Terms of Service

1. This agreement

By creating an account, submitting the setup form, or using PainterOS you agree to these terms. If you are agreeing for a company, you confirm you can bind it. You must be 18 or older and using PainterOS for a business.

2. What the service is

PainterOS is subscription software for running a painting business: quoting, scheduling, customer records, invoicing, and a checkout that collects money into your own payment account. It is software only. PainterOS is software. Nothing on this site is legal, tax, accounting, payroll, insurance or licensing advice, and nothing here is an offer, a quote, or a guarantee of a specific outcome. Consult your own professionals.

3. Fees

We may change fees with at least 30 days’ notice. Because there is no term commitment, your remedy if you dislike a change is to stop using the service before it takes effect.

4. Payments, payouts and surcharging

Payment processing, payout timing, underwriting, risk decisions and card-network fees are provided by our third-party payments partner under its terms, which you accept at signup. You open a payment account in your own business's name; PainterOS is the software platform on that account and is not the merchant of record on your sales. The partner verifies your identity, business and bank details before paying out and may request documents, delay a payout, hold a reserve, or decline or close an account under its own rules. Not every applicant is approved, some businesses it does not accept, and payments features require an approved payment account.

Money collected settles into the payment account in your own name, and your business name is what the customer and the cardholder’s statement show — you are the seller on your own sales, responsible for the work, the warranty and the refunds. We do not hold your funds as float and we are not a bank, a money transmitter, a payment processor, or the merchant of record. Because the payment account is opened through the PainterOS platform, it cannot be transferred to another software platform if you leave; pending payouts still settle to your bank and your records still export.

If you pass card costs to your customers

Surcharging credit cards is permitted in most U.S. states but prohibited in Connecticut, Massachusetts, Puerto Rico. Where it is allowed, the surcharge may never exceed your cost of acceptance and is capped by the card networks at 3% (Visa) and 4% (Mastercard), stricter state caps apply in some places (Colorado caps it at 2%), New York requires the total credit-card price to be posted up front, and it can never be applied to debit and prepaid cards. Your acquirer must be given 30 days' written notice before it is switched on.

• Surcharging credit cards is prohibited in Connecticut, Massachusetts, Puerto Rico.
• It can never be applied to debit or prepaid cards, and never exceed your actual cost of acceptance.
• You are responsible for how you bill your customers, for the disclosures your state requires, and for complying with card-network operating rules — including giving your acquirer written notice before switching surcharging on.

You also agree to charge your customers honestly, to honor your own refund and warranty promises, and not to use PainterOS to collect for work you have not agreed to perform.

5. Your data

Your business records and your customers’ information remain yours. You grant us only the licence needed to host, process, back up and display that data to run the service, and to produce aggregated, de-identified statistics that cannot be tied to you or your customers. You can export your data at any time; after termination we keep it for 30 days so you can retrieve it, then delete or de-identify it, except where law requires retention.

You are responsible for having the right to send messages to your customers, for the content of what you send, and for your own privacy notices to them. See the Privacy Policy.

6. Acceptable use

• Do not send unlawful, deceptive, harassing or unconsented messages through the product.
• Do not attempt to breach, probe, overload or reverse-engineer the service.
• Do not resell, sublicense or white-label the service without our written agreement.
• Do not use the service for anything illegal, or in a way that violates card-network rules.

7. Intellectual property and third-party marks

We own PainterOS, its software, design and content, apart from your data. Third-party names, logos, color names and color codes referenced in the product belong to their owners and are used for identification only. See Disclosures.

8. Availability and support

We aim to keep the service available and will give notice of planned maintenance where we can, but we do not commit to a specific uptime percentage unless we have signed a separate written service-level agreement with you. Beta or clearly labeled preview features are provided as-is and may change or disappear.

9. Disclaimers

Except as expressly stated here, the service is provided “as is” and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows. Figures are illustrations of how the software works, not a promise of results. What you experience depends on your prices, your market and how you use the product. Product screens are illustrations. Names, jobs and amounts shown are fictional and do not depict real customers or results.

10. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data. Our total liability arising out of this agreement is limited to the greater of (a) the fees you paid us in the 12 months before the claim and (b) $500. Nothing here limits liability that cannot be limited by law, including for fraud or willful misconduct.

11. Indemnity

You will defend and indemnify us against third-party claims arising from your use of the service, your messages to your customers, your billing practices including any surcharge you apply, and your work for your customers.

12. Term, suspension and termination

Either party may terminate at any time. We may suspend an account immediately for non-payment, suspected fraud, a card-network or partner requirement, or a serious breach of these terms, and will tell you why. Fees already earned are not refundable except as stated in section 3.

13. Governing law and disputes

These terms are governed by the laws of the U.S. state in which we are organized, excluding its conflict-of-laws rules. We will each try in good faith to resolve a dispute informally for 30 days after written notice before starting a proceeding. Claims must be brought individually; neither of us will bring a class or representative action. Either of us may bring a qualifying claim in small claims court.

14. Everything else

• Notices: we may notify you at the email or mobile number on your account; you may send notices to us at the contact published on this site.
• Assignment: you may not assign this agreement without our consent; we may assign it in connection with a merger or sale of the business.
• Entire agreement: this document plus any signed order form is the whole agreement, and it replaces anything said in marketing copy, on a call, or on any other page of this site.
• Severability and waiver: if a provision is unenforceable the rest survives, and not enforcing a right is not a waiver of it.
• Force majeure: neither party is liable for delays caused by events beyond its reasonable control.

Where this page and any other page of this site disagree about what we charge or promise, this page governs.