By requesting Maintenance Contract Review services 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 ElevatorApp is providing an independent, informational review of an existing elevator maintenance or service contract that I submit. The review may include:
- A plain-language explanation of what the contract appears to say, what I appear to be paying for, and what my provider appears to be obligated to do; and
- ElevatorApp’s opinion identifying provisions that, in ElevatorApp’s opinion, appear unfavorable, one-sided, or unusual for me as the customer.
The review is based solely on the document or documents I provide and on ElevatorApp’s general industry experience. It is an informational business opinion only. ElevatorApp does not perform elevator maintenance, repairs, inspections, testing, modernization, engineering, or code-compliance work of any kind, and does not inspect my equipment as part of this service.
2. Nature of the Review; Not Legal Advice
I understand and agree that the review is:
- NOT legal advice, a legal opinion, or a legal interpretation of my contract;
- NOT a determination of the enforceability, validity, or legal effect of any provision;
- NOT engineering or technical advice; and
- NOT an inspection, test, or safety determination.
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. I understand that only a licensed attorney can advise me on the legal meaning, enforceability, or consequences of my contract, and that I should consult my own attorney before signing, renewing, terminating, or otherwise acting on my contract.
3. Opinion Only; Not Exhaustive
I understand that any identification of a term as “unfavorable,” “one-sided,” “risky,” or similar reflects ElevatorApp’s subjective opinion based on general industry experience, and is not a legal conclusion. Reasonable professionals may disagree, and my provider or others may hold a different view.
I further understand that the review is not exhaustive. ElevatorApp may not identify every unfavorable, ambiguous, risky, or important term in my contract. The absence of any comment on a provision is not an assurance that the provision is favorable, standard, enforceable, or in my best interest.
4. No Guarantee
I understand that ElevatorApp does not guarantee:
- The accuracy, completeness, or correctness of the review;
- The meaning, enforceability, validity, or legal effect of any provision;
- Any outcome, cost savings, or improved terms; or
- That my provider will agree to change, waive, or renegotiate any term.
5. Reliance on Customer-Provided Information
I understand that ElevatorApp relies entirely on the documents and information I provide, including the contract and any amendments, exhibits, or related materials. If I provide an incomplete or partial contract, the review will be limited accordingly. I am responsible for ensuring that the information I submit is complete, accurate, and current. ElevatorApp has no duty to independently obtain, verify, or audit my contract or account, and is not responsible for any error in the review that results from incomplete, inaccurate, or outdated information I provide.
6. Not a Party to My Contract
I understand that ElevatorApp is not a party to, and has no obligations under, my maintenance contract or any agreement between me and my elevator service provider. ElevatorApp does not interpret the contract as a matter of law, and does not enforce, administer, negotiate, redraft, or modify it. ElevatorApp does not contact my provider as part of this service unless I separately request and authorize a different service. Any dispute regarding the contract or any work is solely between me and my elevator service provider.
7. My Decisions and Responsibility
I understand and agree that all decisions to sign, renew, terminate, pay, dispute, or negotiate my contract 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 Professional Review
ElevatorApp always recommends that I review my contract, and any decision I make based on the review, with my own legal counsel, and, where appropriate, a qualified or licensed elevator professional and/or the appropriate authorities (including the authority having jurisdiction, or AHJ), before signing, renewing, terminating, or otherwise 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. Communications
I authorize ElevatorApp to contact me by phone, email, and, if I provide a mobile number, by text message (SMS) regarding my review request and the delivery of my review. 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.
11. Fees
I agree to pay the Maintenance Contract Review Fee disclosed to me at the time I request the service. The fee is earned for performing the review and is not contingent upon any result, savings, improved terms, or my decision to act on the review. Unless otherwise required by applicable law or expressly stated in writing by ElevatorApp, the fee is non-refundable once ElevatorApp has begun the review.
12. Completion of Services
I understand that ElevatorApp’s services are complete when it delivers its review or opinion to me. No additional obligations are assumed by ElevatorApp after that point unless separately agreed in a signed writing.
13. 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 submit the contract and property information involved, and to request this review; 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.
14. 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.
15. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Maintenance Contract Review 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.
16. Limitation of Liability
To the maximum extent permitted by applicable law, ElevatorApp’s total aggregate liability arising out of or relating to a Maintenance Contract Review provided for a particular request shall not exceed the total fee I paid to ElevatorApp for that specific review. 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, my contract, 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.
17. 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 Contract Review service;
- Any decision I make or action I take or fail to take based on the review, including signing, renewing, or terminating a contract;
- Any inaccuracy 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.
18. 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.
19. 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 Contract Review 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.
20. Changes to Terms
ElevatorApp may update these Terms from time to time. The version in effect at the time I submit a review request 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.
21. 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.
22. 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 Contract Review 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.
23. Survival
The following provisions (among others that by their nature should survive) shall survive completion of the Maintenance Contract Review service and any termination of this agreement: Scope of Services; Nature of the Review; Opinion Only; No Guarantee; Reliance on Customer-Provided Information; Not a Party to My Contract; My Decisions and Responsibility; Compliance With Laws; Disclaimer of Warranties; Limitation of Liability; Indemnification / Hold Harmless; Governing Law, Jurisdiction and Venue; and Survival.
24. 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 a Maintenance Contract Review of my own free will;
- Understood that the review is an informational opinion only, is not legal advice, and is not a legal interpretation of my contract;
- Understood that the review is not exhaustive and that ElevatorApp does not guarantee any result;
- Understood that I should consult my own attorney before signing, renewing, or terminating my contract;
- Agreed to the applicable Maintenance Contract Review Fee and refund policy; and
- Represented that I have the authority described in Section 13.