1. Acceptance of Terms
By accessing or using the Tom Sawyer Fence Painting software platform, website, mobile application, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Tom Sawyer Fence Painting ("Company," "we," "us," or "our"), a California-based business located in San Diego County, California.
2. Description of Service
The Service is a business management platform designed for fence painting and exterior coating professionals. Features may include, but are not limited to: customer relationship management (CRM), estimate and invoice generation, job scheduling, QuickBooks accounting integration, photo documentation, Zone Zero fire-compliance tools, and homeowner association (HOA) project management.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
3. Account Registration
To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You must notify us immediately at [email protected] if you suspect any unauthorized use of your account. We reserve the right to terminate accounts that violate these Terms.
4. Third-Party Integrations (QuickBooks)
The Service may integrate with Intuit QuickBooks and other third-party platforms ("Third-Party Services"). By connecting a Third-Party Service to your account, you authorize us to access, store, and process data from that service on your behalf in accordance with the permissions you grant.
Your use of QuickBooks and other Third-Party Services is governed by the respective terms of service and privacy policies of those providers. We are not responsible for the availability, accuracy, or conduct of Third-Party Services. Intuit, QuickBooks, and related marks are trademarks of Intuit Inc., used solely for identification purposes.
We will only access QuickBooks data to the extent necessary to provide the features you have enabled, such as syncing invoices, customers, and payments. We will not sell or share your QuickBooks data with any party other than as described in our Privacy Policy.
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable federal, state, or local law or regulation.
- Transmit any content that is unlawful, harmful, defamatory, or fraudulent.
- Attempt to gain unauthorized access to any part of the Service or its related systems.
- Reverse engineer, decompile, or disassemble any part of the Service.
- Use automated tools to scrape, crawl, or extract data from the Service without our written consent.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Interfere with or disrupt the integrity or performance of the Service.
6. Intellectual Property
The Service and all content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, and software — are the exclusive property of Tom Sawyer Fence Painting or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms. This license does not include the right to resell or commercially exploit the Service or its content.
7. User Content
You retain ownership of any data, photos, documents, or other content you upload or submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to use, store, display, and process your User Content solely to provide and improve the Service.
You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate any third-party rights or applicable laws.
8. Payment and Billing
Certain features of the Service may require payment of fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise specified. We reserve the right to change our pricing with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
Failure to pay applicable fees may result in suspension or termination of your access to paid features.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER 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 SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Zone Zero fire-hazard zone lookup tool is provided for informational purposes only and is not a substitute for official determinations by CAL FIRE, the City of San Diego, or other governmental authorities. Always verify your property's fire hazard zone status with the appropriate agency.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOM SAWYER FENCE PAINTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.
11. Indemnification
You agree to indemnify, defend, and hold harmless Tom Sawyer Fence Painting and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
12. Termination
We may terminate or suspend your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or the public. You may terminate your account at any time by contacting us at [email protected].
Upon termination, your right to use the Service will immediately cease. Sections 6, 9, 10, 11, and 14 of these Terms will survive termination.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new effective date. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
15. Contact Us
If you have any questions about these Terms, please contact us: