Effective Date: March 19, 2026
By creating an account, accessing, or using PawnSmarts, you agree to be bound by this End User License Agreement ("EULA"). If you do not agree, do not use the software.
This EULA is a legal agreement between you ("User," "you") and PawnSmarts ("Licensor," "we," "us") for the PawnSmarts pawn shop management software ("Software"), delivered as a cloud-hosted service accessed through your web browser.
Subject to the terms of this EULA and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Software for your internal business operations. This license permits use by you and any staff members you authorize through the Software's staff management features.
This license does not grant you any rights to the source code, underlying algorithms, database structures, or intellectual property of the Software.
You shall not:
The Software: PawnSmarts retains all right, title, and interest in and to the Software, including all intellectual property rights. This EULA does not transfer ownership of any part of the Software to you.
Your Data: You retain all right, title, and interest in the data you enter into the Software. We do not claim any ownership of your data. See our Privacy Policy for details on how your data is handled.
The Software is provided on a subscription basis. Your right to use the Software is contingent on timely payment of subscription fees. If payment is not received, we may suspend or terminate your access to the Software after providing reasonable notice.
Lifetime licenses, where offered, grant perpetual access to the version of the Software available at the time of purchase. Access to future major versions or new features may require additional payment.
The Software is a management tool designed to assist pawn shop operators with record-keeping, loan tracking, inventory management, and reporting. The Software is provided "as is" and:
Without limiting the foregoing, the Software does not verify compliance with the Texas Finance Code, Chapter 371 (Pawnshops), Texas Administrative Code Title 16, Part 4, Chapter 85 (TDLR Pawn Shop Rules), local municipal ordinances regarding pawn transactions, or any hold, reporting, or record-keeping requirements imposed by law enforcement agencies. You are solely responsible for understanding and complying with all federal, state, and local laws and regulations applicable to your pawn business, including but not limited to those governing interest rates, holding periods, police reporting, and record retention.
We endeavor to maintain the Software at reasonable availability but do not guarantee uninterrupted or error-free operation. The Software depends on internet connectivity, cloud infrastructure, and third-party services that are outside our control.
Support is provided via email at [email protected]. Response times are on a reasonable-efforts basis and are not guaranteed.
While we maintain cloud backups of your data as part of our infrastructure, you are responsible for maintaining your own regular backups using the export tools provided in the Software. We are not liable for data loss resulting from your failure to maintain backups.
The Software may integrate with or enable access to third-party services, websites, applications, or platforms (including but not limited to payment processors, law enforcement reporting databases, and identity verification services). PawnSmarts does not control, endorse, or assume any responsibility or liability for any third-party services, including their availability, security, accuracy, functionality, or compliance with law. Your use of any third-party services is at your own risk and subject to the terms and conditions and privacy policies of such third parties. PawnSmarts disclaims all liability arising from or related to any third-party services.
You agree to indemnify, defend, and hold harmless PawnSmarts, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of or access to the Software; (b) your violation of any applicable federal, state, or local law or regulation, including but not limited to Texas pawnbroker laws and regulations; (c) any data, information, or content you enter, transmit, or store using the Software; (d) your breach of any term of this EULA; or (e) any dispute between you and any third party (including customers, law enforcement, or government agencies) arising from your use of the Software. PawnSmarts reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAWNSMARTS, ITS OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THIS EULA SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
This EULA is effective until terminated. We may terminate this EULA and your access to the Software immediately upon notice if you breach any term of this agreement. You may terminate by canceling your subscription and ceasing all use of the Software.
Upon termination, your license to use the Software ends immediately. You may export your data using the Software's export tools before or within ninety (90) days after termination. After such 90-day period, we reserve the right to permanently delete your data from our systems and servers.
We may update the Software from time to time with new features, bug fixes, or other modifications. Updates are deployed automatically as part of the cloud-hosted service. We are not obligated to provide any specific updates, features, or functionality, and we reserve the right to modify, deprecate, or discontinue any feature or functionality of the Software at any time upon reasonable notice.
PawnSmarts reserves the right, upon at least ten (10) business days' prior notice and no more than once annually (unless a breach is reasonably suspected), to audit your use of the Software to verify compliance with this EULA, including license restrictions and payment obligations. Any audit will be conducted during normal business hours in a manner that does not unreasonably disrupt your operations. If an audit reveals unauthorized use or underpayment, you shall promptly pay for such use plus the reasonable costs of the audit. This section survives termination of this EULA for one year.
You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. export controls or sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine). You agree to comply with all applicable export control and economic sanctions laws and regulations and not to use or access the Software in violation of any such laws. You further represent that you are not identified on any U.S. government restricted parties list (including the OFAC Specially Designated Nationals List).
PawnSmarts shall not be liable for any delay or failure in performance resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, cyberattacks, denial of service attacks, internet service provider failures or delays, telecommunications failures, or failures of third-party cloud infrastructure or hosting services. Performance shall be excused for the period of such delay and for a reasonable period thereafter.
This EULA is governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising under or related to this EULA shall be resolved exclusively in the state or federal courts located in Grayson County, Texas. You consent to the personal jurisdiction of such courts and waive any objection to venue or inconvenient forum.
This EULA, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and PawnSmarts regarding the Software and supersedes all prior agreements and understandings, whether written or oral. No modification of this EULA shall be binding unless in writing and signed by an authorized representative of PawnSmarts.