Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the websites, web properties, and services operated by That 1 Painter Franchising, LLC ("That 1 Painter," "we," "us," or "our"), including that1painter.com and all associated subdomains and location pages (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Site immediately.

These Terms apply to all visitors, customers, and others who access or use the Site. Use of the Site does not create a contractor, franchise, agency, or employment relationship between you and That 1 Painter Franchising, LLC beyond what is expressly stated herein.

2. Description of Services

That 1 Painter Franchising, LLC operates a franchise network of independently owned and operated residential and commercial painting businesses. The Site is a marketing and lead generation platform that allows consumers to request estimates, schedule consultations, and contact local franchise locations.

Independent Franchisees. Each That 1 Painter franchise location is an independently owned and operated business. That 1 Painter Franchising, LLC is not the employer of franchise employees and is not a party to any service agreement between you and a franchise location. Painting services, pricing, scheduling, warranties, and dispute resolution are the sole responsibility of the independently operating franchise.

Submission of an estimate request or booking form through the Site does not constitute a binding service agreement. A binding agreement is formed only when a franchise location provides a written estimate that you accept in writing.

3. Eligibility and Account Use

You must be at least 18 years of age to submit a service request, booking form, or any other inquiry through this Site. By using the Site, you represent and warrant that you meet this requirement and that the information you provide is accurate, current, and complete.

If you provide contact information on behalf of a business or property owner, you represent that you have authority to do so and to bind that entity to these Terms.

4. Estimate Requests and Service Inquiries

When you submit an estimate request, booking, or contact form through the Site, you authorize That 1 Painter Franchising, LLC and the applicable franchise location to contact you by phone, email, or text message at the number and email address you provide, including for marketing purposes, unless you opt out. Standard message and data rates may apply to text messages.

Estimates provided by franchise locations are non-binding until both parties execute a written service agreement. Pricing is subject to change based on on-site inspection, scope changes, and material costs.

We do not guarantee that a franchise location serves your area, that appointments are available within your preferred timeframe, or that any estimate will meet your budget expectations.

5. SMS / Text Message Terms

By providing your mobile phone number on any That 1 Painter form, you consent to receive text messages (SMS/MMS) from That 1 Painter Franchising, LLC and the applicable franchise location. These messages may include:

• Responses to your inquiry or estimate request
• Appointment confirmations and reminders
• Project updates and scheduling notifications
• Follow-up communications related to your painting project

Message frequency varies. Message and data rates may apply. You may opt out at any time by replying STOP to any message you receive from us. For help, reply HELP or contact us at the information provided in Section 16.

Consent to receive text messages is not a condition of purchasing any goods or services from That 1 Painter. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All of the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Carriers are not liable for delayed or undelivered messages.

6. Intellectual Property

All content on the Site — including text, photographs, graphics, logos, video, software, and the compilation of content — is the property of That 1 Painter Franchising, LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The "That 1 Painter" name and logo are registered trademarks of That 1 Painter Franchising, LLC. You may not use our marks without prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, or exploit any content from the Site without our express prior written permission.

7. User Conduct

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation
• Submit false, misleading, or fraudulent information in any form
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Scrape, crawl, or harvest data from the Site without our express written permission
• Transmit any unsolicited or unauthorized advertising, spam, or promotional material
• Attempt to gain unauthorized access to any part of the Site or its infrastructure
• Introduce viruses, malware, or other harmful code to the Site
• Interfere with or disrupt the integrity or performance of the Site or its servers
• Use the Site in any manner that could damage, disable, overburden, or impair our systems

We reserve the right to terminate or restrict access to the Site for any user who violates these Terms or whose conduct we determine, in our sole discretion, to be harmful to the Site, other users, or our business.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by That 1 Painter Franchising, LLC. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We do not endorse any third-party sites linked from the Site.

We may use third-party service providers to operate the Site and process your information, including Supabase (data storage), Google Analytics (analytics), and Microsoft Clarity (session analytics). Your use of the Site constitutes your acknowledgment that these third-party tools may collect and process data about your Site usage in accordance with their respective privacy policies.

9. Disclaimer of Warranties

THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THAT 1 PAINTER FRANCHISING, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components; that defects will be corrected; or that the information on the Site is accurate, complete, or current.

Service Warranties. Any warranty related to painting services is provided exclusively by the independently owned and operated franchise location that performs the work, not by That 1 Painter Franchising, LLC. The 3-year transferable warranty referenced in our marketing materials is offered by individual franchise owners and is subject to the terms and conditions established by each franchise location.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THAT 1 PAINTER FRANCHISING, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FRANCHISEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless That 1 Painter Franchising, LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your use of the Site, your submission of any information through the Site, or your violation of any rights of another party.

12. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the data practices described in our Privacy Policy. For information about cookies and tracking technologies, see our Cookie Policy.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and you hereby consent to the personal jurisdiction of such courts.

Before initiating any formal legal proceeding, you agree to contact us at contact@that1painter.com and attempt to resolve any dispute informally for a period of 30 days.

14. Changes to These Terms

We reserve the right to update or modify these Terms at any time at our sole discretion. We will indicate the date of the most recent revision at the top of this page. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, please discontinue use of the Site.

15. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and That 1 Painter Franchising, LLC with respect to your use of the Site and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights under these Terms without restriction.

16. Contact Us

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

That 1 Painter Franchising, LLC

12357 Riata Trace Pkwy, Suite 201

Austin, Texas 78727

Email: contact@that1painter.com

Phone: 678-447-0585