By requesting the Inspection Help 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 Inspection Help service provides general, informational assistance to help me understand a failed elevator inspection or violation notice that I provide, and to discuss, in general terms, the kinds of steps commonly taken to work toward correcting such items. The service is informational only. ElevatorApp does not perform elevator maintenance, repairs, inspections, testing, corrections, engineering, or code-compliance work of any kind, and does not perform or re-perform any inspection.
2. Based on Information I Provide; No Site Visit
I understand and acknowledge that this help is based ONLY on the violation notice, documents, and information I provide. ElevatorApp has NOT visited my property and has NOT seen, inspected, tested, operated, or evaluated my elevator equipment or the conditions cited in the inspection, and will NOT do so as part of this service. Any guidance is limited to my description and documents, and may be incomplete or inaccurate if that information is incomplete, inaccurate, or does not reflect the true conditions.
3. The Authority Having Jurisdiction and Inspector Are the Authority
I understand and agree that only the authority having jurisdiction (AHJ) and the inspector who issued the violation have the authority to determine what the violation requires, what will correct it, and whether it has been corrected. ElevatorApp’s guidance is not binding on the AHJ or the inspector and does not represent their position. I understand that I must confirm the meaning of any violation, the required corrections, and the acceptance of any correction directly with my inspector and the AHJ.
4. Not Legal or Code Advice
I understand and agree that this help is:
- General and informational only;
- NOT legal advice;
- NOT engineering or technical advice;
- NOT an official or authoritative interpretation of any code, standard, or violation; and
- NOT an inspection, test, or determination of compliance.
ElevatorApp is not my attorney, engineer, licensed elevator professional, or inspector, and no such relationship is created by my use of this service.
5. Deadlines Are My Responsibility
I understand and agree that I am solely responsible for knowing, tracking, and meeting any deadline associated with my violation or inspection. ElevatorApp does not track, calendar, manage, or guarantee any deadline, and is NOT responsible if I miss a deadline, receive a penalty, fail a re-inspection, or suffer any consequence related to timing. Any time ElevatorApp spends assisting me does not extend, toll, or change any deadline set by the AHJ or inspector.
6. Correction Work Must Be Performed by a Licensed Professional
I understand that any actual correction of a violation must be performed by a licensed or qualified elevator service provider or other appropriately authorized party. ElevatorApp does not perform correction work and does not provide instructions, methods, or technical specifications for how to perform elevator work. It is my responsibility to engage a qualified party to perform any needed corrections.
7. Safety; Potentially Unsafe Equipment
I understand that a failed inspection or violation may indicate that my equipment is unsafe or should not be operated. ElevatorApp does not determine whether any equipment is safe to operate. If my equipment is or may be unsafe, or if I have been directed to remove it from service, I agree to follow the directives of the inspector and the AHJ, to remove the equipment from service as required, and to take all appropriate safety precautions. In any life-safety situation, I will call 911 or my local emergency number immediately.
8. Opinion Only; Not Exhaustive
I understand that any guidance reflects ElevatorApp’s subjective opinion based on general industry experience and on the limited information I provide, and is not a legal, engineering, or code conclusion. Reasonable professionals, and the AHJ or inspector, may hold a different view. I further understand that the help is not exhaustive and may not address every issue, requirement, or step relevant to my violation. The absence of any comment is not an assurance about that item.
9. No Guarantee
I understand that ElevatorApp does not guarantee:
- The accuracy, completeness, or correctness of the guidance;
- That following any guidance will correct the violation or pass a re-inspection;
- That any guidance will be accepted by, or satisfy, the inspector or the AHJ;
- That I will meet any deadline or avoid any penalty; or
- Any particular outcome or result.
10. Reliance on Customer-Provided Information
I understand that ElevatorApp relies entirely on the information and documents I provide. ElevatorApp has no duty to independently obtain, verify, inspect, or audit my equipment, my property, the inspection, or any information I provide, and is not responsible for any error in the guidance that results from incomplete, inaccurate, or outdated information I provide, or from conditions that ElevatorApp has not seen.
11. My Decisions and Responsibility
I understand and agree that all decisions I make in reliance on the guidance, including how and when I address any violation, 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.
12. Recommendation to Seek Professional and Authority Review
ElevatorApp strongly recommends that I confirm all violation details and required corrections with my inspector and the AHJ, engage a licensed or qualified elevator professional to evaluate and correct my equipment on-site, and consult my own attorney where appropriate, before relying on this help. I understand it is my responsibility to obtain such review.
13. 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.
14. Communications
I authorize ElevatorApp to contact me by phone, email, and, if I provide a mobile number, by text message (SMS) regarding my request and the delivery of my guidance. 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.
15. Fees
I agree to pay the Inspection Help fee disclosed to me at the time I request the service. The fee is earned for providing the help and is not contingent upon any result, correction, re-inspection outcome, or my ability to meet any deadline. Unless otherwise required by applicable law or expressly stated in writing by ElevatorApp, the fee is non-refundable once ElevatorApp has begun providing the service.
16. Completion of Services
I understand that ElevatorApp’s services are complete when it delivers its guidance to me. No additional obligations are assumed by ElevatorApp after that point unless separately agreed in a signed writing. ElevatorApp has no obligation to monitor my violation, my deadline, my corrections, or any re-inspection.
17. 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 and inspection involved; 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.
18. 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 correcting any violation and satisfying the AHJ; 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.
19. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Inspection Help 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.
20. Limitation of Liability
To the maximum extent permitted by applicable law, ElevatorApp’s total aggregate liability arising out of or relating to Inspection Help provided for a particular request shall not exceed the total fee I paid to ElevatorApp for that service. 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;
- Fines, penalties, citations, or costs arising from a violation, a missed deadline, or a failed re-inspection; or
- Business interruption or loss of use,
arising out of or related to the service, my use of the service, my decisions, the violation or its correction, or the acts or omissions of any elevator service provider, inspector, or authority, 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.
21. 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 Inspection Help service;
- Any decision I make or action I take or fail to take based on the guidance, including any missed deadline or failed re-inspection;
- The condition, operation, or safety of my equipment, or any violation;
- 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.
22. 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.
23. 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 Inspection Help 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.
24. 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.
25. 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.
26. 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 Inspection Help 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.
27. Survival
The following provisions (among others that by their nature should survive) shall survive completion of the Inspection Help service and any termination of this agreement: Scope of Services; Based on Information I Provide; The AHJ and Inspector Are the Authority; Not Legal or Code Advice; Deadlines Are My Responsibility; Safety; 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.
28. 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 Inspection Help of my own free will;
- Understood that ElevatorApp has not been on-site and that the help is based only on the information I provide;
- Understood that only my inspector and the AHJ can determine what my violation requires and whether it is corrected, and that I must confirm everything with them;
- Understood that the help is general and informational only and is not legal, engineering, or code advice, and is not an inspection;
- Understood that I am solely responsible for meeting any deadline, and that ElevatorApp is not responsible if I miss a deadline or fail a re-inspection;
- Understood that any correction work must be performed by a licensed or qualified party, and that ElevatorApp does not guarantee any outcome;
- Agreed to the applicable Inspection Help fee and refund policy; and
- Represented that I have the authority described in Section 17.