1. Definitions

As used in these Terms:

• "Agreement" means these Terms of Service together with any Order Form, subscription confirmation, or other documents incorporated by reference.
• "Company," "we," "us," or "our" means Powder Coating Logix and its affiliates, successors, and assigns.
• "Customer," "you," or "your" means the business entity or individual who registers for and uses the Service.
• "Service" means the Powder Coating Logix cloud-based software application, including all features, APIs, dashboards, mobile interfaces, and related documentation made available at powdercoatinglogix.com or via any associated URL.
• "User" means any individual authorized by you to access the Service under your account.
• "Customer Data" means all data, records, files, and content submitted to the Service by you or your Users.
• "Subscription Plan" means the tier of Service you have purchased, as described on our pricing page or order form.

2. Acceptance of Terms

By clicking "Create Account," accessing the Service, or otherwise indicating your acceptance, you represent that (a) you have read and understood this Agreement; (b) you have authority to bind the Customer entity to this Agreement; and (c) you agree to be bound by all terms herein. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, you may not access or use the Service.

3. Description of Service

Powder Coating Logix is a business management platform designed for powder coating shops. The Service includes modules for job tracking, quoting, invoicing, customer management, inventory, equipment maintenance, reporting, and related functions as described in our current documentation.

We reserve the right to modify, update, or discontinue any feature of the Service at any time. We will make commercially reasonable efforts to notify you of material changes that negatively affect your use of the Service.

4. Account Registration & Security

To use the Service, you must register for an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activity that occurs under your account, whether authorized by you or not;
• Promptly notifying us at support@powdercoatinglogix.com of any unauthorized use of your account or any security breach.

You may not share login credentials between Users. Each User must have their own unique login. We are not liable for any loss or damage arising from your failure to comply with these obligations.

We reserve the right to suspend or terminate any account that we reasonably believe has been compromised or used in violation of this Agreement.

5. Subscriptions, Fees & Payment

5.1 Subscription Plans

The Service is offered on a subscription basis. Your chosen Subscription Plan, billing cycle (monthly or annual), and applicable fees are confirmed at sign-up and may change upon renewal with prior notice.

5.2 Payment

All fees are billed in advance via our payment processor (Stripe). You authorize us to charge your payment method on file for all applicable fees. If a payment fails, we may suspend your access to the Service after a reasonable grace period and reasonable notification attempts.

5.3 Price Changes

We may adjust pricing with at least 30 days' written notice before your next billing cycle. Continued use of the Service after a price change takes effect constitutes your acceptance of the new price.

5.4 Refund Policy

All fees are non-refundable except as required by applicable law or as expressly stated in a written agreement with us. Unused portions of a prepaid subscription term are not refunded upon cancellation or termination.

5.5 Taxes

You are responsible for all applicable taxes, levies, or duties imposed by any governmental authority on your subscription fees. We will charge tax where required by law.

6. Free Trials

We may offer a free trial period as described at sign-up. At the end of the trial, you will be automatically billed for your selected Subscription Plan unless you cancel before the trial ends. We reserve the right to modify or terminate free trial offers at any time and without notice.

Customer Data entered during a free trial may be permanently deleted if you do not convert to a paid plan.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights;
• Transmit unlawful, harmful, fraudulent, defamatory, or offensive content;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
• Attempt to gain unauthorized access to the Service, its servers, or any related systems;
• Interfere with or disrupt the integrity or performance of the Service or any data contained therein;
• Introduce any virus, worm, trojan, or other malicious code;
• Use automated means (bots, scrapers) to access or collect data from the Service without prior written consent;
• Resell, sublicense, or otherwise make the Service available to third parties without our written consent.

Violation of this section may result in immediate suspension or termination of your account without refund.

8. Intellectual Property

8.1 Our Property

The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, and content created by us, is and remains the exclusive property of Powder Coating Logix and its licensors. These Terms do not grant you any ownership rights in the Service.

8.2 License to Use

Subject to your compliance with this Agreement and timely payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business operations during your subscription term.

8.3 Feedback

If you submit suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without restriction or compensation to you.

9. Your Data

9.1 Ownership

You retain all ownership rights to your Customer Data. We do not claim any intellectual property rights over the data you submit to the Service.

9.2 License to Host

You grant us a limited license to host, copy, transmit, and display your Customer Data solely as necessary to operate and provide the Service to you.

9.3 Accuracy

You are solely responsible for the accuracy, quality, and legality of your Customer Data and the means by which you acquired it. We do not verify the accuracy of any data you enter.

9.4 Backups

While we implement reasonable backup procedures, we do not guarantee that Customer Data will not be lost. You are responsible for maintaining independent backups of your critical business data. We shall not be liable for any loss of Customer Data.

9.5 Data Deletion

Upon termination of your subscription, we may retain your Customer Data for up to 90 days to allow you to export it. After that period, we may permanently delete all Customer Data associated with your account. We will make reasonable efforts to notify you before deletion.

9.6 Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This obligation does not apply to information that:

• Is or becomes publicly known through no breach of this Agreement;
• Was rightfully known before receipt from the disclosing party;
• Is independently developed without use of the confidential information; or
• Is required to be disclosed by law or court order, provided the receiving party gives prompt prior written notice where permitted.

11. Third-Party Services

The Service integrates with third-party services including but not limited to Stripe (payment processing), SendGrid (email delivery), Twilio (SMS), Microsoft Azure (cloud infrastructure), and Anthropic (AI features). Your use of these integrations may be subject to the third-party's own terms and privacy policies.

We are not responsible for the availability, accuracy, or practices of any third-party service. We do not endorse and are not liable for any third-party content, products, or services.

12. Disclaimer of Warranties

AI-powered features (such as photo quoting, financial analysis, and scheduling suggestions) produce estimates only. All AI-generated output must be reviewed and verified by a qualified human before being relied upon for business decisions. We make no warranty as to the accuracy of any AI output.

13. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

14. Indemnification

You agree to defend, indemnify, and hold harmless Powder Coating Logix, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service in violation of this Agreement;
• Your Customer Data, including any claim that your Customer Data infringes or misappropriates any third-party intellectual property or privacy rights;
• Your violation of any applicable law or regulation;
• Any dispute between you and a third party, including your own customers.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

15. Termination

15.1 By You

You may cancel your subscription at any time through your account settings or by contacting us at support@powdercoatinglogix.com. Cancellation takes effect at the end of the current billing period. No refunds are issued for the remaining portion of the billing period.

15.2 By Us

We may suspend or terminate your access to the Service immediately, with or without notice, if:

• You breach any provision of this Agreement and fail to cure the breach within 10 days of written notice;
• You fail to pay any fees when due;
• We reasonably believe your use of the Service poses a security risk or legal liability;
• We are required to do so by law or regulation; or
• We discontinue the Service.

15.3 Effect of Termination

Upon termination, your right to access and use the Service ceases immediately. Sections that by their nature should survive termination (including Sections 8, 9.4, 12, 13, 14, and 16) shall survive.

16. Dispute Resolution & Governing Law

16.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of NC, without regard to its conflict-of-law principles.

16.2 Informal Resolution

Before filing any formal legal action, the parties agree to attempt to resolve any dispute informally by contacting us at legal@powdercoatinglogix.com. We will try to resolve the dispute within 30 days of receiving written notice.

16.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with the arbitration conducted in Clayton, NC. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.4 Class Action Waiver

YOU AND POWDER COATING LOGIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. No arbitration or proceeding shall be joined with another without the written consent of all parties.

16.5 Exceptions

Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information without first undergoing the arbitration process.

17. Changes to These Terms

We may update these Terms at any time. When we make material changes, we will notify you by email (to the address on file), by posting a notice in the Service, or by both. The updated Terms will display a new "Last Updated" date at the top. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of those changes.

If you do not agree with any updated Terms, you must stop using the Service and cancel your subscription before the effective date.

18. General Provisions

• Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements, representations, and understandings.
• Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver. Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
• Assignment. You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Force Majeure. Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, or failures of third-party infrastructure providers.
• Notices. Legal notices to us must be sent to legal@powdercoatinglogix.com. We may send notices to the email address associated with your account.
• No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties and does not create any third-party beneficiary rights.
• Relationship of the Parties. The parties are independent contractors. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship.

19. Contact Us

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