time.
3. Accounts and Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us promptly at support@propaintlogic.com if you suspect unauthorized access.
4. Subscription and Billing
Use of the Service requires a paid subscription at the rates in effect at the time of purchase. You select a plan when you create your account and your card is charged immediately for the first month. Subscription fees are billed monthly in advance and are non-refundable except where required by law. You may cancel at any time from the Billing page; access continues through the end of the billing period already paid for. We may change pricing on prospective renewals with reasonable notice.
5. Acceptable Use
You agree not to:
- Use the Service to violate any law or third-party right;
- Send unsolicited commercial messages or spam, including SMS or email to recipients who have not consented to receive them;
- Attempt to reverse engineer, decompile, scrape, or interfere with the Service or its underlying infrastructure;
- Upload malicious code, attempt to gain unauthorized access, or disrupt other customers’ use of the Service;
- Use the Service to harass, defraud, or impersonate any person or entity.
6. Customer Data and Ownership
You retain all rights in the data you upload to the Service, including information about your own clients, jobs, estimates, and proposals (“Customer Data”). You grant CWS a limited license to host, process, transmit, and display Customer Data solely to provide and improve the Service. You are responsible for the accuracy and legality of Customer Data and for having any necessary consents to store it and to send messages to your end customers.
7. Third-Party Services
The Service integrates with third-party providers to deliver certain features, including:
- Twilio for outbound SMS messaging;
- SMTP email providers for transactional and proposal emails;
- Google Maps for address lookup, routing, and property information;
- OpenAI for AI-assisted estimating and content generation;
- Cloud hosting providers for application hosting and data storage.
Your use of these features is also subject to the terms and policies of the respective providers. CWS is not responsible for the acts or omissions of any third-party service.
8. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Estimates, pricing formulas, schedules, and AI-assisted outputs are tools to support your business judgment and are not a substitute for professional review. We do not warrant that the Service will be uninterrupted, error-free, or secure.
9. Limitation of Liability
To the maximum extent permitted by law, CWS and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities. Our total aggregate liability arising out of or related to the Service will not exceed the greater of (a) the amount you paid CWS in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred US dollars (US $100).
10. Termination
You may cancel your subscription at any time from your account settings. We may suspend or terminate your access to the Service at any time if you breach these Terms, fail to pay fees, or use the Service in a way that creates risk for CWS or other customers. Upon termination, your right to access the Service ends, and we may delete Customer Data after a reasonable retention period.
11. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-app notice). Continued use of the Service after the effective date of updated Terms constitutes acceptance of the changes.
12. Governing Law
These Terms are governed by the laws of the State of [State], United States, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [County, State] for any dispute that is not subject to arbitration or small-claims court.
13. Contact
Questions about these Terms? Contact us at legal@propaintlogic.com.