Terms of Use

DraftSpan is a business management platform for contractors and freelancers. The Service helps you create and send estimates, invoices, and change orders; manage customer records; connect financial accounts and view transaction data; upload receipts; and organize and export business information. The Service is provided for informational and organizational purposes only. DraftSpan is not a bank, accountant, or financial advisor, and does not provide financial, tax, or legal advice. Key definitions used in these Terms: - "Service" means the DraftSpan web application and all related features, tools, and APIs operated by Draft Span LLC. - "User" or "you" means any individual or entity that accesses or uses the Service. - "User Content" means estimates, invoices, change orders, customer records, receipts, attachments, and any other data or files you create, upload, or store through the Service. - "Subscription" means a paid plan that gives you access to premium features of the Service. - "Free Trial" means a limited-time promotional period during which you may access premium features at no charge. Our Privacy Policy (available at /privacy) describes how we collect, use, and protect your information and is incorporated into these Terms by reference. By using the Service, you also agree to our Privacy Policy.

You must be at least 18 years old and located in the United States to use the Service. You agree to provide accurate information and keep your account credentials secure. You are responsible for all activity that occurs under your account. Business Use Only: The Service is intended for business use by contractors, freelancers, and similar professionals. You represent that you are using the Service for commercial purposes and not primarily for personal, household, or consumer use.

Eligible first-time users may receive a three (3) month free trial of DraftSpan Premium ("Free Trial"). We may require a payment method to start the Free Trial. Unless you cancel before the Free Trial ends, your subscription will automatically convert to a paid plan and renew as described below. Free Trials are limited to one per user/account and may be modified or discontinued at any time.

If you purchase a Subscription, payments are processed by Stripe. Subscriptions renew automatically at the end of each billing cycle until you cancel. You can manage or cancel your Subscription within the Service (or as otherwise described at checkout). Cancellation and proration: - If you cancel mid-cycle, you retain access to premium features until the end of your current paid period. We do not issue prorated refunds for unused portions of a billing cycle unless required by applicable law. - Cancellation takes effect at the end of the current billing period; you will not be charged for subsequent periods. Refunds: - You may request a refund one (1) time for your first paid Subscription charge. This one-time refund applies per account and is limited to the first paid charge only. - After a refund is issued, you are not eligible for additional refunds for future Subscription charges, including if you resubscribe later. - We may deny refund requests that we reasonably believe are abusive, fraudulent, or not associated with a first paid charge. - Fees are otherwise non-refundable except where required by applicable law or expressly stated at checkout. Chargebacks: - If you dispute a charge with your bank or card issuer (a "chargeback"), we may suspend your account pending resolution. We reserve the right to terminate accounts associated with fraudulent or abusive chargebacks. You are responsible for applicable taxes. We may change pricing with at least 30 days' notice (or as otherwise required by applicable law). Continued use after a price change takes effect constitutes acceptance of the new pricing.

If you choose to connect a financial account, DraftSpan uses Plaid to facilitate that connection. You authenticate directly with Plaid; DraftSpan does not receive or store your bank login credentials. Your use of Plaid is subject to Plaid’s terms and privacy practices.

You may create estimates, invoices, change orders, and customer records, and upload receipts, images, PDFs, and related metadata (collectively, "User Content"). You retain ownership of your User Content. You grant DraftSpan a limited, worldwide, non-exclusive license to host, store, process, reproduce, and display User Content solely to operate and provide the Service (including sending documents to your clients on your behalf, generating PDFs, exporting data, and presenting your data to you). You represent that you have the rights needed to create and upload User Content and that it does not violate law or third-party rights. Feedback: If you provide suggestions, ideas, or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the Service without obligation or compensation to you. Intellectual property: The Service, including its design, logos, branding, software, and documentation, is owned by Draft Span LLC or its licensors and is protected by applicable intellectual property laws. These Terms do not grant you any right to use our trademarks, trade names, or branding without prior written consent.

When you enter your clients' information (such as names, email addresses, phone numbers, and addresses) into DraftSpan, you represent that you have the right to provide that information to us and to use our Service to contact those individuals. You are responsible for complying with applicable laws regarding the personal information of your clients that you store or transmit through the Service. DraftSpan processes your clients' information on your behalf to operate the Service (for example, to deliver estimates and invoices you choose to send). We do not use your clients' contact information for our own marketing purposes. Your Client Relationship: Your clients are not DraftSpan customers unless they separately create their own account. You are solely responsible for your contracts, pricing, work performance, and communications with your clients.

When you send an estimate, invoice, or change order through DraftSpan, we deliver the email to your client on your behalf using our email delivery provider (Postmark). These emails include delivery, open, and click tracking (including tracking pixels) so you can see when your client engages with the document. Open tracking may not be perfectly accurate (for example, if a recipient's email client blocks images). You are responsible for: - Ensuring that your use of the email sending features complies with applicable laws (including CAN-SPAM and similar regulations). - Sending emails only to individuals with whom you have a legitimate, existing business relationship. - Obtaining any consents required by applicable law before sending communications that include tracking (such as open and click tracking). - Not using the Service to send unsolicited bulk emails, marketing messages, or communications for any purpose other than legitimate business operations with your clients. If we receive complaints about emails sent through your account, we may suspend your ability to send emails through the Service.

You agree not to: - Use the Service for unlawful, harmful, or abusive purposes - Attempt to access other users’ data or systems without authorization - Reverse engineer, scrape, or disrupt the Service - Introduce malware or otherwise compromise security We may suspend or terminate your access if you violate these Terms.

We may update, modify, or discontinue the Service (in whole or in part) at any time. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. Maintenance and outages may occur.

The Service relies on third-party services to operate, including Plaid (bank connections), Stripe (payment processing), Postmark (email delivery), Google (address autocomplete via Places API), Vercel (hosting and performance monitoring), Supabase (database and authentication), and Upstash (rate limiting). We are not responsible for third-party products or services, and their terms govern your use of them.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DRAFTSPAN DOES NOT PROVIDE FINANCIAL, TAX, OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR VERIFYING INFORMATION BEFORE MAKING DECISIONS. DraftSpan does not guarantee that invoices will be paid, that disputes with your clients will be resolved, or that you will collect amounts billed. Any payment timing, fees, chargebacks, or reversals depend on your client, Stripe, and the client's bank or card issuer.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRAFT SPAN LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID (IF ANY) FOR THE SERVICE DURING THAT PERIOD OR (B) ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR (I) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (II) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR (III) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify and hold harmless Draft Span LLC and its members, managers, employees, and contractors from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, or your violation of these Terms.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Informal Resolution: Before filing a formal claim, you agree to first contact us at support@draftspan.com and attempt to resolve the dispute informally for at least thirty (30) days. Your notice must include your name, account email, a description of the dispute, and the relief you seek. How to Initiate Arbitration: If informal resolution is unsuccessful, either party may begin arbitration by sending a written demand to the other party. Written notices to DraftSpan should be sent to: Draft Span LLC, Attn: Legal, support@draftspan.com. Arbitration: Except for disputes that qualify for small claims court (as described below), you and DraftSpan agree to resolve all disputes through binding, individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules in effect at the time the demand is filed (including the Consumer Arbitration Rules or Commercial Arbitration Rules, as appropriate). The arbitrator may award the same damages and relief that a court could award. Small Claims Court: Either party may bring an individual action in small claims court in Denver County, Colorado (or the county where you reside) if the claim qualifies under that court's rules. Injunctive Relief: Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent imminent, irreparable harm pending arbitration. Fees and Costs: Each party is responsible for its own attorneys' fees and costs, except as otherwise provided by AAA rules or applicable law. If the arbitrator finds that a claim or defense was frivolous, the arbitrator may award reasonable attorneys' fees to the prevailing party. Batch Arbitration: If 25 or more similar claims are filed against DraftSpan within a 60-day period, those claims may be grouped into batches of no more than 50 for coordinated proceedings. Each batch will be assigned to a single arbitrator. This process does not alter the individual nature of each claim. Class Action Waiver: YOU AND DRAFTSPAN AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. Time Limit: Any arbitration or court claim must be filed within one (1) year after the dispute first arose, or the claim is permanently barred. This does not apply where a longer period is required by applicable law. Opt-Out: You may opt out of this arbitration agreement by emailing support@draftspan.com within 30 days of first accepting these Terms. Your notice must include your name and the email address associated with your account. If you opt out, this arbitration agreement will not apply to you, but all other provisions of these Terms remain in effect. Severability and Survival: If any part of this arbitration section is found unenforceable, the remaining parts continue to apply. If the Class Action Waiver is found unenforceable as to a particular claim, that claim (and only that claim) must be severed from arbitration and brought in court. This arbitration section survives termination of these Terms and your account.

You may stop using the Service or cancel your Subscription at any time through your account settings. We may suspend or terminate access to the Service at any time if you violate these Terms, if we reasonably believe your account poses a security risk, or to protect the Service or other users. Upon termination or cancellation: - Your right to use the Service ends at the close of your current paid period (if applicable). - You may export your User Content (estimates, invoices, customer records, and transaction data) using the export features available within the Service before your access ends. We recommend exporting your data before cancellation. - Active public links to estimates, invoices, and change orders you previously shared will be disabled and will no longer be accessible to recipients. - We may retain certain records (such as security logs, billing records, and audit trails) as needed for legal compliance, fraud prevention, dispute resolution, or enforcement of these Terms, as further described in our Privacy Policy. Data deletion after account closure is handled as described in the Privacy Policy. You may also request deletion by contacting us at support@draftspan.com. The following sections survive termination: Definitions, Your Content (license), Feedback, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive.

These Terms are governed by the laws of the State of Colorado, without regard to conflict of laws rules. If arbitration does not apply to a dispute, any court proceeding will be brought in the state or federal courts located in Denver County, Colorado, except that either party may bring an individual action in small claims court in Denver County, Colorado, or the county where you reside, if the claim qualifies under that court's rules. You consent to personal jurisdiction in Denver County, Colorado for any such proceedings.

We may update these Terms from time to time. If we make material changes, we will provide notice by updating the effective date and/or providing in-product notice. Your continued use of the Service after changes become effective means you accept the updated Terms.

You are responsible for complying with all laws applicable to your business, including licensing, tax obligations, recordkeeping, and customer communications. DraftSpan is not responsible for your compliance with such laws. The Service provides tools to help organize your business information, but it is your responsibility to ensure that your use of the Service and the documents you create comply with applicable legal requirements.

You consent to receive notices and communications from us electronically, including by email or in-app notifications. Electronic communications from us satisfy any legal requirement that such communications be in writing. You agree to keep your email address current so that you receive important notices about your account and the Service.

Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced in these Terms, constitute the entire agreement between you and DraftSpan regarding the Service and supersede any prior agreements, negotiations, or communications (whether written or oral) on the subject matter. Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision or any other provision in the future. Assignment: You may not assign or transfer these Terms (or any rights or obligations under them) without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, without your consent. Subject to the foregoing, these Terms bind and benefit each party's successors and assigns.

Questions about these Terms? Contact us at: support@draftspan.com For legal notices or dispute-related communications: Draft Span LLC Attn: Legal Email: support@draftspan.com Mailing Address: For written legal notices, Draft Span LLC will provide a mailing address upon request at support@draftspan.com. We aim to respond to all inquiries within a reasonable time.