Terms of Service

1. Service Description

PaintQuote AI is a software tool that helps painting contractors create professional estimates using voice recording and AI technology. The service includes estimate generation, client communication, digital signatures, invoicing, and payment collection.

2. AI Disclaimer & Your Responsibility

IMPORTANT — Your estimates are YOUR professional judgment:

• You remain the professional. AI extracts information from your voice notes. You are responsible for reviewing and verifying ALL measurements, quantities, and prices before sending any estimate.
• Verify every number. Do not send estimates you have not personally reviewed and approved. Check all measurements, material quantities, labor hours, and total pricing.
• Pricing is binding. Once you send an estimate and a client accepts it, the price is YOUR quote. If an estimate is too low due to incorrect input, you bear the responsibility. PaintQuote AI is not liable for your pricing decisions.
• AI does not calculate prices. All math is performed by deterministic TypeScript code based on YOUR rate database. AI only extracts text from your recordings.
• Estimates are proposals. A sent estimate is an offer to contract. The client may negotiate, and you may decline or modify before acceptance.

Do NOT rely on AI suggestions without verification. Always review, correct, and approve before sending.

3. Licensing, Insurance & Permits

You are solely responsible for maintaining proper licensing, permits, and insurance in your jurisdiction. PaintQuote AI does not:

• Verify your contractor license status or validity
• Verify state-required permits for your work
• Verify your general liability or workers' compensation insurance
• Verify bonding or performance bond requirements
• Guarantee compliance with local, state, or federal regulations

You represent and warrant that you maintain all required licenses, permits, general liability insurance, and workers' compensation coverage for your jurisdiction. The license number displayed on your estimates is provided by you and not independently verified.

4. E-SIGN Act Compliance

Digital signatures collected through PaintQuote AI comply with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 USC §7001). By using the signature feature:

• Both contractors and clients agree that electronic signatures have the same legal effect as handwritten signatures
• Signers may withdraw consent and request a paper copy at any time by contacting the contractor directly
• A complete audit trail is maintained: signer name, IP address, timestamp, device information, and explicit consent
• Signed documents are retained for 7 years as required by law
• Signers receive a confirmation copy via email after signing

5. Subscription & Billing

• Free 14-day trial on the Professional plan. No credit card required
• Paid plans are billed monthly through Stripe
• You can cancel anytime through the billing portal
• Refunds are handled on a case-by-case basis

6. Limitation of Liability

Our liability is limited to:

• The amount you paid for your subscription in the 12 months preceding the claim
• For trial or free-tier users: limited to $50 USD

We are NOT liable for:

• Errors in estimates you reviewed, approved, and sent to clients
• Lost profits or revenue from estimate pricing errors
• Claims from your clients about incorrect or disputed estimates
• Damages from work you performed based on your estimates
• Data loss (maintain your own records as backup)
• Service interruptions due to third-party providers (OpenAI, Stripe, Twilio)

Exception: Nothing in these terms limits our liability for willful misconduct, gross negligence, or data breaches involving your personal information caused by our security failures.

7. Data Ownership

You own all data you create in PaintQuote AI — estimates, invoices, client records, audio recordings, and pricing data. We do not claim ownership of your content.

8. Acceptable Use

You agree not to use PaintQuote AI to:

• Generate fraudulent estimates or invoices
• Impersonate other contractors
• Collect payments for services not rendered
• Violate local, state, or federal laws

9. SMS Communications (TCPA Compliance)

By using PaintQuote AI to send SMS messages to your clients, you represent and warrant that:

• You have obtained prior express written consent from each recipient before sending SMS through our platform
• You will not use our platform to send unsolicited bulk SMS messages
• You will honor all opt-out requests ("STOP" replies) within 24 hours
• You are solely responsible for TCPA compliance (47 USC §227) for messages sent through your account

PaintQuote AI is not liable for TCPA violations resulting from your failure to obtain proper consent.

10. Indemnification

You agree to indemnify, defend, and hold harmless PaintQuote AI, its officers, directors, and employees from any claims, damages, losses, or expenses arising from:

• Your use of the platform in violation of these Terms
• Estimates or invoices you create, approve, and send to clients
• SMS or email communications that violate CAN-SPAM, TCPA, or other laws
• Your failure to obtain required licenses, permits, or insurance
• Claims by your clients arising from work you performed
• Your violation of any third-party rights

11. Force Majeure

PaintQuote AI is not liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to: natural disasters, acts of government, internet outages, third-party service failures (including OpenAI, Stripe, Twilio, Supabase), cyberattacks, pandemics, or labor disputes.

During a force majeure event, our obligations are suspended. We will notify you promptly and take reasonable steps to mitigate the impact.

12. Dispute Resolution & Arbitration

Informal Resolution First: Before filing any formal dispute, you agree to contact us at legal@paintquote.ai and attempt to resolve the dispute informally within 30 days.

Binding Arbitration: If informal resolution fails, you and PaintQuote AI agree to submit the dispute to binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules.

• Arbitration location: Wilmington, Delaware (or remotely by videoconference)
• PaintQuote AI will cover arbitration filing fees up to $250 for claims under $10,000
• The arbitrator's decision is final and binding

Class Action Waiver: You and PaintQuote AI agree that arbitration will be conducted on an individual basis only. Neither party may bring claims as a class, collective, or representative action.

State exceptions: This arbitration clause does not apply where prohibited by state law. Residents of California, Illinois, New York, and other states with class action waiver restrictions retain their statutory rights to pursue class claims in court where state law prevails over this agreement.

Exceptions to Arbitration: Either party may bring claims in small claims court (under $10,000) or seek injunctive relief for intellectual property violations in any court of competent jurisdiction.

13. Governing Law

These terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any litigation not subject to arbitration shall be brought in the state or federal courts located in Wilmington, Delaware.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email at least 30 days before they take effect. Continued use of PaintQuote AI after changes take effect constitutes acceptance of the updated Terms.

15. Contact

Questions about these terms? Email us at legal@paintquote.ai

PaintQuote AI LLC · 1209 N Orange St, Wilmington, DE 19801