Terms of Use
Effective Date: April 24, 2026
These Terms of Use / Service Subscription Agreement (“Terms”) are a legally binding agreement between BrushBoss Software (“BrushBoss,” “we,” “us,” or “our”), and the entity or individual accessing or using the Services (“Customer,” “you,” or “your”).
By clicking “I Accept,” executing an Order Form, creating an account, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of an entity, you represent and warrant that you have authority to bind that entity.
If you do not agree, do not access or use the Services.
These Terms incorporate by reference our Privacy Policy.
1. Definitions
“Account” means Customer’s registered account within the Services.
“Admin” means a User designated by Customer with administrative privileges.
“Affiliate” means any entity that controls, is controlled by, or is under common control with a party.
“Customer Data” means data, content, or information submitted to the Services by or on behalf of Customer or its Users.
“Documentation” means user guides, help materials, and in-product documentation provided by BrushBoss.
“Order Form” means any ordering document, checkout flow, or subscription screen specifying Services and fees.
“Services” means the BrushBoss software platform and related services.
“Subscription Term” means the period of Customer’s subscription.
“Users” means individuals authorized by Customer to access the Services.
2. Scope; Agreement Structure
These Terms govern all use of the Services. Each Order Form is incorporated by reference.
In the event of conflict:
- Order Form
- These Terms
- Documentation
BrushBoss may modify or enhance the Services over time. No specific functionality is guaranteed unless expressly stated in writing.
3. Eligibility; Business Use
The Services are intended for business use only. You represent that you are at least 18 years old and have authority to enter into this agreement.
4. License Grant and Restrictions
4.1 License
BrushBoss grants Customer a limited, non-exclusive, non-transferable right for Users to access and use the Services during the Subscription Term for internal business purposes.
4.2 Restrictions
Customer and Users shall not:
- Copy, modify, or create derivative works
- Reverse engineer or attempt to extract source code
- Use the Services to build or benchmark a competing product
- Sell, resell, or sublicense the Services
- Circumvent security measures
- Remove proprietary notices
4.3 Usage Limits
Access is limited to authorized Users. Credentials may not be shared.
5. Account Administration
Customer is responsible for:
- Maintaining accurate account information
- All activity under its Account
- All actions taken by its Users and Admins
Customer is fully responsible for all acts and omissions of its Users as if they were Customer’s own.
6. Customer Data and Responsibilities
Customer retains ownership of Customer Data.
BrushBoss may process Customer Data solely to provide, secure, support, and improve the Services.
Customer represents and warrants that:
- It has all rights and consents required
- Customer Data complies with applicable law
- Customer Data does not violate third-party rights
BrushBoss may create and use aggregated, anonymized, or de-identified data for analytics and product improvement.
BrushBoss and Customer are independent parties. BrushBoss does not control and is not responsible for Customer’s business operations, customer interactions, or data handling practices.
7. Acceptable Use
Customer and Users shall not use the Services to:
- Violate law
- Transmit malicious code
- Infringe intellectual property or privacy rights
- Upload unlawful or harmful content
- Attempt unauthorized access
- Disrupt or overload the Services
BrushBoss may suspend access for violations.
8. Security
BrushBoss uses reasonable safeguards, but no system is completely secure.
Customer is responsible for safeguarding credentials and notifying BrushBoss of unauthorized access.
9. Third-Party Services
The Services may integrate with third-party services.
BrushBoss is not responsible for:
- Third-party services
- Their availability
- Their data practices
Customer enables integrations at its own risk.
10. Fees, Payment, and Taxes
10.1 Fees
All fees are:
- Non-cancelable
- Non-refundable
- Based on subscription commitments
10.2 Auto-Renewal
Subscriptions renew automatically unless canceled in accordance with the Order Form.
10.3 Late Payments
Past-due amounts may result in:
- Service suspension
- Interest charges
10.4 Taxes
Customer is responsible for all applicable taxes.
11. Trials and Beta Features
Trials and beta features are provided “AS IS” and may be modified or discontinued at any time.
12. Intellectual Property; Feedback
BrushBoss retains all rights in the Services.
Customer grants BrushBoss a perpetual, royalty-free right to use feedback without restriction.
Customer agrees that purchases are not contingent on future functionality or features.
13. Confidentiality
Each party agrees to protect Confidential Information using reasonable care.
Confidentiality obligations survive termination.
14. Warranties and Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
BRUSHBOSS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BrushBoss does not guarantee:
- Uninterrupted or error-free operation
- Any business outcomes, financial results, or performance improvements
15. Indemnification
15.1 By Customer
Customer will defend and indemnify BrushBoss against claims arising from:
- Customer Data
- Customer’s use of the Services
- Customer’s clients, employees, or third parties
- Violations of law or these Terms
15.2 By BrushBoss
BrushBoss will defend Customer against third-party claims that the Services infringe intellectual property rights.
16. Suspension and Termination
BrushBoss may suspend or terminate access for:
- Non-payment
- Security risks
- Legal requirements
- Breach of these Terms
Termination does not entitle Customer to any refund, credit, or prorated fees.
Payment obligations survive termination.
17. Data Deletion After Termination
Customer Data may be deleted after termination and will generally be deleted within sixty (60) days.
Data recovery is not guaranteed.
18. Limitation of Liability
18.1 Cap
Each party’s liability is limited to fees paid in the 12 months preceding the claim.
18.2 Excluded Damages
Neither party is liable for indirect, incidental, or consequential damages.
18.3 Class Action Waiver
All claims must be brought individually. No class actions are permitted.
19. Changes to Terms
BrushBoss may update these Terms.
Continued use after the effective date constitutes acceptance.
20. Governing Law and Venue
These Terms are governed by Texas law.
All disputes must be brought in Texas courts.
21. Miscellaneous
Assignment permitted in connection with business transfer.
Force majeure applies.
Parties are independent contractors.
Invalid provisions do not affect the remainder.
These Terms constitute the entire agreement.
22. Contact
BrushBoss Software
support@getbrushboss.com
5161 San Felipe Street, Suite 320 - 5130, Houston, TX 77056
