PaintStart — Terms & Conditions (Ontario)

1) About these Terms

These Terms & Conditions (“Terms”) form a binding agreement between you and PaintStart (“PaintStart,” “we,” “us,” or “our”) governing your access to and use of the PaintStart website, mobile/desktop applications, and related services (collectively, the “Platform”). By creating an account, requesting or accepting a quote, booking work, posting a job, or otherwise using the Platform, you agree to these Terms.

2) Who we are & what we do

PaintStart is a marketplace and workflow tool that connects homeowners and businesses (“Customers”) with independent painting professionals and companies (“Pros”). PaintStart is not a contractor, employer, general contractor, construction manager, or agent of Pros or Customers. Each job is performed under a direct agreement between a Customer and the Pro. PaintStart is not a party to that job contract and does not supervise, control, or guarantee Pros’ work quality, schedules, or outcomes. (Ontario Consumer Protection Act principles apply to many consumer transactions; businesses should understand their duties if they contract directly with consumers.)

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3) Eligibility & accounts

• You must be 18+ (or the age of majority in your province/territory) to use the Platform.
• You’re responsible for your account credentials and all activity under your account.
• We may refuse, suspend, or terminate accounts to protect users, comply with law, or prevent fraud.

4) Quotes, bookings, and payments

Quotes may be generated via calculators, photos, or in-person assessments. Estimates are non-binding until a Pro confirms scope, site conditions, substrates, and materials.

Payments are processed by third-party payment providers (e.g., Stripe). PaintStart does not store full card numbers. You authorize our provider to charge your selected payment method for deposits, progress draws, or completion payments as set in the job agreement. Taxes (including HST 13% in Ontario) are charged where applicable.

Chargebacks: You agree to first work in good faith with the Pro and PaintStart Support before initiating a chargeback. If a chargeback occurs, you remain responsible for amounts lawfully owing under your job contract.

5) Job contracts are between Customer & Pro

• Pros are independent businesses and are solely responsible for licensing, permits, WSIB, safety compliance, supervision, workmanship, and warranties.
• Customers are responsible for site access, clearing workspaces, disclosure of hazards, and paying agreed amounts when due.
• PaintStart may facilitate messaging, scheduling, and payment, but we are not a party to the scope, schedule, or warranty terms between Customer and Pro.

6) Cancellations & refunds

Project cancellations and refunds follow the written job agreement between the Customer and the Pro. If a payment was run through PaintStart’s processor, any refunds must abide by the processor’s rules and timelines. PaintStart may charge platform or processing fees that are non-refundable once services are rendered (e.g., lead, listing, or convenience fees).

7) Reviews & user content

You grant PaintStart a worldwide, royalty-free license to use, reproduce, display, and distribute reviews, photos, and other content you submit for Platform operations and promotion. You represent you own or have rights to anything you post and that it is truthful, non-defamatory, and legal.

8) Prohibited uses

You will not: (a) violate laws, (b) misrepresent identity or qualifications, (c) post harmful code, (d) scrape, reverse engineer, or overload the Platform, (e) circumvent payment flows, or (f) harass users.

9) Intellectual property

The Platform, software, design, trademarks, and content belong to PaintStart or our licensors. Except for your personal or internal business use, you may not copy, modify, or create derivatives without written consent.

10) Electronic communications & e-signatures

You consent to electronic records, signatures, and notices. Electronic contracts and signatures have legal effect in Ontario under the Electronic Commerce Act, 2000 (with certain exceptions).

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11) No warranties

The Platform is provided “as is” and “as available.” PaintStart disclaims warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness, and non-infringement. We do not warrant Pros’ performance or outcomes.

12) Limitation of liability

To the maximum extent permitted by law: (a) PaintStart is not liable for indirect, incidental, special, consequential, or punitive damages; and (b) our total liability for claims arising out of or related to the Platform is limited to the greater of CAD $100 or the fees you paid to PaintStart for the service giving rise to the claim in the twelve (12) months preceding the event.

13) Indemnity

You will defend, indemnify, and hold harmless PaintStart and its officers, directors, employees, and agents from claims, damages, liabilities, and costs arising out of your (a) use of the Platform, (b) job contracts, (c) content, or (d) breach of these Terms.

14) Insurance (Pros)

Pros must maintain appropriate commercial general liability insurance, workers’ compensation/WSIB status, and any required trade licenses/permits. Customers may request proof directly from the Pro.

15) Dispute resolution & governing law

The Parties will first attempt to resolve disputes informally. If unresolved, either party may commence a claim in the courts of Ontario, and these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

16) Changes

We may update these Terms from time to time. Material changes will be posted on the Platform with a new “Last updated” date. Continued use signifies acceptance.

17) Contact

PaintStart — Legal Inquiries
Email: legal@u-paint.ca (example)
Mailing address: (insert Ontario address)