Terms of Service

Agreement to Terms

By accessing or using Painless CRM ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

Description of Service

Painless CRM provides a cloud-based customer relationship management and order management platform designed for dealers of exterior products. The Service includes lead management, quoting tools, payment processing integration, order tracking, and related business management features.

User Accounts and Registration

To use our Service, you must:

• Be at least 18 years old
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

Acceptable Use

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

• Use the Service to violate any laws or regulations
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers
• Use the Service to spam, harass, or abuse others
• Reverse engineer or attempt to extract source code
• Resell or redistribute the Service without permission

Subscription and Payment

Billing

The Service is provided on a subscription basis. You agree to pay all applicable subscription fees, transaction fees, and any other charges incurred under your account.

Payment Processing

Payments are processed through Stripe. By using our payment features, you also agree to Stripe's terms of service.

Refunds

Subscription fees are generally non-refundable. We may provide refunds at our sole discretion or as required by law.

Data and Privacy

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Your Data

You retain ownership of all data you upload to the Service. You grant us a license to:

• Store and process your data to provide the Service
• Create backups and ensure data security
• Generate anonymized analytics and improve our Service

Data Backup

While we implement backup systems, you are responsible for maintaining your own backups of critical data.

Service Availability

We strive to maintain high Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance
• Emergency repairs
• Third-party service outages
• Force majeure events

Intellectual Property

The Service, including its software, design, and content, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without explicit written permission.

SMS and Text Messaging Terms

Painless CRM is a software platform that provides SMS text messaging capabilities to dealers (our business customers). Dealers use our platform to send and receive text messages with their end customers (consumers). We act as a technology service provider, enabling dealers to communicate with consumers on behalf of their businesses. This section governs the use of SMS messaging features.

Platform Role and Responsibilities

Painless CRM operates as a Software-as-a-Service (SaaS) platform. We provide the technology infrastructure that enables dealers to:

• Send text messages to their customers who have provided consent
• Receive and respond to inbound text messages from their customers
• Track and document customer consent for messaging
• Manage opt-out requests and messaging preferences

We do not independently initiate messages to consumers. All messages are sent by dealers to their own customers through our platform. We provide tools to help dealers comply with messaging regulations and best practices.

Message Categories

The primary categories of SMS messages sent through Painless CRM are:

• Customer support — Responses to customer inquiries and service requests
• Quote and lead follow-up — Follow-up messages related to a customer's inquiry or quote request
• Appointment scheduling — Reminders, confirmations, and scheduling communications
• Order updates — Order confirmations, status changes, delivery and installation notifications
• Service notifications — Project milestones, production updates, and post-installation follow-up
• Marketing / Promotional — Promotional offers and announcements (requires separate express marketing consent)

Any marketing or promotional messages are sent only when the recipient has provided express consent to receive such messages. See the "Marketing / Promotional Messages" subsection below.

Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe. Reply HELP for help. Consent is not a condition of purchase.

Opt-In and Consent

Dealers must obtain express consent from consumers before sending any text messages. Customer care consent and marketing consent are collected separately. Acceptable methods for obtaining consent include:

• Web form checkbox opt-in — Consumer checks an unchecked-by-default checkbox on a website or landing page that includes clear SMS disclosure language. Customer care and marketing consent are presented as separate checkboxes.
• Written consent — Consumer signs a paper form or written agreement that includes SMS disclosure language
• Verbal consent documented in CRM — Dealer representative reads a disclosure script over the phone and records the consumer's consent in Painless CRM, noting the date, time, and scope
• Customer-initiated inbound text — Consumer sends the first text message to the dealer's business number; the dealer may reply and follow up about that inquiry

Consent Rules

• Customer Care / Transactional messages: may be sent only with the consumer's documented consent or in response to a consumer-initiated inbound text.
• Marketing / Promotional messages: may be sent only with the consumer's express consent to receive marketing texts.
• Purchased, rented, or scraped contact lists and unsolicited cold outreach are prohibited.
• Imported contacts are not opted in by default. Dealers must have documented consent before messaging.
• The first outbound message should identify the dealer and include opt-out instructions.

For example opt-in disclosure language, see our SMS Consent & Opt-In Policy page.

Imported Contacts and Default Consent

Imported contacts are not automatically opted in to SMS messaging. The default consent status for all new and imported contacts is "not consented." Dealers must have documented proof of consent before messaging any imported leads or contacts.

Painless CRM provides tools to track consent status, consent method (web form, written, verbal, or customer-initiated), and the timestamp of when consent was recorded, enabling dealers to maintain auditable consent records.

Marketing / Promotional Messages

Marketing/promotional messages are sent only to recipients who have provided express consent to receive marketing texts. Marketing consent is separate from customer care consent and is optional.

Recipients may opt out at any time by replying STOP. All STOP requests must be honored immediately. After opting out, no further messages of any kind will be sent to that recipient. Reply HELP for help.

Dealers may not send promotional messages to contacts who have not opted in to marketing, including imported contacts and contacts from purchased or rented lists.

For Dealers (Business Customers) Using SMS Features

As a dealer using Painless CRM's SMS messaging features to communicate with your customers, you agree to:

• Obtain Proper Consent: You must obtain express written, verbal, or electronic consent from your customers before sending any text messages. Consent must be documented and verifiable.
• Provide Clear Disclosure: When obtaining consent, you must clearly disclose the purpose of messages, expected frequency, that message and data rates may apply, that consent is not a condition of purchase, and how to opt out (reply STOP).
• Honor Opt-Out Requests: You must immediately honor all opt-out requests. Our platform automatically processes STOP requests, but you must not attempt to circumvent these protections. Reply STOP to unsubscribe.
• No Spam or Unsolicited Messages: You must not send spam, unsolicited messages, or messages to purchased/rented contact lists.
• No Cold Outreach: You may not send messages to recipients obtained through purchased lists, scraped data, or unsolicited cold outreach.
• Prohibited Content: You may not use SMS features to send content related to sex, hate, alcohol, firearms, tobacco, or any other prohibited carrier content.
• Comply With Laws: You must comply with all applicable federal, state, and local laws including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all carrier guidelines and requirements.
• Message Content Responsibility: You are solely responsible for the content, accuracy, and timing of messages sent through your account.
• Maintain Records: You must maintain records of customer consent that can be provided upon request.

Violation of these terms may result in suspension or termination of your SMS messaging capabilities or your entire account. We may also suspend or terminate messaging access if required by carriers or our messaging providers.

For Consumers (End Customers) Receiving Text Messages

When you provide your phone number and consent to receive text messages from a dealer (a home service business) that uses the Painless CRM platform, you acknowledge and agree to the following:

• Consent: By providing your phone number and agreeing to receive texts, you consent to receive text messages from the dealer regarding your inquiry, quote, order, appointment, or service.
• Message Types: Messages may include customer support responses, quote and lead follow-up, appointment reminders, order updates, and service notifications. Marketing/promotional messages are sent only with your separate express consent.
• Message Frequency: Message frequency varies based on your interactions with the dealer and the status of your project or order.
• Costs: Message and data rates may apply depending on your mobile carrier and wireless plan. You are responsible for any charges from your carrier.
• Opt-Out: You may opt out of receiving text messages at any time. Reply STOP to unsubscribe. You will receive a confirmation and no further messages will be sent.
• Help: Reply HELP for help. You may also contact support@parablesoft.com for assistance.
• Not Required: Consent is not a condition of purchase. You are not required to consent to SMS messaging to purchase any goods or services from the dealer.
• Privacy: Your phone number will not be sold, rented, or shared with third parties for marketing purposes. See our Privacy Policy for details.

Opt-Out Instructions

To stop receiving text messages at any time, reply with any of the following keywords:

• STOP — Unsubscribe from messages
• CANCEL — Unsubscribe from messages
• END — Unsubscribe from messages
• QUIT — Unsubscribe from messages
• UNSUBSCRIBE — Unsubscribe from messages
• OPTOUT — Unsubscribe from messages
• STOPALL — Unsubscribe from messages

Upon receiving your opt-out request, you will receive a single confirmation message: "You have successfully been unsubscribed. You will not receive any more messages from this number. Reply START to resubscribe."

Help

Reply HELP for help. You will receive a response with program information, opt-out instructions, and contact details. You may also reply INFO to receive program information.

For additional assistance, contact us at support@parablesoft.com.

Resubscribing

If you have previously opted out and wish to receive text messages again, reply with any of the following:

• START — Resubscribe to messages
• YES — Resubscribe to messages
• SUBSCRIBE — Resubscribe to messages
• OPTIN — Resubscribe to messages

Supported Carriers

Messaging is intended for recipients located in the United States.

Text messaging is available on most major U.S. mobile carriers including AT&T, Verizon, T-Mobile, Sprint, and others. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your network operator.

Program Operator

Each messaging program is operated by the dealer's business. Painless CRM provides the technology platform. Painless CRM does not independently initiate messages to consumers.

For help, reply HELP to any message or email support@parablesoft.com.

Disclaimer

Painless CRM provides the messaging platform but is not responsible for the content of messages sent by dealers. Each dealer is an independent business responsible for their own communications and compliance with applicable laws. If you have concerns about messages received from a specific dealer, please contact that dealer directly or reach out to us at support@parablesoft.com.

Third-Party Services

Our Service integrates with third-party services to provide functionality:

• Stripe: Payment processing for deposits and invoices
• Twilio: SMS text messaging delivery and management
• Supplier Systems: Order and production tracking integrations

Your use of these services is subject to their respective terms and conditions.

We are not responsible for the availability, performance, or policies of third-party services.

Termination

By You

You may terminate your account at any time by contacting us. Upon termination, your access to the Service will cease.

By Us

We may terminate or suspend your account immediately if you violate these Terms or for any other reason at our sole discretion.

Effect of Termination

Upon termination, you will lose access to your account and data. We may delete your data after a reasonable retention period.

Disclaimers and Limitation of Liability

Service Provided "As Is"

The Service is provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, regardless of the theory of liability.

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

Contact Information

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