Terms of Service

These Terms of Service (the "Agreement" or"Terms") are a legal agreement between you ("User," "you," or "your") andBoma Digital Inc., a corporation located in Corunna, Ontario, Canada, operating under the trade name"Paint Portal" ("Company," "we," "us,"or "our"), governing your access to and use of the Paint Portal software application, including all associated web-based services, mobile applications, APIs, and related documentation (collectively, the"Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Eligibility and authority

1.1 You must be at least 18 years of age (or the age of majority in your jurisdiction, if higher) to use the Service.

1.2 If you access or use the Service on behalf of a business, company, or other organization, you represent and warrant that you have the legal authority to bind that organization to these Terms, and "you" and "your" refer to that organization.

2. License grant

2.1 Subject to these Terms and any applicable subscription plan, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business operations related to painting contracting, project management, estimating, invoicing, and related commercial activities.

2.2 Restrictions. This license does not include the right to:

1. sublicense, resell, rent, lease, distribute, or otherwise make the Service available to any third party;
2. modify, reverse-engineer, decompile, or disassemble any portion of the Service, except to the extent such a restriction is prohibited by applicable law;
3. copy, reproduce, or create derivative works based on the Service;
4. use the Service to develop a competing product or service;
5. remove, alter, or obscure any proprietary notices in the Service.

3. Description of service

3.1 Paint Portal is a cloud-based software-as-a-service ("SaaS") platform for professional painting contractors, providing tools for project management, estimating, scheduling, invoicing, client communication, financial tracking, crew management, and related operations.

3.2 The Service relies on the following third-party technologies and integrations:

• Firebase / Google Cloud Platform — cloud infrastructure, authentication, database (Firestore), file storage, and serverless functions.
• Stripe — payment processing, subscription billing, and payout services.
• Intuit QuickBooks Online — accounting integration for invoice sync and customer/vendor mapping (when connected by you).
• Google Workspace / Gmail SMTP — transactional email delivery.
• Twilio — text-message (SMS) delivery to clients who have opted in (when a business enables texting).
• Capacitor / native mobile frameworks — mobile application framework for iOS and Android.

3.3 You acknowledge that the availability, functionality, and terms of these third-party services are outside our direct control, that the Service may be affected by changes they make, and that your use of integrated third-party services may be subject to those providers' own terms and privacy policies.

3.4 Text message (SMS) terms

Businesses that use Paint Portal may send their clients text messages about that client's painting job ("Paint Portal job texts"). These terms apply to anyone who receives those texts.

• What you'll receive — messages about your job from the painting business you hired: that your quote is ready, appointment reminders, that the crew is on the way, payment receipts, and a request for a review after the job.
• How you opt in — you give the business permission when you book an estimate or job; the business records your consent in Paint Portal. Consent is not a condition of any purchase. See our text message program page for details.
• Frequency — message frequency varies, usually 2–6 messages per job.
• Cost — message and data rates may apply.
• Opt out — reply STOP to any message to stop receiving texts. You may receive one message confirming the opt-out, and no further texts unless you opt in again.
• Help — reply HELP for help, or email support@trypaintportal.com.
• Carriers — mobile carriers are not liable for delayed or undelivered messages.
• Privacy — see our Privacy Policy. No mobile information is shared with third parties or affiliates for marketing or promotional purposes.

4. Independent business operations

4.1 Not a party to your contracts. Paint Portal is a software tool. Boma Digital Inc. is not a party to, and assumes no responsibility or liability for, any contract, agreement, or transaction between you and your clients, customers, employees, subcontractors, vendors, or suppliers — including any painting, renovation, or other service contracts, estimates, quotes, invoices, payment obligations, warranties, or guarantees, whether created, sent, received, or managed through the Service or otherwise. Any dispute arising out of your contracts or business dealings is solely between you and the other party or parties to that contract.

4.2 No agency, partnership, or employment relationship. Nothing in these Terms, and no use of the Service, creates an agency, partnership, joint venture, franchise, or employment relationship between you and Boma Digital Inc. You operate as an independent business.

4.3 Your licenses, insurance, and regulatory compliance. You are solely responsible for obtaining and maintaining all business licenses, permits, insurance (including commercial general liability and workers' compensation coverage where required), and bonding required for your trade, and for complying with all applicable laws and regulations, including those governing contracting, employment, workplace safety, consumer protection, and the collection and remittance of taxes. Paint Portal does not verify, monitor, or ensure your compliance with any of the foregoing.

4.4 Payments from your clients. If you accept payments from your clients through the Service, those payments are processed by Stripe directly into your own Stripe account. You are the merchant of record for those payments and are responsible for any refunds, chargebacks, and payment disputes with your clients. Boma Digital Inc. does not receive, hold, or control those funds and is not a party to those payment transactions.

5. Account registration and security

5.1 To use the Service you must create an account and provide accurate, current, and complete information, and keep that information updated.

5.2 You are solely responsible for maintaining the confidentiality of your login credentials, for all activity occurring under your account (whether authorized by you or not), and for ensuring that all users in your organization comply with these Terms.

5.3 You must notify us immediately of any unauthorized use of your account or any other breach of security.

5.4 We may suspend or terminate any account that we reasonably believe is being used in violation of these Terms.

6. Data ownership and user content

6.1 Your data remains yours. You retain all rights, title, and interest in any data, content, files, photographs, documents, and other materials you upload, submit, or transmit through the Service ("User Content"). We do not claim ownership of your User Content.

6.2 Limited license to us. By using the Service, you grant us a limited, non-exclusive license to host, store, reproduce, process, transmit, and display your User Content solely as necessary to provide, maintain, and improve the Service. This license terminates when you delete your User Content or close your account, except for (a) residual copies retained in routine encrypted backups for up to ninety (90) days, and (b) anonymized and aggregated insights derived from your data before deletion (such as statistical models and benchmarks), which are designed so that no individual user or business can reasonably be identified from them.

6.3 No sale of your data. We will not sell, share, or distribute your User Content to any third party for marketing, advertising, or data-monetization purposes. Your data is shared with third-party services only as strictly necessary to provide functionality you have explicitly enabled (for example, syncing invoices to QuickBooks when you connect your account).

6.4 Data about your clients and employees. User Content often includes personal information about your clients, employees, and subcontractors. You represent and warrant that you have all consents and legal bases required to collect that information and enter it into the Service — including consent from crew members for location-based features and any consent required for communications you send to your clients through the Service. We process that data on your behalf and under your instructions, as described in our Privacy Policy.

7. Fees and payment

7.1 Fees. The Service is provided free of charge during the beta. After the beta, access to some or all features of the Service may require a paid subscription plan. You will not be charged unless you choose a paid plan. Fees for paid plans are as published on our website or presented to you at checkout, and are exclusive of applicable taxes, which you are responsible for paying.

7.2 Billing. Paid subscriptions are billed in advance on a recurring basis through our third-party payment processor (Stripe) using the payment method you provide. By providing a payment method, you authorize us and our payment processor to charge it for all fees owed under your plan.

7.3 Automatic renewal; cancellation. Paid subscriptions renew automatically for successive subscription periods until cancelled. You may cancel your subscription at any time through your account settings; cancellation takes effect at the end of the then-current billing period, and you will retain access until that time. Except as expressly stated in our published money-back guarantee terms, all fees are non-refundable.

7.4 Fee changes. We may change subscription fees upon reasonable prior notice; any change applies beginning with your first renewal following such notice.

7.5 Non-payment. We may suspend or terminate your access to the Service if fees are not paid when due.

8. Acceptable use

You agree not to use the Service to:

1. violate any applicable law or regulation;
2. transmit any unlawful, threatening, abusive, harassing, defamatory, or otherwise objectionable material;
3. impersonate any person or entity, or misrepresent your affiliation with any person or entity;
4. interfere with or disrupt the Service or any networks connected to the Service;
5. attempt to gain unauthorized access to any systems, accounts, or data;
6. use automated means (including bots, scrapers, or crawlers) to access the Service, except through APIs we expressly provide; or
7. upload or transmit viruses, malware, or other malicious code.

9. Disclaimer of warranties

9.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 Without limiting the foregoing, we do not warrant that:

1. the Service will be uninterrupted, timely, secure, or error-free;
2. the results obtained from the Service will be accurate, reliable, or complete;
3. any estimates, calculations, production rates, or financial projections produced by the Service will be accurate;
4. the Service will meet your specific requirements;
5. defects will be corrected; or
6. the Service is compatible with any particular hardware or software configuration.

While we take reasonable precautions — including maintaining backups, monitoring uptime, and implementing industry-standard security measures — we cannot guarantee uninterrupted or error-free operation at all times.

9.3 Not professional advice. Estimates, pricing suggestions, wage and labor calculations, and other figures produced by the Service are computational aids based on the data and settings you provide. They are not legal, tax, accounting, payroll, or financial advice. Paint Portal is not a payroll processor, accountant, or tax advisor. You are solely responsible for verifying all figures before relying on them, including quotes you send to clients and amounts you pay to employees or remit to tax authorities.

10. Limitation of liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOMA DIGITAL INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS; LOSS OF BUSINESS, CONTRACTS, OR OPPORTUNITIES; LOSS OF WAGES; LOSS OF DATA; LOSSES ARISING FROM INACCURATE ESTIMATES OR MISCALCULATIONS; LOSSES ARISING FROM INTEGRATION FAILURES (INCLUDING QUICKBOOKS, STRIPE, EMAIL, OR OTHER CONNECTED SERVICES); COST OF SUBSTITUTE GOODS OR SERVICES; OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

10.2 This limitation applies even if we have been advised of the possibility of such damages, and regardless of whether such damages arise from your use of or inability to use the Service, unauthorized access to or alteration of your data, or any other matter relating to the Service.

10.3 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR FIFTY U.S. DOLLARS ($50.00), WHICHEVER IS GREATER.

10.4 Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Boma Digital Inc. and its officers, directors, employees, agents, contractors, and affiliates from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. your use or misuse of the Service;
2. your violation of these Terms or of any law or third-party right;
3. any User Content you submit;
4. any dispute between you and your clients, employees, subcontractors, vendors, or other third parties, including any claim that Boma Digital Inc. is a party to or liable under any contract between you and your clients; or
5. your failure to obtain any required consent, license, permit, insurance, or bonding.

12. Service availability and modifications

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, and we are not liable to you or any third party for doing so. We may perform scheduled and unscheduled maintenance that temporarily renders the Service unavailable; we will make reasonable efforts to give advance notice of planned maintenance but are not obligated to do so.

13. Data backup and recovery

We implement industry-standard measures to protect and back up your data through Google Cloud Platform's infrastructure, including automated cloud backups, redundant storage, encryption at rest, and geographic replication. However, no cloud-based system can guarantee 100% data availability or recovery under all circumstances, and you are solely responsible for maintaining independent backups of your critical business data. To the maximum extent permitted by law, Boma Digital Inc. shall not be liable for any loss of, damage to, or inability to access your data, whether caused by system failures, security incidents, accidental deletion, third-party outages, software updates, or service discontinuation.

14. Intellectual property

14.1 The Service — including all software code, visual design, user-interface elements, logos, trademarks, documentation, and proprietary algorithms — is and remains the exclusive property of Boma Digital Inc. These Terms do not transfer to you any ownership or intellectual-property rights in the Service, and all rights not expressly granted are reserved.

14.2 Feedback. If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback without obligation or compensation to you.

15. Termination

15.1 Either party may terminate this Agreement at any time. You may terminate by discontinuing your use of the Service and closing your account.

15.2 We may suspend or terminate your access to the Service immediately and without prior notice if you violate these Terms, fail to pay subscription fees when due, or engage in conduct we determine, in our reasonable discretion, is harmful to other users, to us, or to third parties. We may terminate for any other reason upon thirty (30) days' notice.

15.3 Effect of termination. Upon termination, your license to use the Service ceases immediately, and you must stop all use of the Service. We will make reasonable efforts to provide you with a reasonable window to export your data following termination, except where your access was terminated for serious violation of these Terms. Termination does not relieve you of payment obligations accrued before termination.

16. Governing law and dispute resolution

16.1 Governing law. These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws principles. Nothing in these Terms limits any rights you have under the mandatory consumer-protection or other laws of your place of residence that cannot be waived by agreement.

16.2 Informal resolution. Before initiating any formal dispute-resolution proceeding, you agree to contact us at support@trypaintportal.com and attempt to resolve the dispute through good-faith negotiation for thirty (30) days.

16.3 Binding arbitration. If a dispute is not resolved through informal negotiation within thirty (30) days, either party may elect to resolve it by final and binding arbitration on an individual basis, administered under the applicable rules of the ADR Institute of Canada (ADRIC) or, for U.S.-based users, the American Arbitration Association (AAA). Arbitration will be conducted remotely unless both parties agree to an in-person hearing. Each party bears its own legal costs; Boma Digital Inc. will pay arbitration filing and arbitrator fees to the extent they exceed the filing fee you would have paid to bring the same claim in court, unless the arbitrator determines your claim was frivolous or brought in bad faith.

16.4 Class-action waiver. Dispute-resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action or class-wide arbitration against Boma Digital Inc.

16.5 Small-claims court. Either party may instead bring an individual action in small-claims court for disputes within that court's jurisdiction.

16.6 Opt-out right. You may opt out of the arbitration and class-action-waiver provisions (Sections 16.3 and 16.4) by sending written notice to support@trypaintportal.com within thirty (30) days of first creating your account, including your full name, account email address, and a clear statement that you wish to opt out. If you opt out, disputes will be resolved in the courts of Ontario, Canada or, for U.S.-based users, a court of competent jurisdiction in your state of residence.

17. General provisions

17.1 Severability. If any provision of these Terms is held unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

17.2 Entire agreement. These Terms, together with our Privacy Policy and, if you purchase a paid plan, the published terms of our money-back guarantee, constitute the entire agreement between you and Boma Digital Inc. regarding the Service and supersede all prior communications, agreements, and understandings, whether written or oral, relating to the Service.

17.3 Assignment. You may not assign or transfer these Terms, or your rights or obligations under them, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, without your consent.

17.4 No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision or any other provision at a later time.

17.5 Survival. Sections 4, 6 (with respect to backup copies and anonymized insights), 9, 10, 11, 14, 16, and 17 survive any termination or expiration of these Terms.

17.6 Notices. We may provide notices to you through the Service or by email to the address associated with your account. You may provide notices to us at support@trypaintportal.com.

17.7 Force majeure. Boma Digital Inc. is not liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including natural disasters, acts of war or terrorism, pandemics, power outages, internet or telecommunications failures, failures of third-party cloud providers (including Google Cloud Platform, Firebase, and Stripe), government actions, or labor disputes.

17.8 Headings. Section headings are for convenience only and have no legal effect.

18. Changes to these Terms

We may modify these Terms at any time. For material changes, we will update the "Last updated" date above and, where feasible, provide notice through the Service or by email. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them. If you do not agree to the revised Terms, your sole remedy is to discontinue your use of the Service.

19. Contact information