Please read these Terms of Service (“Terms”) carefully before using ProposalHammer (“Service,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Description of Service
ProposalHammer is a business management platform designed for contractors and tradespeople. It provides tools for creating and sending quotes, managing invoices, tracking leads and clients, scheduling appointments, and collecting payments through Stripe. The Service is provided on a subscription basis.
2. Eligibility
You must be at least 18 years old and capable of forming a binding contract to use the Service. By using ProposalHammer, you represent that you meet these requirements and that all information you provide is accurate and complete.
3. Account Registration
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:
- Provide accurate and current information when registering
- Notify us immediately of any unauthorized use of your account
- Not share your login credentials with others
- Not create more than one account per person or business
We reserve the right to suspend or terminate accounts that violate these Terms.
4. Subscription and Billing
ProposalHammer is offered on a paid subscription basis. By subscribing, you authorize us to charge your payment method on a recurring monthly basis at the rate in effect at the time of your subscription.
- New accounts begin with a free trial period as stated at registration
- At the end of your trial, your subscription will automatically convert to a paid plan unless you cancel
- Subscription fees are billed in advance on a monthly basis
- Prices are subject to change with 30 days' advance notice
- All fees are in U.S. dollars unless otherwise stated
For our full refund policy, see the Refund Policy.
5. Payment Processing
Payments made through the Service (such as clients paying invoices) are processed by Stripe. When you connect a Stripe account to receive payments, you agree to Stripe's Terms of Service. ProposalHammer is not responsible for errors, delays, or issues originating with Stripe. We do not store full credit card numbers.
6. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law or regulation
- Defraud, deceive, or mislead clients or other users
- Upload or transmit malware, viruses, or malicious code
- Attempt to gain unauthorized access to other accounts or systems
- Scrape, copy, or redistribute the Service or its content without permission
- Send unsolicited commercial messages (spam)
- Use the Service for any illegal business activity
We reserve the right to suspend or terminate your account immediately if we determine you have violated this section.
7. Your Data and Content
You retain ownership of all data and content you upload or create through the Service, including client information, quotes, invoices, and business details (“Your Content”). By using the Service, you grant us a limited license to store and process Your Content solely for the purpose of providing the Service to you.
We will not sell Your Content or share it with third parties except as required to deliver the Service (e.g., email delivery providers, payment processors) or as required by law. See our Privacy Policy for full details.
8. Support Account Access
By using ProposalHammer, you acknowledge and consent that authorized ProposalHammer support personnel may access your account for the following purposes only:
- Troubleshooting: Diagnosing and resolving technical issues you have reported
- Service delivery: Assisting with configuration, onboarding, or account setup at your request
- Maintenance: Performing necessary system maintenance or data integrity operations
- Security: Investigating suspected unauthorized access or policy violations
All support access sessions are governed by the following safeguards:
- Full audit logging: Every support access session is recorded, including the identity of the staff member, the date and time of access, the account accessed, and a log of actions taken
- Purpose limitation: Support staff may not use account access to view, copy, or use your data for any purpose other than providing support
- Minimal access: Access is limited to what is reasonably necessary to resolve the issue at hand
- No password access: Support staff never access or view your password; all passwords are stored as one-way cryptographic hashes
Support account access is never used to read, alter, or share your data for commercial purposes. You may request a copy of your account access log at any time by contacting support@proposalhammer.com.
9. Data Responsibility
You are solely responsible for the accuracy and legality of the data you enter into ProposalHammer, including client names, contact information, job details, and financial figures. You represent that you have obtained any necessary consent to store and process your clients' personal information.
10. Intellectual Property
All software, design, branding, and content that comprises the ProposalHammer platform (excluding Your Content) is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from our platform without our express written permission.
11. Uptime and Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may perform scheduled or emergency maintenance that temporarily interrupts access. We are not liable for any losses or damages resulting from service interruptions beyond our reasonable control.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ProposalHammer is a business management tool. We are not a law firm, accounting firm, or financial advisor. Nothing in the Service constitutes legal, tax, or financial advice. You are responsible for ensuring your quotes, invoices, and business practices comply with applicable laws.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPOSALHAMMER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE MONTHS PRECEDING THE CLAIM.
14. Cancellation and Termination
You may cancel your subscription at any time from your account settings or by contacting us. Upon cancellation:
- Your account will remain active until the end of your current billing period
- No prorated refunds are issued for unused portions of a billing period
- Your data will be retained for 30 days after cancellation, after which it may be permanently deleted
- You may export your data at any time before cancellation
We reserve the right to terminate accounts for violation of these Terms, non-payment, or for any other reason with reasonable notice.
15. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email and by posting the updated Terms with a new effective date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Santa Clara County, California.
17. Contact
Questions about these Terms? Contact us at support@proposalhammer.com.