Terms of Service

Cooler is a multi-tenant customer relationship management platform built for quote-driven, field-service businesses (for example: pressure washing, exterior lighting, gutter, and lawn-care companies). The Service helps you manage leads, customers, and properties; build and send priced estimates; collect electronic signatures; schedule and dispatch jobs; communicate with your customers by email and SMS; and view reporting on your business.

Each Customer operates within its own isolated "organization" workspace. Data belonging to one organization is not visible to another, and access within an organization is controlled by the roles and permissions your organization's administrators configure.

• You must be at least 18 years old and able to form a binding contract to create an account.
• You must provide accurate, current registration information and keep it up to date, including a valid business email address and, where applicable, a business phone number used to identify your organization to your own customers.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at security@thecoolerjob.com if you suspect unauthorized access.
• If you register on behalf of a company, you represent that you are authorized to bind that company to these Terms, and "you" refers to that company.
• Team members you invite to your organization are subject to these Terms and to any additional policies you, as the organization administrator, choose to impose on them. You are responsible for the actions of everyone you invite.

1. Plans. The Service is offered under subscription plans described on our pricing page. Plan features, seat limits, and pricing are subject to change with notice as described in Section 18.
2. Free trial. New organizations may be eligible for a free trial period, the length of which is shown at signup and on our pricing page. We may modify, extend, shorten, or discontinue the free trial (including on a per-account basis to prevent abuse) at our discretion. No credit card is required to start a trial unless stated otherwise at signup.
3. Billing cycle. Paid subscriptions bill monthly or annually in advance, based on the billing cycle you select. Annual billing is offered at a discount to the monthly rate, as shown at the time of purchase.
4. Automatic renewal. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You authorize us (and our payment processor) to charge your payment method on file for each renewal.
5. Payment processing. Payments are handled by a third-party payment processor. We do not store your full payment card number on our servers. Use of payment features is subject to the payment processor's own terms.
6. Taxes. Fees are exclusive of applicable taxes. You are responsible for any sales, use, VAT, or similar taxes associated with your subscription, other than taxes on our net income.
7. Changes to fees. We will give you at least 30 days' notice before increasing the fees on your then-current plan. Continued use after a fee change takes effect constitutes acceptance of the new fees.
8. Refunds. Fees are non-refundable except where required by law or expressly stated otherwise. If you cancel mid-cycle, you retain access through the end of the billing period you already paid for.
9. Failed payments. If a payment fails, we may suspend or downgrade your account after reasonable notice and an opportunity to update your payment method.

"Customer Data" means the data you and your team submit to the Service, including information about your leads, customers, properties, estimates, jobs, and any messages, photographs, or documents uploaded through the Service.

• Ownership. As between you and us, you own all Customer Data. We claim no ownership interest in it.
• License to us. You grant us a worldwide, non-exclusive license to host, process, transmit, display, and back up Customer Data solely to provide, maintain, secure, and improve the Service, and as otherwise described in our Privacy Policy.
• Your responsibility. You are solely responsible for the accuracy, legality, and appropriateness of Customer Data, including that you have all necessary rights and consents to collect it and to have us process it on your behalf (see Section 5 for consent requirements around marketing communications).
• End customers. With respect to your own customers' personal information (names, contact details, property addresses, communications, and signatures) that you input into the Service, you are the data controller and we act as your data processor / service provider, as described in our Privacy Policy.

You are responsible for how you and your team use the Service to communicate with your own customers, including via the built-in email and SMS features. You agree that you will:

• Only send marketing emails and text messages to recipients who have given the consent required under applicable law, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and equivalent laws in your jurisdiction.
• Honor unsubscribe and opt-out requests (including SMS "STOP" requests) promptly; the Service is designed to record consent events and check its suppression list before every marketing send, but you remain responsible for not working around those controls.
• Identify yourself accurately as the sender in every marketing message and include any disclosures required by law (for example, a valid postal address in marketing email footers).
• Not use the Service to send unsolicited bulk messages, spam, phishing content, or messages unrelated to your legitimate business communications with your own customers and leads.
• Not upload content that is unlawful, infringing, defamatory, or that violates the privacy or intellectual property rights of any third party.
• Not attempt to access another organization's data, probe or scan the Service for vulnerabilities without authorization, interfere with the Service's normal operation, or reverse-engineer the Service except to the extent such restriction is unenforceable under applicable law.
• Not use the Service to violate any applicable law or regulation.

We may suspend features, specific messages, or your account if we reasonably believe you are violating this Section, in order to protect the Service, other Customers, and message-carrier relationships (for example, SMS carriers' anti-spam requirements).

The Service allows your customers to review and electronically sign proposals you send them. You and your customers consent to conduct these transactions electronically to the fullest extent permitted by the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA) as adopted in your state, and equivalent laws elsewhere.

• The Service records the signer's typed or drawn signature, the consent language displayed at the time of signing, a timestamp, and technical metadata (such as IP address) as evidence of the signing event.
• Once signed, a proposal is versioned and a signed PDF copy is generated and retained so that both you and your customer can retrieve it later.
• You are responsible for ensuring that electronic signatures are an appropriate and legally sufficient method for the specific transactions you use the Service for in your jurisdiction and industry. Some transaction types (for example, certain real-estate, lending, or notarized documents) may not be eligible for electronic signature under applicable law — that determination is yours to make.

The Service integrates with third-party providers to deliver certain functionality, which may include a database and authentication provider, SMS and email delivery providers, mapping and geocoding services, and payment processing. Your use of features backed by a third-party provider is also subject to that provider's terms and privacy practices, and we are not responsible for the acts or omissions of third-party providers, including outages or changes to their services.

We and our licensors own all right, title, and interest in and to the Service, including its software, design, trademarks, and logos, excluding Customer Data. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term. All rights not expressly granted are reserved.

Each party may have access to the other party's non-public business, technical, or financial information ("Confidential Information"). Each party agrees to use the other party's Confidential Information only as needed to perform under these Terms, and to protect it with the same degree of care it uses for its own confidential information of similar importance (and no less than reasonable care). Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without restriction, or is independently developed without use of the disclosing party's Confidential Information. Customer Data is your Confidential Information.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ESTIMATE, INVOICE, TAX CALCULATION, TRAVEL-TIME ESTIMATE, OR OTHER OUTPUT GENERATED BY THE SERVICE IS ACCURATE OR COMPLETE. YOU ARE RESPONSIBLE FOR REVIEWING ANY DOCUMENT OR CALCULATION BEFORE SENDING IT TO YOUR CUSTOMERS OR RELYING ON IT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply to: your payment obligations; either party's indemnification obligations; a party's gross negligence, willful misconduct, or fraud; or a breach of Section 9 (Confidentiality); and do not limit liability that cannot be limited under applicable law.

You agree to defend, indemnify, and hold us harmless from and against any third-party claims, damages, liabilities, and reasonable expenses (including attorneys' fees) arising out of: (a) your Customer Data; (b) your use of the Service in violation of these Terms or applicable law, including Section 5 (Acceptable Use and Communications Compliance); or (c) your violation of any third party's rights. We agree to defend, indemnify, and hold you harmless from and against third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights.

• Term. These Terms remain in effect while you maintain an account or active subscription.
• Termination for convenience. You may cancel your subscription at any time from your account settings; cancellation takes effect at the end of your current billing period. We may discontinue the Service, in whole or as to a specific plan, with reasonable advance notice.
• Termination for cause. Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within 15 days of written notice, or immediately if the other party becomes insolvent or ceases operating in the ordinary course.
• Suspension. We may suspend your access immediately, without prior notice, if we reasonably believe suspension is necessary to prevent harm to the Service, other Customers, or third parties (for example, in response to a security incident or a serious violation of Section 5).
• Effect of termination. Upon termination, your right to access the Service ends. You may export your Customer Data for 30 days following termination by contacting support@thecoolerjob.com, after which we may delete it in accordance with our data retention practices described in our Privacy Policy.

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles, except where applicable law requires otherwise. The parties consent to the exclusive jurisdiction of the state and federal courts located in Sangamon County, Illinois for any dispute not subject to arbitration or informal resolution that the parties may separately agree to. Each party waives any objection to venue in those courts.

We may update these Terms from time to time. If we make a material change, we will provide notice by email to your account's administrator or by posting a notice within the Service at least 15 days before the change takes effect. Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to a material change, you may cancel your subscription before the change takes effect.

• Entire agreement. These Terms, together with our Privacy Policy and any plan-specific terms shown at checkout, constitute the entire agreement between you and us regarding the Service.
• Assignment. You may not assign these Terms without our prior written consent, except to a successor of substantially all of your business. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
• No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
• Notices. We may provide notices to you via the email address on your account or within the Service. You may provide notices to us at legal@thecoolerjob.com.

Questions about these Terms? Contact us at legal@thecoolerjob.com.