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Terms and Conditions

Global Website Terms

These Terms and Conditions (the “Terms”) govern your access to and use of the ElevatorApp website and all of the services offered through it. ElevatorApp is operated by Jaka LLC (“ElevatorApp,” “we,” “us,” or “our”). By accessing or using the website or any service, you (“you” or the “customer”) agree to these Terms. If you do not agree, please do not use the website or the services.

1. Who We Are

ElevatorApp is an independent resource for building owners, property managers, and those responsible for elevator equipment. Our purpose is to help you understand your options and act as an advocate for your building. ElevatorApp does not perform, sell, or carry out elevator maintenance, repairs, inspections, testing, modernization, engineering, or code-compliance work, and is not an elevator service provider, maintenance service company, contractor, engineer, inspector, or law firm. We are paid only for our own assistance services, as described for each service. Through Maintenance on Demand, we also facilitate payment between you and an independent elevator maintenance service provider, as described in the Maintenance on Demand service terms; we do not perform the work and we do not hold funds.

2. Why You Use the Services

You use ElevatorApp because you want assistance and information. The services are informational and advisory in nature and are provided to help you make your own decisions about your elevators. You use the website and the services voluntarily, of your own free will, and at your own discretion.

3. We Have Not Been On-Site; We Rely Only on Your Information

This is central to how ElevatorApp works, and it applies across the services. Except where a specific service’s terms expressly state otherwise, you understand and agree that:

  • ElevatorApp has NOT visited your property and has NOT been onsite to view or inspected, tested, operated, or evaluated your elevator equipment, and will not do so;
  • Our services are based ONLY on the information, documents, materials, and descriptions that you provide;
  • We do not have all of the detail or information about your equipment, property, or situation; and
  • Any observation, opinion, or guidance we provide is limited to, and only as complete and accurate as, the information you give us, and may be incomplete or inaccurate if that information is incomplete, inaccurate, or does not reflect the true conditions.

4. Informational and Advisory Only; Not Professional Advice

Nothing on the website or provided through any service is legal advice, engineering or technical advice, or code-compliance advice, and nothing is an inspection or a determination of safety, condition, or compliance. Using the website or any service does not create an attorney-client, engineer-client, or other professional relationship. Only a licensed attorney, a qualified or licensed elevator professional, and the authority having jurisdiction (AHJ) can provide those determinations for your situation.

5. No Guarantees

To the maximum extent permitted by law, ElevatorApp makes no guarantees regarding the website or any service. Without limitation, we do not guarantee the accuracy, completeness, or correctness of any information, opinion, or guidance; any outcome, result, savings, or level of service; the performance, availability, licensing, insurance, or qualifications of any elevator maintenance service provider; or that anything we provide will satisfy any code, standard, inspector, or authority, or meet your needs.

6. Your Decisions and Responsibility

All decisions you make in connection with your elevators are yours alone, and you are solely responsible for those decisions and their consequences. You are responsible for verifying any information with your own licensed or qualified professionals, your own attorney, and the AHJ, and for ensuring that any action you take is appropriate and lawful for your property and jurisdiction.

7. Service-Specific Terms Also Apply

Each service has its own Acknowledgment and Terms of Service that you accept when you request that service. Those service-specific terms apply in addition to these Terms. If there is a conflict between these Terms and a service’s specific terms with respect to that service, the service-specific terms control for that service. The services and their agreements include:

  • Maintenance Software: End-User License Agreement (EULA);
  • I Need Service: Dispatch Coordination Authorization and Terms of Service;
  • Proposal & Invoice Review: Acknowledgment and Terms of Service;
  • Maintenance Contract Review: Acknowledgment and Terms of Service;
  • Modernization Proposal Review: Acknowledgment and Terms of Service;
  • Equipment Audit: Acknowledgment and Terms of Service;
  • Maintenance Agreement (Scope of Services): Acknowledgment and Terms of Service;
  • Ask an Elevator Expert: Acknowledgment and Terms of Service;
  • Inspection Help: Acknowledgment and Terms of Service;
  • Maintenance on Demand (buildings and property managers): Building Acknowledgment and Terms of Service; and
  • Maintenance on Demand (elevator service providers): Elevator Service Provider Agreement and Terms of Service.

8. Independent Service Providers

Any elevator maintenance service providers you learn of, are introduced to, or engage in connection with the services are independent companies. They are not employees, agents, partners, or representatives of ElevatorApp or Jaka LLC. We do not vet, endorse, certify, or guarantee any elevator maintenance service providers, and we do not independently verify a elevator maintenance service provider’s licensing, insurance, qualifications, pricing, availability, or workmanship. Any contract for elevator maintenance service providers is solely between you and the provider, and any dispute regarding a provider or its work is solely between you and that provider.

For Maintenance on Demand, we collect certain documentation from participating providers, which may include a license and a certificate of insurance, and make it available to you so that you can decide for yourself whether a provider is acceptable. That collection is a records check only. It is not verification with any issuing authority or insurer, is not an endorsement or certification, and is not a warranty that any credential is current, in force, or adequate. We do not set minimum insurance requirements for providers. The Maintenance on Demand service terms describe what is and is not reviewed.

9. Emergencies and Life-Safety

The website and the services are not intended for emergencies or life-safety situations, including but not limited to persons trapped in an elevator; fire, smoke, or suspected fire conditions; medical emergencies or injuries; or any situation involving immediate risk to life, health, or safety. In any such situation, call 911 or your local emergency number immediately, follow your building’s posted emergency procedures, and use any emergency communication devices provided. ElevatorApp does not monitor emergency conditions, does not provide emergency response, and has no duty to respond to or coordinate emergency or life-safety services.

10. Eligibility and Authority

You represent and warrant that you are at least 18 years of age and legally competent to enter into these Terms, that you have the authority to request services for and share information about the property involved, and that if you are acting on behalf of an owner, association, or management company, you have the authority to bind that entity to these Terms. ElevatorApp is entitled to rely on these representations without any duty to independently verify them.

11. Communications

You authorize ElevatorApp to contact you by phone, email, and, if you provide a mobile number, by text message (SMS) regarding your requests and the services. Standard message and data rates may apply. You may opt out of non-essential communications as permitted by law.

12. Fees and Payment

Fees for each service are disclosed to you at the time you request that service, and the fee and refund terms for a service are set out in that service’s specific terms. ElevatorApp does not process payment card information directly; payments are handled by a third-party payment processor, and your use of that processor is subject to its own terms and privacy practices. Any dispute regarding payment processing is between you and the payment processor.

For Maintenance on Demand, you provide a payment method that is stored by the payment processor. An authorization hold, which is a temporary reservation of credit on your own payment method and not a charge, is placed before a technician is dispatched, and converts into a charge after the service call is completed, as described in the Maintenance on Demand service terms. ElevatorApp does not hold funds and is not a bank, escrow agent, or fiduciary.

13. Intellectual Property

The website and its content, including text, graphics, software, templates, scope documents, and the design and logic of the ElevatorApp platform, are owned by Jaka LLC and/or its licensors and are protected by applicable intellectual property laws. Except for any limited license expressly granted in a service’s specific terms, you are granted a limited, non-exclusive, non-transferable right to access and use the website for its intended purpose. You may not copy, reproduce, resell, redistribute, publish, reverse engineer, or commercially exploit the website or its content except as expressly permitted.

14. Privacy

Your use of the website and the services is also subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and share information.

15. Third-Party Links and Content

The website may contain links to, or content from, third-party websites or services that ElevatorApp does not control. We are not responsible for the content, accuracy, availability, or practices of any third-party website or service, and providing a link is not an endorsement.

16. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the website and the services are provided on an “AS IS” and “AS AVAILABLE” basis. ElevatorApp disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ElevatorApp does not warrant that the website or the services will meet your requirements, achieve any particular result, or be uninterrupted, timely, secure, or error-free.

17. Limitation of Liability

To the maximum extent permitted by applicable law, the total aggregate liability of Jaka LLC and ElevatorApp arising out of or relating to the website or a given service shall not exceed the total fees you paid to ElevatorApp for the service giving rise to the claim (or, for use of the website where no fee was paid, one hundred U.S. dollars (US $100)). In no event shall Jaka LLC, ElevatorApp, or their respective affiliates, owners, directors, officers, employees, contractors, or agents be liable for any:

  • Indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, business, revenue, goodwill, or data;
  • Fines, penalties, or citations; or
  • Business interruption or loss of use,

arising out of or related to the website, the services, your use of either, your decisions, the condition or operation of your equipment, or the acts or omissions of any elevator maintenance service provider or authority, even if advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In such cases, the limitations shall apply to the fullest extent permitted by applicable law.

18. Indemnification / Hold Harmless

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Jaka LLC, ElevatorApp, and their respective affiliates, owners, directors, officers, employees, contractors, and agents from and against any and all claims, demands, lawsuits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the website or any service, any decision you make or action you take or fail to take, the condition or operation of your equipment, any inaccuracy in the information you provide, your breach of these Terms, or your violation of any applicable law or regulation, except to the extent caused by ElevatorApp’s willful misconduct.

19. Force Majeure

ElevatorApp shall not be liable for any delay or failure to perform to the extent caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, pandemics, labor disputes, power or telecommunications failures, acts of government, war, terrorism, or the unavailability of third-party services or networks.

20. Governing Law; Jurisdiction and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Subject to any separate arbitration agreement (if applicable), you agree that any legal action or proceeding arising out of or relating to these Terms, the website, or the services shall be brought exclusively in the state or federal courts located in the State of Florida, and you consent to the personal jurisdiction of such courts.

21. Changes to These Terms

ElevatorApp may update these Terms from time to time. The version in effect at the time you use the website or request a service will govern that use or request. Material changes may be communicated by reasonable means, such as posting the updated Terms with a new effective date. Your continued use of the website or the services after updated Terms are posted will constitute your acceptance of those changes, to the extent permitted by law.

22. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

23. Entire Agreement

These Terms, together with the applicable service-specific terms and the Privacy Policy, constitute the entire agreement between you and ElevatorApp regarding your use of the website and the services, and supersede all prior or contemporaneous understandings, whether written or oral, relating to that subject matter. These Terms do not create any third-party beneficiary rights, except as expressly stated.

24. Contact

Questions about these Terms may be directed to ElevatorApp (Jaka LLC) at the contact information provided on the website.

25. Acknowledgment

By using the ElevatorApp website or any service, you acknowledge that you have read and understood these Terms; that ElevatorApp is an independent resource that does not perform elevator maintenance service work; that ElevatorApp has not been on-site and relies only on the information you provide; that the services are informational and advisory only and are not legal, engineering, or code advice; that ElevatorApp does not guarantee any result; that decisions and responsibility are yours; and that each service you request is also governed by its own Acknowledgment and Terms of Service.