By requesting Equipment Audit 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 a remote, informational equipment audit based solely on photographs, images, video, documents, and data that I provide about my elevator equipment. The audit may include:
- A plain-language summary of what the materials I provide appear to show about my equipment (for example, apparent type, apparent components, and visible indicators of age or condition); and
- ElevatorApp’s observations and opinions based only on those materials.
The audit is based solely on the materials and information 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.
2. Remote, Visual Review Only; No Site Visit
I understand and acknowledge that this audit is conducted STRICTLY REMOTELY. ElevatorApp has NOT visited my property and has NOT physically seen, inspected, tested, operated, surveyed, or evaluated my elevator equipment, and will NOT do so as part of this service.
The audit is based only on the images, video, documents, and data I choose to share with ElevatorApp. ElevatorApp can only observe and comment on what is actually visible in the materials I provide. ElevatorApp cannot and does not observe, verify, or assess any equipment, component, or condition that is not clearly shown in those materials.
3. Limited by the Materials I Provide
I understand that the audit is only as complete and accurate as the materials I provide. Photographs or video that are blurry, poorly lit, incomplete, mislabeled, out of date, or unrepresentative will limit the audit. Any component, area, or condition that is not captured, is obstructed, or is internal, concealed, or otherwise not visible cannot be assessed by ElevatorApp. I am responsible for the accuracy, completeness, and authenticity of the materials I submit, including that they actually depict the equipment and property I am asking about.
4. Not an Inspection, Test, or Certification
I understand and agree that this audit is NOT, and does not replace, any of the following:
- A regulatory, code, or jurisdictional elevator inspection;
- A safety inspection, safety determination, or safety certification;
- An engineering assessment or evaluation; or
- A determination of code compliance, fitness for use, or operability.
This audit does not satisfy, and must not be relied upon to satisfy, any legal, code, insurance, or jurisdictional inspection or certification requirement. I remain responsible for obtaining any required inspections from properly licensed or authorized parties.
5. Nature of the Audit; Not Advice
I understand and agree that the audit is NOT engineering or technical advice, NOT legal advice, and NOT a safety determination. ElevatorApp is not my engineer, attorney, or licensed elevator professional or inspector, and no such relationship is created by my use of this service.
6. Opinion Only; Not Exhaustive
I understand that any observation or characterization ElevatorApp provides reflects ElevatorApp’s subjective opinion based on general industry experience and on the limited materials I provide, and is not a legal or engineering conclusion. Reasonable professionals may disagree.
I further understand that the audit is not exhaustive. ElevatorApp may not identify every deficiency, hazard, defect, missing component, or issue with my equipment. The absence of any comment is not an assurance that a component or condition is present, absent, safe, functional, compliant, or in good condition.
7. No Guarantee
I understand that ElevatorApp does not guarantee:
- The accuracy, completeness, or correctness of the audit;
- That the materials I provide reflect the true, current, or complete condition of my equipment;
- That my equipment is safe, functional, operable, or code-compliant;
- That the audit identifies all defects, deficiencies, hazards, or needed repairs; or
- Any particular outcome, result, or savings.
8. Reliance on Customer-Provided Materials
I understand that ElevatorApp relies entirely on the materials and information I provide. ElevatorApp has no duty to independently obtain, verify, inspect, or audit my equipment, my property, or any material I submit, and is not responsible for any error in the audit that results from incomplete, inaccurate, outdated, mislabeled, or unrepresentative materials, or from conditions that ElevatorApp has not seen.
9. My Decisions and Responsibility
I understand and agree that all decisions I make in reliance on the audit, including any decision regarding maintenance, repair, modernization, use, or removal from service of my equipment, 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.
10. Recommendation to Seek On-Site Professional Inspection
Because this audit is remote and based only on materials I provide, ElevatorApp strongly recommends that I engage a licensed or qualified elevator professional or inspector to inspect my equipment on-site, and that I consult the appropriate authorities (including the authority having jurisdiction, or AHJ) regarding code and safety compliance, before relying on this audit for any decision. I understand it is my responsibility to obtain such inspection and review.
11. 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.
12. Communications
I authorize ElevatorApp to contact me by phone, email, and, if I provide a mobile number, by text message (SMS) regarding my audit request and the delivery of my audit. 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.
13. Fees
I agree to pay the Equipment Audit Fee disclosed to me at the time I request the service. The fee is earned for performing the audit and is not contingent upon any result, finding, or my decision to act on the audit. Unless otherwise required by applicable law or expressly stated in writing by ElevatorApp, the fee is non-refundable once ElevatorApp has begun the audit.
14. Completion of Services
I understand that ElevatorApp’s services are complete when it delivers its audit or opinion to me. No additional obligations are assumed by ElevatorApp after that point unless separately agreed in a signed writing.
15. 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 materials and property information involved, and to request this audit;
- The materials I submit are ones I am permitted to share and that they depict the equipment and property 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 or my materials.
16. 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.
17. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Equipment Audit 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.
18. Limitation of Liability
To the maximum extent permitted by applicable law, ElevatorApp’s total aggregate liability arising out of or relating to an Equipment Audit provided for a particular request shall not exceed the total fee I paid to ElevatorApp for that specific audit. 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.
19. 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 Equipment Audit service;
- Any decision I make or action I take or fail to take based on the audit;
- The condition, operation, or safety of my equipment;
- Any inaccuracy or incompleteness in the materials or 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.
20. 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.
21. 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 Equipment Audit 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.
22. Changes to Terms
ElevatorApp may update these Terms from time to time. The version in effect at the time I submit an audit 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.
23. 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.
24. 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 Equipment Audit 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.
25. Survival
The following provisions (among others that by their nature should survive) shall survive completion of the Equipment Audit service and any termination of this agreement: Scope of Services; Remote, Visual Review Only; Limited by the Materials I Provide; Not an Inspection, Test, or Certification; Nature of the Audit; Opinion Only; No Guarantee; Reliance on Customer-Provided Materials; My Decisions and Responsibility; Compliance With Laws; Disclaimer of Warranties; Limitation of Liability; Indemnification / Hold Harmless; Governing Law, Jurisdiction and Venue; and Survival.
26. 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 Equipment Audit of my own free will;
- Understood that the audit is remote only, that ElevatorApp has not visited my property or physically seen my equipment, and that the audit is based only on the materials I provide;
- Understood that the audit is strictly a visual review of what I share and cannot assess anything not visible in those materials;
- Understood that the audit is not a code, safety, or jurisdictional inspection or certification and does not satisfy any inspection requirement;
- Understood that the audit is an informational opinion only, is not exhaustive, and that ElevatorApp does not guarantee any result;
- Understood that ElevatorApp recommends an on-site inspection by a licensed elevator professional before I rely on the audit;
- Agreed to the applicable Equipment Audit Fee and refund policy; and
- Represented that I have the authority described in Section 15.