Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Brushler application and related services (the “Service”). The Service is provided by Brushler, LLC, an Arizona limited liability company (“Brushler,” “we,” “us”). By creating an account, accessing, or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the organization you represent.

Contact: support@brushler.com.

1. The Service

Brushler is a business software platform for pool-service companies to manage customers, routes, service documentation, work orders, photos, and billing workflows (including optional QuickBooks Online integration). Features may change as we improve the product.

Your licence to use Brushler. Subject to these Terms and to payment of any applicable fees, Brushler, LLC grants your organization a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service — including the Brushler mobile and web applications — for your organization’s own internal business purposes, for as long as your subscription remains active. Brushler and its licensors retain all right, title and interest in the Service and in all intellectual property rights in it. No rights are granted to you other than those expressly stated in these Terms.

2. Accounts and organizations

• You must provide accurate account information and keep credentials confidential.
• Organization administrators are responsible for user invites, roles, and access within their tenant.
• You are responsible for activity under your account and for the data your organization enters.

3. Customer data and content

Organizations own the customer and operational content they submit (“Customer Content”). You grant Brushler a limited license to host, process, transmit, and display Customer Content solely to provide and improve the Service. You represent that you have the rights needed to upload and process that content (including customer contact details and service photos).

4. Acceptable use

You agree not to:

• Use the Service unlawfully or to infringe others’ rights
• Attempt to access other organizations’ data
• Probe, disrupt, or overload the Service
• Reverse engineer the Service except where allowed by law
• Upload malware or abusive content

5. Beta / preview access

If you receive free preview, beta, or early-access builds, the Service is provided as-is for evaluation. Features may be incomplete, change, or be withdrawn. You should keep existing business systems as fallback during beta. We may offer beta organizations a paid plan, but we will not start charging you without your affirmative agreement — see section 7.10. If you decline, we will provide a reasonable path to export or offboard your data.

6. Third-party services

Optional integrations (such as QuickBooks Online) and map providers are governed by their own terms and privacy policies. Brushler is not responsible for third-party services you choose to connect or enable.

7. Fees, billing and refunds

7.1 Plans and pricing. Paid access to the Service is sold as a monthly subscription. Fees are based on the number of active service locations in your organization, subject to a monthly minimum. The current rate, the minimum, and any promotional or founding-customer rate are those published on our pricing page or stated in your order at the time you subscribe, and they form part of these Terms.

7.2 What counts as an active service location. A service location is counted for a billing month if it has an active route assignment on the last day of that month. Locations you paused, placed on hold, archived, or removed before that day are not counted. Counting is per location, not per visit — servicing the same pool four times in a month is one active service location, not four. Your current count is visible in the app at any time, and your invoice will show the count it was based on.

7.3 Billing period and automatic renewal. Subscriptions are billed monthly in advance and renew automatically each month until you cancel. Your first billing period begins when you subscribe or when you accept conversion from a free or beta plan. We will send an invoice or receipt for each billing period to your organization’s billing contact.

7.4 Payment. You authorize us, and our payment processor, to charge your saved payment method for each renewal, for any applicable taxes, and for any overage above your plan’s included amounts. You are responsible for keeping your payment details current.

7.5 Taxes. Fees are stated exclusive of tax. Where we are required to collect sales, use, transaction privilege, or similar taxes, those are added to your invoice and charged in addition to the fees. You are responsible for any taxes on your own business.

7.6 Price changes. We may change our prices. We will give you at least 30 days’ notice before a change takes effect, and any change applies only from your next billing period — never retroactively, and never mid-period. If you do not accept a price change, you may cancel before it takes effect. Where we have expressly offered you a locked founding-customer rate, that rate applies for as long as your subscription remains continuously active, and a general price increase does not override it.

7.7 Late or failed payment. If a charge fails, we will retry it and notify your billing contact. If payment remains outstanding, we may suspend access to the Service after giving you notice and a reasonable opportunity to fix it. Suspension is not deletion: your organization’s data remains available for export during the period described in section 11 and in the Privacy Policy.

7.8 Cancellation. You may cancel at any time. Cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then. We do not require a phone call, a retention conversation, or advance notice to cancel.

7.9 Refunds. Our refund policy is:

• Billing errors are always refunded. If we charge you incorrectly — the wrong location count, a duplicate charge, a charge after cancellation, or any other error on our side — tell us and we will correct it and refund the difference. This is not discretionary.
• First paid month. If you are dissatisfied within 30 days of your first paid charge, contact us and we will refund that charge in full.
• Otherwise. Fees already paid for a billing period are not refunded on a pro-rata basis when you cancel mid-period; instead you retain access for the remainder of that period.

Nothing in this section limits any refund or cancellation right you have under applicable law, and where such a right exists it prevails over the paragraph above.

7.10 Free and beta access. Free, preview, and beta organizations are not charged. We will not begin charging you without telling you in advance and obtaining your affirmative agreement to a paid plan — a free plan does not silently convert into a paid one.

8. Intellectual property

Brushler and its software, branding, and documentation remain our property. These Terms do not transfer ownership of our IP to you, and do not transfer ownership of Customer Content to us.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRUSHLER AND ITS OPERATORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO BRUSHLER FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM (OR USD $100 IF YOU ARE ON A FREE / BETA PLAN).

11. Termination

You may stop using the Service at any time. We may suspend or terminate access for breach, risk, or non-payment. Upon termination, your right to use the Service ends. We may retain data as described in the Privacy Policy and for legal/compliance needs.

12. Changes

We may update these Terms. The “Last updated” date will change when we do. Continued use after changes become effective constitutes acceptance.

13. Governing law

These Terms are governed by the laws of the State of Arizona, USA, excluding conflict-of-law rules, unless mandatory local law provides otherwise.

14. Contact

Questions about these Terms:
Brushler, LLC (Arizona, USA)
support@brushler.com