Terms of Service

1. Agreement to Terms & Corporate Authority

These Terms of Service ("Agreement" or "Terms") constitute an enforceable contract between CanvassPad ("Developer," "operator," "we," "us," or "CanvassPad") and you, whether individually or on behalf of a real estate brokerage, sales team, independent contractor entity, or corporate enterprise ("Customer," "User," or "you").

By downloading, installing, accessing, or using the CanvassPad mobile application ("App"), accessing canvasspad.com ("Website"), or purchasing a subscription, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into this Agreement on behalf of a brokerage, team, or firm, you represent and warrant that you possess full corporate and legal authority to bind that entity to these Terms. If you do not agree to these Terms, you are strictly prohibited from accessing or using the App and Website.

2. Nature of Platform — Visual Field Documentation Only

CanvassPad is strictly an electronic software utility designed for geographic farming field documentation, GPS breadcrumb route recording, door visit outcome categorization, lead sentiment indexing, offline voice note transcription, and summary PDF and CSV export generation for internal real estate business record-keeping.

NO REAL ESTATE BROKERAGE OR PROFESSIONAL ADVICE: CanvassPad DOES NOT provide, nor does it purport to provide, real estate brokerage representation, licensed appraisal valuations, title examination, property boundary surveys, architectural evaluations, legal advice, or professional solicitation clearance. The App and generated PDF/CSV summaries serve strictly as an organized personal record of observations made and entered directly by the user.

NO SOLICITATION PERMITS OR REGULATORY CLEARANCE: CanvassPad does not grant, verify, or manage municipal door-to-door solicitation permits, homeowner association (HOA) community access rights, private property gate permissions, or local regulatory clearances. You and your sponsoring brokerage assume sole and exclusive responsibility for determining, examining, and obeying all municipal, county, state, and HOA ordinances regarding door-to-door canvassing, curfew hours, "No Soliciting" designations, and private property rights before conducting field activities.

AUDIO RECORDING & CONSENT OBLIGATIONS (FLORIDA TWO-PARTY CONSENT): CanvassPad provides on-device voice dictation for personal field note-taking. You acknowledge and agree that it is your sole responsibility to comply with all applicable state and federal wiretapping and eavesdropping statutes (including Florida Statutes § 934.03 regarding two-party consent to oral communication interception). You agree never to record private oral conversations with residents or property owners without obtaining any required lawful consent.

3. Software License & Permitted Use

Subject to your ongoing adherence to these Terms, CanvassPad grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on Apple-branded iOS hardware that you own or control, in accordance with the Apple Media Services Terms and Conditions.

Prohibited Conduct: You shall not: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code of the App; (b) modify, adapt, translate, or create derivative works based upon the App; (c) rent, lease, loan, sell, sublicense, or distribute the App to unauthorized third parties; (d) circumvent or attempt to bypass any technological protection, security mechanism, or licensing verification implemented in the App; (e) benchmark or scrape the App for competitive purposes; or (f) use the App for any fraudulent, unlawful, harassing, or unauthorized purpose.

4. Storage Architecture & User Data Backups

Local-First On-Device Architecture: CanvassPad operates on a local-first architecture. All door visit records, contact details, resident names, phone numbers, notes, lead sentiment tags, voice recordings, and GPS route breadcrumbs are stored strictly within the private local application sandbox on your physical Apple device (via Apple SwiftData).

Data Retention & User Responsibility: CanvassPad does not operate external centralized cloud servers or maintain remote backups of your field data. Because all information resides exclusively on your local device, deleting or uninstalling the application, resetting the device, or clearing application storage without an independent export will remove un-exported local records. The developer does not maintain cloud backups and cannot retrieve deleted local files. Users are advised to regularly export their farming data via RFC 4180 CSV or executive PDF reports to maintain their own independent backups.

5. Subscriptions, In-App Purchases & Strict No-Refunds Policy

Complimentary Tier: CanvassPad provides three (3) complimentary full farming sessions upon initial download with zero ads and no account registration required.

In-App Purchases (StoreKit 2): For continued unlimited farming sessions, users may purchase auto-renewable subscriptions (Pro Monthly at $9.00/month or Pro Annual at $49.00/year) processed securely through the Apple App Store under Apple's standard Terms of Service and End User License Agreement (EULA). Payment is charged to your Apple ID account at confirmation of purchase.

Auto-Renewal & Cancellation: Subscriptions automatically renew unless canceled in your Apple ID Account Settings at least 24 hours prior to the conclusion of the current billing period. You may cancel your subscription at any time via your Apple device settings.

STRICT NO-REFUNDS POLICY: ALL SUBSCRIPTION PAYMENTS AND IN-APP PURCHASES ARE PROCESSED DIRECTLY BY APPLE AND ARE NON-REFUNDABLE BY CANVASSPAD. CanvassPad does not provide direct refunds, pro-rated reimbursements, or credits for partially used billing cycles. Refund requests for transactions processed through Apple must be directed to Apple Support in accordance with Apple's refund guidelines.

6. Absolute Disclaimer of Warranties

THE CANVASSPAD APPLICATION, WEBSITE, DOCUMENTATION ENGINES, REVERSE GEOCODING UTILITIES, SATELLITE MAP SNAPSHOTS, AND ALL GENERATED PDF/CSV EXPORTS ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF GPS COORDINATES, SATELLITE FIX RELIABILITY, REVERSE GEOCODING RESOLUTION, MAP BOUNDARY PRECISION, UNINTERRUPTED AVAILABILITY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE OPERATION OF THE APP WILL BE ERROR-FREE, SECURE, OR COMPATIBLE WITH EVERY FUTURE OPERATING SYSTEM UPDATE.

7. Strict Limitation of Liability & Monetary Cap

EXCLUSION OF CONSEQUENTIAL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANVASSPAD, ITS DEVELOPERS, OPERATORS, AFFILIATES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REAL ESTATE COMMISSIONS, LOSS OF PROSPECTIVE CLIENTS, TRANSACTION FAILURES, MUNICIPAL CITATIONS, HOA FINES, TRESPASS CLAIMS, DISPUTES WITH RESIDENTS, BUSINESS INTERRUPTION, LOSS OF REPUTATION, LOSS OR CORRUPTION OF FIELD RECORDS, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MONETARY AGGREGATE LIABILITY CAP: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CANVASSPAD AND ITS OPERATORS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APP, OR GENERATED EXPORTS, UNDER ANY AND ALL THEORIES OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL BE STRICTLY LIMITED AND CAPPED AT:

8. Broad Indemnification & Defense ("Hold Harmless")

You agree to defend, indemnify, and hold harmless CanvassPad, its operators, contractors, and agents from and against any and all claims, demands, actions, liabilities, damages, judgments, losses, fines, costs, and expenses (including reasonable attorney fees and court or arbitration costs) arising out of or related to:

9. Mandatory Informal Dispute Resolution (60-Day Notice Period)

Prior to commencing any arbitration or judicial proceeding, you and CanvassPad agree to engage in informal good-faith negotiations to resolve the dispute. The initiating party must send a formal written Notice of Dispute detailing the specific facts, claim, and requested relief to the other party via the official contact form at canvasspad.com/support.html.

Both parties agree to negotiate in good faith for a period of sixty (60) calendar days from receipt of the Notice. No arbitration or judicial proceeding may be filed until the expiration of this 60-day informal negotiation period. Any action filed without adhering to this condition precedent shall be subject to immediate dismissal with prejudice, with the filing party responsible for all attorney fees incurred.

10. Mandatory Binding Individual Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the App, Website, or the breach, termination, enforcement, interpretation, or validity thereof, which cannot be resolved through informal negotiations, shall be resolved EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules (or Consumer Arbitration Rules if applicable).

Exclusive Venue: The arbitration shall take place exclusively in Orange County or Miami-Dade County, Florida. The arbitration shall be conducted in the English language by a single independent arbitrator. The arbitrator shall have exclusive authority to resolve all issues regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement.

Confidentiality: All aspects of the arbitration proceeding, including rulings, evidence, and awards, shall remain strictly confidential. The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

11. Class Action & Collective Proceeding Waiver

YOU AND CANVASSPAD AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ARBITRATION, NOR AWARD RELIEF BEYOND THAT REQUIRED TO RESOLVE THE INDIVIDUAL CLAIMANT'S DISPUTE.

12. Mutual Waiver of Jury Trial

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOTH YOU AND CANVASSPAD HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING, LAWSUIT, COUNTERCLAIM, OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE APP, OR GENERATED EXPORTS.

13. One-Year Time Limitation (Statute of Limitations Reduction)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY ARBITRATION CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE APP, OR GENERATED EXPORTS MUST BE FORMALLY COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF NOT FILED WITHIN ONE (1) YEAR, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY AND FOREVER BARRED.

14. Governing Law & Exclusive Judicial Forum

This Agreement, and any dispute arising hereunder, shall be governed by, construed, and enforced in accordance with the substantive laws of the State of Florida, USA, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.), without giving effect to any principles of conflicts of law. To the extent that any dispute or proceeding is permitted to proceed in a court of law rather than arbitration, both parties submit to the exclusive jurisdiction and venue of the state or federal courts located in Orange County or Miami-Dade County, Florida.

15. Severability & Entire Agreement

If any provision or portion of this Agreement is held to be invalid, unlawful, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. This Agreement constitutes the complete and exclusive understanding between you and CanvassPad regarding the subject matter hereof, superseding all prior proposals or representations.

16. Contact & Support

For questions, notices of dispute, or inquiries regarding these Terms of Service, please contact CanvassPad through the official contact form at the Help & Support Center.