Terms of Service

Welcome to NailMyJob. These Terms of Service ("Terms") govern your access to and use of the NailMyJob web application, website, and related services (collectively, the "Service") operated by NailMyJob ("we," "our," or "us").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Description of Service

NailMyJob is a software-as-a-service (SaaS) platform designed for residential contractors to create quotes, manage change orders, and capture digital signatures. The Service includes:

• Voice-powered quote and change order creation
• Digital document generation and management
• Legally-binding digital signature capture
• Client portal for document viewing and signing
• Project and client management tools

2. Eligibility and Account Registration

To use the Service, you must:

• Be at least 18 years old
• Have the legal authority to enter into these Terms
• If registering on behalf of a company, have the authority to bind that company to these Terms
• Provide accurate and complete registration information

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Subscription and Payment

Billing

• Subscription fees are billed in advance on a monthly or annual basis, depending on your plan.
• All fees are non-refundable except as expressly stated in these Terms or required by law.
• We may change our pricing with 30 days' notice. Price changes will take effect at the start of your next billing cycle.

Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings or by contacting us.

Free Trial

If you sign up for a free trial, you will not be charged until the trial period ends. If you do not cancel before the trial ends, your subscription will begin and you will be charged the applicable fees.

4. Acceptable Use

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

• Share your login credentials with others or allow multiple people to use a single account
• Use the Service to violate any applicable law or regulation
• Use the Service to defraud or deceive others
• Attempt to gain unauthorized access to any part of the Service or its systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to build a competing product or service
• Resell, sublicense, or otherwise make the Service available to third parties
• Upload or transmit viruses, malware, or other harmful code
• Interfere with or disrupt the integrity or performance of the Service

We reserve the right to suspend or terminate your access to the Service for violation of these Terms.

5. Your Data and Content

Ownership

You retain ownership of all data, content, and materials you submit to the Service ("Your Content"), including quotes, change orders, client information, voice recordings, and documents.

License to Us

By using the Service, you grant us a limited, non-exclusive, worldwide license to use, process, store, and display Your Content solely to provide, maintain, and improve the Service. This license includes the right to:

• Process your voice recordings through AI services for transcription
• Generate PDFs and documents from your data
• Share quotes and change orders with your clients as you direct
• Create anonymized, aggregated analytics to improve the Service

We will not use Your Content to train AI models or share it with third parties except as necessary to provide the Service or as described in our Privacy Policy.

Your Responsibilities

You are responsible for:

• The accuracy and legality of Your Content
• Obtaining any necessary consents from your clients before adding their information to the Service
• Ensuring your quotes and contracts comply with applicable laws and regulations in your jurisdiction
• Backing up Your Content (we provide export features, but you should maintain your own backups)

Data Export and Deletion

You may export Your Content at any time during your subscription. After your subscription ends, you have one year to request an export of Your Content. After one year, Your Content will be permanently deleted from our active systems.

6. Digital Signatures

The Service provides digital signature functionality that is designed to comply with the Electronic Signatures in Global and National Commerce Act (ESIGN) and similar laws. By using this feature:

• You acknowledge that electronic signatures captured through the Service are legally binding.
• You are responsible for ensuring that your use of electronic signatures complies with applicable laws in your jurisdiction.
• We capture metadata (timestamp, IP address, email, geolocation when available) to support the validity of signatures.
• We are not liable for disputes regarding the validity or enforceability of any signature or document.

7. Intellectual Property

The Service, including its design, features, code, and content (excluding Your Content), is owned by NailMyJob and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of any part of the Service without our written permission.

All trademarks, logos, and service marks displayed on the Service are our property or the property of their respective owners.

8. Third-Party Services

The Service integrates with third-party services for AI processing, payment processing, email delivery, and other functions. Your use of these integrations may be subject to additional terms from those providers. We are not responsible for the performance, availability, or policies of third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• AI-generated transcriptions or extractions will be 100% accurate
• The Service will meet all of your requirements

You are responsible for reviewing all quotes, change orders, and documents before sending them to clients.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

IN NO EVENT SHALL WE BE LIABLE FOR ANY:

• Indirect, incidental, special, punitive, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your reliance on AI-generated content
• Damages arising from disputes with your clients
• Damages arising from the actions or omissions of third-party services

These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of these limitations may not apply to you.

You acknowledge that these limitations are a fundamental basis of the agreement between us, and without them, the fees charged would be substantially higher.

11. Indemnification

You agree to indemnify, defend, and hold harmless NailMyJob and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Disputes between you and your clients

12. Termination

By You

You may cancel your subscription at any time. Your access will continue until the end of your current billing period.

By Us

We may suspend or terminate your access to the Service:

• Immediately, if you violate these Terms or engage in fraudulent or illegal activity
• With 30 days' notice, for any other reason
• If your payment fails and is not resolved within a reasonable time

Effect of Termination

Upon termination, your right to use the Service ends. You will have one year to export Your Content. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware or remotely at our election.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. You may opt out of this arbitration provision by sending written notice to legal@nailmyjob.com within 30 days of creating your account.

14. Changes to These Terms

We may modify these Terms at any time. We will provide notice of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you may cancel your subscription before the changes take effect.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and NailMyJob regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.
• Notices: We may send notices to you via email or through the Service. You may contact us at the addresses below.

16. Contact Us

If you have questions about these Terms, please contact us:

Email: legal@nailmyjob.com
Website: nailmyjob.com