Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PacificTrade ("Company," "we," "us," or "our") governing your access to and use of the PacificTrade platform, website, and all related services (collectively the "Service").

By accessing or using the Service, creating an account, or clicking "I agree," you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

You must be at least 18 years of age to use the Service. By using PacificTrade, you represent and warrant that you meet this age requirement.

PacificTrade is a software-as-a-service (SaaS) platform that provides trade business owners with tools to manage quotes, scheduling, invoicing, customer relationships, and business revenue tracking. The Service also includes a customer-facing marketplace where homeowners and property owners can find and connect with verified trade businesses.

Key features include AI-powered quote generation, SMS and email delivery of quotes and invoices, a monthly scheduling calendar, fiscal year revenue tracking, job history recording, and client photo upload tools. The AI features are powered by third-party artificial intelligence services.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

To access most features of the Service, you must create an account. When registering you agree to:

• Provide accurate, current, and complete information about yourself and your business
• Maintain and promptly update your account information to keep it accurate
• Keep your password secure and confidential — you are responsible for all activity under your account
• Notify us immediately at support@pacifictrade.app if you suspect unauthorised access to your account
• Not share your account credentials with anyone outside your authorised team members
• Not create more than one account per business without our written consent

We reserve the right to refuse registration or terminate accounts at our discretion, particularly if we believe you have violated these Terms or applicable law.

PacificTrade offers paid subscription plans as described on our pricing page. By subscribing to a paid plan, you agree to the following billing terms:

• Billing cycle: Subscriptions are billed monthly on the anniversary of your subscription start date
• Automatic renewal: Your subscription will automatically renew each month unless you cancel before your renewal date
• Payment method: You must provide a valid payment method. By providing payment information, you authorise us to charge the applicable subscription fees
• Price changes: We may change subscription prices with at least 30 days' written notice. Continued use after the price change takes effect constitutes acceptance
• Failed payments: If payment fails, we will retry up to 3 times over 7 days. If payment continues to fail, your account may be suspended until payment is resolved
• No refunds: Subscription fees are non-refundable except as required by law or at our discretion in exceptional circumstances. If you cancel mid-cycle, you retain access until the end of your current billing period
• Taxes: Prices shown exclude applicable sales tax, which will be added at checkout where required by law

All payments are processed by Stripe. By using the Service, you also agree to Stripe's terms of service.

We offer a 14-day free trial to new users. During the trial period you have full access to the features included in your selected plan at no charge.

• Only one free trial per person and per business — creating multiple accounts to access multiple free trials is prohibited
• If you provide payment details at signup, your card will not be charged until after the trial period ends
• If you do not cancel before the trial ends, your selected subscription plan will automatically begin and your payment method will be charged
• We reserve the right to modify or discontinue the free trial offering at any time

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

• Violate any applicable local, state, national, or international law or regulation
• Send spam, unsolicited messages, or communicate with people who have opted out of receiving messages
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Upload or transmit any content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Attempt to gain unauthorised access to any part of the Service or its related systems
• Use automated tools, bots, or scrapers to access or extract data from the Service
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to store or transmit malicious code, viruses, or other harmful software
• Misrepresent your qualifications, licensing, or the nature of services you offer to customers
• Use another user's customer data for purposes other than providing services to that customer
• Reverse engineer, decompile, or attempt to extract source code from the Service

Violation of these rules may result in immediate account suspension or termination without refund.

PacificTrade enables business users to send SMS messages to their customers. By using the SMS features, you agree to the following:

• Consent: You are solely responsible for obtaining proper written or express consent from recipients before sending them SMS messages through PacificTrade. You must comply with the Telephone Consumer Protection Act (TCPA) and all applicable carrier requirements
• Opt-out: All SMS messages sent through PacificTrade must include opt-out instructions (e.g. "Reply STOP to opt out"). You must immediately honour opt-out requests and must not send further messages to anyone who has opted out
• Content: SMS messages must be relevant to the services you are providing or have provided to the recipient. You may not use PacificTrade SMS for bulk marketing campaigns, promotions, or messages unrelated to a specific job or service relationship
• Accuracy: You must not send false or misleading information via SMS
• Records: You should maintain records of consent obtained from SMS recipients as required by applicable law

PacificTrade is not liable for your failure to comply with TCPA or other applicable SMS regulations. You agree to indemnify and hold PacificTrade harmless from any claims, fines, or penalties arising from your improper use of the SMS feature.

PacificTrade uses artificial intelligence to generate quotes, price estimates, and other content. By using our AI features, you acknowledge and agree to the following:

• Not professional advice: AI-generated quotes and estimates are suggestions based on general market data and your job history. They are not professional valuations, legal advice, or financial advice. You are responsible for reviewing and adjusting all AI-generated content before sending it to customers
• Accuracy not guaranteed: AI estimates may be inaccurate, incomplete, or inappropriate for specific situations. Always apply your professional judgment before using AI-generated content
• Your responsibility: Any quote, estimate, or communication you send to a customer through PacificTrade — whether AI-generated or manually written — is your responsibility. PacificTrade is not a party to any contract between you and your customers
• Tax estimates: The revenue tracking and tax summary features in PacificTrade are for informational purposes only and do not constitute tax advice. Always consult a qualified accountant or tax professional for your actual tax obligations
• Data used: To improve AI estimate accuracy, we process your completed job history with our AI provider. No personally identifiable customer information is sent to AI providers — only job type, price, and property details

PacificTrade operates a marketplace where customers can find and contact trade businesses. The following terms apply to marketplace use:

For business users: By registering on PacificTrade, your business profile may be shown to customers looking for services in your trade and area. You agree that the information in your profile is accurate and that you hold all required licences and insurance for the services you advertise.

For customers: PacificTrade does not employ, endorse, or vouch for any specific business listed on the platform. The marketplace is a tool for discovery only. You are responsible for independently verifying the qualifications, licensing, insurance, and reputation of any business you hire.

No guarantee of work: Listing on the PacificTrade marketplace does not guarantee that you will receive any customer leads or bookings. The volume of customer matches depends on your location, trade type, and the growth of our customer user base.

Reviews: Reviews displayed on business profiles include both PacificTrade-verified reviews (linked to completed jobs on our platform) and publicly available Google Reviews. We do not edit or remove reviews except where they violate our content standards (spam, illegal content, personal attacks). Business owners may report reviews for investigation but cannot request removal of genuine negative reviews.

Disputes between users: PacificTrade is not responsible for resolving disputes between business users and customers. Any contractual relationship is solely between the business and the customer.

Our intellectual property: PacificTrade and all related technology, software, design, text, graphics, logos, and other content is owned by us or licensed to us and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without our written permission.

Your licence to use the Service: Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes.

Feedback: If you provide us with suggestions, feedback, or ideas for improving the Service, you grant us the right to use that feedback without restriction or compensation to you.

PacificTrade name and logo: You may not use the PacificTrade name, logo, or branding in any way that suggests an endorsement or partnership without our prior written consent.

You retain ownership of all content you upload to PacificTrade — including customer data, job photos, business information, and invoices. By uploading content to the Service, you grant us a limited licence to store, display, and process that content solely for the purpose of providing the Service to you.

You are responsible for ensuring that any content you upload — including customer information — is obtained and used in compliance with applicable privacy laws. You must have the right to upload and use all content you submit to the Service.

You can export your data at any time from within the app. Upon account termination, we will retain your data for 90 days during which you may request a final export, after which it will be deleted (subject to legal retention requirements for financial records).

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

No guarantee of uptime: We do not guarantee that the Service will be available at all times, uninterrupted, or error-free. We will make reasonable efforts to maintain service availability but are not liable for any downtime or interruptions.

Limitation of liability: To the maximum extent permitted by law, PacificTrade shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising from your use of or inability to use the Service. Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

Third-party services: We are not liable for the actions, content, or services of third-party providers integrated with PacificTrade, including Stripe, Twilio, Anthropic, Google, or others.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless PacificTrade and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of or inability to use the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party, including your customers
• Any content you upload or transmit through the Service
• Any improper use of the SMS messaging feature, including TCPA violations
• Any dispute between you and a customer

Informal resolution first: Before filing any formal dispute, you agree to contact us at legal@pacifictrade.app and attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days.

Binding arbitration: If we cannot resolve the dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in Los Angeles County, California, or by video conference.

Class action waiver: You agree to resolve disputes with PacificTrade on an individual basis only. You waive any right to bring or participate in a class action lawsuit or class-wide arbitration.

Exceptions: Either party may seek emergency injunctive or equitable relief in court to prevent irreparable harm. Small claims court actions are also exempt from the arbitration requirement.

Governing law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Termination by you: You may cancel your subscription and close your account at any time through your account settings or by contacting support@pacifictrade.app. Upon cancellation you retain access until the end of your current billing period. No refunds are issued for unused time.

Termination by us: We may suspend or terminate your account immediately and without notice if we believe you have violated these Terms, engaged in fraudulent activity, or if required by law. We may also terminate accounts with 30 days' notice for business reasons.

Effect of termination: Upon termination, your right to use the Service ceases immediately. We will retain your data for 90 days following termination, during which you may request an export. After 90 days your data will be deleted, subject to legal record-keeping requirements.

Sections 10, 11, 12, 13, 14, and 16 of these Terms survive termination.

Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and PacificTrade regarding the Service and supersede all prior agreements.

Modifications: We may update these Terms from time to time. We will notify you of material changes via email and in-app notice at least 30 days before changes take effect. Continued use after changes take effect constitutes acceptance.

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

Waiver: Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment: You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

Force majeure: We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, internet outages, government actions, or third-party service failures.

For questions about these Terms of Service, please contact us: