Welcome to Servgrow, a technology service (“Service”) operated by SERVGROW LLC, (“Servgrow,” “we,” “our,” or “us”), and offered via the servgrow.com website (“Our Website”), that enables service businesses (“Users", "user", "Pro", "pros" "you", or "your") to run their business operations.
You understand and agree that we reserve the right to modify this Agreement at any point, by updating the Agreement on the Service or Our Website or by directly informing you at our sole discretion. If you continue using the Service after any amendments are made to this Agreement, it will be considered as your acceptance of those changes. We do not bear any responsibility to inform Users about any updates to this Agreement. It is your responsibility to stay updated about the Agreement's terms.
Except for certain kinds of disputes described in Section 19, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND SERVGROW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 19).
Provided the User adheres to this Agreement, Servgrow grants the User a revocable, non-exclusive, and non-transferable privilege to access and use the Service, strictly for the User's regular business operations, and in alignment with this Agreement. The User acknowledges and agrees that they are being licensed to use the Service, not purchasing it, and thus do not acquire any ownership interest in the Service under this Agreement. Servgrow cannot be held responsible if, due to any reason, the whole or any part of the Service becomes unavailable at any time or for any duration. Servgrow may occasionally limit access to certain sections of the Service, or the entire Service, for Users. Servgrow does not make any commitments concerning the Service's uptime or availability.
In using the Service, You may provide us, directly or indirectly, with information about you or your business, including but not limited to the following types of information (which shall be referred to collectively as “Service Data”):
We require Users to complete a profile (“Company Profile”). We do not review or verify the information or representations set forth in Business Profiles.
Users are requested to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts.
Insurance and Bonding
Users may post information and documents concerning insurance policies and/or bonds covering their operations. We do not verify the accuracy of this information.
Service Pricing Data
Service pricing data entered or imported by Users shall remain the property of the user. We will not share the individual price data with a third party without the consent of the Pro, however, we reserve the right to anonymize and aggregate pricing data, and use such data for our business purposes.
In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account, including but not limited to any unauthorized transactions involving any hacking or unauthorized access to or use of your account or account information. Servgrow has no liability for any funds paid that were charged from your account or using your credit or debit card information, or paid or transferred to the account or card on file in your Servgrow account. You agree to notify us immediately of any unauthorized use of your account. User is responsible and liable for: (i) User’s conduct; and (ii) any use of the Service through User’s information technology systems or environment, whether authorized or not. We have the right to disable any user name, password, or other identifier, whether chosen by User or provided by Servgrow, at any time if, in our opinion, User has violated any provision of this Agreement.
We may have access to financial and transactional data that you provide us via an import from your QuickBooks account, including data in such an account that is captured before or after your integration with Servgrow. You authorize us to share your data and information in your QuickBooks account with our third-party providers for the purposes of providing the Services and Third Party Services to you.
We may have access to certain geolocation data of you and/or your vehicles, obtained from mobile devices including mobile phones, and third party vehicle tracking devices, offered as a service by us. You acknowledge that you have all necessary consents and rights to convey any and all rights granted hereunder to us.
Payment Processing Information
You may provide certain payment processing information including but not limited to dates, amounts and forms of payments you receive.
Users warrant that all information they provide or submit, including but not limited to Service Data, is complete, accurate and current.
Third-Party Vendor Login
In the event you elect to share your login and password information for a vendor of yours with Servgrow to allow Servgrow to take actions on your behalf upon your instructions, you represent and warrant that you are authorized to share such information with us, and that you are hereby authorizing us to take any actions that you direct us to take.
By submitting Service Data or any other content via our Service, you hereby provide us with a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense). This license allows us to use, copy, transmit, alter, display, and disseminate such content (i) as needed to deliver the Service; (ii) for internal business objectives; (iii) to assess your eligibility to use our Service and Third Party Services, solely at our discretion, as well as to devise and offer you pertinent new offerings from Servgrow and our partners; (iv) to enhance, modify and tailor our Service, and (v) for any other lawful reason. You declare and guarantee that you possess all the necessary rights, power, and authority to confer the rights given here to the Service Data and any content or materials that you submit to your Servgrow account or the Service.
1. Furnish pertinent data to our Service and third-party providers and applications (“Apps”) that employ functionalities from your account to complete their services and assess your eligibility for additional services;
2. Dispatch communications on your behalf to accomplish the intended objectives of the relevant Service, e.g., dispatching job scheduling emails, sending en-route text alerts, proposing your marketing promotions;
3. Make your services accessible on our and partnered third-party Booking Services;
4. Generate invoices to you and collect payment thereof;
5. Confirm your identity, and avert fraud or other unauthorized or illegal activity;
6. Examine and create anonymized aggregate industry trends and analytics to enhance the Service and develop new features and offerings;
7. Provide customer support to you;
8. Use the names, trademarks, service marks, and logos affiliated with your company to promote the Service;
9. Present you with job applicants potentially searching for jobs in your industry;
10. Send you offers and marketing materials from Servgrow and any of our partners or affiliates that we believe may interest you, and
11. Any other use that we, or a third-party App or partner, describe at the point where we gather data or information with your consent.
Aggregated & Statistical Service Data Rights. Regardless of any other provision of this Agreement, Servgrow shall hold all rights, title, and interest in any anonymized, aggregated, and statistical data created, generated, and/or derived from the Service Data and use of the Service. If Servgrow does not automatically possess any anonymized aggregated and statistical data upon its creation, you hereby assign all rights, title, and interest, including intellectual property rights, in and to such aggregated and statistical data to Servgrow.
We also retain the right to use any version of your website from our Website Builder service (or any part thereof) for any of our marketing or promotional activities, online or offline, and to modify it as reasonably necessary for such purposes. You hereby relinquish any claims against us or anyone acting on our behalf regarding any past, present, or future moral rights, artists' rights, or any other rights you may have in or to such content concerning such uses.
You hereby grant to Servgrow a non-exclusive, irrevocable, perpetual, unlimited, worldwide license to use and allow others to use, free of charge, your name, photograph, video, and voice (from any recordings you provide or upload, or recordings made by us that include you), statements, likeness, and personal characteristics (“Materials”) in connection with the Company’s business objectives, including but not limited to, advertising and commercial exploitation, in any format now known or later developed at the Company’s sole discretion. Such uses of the Materials may include, but are not limited to: use on the Company’s website, use on social media, use of Materials within advertising, promotional, and educational communications, use for training, and any other public use in furtherance of the Company’s business objectives.
If you are a franchisee, and you subscribe to Servgrow through an offer or or in conjunction with your franchisor, you authorize Servgrow to provide access to your Servgrow account, and all information therein, to your franchisor. You also authorize us to act on, and follow instructions from your franchisor with regard to your account.
You grant Servgrow, along with its agents, affiliates, and independent contractors, permission to reach out to you at the email address(es) and phone number(s) you've provided to Servgrow for advertising, telemarketing, solicitation, or other purposes. This contact may involve an automated telephone dialing system, a pre-recorded message, or text messages, even if you've previously asked to be put on our Do-Not-Call list, your phone number is listed on a state or federal Do-Not-Call list, or you've opted out of receiving marketing emails from us in the past. You can revoke your consent to receive text messages at any point by responding with a text saying “STOP”. Upon receiving your "STOP" message, we'll send you a confirmation text to verify that you've unsubscribed. Following this, you won't receive any more text messages from us, unless you provide consent again in the future.
Consent to receive such communications is not a prerequisite to using our services, and if you opt not to give consent, you can opt out by calling (Toll-Free) 1-833-SERVGROW.
Servgrow provides various service levels that are billed on a subscription basis for the term as specified at the time of your subscription. By signing up for a subscription-billing based account, you consent to pay and authorize us to charge your credit card (or another payment method provided by you) for all due fees, including all taxes and other applicable charges, in advance, regularly, in line with the term of the Services to which you subscribed. The subscription period could be monthly, annual, or another duration specified in more detail at https://www.servgrow.com/pricing/. You understand and agree that we may decide to alter your billing frequency at any point, without notice. This could mean, for example, billing a monthly subscription on a weekly basis. ALL SUBSCRIPTIONS AUTOMATICALLY RENEW FOR A PERIOD EQUAL TO THE SUBSCRIPTION PERIOD, UNLESS TERMINATED BEFORE THIS AUTO-RENEWAL.
For renewals, Servgrow will automatically charge your payment method the amount of the then-current fee for your account type, plus applicable taxes. You hereby authorize us to re-bill for any failed billing or past-due amounts, including charging any alternate payment methods you have provided. Subscription fees will not be prorated or refunded, except as explicitly stated in this Agreement. We will bill you a full period’s subscription fee and you are accountable for payment of such fee. We reserve the right to revise pricing for any or all of our services at any time, and such revised pricing will become effective upon our provision of notice or as otherwise stated in such notice. Any fees not paid when due may incur a late payment fee equal to the lesser of 1.5% per month or the maximum amount permitted by law.
You are solely responsible for all customer service issues between you and your customers regarding your services. This includes matters related to pricing, fulfillment, cancellation by you or the customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies, or processes. In conducting customer service, you will always represent yourself as a separate entity from us.
Taxes – Sales & Use
To protect our customers and comply with all local laws, we will collect and remit sales tax where required. Not all states enforce sales tax on products and services like Servgrow, so you may not be affected.
We offer you the possibility, at our discretion, to use our payment processing service, known as "Servgrow Payments". This allows you to handle your customers' payments through credit or debit card or ACH, provided we approve your eligibility for such services. Please note that certain fees apply, which we will disclose to you during registration. By choosing to use Servgrow Payments, you accept that we may employ third-party payment processors or other service providers ("Third Party Payment Processors"). Their respective terms and privacy policies are applicable to you. At present, we are working with Stripe as our payment processor. When you sign up for or utilize Servgrow Payments, you commit to adhering to the Stripe Services Agreement and Stripe Connected Account Agreement, among any other terms outlined. We want to make clear that Servgrow is not responsible for any actions or neglect by any third party, including any Third Party Payment Processor. Please see below for further terms and conditions regarding your access to and use of Servgrow Payments.
Card Not Present
You acknowledge that all payment or financial card (“Card”) transactions (except those conducted using card readers provided by us) are processed as “card not present” transactions, even where the consumer is at the physical point of sale and a consumer has different Chargeback rights for “card not present” transactions than for transactions where the buyer physically presents the card to the seller.
We will review some or all of the information that you submit in connection with your request to sign up for Servgrow Payments. We may forward such information to Third Party Payment Processors. After you submit your application, we or our payment processor may conclude that you will not be permitted to use the Service.
Payment Processing Transaction and Account Reviews
From time to time, and in our sole discretion, we review account and transaction activity, including when bank transfers are initiated, to evaluate your eligibility, or continued eligibility, to access our processing and other financial related product offerings. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this Agreement. In connection with our review process, you may be required to provide us with additional information and/or documentation to verify your identity, business information, or financial standing. We also may obtain information from third parties, including but not limited to consumers and banks, and we may contact your customers to obtain relevant information. We may limit your account and your access to money in it or that is sent to you until verification is completed.
Reviews may result in:
Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a stolen card, compromised bank account, or compromised Servgrow account, or if you were a participant in a transaction for goods and services between two personal accounts.
We may impose various transaction limits and rules on Users. If you believe that the transaction limits are interfering with your business, please contact our support to request higher limits. We may require more information about your business to evaluate your request and will decide at our sole discretion whether to honor such requests. We will consider a variety of factors in making our decision, including but not limited to a proprietary set of rules, Chargeback rates, transaction behavior, and other supplemental data about your business.
Restrictions on Certain Transactions
It is not permitted to utilize card transactions for purposes that are not associated with the operations detailed in your Business Profile. To specify, you cannot use card transactions for shipping goods, selling products that are unrelated to the on-site work outlined in your Business Profile, facilitating or receiving loan payments, securing cash advances, or transacting involving motor vehicles.
Payment Processing Fees
You agree to pay payment processing or other transaction-related fees (“Fees”) in addition to our subscription fee. We reserve the right to change our Fees at any time in our sole discretion.
Access to Your Funds
We will transfer to your designated bank account (identified as the bank account specified in your Servgrow account) the net amounts we receive from transactions executed through the Service. This amount is calculated after deducting any relevant fees and any outstanding payments you owe Servgrow. We retain the right to modify our payment schedule.
Once we've verified your US bank account details, we'll automatically process a payout to your chosen bank account at the end of each business day, barring certain circumstances. Normally, payouts should appear in your bank account within 3-4 business days, depending on your bank's procedures. We may also give you the option to distribute funds to multiple accounts.
The funds from any specific transaction will not be deposited until the transaction is classified as complete. A transaction is considered complete when either we or the assigned financial institutions have approved the transaction or funds. If we find any processing errors, we'll strive to correct them and may retain funds during our investigation of these errors.
You're responsible for monitoring your transactions and ensuring our payments to you are accurate. If you find any discrepancies in the payments we've made to you, you must notify us within sixty (60) days of the error first appearing in your electronic transaction history. Failing to do so will be seen as a waiver of any rights to the amounts owed to you. However, even if you notify us within the sixty (60) day period, it does not guarantee that the error can be rectified.
Restrictions on Availability of Funds
Should we need to conduct an investigation or resolve any suspicious activity or pending dispute related your account, we may delay payout or restrict access to your funds for the entire time it takes for us to do so. We also may delay payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entities.
The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Card Associations (defined below), our processor, or a payer’s or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
There is a non-refundable $25 fee for each Chargeback regardless of the outcome of the dispute.
Contesting Chargebacks; Our Collection Rights for Chargebacks. For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve (defined below). In the event a consumer charges back a payment that we have processed and caused funds to be delivered to your account, our payment processor Stripe may withhold or take back such amounts while the charge is in dispute. In such event, if your account does not have sufficient funds, we may be required to advance such funds to Stripe on your behalf. If this occurs, you agree that we are entitled to be reimbursed by you immediately, and that your sole remedy lies with your customer and your customer’s bank. We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the card-issuing bank or organization (“Card Association”) or our processor from your bank account (including without limitation any Reserve), from any proceeds due to you, your bank account, or from any other payment instruments registered with us. If you have pending Chargebacks, we may delay payouts to your bank account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all the Users account deficit balances unpaid by you.
Any bank account or Card information may be held by Servgrow in order to satisfy any account balances, disputes, refunds, Chargebacks or other liabilities or obligations after leaving or terminating the Service.
If we determine, in our sole discretion, that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your account, including without limitation, by (a) establishing new processing Fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts and (d) terminating or suspending your access to the Service.
If we have reasonable suspicion of misuse, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks or refunds, or other indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled products or services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by us, in our sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in our favor, or otherwise as we or our processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your account, including but not limited to any funds (a) due to you under this Agreement or (b) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your bank account.
Taxes – Withholding
You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Service (“Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. If in a given calendar year you receive more than $600 in gross amount of payments, we will report annually to the Internal Revenue Service (“IRS”), as required by law, your name, business name, address, Tax Identification Number the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. It is your responsibility to ensure that your business name and Tax Identification Number as provided to Servgrow are accurate and up to date.
Refunds and Returns
You agree to process returns, and provide refunds and adjustments, for your goods or services through your Pro account in accordance with these terms and any applicable Card Association Rules. Card Association Rules may require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to customers at the time of purchase, (c) not give cash refunds to a customer in connection with a Card sale, unless required by law and (d) not accept cash or any other item of value for preparing a Card sale refund. You are responsible for knowing and adhering to the Card Association Rules applicable to you, and Servgrow will not be liable for any violation by you of the Card Association Rules. The amount of the refund/ adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the buyer, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your customer’s Card. Transaction Fees are also refunded, so the full purchase amount is always returned to your customer. We have no obligation to accept any returns of any of your goods or services on your behalf.
We provide you an online transaction history of all of your authorized transactions. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your account and your use of the Service and (b) reconciling all transactional information that is associated with your account.
Negative Account Balances & Repayment Plans.
For any Servgrow account which has a negative balance (e.g., you provide more refunds than you receive payments and/or have a number of disputed transactions), that negative balance constitutes a debt owed to Servgrow. Accordingly, the following terms apply:
i) any payments received to that account (e.g., from future customer transactions) will be applied to automatically reduce the balance;
ii) the functionality which enables the processing of refunds through the affected account may be disabled at any time by Servgrow without prior notice; and
iii) you may be required by Servgrow, in Servgrow's sole discretion, to address any negative balance through a repayment plan agreement. You acknowledge and agree that it is a condition of your being granted rights to use Servgrow Payments Service that you will enter into a repayment plan agreement with Servgrow if such a plan is deemed necessary by Servgrow. Failure to engage in such a plan or to adhere to the repayment schedule outlined in the repayment plan agreement may result in Servgrow terminating your account, placing a lien on your assets, or taking other appropriate actions as allowed by law.
In the event you instruct or authorize Servgrow to communicate with third parties on your behalf (including your customers and prospects), whether via telephone calls, SMS messaging, emails or otherwise, you hereby affirm and guarantee that both you and Servgrow have the authority to conduct such communications, that you will be considered the sender or originator of such communications, and that these communications will abide by all applicable laws, rules, and regulations, including but not limited to the Telephone Consumer Protection Act, the Telemarketing Sales Rule, CANSPAM, Federal, State and internal Do-Not-Call lists, and any relevant privacy laws and regulations.
Servgrow provides all of its products, services, and content on an “as-is” basis. This encompasses any products, services, or content including but not limited to those associated with booking, scheduling, invoicing, job pricing, payroll processing, coaching, service plans and agreements, training, virtual assistant, websites, ratings, inventory, parts ordering, sales proposals, blog posts, and social media posts. We reserve the right to alter terms, including pricing, for any products or services, and discontinue any products or services, including third-party services, at our discretion.
Service plans ("Service Plans") enable you to offer your customers recurring services on your behalf, which includes automatic recurring billing and charging of your customers' payment method. You assure us that you have acquired all necessary permissions from your customers for whom you confirm the acceptance of a Service Plan, and that you will abide by all relevant laws and regulations concerning such Service Plans, including but not limited to providing applicable auto-renewal notifications. You agree to indemnify, protect and hold us harmless from any claims from consumers stating that charges under a Service Plan were not authorized.
Forms, Checklists and Templates
We may offer or provide access to specific forms or templates as a part of the Services ("Forms"). These Forms are given for informational purposes only and do not represent legal, tax, accounting, or business advice. While these Forms may help you comply with applicable laws and regulations, it's solely your responsibility to ensure your business adheres to all relevant laws and regulations. Servgrow does not make any representations about these Forms. You should consult with appropriate professionals before using any such Forms.
Customer websites are available on select plans and should be live within 15 days after your second payment. All rights to the customer website are fully owned by Servgrow until 12 months of payments by you. After your 12th monthly subscription payment, rights will be transferred over to you.
No warranty or Endorsement of Pros Services
WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR PRO. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. WE DO NOT WARRANT PROS’ PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. WE DO NOT CONTRACT FOR OR PERFORM, AND ARE NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PROS OR THE PROS' ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY PRO.
Relationship Between Pros and Consumers
PROS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH CONSUMERS. CONSUMERS’ RIGHTS UNDER CONTRACTS A CONSUMER ENTERS INTO WITH PROS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD A CONSUMER HAVE A DISPUTE WITH ANY PRO, THE CONSUMER MUST ADDRESS SUCH DISPUTE WITH THE PROS DIRECTLY. WE ARE NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND PROS. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND A CUSTOMER OF YOURS DOES NOT INVOLVE SERVGROW. YOU EXPRESSLY AGREE THAT SERVGROW IS ENTITLED TO BE REIMBURSED FROM ANY MONEY OWED TO YOU, OR IN YOUR ACCOUNT, IN THE EVENT SERVGROW IS REQUIRED TO ADVANCE FUNDS ON YOUR BEHALF DUE TO A CONSUMER CHARGING BACK A CREDIT CARD PAYMENT PROCESSED BY SERVGROW AND PAID TO YOU. YOU AGREE TO FULLY COOPERATE IN THE EVENT WE RECEIVE A COMPLAINT FROM A CONSUMER ABOUT YOU OR YOUR SERVICES.
In exchange for the service provided by us and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the user expressly agrees to release Servgrow, its officers, directors, affiliates, parent companies, partners, employees, and agents from any claims, demands, causes of action, losses, and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have, except that this release does not apply to claims by you directly arising out of Servgrow’s material breach of this agreement, or to the extent the foregoing release is prohibited by law. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
We make no representation about the suitability of the content on or services of this service for any purpose. We do not promise that the service will be error-free, uninterrupted, or that it will provide specific results from the use of the service or any content, search, or link on it. We make no representation that your website will satisfy any requirements of the Americans with Disabilities Act or of any other law, regulation, or ordinance governing accessibility of websites or places of public accommodation or of any products or services. The service and its content are delivered on an “as-is” and “as-available” basis. We shall not have any liability or responsibility for any errors or omissions in the content of this service, downtime of the service, for your action or inaction in connection with this service or for any damage to your computer or data or any other damage you may incur in connection with this service. We specifically disclaim all warranties and conditions of any kind, express or implied, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. We make no guarantees of any specific result from the use of this service. Your use of this service is at your own risk.
We may from time to time recommend, provide you with access to, or enable third-party software applications, products, services, content, or website links including third-party services (“Additional Services”) for your consideration or use. Such Additional Services are for your convenience only and we make no representation or warranty of any kind whatsoever regarding such Additional Services.
We may provide you with access to certain content, materials, information, coaching, and partner and third-party services, regarding or relating to your business, taxes, accounting, or legal information, but you acknowledge and agree that neither we, nor any of our partners or third-party service providers are providing any tax, legal, accounting, business, or other advice to you, and you agree and acknowledge that you are not entitled to rely upon any such information you receive from us or our partners or third-party service providers, whether via our website, the service, or any communications with us, or any social media or other internet posts. You agree that you will consult applicable outside professionals with regard to any tax, accounting, legal, or business advice.
In no event shall we, our officers, directors, affiliates, partners, parent companies, employees, and/or agents be liable for any damages whatsoever, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, including without limitation, direct, indirect, punitive, incidental, general, special, or consequential damages, arising out of or relating to (1) this agreement, or the use of, content in, delay or inability to use, or otherwise arising in connection with this service, (2) the conduct of a user, pros or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. We are not liable for any lost data resulting from the operation of the service or the enforcement of the terms. We expressly disclaim any and all liability for the acts, omissions, and conduct of any third-party users, consumer users, advertisers and/or sponsors on the service, in connection with the service or otherwise related to your use of the service. By using the service, you agree to take reasonable precautions in all interactions with other users of the service. In no event will Servgrow’s aggregate liability arising out of or related to this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), or strict liability, even if foreseeable, exceed the sum of all fees paid by you to Servgrow in the previous six (6) months. To the extent your state does not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply to you.
Blocking of IP Addresses and UDIDs
In order to protect the integrity of the service, we reserve the right, at any time, in our sole discretion, to block users from certain IP addresses and UDIDs from accessing the service.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk, and that we have no liability to you or any third parties due to any unauthorized access to your Servgrow account.
This Agreement will remain in full force and effect while you use the Service. Unless otherwise explicitly agreed to, you may terminate your account at any time, for any reason. To cancel an account, please send an email to firstname.lastname@example.org. If you terminate your account, your account will be disabled within 14 days, however, you shall not receive any refund of any fees, including but not limited to subscription fees unless explicitly stated otherwise herein. We may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to us. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your account. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. The provisions of these Terms of Service shall survive and continue to apply after our relationship expires or has been terminated for any reason, except where otherwise required by the context. If you are due a refund for canceling your paid account, a refund will generally be issued to you within 14 days of the request to cancel. Upon termination of your account, we may retain your information, including Service Data, but we have no obligation to do so.
This Agreement is governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding, or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. You further agree that any dispute that is not required or eligible to be submitted to arbitration, as described below, shall be resolved in the state and federal courts located in Denver, Colorado, and you agree to sole and exclusive jurisdiction in Colorado.
The Service is controlled and operated by Servgrow from its offices within the United States and is intended only for use by users in the United States and Canada. The Service is not intended to subject Servgrow to any non-U.S. jurisdiction or law. Servgrow makes no representation that the information or materials on or linked through the Service is appropriate or available for use in other locations. If a User chooses to access the Service from other locations, it does so on its own initiative and at its own risk and is responsible for compliance with all applicable laws, rules, and regulations in its respective location in doing so.
You and we agree that, unless prohibited by any applicable laws, any legal disputes or claims between the parties that cannot be resolved informally will be submitted to binding arbitration in Colorado. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action, or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose.
Subject to applicable law, any disputes between us will only be resolved on an individual basis, and you shall not have a right to bring an action against us as a member or representative of a class or in any consolidated or collective action or in any other legal proceeding conducted by a group or by a representative on behalf of others and any such rights are expressly waived.
otwithstanding the above, nothing in this Agreement will be deemed to waive, preclude, or otherwise:
(a) limit the right to bring an individual (non-class, non-representative) action in small claims court so long as such action remains in small claims court;
(b) limit the right to pursue a private attorney general action where arbitration cannot be required under applicable law;
(c) limit the right to seek injunctive relief in a court of law;
(d) limit the right to file suit in a court of law to address an intellectual property infringement claim, or
(e) limit Servgrow’s right to file suit to collect unpaid amounts from you.
You agree to indemnify, defend, and hold harmless Servgrow, its parents, subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of (a) any of your acts or omissions, (b) any violation or breach by you of this Agreement, (c) claims from your employees or customers, or (d) any claim that your Domain Name or any of the Materials, or your use of the Service or any Third-Party Services, violates any law or regulation or any right of any third party, including any right of privacy, or infringes upon any intellectual property rights of any third party.
Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Servgrow and the Pros, any benefit, right, or remedy.
Servgrow and Pros are separate and independent entities, and the employee of one of those entities is not an employee of the other entity. We are not an agent of the Pros and vice versa. In no event will Servgrow be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Pros or any of its affiliates or their respective personnel.
Servgrow text messaging services ("Text Services") include 2way SMS, Text Broadcasts, Auto Texting and any other Servgrow feature utilizing text messaging. You assure and agree that you will not use any Text Services for any illegal purposes. All communications sent using the Text Services must adhere to all state and federal laws, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. Text Services should be used in full compliance with the TCPA. The TCPA sets limits on telemarketing calls, the usage of automatic telephone dialing systems, and artificial or pre-recorded voice messages. To use the Tools, the TCPA mandates you to acquire prior express written consent from consumers, even if an established business relationship exists. You must cease sending texts to consumers who choose to opt-out or request removal, as per TCPA regulations. The TCPA also prohibits you from sending automated messages or voice mails to people listed on the national Do-Not-Call registry.
Text Services should only be used to send communications to your existing customers, not for soliciting new customers. You warrant that you have the recipient's permission to send any communications that you send using Text Services.
These Terms of Service constitute the entire agreement between you and Servgrow and supersede all oral and written negotiations, communications, or representations of the parties, whether verbal or in writing, with respect to the subject matter hereof, except as may provided in a written agreement signed by you and an authorized officer of Servgrow. These Terms of Service may not be modified or amended other than by an agreement signed by both parties. No employee, agent, or other representative of Servgrow has any authority to bind Servgrow with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in these Terms of Service.
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions. The failure by Servgrow to enforce any right or provision of this Agreement will not prevent Servgrow from enforcing such right or provision in the future.
No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war; terrorism, hurricanes, earthquakes, and other acts of God or of nature; fire or flood; strike or labor unrest; degradation of telecommunications service; degradation of computer services not under the direct control of such party; or other causes beyond the performing party’s reasonable control. Servgrow may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, any other business combination or restructuring, or by operation of law. Users may not assign rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without Servgrow’s prior written consent. Servgrow may send notices pursuant to this Agreement to User’s email and phone number contact points provided by User, and such notices will be deemed received at the time they are sent. It is the User’s obligation to keep User’s contact information up to date. Users may send notice pursuant to this Agreement to the email address below.
Any and all dollar amounts in this Agreement refer to U.S. dollars.
If you have questions or comments about the Service or this Agreement, please contact us at email@example.com.