1. Introduction

Welcome to Shades of Texas (“Shades Of Texas”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our website located at https://shadesoftx.com (the “Website”) and any related services we may provide. By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.

2. Acceptance of Terms

These Terms constitute a binding agreement between you and ShadeSoftx. We may modify these Terms at any time. If we make material changes we will provide notice (for example via the Website or email) and update the “Effective Date” above. Continued use after changes indicates your acceptance of the revised Terms.

3. Eligibility

You must be at least 13 years old (or older where required by local law) to use the Website. By using the Website you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

4. Privacy

Our Privacy Policy describes how we collect and use information and is incorporated into these Terms. By using the Website you acknowledge you have read and agree to our Privacy Policy.

5. Account Registration

Certain features may require you to create an account. You agree to provide accurate, current, and complete information and to maintain and promptly update your account information. You are responsible for safeguarding your password and for all activity under your account. Notify us immediately of any unauthorized use.

6. Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable law or regulation;
• Interfere with or disrupt the Website or servers and networks connected to the Website;
• Use automated methods (bots, scrapers) to access the Website without our permission;
• Attempt to gain unauthorized access to other users’ accounts or protected areas of the Website;
• Upload or transmit viruses, malware, or other harmful code;
• Infringe any third-party rights, including intellectual property or privacy rights;
• Use the Website to send spam, solicitations, or otherwise commercialize the Website without our consent.

7. Content

Your Content: If you provide, post, or upload content to the Website (“Your Content”), you retain ownership of Your Content. By submitting Your Content you grant ShadeSoftx a non-exclusive, worldwide, royalty-free license to use, copy, reproduce, process, adapt, publish, transmit, and display Your Content for the purpose of operating and improving the Website and services.

Our Content: All content provided by ShadeSoftx, including text, graphics, logos, images, and software, is owned or licensed by ShadeSoftx and is protected by intellectual property laws. You may not use our content except as expressly permitted in writing.

8. Intellectual Property

ShadeSoftx and its licensors retain all rights, title, and interest in and to the Website and its content, including all related intellectual property rights. Nothing in these Terms grants you any rights to our trademarks or service marks.

9. Third-Party Links and Services

The Website may contain links to third-party websites or services. We do not control and are not responsible for third-party content, privacy practices, or terms. Links do not imply endorsement. Use third-party sites at your own risk.

10. Disclaimers

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHADESOFTX DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SHADESOFTX DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHADESOFTX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES WILL NOT EXCEED $1,000 OR THE AMOUNT YOU PAID US IN THE PRIOR 12 MONTHS, IF ANY.

12. Indemnification

You agree to indemnify, defend, and hold harmless ShadeSoftx, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) Your Content; or (c) your use of the Website.

13. Termination

We may suspend or terminate your access to the Website at any time, with or without notice, for any reason including violation of these Terms. Sections that by their nature should survive termination (for example Intellectual Property, Disclaimers, Limitation of Liability, Indemnification) will continue after termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. For any disputes not subject to mandatory arbitration (if applicable), you and ShadeSoftx submit to the exclusive jurisdiction of the state and federal courts located in Williamson, Texas.

15. Export Controls

You agree to comply with all local laws regarding online conduct and acceptable content. You will not use the Website in violation of export control laws and regulations.

16. Notices

We may provide notices by email, by posting on the Website, or by other reasonable means. If you want to contact us, email: [email protected].

17. Miscellaneous

Entire Agreement: These Terms, together with any documents they incorporate by reference, constitute the entire agreement between you and ShadeSoftx relating to the Website.

Severability: If a court finds any part of these Terms unenforceable, the remainder will remain in effect.

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

18. Changes to the Website or Services

We may change, suspend, or discontinue the Website or any features at any time without liability.

19. Contact

If you have questions about these Terms, please contact us at: [email protected].

20. SMS Messaging Program Terms

Program name and description: ShadeSoftx Customer Care SMS provides conversational text messages about quotes, appointments, project updates, customer care, and related offers for our products and services.

Message frequency: Message frequency varies based on your interactions with our team and the services you request.

Customer care: Reply HELP for help at any time. You can also contact us at [email protected]. Call or text us at 512-335-8908.

Opt out: Reply STOP to end text messages from us. After you opt out, you will no longer receive SMS messages unless you opt in again.

Privacy Policy: Please review our Privacy Policy for more information about how we collect and use your information.

Disclosures: Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.