Terms and conditions

Last modified: January 15, 2025

  • Our services
  • Property rights
  • Prohibited activities
  • Services management
  • Contact information

1. Our services

THESE TERMS OF SERVICE (“Agreement”) CONSTITUTE A BINDING CONTRACT BETWEEN THE APPLICABLE JOBZY ENTITY (“JOBZY”) AND THE MERCHANT ENTITY (“PRO”) THAT ENTER(ED) INTO THE SALES ORDER (DEFINED BELOW).

A “Sales Order” means as the case may be: (a) the offline sales order form (in)to which this Agreement is attached or incorporated, and which is executed by both parties (“Offline Form”); or (b) the Jobzy online sales web form, which is submitted by the Pro (“Online Form”). References herein to the “Agreement” shall be deemed to include the Sales Order.

BY ENTERING INTO THE SALES ORDER, OR BY OTHERWISE ACCESSING OR USING THE SERVICE (DEFINED BELOW), PRO ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THE FOLLOWING (THE DATE OF SUCH OCCURRENCE BEING THE “Effective Date”): (a) THIS AGREEMENT, AND (b) OTHER SUPPLEMENTAL TERMS AND POLICIES REFERENCED HEREIN, WHICH ARE STATED TO BE INCORPORATED INTO, AND MADE A PART OF, THIS AGREEMENT BY REFERENCE.

DEFINITIONS

– “Affiliate” means any person, organization or entity controlling, controlled by, or under common control with either party.

– “Consumer” means the Pro’s end user who engages the Pro via the Services.

– “Content” means any text, data, information, files, images, graphics, sounds, videos, code, audio clips, links, and/or other similar materials.

– “Feature” means any module, tool, functionality, or feature of the Service.

– “Free User” means an employee or contractor of Pro who does not have Pro User access to the Service.

– “Pro User” means an authorized employee, contractor, agent, or representative of Pro.

– “Service” means Jobzy’s proprietary field service management (FSM) software-as-a-service.

– “Service Package” means the volume and Feature permissions purchased under the Sales Order.

ACCOUNT ACCESS AND SECURITY

Pro must register for an account to access the Service. Pro is responsible for:

– Maintaining confidentiality of account credentials

– All activities occurring under the account

– Ensuring Pro Users comply with this Agreement

– Notifying Jobzy immediately of any unauthorized access

SUBSCRIPTION RIGHTS AND RESTRICTIONS

### 3.1 Subscription

Subject to this Agreement, Jobzy grants Pro a limited, non-exclusive license to:

– Access and use the Service for internal business purposes

– Download and use the Jobzy mobile app on devices owned/controlled by Pro Users

### 3.2 Free Trial

– 7-day free trial period may be offered

– No warranty or support obligations during trial

– Trial may be terminated at any time

– Not all features may be available during trial

### 3.3 Restrictions

Pro shall not:

– Copy or modify the Service

– Sell or distribute access to the Service

– Reverse engineer the Service

– Remove copyright notices

– Circumvent security features

– Create derivative works

FEES AND PAYMENT

### 4.1 Payment Terms

– Fees based on Service Package purchased

– Payments made in advance on recurring basis

– No refunds for prepaid fees

– Late payments subject to interest charges

### 4.2 Taxes

All fees exclusive of applicable taxes, duties, and charges.

DATA AND PRIVACY

### 5.1 Pro Content

Pro is solely responsible for:

– All content uploaded to the Service

– Obtaining necessary permissions

– Compliance with laws and regulations

– Security of Pro Content

### 5.2 Data Backup

Pro is responsible for maintaining backups of all Pro Content.

TERM AND TERMINATION

### 6.1 Term

Initial 12-month term with automatic renewal unless cancelled.

### 6.2 Termination

Jobzy may terminate:

– For convenience with pro-rated refund

– Immediately for breach of agreement

– For non-payment

– If Pro becomes insolvent

### 6.3 Effects of Termination

Upon termination:

– Access to Service ends immediately

– Pro must pay outstanding fees

– Pro Content may be deleted

– Confidentiality obligations continue

DISCLAIMERS

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

LIMITATION OF LIABILITY

JOBZY’S TOTAL LIABILITY SHALL NOT EXCEED FEES PAID IN PRIOR 3 MONTHS.

GOVERNING LAW

This Agreement is governed by California law. Disputes subject to courts in San Diego County, California.

GENERAL PROVISIONS

– Entire agreement between parties

– English language governs

– No assignment without Jobzy’s consent

– Independent contractor relationship

– Notices via email or Service

– No third-party beneficiaries

– Export compliance required

Last Updated: February 1, 2025