Terms of Service
Last updated: June 2026
Welcome to StartSmith. These Terms of Service ("Terms") govern your use of the StartSmith platform ("Service"). By creating an account, you agree to these Terms. If you don't agree, don't use the Service.
1. What StartSmith does
StartSmith is a platform that helps home-service business owners (lawn care, house cleaning, pressure washing, mobile detailing, pool service) launch and operate their business. We provide website generation, online booking, invoicing, customer communication, and related tools.
2. Your account
- You must be at least 18 and legally able to enter a contract.
- You're responsible for everything done under your account.
- Keep your password secure. Tell us immediately if you suspect unauthorized access.
- One business per account for our current version.
3. Pricing and fees
- Free until you earn your first dollar through StartSmith.
- After your first paid invoice, we take a 5% platform fee on all subsequent payments collected through the Service (our "revenue share"). This is in addition to Stripe's standard processing fees (2.9% + 30¢, which they charge you directly).
- Payments outside StartSmith (cash, check, external transfer) are not subject to our revenue share.
- Fees may change with 30 days' notice. If you don't like the new fees, close your account.
4. Your customers' data
Customer names, phone numbers, emails, job details you enter — you own that data. We process it on your behalf. You warrant you have the right to share it with us and that you comply with all applicable laws (TCPA, CAN-SPAM, GDPR, CCPA).
For SMS: you must obtain explicit consent from each customer before marketing SMS is sent. Our booking widget includes a consent checkbox — you may not disable or bypass it.
Text messaging program. StartSmith and the businesses on it send SMS through Twilio — account and service notifications to owners, and booking confirmations, reminders, invoice and payment notices, and review requests to customers. Consent to receive SMS is not a condition of any purchase. Message frequency varies, and message and data rates may apply. Reply STOP to opt out or HELP for help. We do not sell or share mobile opt-in or consent data with third parties for their marketing — see our Privacy Policy for details.
5. Stripe Connect
Payment processing is provided by Stripe via a Stripe Connect Express account you open through our onboarding flow. By using Stripe through StartSmith, you agree to the Stripe Connected Account Agreement, which includes their Terms of Service and U.S. Services Agreement. We take no responsibility for disputes, chargebacks, or refunds between you and your customers — those are handled through Stripe.
6. Licenses, insurance, and compliance (your responsibility)
StartSmith provides a compliance checklist and links to state authorities. We do NOT verify that you actually hold the required licenses. You are solely responsible for operating your business legally, carrying required insurance, pulling permits, and honoring contracts with your customers.
The AI mentor provides general guidance only. It is not a lawyer, accountant, or licensed trade professional. Do not rely on it for legal, tax, or safety decisions.
7. Acceptable use
You agree NOT to:
- Operate an unlicensed business where licensing is required.
- Use the platform to scam, deceive, or defraud customers.
- Send SMS or email to anyone who hasn't opted in.
- Reverse-engineer, resell, or white-label the Service.
- Upload content that is unlawful, infringing, or obscene.
We can suspend or terminate accounts that violate these rules.
8. Intellectual property
The generated website, email templates, and anything else we create specifically for your business belongs to you. The underlying StartSmith platform, code, and branding belongs to us.
9. Service availability
We aim for high uptime but can't guarantee 100%. Third-party services (Stripe, Twilio, Supabase, AWS, OpenAI) have their own uptime independent of us. We're not liable for losses caused by their outages.
10. Termination
You can cancel anytime from Settings. We can suspend or terminate your account for breach of these Terms or non-payment. Upon termination, we'll retain your data for 30 days to allow recovery; after that it's permanently deleted.
11. Limitation of liability
To the maximum extent permitted by law, StartSmith's total liability for any claim under these Terms is limited to the greater of (a) $100 or (b) the fees you paid us in the 12 months before the claim arose. We're not liable for indirect, consequential, incidental, or lost-profit damages.
12. Governing law and disputes
These Terms are governed by the laws of Texas, USA. Any dispute will be resolved by binding arbitration in Austin, Texas, except small-claims matters. You waive any right to participate in a class action.
13. Changes to these Terms
We'll email you at least 30 days before material changes take effect. Continued use after that date means you accept the new Terms.
14. Contact
Questions? Email support@startsmith.co.
StartSmith is a product of Apotheon AI LLC, a Texas entity. 11711 Domain Dr, Austin, Texas.