Terms of Service

These Terms of Service (the “Terms”) are an agreement between Pixel Burst Labs (“we”, “us”) and the business that signs up for TradeBurst (“you”, the “Customer”). They govern your use of the TradeBurst software, websites and related services (the “Service”). By creating an account or using the Service, you agree to these Terms. If you accept them for a company, you confirm that you have authority to bind that company.

1. The Service

TradeBurst is business software for contractors. It includes lead and customer management, scheduling, an in-home sales app, proposals and electronic signatures, job and crew management, a customer portal, a hosted website with blog and service-area pages, and messaging tools. Features vary by plan as described on our pricing page. We may improve, change or retire features; we won't materially reduce the core functionality of a paid plan during a paid term.

2. Accounts and users

• You must be a business, and the person signing up must be at least 18 years old.
• You are responsible for everyone you give access to your account (your “Users”), for their actions, and for keeping passwords secure. Tell us promptly at support@tradeburst.app if you suspect unauthorized access.
• Information you give us when signing up and later must be accurate and kept current.
• Your customers may get portal access to see their own projects. They use the portal on your behalf and you are responsible for that access.

3. Free trial

New accounts may start with a free trial of 14 days. The trial is provided as is, without any commitment from us. To keep using the Service after the trial, you must choose a paid plan and provide a payment method. If you don't, we may pause your account; your data is kept for 30 days and then deleted.

4. Plans, fees and billing

• Subscriptions are billed in advance, monthly or annually, and renew automatically for the same period until cancelled. Fees for additional staff users are billed with your subscription.
• Fees are in US dollars and exclude taxes. You are responsible for applicable sales, use and similar taxes, other than taxes on our income.
• Except where the law requires otherwise, fees are non-refundable, and we don't give refunds or credits for partial periods, unused users or downgrades.
• We may change prices with at least 30 days' notice. Changes apply from your next renewal.
• One-time services (such as done-for-you setup) are due when ordered and are non-refundable once work has started.
• If a payment fails and isn't fixed within 14 days of notice, we may suspend the Service.

5. Your third-party accounts

Some features use accounts you hold with other providers, such as Twilio (texts and calls), SendGrid (email), Google (AI features and business profile) and Stripe (payments). You connect those accounts by giving us credentials or authorization. For those services:

• Your relationship is with the provider, under its terms, and you pay its fees directly.
• You authorize us to use the credentials only to provide the Service to you. We restrict access to them and don't display them back in full.
• We are not responsible for a provider's availability, pricing, decisions (for example, rejecting or suspending a texting registration) or changes to its service.
• If you buy our setup service, we act on your instructions and in your name with those providers; you remain the account holder and are responsible for the information submitted.

6. Your legal responsibilities

You are solely responsible for complying with the laws that apply to your business and your use of the Service, including:

• Texting and calling: the Telephone Consumer Protection Act, state telemarketing and “mini-TCPA” laws, carrier rules and A2P 10DLC registration requirements. You must have the consent the law requires before texting or calling anyone, honor opt-outs, and keep proof of consent.
• Email: the CAN-SPAM Act and similar laws, including honoring unsubscribe requests.
• Contracting: contractor licensing, home-improvement and consumer protection laws (such as required disclosures, cancellation rights and payment limits), building codes, permits and warranties.
• Contracts and documents: any contract, proposal, warranty or form you send through the Service. Templates we provide are samples only and are not legal advice. Have your own attorney review the documents you use.
• Privacy: giving your customers any notices and obtaining any consents required for the information you collect and store in the Service, and responding to their privacy requests.
• Advertising: the accuracy of your website, reviews, claims and pricing you publish.

We do not provide legal, tax or accounting advice.

7. Your data

• You own the data you and your Users put into the Service, including your customers' information, jobs, documents, photos and website content (“Customer Data”).
• You grant us a limited license to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, and as you instruct (for example, publishing your website).
• We process personal information in Customer Data on your behalf, as your service provider, as described in our Privacy Policy. We don't sell it and don't use it to market to your customers.
• We may use aggregated, de-identified information about how the Service is used to operate and improve it, provided it does not identify you, your Users or your customers.
• You can export your data while your account is active and for 30 days after it ends. After that we delete it from active systems; backups are overwritten on their normal schedule.

8. AI features

Some features generate content with artificial intelligence, such as blog drafts, product images or message suggestions. AI output can be inaccurate, incomplete or similar to content produced for others. Review it before you publish or send it; you are responsible for content you use. When you use your own AI provider account, its terms also apply.

9. Your website and domains

• Each company gets an address on tradeburst.app. If you connect your own domain, you keep ownership of it and are responsible for its registration and DNS.
• You are responsible for the content on your website, including that you have rights to the text, photos and logos you upload. We may remove content that violates these Terms or the law.
• We do not guarantee search rankings, traffic or leads.

10. Acceptable use

You and your Users must not:

• send spam, or texts or calls without required consent;
• upload unlawful, infringing, deceptive or harmful content, or malware;
• use the Service to harass anyone or to discriminate unlawfully;
• try to access other companies' data or bypass security or usage limits;
• resell the Service, or copy or reverse-engineer it, except where the law allows;
• overload the Service or use it in a way that degrades it for others.

11. Our property

We own the Service, including its software, design and templates, and grant you a non-exclusive, non-transferable right to use it during your subscription under these Terms. If you send us feedback, we may use it without obligation to you.

12. Availability and support

We use commercially reasonable efforts to keep the Service available and secure, but it may occasionally be unavailable for maintenance or reasons outside our control. Support is by email at support@tradeburst.app.

13. Cancellation, suspension and termination

• You may cancel at any time; cancellation takes effect at the end of the current billing period.
• We may suspend or terminate your access if you materially breach these Terms (including non-payment or unlawful messaging) and don't cure the breach after notice, or immediately where needed to prevent harm or comply with law.
• Sections that by their nature should survive termination (including fees owed, data, disclaimers, limits of liability, indemnity and governing law) survive.

14. Confidentiality

Each party will protect the other's non-public information with reasonable care and use it only to perform under these Terms, except information that is public, already known, independently developed or required to be disclosed by law.

15. Disclaimers

Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We don't warrant that the Service will be error-free or uninterrupted, or that calculations, prices, measurements or documents it produces are correct for your situation; check them before relying on them.

16. Limitation of liability

To the fullest extent the law allows: (a) neither party is liable for lost profits, revenue, data or goodwill, or for indirect, incidental, special, consequential or punitive damages; and (b) each party's total liability arising out of these Terms is limited to the fees you paid us for the Service in the 12 months before the event giving rise to the claim. These limits don't apply to your payment obligations, your indemnity obligations, or a party's gross negligence, willful misconduct or fraud.

17. Indemnity

You will defend and indemnify us against third-party claims arising from Customer Data, your work or contracts with your customers, your messages and calls, or your breach of these Terms or the law, and pay resulting damages and reasonable costs, provided we notify you promptly and let you control the defense.

18. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws rules. The state and federal courts located in Arizona have exclusive jurisdiction, and each party consents to them. Before filing a claim, each party will first try to resolve the dispute informally for 30 days after written notice.

19. Changes to these Terms

We may update these Terms. For material changes we will notify account owners by email or in the Service at least 30 days in advance. Continuing to use the Service after changes take effect means you accept them. If you don't agree, you may cancel before they take effect.

20. General

• These Terms, with our Privacy Policy and any order you place with us, are the entire agreement.
• Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all of its business.
• We send notices to the account owner's email; you send notices to legal@tradeburst.app.
• Neither party is liable for delays caused by events beyond its reasonable control.
• If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver.

21. Contact

Pixel Burst Labs. Email: legal@tradeburst.app.