By requesting Dispatch Coordination services from ElevatorApp, 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 these services, I agree to both. If there is a conflict between these Terms and the Global Terms and Conditions with respect to these services, these Terms control for those services.
1. Scope of Services
I understand that ElevatorApp is providing dispatch coordination services only.
ElevatorApp’s role is limited to:
- Contacting my existing elevator maintenance provider to request service on my behalf; or
- Introducing me to a licensed elevator maintenance service provider that has indicated a willingness to discuss servicing my elevator.
ElevatorApp does not perform elevator maintenance, repairs, inspections, testing, modernization, code compliance reviews, engineering services, or any other elevator services. I understand that ElevatorApp does not assume any responsibility for the safety, operation, or code compliance of any elevator, escalator, or lifting device at my property. All such responsibility remains with the property owner, manager, and any elevator maintenance service provider I choose to engage.
2. No Guarantee of Service
I understand that ElevatorApp does not guarantee:
- That any elevator maintenance service provider will accept my request.
- That an elevator maintenance service provider technician will be dispatched.
- That an elevator maintenance service provider technician will arrive within any specific timeframe.
- That any repair will be completed.
- That my elevator will be restored to service.
- That replacement parts are available.
- That the elevator maintenance service provider can resolve my problem.
I understand that all scheduling, prioritization, and performance of work are solely under the control of the elevator maintenance service provider.
3. Independent Elevator Maintenance Service Providers
I understand that all elevator maintenance service providers are independent companies and are not employees, agents, partners, joint venturers, or representatives of ElevatorApp or Jaka LLC or any of its affiliates.
Each elevator maintenance service provider operates independently and is solely responsible for:
- Its own employees
- Licensing
- Insurance
- Safety practices
- Workmanship
- Pricing
- Scheduling
- Repair recommendations
- Billing
- Performance of any services
Any contract for elevator services is solely between me and the elevator maintenance service provider. ElevatorApp is not a party to, and has no obligations under, any agreement between me and any elevator maintenance service provider. I understand that ElevatorApp does not control, direct, supervise, or manage the manner, method, or means by which any elevator maintenance service provider performs its work.
4. Existing Elevator Maintenance Service Provider
If I have identified my existing elevator maintenance service provider, I authorize ElevatorApp to contact that elevator maintenance service provider on my behalf and request service pursuant to my existing agreement with that elevator maintenance service provider ElevatorApp is not responsible for interpreting, enforcing, or administering my maintenance contract and is not responsible for ensuring that any services requested are covered by that contract.
5. Elevator Maintenance Service Provider Match (No Existing Elevator Maintenance Service Provider)
If I do not have an existing elevator maintenance service provider, I understand that ElevatorApp will attempt to identify a licensed elevator maintenance service provider willing to discuss servicing my elevator.
ElevatorApp is only making an introduction. I understand that any decision to provide service is made solely by the elevator maintenance service provider.
All future discussions regarding:
- Purchase Orders
- Pricing
- Insurance
- Credit
- Scheduling
- Service Agreements
- Repairs
will occur directly between me and the elevator maintenance service provider. ElevatorApp will not negotiate or execute any service agreement on my behalf.
6. No Recommendation or Endorsement
I understand that ElevatorApp is not recommending, endorsing, certifying, or guaranteeing any specific elevator maintenance service provider. Any elevator maintenance service provider identified through ElevatorApp is presented solely because the elevator maintenance service provider has indicated a willingness to consider servicing my property. ElevatorApp may make reasonable efforts to identify elevator maintenance service provider that appear to be appropriately licensed to perform elevator work within the applicable jurisdiction. However, ElevatorApp does not independently verify or guarantee the elevator maintenance service providers:
- Licensing status (current or otherwise)
- Qualifications or certifications
- Insurance coverage
- Financial condition or stability
- Workmanship or quality of services
- Availability or response times
- Ability to diagnose or repair my elevator
It is my responsibility to evaluate any elevator maintenance service provider and determine whether that elevator maintenance service provider is suitable for my property and needs before authorizing any work.
7. Licensing Information
ElevatorApp may make reasonable efforts to identify elevator maintenance service providers that appear to be appropriately licensed in the applicable jurisdiction.
However, ElevatorApp does not independently verify or warrant:
- Current licensing status
- Insurance coverage
- Financial stability
- Qualifications
- Certifications
- Experience
- Reputation
- Availability
I understand that I must conduct my own due diligence regarding any elevator maintenance service provider’s licensing, insurance, and qualifications.
8. No Responsibility for ThirdParty Actions
I understand that ElevatorApp is not responsible for the actions, omissions, statements, delays, scheduling decisions, pricing, workmanship, recommendations, or performance of any independent elevator maintenance service provider. Any dispute regarding services performed, invoices issued, or work recommended must be resolved directly between me and the elevator maintenance service provider. ElevatorApp will not be responsible for mediating or resolving any such dispute.
9. Emergency and LifeSafety Disclaimer
I understand that ElevatorApp’s Dispatch Coordination services are not intended for emergencies or lifesafety situations, including but not limited to:
- Persons trapped in an elevator
- Fire, smoke, or suspected fire conditions
- Medical emergencies or injuries
- Any situation involving immediate risk to life, health, or safety
In any emergency or lifesafety situation, I agree to:
- Call 911 or my local emergency number immediately.
- Follow my building’s posted emergency procedures and safety protocols.
- Use any emergency communication devices provided in the elevator or building.
I understand that ElevatorApp does not monitor emergency conditions, does not provide emergency response, and has no duty to respond to or coordinate emergency or lifesafety services.
10. Communications
I authorize ElevatorApp to communicate with elevator maintenance service providers on my behalf for the limited purpose of requesting service or facilitating an introduction. I also authorize ElevatorApp to contact me by phone, email, and, if I provide a mobile number, by text message (SMS) regarding:
- My dispatch request
- Coordination updates
- Confirmation of completion of ElevatorApp’s coordination services
Standard message and data rates may apply for SMS messages. I understand that I may opt out of nonessential 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. Dispatch Coordination Fee
I understand that the Dispatch Coordination Fee is charged for ElevatorApp’s coordination services. The fee is earned once ElevatorApp begins coordinating my request and is not contingent upon:
- Elevator maintenance service provider acceptance
- Technician arrival
- Repair completion
- Elevator restoration
- My decision to retain any elevator maintenance service provider
Unless otherwise required by applicable law or expressly stated in writing by ElevatorApp, the Dispatch Coordination Fee is nonrefundable once ElevatorApp has begun coordination efforts for my request.
12. Completion of ElevatorApp Services
I understand that ElevatorApp’s services are complete when:
- My existing elevator maintenance service provider has been contacted and ElevatorApp has communicated the results to me; or
- ElevatorApp has introduced me to a prospective elevator maintenance service provider and communicated that introduction to me.
No additional obligations are assumed by ElevatorApp after that point unless separately agreed in a signed writing. I understand that any further coordination, followup, or negotiation with the elevator maintenance service provider occurs directly between me and the elevator maintenance service provider, unless ElevatorApp explicitly agrees otherwise in writing.
13. CustomerProvided Information
I understand that ElevatorApp relies on the information I provide when coordinating my request. I am responsible for ensuring that all information I submit, including the identity and contact information of my existing elevator maintenance provider, property address, and other request details, is complete and accurate. ElevatorApp is not responsible for delays, failed communications, or unsuccessful dispatch coordination resulting from inaccurate, incomplete, or outdated information provided by me.
Existing Elevator Service Maintenance Provider Information
If I request that ElevatorApp contact my existing elevator maintenance service provider, I acknowledge that I am responsible for providing the correct elevator maintenance service provider name and contact information. ElevatorApp is entitled to rely on the information I provide and is not responsible if the incorrect elevator maintenance service provider is identified, contacted, or is unable to respond due to inaccurate information supplied by me.
Elevator Maintenance Service Provider Availability
I understand that ElevatorApp cannot control the availability, staffing levels, scheduling practices, or business decisions of any elevator maintenance service provider. Any decision to accept, decline, delay, or prioritize my request is made solely by the elevator maintenance service provider.
Customer Responsibilities
I understand that I remain responsible for:
- Providing accurate and complete information.
- Authorizing any work directly with the elevator maintenance service provider.
- Providing any required purchase orders, insurance documentation, access instructions, or approvals to the elevator maintenance service provider.
- Determining whether to proceed with any recommended repairs or services.
No Duty to Verify
ElevatorApp is not responsible for independently verifying the accuracy of the information provided by the customer, including the identity of the customer’s existing elevator maintenance provider, contract status, account status, or contact information. ElevatorApp is not responsible if a customer incorrectly identifies its elevator maintenance service provider, if no active maintenance agreement exists, or if the identified elevator maintenance service provider declines or is unable to provide service for any reason.
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 services for, and to share information about, the property identified in my request.
- 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 and 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.
- Maintaining appropriate safety procedures and supervision at my property, including when an elevator is out of service.
- Complying with any obligations I may have to building occupants, tenants, and visitors regarding elevator operation and safety.
ElevatorApp does not provide legal, regulatory, or codecompliance 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 Dispatch Coordination services provided by ElevatorApp are offered 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 noninfringement. ElevatorApp does not warrant that the Dispatch Coordination services will meet my requirements, achieve any particular result, or be uninterrupted, timely, secure, or errorfree.
17. Limitation of Liability
To the maximum extent permitted by applicable law, ElevatorApp’s total aggregate liability arising out of or relating to any Dispatch Coordination services provided for a particular request shall not exceed the total Dispatch Coordination Fee paid by me to ElevatorApp for that specific request. In no event shall ElevatorApp, The Elevator Consultants, or their respective owners, directors, officers, employees, contractors, or affiliates be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, business, revenue, goodwill, or data
- Business interruption or loss of use
arising out of or related to the Dispatch Coordination services, my use of those services, or the acts or omissions of any elevator maintenance 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 ElevatorApp, JAKA LLC or any of its affiliates and their respective owners, directors, officers, employees, contractors, and affiliates 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:
- Services performed or not performed by any elevator maintenance service provider;
- My use of the Dispatch Coordination services;
- 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.
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 thirdparty 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 Dispatch Coordination services 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 submit a dispatch 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 Dispatch Coordination services 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 ThirdParty Beneficiaries
These Terms, together with the ElevatorApp Global Terms and Conditions, constitute the entire agreement between me and ElevatorApp regarding Dispatch Coordination services and supersede all prior or contemporaneous understandings, whether written or oral, relating to such services. These Terms do not create any thirdparty beneficiary rights, except as expressly stated.
24. Survival
The following provisions (among others that by their nature should survive) shall survive completion of the Dispatch Coordination services and any termination of this agreement: Scope of Services, No Guarantee of Service, Independent Elevator Maintenance Service Providers, CustomerProvided Information, 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 these services, and agreed to them.
- Authorized ElevatorApp to coordinate my request.
- Agreed to the applicable Dispatch Coordination Fee and refund policy.
- Understood the limitations of ElevatorApp’s services.
- Understood that all repair services are provided solely by independent elevator service providers.
- Represented that I have the authority described in Section 14.
☐ I have read and agree to the Dispatch Coordination Terms of Service and the ElevatorApp Global Terms and Conditions, and I authorize ElevatorApp to proceed with my request.