PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. SERVICE LLAMA LLC (“SERVICELLAMA,” “WE,” “US,” or “OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://SERVICELLAMA.COM/ AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME (THE “WEBSITE”), AND THE SERVICELLAMA MOBILE APPLICATION MADE AVAILABLE BY SERVICELLAMA AND THROUGH THIRD-PARTY MARKETPLACES (THE “APP”). THESE TERMS OF SERVICE (AS AMENDED FROM TIME TO TIME, THESE “TERMS OF SERVICE” OR THIS “AGREEMENT”) 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 THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE 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 THE LAWS OF THE STATE OF NEW YORK AND THE FEDERAL LAWS OF THE UNITED STATES APPLICABLE THEREIN BETWEEN YOU AND SERVICELLAMA. 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.
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 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 THE JURISDICTION SET OUT IN SECTION 25.
NON-MOBILE APP USERS: IF YOU SUBSCRIBE FOR A FREE TRIAL YOU WILL HAVE THE RIGHT TO USE THE SERVICE FOR THE TRIAL PERIOD. YOUR ABILITY TO USE ALL FEATURES OF THE SERVICE WILL TERMINATE ON EXPIRY OF THE TRIAL UNLESS YOU OPT TO MAKE A PURCHASE TO SUBSCRIBE TO A PAID PLAN GRANTING FULL ACCESS TO THE SERVICE.
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 SERVICELLAMA 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 14 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 SERVICELLAMA 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, ServiceLlama 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. PLEASE REGULARLY CHECK THE WEBSITE OR THE APP’S “SETTINGS” PAGE TO VIEW THE THEN-CURRENT TERMS.
The Service. The ServiceLlama service is an industry-agnostic, vertical SaaS platform for service businesses that manage frontline workers, vendors, W-2 employees, or 1099 independent contractors across multiple locations. The platform centralizes booking, scheduling, dispatching, invoicing, CRM, and payments, and scales from solopreneurs to global enterprises (the “Service”). The underlying hardware, software, network storage, and related technology required to run the Service is provided by ServiceLlama and its third-party vendors and hosting partners.
Your Privacy. We respect the privacy of our users. For more information please see our Privacy Policy, located at https://servicellama.com/privacy-policy/ and under the “Settings — Privacy Policy” section of our App. By using the Website, the App, and/or the Service, you consent to our collection, use, and disclosure of personal information and other data as outlined therein.
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 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.
ServiceLlama Payments. Optional features of the Service include “ServiceLlama Payments,” a payment solution which assists users with accepting and processing payments from customers, and which is provided by a third-party payment processor. ServiceLlama may, at any time and in its sole discretion, automatically enable ServiceLlama Payments on your account. By agreeing to these Terms of Service you agree that ServiceLlama Payments may be automatically enabled. You may disable ServiceLlama Payments at any time in your account settings.
Supplemental Terms for Franchisees. If you are activating a ServiceLlama account as a franchisee, franchisor, or in a similar contractual relationship between yourself and a separate entity (the “Distribution Partner”) which has partnered with ServiceLlama to set up a distribution relationship for its related entities, the Supplemental Terms for Franchisees may also apply to your use of the Services.
Generally. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process and access certain features of the Website, the App, and/or Service. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form.
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, 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 all rights in and to your account are and shall forever be owned by and inure to the benefit of ServiceLlama.
Employee Users. Depending on your ServiceLlama subscription plan, the Account Owner may be able to create additional accounts allowing other authorized people, such as their employees (“Employee Users”), to access their business’s account. The Account Owner is responsible for: (a) ensuring its employees, or other authorized agents or third parties, comply with these Terms of Service; (b) any breach of these Terms of Service by its employees, or other authorized agents or third parties; and (c) ensuring Employee User access is up to date.
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 ServiceLlama to access your Third-Party Account. 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. 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 privacy@servicellama.com.
ServiceLlama App subscribers please refer to Section 14 below for details relating to subscription plans, fees, and service cancellation through the App.
Information on the current fees for Users who are registered for the Service can be found in the billing section of your account. A valid credit card is required for paying accounts. If you sign up for a recurring 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.
Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with Section 18 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 ServiceLlama’s then-current price for such subscription.
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. 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 dispute any charges, you must let ServiceLlama know within sixty (60) days after the date that ServiceLlama charges you, or within such longer period of time as may be required under applicable law.
Cancellation for Annual Subscriptions that are Billed Monthly. IF YOU SELECT THE ANNUAL SUBSCRIPTION THAT IS BILLED MONTHLY OPTION, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PURCHASING A ONE (1) YEAR SUBSCRIPTION COMMITMENT THAT IS PAYABLE IN TWELVE (12) MONTHLY INSTALLMENTS. IF YOU INITIATE A CANCELLATION REQUEST FOR AN ANNUAL SUBSCRIPTION THAT IS BILLED MONTHLY PRIOR TO THE COMPLETION OF THE ONE (1) YEAR TERM, YOU ACKNOWLEDGE AND AGREE THAT (I) SUCH REQUEST WILL BE TREATED AS A NOTICE OF NON-RENEWAL, (II) YOUR SUBSCRIPTION AND ACCESS TO THE SERVICE WILL REMAIN ACTIVE UNTIL THE END OF THE THEN-CURRENT ONE (1) YEAR TERM, (III) YOU WILL REMAIN RESPONSIBLE FOR ALL SCHEDULED MONTHLY PAYMENTS UNTIL THE EXPIRATION OF THAT TERM, AND (IV) THE ANNUAL SUBSCRIPTION THAT IS BILLED MONTHLY WILL NOT AUTOMATICALLY RENEW AFTER THE TERM EXPIRES.
Collection Costs. You are liable for all costs we incur to collect any amounts you owe under these Terms of Service, 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.
Credits. ServiceLlama 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.
Account Hibernation. Notwithstanding the foregoing, Users may, in ServiceLlama’s discretion, have the option to enter a state of account hibernation for a nominal fee, allowing them to pause their subscription for a limited period. During hibernation, User account access and features may be restricted or limited.
User Content and Other Materials. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted to the Website and/or App by viewers or users including certain personal information (“User Content”), is the sole responsibility of such viewers or users. You represent and warrant to ServiceLlama that: (a) for any personal information included in your User Content, you have the necessary rights under applicable law or have obtained the necessary consents; and (b) the User Content you provide is accurate, lawful, and does not infringe any intellectual property, privacy, or other rights of any person.
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 ServiceLlama, 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.
Copyright Complaints. ServiceLlama 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 ServiceLlama of your infringement claim in accordance with the procedure set forth at: https://servicellama.com/copyright-complaints/.
Restrictions Generally. In using the Website, the App and/or Service you shall not:
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 ServiceLlama.
Competitors. No employee, independent contractor, agent, or affiliate of any company providing job tracking, field service management, or customer management software services for service businesses is permitted to view, access, or use any portion of the Service without express written permission from ServiceLlama.
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; and (c) otherwise use de-identified User Content for the purpose of improving the Service.
End User License. The App, the Website, and the information and materials contained therein (except for User Content), are the property of ServiceLlama 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, ServiceLlama grants you a 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.
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.
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:
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 ServiceLlama 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) ServiceLlama, and not Google, is solely responsible for ServiceLlama’s Google-Sourced Software; and (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service.
Special Notice for International Use; Export Controls. The Service is not intended for visitors in countries or territories subject to U.S. sanctions. Access to the Service from such countries or territories, or by individuals where such access is otherwise illegal, is prohibited.
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 Website from a mobile device, and (iii) the ability to access certain features and content through the App (collectively, the “Mobile Services”).
Telephonic Communications Services. By using the Service and providing us with your telephone number(s), you are consenting to be contacted by ServiceLlama or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, text message, SMS and/or MMS message, or other telephonic or electronic means for marketing, solicitation, informational or other purposes, even if your telephone number(s) is registered on the National Do Not Call List.
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 provide ServiceLlama 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”), ServiceLlama may use such Feedback in any way it reasonably determines appropriate, which may include modifying and improving the Website, App, and/or Service. Accordingly, you agree that: (a) ServiceLlama 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; (c) ServiceLlama may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any ServiceLlama Offerings; and (d) you are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.
ServiceLlama may integrate with certain third-party software applications, tools, and services, including but not limited to QuickBooks, Twilio, Gmail, and Microsoft Outlook (collectively “Third-Party Integrations”). All Third-Party Integration transactions are concluded between you and the relevant Integration Provider. ServiceLlama is not a party to any transaction with an Integration Provider.
SERVICELLAMA DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE INCLUDING THIRD-PARTY INTEGRATIONS ADVERTISED OR OFFERED BY ANY THIRD PARTY OR OTHERWISE MADE AVAILABLE TO YOU AND SERVICELLAMA SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. 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 Integration or your relationship with any Integration Provider.
The Website and App (including User Content) may contain links to other websites that are not owned or controlled by ServiceLlama or may make it possible for you to elect to use third-party services with the Service. In no event shall any reference to any third party, third-party product or service be construed as an approval or endorsement by ServiceLlama of that third party, third-party product or service.
ServiceLlama may offer or integrate with certain artificial intelligence, machine learning, and/or similar technologies (each an “AI Tool”) as part of the Website, App, and/or Service. The purpose(s) of each AI Tool may include, but is not limited to, the following:
Your use of the AI Tools is subject to these Terms of Service, together with any additional terms applicable to a specific AI Tool. You are responsible for ensuring that any User Content you provide to an AI Tool is appropriate and permissible under these Terms of Service. Outputs generated for and provided to you by an AI Tool (“Outputs”) may not always be accurate or contextually relevant, and ServiceLlama makes no representations or warranties, express or implied that the AI Tools or any Outputs are free from error or bias.
Any personal information provided by you in connection with the AI Tools will be used and stored in accordance with the ServiceLlama Privacy Policy. Please refrain from sharing sensitive personal information with the AI Tools, as any information shared with an AI Tool may be logged for analysis, improvement, and security purposes.
From time to time, ServiceLlama may, in its sole discretion, invite you to use or otherwise make available to you, 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 may be subject to additional terms and conditions. ServiceLlama may suspend or terminate your access to or use of any Beta Service at any time.
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.
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.
Cancellations. Notwithstanding the terms in Section 18 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 SERVICELLAMA 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, SERVICELLAMA 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.
UNDER NO CIRCUMSTANCES SHALL SERVICELLAMA 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SERVICELLAMA’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) ONE HUNDRED US DOLLARS ($100) OR (II) THE AMOUNTS YOU’VE PAID SERVICELLAMA IN THE PRIOR TWELVE (12) MONTHS (IF ANY).
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.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU SHALL INDEMNIFY AND HOLD SERVICELLAMA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “SERVICELLAMA 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.
You are solely responsible for properly canceling your account. You can cancel your account at any time by logging in and going to the “Cancel your account” section of your “Account and Billing” page or by notifying ServiceLlama of the intended termination by phone. ServiceLlama may, under certain circumstances and without prior notice and without any liability to you, immediately terminate, or permanently or temporarily restrict or limit, your ability to access the Website or App or portions thereof, including access to the data contained therein.
Sections 6, 9, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, and 26, 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.
ServiceLlama 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.
Security Generally. ServiceLlama maintains a security program with appropriate administrative, technical, organizational, and physical security measures designed to protect your Content against unauthorized access, disclosure, and loss. 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. User accounts are intended for one user only and are not to be shared by multiple users.
Account Security and Fraud Prevention. ServiceLlama utilizes third-party fraud prediction and detection services to help identify potential threats such as unauthorized account access and fraudulent transactions.
“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. 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; (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); (c) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information; and (d) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with ServiceLlama 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 ServiceLlama, 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 ServiceLlama may seek equitable relief in court for infringement or other misuse of intellectual property rights.
(b) Pre-Arbitration Dispute Resolution. ServiceLlama 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 support@servicellama.com. 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 ServiceLlama should be sent to Service Llama LLC, 247 West 35th Street, Suite 9R, New York, NY 10001, with a copy to legal@servicellama.com.
(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/.
(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. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim and to award monetary damages.
(e) Waiver of Jury Trial. YOU AND SERVICELLAMA 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 ServiceLlama 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.
(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.
(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: Service Llama LLC, 247 West 35th Street, Suite 9R, New York, NY 10001, within 30 days after first becoming subject to this Arbitration Agreement and by email to ServiceLlama at legal@servicellama.com.
(h) Severability. If any part or parts of this Arbitration Agreement 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.
(i) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ServiceLlama.
(j) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if ServiceLlama 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 ServiceLlama at: Service Llama LLC, 247 West 35th Street, Suite 9R, New York, NY 10001.
(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 ServiceLlama will have no liability or responsibility with respect thereto. ServiceLlama reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service were prepared and written in English. All communications, notices, and support services provided by ServiceLlama shall be conducted in English. While we may offer translations of our Terms of Service and support documentation for convenience, the English version shall prevail in case of any discrepancies or conflicts.
These Terms of Service and any action related thereto will be governed by and construed in accordance with the laws of the State of New York and the federal laws of the United States applicable therein, without regard to conflicts of law principles. Each of the parties hereby attorns to the exclusive jurisdiction of the state and federal courts located in New York, New York with respect to any dispute or claim arising out of or in connection with these Terms of Service. Legal notices may be provided to ServiceLlama at:
Service Llama LLC
247 West 35th Street, Suite 9R
New York, NY 10001
Attn: Legal Department
These Terms of Service, together with the ServiceLlama Privacy Policy (and related jurisdiction-specific privacy notices), the ServiceLlama Payments Terms of Service, and any other documents or guidelines incorporated by reference into these Terms of Service, constitutes the entire agreement between the parties relating to the Website, App, and/or Service and all related activities. These Terms of Service shall not be modified except by a new posting of these Terms of Service issued by ServiceLlama. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: info@servicellama.com.