Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Texas PropHawk, doing business as PropHawk (“Company,” “we,” “us,” or “our”), concerning your access to and use of the PropHawk website (texasprophawk.com) and all related services (collectively, the “Service”).

By accessing or using our Service, you affirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

The Service is intended for licensed contractors, tradespeople, and business professionals operating in the State of Texas or seeking to serve Texas customers. You represent that you are using the Service for legitimate, lawful business purposes and that all information you provide is accurate, current, and complete.

PropHawk does not verify contractor licensing status. You are solely responsible for maintaining all required licenses, bonds, and insurance under Texas law for any trade in which you operate.

3. Account Registration and Security

3.1 Account Creation

To access the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. Account registration and authentication is handled by Clerk, a third-party identity provider.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@texasprophawk.com of any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or abuse of the Service.

4. Subscription and Payment Terms

4.1 Subscription Plans

PropHawk offers a monthly subscription at $39/month. A 3-day free trial is available for new subscribers. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase.

4.2 Billing and Automatic Renewal

Subscriptions automatically renew at the end of each monthly billing period unless cancelled prior to the renewal date. You authorize us to charge your payment method for the renewal fee. We will provide notice of upcoming renewals and any price changes.

4.3 Payment Processing

Payments are processed through Stripe, a third-party payment processor. You agree to provide valid payment information and authorize us to charge your payment method for all fees incurred. We do not store your full payment card details on our servers.

4.4 Failed Payments

If a payment fails, we may attempt to process the payment again. If payment cannot be processed after multiple attempts, your account may be suspended or downgraded until valid payment is received.

4.5 Free Trial

New subscribers may access a 3-day free trial. You may cancel during the trial period to avoid being charged. Once the trial period ends and you are billed, all fees are governed by our Refund Policy.

4.6 Price Changes

We reserve the right to change our pricing at any time. Price changes will take effect at the start of the next billing cycle following notice to you. Your continued use of the Service after a price change constitutes acceptance of the new price.

5. Cancellation and Refunds

See our full Refund Policy for complete details. In summary: all fees are non-refundable. Cancellation takes effect at the end of your current billing period, and you will retain access to the Service through that date.

6. Use of Service and Acceptable Use

6.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your lawful business purposes.

6.2 Prohibited Activities

You agree not to use the Service in any manner that:

• Violates any applicable federal, state, or local law or regulation
• Infringes the intellectual property or other rights of any third party
• Involves submitting false, deceptive, or misleading information
• Involves reverse engineering, decompiling, or disassembling any part of the Service
• Uses automated systems, bots, or scrapers to access the Service without authorization
• Resells, redistributes, or sublicenses the Service without our express written consent
• Interferes with or disrupts the Service or servers or networks connected to the Service
• Transmits viruses, malware, or other malicious code

See our full Acceptable Use Policy for a complete list of prohibited conduct.

7. AI-Generated Content and Proposals

7.1 Nature of AI Content

PropHawk uses artificial intelligence — specifically Anthropic's Claude API — to generate contractor proposals. The proposals generated are based on information you provide, trade-specific parameters, and general Texas contracting industry practices.

7.2 No Professional or Legal Advice

AI-generated proposals are suggestions only and do not constitute legal, financial, licensing, or professional advice. You are solely responsible for reviewing, editing, and verifying all proposals before sending them to clients. We recommend having any proposal terms reviewed by an attorney before use on high-value or complex projects.

7.3 Accuracy Disclaimer

While we strive for accuracy, we make no guarantee regarding the accuracy, completeness, pricing, code compliance, or suitability of AI-generated content for any specific project. AI systems can produce errors, omissions, or content that is inappropriate for your specific context. You are responsible for verifying all content.

7.4 Your Sole Responsibility

You are solely responsible for all proposals created, modified, or distributed using the Service. Pricing, scope, timeline, warranty, and contract terms presented to your clients are your sole professional and legal responsibility. PropHawk is a tool, not a licensed contractor or legal counsel.

8. Intellectual Property Rights

8.1 Our Property

The Service, including all software, code, content, features, text, graphics, logos, the PropHawk name and hawk logo, and related materials (excluding User Content), is owned by Texas PropHawk and is protected by copyright, trademark, and other applicable intellectual property laws.

8.2 Your Content

You retain ownership of all content you submit or upload to the Service (“User Content”). By submitting User Content, you grant us a limited, non-exclusive, royalty-free license to use and process your User Content solely to provide the Service to you.

8.3 Generated Proposals

You own all proposals generated for you using the Service. We acknowledge that similar proposals may be generated for other users based on similar project inputs.

9. Third-Party Services

The Service integrates with third-party providers, including Clerk (authentication), Stripe (payment processing), Anthropic (AI services), and Neon / Vercel (infrastructure). Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the actions, content, or policies of any third-party provider.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEXAS PROPHAWK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS OR BUSINESS OPPORTUNITIES; ERRORS IN AI-GENERATED PROPOSALS; CLIENT DISPUTES ARISING FROM PROPOSALS GENERATED USING THE SERVICE; OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Texas PropHawk, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from: your use or misuse of the Service; your violation of these Terms; your violation of any applicable law or regulation; your User Content; proposals generated using the Service; or disputes between you and your clients.

13. Data and Privacy

Your privacy is important to us. Please see our full Privacy Policy for details on how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

14.2 Jurisdiction and Venue

You agree that any legal action arising from or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Bexar County, Texas. You consent to the personal jurisdiction of such courts.

14.3 Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or the Service may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Texas.

14.4 Class Action Waiver

You agree that any dispute resolution proceeding shall be conducted on an individual basis and not as a class action or representative action.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and Acceptable Use Policy, constitute the entire agreement between you and Texas PropHawk regarding the Service.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Modifications

We may update these Terms from time to time. Material changes will be communicated by email or by posting a notice on the Service. Your continued use after such changes constitutes acceptance.

16. Contact Information