Terms of Service

Version 1.1  ·  Effective March 17, 2026  ·  Steve Henning d/b/a Pawn Software  ·  Grayson County, Texas

1. Acceptance of Terms

By creating an account, clicking "I Agree," accessing, or using PawnSmarts in any capacity, you ("User," "Licensee," "you") unconditionally agree to be bound by these Terms of Service, the End User License Agreement (EULA), and the Privacy Policy.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CREATE AN ACCOUNT AND DO NOT USE THE SOFTWARE.

2. Nature of the Software — Tool Only

PawnSmarts is a software tool provided to assist pawn shop operators with business record-keeping and report generation. The Company is a software provider only. PawnSmarts does not file reports on your behalf, does not verify the accuracy of data you enter, and does not guarantee that any report satisfies any legal requirement in any jurisdiction.

You use PawnSmarts knowing it is a tool, and that all responsibility for compliance, accuracy, submission, and verification rests entirely with you.

3. Geographic Availability

PawnSmarts is not available for use in California, Massachusetts, or Texas. Users operating pawn businesses in those states may not use PawnSmarts to manage pawn transactions.

4. Account Registration

5. Your Sole Responsibility for Legal Compliance

You are solely, entirely, and exclusively responsible for compliance with all applicable federal, state, and local laws governing your pawn business, including but not limited to:

PawnSmarts generates reports to assist you. The Company makes no warranty that use of the Software satisfies any specific legal reporting obligation. You are responsible for verifying all submissions with your local law enforcement agency.

6. Service Availability — No Guarantee

PawnSmarts depends on third-party infrastructure including Supabase, Stripe, Twilio, your internet service provider, and the public internet. The Company has no control over these services and is not responsible for any outage, failure, or degradation. You are responsible for maintaining paper or backup records during any outage.

7. Force Majeure

The Company shall not be liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, power outages, internet infrastructure failures, third-party service failures (including Supabase, Stripe, Twilio), cyberattacks, EMP events, or solar weather events.

8. Data Ownership

All data you enter into PawnSmarts is your property. You may export a complete backup at any time from Settings → Download Full Backup. The Company does not sell your data or your customers' data.

9. Subscription Price Adjustments

The Company reserves the right to adjust monthly subscription rates. Before any adjustment takes effect, the Company will: (a) provide written notice no less than 90 days before the new rate applies; (b) display in-app notification on every login; and (c) provide a plain-English explanation of cost factors. Active subscribers receive a minimum of 180 days at their current rate. Price increases occur no more than once per 12-month period. At any time, subscribers may convert to a Lifetime License to be permanently exempt from future adjustments.

10. Termination

The Company may suspend or terminate your account for violation of these Terms, unlawful use, or (for subscription accounts) non-payment.

11. Disclaimer of Warranties

The software is provided "as is" and "as available" without any warranty of any kind, including no warranty of merchantability, fitness for a particular purpose, regulatory compliance, uninterrupted availability, or that any report output will satisfy any law enforcement requirement. You assume all risk.

12. Limitation of Liability

The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages. The Company is not liable for regulatory fines, civil penalties, license suspensions, or legal consequences arising from your failure to submit required reports, inaccurate data, failed submissions, or any outage. The Company's total liability shall not exceed the greater of (a) amounts you paid in the prior 12 months, or (b) $100.00.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, fines, penalties, or expenses arising from your use of the Software, your violation of these Terms, or your failure to comply with any applicable law or regulation.

14. Arbitration and Class Action Waiver

Any dispute arising out of these Terms shall be resolved by binding individual arbitration in Grayson County, Texas under AAA Commercial Arbitration Rules. You waive your right to participate in a class action lawsuit or class-wide arbitration. You may opt out within 30 days of first accepting these Terms by emailing [email protected].

15. Governing Law

These Terms are governed by the laws of the State of Texas. Any dispute not subject to arbitration shall be resolved in the courts of Grayson County, Texas.

16. Contact

Pawn Software  ·  [email protected]  ·  pawn-software.com  ·  Grayson County, Texas