These ElevatorApp Global Terms and Conditions (the “Terms”) govern your access to and use of ElevatorApp.com and any related application, platform and services (collectively “ElevatorApp,” the “Website,” the “Company,” “We,” “Us, “Our,” and any similar or related references to ElevatorApp) and all of the services offered through it (the “Services”). ElevatorApp is an assumed name of Jaka LLC, a Florida limited liability company. BY ACCESSING OR USING THE WEBSITE OR ANY SERVICES, YOU (“YOU” OR THE “CUSTOMER”) AGREE TO THESE TERMS AND THE SPECIFIC TERMS OF SERVICE FOR ANY OF THE SERVICES YOU UTILIZE.
1. Who We Are
ElevatorApp is an independent resource for building owners, property managers, and those responsible for elevator equipment in a commercial setting. 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 for consulting, a nonrefundable marketplace request fee and, if added, a service fee for Maintenance on Demand, and software fees for the ElevatorApp software, in each case as described in the Terms of Service or license for each of the specific Services We offer. Through Maintenance on Demand (as defined in the specific Maintenance on Demand Terms of Service), We operate a marketplace that connects You with independent elevator maintenance service providers (“Independent Service Provider(s)”) and facilitates payment of a service call through a third-party payment processor, as described in the Maintenance on Demand Terms of Service. We are not a party to any work or contract between You and an Independent Service Provider, We do not perform the work, and We do not hold funds. We might also facilitate communication with or provide referrals to Independent Service Providers in connection with certain Services. In these Terms, “ElevatorApp,” “We,” “Us,” and the “Company” mean Jaka LLC, which operates ElevatorApp.
2. Why You Use the Services
You use ElevatorApp because You want assistance and information. Our advisory 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, and understanding that Our advisory Services are consulting only.
3. We Have Not Been On-Site; We Rely Only on Your Information
This is central to how ElevatorApp works, and it applies to our Services. Except where a specific Service’s Terms of Service or license expressly state otherwise, You understand and agree that:
- ElevatorApp has NOT visited your property and has NOT been onsite to view, and has not 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 details or information about your equipment, property, or situation;
- 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 the information You provide is incomplete, inaccurate, or does not reflect the true conditions; and
- WE PROVIDE NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES, NEITHER EXPRESS NOR IMPLIED.
4. Informational and Advisory Only; Not Professional Advice
Nothing on the Website or provided through any of the Services 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 Services 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 SERVICES. 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.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, AND ARE, EXCEPT AS A SERVICE’S SPECIFIC TERMS OR LICENSE STATE OTHERWISE, INFORMATIONAL AND ADVISORY SERVICES FOR YOUR INDEPENDENT CONSIDERATION AND VERIFICATION.
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 of the Services has its own Terms of Service (and, for the ElevatorApp software, including the Maintenance on Demand module, the ElevatorApp Software License Agreement) that, along with these Terms, You accept when You request that specific Service. If there is a conflict between these Terms and a Service’s Terms of Service, these Terms control.
8. Independent Service Providers
Any Independent Service Providers You learn of, are introduced to, or engage in connection with the Services are independent companies. Independent Service Providers are not employees, agents, partners, or representatives of ElevatorApp. We do not vet, endorse, certify, or guarantee any Independent Service Providers, and We do not verify or confirm an Independent Service Provider’s licensing, insurance, qualifications, pricing, availability, or workmanship. Any contract with an Independent Service Provider is solely between You and the Independent Service Provider, and any dispute regarding an Independent Service Provider or its work is solely between You and that Independent Service Provider.
For Maintenance on Demand, participating Independent Service Providers enter their own license and insurance information, and the platform makes it available to You so that You can decide for yourself whether an Independent Service Provider is acceptable. We do not review or verify that information.
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. ELEVATORAPP DOES NOT PROVIDE EMERGENCY 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 and all representations by You without any duty to independently verify them. You are using the Website and the Services for a business or property purpose, on behalf of an owner, association, management company, or other organization, and not for personal, family, or household use.
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. Message frequency varies. You may opt out of text messages at any time by replying STOP, and reply HELP for help. Opting out of texts does not cancel a request or any payment obligation. These texts are operational and are not marketing.
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 Terms of Service. ElevatorApp may add or change fees for any Service, including service fees, markups, or other charges, at its discretion; the fees disclosed to You before You pay apply to that request. Software fees for the ElevatorApp software are as stated in its license or order. Software is sold for the term the customer selects, renews automatically for the same term unless the customer cancels before the renewal date, and is nonrefundable once the term starts. A refund before the term starts is reduced by the payment processing fees we paid. 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. Questions about a charge we initiate or a refund we promise may be directed to us. Questions about the payment processor’s separate services may be directed to the processor, and our use of the processor does not eliminate any obligation we have under these Terms or applicable law.
Payment for Services is due in advance unless stated otherwise in a Service’s specific Terms of Service.
For Maintenance on Demand, You provide a payment method that is stored by the payment processor. You are charged a $25 request fee when You post a request. The request fee is the cost of using Maintenance on Demand to look for an Independent Service Provider, and it does not guarantee that any provider will respond or be available. It is nonrefundable, and You confirm that You understand this before it is charged. If applicable law requires a refund, the refund is reduced by the payment processing fees we paid, to the extent the law allows. When You select an Independent Service Provider, You are charged the service call price shown to You, which includes any Maintenance on Demand service fee. Where permitted by law and card-network rules, a card processing charge is added to a credit card payment and shown before You pay; where it is not permitted, ElevatorApp pays it. The payment processor holds that payment and releases it to the provider as described in the Maintenance on Demand Terms of Service. Additional work is arranged and paid between You and the Independent Service Provider, outside Maintenance on Demand. ElevatorApp does not hold funds and is not a bank, escrow agent, or fiduciary. ElevatorApp is not responsible for payments made directly between users and third parties, such as a provider’s charge for additional work, except as these Terms provide.
13. Intellectual Property
The Website and its content, including text, graphics, software, templates, scope documents, and the design and logo of ElevatorApp, are owned by the Company and/or its licensors and are protected by applicable intellectual property laws. Except for any other or different limited license expressly granted in a Service’s specific Terms of Service or software license, You are granted a limited, non-exclusive, non-transferable right to access and use the Website for its intended purpose only. You may not copy, reproduce, resell, redistribute, publish, reverse engineer, or commercially exploit the Website or its content except as expressly permitted in writing by the Company. The ElevatorApp software, including the maintenance control program, the mobile applications, and the Maintenance on Demand module, is licensed under the ElevatorApp Software License Agreement.
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 THE COMPANY ARISING OUT OF OR RELATING TO THE WEBSITE OR THE SERVICES 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 THE COMPANY, OR ITS RESPECTIVE AFFILIATES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY: NOTHING IN THIS SECTION LIMITS OR EXCLUDES LIABILITY FOR OUR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR ANY LIABILITY OR REMEDY THAT APPLICABLE LAW DOES NOT ALLOW US TO LIMIT OR EXCLUDE.
- 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 INDEPENDENT SERVICE PROVIDERS OR OTHER PARTY, 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 THE COMPANY, AND ITS RESPECTIVE AFFILIATES, OWNERS, MEMBERS, MANAGERS, 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 ANY SERVICE SPECIFIC TERMS OF SERVICE, AND YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
19. Force Majeure
ElevatorApp shall not be liable for any delay or failure to perform for any purpose whatsoever, including but not limited 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; MANDATORY BINDING ARBITRATION; INFORMAL DISPUTE RESOLUTION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU AND COMPANY AGREE THAT ANY DISPUTE THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES.
Informal Dispute Resolution Requirement. Before either party may commence arbitration, the party asserting a claim must provide the other party with written notice of the dispute ("Dispute Notice"). The Dispute Notice must describe the nature and basis of the dispute, the facts supporting the claim, and the specific relief requested.
Upon receipt of a Dispute Notice, both parties shall participate in good-faith efforts to resolve the dispute informally. Neither party may initiate arbitration until thirty (30) days after the other party's receipt of the Dispute Notice. During this 30-day period, each party shall have a reasonable opportunity to investigate the claims, exchange relevant information, and engage in settlement discussions. Compliance with this informal dispute resolution process is a material condition precedent to the initiation of arbitration by either party.
Users shall provide a Dispute Notice to the Company via certified U.S. Mail (return receipt requested) to the Company's principal business address, with a copy sent via email. The Company may provide a Dispute Notice to the email address associated with the user's account and any other address provided by the user. Any party that commences arbitration without first complying with this section may be required by the arbitrator to dismiss or stay the arbitration until the requirements of this section have been satisfied.
Mandatory Arbitration. If the parties are unable to resolve the dispute through the informal dispute resolution process, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, any ElevatorApp mobile application or other software provided by Jaka LLC, the services provided by the Company, any transaction between the parties, or the relationship of the parties, whether arising in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, "Disputes"), shall be resolved exclusively by final and binding arbitration.
The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules then in effect, except as modified by this Agreement. The arbitration shall be conducted before a single neutral arbitrator. The arbitration may be conducted in person, by video conference, by telephone, or through written submissions, as determined by the arbitrator consistent with the AAA Consumer Arbitration Rules.
The arbitration shall take place in Hillsborough County, Florida, unless the parties mutually agree to another location or manner of appearance. The arbitrator shall apply the substantive law of the State of Florida and applicable federal law.
Except for Non-Dispute Resolution Claims (as defined below), the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, formation, or scope of this arbitration provision, including any claim that all or any part of this arbitration provision is void, voidable, unconscionable, or otherwise invalid. The arbitrator may award any remedy available in a court of competent jurisdiction, except that any relief must be limited to the individual claimant and may not affect other users.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OF DIFFERENT PERSONS OR ENTITIES OR TO PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR LITIGATION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE RELATIONSHIP OF THE PARTIES.
Exceptions. Nothing in this section shall prohibit ElevatorApp from seeking temporary, preliminary, or permanent injunctive relief in a state or federal court located in Hillsborough County, Florida, to protect intellectual property rights, confidential information, trade secrets, or other rights for which equitable relief is appropriate, or in connection with the misuse of ElevatorApp software, code or the Website (“Non-Dispute Resolution Claims”). ElevatorApp shall be entitled to combine any claims that would otherwise qualify as Disputes with any lawsuit filed for Non-Dispute Resolution Claims.
Governing Law. This arbitration provision shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. §§ 1-16. To the extent Florida law is not preempted by federal law, Florida law shall also apply.
Severability. If any provision of this arbitration section is determined to be invalid or unenforceable, that provision shall be severed and the remainder of this section shall remain in full force and effect. If the class action waiver is determined to be unenforceable as to any particular claim, then that claim shall be litigated in a court of competent jurisdiction and not arbitrated, while all remaining claims shall remain subject to arbitration.
Fee Shifting. In any action for Non-Dispute Resolution Claims, ElevatorApp, if it prevails on a majority of its claims, shall be entitled to recover all court costs and expenses, including reasonable attorneys’ fees, witness fees, costs and expenses, examination fees, costs and expenses, and collection fees, costs and expenses.
BY ACCEPTING THESE TERMS, EACH PARTY ACKNOWLEDGES THAT IT IS WAIVING THE RIGHT TO SUE IN COURT, WAIVING THE RIGHT TO A JURY TRIAL, AND WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE ACTION.
21. Changes to These Terms
ElevatorApp may update these Terms and any Service specific Terms of Service from time to time. Changes apply going forward and may be communicated by reasonable means, such as posting on the Website or notice in the app. Changes do not alter a request already accepted, a Job already selected, a claim that has already arisen, or a software term already paid for, except where the law requires. Your continued use of the Website or the Services after a change takes effect constitutes your acceptance of the then-current Terms and any Service specific Terms of Service.
22. Severability
If any provision of these Terms or any Service specific Terms of Service 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 any Service specific Terms of Service, the ElevatorApp Software License Agreement, 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. Neither these Terms nor any Service specific Terms of Service create any third-party beneficiary rights, except that Jaka LLC’s officers, members, employees, and contractors may rely on the disclaimers, limitations of liability, and indemnities in these Terms. Provisions that by their nature should survive, including accrued payment obligations, intellectual property restrictions, indemnification, limitations of liability, and dispute resolution, survive any termination.
24. Contact
Questions about these Terms and any Service specific Terms of Service, and formal notices to Jaka LLC, may be sent to info@elevatorapp.com or to Jaka LLC, 110 Athens St, Tarpon Springs, FL 34689.
25. Acknowledgment
By using the ElevatorApp Website or any Services, you acknowledge that You have read and understood these Terms and any Service specific Terms of Service; 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 Our advisory 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 Terms of Service. You also agree to the individual arbitration, class action waiver, and jury trial waiver in Section 20 and the limitation of liability in Section 17.
Version GTC-2.1. Effective date: November 1, 2026.
Acknowledgment and Terms of Service
By requesting Modernization Proposal 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, the Global Terms and Conditions control.
1. Scope of Services
I understand that ElevatorApp is providing an independent, informational review of one or more elevator modernization proposals that I submit. The review may include:
- A plain-language explanation of what a proposal appears to include and exclude;
- ElevatorApp’s opinion on whether the pricing appears reasonable relative to ElevatorApp’s general industry experience; and
- ElevatorApp’s opinion identifying scope, terms, or pricing that, in ElevatorApp’s opinion, appear unfavorable, unusual, or incomplete for me as the customer.
The review is based solely on the proposal or proposals and other information I provide, and on ElevatorApp’s general industry experience. It is an informational business opinion only. ElevatorApp does not perform elevator modernization, maintenance, repairs, inspections, testing, engineering, or code-compliance work of any kind.
2. No Site Visit; No Equipment Inspection
I understand and acknowledge that ElevatorApp has NOT visited my property and has NOT seen, inspected, tested, surveyed, or evaluated my elevator equipment, and will NOT do so as part of this service. ElevatorApp’s review is based only on the documents and information I provide.
Because ElevatorApp has not seen my equipment, ElevatorApp cannot and does not assess or verify the actual condition, age, configuration, code status, or modernization needs of my elevator equipment. Any opinion ElevatorApp provides is limited to the contents of the proposals and information I submit, and may be incomplete or inaccurate if that information does not reflect the true condition or requirements of my equipment.
3. Nature of the Review; Not Advice
I understand and agree that the review is:
- NOT engineering, design, or technical advice;
- NOT a determination of what my equipment requires or of the correct or complete scope of modernization work;
- NOT a recommendation of whether I should modernize, or which proposal or contractor I should select, as an engineering, safety, or investment matter;
- NOT legal advice; and
- NOT an inspection, test, or safety determination.
ElevatorApp is not my engineer, attorney, or licensed elevator professional, and no such relationship is created by my use of this service.
4. Opinion Only; Not Exhaustive
I understand that any identification of scope, pricing, or a term as “unfavorable,” “incomplete,” “unusual,” or similar reflects ElevatorApp’s subjective opinion based on general industry experience and on the limited information I provide, and is not a legal or engineering conclusion. Reasonable professionals may disagree.
I further understand that the review is not exhaustive. ElevatorApp may not identify every omission, gap, risk, or unfavorable term in a proposal. The absence of any comment on a proposal or provision is not an assurance that it is complete, appropriate for my equipment, favorable, or in my best interest.
5. No Guarantee
I understand that ElevatorApp does not guarantee:
- The accuracy, completeness, or correctness of the review;
- That any proposal’s scope is complete, correct, or appropriate for my actual equipment;
- That any modernization will resolve any problem, or improve safety, reliability, performance, or code compliance;
- Any outcome, cost savings, or investment result; or
- That any contractor will honor its proposed pricing, scope, or schedule.
6. Reliance on Customer-Provided Information
I understand that ElevatorApp relies entirely on the documents and information I provide, including the modernization proposals and any related materials. I am responsible for ensuring that the information I submit is complete, accurate, and current. ElevatorApp has no duty to independently obtain, verify, inspect, or audit any proposal, my equipment, or any statement made by a contractor, and is not responsible for any error in the review that results from incomplete, inaccurate, or outdated information I provide, or from conditions at my property that ElevatorApp has not seen.
7. Not a Party to Any Proposal or Contract
I understand that ElevatorApp is not a party to, and has no obligations under, any modernization proposal or any agreement between me and any elevator service provider. ElevatorApp does not negotiate, enforce, administer, or modify any proposal or contract, and does not contact any provider as part of this service unless I separately request and authorize a different service. Any dispute regarding a proposal, contract, or work is solely between me and the elevator service provider.
8. My Decisions and Responsibility
I understand that elevator modernization is a significant capital decision, and I agree that all decisions to proceed with modernization, to select any proposal or contractor, to sign any agreement, or to make any payment are mine alone. 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.
9. Recommendation to Seek Professional and On-Site Review
Because ElevatorApp has not seen my equipment, ElevatorApp strongly recommends that I engage a licensed or qualified elevator professional or engineer to evaluate my equipment on-site, and that I review any modernization proposal and any decision based on this review with that professional, with my own legal counsel, and, where appropriate, with the authority having jurisdiction (AHJ), before committing to any modernization or signing any agreement. I understand it is my responsibility to obtain such review.
10. 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.
11. 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. Message frequency varies. I may opt out of text messages at any time by replying STOP, and reply HELP for help. Opting out of texts does not cancel my request or any payment obligation. These texts are operational and are not marketing. I acknowledge that my use of the service is also subject to the ElevatorApp Privacy Policy, and I agree to review it separately.
12. Fees
I agree to pay the Modernization Proposal 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, or my decision to act on the review. The fee is nonrefundable once I have paid and submitted my materials. If applicable law requires a refund, the refund is reduced by the payment processing fees ElevatorApp paid, to the extent the law allows. The scope, deliverable, and expected delivery time shown when I request the service apply. ElevatorApp may add or change fees at its discretion. The fee disclosed to me at the time I request the service governs that request.
13. 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.
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 submit the proposals 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.
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 Modernization Proposal 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.
17. Limitation of Liability
To the maximum extent permitted by applicable law, ElevatorApp’s total aggregate liability arising out of or relating to a Modernization Proposal 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, any modernization work, 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
I agree to indemnify, defend, and hold harmless the parties identified in Section 18 of the ElevatorApp Global Terms and Conditions on the terms stated there. That section is incorporated into these Terms and applies to this service.
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. Disputes are subject to the mandatory arbitration, class action waiver, and jury trial waiver in Section 20 of the Global Terms and Conditions, which apply to this service. For any matter that proceeds in court, I agree that any legal action or proceeding arising out of or relating to these Terms or the Modernization Proposal Review service shall be brought exclusively in the state or federal courts located in Hillsborough County, 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 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.
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 and the Privacy Policy, constitute the entire agreement between me and ElevatorApp regarding the Modernization Proposal 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.
24. Survival
The following provisions (among others that by their nature should survive) shall survive completion of the Modernization Proposal Review service and any termination of this agreement: Scope of Services; No Site Visit / No Equipment Inspection; Nature of the Review; Opinion Only; No Guarantee; Reliance on Customer-Provided Information; Not a Party to Any Proposal or Contract; 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 and the Privacy Policy also apply to this service, and agreed to them;
- Agreed to the individual arbitration, class action waiver, jury trial waiver, and limitation of liability in the Global Terms and Conditions.
- Confirmed that I am using this service for a business or property purpose, on behalf of an owner, association, management company, or other organization, and not for personal, family, or household use.
- Requested a Modernization Proposal Review of my own free will;
- Understood that ElevatorApp has not visited my property or seen my equipment, and that the review is based only on the information I provide;
- Understood that the review is an informational opinion only and is not legal, engineering, or code-compliance advice;
- Understood that the review is not exhaustive and that ElevatorApp does not guarantee any result;
- Understood that ElevatorApp recommends an on-site evaluation by a licensed elevator professional and review by my own counsel before I commit to modernization;
- Agreed to the applicable Modernization Proposal Review Fee and refund policy; and
- Represented that I have the authority described in Section 14.
Version MPR-1.3. Effective date: November 1, 2026.