TERMS OF SERVICE
Last Updated Date: September 15, 2022
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. OCTOPUSAPP INC. D/B/A JOBBER (“JOBBER”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://GETJOBBER.COM/ (THE “WEBSITE”) AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME, AND THE JOBBER MOBILE APPLICATION MADE AVAILABLE BY JOBBER AND THROUGH THIRD-PARTY MARKETPLACES (THE “APP”). THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME, THESE “TERMS OF SERVICE”) APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD THE APP, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE AND APP. BY ACCESSING, BROWSING, AND USING THIS WEBSITE AND/OR THE APP, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE WHICH CONSTITUTES A BINDING LEGAL AGREEMENT GOVERNED BY AND MADE UNDER CANADIAN LAW BETWEEN YOU AND JOBBER. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE OR THE APP. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APP, OR THE SERVICE.
PLEASE BE AWARE THAT SECTION 22 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE, THE APP, OR THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF ALBERTA, CANADA WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT. EACH OF THE PARTIES HEREBY ATTORNS TO THE EXCLUSIVE JURISDICTION OF THE PROVINCIAL AND FEDERAL COURTS LOCATED IN THE PROVINCE OF ALBERTA WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE.
NON-MOBILE APP USERS: IF YOU SUBSCRIBE TO THE SERVICE FOR A FREE TRIAL, AND DO NOT CANCEL THE SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL PERIOD, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A MONTHLY OR ANNUAL BASIS AT JOBBER’S THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW. IF YOU SUBSCRIBE TO THE SERVICE UNDER A SUBSCRIPTION PLAN FOR A TERM (“INITIAL TERM”), THEN THOSE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT JOBBER’S THEN-CURRENT FEE FOR SUCH SERVICE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW.
MOBILE APP USERS: IF YOU SUBSCRIBE FOR A FREE TRIAL YOU WILL HAVE THE RIGHT TO USE THE SERVICE FOR THE TRIAL PERIOD THROUGH THE APP IF YOU DOWNLOAD THE JOBBER APP THROUGH A THIRD-PARTY APP STORE. YOUR ABILITY TO USE ALL FEATURES OF THE APP WILL TERMINATE ON EXPIRY OF THE TRIAL UNLESS YOU OPT TO MAKE AN IN-APP PURCHASE TO SUBSCRIBE TO A PAID PLAN GRANTING FULL ACCESS TO THE SERVICE. PLEASE SEE FURTHER DETAILS OF APP SUBSCRIPTION PLANS IN SECTION 13 BELOW.
IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF OF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.
PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY JOBBER IN ITS SOLE DISCRETION AT ANY TIME. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Website and under the “Settings — Terms of Service” section of the App. When material changes are made, Jobber will send you an email and/or in-App notification. We will also update the “Last Updated” date at the top of the Terms of Service. Any non-material change (such as clarifications) to these Terms of Service and any new terms governing new features, functionality, or services will become effective on the date the change is posted. Any material changes to the Terms of Service will be effective: (i) immediately if you are a new User of the Website, the App, and/or Service; and (ii) if you are an existing User of the Website, the App, and/or Service, upon the earlier of (a) thirty (30) days after notice is provided of such changes, which notice may be provided on the Website for existing Users or by dispatch of an e-mail or in-App notice, or (B) your acceptance of the updated Terms of Service. Jobber may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Website, the App, and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s) or otherwise do not agree with these Terms of Service, you shall stop using the Website, the App, and/or the Service. Otherwise, your continued use of the Website, the App, and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE OR THE APP’S “SETTINGS” PAGE TO VIEW THE THEN-CURRENT TERMS.
a) The Service. The Jobber service enables users to run a mobile service business including without limitation CRM, scheduling, billing, invoicing, and payment integration functions, as well as the Jobber payment processing service, all as further described on the Website (the “Service”) and the underlying hardware, software, network storage, and related technology required to run the Service is provided by Jobber and its third-party vendors and hosting partners.
c) Additional Terms. Your use of the Website, the App, and the Service is subject to all additional terms, policies, rules, product documentation, published materials, or guidelines applicable to the Website, the App, and the Service (or certain features and/or functionality thereof) that we may post on or link to from the Website, the App, or the Service (the “Additional Terms”). All such terms are hereby incorporated by reference into these Terms of Service, and may be amended from time to time by us. In the event that any Additional Terms are inconsistent with the Terms of Service, those Additional Terms will control.
Without limiting the foregoing, a description of certain features and/or functionality, and corresponding Additional Terms, are set forth below:
b) Account Ownership. If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner. For the purpose of these Terms of Service, regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the default account owner (the “Account Owner”). The Account Owner will have certain rights within the account, including the right to cancel the account, delete information from the account, and appoint administrators. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that the term Account Owner does not convey or connote ownership rights or any other property interest in an account, even where you are designated as the Account Owner, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Jobber. Although the Account Owner can also appoint a new Account Owner if the billing contact is not the appropriate person to manage the account, in the event of a dispute regarding entitlement to access an account, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, or any other information that Jobber may reasonably request in its discretion. Jobber retains the right to determine, in our sole judgment, who the rightful Account Owner is and may transfer an account to the person we consider is the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, Jobber reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
c) Third-Party Accounts. If you access the Website, the App, and/or Service through a SNS as part of the functionality of the Website, the App, and/or the Service, you may link your account with Third-Party Accounts by allowing Jobber to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Jobber and/or grant Jobber access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Jobber to pay any fees or making Jobber subject to any usage limitations imposed by such third-party service providers. By granting Jobber access to any Third-Party Accounts, you understand that Jobber may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through the Website, the App, and/or Service (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Website, the App, and/or Service via your account. Unless otherwise specified in the Terms of Service, all SNS Content shall be considered to be User Content (as defined in Section 4) for all purposes of the Terms of Service. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Website, the App, and/or Service. Please note that if a Third-Party Account or associated service becomes unavailable, or the third-party service provider terminates Jobber’s access to such Third-Party Account or Jobber terminates access, then SNS Content will no longer be available on and through the Website, the App, and/or Service. If you decide at any time that you no longer wish to have your Third-Party Account linked to your account, please contact us at [email protected] PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND JOBBER DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. You, and not Jobber, will be responsible for any and all costs and charges associated with your use of any Third-Party Accounts. Jobber enables these Third-Party Accounts merely as a convenience and the integration or inclusion of such Third-Party Accounts does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Website, the App, and/or the Services are between you and the third party. Jobber makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Jobber is not responsible for any SNS Content.
Jobber App subscribers please refer to Section 13 below for details relating to subscription plans, fees, and service cancellation through the App.
a) Information on the current fees for Users who are registered for the Service can be found in the billing section of your account. If you are a new User or prospective User of the Service and would like more information about our pricing models and products, please see our pricing page, located at https://getjobber.com/pricing/. From time to time, we may offer a free trial of the Service, in our sole discretion granting access to the Service for a period of time determined by Jobber. A valid credit card is required for paying accounts. If you sign up for a recurring (e.g., monthly or annual) paid account, and you do not cancel that account before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e., up to and including the last day of your free trial), your access to the Service will terminate, and your credit card will not be charged.
b) Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with Section 17 below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Jobber’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless (i) in the case of monthly subscriptions, you cancel your subscription before the Renewal Commencement Date, and (ii) in the case of annual subscriptions, you cancel your subscription at least thirty (30) days prior to the Renewal Commencement Date (or, in the event that you receive a notice from Jobber that your annual subscription will be automatically renewed, you will have thirty (30) days from the date of the Jobber notice), by logging in and going to the “Cancel your account” section of your “Account and Billing” page or by notifying Jobber of the intended termination by phone.
c) Billing, Changes to Service Tiers & Cancellations. The Service is billed in advance on a monthly or annual basis and fees are non-refundable. There will be no refunds or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the loss of User Content, features, or capacity of your account. Jobber does not accept any liability for such loss. If you cancel the Service before the end of your current paid up billing cycle, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and you will not be charged for the next month or be able to access your account. Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon fourteen (14) days’ notice from us. Such notice may be provided by email or through an in-App notification. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. If you dispute any charges, you must let Jobber know within sixty (60) days after the date that Jobber charges you, or within such longer period of time as may be required under applicable law.
d) Collection Costs. You are liable for all costs we to collect any amounts you owe under these Terms of Services, in addition to the amounts you owe. Collection costs may include attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, applicable interest, and any other related cost.
e) Credits. Jobber may, in its sole discretion, offer credits (“Credits”) to its Users for promotional or other purposes. Credits may only be redeemed for purchases of Services and may not be applied to any previous purchase. Credits are non-transferable, non-refundable, and may not be redeemed for cash. A User’s Credits will expire and will no longer be available on the later of: the date expressed in connection with the promotion (which may be canceled or discontinued in accordance with this section), the date such User terminates their subscription with Jobber, or twelve (12) months from the date the Credits are posted in such User’s account. Jobber reserves the right to terminate, discontinue, or cancel any promotions under which Credits were issued at any time and in its sole discretion without notice to you.
b) Service Content. You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Jobber, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service Content other than as specifically authorized herein is strictly prohibited.
c) Copyright Complaints. Jobber respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Jobber of your infringement claim in accordance with the procedure set forth here: https://getjobber.com/copyright-complaints/.
a) Restrictions Generally. Jobber reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of our users and the public. In using the Website, the App and/or Service you shall not:
i. copy any content unless expressly permitted to do so herein;
ii. upload, post, email, transmit, or otherwise make available any material that:
aa) is or may be perceived as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
bb) you do not have a right to make available under any law or under a contractual relationship;
cc) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party (including privacy rights);
dd) use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
ee) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or App or that of any users or viewers of the Website or App or that compromises a user’s privacy;
ff) contains any falsehoods or misrepresentations or create an impression that you know or ought to know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
gg) poses or creates a privacy or security risk to any person; or
hh) in the sole judgment of Jobber, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Jobber or its users to any harm or liability of any type;
iii. impersonate any person or entity or misrepresent their affiliation with a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or App or impersonate another person or organization;
v. interfere with or disrupt the Website or App or servers or networks connected to the Website or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
vi. intentionally or unintentionally violate any applicable local, state/provincial, national, or international law or regulation;
vii. collect or store personal information about other users or viewers;
viii. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App;
ix. modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify, or reverse engineer any part of the Website or App or any software provided as part of the Service or to falsely imply that another website is associated with the Service, Jobber, or any other Jobber service, except to the extent the foregoing restrictions are expressly permitted by applicable law;
x. solicit personal information from anyone under the age of 18;
xi. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
xii. advertise or offer to sell or buy any goods or services for any business purpose that is not authorized;
xiii. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
xiv. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
xv. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Service, including through the use of virtual private networks; or
xvi. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by Jobber from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
b) Acceptable Use. You agree to comply with all applicable laws in connection with the use of the Services, including the provision of any personal information and other Content to Jobber. You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Jobber) of other Jobber customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on the Website.
c) Jobber Provisioned Phone Numbers. Certain Jobber plans may include access to a company-specific phone number which may be used to send and receive SMS messages in connection with your business. For the avoidance of doubt, you will be solely responsible for the content and legality of any communications you transmit, collect, or store through this feature and you will indemnify Jobber in respect of any claims arising in respect of the same. Company specific numbers are non-transferable by you. On cancellation or termination of your subscription or the applicable subscription plan that enables access to a company-specific number, Jobber may reclaim and reallocate any company-specific number not currently linked to an active subscription in a tier that grants access to this feature.
d) Competitors. No employee, independent contractor, agent, or affiliate of any company providing job tracking and customer management software services for home service businesses is permitted to view, access, or use any portion of the Service without express written permission from Jobber. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Jobber or any of its affiliates, or acting on behalf of a competitor of Jobber in using or accessing the Service.
e) General Practices Regarding Use and Storage. You acknowledge that Jobber may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Jobber’s or its third-party service providers’ servers on your behalf. You agree that Jobber has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Jobber reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Jobber reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
By submitting, posting, or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, modify, transmit, display, and distribute such User Content: (a) to the extent necessary to provide the Service; (b) to create aggregated and anonymized market research statistics and insights in respect of the customers and industries that use Jobber; and (c) otherwise use de-identified User Content for the purpose of improving the Service. Jobber will not be responsible or liable for any use of User Content in accordance with these Terms of Service. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.
a) End User License. The App, the Website, and the information and materials contained therein (except for User Content), are the property of Jobber and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, Jobber grants you a non-transferable, non-transferable, non-exclusive, revocable license to (a) use the Website for your use, and (b) download, install, and use one copy of the App on a mobile device that you own or control for your use. For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to these Terms of Service. Each instance of these Terms of Service that you agree to in connection with downloading an App grants you the aforementioned rights in connection with the installation and use of the App on one device.
b) App Stores. With respect to the access through or download of the App from the Apple App Store, Google Play, or any other third-party marketplace (each an “app store”), you will only use the App: (i) on the branded device of the applicable app store owner, if required by the app store owner’s marketplace terms and conditions; and (ii) as permitted by the “Usage Rules” set forth in the applicable app store terms of service. The App is licensed to you and not sold. Nothing in these Terms of Service gives you a right to use the Jobber names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent, and all goodwill generated from the use of the foregoing will inure to Jobber’s exclusive benefit. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or within the App. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms of Service.
c) Apple-Enabled Software. With respect to mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
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d) Google-Sourced Software. The following applies to any mobile App you download from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Service are between you and Jobber only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (iv) Jobber, and not Google, is solely responsible for Jobber’s Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Jobber’s Google-Sourced Software.
e) Special Notice for International Use; Export Controls. The Service is not intended for visitors in countries or territories on the sanctioned lists of Canada (https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/current-actuelles.aspx?lang=eng) or the United States (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information). Access to the Service from such countries or territories, or by individuals where such access is otherwise illegal, is prohibited. By accessing the Service, you represent and warrant that you are not located in any such countries or territories and are not designated or described on any relevant list of prohibited, restricted, sanctioned, or debarred parties maintained by Canada or the United States. Software available in connection with the Service and the transmission of applicable data, if any, is subject to export controls, and no software (including the App) may be downloaded from the Service or otherwise exported or re-exported in violation of export laws. Downloading or using any software (including the App) is at your sole risk. In addition, we make no representation that the Service is appropriate or available for use outside of the United States and Canada.
a) Mobile Services. The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through the App (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
b) Telephonic Communications Services. By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Jobber or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Jobber or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts, or other telephonic communications. You do not have to consent to receive calls or text messages from Jobber or its affiliates or partners for marketing or solicitation purposes to purchase Jobber’s products or services. In the event you no longer wish to receive such calls, text messages, or other telephonic communications, you agree to notify Jobber or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Jobber account information to ensure that your messages are not sent to a person that acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS, or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS, or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By replying to any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
You can also invite others to use the Service or refer home service businesses through the Website or App by providing the numbers or other contact information of those you want to invite or provide a referral, or by selecting the individuals you want to invite or provide a referral from your contacts list (if you have uploaded one), and taking the actions to send those individuals an invitation message or referral. By inviting others to use the Service or providing others a referral, you represent to us that those you invite or provide a referral to consent to receive the invitation messages or referrals and that you are authorized to convey that consent to us.
If you provide Jobber with any suggestions, comments (including, without limitation, endorsements, reviews, and testimonials), or other feedback relating to any aspect of the Website, the App, and/or Service (“Feedback”), Jobber may use such Feedback in any way it reasonably determines appropriate, which may include modifying and improving the Website, App, and/or Service, Jobber’s other current and future services and products, and/or Jobber’s advertising or marketing materials (collectively, “Jobber Offerings”). Accordingly, you agree that: (a) Jobber is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Jobber; (c) Jobber (including all of its successors and assigns and any successors and assigns of any of the Jobber Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Jobber Offerings; and (d) you are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.
You agree to cooperate with Jobber in conducting reasonable due diligence into any complaint that you or your customers receive relating to the Service (including performance of any components of the Service such as the account security and fraud prevention tools) and you agree that you will cooperate with Jobber to ensure appropriate action is taken in response to such complaints where necessary.
Jobber provides access to a marketplace (the “Marketplace”) enabling subscribing Jobber users to browse and obtain access to a variety of free and paid third-party software applications, tools, and add-ons (collectively “Third-Party Apps”) which are offered by third-party developers (“App Providers”).
All transactions concluded on the Marketplace are concluded between you and the relevant App Provider. Although Jobber may be responsible for providing certain services on request such as listing Third-Party Apps for the App Providers, Jobber is not a party to any transaction through the Marketplace and the relevant App Provider is solely responsible for support and stipulating the terms on which access to a Third-Party App is provided. Use of any Third-Party App is always at your discretion and your sole risk and any problems with a Third-Party App should be resolved in the first instance with the applicable App Provider.
JOBBER DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE INCLUDING THIRD-PARTY APPS ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE MARKETPLACE AND JOBBER SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. JOBBER WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THIRD-PARTY APPS. You agree to indemnify and hold us and our affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party App or your relationship with any App Provider.
The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Jobber or may make it possible for you to elect to use third-party services with the Service where such third-party service providers have integrated with the Service (“Third-Party Integration Partners”). In no event shall any reference to any third party, third-party product or service be construed as an approval or endorsement by Jobber of that third party, third-party product or service. Jobber is also not responsible for the content of any linked websites or for the delivery of any product or service offered by third-parties including Third-Party Integration Partners. In order to receive access to a Third-Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third-Party Integration Partner. For certain services offered by Third-Party Integration Partners, you will be required to pay a fee to Jobber to turn on the third-party service. Any third-party websites or services (including those offered by Third-Party Integration Partners) are subject to the terms and conditions of those websites and/or services and you are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Jobber endorses or accepts any responsibility for the content or use of such websites, and you hereby release Jobber from all liability and damages that may arise from your use of such websites or receipt of services from any such websites. While Jobber does not prohibit linking to third-party websites and content, it does not wish to be linked to or from any third-party website which contains, posts, or transmits any of the prohibited content in Section 7 of these Terms of Service. Jobber reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
Jobber may from time to time offer promotions, sweepstakes, giveaways, and contests on the Website. Participation in such initiatives requires your agreement to the contest rules that govern the specific promotional event.
If you are using a payment integration, you must adhere to the applicable rules and regulations of such payment integrator. In addition, you are responsible for ensuring the security of any cardholder data in your possession including any cardholder data which you collect, process, transmit, or store. It is also your obligation to inform your customers about your processing of their data and your responsibility for the same.
You acknowledge and agree that the Website and App may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Jobber shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
From time to time, Jobber may, in its sole discretion, invite you to use or otherwise make available to you (including through “Jobber Labs” on the Website and/or App), on a trial or evaluation basis only, pre-release or beta features, technologies, or services that are in development and which are not yet available to all of our customers (“Beta Services”). Beta Services are not part of the Service, and Beta Services may be subject to additional terms and conditions, which Jobber will provide to you prior to your use of the Beta Services. You must comply with all terms related to any Beta Services and unless otherwise specified in the applicable additional terms, we grant you a non-exclusive, revocable, non-transferable limited license to use the Beta Services. Jobber may add or modify terms related to access to or use of any Beta Services at any time.
Such Beta Services and all associated content, data, and materials relating thereto (including any information relating to your access, use, testing, or evaluation of Beta Services such as observations or information regarding the performance, features, and functionality of Beta Services) (collectively “Beta Service Data”) will be owned by and constitute Confidential Information of Jobber and is subject to the confidentiality provisions in these Terms of Service. You agree that you will not disclose or use any Beta Service Data except for your internal evaluation purposes of any Beta Service.
The Beta Services are provided on an “as-is” and “as available” basis and may contain bugs, errors, or other problems. Jobber makes no representations or warranties of any kind in relation to the Beta Services. Jobber hereby disclaims all liability for any harm or damage arising out of or in connection with a Beta Service.
Jobber may suspend or terminate your access to or use of any Beta Service at any time. Your access to and use of each Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by Jobber. On termination of your access to or use of any Beta Service for any reason, (a) you will not have any further right to access or use the applicable Beta Service, and (b) any content used in the applicable Beta Service may be deleted or inaccessible. Jobber may change or not release a final or commercial version of a Beta Service in our sole and absolute discretion.
a) Third Party App Stores. Mobile users of the Service acknowledge and agree that the availability of the App and the Service is dependent on the app store from whom you received the App license. In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the app store in connection with the Website, App, and Service.
b) App Subscription Plans, Fees, and Payment Terms. Subscription plans for the Service will be displayed within the App and you can select the tier you wish to use and pay the applicable fees through the payment processing method provided by the applicable app store. Unless otherwise provided through the applicable app store’s terms, your subscription automatically renews for a period of time equal to your original subscription term.
c) Cancellations. Notwithstanding the terms in Section 17 below, if you subscribe to the Service through the App you can cancel your subscription by using the manage subscription features provided by the applicable app store.
THE WEBSITE, SERVICE, APP, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS” AND JOBBER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. IN ADDITION, JOBBER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. JOBBER DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD-PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND JOBBER SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD-PARTY. JOBBER WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL JOBBER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (A) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, APP, OR SERVICE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (F) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF JOBBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JOBBER’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) ONE HUNDRED US DOLLARS ($100) OR (II) THE AMOUNTS YOU’VE PAID JOBBER IN THE PRIOR TWELVE (12) MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMERS”, AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU SHALL INDEMNIFY AND HOLD JOBBER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “JOBBER PARTIES”) HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, THE RIGHTS OF ANY THIRD-PARTY, OR ANY APPLICABLE LAW OR REGULATION. Jobber will provide notice to you of any such claim, suit, or proceeding. Jobber reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this provision, and you agree to cooperate with any reasonable requests assisting Jobber’s defense of such matter. You may not settle or compromise any claim against the Jobber Parties without Jobber’s written consent. This provision does not require you to indemnify Jobber for any unconscionable commercial practice by Jobber or for Jobber’s fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact in connection with the Website or any Services provided hereunder.
Sections 6, 9, 14, 15, 16, 17, 20, 21, 22, 23, and 24, any outstanding payment obligations, and any other rights or obligations that by their nature should survive, in each case will survive the termination or expiry of these Terms of Service or your account for any reason.
Jobber may alter, suspend, or discontinue the Website, App, and/or Service at any time and for any reason or no reason, without notice, but will endeavor to provide notice of the same. The Website, App, and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Jobber may periodically add or update the information and materials on the Website, App, and/or Service without notice. You may need to update third-party software from time to time in order to use the Website, App, and/or Service.
Security Generally. Jobber maintains a security program with appropriate administrative, technical, organizational, and physical security measures designed to protect your Content against unauthorized access, disclosure, and loss. However, information sent or received over the internet is generally insecure and Jobber cannot and does not make any representation or warranty concerning security of any communication to or from the Website or the App or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for creating and keeping secure a strong password that you use to access the Service and you are responsible for any activities or actions under the account protected by your password. It is recommended that the password you use to access your account is unique to Jobber. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur. User accounts are intended for one user only and are not to be shared by multiple users. Jobber will not be liable for any loss or damage arising from your failure to comply with these requirements.
a) “Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Service, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, customer information, transactional information, and any other non-public content posted, transmitted or accessed through the Service (including, for the avoidance of any doubt, any Beta Services). A Receiving Party shall: (a) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees, agents, and subcontractors that require such access and use in connection with such party’s obligations hereunder, who each treat such Confidential Information as provided in this Section, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained in this Section; (b) not disclose Disclosing Party’s Confidential Information to third parties (except those partners or third party service providers used by us to provide some or all elements of the Service and who are bound by duties of confidentiality), unless authorized under this Section; (c) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (d) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv) independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful order or judicial order. In the event that Jobber receives a request or order to release your Confidential Information, we can comply with the same without your consent. We may notify you of this matter to the extent not prohibited by law or the applicable order or unless we deem, in our sole discretion, that notification could be prejudicial and/or might create or further cause injury or harm to persons or property, and subject to section 21(b).
Please note that due to the time consuming and costly nature of addressing disclosure requests, we reserve the right to charge users, on a time and materials basis, for Jobber’s efforts taken in response to law enforcement requests initiated either at a user’s request or where compelled to comply with court orders, subpoenas and other valid requests in respect of a user’s account.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Jobber and limits the manner in which you can seek relief from us.
a) Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, the App, and/or the Service, to any products sold or distributed through the Website, the App, and/or the Service, or to any aspect of your relationship with Jobber, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or Jobber may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
b) Pre-Arbitration Dispute Resolution. Jobber is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Jobber should be sent to Octopusapp Inc. dba Jobber at Suite 300, 10130 103 Street NW, Edmonton, AB, Canada, T5J 3N9 with a copy to [email protected] The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Jobber and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Jobber may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Jobber or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Jobber is entitled.
c) Arbitration Rules and Forum. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under USD $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, Jobber will pay them for you. In addition, Jobber will reimburse all such JAMS’s filing, administrative, hearing, and/or other fees for claims totaling less than USD $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. If the parties are unable to agree on a location, the determination will be made by JAMS. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
d) Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Jobber. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Service (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
e) Waiver of Jury Trial. YOU AND JOBBER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Jobber are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 22(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
f) Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the Provincial or Federal Courts located in the Province of Alberta. All other claims shall be arbitrated.
g) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Suite 300, 10130 103 Street NW, Edmonton, AB T5J 3N9 Canada, within 30 days after first becoming subject to this Arbitration Agreement and by email to Jobber at [email protected] Your notice must include your name and address, your Jobber username (if any), the email address you used to set up your Jobber account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
h) Severability. Except as provided in subsection 22(g), if any part or parts of this Arbitration Agreement (other than the subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief”) are found under the law to be invalid or unenforceable, the parties agree to replace such part or parts with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable part or parts, and this Arbitration Agreement will be enforceable as so modified. If any of the provisions of subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
i) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Jobber.
j) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Jobber makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Jobber at the following address: Suite 300, 10130 103 Street NW, Edmonton, AB T5J 3N9 Canada. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
k) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Jobber will have no liability or responsibility with respect thereto. Jobber reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
10130 103 Street NW