Terms of Service

Last Updated: June 10, 2025

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the PainterCRM web application (the "Service") operated by Nicholas Nagle, operating as PainterCRM ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

1. Description of Service & Important Disclaimers

PainterCRM is a customer relationship management (CRM) software designed to assist painting businesses and similar service providers in managing client interactions, projects, estimates, and related business processes.

Service "AS IS" and "AS AVAILABLE": The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

New System - Alpha/Beta Nature: You acknowledge that PainterCRM is a new service and is currently in an early stage of development. As such, the Service may contain bugs, errors, inaccuracies, and may not be complete or fully functional. It may undergo significant changes, or may be discontinued. You acknowledge and accept the risks associated with using such a new system, including but not limited to data loss or service interruptions. We are not liable for any issues arising from these bugs, limitations, or the developmental nature of the Service.

2. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3. User Responsibilities & Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

4. Fees, Payments, and Subscriptions

Access to certain features or the entirety of the Service is subject to fees, such as a monthly or annual subscription ("Subscription").

Price Changes: We reserve the right to change our Subscription fees at any time. Any price changes will be effective immediately for new users of the Service. For existing subscribers, the price change will take effect at the end of your then-current billing cycle (e.g., at the end of your current paid month or year). We will provide you with reasonable prior notice of any price changes that will apply to you.

Promotional and Discretionary Pricing: We may, at our sole discretion, offer certain users promotional rates, grandfathered pricing from a previous plan, or other discounts. Such offers are not guaranteed and do not entitle any other user to the same or similar pricing.

Payment: You agree to pay all applicable fees for your Subscription. We use a third-party payment processor to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.

Automatic Renewal and Cancellation: Subscriptions will automatically renew for successive periods unless you cancel your Subscription before the end of the then-current subscription period. You may cancel your Subscription through your account settings or by contacting us.

Refund Policy: Except when required by law, paid Subscription fees are non-refundable.

Taxes: You are responsible for all taxes associated with your purchase of the Service (like sales tax), which will be added to your bill if applicable.

5. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Nicholas Nagle, operating as PainterCRM and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

User Content: You retain all rights in, and are solely responsible for, the Content you post, upload, input, provide, or submit to the Service (e.g., your client data, project details) ("User Content"). You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify (for formatting purposes), display, and distribute your User Content solely for the purpose of operating, providing, and improving the Service for you and other users.

6. Term and Termination

These Terms will remain in full force and effect while you use the Service.

You may terminate your account and stop using the Service at any time. Instructions for terminating your account can be found within the Service or by contacting us at nicholasnagle9@gmail.com.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If your account is terminated, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, we may delete your User Content from our live databases. However, residual copies may remain in our backup systems for a limited period. We are not liable for any loss or damage as a result of termination or data deletion.

7. Disclaimer of Warranties

AS STATED IN SECTION 1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT YOU ACCESS THE SERVICE AT YOUR OWN RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nicholas Nagle, operating as PainterCRM, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES (IF ANY IN THE FUTURE), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; AND (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST THREE MONTHS FOR THE SERVICE IN QUESTION (IF ANY).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Nicholas Nagle, operating as PainterCRM and its licensee and licensors, and their employees, contractors, agents, officers, and directors (if any in the future), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

10. Governing Law & Dispute Resolution

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Dispute Resolution; Binding Arbitration: You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND PAINTERCRM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules. The arbitration will be conducted in Gloucester County, New Jersey, unless you and we agree otherwise.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Non-material changes, such as corrections or clarifications, may be made without notice and are effective immediately upon posting the updated Terms. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you must stop using the Service.

12. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13. Contact Us

If you have any questions about these Terms, please contact us at: nicholasnagle9@gmail.com