By requesting the Maintenance Agreement service from ElevatorApp, operated by Jaka LLC (“ElevatorApp,” “we,” “us,” or “our”), I acknowledge and agree to the following:
These Terms are in addition to, and incorporate by reference, the ElevatorApp Global Terms and Conditions. By requesting this service, I agree to both. If there is a conflict between these Terms and the Global Terms and Conditions with respect to this service, these Terms control for that service.
1. Scope of Services
I understand that the Maintenance Agreement service provides me with a Scope of Services document (the “Scope of Services”) that describes the elevator maintenance and service tasks and performance that I, as the building owner, should expect an elevator service provider to deliver. The service is informational and document-based only. ElevatorApp does not perform elevator maintenance, repairs, inspections, testing, modernization, engineering, or code-compliance work of any kind, and does not act as my elevator service provider.
2. What the Scope of Services Is and Is Not
I understand and agree that the Scope of Services:
- Describes ONLY what services and performance are expected of the elevator service provider;
- Is NOT a complete or signable maintenance agreement or contract;
- Does NOT include my business, commercial, or legal terms, such as indemnity, insurance, liability, payment, term, termination, or the rules of my building; and
- Does NOT provide instructions, methods, or technical specifications for how to perform elevator work, which is the sole responsibility of the licensed elevator service provider.
I understand that I, together with my attorney, am responsible for attaching my own business and legal terms and building rules to the Scope of Services, and for assembling the complete maintenance agreement, before I use or sign it.
3. Not Legal Advice; General Document Only
I understand and agree that the Scope of Services is a general, standardized document; is NOT legal advice, a legal opinion, or a legal service; and was NOT prepared by an attorney acting on my behalf. ElevatorApp is not my attorney, no attorney-client relationship is created by my use of this service, and ElevatorApp is not engaged in the practice of law. Providing a document is not the same as advising me on whether its terms are appropriate, complete, or enforceable for my situation, which only a licensed attorney can do.
4. Not Tailored to Me; No Site Visit or Local Knowledge
I understand that ElevatorApp has NOT visited my property, has NOT seen my equipment, and does not know my specific location, jurisdiction, equipment, building operations, or service needs. As a result, the Scope of Services is a general document that:
- Is not customized to my property, equipment, or needs;
- May not address everything I may need to expect from a provider; and
- May not reflect or account for the laws, codes, or requirements of my state or local jurisdiction.
It is my responsibility to determine what my agreement needs to include and to make sure the scope and agreement I use are appropriate and lawful for my property and jurisdiction.
5. Basis of the Scope; Industry Practice and Code
I understand that the Scope of Services is built on ElevatorApp’s general experience and on ElevatorApp’s interpretation of industry best practices and applicable ASME code requirements as ElevatorApp understands them. I understand and agree that:
- This reflects ElevatorApp’s interpretation and is NOT an authoritative, official, or complete statement of any code or standard;
- Code and standard requirements, including ASME and state or local requirements, vary by jurisdiction and change over time; and
- ElevatorApp does not guarantee that the Scope of Services reflects or satisfies all requirements applicable to my property.
I understand that I should refer to the applicable ASME code and confirm all requirements with the authority having jurisdiction (AHJ) for my property and with a qualified or licensed elevator professional.
6. Purpose: More Balanced Expectations
I understand that a maintenance agreement prepared by an elevator service provider generally defines the provider’s obligations narrowly and in the provider’s favor. The Scope of Services is intended to set clearer and more complete expectations of what the provider should deliver, which is generally more favorable to the building owner. I understand that “more balanced” or “more favorable to the building” describes ElevatorApp’s general drafting intent only, and is not a guarantee of any particular service level, protection, coverage, or outcome.
7. No Guarantee
I understand that ElevatorApp does not guarantee:
- That the Scope of Services covers everything I may need to expect from a provider;
- That the Scope of Services is complete, accurate, enforceable, or valid;
- That the Scope of Services reflects or satisfies all applicable code, standards, or AHJ requirements;
- That the Scope of Services is appropriate for my equipment, property, or jurisdiction;
- That any elevator service provider will accept the Scope of Services or agree to its terms; or
- Any particular service level, result, savings, or outcome.
8. Attorney Review and Assembly Required Before Use or Signing
I understand and agree that I should have my own attorney assemble and review the complete maintenance agreement, including my business and legal terms together with the Scope of Services, before I use it, present it to any provider, or sign any agreement. ElevatorApp strongly recommends that I also consult a qualified or licensed elevator professional and, where appropriate, the AHJ, regarding my specific requirements. I understand it is my responsibility to obtain such review, and that I use the Scope of Services at my own risk if I choose not to.
9. License to Use the Scope of Services
The Scope of Services document and its content are the property of ElevatorApp and/or Jaka LLC. ElevatorApp grants me a limited, non-exclusive, non-transferable license to use and adapt the Scope of Services for the purpose of establishing maintenance service for my own property. I agree not to resell, redistribute, publish, or commercially exploit the Scope of Services itself. Once I incorporate it into an agreement with a provider, that resulting agreement is between me and my provider, and ElevatorApp claims no interest in it.
10. Not a Party; Negotiation and Final Agreement Are Mine
I understand that ElevatorApp is not a party to, and has no obligations under, any maintenance agreement I enter into with any elevator service provider. ElevatorApp does not negotiate, execute, administer, or enforce any agreement on my behalf. All negotiation with, and the final terms agreed with, any provider are solely my responsibility, and any dispute regarding an agreement or any work is solely between me and my elevator service provider.
11. Optional Distribution to Providers
If I request and, where applicable, pay for the optional distribution of my Scope of Services or bid package to elevator service providers, I understand that ElevatorApp’s role is limited to transmitting those materials to providers I identify or that ElevatorApp helps identify. I understand that:
- ElevatorApp is only transmitting materials and is not recommending, endorsing, certifying, or guaranteeing any provider;
- All elevator service providers are independent companies and are not employees, agents, or partners of ElevatorApp or Jaka LLC;
- ElevatorApp does not verify or guarantee any provider’s licensing, insurance, qualifications, pricing, availability, or workmanship; and
- ElevatorApp does not guarantee that any provider will respond, submit a bid, or accept my terms.
It is my responsibility to evaluate any provider and to conduct my own due diligence before authorizing any work or entering into any agreement.
12. My Decisions and Responsibility
I understand and agree that all decisions regarding the scope and terms I use, the provider I select, the agreement I negotiate, and the agreement I sign are mine alone, and that I am solely responsible for those decisions and their consequences. I am using this service of my own free will and at my own discretion.
13. Not for Emergencies or Life-Safety
I understand that this service is informational and is 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, I agree to:
- Call 911 or my local emergency number immediately;
- Follow my building’s posted emergency procedures and safety protocols; and
- Use any emergency communication devices provided in the elevator or building.
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.
14. Communications
I authorize ElevatorApp to contact me by phone, email, and, if I provide a mobile number, by text message (SMS) regarding my request and the delivery of my materials. Standard message and data rates may apply for SMS messages. I understand that I may opt out of non-essential communications as permitted by law. If ElevatorApp maintains a Privacy Policy, I acknowledge that my use of the service is also subject to that Privacy Policy, and I agree to review it separately.
15. Fees
I agree to pay the Maintenance Agreement service fee disclosed to me at the time I request the service, including any optional add-on fee for distribution to providers. The fee is earned for providing the Scope of Services and any requested distribution, and is not contingent upon any provider response, any accepted terms, or my decision to use the Scope of Services. Unless otherwise required by applicable law or expressly stated in writing by ElevatorApp, the fee is non-refundable once ElevatorApp has begun providing the service.
16. Completion of Services
I understand that ElevatorApp’s services are complete when it delivers the Scope of Services to me and, if requested, transmits my materials to the providers I have identified. No additional obligations are assumed by ElevatorApp after that point unless separately agreed in a signed writing.
17. Customer Authority and Representations
I represent and warrant that:
- I am at least 18 years of age and legally competent to enter into this agreement;
- I have the authority to request this service for, and to share information about, the property involved; and
- If I am acting on behalf of a property owner, association, or management company, I have the authority to bind that entity to these Terms.
I agree that ElevatorApp is entitled to rely on these representations without any duty to independently verify my authority.
18. Compliance With Laws; Building Responsibilities
I understand that I am solely responsible for ensuring that my property complies with all applicable building, fire, and elevator codes and regulations; for maintaining appropriate safety procedures and supervision at my property, including when an elevator is out of service; and for complying with any obligations I may have to building occupants, tenants, and visitors. ElevatorApp does not provide legal, regulatory, or code-compliance advice and does not assume any duty to monitor or enforce compliance with such requirements.
19. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Maintenance Agreement service and the Scope of 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 service or the Scope of Services will meet my requirements, achieve any particular result, or be uninterrupted, timely, secure, or error-free.
20. Limitation of Liability
To the maximum extent permitted by applicable law, ElevatorApp’s total aggregate liability arising out of or relating to the Maintenance Agreement service provided for a particular request shall not exceed the total fee I paid to ElevatorApp for that service. 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; or
- Business interruption or loss of use,
arising out of or related to the service, the Scope of Services, my use of either, the terms I agree to with any provider, or the acts or omissions of any elevator service provider, 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 me. In such cases, the limitations shall apply to the fullest extent permitted by applicable law.
21. Indemnification / Hold Harmless
To the fullest extent permitted by law, I 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:
- My use of the Maintenance Agreement service or the Scope of Services;
- Any agreement I negotiate, sign, or enter into with any provider;
- Any decision I make or action I take or fail to take based on the service or the Scope of Services;
- My breach of these Terms; or
- My violation of any applicable law or regulation,
except to the extent caused by ElevatorApp’s willful misconduct.
22. Force Majeure
ElevatorApp shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is 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.
23. 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), I agree that any legal action or proceeding arising out of or relating to these Terms or the Maintenance Agreement service shall be brought exclusively in the state or federal courts located in the State of Florida, and I consent to the personal jurisdiction of such courts. I understand that this governs my agreement with ElevatorApp for this service, and does not govern any maintenance agreement I later enter into with a provider.
24. Changes to Terms
ElevatorApp may update these Terms from time to time. The version in effect at the time I request the service and authorize payment will govern that request. Material changes may be communicated by reasonable means, such as updating the online terms with a new effective date. My continued use of the service after updated Terms are presented will constitute my acceptance of those changes, to the extent permitted by law.
25. 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.
26. Entire Agreement; No Third-Party Beneficiaries
These Terms, together with the ElevatorApp Global Terms and Conditions, constitute the entire agreement between me and ElevatorApp regarding the Maintenance Agreement service and supersede all prior or contemporaneous understandings, whether written or oral, relating to such service. These Terms do not create any third-party beneficiary rights, except as expressly stated.
27. Survival
The following provisions (among others that by their nature should survive) shall survive completion of the Maintenance Agreement service and any termination of this agreement: Scope of Services; What the Scope of Services Is and Is Not; Not Legal Advice; Not Tailored to Me; Basis of the Scope; No Guarantee; Attorney Review and Assembly Required; License to Use the Scope of Services; Not a Party; My Decisions and Responsibility; Compliance With Laws; Disclaimer of Warranties; Limitation of Liability; Indemnification / Hold Harmless; Governing Law, Jurisdiction and Venue; and Survival.
28. Customer Acknowledgment
By checking the box below and submitting payment, I acknowledge that I have:
- Read and understood these Terms;
- Understood that the ElevatorApp Global Terms and Conditions also apply to this service, and agreed to them;
- Requested the Maintenance Agreement service of my own free will;
- Understood that the Scope of Services describes only what is expected of the elevator service provider, is not a complete contract, and does not include my business or legal terms or building rules, which I must attach myself with my attorney;
- Understood that the Scope of Services does not tell anyone how to perform elevator work;
- Understood that it is not legal advice and is not customized to my property, equipment, or jurisdiction;
- Understood that ElevatorApp has not been on-site and does not guarantee that it covers everything I need or reflects all applicable code or AHJ requirements;
- Understood that it is based on ElevatorApp’s interpretation of industry best practices and ASME code, and that I should refer to the ASME code and confirm requirements with my AHJ;
- Understood that it is intended to be more balanced toward the building, but that this is a drafting intent and not a guarantee;
- Understood that I should have my own attorney assemble and review the complete agreement before I use it or sign anything;
- Agreed to the applicable service fee and refund policy; and
- Represented that I have the authority described in Section 17