These Terms and Conditions ("Terms") govern your access to and use of the ClearCanvass platform, including the website at clearcanvass.io, the ClearCanvass mobile application, and all related services (collectively, the "Platform"), operated by ClearCanvass ("Company," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not use the Platform.
These Terms apply to two categories of users: (1) Consumers — homeowners and businesses who interact with the Platform through a dealer's virtual demo or shared results link; and (2) Dealers, Representatives, and Suppliers — water treatment businesses and their employees who subscribe to and use the Platform to manage sales, canvassing, and customer relationships.
By creating an account, clicking "I Agree," completing a virtual demo, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Platform on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you are 18 or older and have the legal capacity to enter into a binding agreement. The Platform is intended for use within the United States. We make no representation that the Platform is appropriate or available in other locations.
Dealer and representative accounts require registration. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to maintain account security.
Access to dealer features requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. We reserve the right to change subscription pricing upon 30 days' written notice. Continued use of the Platform after a price change constitutes acceptance of the new pricing. Failure to pay subscription fees may result in suspension or termination of your account. You are responsible for all applicable taxes.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose: water treatment sales management, customer education, canvassing, and related business activities. This license does not include the right to sublicense, resell, or commercially exploit the Platform itself or its underlying technology.
You agree not to:
Informational Purpose Only. The water quality information, test results, and product recommendations provided through the Platform are for informational and educational purposes only. They do not constitute a certified laboratory water test, a medical diagnosis, or a guarantee of product performance. You should consult a licensed water quality professional before making purchasing decisions based on Platform results.
Dealer Relationship. ClearCanvass is a technology platform. The dealer who shared the demo with you is an independent business, not an employee or agent of ClearCanvass. ClearCanvass is not responsible for the products, services, representations, or conduct of any dealer.
SMS Consent. By providing your phone number and completing a demo, you consent to receive SMS messages from the dealer associated with your demo regarding your water quality results and follow-up. Standard message and data rates may apply. Reply STOP at any time to opt out.
Compliance Responsibility. As a dealer or representative, you are solely responsible for ensuring your use of the Platform complies with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state door-to-door sales laws, FTC regulations governing home solicitation sales, and any applicable state water treatment dealer licensing requirements.
Consumer Data. You are the data controller for consumer information you collect through the Platform. You agree to use consumer data only for legitimate water treatment sales and service purposes and not to sell, rent, or share consumer data with third parties outside your organization without the consumer's explicit consent.
Accurate Representations. You agree to make only truthful, substantiated claims about water quality products and services. You may not use the Platform to make deceptive, misleading, or high-pressure sales representations.
SMS and Communications. You are responsible for obtaining proper consent before sending SMS messages to consumers through the Platform and for maintaining records of such consent. You must comply with all A2P 10DLC registration requirements imposed by US carriers.
Representative Accounts. If you add representatives to your account, you are responsible for their compliance with these Terms. You agree to promptly remove access for any representative who leaves your organization or violates these Terms.
The Platform, including its software, design, text, graphics, logos, and all other content created by ClearCanvass, is owned by ClearCanvass and protected by United States and international intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Platform without our express written permission. Your use of the Platform does not grant you any ownership rights in the Platform or its content.
Dealer branding assets (logos, images) uploaded to the Platform remain the intellectual property of the respective dealer. By uploading branding assets, you grant ClearCanvass a limited license to display those assets within the Platform solely for the purpose of providing the service to you.
You retain ownership of any content you submit to the Platform, including customer records, canvassing notes, and uploaded media. By submitting content, you grant ClearCanvass a non-exclusive, worldwide, royalty-free license to store, process, and display that content solely for the purpose of providing the Platform to you. You represent that you have all rights necessary to grant this license and that your content does not violate any third-party rights or applicable law.
The Platform integrates with third-party services including Twilio, Resend, and Google Maps. Your use of these services through the Platform is subject to their respective terms of service. ClearCanvass is not responsible for the availability, accuracy, or practices of any third-party service.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WATER QUALITY INFORMATION PROVIDED THROUGH THE PLATFORM IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A CERTIFIED LABORATORY ANALYSIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARCANVASS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend, and hold harmless ClearCanvass and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, your violation of any applicable law, or your infringement of any third-party rights.
We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including violation of these Terms. You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and dispute resolution — shall survive.
Informal Resolution. Before filing any formal legal action, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
Binding Arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Texas, United States. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
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. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Texas.
We reserve the right to modify these Terms at any time. When we make material changes, we will notify registered users by email and update the "Last Updated" date. Your continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.