1. Introduction
The website located at txpainters.com (the "Site") is a copyrighted work belonging to USA Painters Inc. ("Company," "we," "our," or "us"), DBA Texas Painters. These Terms of Use ("Terms") govern your access to and use of the Site and all services provided through it (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform. By accepting these Terms, you represent that you are at least 18 years old and have the legal capacity to enter into this agreement. PLEASE READ: Section 16 includes an arbitration agreement and a class action waiver. By using the Platform, you agree to resolve disputes through binding arbitration and waive your right to a jury trial.
2. Marketplace Overview
Texas Painters operates a marketplace platform that connects homeowners and property managers ("Clients") with independent painting contractors ("Painters"). Texas Painters does not provide painting services itself and does not employ Painters. The Platform merely facilitates: Communication between Clients and Painters, Quoting and booking of projects, and Payment processing through third-party providers such as Stripe. Texas Painters' role is limited to operating the technology and ensuring secure transactions. We do not guarantee the quality, safety, or timeliness of work performed by Painters.
3. Independent Contractor Relationship
All Painters listed on the Platform are independent contractors, not employees, agents, or partners of Texas Painters. Nothing in these Terms shall be construed as creating an employment, partnership, joint venture, or agency relationship between Texas Painters and any Painter. Painters are solely responsible for: Their own work methods, tools, and materials; Obtaining and maintaining required licenses or insurance; Compliance with applicable labor, safety, and tax laws. Texas Painters has no control over how Painters perform their work and assumes no responsibility for Painter actions, omissions, or representations. Each Painter is solely responsible for maintaining, at their own expense, adequate insurance coverage for their activities performed through the Platform, including: General Liability Insurance with a minimum coverage of $500,000 per occurrence (recommended $1,000,000), covering bodily injury and property damage; and Commercial Auto Insurance if operating a vehicle for business purposes. Painters confirm that they carry valid general liability insurance or accept full responsibility for damages caused during their work. Texas Painters does not provide insurance coverage for Painters or Clients and is not responsible for verifying the existence or adequacy of any policy. By using the Platform, Painters represent and warrant that they have reviewed their insurance needs and obtained coverage appropriate to their business operations.
4. User Accounts
To access certain features, both Clients and Painters must create an account. You agree to: Provide accurate, up-to-date information; Maintain the confidentiality of your login credentials; Accept responsibility for all activity under your account. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or abusive activity.
5. Payments and Escrow
5.1 Payment Processing
Payments between Clients and Painters are processed securely via Stripe. Texas Painters may temporarily hold funds for the purpose of ensuring satisfactory project completion. After the Client confirms completion, funds are released to the Painter, minus any platform or service fees.
5.2 Escrow Disclaimer
Texas Painters does not hold funds as a bank, escrow, or trust institution. All payment handling is performed by Stripe or its affiliates in accordance with their terms of service.
5.3 Service Fees
Texas Painters may charge service or convenience fees to either the Client or the Painter. These fees will be disclosed prior to booking.
6. Sales Tax and Materials
For residential painting projects, labor is generally not subject to Texas sales tax under Texas Comptroller rules. Painters agree that all projects booked through Texas Painters are treated as lump-sum contracts, meaning that the total price quoted to the Client includes both labor and materials as a single combined charge. Painters must not separately charge Clients for materials, sales tax, or other line items outside of the agreed lump-sum price. Texas Painters, as the platform operator and seller of record for purposes of payment processing, is responsible for collecting and remitting any applicable sales tax in accordance with Texas law. Painters authorize Texas Painters to make such remittances on their behalf when applicable. Painters remain responsible for maintaining accurate purchase records and for any tax obligations arising from their own material purchases or income.
7. Refunds, Corrections, Cancellations, and Disputes
7.1 Client Disputes and Evidence Requirements
If a Client is dissatisfied with the work performed, they must notify Texas Painters within 7 days of project completion and provide adequate evidence of the alleged defect, including photographs, videos, or written descriptions. If the Client does not provide sufficient evidence, Texas Painters may deem the complaint unsubstantiated and consider the project completed. Texas Painters will review the evidence and determine whether the issue constitutes: A Correctable (Non-Structural) Defect, A Serious Defect, or A Condition Not Attributable to the Painter, as defined below. Texas Painters may require additional evidence if initial documentation is insufficient.
7.2 Classification of Defects
(a) Correctable (Non-Structural) Defects
These are cosmetic or minor imperfections that do not cause material damage and can be reasonably corrected. Examples include, but are not limited to:
- Roller or brush marks
- Coverage inconsistencies
- Minor drips or paint spots
- Finish irregularities
- Small touch-up needs after drying
- Light sanding imperfections
- Slightly irregular lines between surfaces
- Small paint specks removable by simple cleaning
(b) Serious Defects (Material or Non-Correctable Damage)
These are permanent or structural damages requiring repair beyond ordinary painting work. Examples include:
- Damage to trim, doors, or woodwork requiring carpentry
- Permanent damage to furniture or fixtures
- Paint spilled or dried on porous surfaces or fabrics
- Scratched glass or surfaces caused by improper abrasives
- Tile or surface damage caused by technical error
- Damage to electrical outlets, fixtures, or devices
- Damage or displacement of fixed property elements (light fixtures, rods, brackets, etc.)
(c) Situations Not Attributable to the Painter
The following do not constitute Painter defects:
- Pre-existing moisture causing bubbles, peeling, or adhesion failure
- Water infiltration or structural property issues
- Efflorescence, micro-cracks, or natural wall deterioration
- Coverage issues caused by paint or materials supplied by the Client
- Issues arising after completion due to pets, tenants, contractors, weather, or user activity
7.3 Remedies and Resolution Process
After classifying the issue, Texas Painters may, at its sole discretion, take one of the following actions:
- Correction - arrange a touch-up or repair by the original Painter or another qualified Painter;
- Replacement - assign a new Painter if correction is feasible and appropriate;
- Proportional Price Reduction - reduce or waive part of the final payment installment (if unpaid);
- Partial or Full Refund - only when correction is impossible, unreasonable, or disproportionately burdensome.
7.4 Client Responsibilities During Corrections
If a correction is authorized, the Client agrees to reasonably cooperate in scheduling and providing access for the Painter to perform the corrective work. If the Client does not provide reasonable cooperation or access after multiple attempts, Texas Painters may close the complaint and deem the project completed. Refunds are considered only in the circumstances expressly stated above. Texas Painters' total liability shall never exceed the amount paid by the Client for the disputed project.
7.5 Painter Responsibilities in Dispute Situations
If a refund, price reduction, or compensation is issued due to reasons attributable to the Painter, the corresponding amount will be deducted from the Painter's payout. Painters expressly authorize these deductions by using the Platform. If a Painter refuses, without valid justification, to perform an approved correction or complete required work, Texas Painters may:
- Withhold part or all of the Painter's payout for the project, and/or
- Suspend or remove the Painter from the Platform.
7.6 Cancellations
Clients may cancel bookings according to the policy displayed at checkout. Painters who cancel accepted jobs without valid justification may face reduced visibility, payout adjustments, suspension, or removal from the Platform.
8. No Warranty
Texas Painters provides the Platform "as is" and "as available." We make no warranties, express or implied, about:
- Painter qualifications or performance
- Job outcomes
- Timeliness of completion
Clients acknowledge that all services are rendered solely by independent Painters. Texas Painters disclaims all warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Responsibility
Texas Painters is not liable for:
- Property damage, defective work, or delays caused by Painters
- Losses resulting from user disputes
- Any indirect, consequential, or punitive damages
Clients and Painters agree to indemnify and hold harmless Texas Painters, its officers, employees, and affiliates from all claims, damages, or expenses arising from their acts, omissions, or use of the Platform. Texas Painters maintains its own general liability insurance policy covering its operations as a digital platform but does not extend such coverage to individual Painters or Clients.
10. Acceptable Use Policy
You agree not to use the Platform to:
- Violate any applicable law or regulation
- Upload or distribute unlawful, defamatory, harassing, or obscene content
- Impersonate others or misrepresent your identity
- Upload malicious software or interfere with Platform functionality
- Collect or use other users' data without consent
Texas Painters reserves the right to remove content, suspend accounts, or report violations to authorities where required.
11. User Content
You may upload or post photos, project details, or reviews ("User Content"). You retain ownership of your content but grant Texas Painters a non-exclusive, worldwide, royalty-free license to use, display, and reproduce it to operate and promote the Platform. You represent that your content does not infringe third-party rights. We may remove content that violates these Terms or applicable law.
12. Third-Party Links and Services
The Platform may include links to third-party websites or advertisements. Texas Painters is not responsible for third-party content, products, or services. Your dealings with third parties are solely between you and those third parties.
13. Intellectual Property
All content, trademarks, logos, and software on the Platform are the property of USA Painters Inc. or its licensors. You may not reproduce, copy, or distribute any portion of the Platform without our written consent. Painters retain ownership of their own logos, images, and work photos uploaded to their profiles but grant Texas Painters the right to display and promote them in connection with Platform marketing.
14. Termination
We may suspend or terminate your account and access to the Platform at any time, for any reason, including violations of these Terms. Upon termination, your right to use the Platform ceases immediately. Sections that by nature should survive termination (including indemnification, limitations of liability, and arbitration) will remain in effect.
15. DMCA Copyright Policy
We respect the intellectual property rights of others. If you believe that material on the Platform infringes your copyright, send a written notice to our designated agent:
- Designated Agent: Northwest Registered Agent, LLC.
- Address: 5900 Balcones Drive STE 100 Austin, TX 78731
- Email: hello@txpainters.com
Your notice must include: Your contact information and signature; Identification of the copyrighted work; The location of the infringing material; A statement of good-faith belief that use is unauthorized; and A statement under penalty of perjury that the information is accurate.
16. Dispute Resolution and Arbitration
16.1 Governing Law
These Terms are governed by and construed under the laws of the State of Texas, without regard to conflict-of-law principles.
16.2 Arbitration Agreement
All disputes arising from or related to these Terms, the Site, or services will be resolved through binding arbitration administered by JAMS under its rules. Arbitration will take place in Harris County, Texas, unless otherwise required by law. You waive the right to participate in class actions or jury trials. Each party will bear its own attorney's fees unless the arbitrator determines otherwise.
16.3 Opt-Out Option
You may opt out of arbitration within 30 days of first becoming subject to this clause by sending written notice to: hello@txpainters.com or 5900 Balcones Drive STE 100 Austin, TX 78731.
17. Electronic Communications
By using the Platform, you consent to receive all communications electronically. Such communications satisfy any legal requirement that they be in writing.
18. Miscellaneous
These Terms constitute the entire agreement between you and us. Our failure to enforce any right shall not constitute a waiver. If any provision is found invalid, the remainder remains in effect. You may not assign your rights without our consent. We may update these Terms at any time by posting the revised version on the Site. Continued use constitutes acceptance.
19. Contact Information
For questions related to these Terms & Conditions, please contact us at:
Email: hello@txpainters.com
Address: 401 Franklin Street, Houston, TX 77002