By requesting service through Maintenance on Demand (“MoD”), a service of ElevatorApp operated by Jaka LLC, 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 MoD, these Terms control for MoD.
In these Terms, “I,” “me,” “my,” and “Building” refer to the building owner, property manager, association, or other party requesting service. “ESP” means an independent Elevator Service Provider that participates on the MoD platform. “ElevatorApp,” “MoD,” “we,” “us,” and “our” refer to Jaka LLC and its affiliates.
1. What Maintenance on Demand Is
MoD is a technology platform that connects buildings that need elevator service with independent, licensed elevator service providers, and facilitates the request, communication, documentation, and payment for that service call.
ElevatorApp is not an elevator contractor. ElevatorApp does not:
- Perform elevator maintenance, repair, inspection, testing, modernization, or installation;
- Employ elevator mechanics;
- Subcontract elevator work;
- Direct, supervise, or control how any ESP performs its work; or
- Assume responsibility for the safety, operation, or code compliance of any elevator, escalator, or lifting device at my property.
All such responsibility remains with me as the property owner or manager and with any ESP I choose to engage.
I understand that during MoD’s early phase, some steps that will later be automated may be performed manually by ElevatorApp personnel. These Terms apply either way.
2. Independent Elevator Service Providers
I understand that all ESPs are independent businesses and are not employees, agents, partners, joint venturers, or representatives of ElevatorApp or Jaka LLC or any of its affiliates.
Each ESP is solely responsible for its own employees and subcontractors, licensing, insurance, safety practices, workmanship, technical judgment, pricing, scheduling, dispatch, repair recommendations, parts sourcing, any warranty it chooses to offer, and the performance of any services.
Any contract for elevator services is solely between me and the ESP. ElevatorApp is not a party to that contract.
3. What MoD Collects and What MoD Does Not Verify
I understand that MoD collects certain documentation from ESPs, which may include a state elevator contractor license, license number and expiration date, and a certificate of insurance showing coverage types and limits, and makes that information available to me before I choose a provider so that I can decide for myself whether that provider is acceptable.
I understand that this is a records check only. MoD does not:
- Verify licenses or insurance with any issuing authority, state agency, or insurer;
- Set, require, or evaluate minimum insurance limits, and does not represent that any provider’s coverage is adequate for my property or my requirements;
- Warrant that any license or insurance policy is current, in force, or will remain so;
- Investigate or evaluate an ESP’s qualifications, competence, financial condition, safety record, or reputation;
- Verify the technical correctness, quality, or code compliance of any elevator work performed; or
- Recommend, endorse, certify, or guarantee any ESP.
I understand that there is no practical way for MoD to determine whether elevator work has been performed correctly. MoD’s role regarding completed work is limited to collecting and organizing the documentation, photographs, timestamps, and reports the ESP submits. MoD documents work. It does not verify workmanship.
It is my responsibility to review the information provided, conduct my own due diligence, and decide whether a provider’s licensing and insurance are acceptable for my property before selecting that provider.
4. Eligibility, Authority, and Account
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 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.
- The information I provide, including my identity, contact information, property address, and payment information, is accurate and complete.
I am responsible for maintaining the confidentiality of my account credentials and for all activity under my account.
5. Accurate Information and Site Access
MoD, and any ESP responding to my request, rely entirely on the information I provide. I am responsible for providing accurate and complete information about the property address and equipment identification, the nature of the problem, building access instructions and security requirements, parking, and my on-site contact.
I am responsible for ensuring that the ESP can access the property, the equipment, the machine room, and any other required areas at the scheduled time.
6. Choosing a Provider
MoD does not guarantee that any ESP will accept my request, that a technician will be dispatched or arrive within any particular timeframe, that any repair will be completed, that my elevator will be restored to service, that parts are available, or that the ESP can diagnose or resolve my problem.
If no ESP accepts my request within the period stated on the platform, MoD may attempt to locate a provider manually and will notify me of the status. MoD has no obligation to locate any provider.
Before I select a provider, MoD may display provider information including licensing and insurance documentation, years in business, ratings, an estimated price range, and estimated availability. Estimated price ranges and arrival estimates are estimates only. They are not offers, quotes, or guarantees.
7. Payment Method on File, Authorization Hold, and Authorization to Charge
To request service, I must provide a valid credit card or other accepted payment method. My payment method is stored securely by MoD’s third-party payment processor. It is not charged and no hold is placed at the time I submit my request.
Authorization hold. Before a technician is dispatched, an authorization hold in the estimated amount of my request is placed on my payment method:
- For same-day and near-term requests, when an ESP accepts my request; and
- For work scheduled further in advance, approximately two (2) days before the scheduled arrival.
I understand that an authorization hold is a temporary reservation of available credit on my own payment method. It may appear as a pending item on my statement. It is not a charge, and no funds are transferred to or held by ElevatorApp. If my request is cancelled at no charge under Section 15, or if the hold is not converted, the hold is released and my bank returns the reserved amount according to its own timing.
Conversion to a charge. When the ESP completes the service call and submits its completion documentation, the authorization hold converts into a charge in the final amount. If the final amount is less than the amount held, only the final amount is charged. Any authorized additional work that exceeds the amount held may be charged separately to my stored payment method.
I authorize ElevatorApp and its payment processor to place authorization holds on, and to charge, my stored payment method, without further action by me, as follows:
- When charged: after the ESP completes the service call and submits its completion documentation through the platform, or when a cancellation or inaccessible-property charge becomes due under Sections 15 and 16.
- How the amount is determined: the ESP’s amount for the service call performed, plus any additional work I authorize under Section 11, plus the payment processing fee and the MoD platform fee disclosed to me before I submit my request.
- Frequency: on a per-request basis. This is not a subscription or a recurring charge.
- Cancellation: I may remove my payment method or stop using MoD at any time, subject to Section 15 and to any amount already owed.
I will receive an itemized receipt each time my payment method is charged.
If the hold cannot be placed. If my payment method is declined, expired, or otherwise fails when a hold is attempted, MoD will notify me and request an alternative payment method. If I do not provide a working payment method before the scheduled arrival, my request may be cancelled and no technician will be dispatched. I understand this protects both me and the provider from work being performed without a valid means of payment.
ElevatorApp does not hold funds. ElevatorApp is not a bank, escrow agent, or fiduciary, and holds nothing in trust for me or for any ESP. Payment card information is handled by a third-party payment processor whose own terms and privacy practices apply to my use of it.
8. Fees
The total charged to me consists of the ESP’s amount for the work performed, a payment processing fee, and a MoD platform fee. The applicable fees are disclosed to me before I submit my request. Fee amounts may change from time to time; the amounts disclosed at the time I submit a request govern that request.
9. The Service Call
I understand that a service call is an initial call. It includes the on-site diagnostic and repair time stated on the platform at the time I submit my request.
Work may not be completed during that call if the information I provided was inaccurate or incomplete, if parts are required, if the issue is more complex than described, or if additional time is required.
10. Authorization of Work Is Mine
This section is central to how MoD works.
I understand and agree that:
- I am the party authorizing elevator work at my property. No work beyond the initial service call is performed unless I authorize it.
- When I authorize work, I am doing so on my own judgment, having had the opportunity to review the ESP’s description, photographs, and price.
- Once I authorize work and the ESP performs it, I owe payment for that work. I do not have a right to withhold payment because I later reconsider the decision to authorize it.
- Declining or deferring recommended work is my decision and my responsibility. Neither ElevatorApp nor MoD assumes any responsibility for the consequences of work I decline, defer, or fail to authorize, including equipment condition, downtime, code violations, failed inspections, or injury.
- I may seek additional quotes or a second opinion from any source before authorizing work. MoD does not restrict that.
11. Additional Work Identified During the Visit
If the ESP identifies work beyond the service call that can be completed during the same visit without ordering parts, the ESP will document the issue and submit a price through the platform. I may authorize it, decline it, or decline for now.
Any additional work I authorize is added to the amount charged to my payment method under Section 7.
The technician is not required to wait on site indefinitely while I decide. If I do not respond within the wait period shown on the platform, the technician may leave, and any further work will need to be scheduled separately.
12. Parts and Return-Visit Work Are Not Handled Through MoD
If the work requires ordering parts or a return visit, that work is not performed or paid for through MoD.
I understand that:
- The ESP will quote that work to me directly, and any agreement for it is solely between me and the ESP, on whatever payment, deposit, scheduling, and warranty terms we agree.
- MoD does not collect payment for that work, does not hold any deposit, does not set or review its price, does not manage its schedule, and has no involvement in it.
- MoD has no responsibility whatsoever for parts or return-visit work, including pricing, supply chain and delivery delays, workmanship, timelines, deposits, refunds, or any dispute arising from it.
- Any dispute regarding that work is solely between me and the ESP.
Section 19 does not prevent me from contracting directly with an ESP for parts or return-visit work identified during a MoD service call. That is the expected path for such work.
13. Completion, Receipt, and Raising an Issue
When the ESP completes the service call, the ESP checks out through the platform and submits completion documentation, which may include photographs, a summary of work performed, recommendations, and the resulting equipment status.
The authorization hold on my payment method then converts into a charge automatically, and I receive an itemized receipt. There is no separate approval step. This is comparable to how on-demand service platforms charge a stored payment method when a service is completed.
If I believe there is a problem with the work, the documentation, or the amount charged, I may raise the issue through the platform within the window stated in my receipt. Raising an issue does not reverse or suspend the charge. MoD will route the issue to the ESP, and any resolution is between me and the ESP as described in Section 25.
I understand that the ESP’s completion documentation is a record of what the ESP reported. It is not a certification by MoD that the work was performed correctly, safely, or in compliance with any code.
14. No Refunds Through MoD
MoD does not issue refunds for completed service calls. Once an ESP has arrived and performed the service call, and once I have authorized any additional work that was performed, the amount is earned by the ESP and payable.
Nothing in this Section limits any right I have under applicable law or any claim I may have directly against the ESP.
15. Cancellation and Rescheduling
More than 24 hours before the scheduled arrival. I may cancel a scheduled service call at no charge.
Within 24 hours of the scheduled arrival, and for any same-day or on-demand request once an ESP has accepted it. I may not cancel without charge. The ESP has committed time and resources to my request, and I will be charged the service call amount.
Rescheduling instead of cancelling. Within that same 24-hour window, I may request to reschedule through the platform. If the ESP can accommodate the new date and time, the reschedule is at no charge. If the ESP cannot accommodate it, I must make other arrangements or pay the service call amount.
Exception. Genuine emergencies and events beyond reasonable control, including natural disasters, may be handled case by case at MoD’s sole discretion. This is an accommodation and not an entitlement.
16. Inaccessible Property
If the ESP arrives and cannot access the property or the equipment, whether because of a locked area, a tenant issue, an incorrect address, missing access instructions, absence of my on-site contact, or any other reason within my control, I will be charged the service call amount. The ESP is required to document its good faith access attempt through the platform with photographs, timestamps, and contact records.
17. Failed Charges and Chargebacks
If a hold cannot be placed before dispatch, Section 7 applies and my request may be cancelled.
If work has been performed and my stored payment method is declined, expired, or otherwise fails, I remain responsible for the full amount owed. I agree to provide an alternative payment method promptly on request. MoD may retry the charge, may suspend my access pending payment, and may pursue collection of amounts owed, including reasonable costs of collection where permitted by law.
I agree not to initiate a chargeback or payment dispute for any charge authorized under these Terms, and to raise any concern through the platform first. This does not waive any right I have under applicable law.
18. No Warranty Required or Provided
MoD does not require ESPs to provide any warranty, and MoD provides no warranty on any work.
Any warranty on work performed is whatever the ESP offers or whatever the ESP and I agree between ourselves. I am responsible for asking about warranty terms before authorizing work. ElevatorApp and MoD are not a warrantor, do not guarantee any warranty offered by an ESP, and have no obligation if an ESP fails or refuses to honor one or ceases doing business.
19. MoD Service Calls Go Through the Platform
An ESP matched to my property through MoD may not perform a MoD service call at my building without a job order issued through the platform.
I agree not to solicit or engage an ESP introduced to me through MoD, outside the platform, for the purpose of avoiding platform fees. This does not restrict:
- My relationship with any provider I already had a relationship with before using MoD;
- My engaging any provider I choose for work unrelated to a MoD service call; or
- My contracting directly with an ESP for parts or return-visit work as described in Section 12.
20. Communications
I authorize ElevatorApp and MoD to contact me by phone, email, and, if I provide a mobile number, by text message (SMS) regarding my requests, provider status, arrival notifications, authorizations, completion, receipts, and payment. Standard message and data rates may apply. I may opt out of non-essential communications as permitted by law.
Communication between me and the ESP may be routed through masked telephone numbers and the platform, and may be logged and retained as part of the job record.
21. Documentation, Records, and My Compliance Obligations
Job data, which may include service dates and times, provider name, work performed, photographs, technician notes and recommendations, and a job identifier, is recorded by the platform and may be transferred into ElevatorApp for tracking, reporting, and maintenance recordkeeping.
This documentation is a record of what the ESP reported and submitted. It is not a verification of the accuracy or completeness of that report and is not a determination of code compliance.
I remain solely responsible for my own compliance obligations, including any Maintenance Control Program, code-required testing, inspections, recordkeeping, and any obligation to the authority having jurisdiction. Use of MoD does not satisfy, transfer, or discharge any of those obligations, and ElevatorApp does not warrant that any record generated through the platform will be accepted by any inspector or authority.
22. Reviews and Ratings
I may be invited to rate and review an ESP. I agree that my reviews will be truthful, will reflect my actual experience, and will not be defamatory, harassing, or unlawful. I grant ElevatorApp a non-exclusive, royalty-free, perpetual license to use, display, and distribute my reviews in connection with the platform. Reviews are subject to moderation and removal at MoD’s discretion, and ElevatorApp does not warrant the accuracy of any review or rating displayed.
ESPs may also be permitted to rate my property on criteria such as site access and responsiveness.
23. Compliance With Laws and Building Responsibilities
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 have to occupants, tenants, and visitors regarding elevator operation and safety; and obtaining any required permits, notifications, or filings.
ElevatorApp does not provide legal, regulatory, engineering, or code-compliance advice and does not assume any duty to monitor or enforce compliance with such requirements.
24. Emergency and Life-Safety Disclaimer
MoD 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 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.
25. Disputes With Providers
Any dispute regarding services performed or not performed, workmanship, amounts, recommendations, damage, delay, warranty, or conduct must be resolved directly between me and the ESP. ElevatorApp is not responsible for mediating, arbitrating, or resolving any such dispute.
MoD may, at its sole discretion and with no obligation to do so, provide job records, timestamps, photographs, or documentation to assist the parties. Doing so in one instance creates no obligation to do so in any other.
26. Disclaimer of Warranties
To the maximum extent permitted by applicable law, MoD and all services provided through it are offered on an “AS IS” and “AS AVAILABLE” basis.
ElevatorApp disclaims all warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ElevatorApp does not warrant that MoD will meet my requirements, achieve any particular result, or be uninterrupted, timely, secure, or error-free.
27. Limitation of Liability
To the maximum extent permitted by applicable law, the total aggregate liability of Jaka LLC and ElevatorApp arising out of or relating to a particular MoD service call shall not exceed the MoD platform fee paid by me for that service call.
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 code violations;
- Failed inspections;
- Property damage or bodily injury arising from work performed by an ESP;
- Equipment breakdown, downtime, or loss of use;
- Delays or missed deadlines, including parts and supply chain delays;
- Any matter arising from parts or return-visit work contracted directly with an ESP under Section 12; or
- The insolvency, deactivation, or cessation of business of any ESP,
arising out of or related to MoD, my use of it, my decisions, the condition or operation of my equipment, or the acts or omissions of any ESP 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.
28. 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 MoD;
- Any elevator work performed or not performed at my property, including work contracted directly with an ESP;
- My engagement with any ESP;
- Any inaccuracy in the information I provide;
- The condition or operation of my equipment;
- Any decision I make or fail to make, including authorizing or declining work;
- My breach of these Terms; or
- My violation of any applicable law or regulation,
except to the extent caused by ElevatorApp’s willful misconduct.
29. Suspension and Termination
I may stop using MoD at any time. ElevatorApp may suspend or terminate my access at any time, with or without notice, including for non-payment, misuse of the platform, inaccurate information, abusive conduct, or violation of these Terms. Termination does not relieve me of payment obligations for work already requested, authorized, or performed.
30. Force Majeure
ElevatorApp shall not be liable for any delay or failure to perform its obligations under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, severe weather, pandemics, labor disputes, power or telecommunications failures, acts of government, war, terrorism, supply chain disruption, or the unavailability of third-party services or networks.
31. 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 MoD 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.
32. Changes to Terms
ElevatorApp may update these Terms from time to time. The version in effect at the time I submit a request 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 MoD after updated Terms are presented will constitute my acceptance of those changes, to the extent permitted by law.
33. Severability; Entire Agreement; No Third-Party Beneficiaries; Assignment
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.
These Terms, together with the ElevatorApp Global Terms and Conditions and the Privacy Policy, constitute the entire agreement between me and ElevatorApp regarding MoD and supersede all prior or contemporaneous understandings, whether written or oral, relating to MoD. These Terms do not create any third-party beneficiary rights, except as expressly stated. I may not assign these Terms without ElevatorApp’s written consent. ElevatorApp may assign these Terms in connection with a merger, acquisition, or sale of assets.
34. Survival
The following provisions (among others that by their nature should survive) shall survive completion of any service call and any termination of this agreement: What Maintenance on Demand Is, Independent Elevator Service Providers, What MoD Collects and What MoD Does Not Verify, Payment Method on File, Authorization Hold, and Authorization to Charge, Authorization of Work Is Mine, Parts and Return-Visit Work Are Not Handled Through MoD, No Refunds Through MoD, Failed Charges and Chargebacks, No Warranty Required or Provided, Documentation, Records, and My Compliance Obligations, Compliance With Laws and Building Responsibilities, Disputes With Providers, Disclaimer of Warranties, Limitation of Liability, Indemnification / Hold Harmless, Governing Law, Jurisdiction and Venue, and Survival.
35. Building Acknowledgment
By checking the box below and submitting my request, I acknowledge that I have:
- Read and understood these Terms.
- Understood that the ElevatorApp Global Terms and Conditions also apply to MoD, and agreed to them.
- Understood that ElevatorApp is a technology platform and not an elevator contractor, and that all elevator work is performed by independent providers.
- Understood that MoD collects provider documentation and shows it to me so that I can decide, and that MoD does not verify it, set insurance requirements, endorse any provider, or verify the quality or correctness of any work.
- Authorized ElevatorApp and its payment processor to store my payment method, to place an authorization hold before a technician is dispatched, and to convert that hold into a charge automatically when the service call is completed, in the amount and manner described in Section 7, without a further approval step.
- Understood that an authorization hold is a temporary reservation on my own payment method, is not a charge, and does not transfer funds to ElevatorApp.
- Understood that if a valid payment method is not available when a hold is attempted, my request may be cancelled and no technician will be dispatched.
- Understood that I am the party authorizing elevator work, and that once I authorize work and it is performed, I owe payment for it.
- Understood that parts and return-visit work are contracted directly with the provider and are outside MoD entirely.
- Understood the cancellation policy, including that within 24 hours of scheduled arrival I may reschedule but not cancel without charge, and that I will be charged if the provider cannot access my property.
- Understood that MoD requires no warranty and provides none.
- Understood that I remain solely responsible for my own code compliance, Maintenance Control Program, inspections, and recordkeeping.
- Represented that I have the authority described in Section 4.