Terms of Service
Last updated: March 25, 2026
1. Acceptance of Terms
By accessing or using the Paint Executive platform, website, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Services.
"Paint Executive," "we," "us," and "our" refer to Paint Executive and its affiliates. "You" and "your" refer to you, the user of the Services.
2. Description of Services
Paint Executive provides a software-as-a-service (SaaS) platform for painting businesses, including but not limited to:
- Lead capture and management
- Estimation and proposal generation
- E-signature and deposit collection
- Job scheduling and production tracking
- Subcontractor management and assignment
- Customer portal with real-time project updates
- Invoicing and payment processing
- Accounting integrations
- Business analytics and reporting
3. Account Registration
To use certain features of the Services, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your login credentials confidential and not share them with third parties
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
4. Subscription and Payment
4.1 Plans and Pricing
The Services are offered under subscription plans as described on our Pricing page. We reserve the right to modify pricing with 30 days' advance notice to active subscribers.
4.2 Billing
Subscription fees are billed in advance on a monthly or annual basis. Payments are processed securely through Stripe. You authorize us to charge the payment method on file for all applicable fees.
4.3 Free Trial
If you sign up for a free trial, you will have access to the Services for the trial period at no cost. At the end of the trial period, you will be required to select a paid subscription plan to continue using the Services.
4.4 Cancellation and Refunds
You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. We do not provide pro-rated refunds for partial billing periods. Annual subscriptions may be eligible for a pro-rated refund within the first 30 days.
5. Acceptable Use
You agree not to:
- Use the Services for any illegal purpose or in violation of any applicable laws
- Attempt to gain unauthorized access to the Services, other accounts, or our systems
- Interfere with or disrupt the integrity or performance of the Services
- Reverse engineer, decompile, or disassemble any part of the Services
- Upload or transmit viruses, malware, or other harmful code
- Use automated tools (scrapers, bots) to access the Services without prior written consent
- Share, resell, or sublicense the Services to third parties without authorization
6. Data Ownership and Intellectual Property
6.1 Your Data
You retain all rights to the business data you enter into the platform (estimates, proposals, client records, etc.). We do not claim ownership of your data. You grant us a limited license to use, process, and store your data solely to provide the Services.
6.2 Our Intellectual Property
The Services, including all software, algorithms, designs, documentation, and content created by Paint Executive, are protected by copyright, patent, trademark, and other intellectual property laws. Our patent portfolio includes 7 pending applications covering key platform innovations. You may not copy, modify, distribute, or create derivative works of the Services.
7. Data Export and Portability
You may export your data at any time through the platform's export features. Upon account termination, we will make your data available for export for 90 days. After that period, your data will be permanently deleted from our systems.
8. Third-Party Integrations
The Services integrate with third-party platforms including Stripe, QuickBooks, SendGrid, Twilio, and others. Your use of these integrations is subject to the respective third-party's terms of service and privacy policies. We are not responsible for the actions or policies of third-party providers.
9. Service Availability
We strive to maintain 99.9% uptime for the Services. However, we do not guarantee uninterrupted access and may perform scheduled maintenance with advance notice. We are not liable for downtime caused by factors outside our control, including internet outages, third-party service failures, or force majeure events.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAINT EXECUTIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, REVENUE, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
12. Indemnification
You agree to indemnify and hold harmless Paint Executive and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Services, violation of these Terms, or infringement of any third-party rights.
13. Termination
We may suspend or terminate your access to the Services at any time for cause, including violation of these Terms, non-payment, or activity that threatens the security or integrity of the platform. You may terminate your account at any time through your account settings or by contacting us.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Travis County, Texas.
15. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify active subscribers of material changes at least 30 days in advance via email. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
16. Contact
If you have questions about these Terms of Service, please contact us at:
- Email: legal@ondemandpainters.com
- Contact form: ondemandpainters.com/contact
