This Privacy Policy describes how SERVBASE (“Platform,” “we,” “us,” or “our”) handles information in connection with your access to and use of the Platform’s mobile application made available through official mobile application marketplaces, including the Apple App Store and the Google Play Store.

This Privacy Policy is intended to provide transparency regarding how information may be processed in connection with the Platform, the purposes for which such information may be used, and the rights and responsibilities associated with its use. By downloading, installing, accessing, or using the Platform, you acknowledge that you have read and understood this Privacy Policy.

If you do not agree with this Privacy Policy, you should discontinue use of the Platform.

1) Scope

This Privacy Policy applies to the mobile application distributed under the name SERVBASE, including all related features, functionality, subscription mechanisms, data input tools, analytics components, and support communications made available within the application.

This Privacy Policy applies solely to the Platform. It does not apply to third-party services, including but not limited to the Apple App Store, Google Play Store, device manufacturers, wireless carriers, internet service providers, payment processors, or any external software or services that may interact with data once it leaves the Platform. Those entities operate independently and are governed by their own privacy policies.

2) Information Processing

The Platform is designed to support operational management activities for business users within the home services industry. In the course of using the Platform, users may input, manage, and organize various categories of business-related information.

We aim to limit information processing to what is reasonably necessary to provide and improve the Platform. Depending on how the Platform is used, information may be processed in connection with subscription validation, technical diagnostics, analytics, feature optimization, support communications, and compliance with applicable legal obligations.

We do not require traditional account registration involving usernames and passwords created directly with us. However, certain information may still be processed in connection with subscription status verification or technical performance monitoring.

3) Provided Information

In using the Platform, you may voluntarily enter information relevant to your business operations. This may include project details, scheduling information, customer names, service addresses, contact numbers, notes, job descriptions, invoices, images, documents, and other operational records.

The specific types of information entered depend entirely on how you choose to use the Platform. We do not require the submission of specific categories of personal information beyond what is necessary to enable subscription functionality, certain feature functionalities,  and provide support.

You are solely responsible for ensuring that you have the appropriate legal basis and authorization to input, manage, or process any personal information relating to third parties within the Platform. If you store or process information relating to customers, employees, or other individuals, you represent that you are doing so in compliance with applicable data protection and privacy laws.

We do not independently verify the accuracy, legality, or authorization of user-entered content.

4) Automatically Collected Information

When you access or use the Platform, certain technical information may be collected automatically by the application or by authorized service providers acting on our behalf. This information may include device type, operating system version, application version number, language settings, anonymous device identifiers, crash reports, performance metrics, diagnostic information, subscription status indicators, and general usage patterns.

In some instances, general geographic region information, such as country-level location derived from device settings or network configuration, may be processed. We do not intentionally collect precise geolocation data such as GPS coordinates.

Automatic information collection may be used for purposes that include maintaining service reliability, diagnosing technical issues, improving compatibility across devices, monitoring feature performance, preventing misuse, and enhancing overall functionality.

Such information may be processed in aggregated or pseudonymized form and may not directly identify you as an individual.

5) Subscription & Payment Information

The Platform operates on a paid subscription basis following any applicable trial period. Subscriptions are processed exclusively through the Apple App Store or the Google Play Store.

When you subscribe, payment information such as credit card details is processed directly by Apple Inc. or Google LLC. We do not receive or store full payment card numbers or financial credentials. We may receive limited transaction-related information necessary to confirm subscription status and enable access to paid features. This information may include subscription identifiers, product tier, renewal status, and related metadata.

All billing, refunds, chargebacks, and payment disputes are governed by the policies of the respective app store provider and/or the Subscription & Billing Terms in our Terms of Service.

6) App Data Handling & Storage

Information processed in connection with the Platform may be stored using a combination of device-level storage mechanisms and, where necessary, secure service provider systems that support subscription validation, analytics, diagnostics, or support operations.

The manner in which data is stored may vary depending on device configuration, operating system environment, and feature usage. Users are responsible for maintaining appropriate security controls on their devices, including passcodes, biometric authentication, encrypted backups, and software updates.

While we may implement reasonable safeguards designed to protect information processed in connection with the Platform, no digital storage or transmission system can be guaranteed to be entirely secure.

7) App Data Portability

The Platform provides functionality that allows users to export or import operational data, formatted as a JSON file. When data is exported from the Platform, it may be transferred to third-party applications, storage systems, or communication channels selected by the user.

Once data leaves the Platform environment, it is no longer subject to the Platform’s technical safeguards. Users are responsible for protecting exported files and for ensuring that any further processing complies with applicable privacy and data protection laws.

When importing data into the Platform, users represent that they have the legal right to do so and that such data has been obtained and processed lawfully. You also will still require an active paid plan to be able to use this data on the current or new devices. 

8) Use of Third-Party Service Providers

We may engage third-party providers to assist in operating and improving the Platform. These providers may include subscription management services, analytics providers, crash reporting tools, infrastructure providers, and support processing services.

Such service providers may process limited categories of technical or subscription-related information strictly as necessary to perform their designated functions. We may require these providers to maintain reasonable data protection safeguards.

We do not sell personal information. We do not engage in cross-context behavioral advertising within the Platform.

9) Purposes of Processing

Information processed in connection with the Platform may be used to provide subscription-based access, maintain system functionality, diagnose and correct technical issues, monitor usage patterns, improve features, respond to support requests, enforce applicable agreements, comply with legal obligations, and protect against misuse or unauthorized activity.

Aggregated and anonymized information may be used for internal research, analytics, and business development purposes.

10) Information Retention

We may retain certain categories of technical or subscription-related information for as long as reasonably necessary to provide the Platform, comply with legal requirements, resolve disputes, enforce agreements, or maintain appropriate business records.

Users may manage certain operational data directly within the Platform environment or through device-level controls. Uninstalling the application may remove certain stored information, subject to device configuration and backup settings.

Support communications may be retained for administrative, compliance, or recordkeeping purposes.

11) International Processing

In connection with your use of the Platform, certain information, including technical data or subscription-related metadata, may be processed, stored, or transmitted in jurisdictions outside of your country of residence, including Canada, the United States, or other locations where our service providers operate.

By using the Platform, you acknowledge that cross-border transfers of information may occur, and that data protection laws in other jurisdictions may differ from those in your home country. While we may implement reasonable safeguards to protect data, including contractual and technical measures with service providers, the legal frameworks and enforcement mechanisms governing data in other jurisdictions may not provide the same protections as your local laws.

Users are responsible for understanding any implications of accessing or transmitting data across international borders, particularly if entering information relating to third parties, including customers, employees, or business contacts.

12) Legal Rights

Depending on the jurisdiction in which you access or use the Platform, you may have certain rights regarding the personal information or data processed in connection with the Platform. These rights may include, where applicable:

• The right to access information we may process relating to you or your account.
  
  

• The right to request correction or amendment of inaccurate or incomplete information.
  
  

• The right to request deletion or anonymization of personal data, subject to retention requirements for legal, regulatory, or contractual purposes.
  
  

• The right to restrict processing or object to certain processing activities.
  
  

• The right to request data portability, where technically feasible.

Requests relating to any of these rights may be submitted through the in-app support form located in the Menu under “More Info” → "HELP & SUPPORT." We may require reasonable verification of identity before fulfilling such requests. Certain rights may be limited by applicable law or necessary operational considerations, including ensuring Platform functionality or compliance with legal obligations.

13) Children’s Privacy

The Platform is intended for use by individuals who are at least eighteen (18) years of age and are engaged in legitimate business activities. We do not knowingly collect personal information from children or individuals under the legal age of majority in their jurisdiction.

If we become aware that information relating to a minor has been provided to the Platform without appropriate authorization, we will take reasonable steps to delete or anonymize such information promptly.

Users are responsible for ensuring that any information entered into the Platform regarding third parties, such as customers or employees, is done in compliance with applicable data protection and privacy laws, including parental consent where required.

14) Business Transfers

In the event of a merger, acquisition, restructuring, sale of assets, financing transaction, or insolvency proceeding involving the Platform or its affiliates, information processed in connection with the Platform may be transferred to, or assumed by, the acquiring entity or successor.

Such transfers would be conducted in accordance with applicable law and may include technical or subscription-related information, usage data, and any content voluntarily provided by users. We will take reasonable steps to ensure that any new owners or service providers maintain data protection measures and respect the privacy commitments outlined in this Privacy Policy.

Users should be aware that in such scenarios, some operational data may be retained, modified, or deleted, and the Platform cannot guarantee uninterrupted access to historical information following a business transfer.

15) Amendments

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or platform functionality.

If we make material changes, we may notify you within the Platform, for example via in-app messaging or a notice in the “More Info” section.

Your continued use of the Platform after such updates indicates that you have read and understand the updated Privacy Policy. You are encouraged to review this Privacy Policy periodically to stay informed of any changes.

16) Contact Procedure

For questions, concerns, requests, or inquiries regarding this Privacy Policy or the Platform’s data practices, you may contact us via the in-application support form located in the Menu under “More Info” → "HELP & SUPPORT."

We will review inquiries in a reasonable timeframe and may respond via the Platform, email (if provided), or other communication channels deemed appropriate by our representatives.

You acknowledge that communications sent through the support form or via email are deemed received at the time of transmission, unless delivery failure is indicated. This ensures that requests, complaints, or legal notices are traceable, documented, and handled in a consistent and timely manner.

We encourage users to contact us regarding any questions about this Privacy Policy or to report concerns regarding data handling or compliance. Prompt notification helps ensure that issues can be addressed efficiently and in accordance with applicable privacy laws.

Email us at support@servbase.app

This Terms of Service Agreement (“Agreement,” “Terms,” or “Terms of Service”) governs your access to and use of the mobile application known as SERVBASE (“Platform,” “we,” “us,” or “our”), including all features, functionality, content, and services made available through the Platform. By downloading, installing, accessing, subscribing to, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, you must immediately cease using the Platform.

These Terms, together with the Privacy Policy, constitute a binding agreement between you and the Platform regarding your use of the Platform. The Privacy Policy is incorporated herein by reference.

1) Acceptance of Terms

By using the Platform, you represent and warrant that you have the legal capacity, authority, and competence to enter into this Agreement and to abide by its terms. You further represent that you are at least eighteen (18) years of age or have reached the minimum age required by applicable law to form a binding contract.

Your continued use of the Platform constitutes acceptance of these Terms, including any future modifications that may be published. Failure to comply with these Terms may result in suspension, limitation, or termination of access to the Platform at our sole discretion.

2) Intellectual Property

The Platform, including all its associated content, features, software, code, documentation, design, text, graphics, logos, icons, images, audio, video, and other materials, as well as all underlying intellectual property, trademarks, trade secrets, patents, and copyrights (“Intellectual Property”), are owned exclusively by the Platform, its affiliates, or its licensors, and are protected by intellectual property laws.

Therefore, you agree that you will not, and will not attempt to, directly or indirectly:

• Copy, reproduce, distribute, rent, lease, loan, sublicense, sell, or otherwise exploit the Platform or its Intellectual Property for any commercial purpose;
  
  

• Modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying algorithms;
  
  

• Remove, obscure, or alter any copyright, trademark, or other proprietary notices;
  
  

• Use the Platform to compete with the Platform, solicit its users for competing products, or facilitate access by competitors to the Platform’s Intellectual Property.

3) Licensing Terms

By using and subscribing to the Platform, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your business purposes, in accordance with these Terms. This license does not allow you to sublicense, sell, rent, lease, distribute, or otherwise transfer access to the Platform. This license does not grant you any ownership rights in the Platform or its Intellectual Property.

Any unauthorized use of the Platform or its Intellectual Property may result in termination of access, legal action, and claims for damages. You acknowledge that the Platform’s Intellectual Property represents valuable proprietary rights, and any violation may cause irreparable harm and disruptions for which monetary damages may be insufficient.

4) Acceptable Use

The Platform is intended solely for use by business owners, managers, and employees within the home services industry, all aged 18 or older. You agree to use the Platform responsibly, lawfully, and in accordance with its intended purpose. Acceptable use includes operational management, scheduling, project tracking, field service management, analytics, and other business activities directly related to your legitimate business operations.

You agree not to engage in any activity that may interfere with the functionality, security, or integrity of the Platform, along with complying with all applicable laws, regulations, and industry standards.

5) SUBSCRIPTION BILLING & TERMS

5.1) Subscription / Paid Plan Requirement

Access to the Platform requires an active, paid subscription (and/or any other form of in-app purchases that may also be consumable such as credits, or non-consumable such as a Lifetime paid plan, etc). The Platform is not offered as a permanently free service beyond any limited promotional trial period that may be offered at our discretion. By initiating a subscription, you agree to pay the applicable fees, and in full, for the subscription tier you select. Subscription pricing, billing frequency, and available plans are displayed within the Platform at the time of purchase and may vary by jurisdiction, device, or app marketplace.

You acknowledge that subscribing constitutes acceptance of all obligations outlined in these Terms, including timely payment, account management, and compliance with Platform rules.

5.2) Billing & Payments

All subscription payments are processed through your device’s app store provider, either the Apple App Store or Google Play Store. The Platform does not collect, store, or have access to your credit card or payment information, and all billing, renewals, and disputes are handled in accordance with the app store provider’s policies.

By subscribing, you authorize the app store provider to charge your selected payment method automatically according to the billing schedule associated with your subscription tier. You are solely responsible for maintaining a valid payment method and sufficient funds for all recurring subscription charges.

5.3) Platform Refund Policy

Due to the nature of the provided service, all plan payments are generally considered final and non-refundable. This includes, without limitation, payments for:

• Full or partial periods of subscription service
  
  

• Any unused portion of a subscription billing cycle
  
  

• Upgrades, downgrades, or changes between subscription tiers
  
  

• Conversions from a free trial or promotional period to a paid subscription

The Platform may, at its sole discretion, offer goodwill adjustments in exceptional circumstances; however, such gestures are not binding, not guaranteed, and do not establish any precedent for future claims. You remain responsible for managing your subscription and ensuring cancellations are completed before the next billing cycle to avoid charges.

5.4) Automatic Renewals, Limited Offers, & Trial Conversions

Unless otherwise specified at the time of purchase, subscriptions automatically renew at the end of each billing period at the then-current subscription rate. You authorize the app store provider to automatically charge your payment method on a recurring basis until you cancel your subscription through your device’s subscription management settings.

The Platform may, at its discretion, offer limited-time promotional pricing, discounts, or grandfathered subscription rates. Such offers may be modified, revoked, or discontinued at any time without prior notice. There is no guarantee that any promotional or grandfathered pricing will remain available indefinitely, and continued access to the Platform does not create an entitlement to retain any previously offered pricing beyond the terms specified at the time of the offer.

If a limited free trial or promotional period is offered, you may be required to provide payment authorization at the start of the trial. Unless you cancel prior to the end of the trial period, the subscription will automatically convert to a paid subscription, and the applicable fees will be charged. Eligibility for promotions or trials may be limited by region, account status, or app store policies.

5.5) Price Changes

The Platform may modify subscription pricing at any time, in accordance with applicable law and app store policies. Any price changes will be communicated via the app store provider and will take effect at the next renewal period following notice.

In certain cases, the Platform may allow existing subscribers to retain their current subscription rate, or “grandfather” their pricing, for a limited period or until cancellation. Whether grandfathered pricing applies, and for how long, is determined at the Platform’s sole discretion and may vary based on subscription tier, account history, or other relevant factors.

If you do not agree to a change in subscription fees and grandfathering does not apply, you must cancel your subscription prior to the next billing cycle to avoid being charged the new rate. Continued use of the Platform after a renewal charge constitutes acceptance of the updated pricing.

5.6) Cancellations, Terminations, & Billing Responsibility

You may cancel your subscription at any time through your device’s subscription management settings in the Apple App Store or Google Play Store. However, it is important to note that deleting the app itself, or deleting its data, does not automatically cancel your subscription. You also will still require an active paid plan to be able to use imported/exported app data on the current or new devices. 

Cancellation will take effect at the end of your current billing period unless otherwise specified by the app store provider. Upon cancellation, you will retain access to subscription features until the end of the paid period.

You are responsible for maintaining control over your device, app store credentials, and any accounts associated with subscription access. Unauthorized use of your device or account that results in charges will be considered authorized unless disputed through the appropriate app store channels, and may also require sufficient evidence for the claims. 

5.7) Taxes

Subscription fees may be subject to applicable taxes, including sales tax, value-added tax (VAT), goods and services tax (GST), or similar charges, depending on your jurisdiction. These taxes may be calculated and collected by the app store provider. You are responsible for all taxes arising from your subscription purchase, as determined by your local laws or regulations.

6) PROHIBTED USE

The following conduct is strictly prohibited and constitutes a material breach of this Agreement:

1. Unauthorized Access or Interference: Attempting to access portions of the Platform not intended for you, bypassing authentication, scraping data, reverse engineering, decompiling, hacking, or otherwise compromising the Platform’s integrity.
   
   

2. Misuse of Platform Content: Copying, reproducing, distributing, selling, licensing, or otherwise exploiting any Platform content, intellectual property, or derivative works, except as explicitly permitted under this Agreement.
   
   

3. Competitor Restrictions: You acknowledge that representatives, employees, or affiliates of competing platforms, products, or services are strictly prohibited from accessing, using, or attempting to reverse engineer the Platform. This includes, but is not limited to, viewing, reproducing, analyzing, or incorporating any specific Platform content, features, methodologies, interfaces, or technical elements into competing services or platforms.
   
   

4. Harmful or Illegal Conduct: Using the Platform to create, store, transmit, or facilitate material that is illegal, fraudulent, harassing, defamatory, obscene, threatening, infringing, irrelevant, or otherwise objectionable.
   
   

5. Customer or Employee Sabotage: Using the Platform to intentionally mislead, harm, or disrupt your own customers, employees, or third parties, including falsifying operational data, creating irrelevant or excessive datasets, or engaging in any manipulative conduct that undermines business processes.
   
   

6. Unauthorized Business Intelligence Gathering: Attempting to monitor, collect, or analyze Platform performance or content for the purpose of creating competing platforms, products, services, or internal tools.

Any breach of these prohibitions may result in immediate termination of access to the Platform, legal action, and liability for any resulting damages, including attorneys’ fees, court costs, and lost profits. We reserve the right to monitor and investigate suspected breaches and enforce these restrictions to the fullest extent of the law.

7) User Content & User Responsibility 

You are solely responsible for any information, data, or materials you enter, upload, submit, or otherwise transmit through the Platform, including text, images, documents, operational data, customer information, employee information, scheduling information, and any other content (“User Content”). By submitting User Content, you represent and warrant that you have all necessary rights, consents, and authorizations to provide such information and that it does not violate any applicable law, regulation, or the rights of third parties.

You retain ownership of your User Content, subject to the license you grant the Platform. By using the Platform, you grant the Platform a non-exclusive, worldwide, royalty-free license to use, store, reproduce, process, transmit, and display User Content solely for the purpose of providing, maintaining, and improving the Platform’s services. This license does not permit the Platform to sell or otherwise exploit your User Content outside the scope of service provision.

You acknowledge and agree that:

• The Platform has no obligation to monitor, edit, or verify User Content.
  
  

• We may remove, restrict, or disable access to any User Content that we determine, at our sole discretion, violates these Terms, is misleading, illegal, abusive, or otherwise objectionable.
  
  

• Any reliance on information entered by other users or derived from the Platform is at your own risk.

You are responsible for ensuring that your User Content does not compromise the privacy, safety, or operational integrity of your own customers, employees, or third parties. Misuse, falsification, or manipulation of operational data, records, or scheduling information may result in suspension, termination, or legal action.

Furthermore, you agree that the Platform may use anonymized or aggregated User Content to analyze trends, improve functionality, develop new features, or conduct internal research. Such usage does not constitute a transfer of ownership and does not include personally identifiable information unless consented to or required by law.

You are solely responsible for maintaining your own backups or copies of User Content. While the Platform offers tools for exporting or storing data, we do not guarantee preservation of User Content in any specific form or for any duration, including in the event of technical failures, service interruptions, business transfers, or platform closure.

8) Termination Grounds

The Platform reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Platform, in whole or in part, immediately and without prior notice, for any reason, including but not limited to:

1. Violation of Terms: Any breach of this Agreement, including the Subscription & Billing terms, Prohibited Use provisions, or any other obligations described herein.
   
   

2. Unauthorized Use: Attempted or actual unauthorized access, hacking, reverse engineering, scraping, or any misuse of the Platform or its intellectual property.
   
   

3. Conflicting Interests: Access by individuals or entities representing competing platforms, products, or services, including employees, contractors, or affiliates, regardless of intent.
   
   

4. Business Misconduct: Conduct that is fraudulent, manipulative, disruptive, or otherwise harmful to the Platform, its operations, employees, or other users.
   
   

5. Non-Payment: Failure to maintain an active subscription, including failed billing attempts or invalid payment methods, in accordance with the Subscription & Billing Terms.

6. Regulatory or Legal Requirement: Where access must be restricted to comply with applicable laws, regulations, or court orders.

Termination does not relieve you of obligations incurred prior to termination, including financial obligations, indemnification responsibilities, or liability arising from breaches of this Agreement.

Upon termination, all licenses granted under this Agreement immediately cease. You must discontinue all use of the Platform and remove any copies of the Platform from your devices.

We may, but are not obligated to, provide notice of termination or suspension. Any reinstatement of access after termination is solely at the Platform’s discretion and may require resolution of outstanding obligations, including payment of fees, acknowledgment of updated Terms, or assurances of compliance with prohibited use provisions.

You acknowledge that termination or suspension may result in loss of access to operational data or User Content, and the Platform is not liable for any such loss. It is recommended that you maintain independent records or backups of any operational data to which you have access.

9) Disclaimers

The Platform and all associated content, features, and services are provided “as-is” and “as-available”, without representations or warranties of any kind, whether express, implied, statutory, or otherwise.

The Platform expressly disclaims all warranties, including, but not limited to:

• Fitness for a particular purpose, including suitability for your business objectives or operational requirements.
  
  

• Accuracy, completeness, or reliability of information, analytics, reports, or operational guidance generated by or displayed through the Platform.
  
  

• Uninterrupted, error-free, or fully secure access, including protection from bugs, service outages, downtime, or data loss.
  
  

• Compatibility with your hardware, software, operating system, or third-party services.

To the maximum extent permitted by law, the Platform does not assume liability for any direct or indirect damages, including, without limitation, lost profits, revenue, data, business opportunities, or other consequential losses arising from the use or inability to use the Platform.

Certain jurisdictions do not allow the exclusion of implied warranties or limitations on liability, so portions of this disclaimer may not apply to all users. Where such disclaimers are unenforceable, the Platform’s liability shall be limited to the fullest extent permitted by applicable law.

In terms of platform continuity, the Platform, its affiliates, or related services may be subject to restructuring, sale, acquisition, permanent closure, or bankruptcy at any time. The Platform makes no representation or guarantee regarding its long-term availability or permanence. In such events, subscription access, grandfathered pricing, or user data may be modified, transferred, or permanently lost, and the Platform shall not be liable for any resulting loss, inconvenience, or damages. Users are encouraged to maintain independent records, backups, and exports of operational data to mitigate the risk of loss due to business changes. The Platform may take reasonable steps to inform users of such situations to provide transparency and transition times.

You overall acknowledge and agree that reliance on the Platform is voluntary, and all business, operational, or financial decisions made based on the Platform are your sole responsibility. Users are responsible for conducting due diligence, validating operational data, and assessing suitability for their specific business purposes.

10) Limitation of Liability

To the fullest extent permitted by applicable law, you agree that the Platform, its affiliates, officers, employees, agents, licensors, and representatives shall not be liable for any direct, indirect, incidental, consequential, exemplary, special, or punitive damages arising out of or relating to:

• Your access to, use of, or inability to use the Platform;
  
  

• Any errors, omissions, interruptions, or failures in the Platform’s operation or services;
  
  

• Loss, corruption, or alteration of data, including User Content, operational records, or other information stored or transmitted through the Platform;
  
  

• Actions taken or decisions made based on the use of the Platform;
  
  

• Unauthorized access to or use of the Platform by third parties;
  
  

• Any damages related to your business operations, including lost revenue, lost profits, lost opportunities, or reputational harm.

Aggregate Liability: In no event shall the total aggregate liability of the Platform for any claims arising out of or relating to this Agreement or the Platform exceed the total subscription fees you have paid in the twelve (12) months immediately preceding the event giving rise to the claim.

Allocation of Risk: You acknowledge and agree that the Platform’s subscription fees are set with these limitations in mind and that these limitations are fundamental to the risk allocation between you and the Platform.

Exceptions and Local Law: Some jurisdictions do not allow the exclusion or limitation of certain damages or liability. Where such exclusions or limitations are not enforceable, the Platform’s liability shall be limited to the maximum extent permitted by law.

This Limitation of Liability section is intended to provide predictability and protection for both parties while emphasizing that reliance on the Platform is voluntary and must be paired with independent due diligence and operational safeguards.

11) Indemnification

You agree to defend, indemnify, and hold harmless the Platform, its affiliates, officers, employees, agents, licensors, and representatives from and against any and all claims, demands, losses, liabilities, damages, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

1. Your Breach of Terms: Any violation of this Agreement, including Subscription & Billing obligations, Prohibited Use, User Content responsibilities, or other contractual commitments;
   
   

2. Use of the Platform: Any activity or conduct arising from your access to or use of the Platform, whether authorized or unauthorized;
   
   

3. Third-Party Claims: Any claims, suits, or demands brought by third parties arising from your User Content, business activities, or any interactions facilitated through the Platform;
   
   

4. Unauthorized Access or Misuse: Any attempts by you to circumvent, manipulate, or exploit the Platform’s features, content, or intellectual property in violation of this Agreement;
   
   

5. Data or Operational Breaches: Any incidents caused by negligence, mishandling, or failure to follow operational safeguards related to the Platform.

You further agree to cooperate fully in the defense or settlement of any claim, at the Platform’s request, and to provide all reasonably requested information and assistance. The Platform reserves the right, at its sole discretion, to control the defense and settlement of any claim subject to indemnification.

This indemnification obligation survives termination of this Agreement and applies regardless of whether the claim arises during or after your use of the Platform. You acknowledge that this section is essential to protect the Platform from legal and financial risks associated with the use of its services, especially in a B2B operational context.

12) DISPUTES RESOLUTION & ARBITRATION

All disputes, claims, or controversies arising out of or relating to this Agreement, the Platform, your access to or use of the Platform, or any transactions associated with it (collectively, “Disputes”), shall be resolved exclusively through confidential, binding arbitration under the Arbitration Act, 1991 (Ontario), unless otherwise prohibited by law.

Key Provisions:

1. Arbitration Process:
   
   

   • Any arbitration shall be conducted by a single neutral arbitrator with expertise in technology, subscription-based platforms, or B2B software agreements.
     
     

   • The arbitration shall be conducted in Toronto, Ontario, unless both parties agree otherwise in writing.
     
     

   • The arbitrator shall apply Ontario law, consistent with this Agreement.
     
     

2. Individual Proceedings:
   
   

   • You and the Platform each waive the right to pursue any Dispute as a class action, collective action, or representative proceeding.
     
     

   • Arbitration must be pursued solely in your individual capacity.
     
     

3. Filing a Dispute:
   
   

   • Either party may initiate arbitration by providing written notice to the other party describing the nature of the dispute, the relevant facts, and the relief sought.
     
     

   • Prior to formal arbitration, the parties agree to a mandatory 30-day period of informal negotiation or mediation to attempt to resolve the dispute amicably.
     
     

4. Confidentiality:
   
   

   • The arbitration proceedings, any filings, evidence, decisions, and awards shall remain strictly confidential. Neither party shall disclose details to third parties except as required to enforce the award, comply with law, or protect legal rights.
     
     

5. Arbitration Award:
   
   

   • The arbitrator’s award shall be final, binding, and enforceable in any court of competent jurisdiction.
     
     

   • Costs of arbitration, including the arbitrator’s fees and administrative fees, shall be shared equally unless otherwise awarded by the arbitrator.
     
     

6. Exceptions:
   
   

   • Nothing in this Section prevents either party from seeking interim or provisional remedies from a court of competent jurisdiction where necessary to protect intellectual property, prevent unauthorized use, or preserve evidence pending arbitration.

13) Governing Law

This Agreement, including all matters related to your use of the Platform, shall be governed by, interpreted, and enforced in accordance with the laws of the Province of Ontario and applicable federal laws of Canada, without regard to conflict-of-law principles that might direct the application of laws of another jurisdiction.

By using the Platform, you expressly consent to the application of Ontario law and agree that any disputes, claims, or legal proceedings arising out of or relating to this Agreement shall be resolved exclusively as described in Section 12 (Dispute Resolution & Arbitration).

You acknowledge that local laws in your jurisdiction may impose additional obligations, and it is your responsibility to comply with any legal requirements when accessing the Platform from outside Ontario or Canada. The Platform makes no representation or warranty regarding compliance with foreign laws, and users access the Platform at their own risk.

For the avoidance of doubt, all regulatory, contractual, or statutory obligations of the Platform shall be interpreted under Ontario law. Any legal notice, claim, or other formal communication must comply with the notice procedures described in Section 17 (Contact Information) and shall be governed by Ontario procedural rules.

This Governing Law section ensures that all legal interpretation, enforcement, and dispute resolution aligns with Ontario law, providing predictability and minimizing jurisdictional conflicts for both the Platform and its users.

14) Amendments

The Platform reserves the right to modify, amend, or update this Agreement at any time, including but not limited to terms governing subscriptions, fees, access, or platform functionality.

Key Provisions:

1. Notice of Changes:
   
   

   • Material changes to the Terms will be communicated through the Platform and may also be delivered via email if an address is provided.
     
     

   • Users are responsible for reviewing the Terms periodically to remain informed of any updates.
     
     

2. Effect of Continued Use:
   
   

   • Continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.
     
     

   • If you do not agree to updated Terms, you must immediately discontinue using the Platform and, if applicable, cancel your subscription through the app store.
     
     

3. Retroactive Application:
   
   

   • Changes to these Terms may be applied retroactively only to the extent permitted by law and necessary to comply with regulatory requirements, legal obligations, or to protect the Platform from abuse or fraud.
     
     

4. Integration with Other Policies:
   
   

   • Changes to these Terms may also incorporate updates to the Privacy Policy or Subscription & Billing Terms.
     
     

   • You acknowledge that modifications to other incorporated policies may indirectly affect your rights and obligations under this Agreement.

15) Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court or arbitration tribunal of competent jurisdiction, such determination shall not affect the validity, legality, or enforceability of any other provision of this Agreement.

The invalid, illegal, or unenforceable provision shall be enforced to the maximum extent permitted by applicable law, and the parties shall negotiate in good faith to replace the unenforceable provision with a valid provision that most closely achieves the original intent.

This section ensures that the remainder of the Agreement remains binding and that the overall contractual framework is preserved, even in jurisdictions with stricter statutory or consumer law constraints.

16) Entire Agreement

This Agreement, together with the Privacy Policy and the incorporated Subscription & Billing section, constitutes the entire understanding and agreement between you and the Platform regarding the subject matter herein.

It supersedes and replaces all prior or contemporaneous agreements, representations, warranties, understandings, or communications, whether written, electronic, or oral, regarding the Platform or your use thereof.

By agreeing to this Agreement, you acknowledge that you are not relying on any statements, promises, guarantees, or representations not expressly included herein. This section is intended to prevent claims based on informal communications or prior understandings outside this Agreement.

17) Contact Procedures

For questions, concerns, technical issues, or legal notices relating to this Agreement, the Platform, or any other matters concerning your use of the Platform, you may contact us through the in-application support form located in the Menu under “More Info” → "HELP & SUPPORT."

All inquiries submitted via the support form will be reviewed by authorized representatives. We may respond through the Platform, email (if provided), or other reasonable communication channels.

You agree that notices sent through the support form or via email are deemed received upon transmission, unless delivery failure is indicated. This ensures timely communication and creates a clear record of interactions with the Platform’s representatives.

Email us at support@servbase.app