By requesting the Ask an Elevator Expert 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 Ask an Elevator Expert service is a scheduled consultation, generally about 30 minutes by phone or video, during which an experienced elevator professional provides general, informational guidance in response to the questions I raise. The service is a conversation and general guidance only. ElevatorApp does not perform elevator maintenance, repairs, inspections, testing, modernization, engineering, or code-compliance work of any kind.
2. Based on Information I Provide; No Site Visit
I understand and acknowledge that the guidance is based ONLY on the information I share before and during the consultation. ElevatorApp and the consulting professional have NOT visited my property and have NOT seen, inspected, tested, operated, or evaluated my elevator equipment, and will NOT do so as part of this service.
Because the professional has not seen my equipment or property, the guidance is limited to my description of my situation and may be incomplete or inaccurate if the information I provide is incomplete, inaccurate, or does not reflect the true condition or circumstances of my equipment or property.
3. General Guidance; Not Advice
I understand and agree that the guidance is:
- General and informational only;
- NOT legal advice;
- NOT engineering, design, or technical advice;
- NOT a diagnosis, inspection, test, or safety determination; and
- NOT a determination of code compliance or fitness for use.
The consulting professional is not my engineer, attorney, or my licensed elevator service provider or inspector, and no such relationship is created by my use of this service.
4. Opinion Only; Not Exhaustive
I understand that the guidance reflects the consulting professional’s subjective opinion based on general industry experience and on the limited information I provide during a brief consultation, and is not a legal or engineering conclusion. Reasonable professionals may disagree.
I further understand that the consultation is limited in time and scope, and that the professional may not identify or address every issue, risk, or consideration relevant to my situation. The absence of any comment on a topic is not an assurance about that topic.
5. No Guarantee
I understand that ElevatorApp does not guarantee:
- The accuracy, completeness, or correctness of the guidance;
- That any issue I describe can be diagnosed or resolved through the consultation;
- That my equipment is safe, functional, operable, or code-compliant; or
- Any particular outcome, result, or savings.
6. Reliance on Customer-Provided Information
I understand that ElevatorApp and the consulting professional rely entirely on the information I provide. Neither has any duty to independently obtain, verify, inspect, or audit my equipment, my property, or any information I provide, and neither is responsible for any error in the guidance that results from incomplete, inaccurate, or outdated information I provide, or from conditions that have not been seen.
7. My Decisions and Responsibility
I understand and agree that all decisions I make in reliance on the guidance 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.
8. Recommendation to Seek On-Site Professional Review
Because this service is remote and based only on information I provide, ElevatorApp recommends that, for anything requiring diagnosis, inspection, repair, or an authoritative determination, I engage a licensed or qualified elevator professional to evaluate my equipment on-site, and that I consult my own attorney and the appropriate authorities (including the authority having jurisdiction, or AHJ) as appropriate, before acting. I understand it is my responsibility to obtain such review.
9. 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.
10. Call Recording
I understand that neither party will record the consultation without the other party’s knowledge and consent, as required by applicable law. If ElevatorApp records a consultation for quality, training, or record-keeping purposes, it will do so in accordance with applicable law and will disclose the recording as required. If I wish to record the consultation, I am responsible for obtaining any consent required by law.
11. Communications
I authorize ElevatorApp to contact me by phone, email, and, if I provide a mobile number, by text message (SMS) to schedule and conduct my consultation and to follow up regarding it. 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.
12. Fees
I agree to pay the Ask an Elevator Expert fee disclosed to me at the time I request the service. The fee is earned for providing the scheduled consultation and is not contingent upon any result, resolution, or my decision to act on the guidance. Unless otherwise required by applicable law or expressly stated in writing by ElevatorApp, the fee is non-refundable once the scheduled consultation has occurred, and any rescheduling or cancellation is subject to ElevatorApp’s scheduling policy disclosed to me.
13. Completion of Services
I understand that ElevatorApp’s services are complete when the scheduled consultation concludes. No additional obligations are assumed by ElevatorApp after that point unless separately agreed in a signed writing.
14. 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 or equipment I am asking about; 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.
15. 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.
16. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Ask an Elevator Expert service is 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 will meet my 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, ElevatorApp’s total aggregate liability arising out of or relating to an Ask an Elevator Expert consultation provided for a particular request shall not exceed the total fee I paid to ElevatorApp for that consultation. 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, my use of the service, my decisions, the condition or operation of my equipment, 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.
18. 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 Ask an Elevator Expert service;
- Any decision I make or action I take or fail to take based on the guidance;
- The condition, operation, or safety of my equipment;
- Any inaccuracy or incompleteness in the information I provide;
- My breach of these Terms; or
- My 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 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.
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), I agree that any legal action or proceeding arising out of or relating to these Terms or the Ask an Elevator Expert 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.
21. 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.
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; No Third-Party Beneficiaries
These Terms, together with the ElevatorApp Global Terms and Conditions, constitute the entire agreement between me and ElevatorApp regarding the Ask an Elevator Expert 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.
24. Survival
The following provisions (among others that by their nature should survive) shall survive completion of the Ask an Elevator Expert service and any termination of this agreement: Scope of Services; Based on Information I Provide; General Guidance; Opinion Only; No Guarantee; Reliance on Customer-Provided Information; My Decisions and Responsibility; Compliance With Laws; Disclaimer of Warranties; Limitation of Liability; Indemnification / Hold Harmless; Governing Law, Jurisdiction and Venue; and Survival.
25. 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 an Ask an Elevator Expert consultation of my own free will;
- Understood that the consulting professional has not visited my property or seen my equipment, and that the guidance is based only on the information I provide;
- Understood that the guidance is general and informational only and is not legal, engineering, or safety advice, a diagnosis, or an inspection;
- Understood that the consultation is limited in time and scope and that ElevatorApp does not guarantee any result;
- Understood that ElevatorApp recommends an on-site evaluation by a licensed elevator professional for anything requiring diagnosis, inspection, or repair;
- Agreed to the applicable Ask an Elevator Expert fee and scheduling and refund policy; and
- Represented that I have the authority described in Section 14.