Terms of Service

1. Acceptance of Terms

By accessing or using BrawnPro ("the Service"), operated by BrawnPro ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service.

By creating an account, you represent that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or the business entity you represent.

2. Description of Service

BrawnPro is a cloud-based, multi-tenant software-as-a-service (SaaS) platform designed for home service businesses, including but not limited to plumbers, electricians, HVAC technicians, landscapers, cleaners, painters, roofers, and general contractors. The Service provides:

• Customer relationship management (CRM)
• Invoicing and estimates
• Point-of-sale (POS) processing
• Calendar and appointment booking
• Email marketing campaigns
• Review collection and management
• Job photo documentation
• AI-powered phone agent
• QuickBooks Online synchronization
• Digital forms and e-signatures
• Inventory management
• Business reporting and analytics

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

3. User Accounts and Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account
• Ensure that any team members or employees you add to your account comply with these Terms

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Subscription and Billing

BrawnPro offers both free and paid subscription plans. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase.

• Free Trial: New accounts receive a 14-day free trial with full access to Business-tier features. No credit card is required to start a trial. You will not be charged during the trial period. At the end of the trial, your account will automatically revert to the Free plan unless you subscribe to a paid plan. Free trials may be modified or discontinued at any time at our discretion.
• Paid Plans: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. Fees are non-refundable except as required by applicable law.
• Annual Plans: Annual subscriptions are billed once per year at a discounted rate. Annual fees are non-refundable. Your service remains active for the full paid period regardless of cancellation date.
• Upgrades: Plan upgrades take effect immediately. Your billing cycle resets and you are charged the new plan rate.
• Downgrades: Plan downgrades take effect at the end of your current billing cycle. You retain all features of your current plan until the cycle ends. No partial refunds are issued for downgrades.
• Price Changes: We reserve the right to change pricing with at least 30 days' notice. Price changes will take effect at the start of your next billing cycle.
• Payment Processing: Subscription payments are processed through Stripe, a third-party payment processor. By providing payment information, you agree to Stripe's terms and conditions.
• Failed Payments: Failure to pay may result in suspension or termination of your account. We will make reasonable efforts to notify you of payment issues before taking action.

4a. Usage-Based Fees and Surcharges

In addition to subscription fees, certain features of the Service incur usage-based charges:

• AI Phone Agent:The AI-powered phone agent feature is billed on a per-minute basis. Rates vary by plan (e.g., $0.30/min on Free, $0.28/min on Starter, $0.26/min on Pro, $0.20/min on Business). Per-minute rates are subject to change with 30 days' notice. Usage charges are billed at the end of each billing cycle or when a usage threshold is reached. AI Phone Agent responses are generated by artificial intelligence and may not always be accurate. You are responsible for reviewing and verifying any information the AI provides to your callers.
• Payment Processing Surcharge:When you collect payments from your customers through BrawnPro's integrated payment processing (powered by Stripe or Square), a flat 1% BrawnPro platform fee applies on top of the payment processor's standard processing fees. You are responsible for the payment processor's standard fees (e.g., Stripe's 2.9% + $0.30 per transaction for US cards) in addition to the BrawnPro platform fee. You are responsible for ensuring that any surcharges or fees you pass on to your customers comply with applicable laws and card network rules in your jurisdiction.
• Email Campaigns:Email sending is included within plan limits via our email delivery partner (Brevo). Exceeding plan limits may result in throttling or temporary suspension of email features. We do not currently charge overage fees for email, but reserve the right to introduce usage limits with 30 days' notice.

Current usage-based rates are displayed on our pricing page. We will notify you via email at least 30 days before any rate changes take effect.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or ordinance
• Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Send unsolicited communications (spam) through the Service, including bulk email or SMS campaigns to recipients who have not opted in
• Impersonate any person or entity or falsely represent your affiliation
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
• Use the Service for any fraudulent or illegal purpose
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Service
• Scrape, crawl, or use automated means to access the Service without our written permission
• Resell, sublicense, or redistribute the Service to third parties without our written authorization

Violation of this acceptable use policy may result in immediate suspension or termination of your account.

6. Intellectual Property

The Service, including all software, designs, text, graphics, logos, icons, user interface elements, and the arrangement thereof, is the exclusive property of BrawnPro and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service, unless laws prohibit these restrictions or you have our written permission.

"BrawnPro" and the BrawnPro logo are trademarks of BrawnPro. You may not use these marks without our prior written consent.

7. User Data and Content

You retain full ownership of all data you input into the Service("User Data"), including customer records, invoices, estimates, photos, forms, communications, and any other business data.

By using the Service, you grant us a limited, non-exclusive license to store, process, and display your User Data solely for the purpose of providing and improving the Service. We will not sell, rent, or share your User Data with third parties except as described in our Privacy Policy.

You are solely responsible for the accuracy, legality, and compliance of your User Data with applicable laws, including but not limited to data protection, anti-spam, and industry-specific regulations.

Upon termination of your account, you may request export of your User Data within 30 days. After that period, we may delete your data in accordance with our data retention policies.

8. Third-Party Integrations

The Service may integrate with or allow you to connect to third-party services, including but not limited to:

• Intuit QuickBooks Online — for accounting and financial data synchronization
• Stripe — for payment processing
• Brevo (formerly Sendinblue) — for email campaign delivery
• ElevenLabs / VAPI — for AI voice and phone agent services
• Google, Apple, and Facebook — for social authentication

Your use of third-party services is subject to the respective terms and privacy policies of those providers. We are not responsible for the availability, accuracy, security, or practices of any third-party services. We do not warrant or endorse any third-party service, and we shall not be liable for any damage or loss arising from your use of or reliance on any third-party service.

You may connect or disconnect third-party integrations at any time through your account settings. Disconnecting an integration may limit certain features of the Service.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRAWNPRO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES 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 (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, 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.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to defend, indemnify, and hold harmless BrawnPro and its officers, directors, employees, contractors, agents, licensors, and suppliers 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, your use of the Service, your User Data, or your violation of any rights of a third party.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• You may request export of your data within 30 days of termination
• Any outstanding fees owed will become immediately due
• Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

You may terminate your account at any time by contacting us at support@brawnpro.com or through your account settings.

12a. Affiliate Program

BrawnPro offers an Affiliate Program that allows individuals and businesses ("Affiliates") to earn recurring commissions by referring new customers to the Service. The following terms govern participation in the Affiliate Program.

Enrollment & Eligibility

The Affiliate Program is open to any individual or business that applies through the BrawnPro affiliate signup page. No existing BrawnPro account is required. Acceptance is automatic upon application, though BrawnPro reserves the right to revoke affiliate status at any time for violations of these Terms, fraudulent activity, or conduct that harms the BrawnPro brand.

Commission Structure

Affiliates earn a recurring commission on subscription payments onlymade by customers who signed up through the Affiliate's unique referral link. The current default commission rate is 40% of each subscription payment. BrawnPro reserves the right to adjust commission rates with at least 30 days' written notice to active Affiliates.

• Commissionable revenue: Commissions are calculated solely on BrawnPro subscription plan payments (monthly or annual). Affiliates do not earn commissions on payment processing fees, AI phone agent usage charges, AI credit purchases, POS/menu checkout transactions, or any other usage-based or transactional fees.
• Commission follows the income stream: Commission amounts are based on the actual dollar amount BrawnPro receives for each subscription invoice. If a referred customer pays a reduced rate due to a promotional discount, coupon code, or special offer (including but not limited to Black Friday promotions, seasonal sales, or any other discount program), the commission is calculated on the discounted amount actually paid — not the standard list price.
• Promotional discounts are at BrawnPro's sole discretion: BrawnPro may offer promotional pricing, coupon codes, free trial extensions, or other discounts at any time. Affiliates acknowledge that such promotions may reduce the commission earned on referred customers during or after the promotional period. Affiliates have no right to approve, reject, or be compensated for the difference between standard and promotional pricing.
• Annual subscriptions: When a referred customer pays annually, the commission is calculated on the annual payment amount and paid as a single commission event. Annual plans are offered at a discounted rate compared to monthly billing; the commission is based on the actual annual amount paid.
• Recurring: Commissions continue for as long as the referred customer remains a paying subscriber. If the customer cancels, downgrades to the Free plan, or stops paying, commissions cease.

Payouts

Commission payouts are processed monthly on the 1st of each month via Stripe Express Connect. A minimum balance of $10.00 is required for payout; balances below this threshold roll over to the following month. Affiliates must connect a valid bank account through Stripe to receive payouts. BrawnPro is not responsible for delays or failures caused by Stripe or the Affiliate's banking institution.

Taxes

Affiliates are responsible for all applicable taxes on commission income. Tax reporting (including IRS Form 1099-K where applicable) is handled automatically through Stripe. BrawnPro does not provide tax advice and recommends consulting a tax professional regarding your obligations.

Independent Contractor Status

Affiliates are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between BrawnPro and any Affiliate. Affiliates have no authority to bind BrawnPro to any obligation, agreement, or representation.

Prohibited Conduct

Affiliates may not:

• Use paid search ads that bid on "BrawnPro" or variations of the BrawnPro brand name
• Make false, misleading, or unauthorized claims about BrawnPro, its features, or its pricing
• Send unsolicited bulk email (spam) promoting their referral link
• Create fake accounts or self-refer to earn commissions
• Misrepresent their relationship with BrawnPro as anything other than an independent affiliate

Termination of Affiliate Account

BrawnPro may terminate an Affiliate's participation at any time for violation of these Terms, fraudulent activity, or at BrawnPro's sole discretion with 30 days' notice. Upon termination, any pending commissions above the minimum payout threshold will be paid in the next monthly payout cycle. Commissions below the minimum threshold are forfeited. Referred customers remain BrawnPro customers and are not affected by the termination of an Affiliate's account.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect via email or in-app notification. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the State of Washington, and you consent to the personal jurisdiction of such courts.

15. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in the State of Washington.

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND BRAWNPRO INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BrawnPro regarding the use of the Service, superseding any prior agreements between you and us relating to the Service.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at:

See also our Privacy Policy for details on the data collected and stored by the BrawnPro POS app, including customer information, job site photos, digital signatures, and business data.