ServicePower HUB

Terms and Conditions

Last Updated: November 13, 2023

These Terms and Conditions (these “Terms”) are a legally binding contract and govern your access to, and use of, the sites, applications, tools and services, including, but not limited to, hub.servicepower.com (collectively, the “ServicePower Platform”) offered by ServicePower, Inc., a Delaware corporation (“ServicePower”, “we”, “us” or “our”).

The ServicePower Platform is a digital field service business management system for businesses and service providers (each, a “Servicer”, “you” or “your”) that can be accessed online through our websites, and through our mobile application (collectively, the “ServicePower Services”).

These Terms provide important information, including your agreement to limit our liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and ServicePower by binding individual arbitration.

By using the ServicePower Services, you agree to be bound by these Terms. Thus, it is important that you carefully read and understand these Terms. If you do not agree to these Terms, you should not use the ServicePower Services.

  1. Using ServicePower Services. We provide you with a variety of materials and capabilities through the ServicePower Services. In connection with your use of the ServicePower Services, you may receive communications from us, such as service updates, administrative messages, and other issues related to your account. These communications are considered part of the use of the ServicePower Services and you will not be able to opt out of receiving them. In addition, you may elect to subscribe to our mailing lists and newsletters. You can choose to unsubscribe from receiving these emails by clicking “Unsubscribe” or changing your email settings in your account.
  2. Additional Policies. When using any particular ServicePower Service, you are subject to any applicable guidelines, rules and/or additional terms and conditions that may be posted on www.ServicePower.com from time to time. All such additional terms are hereby incorporated by reference into these Terms. To the extent of any inconsistency between any provision of these Terms and any additional terms, the provision(s) of these Terms shall control.
  3. Registration and Creating an Account; Account Terms.
    • Creating an Account. In order to access the ServicePower Services, you must create an account (an “Account”). When you create an Account, you will be required to provide information about yourself, including your name, a valid email address, information about your business, phone number, and a strong password, as well as additional information to allow us to verify the identity of your ultimate beneficial owner, such as your and/or your business’ taxpayer ID number (SSN, EIN and/or ITIN), or your account information (collectively, your “Registration Information”). Any use of the ServicePower Services by anyone under the age of 18 is prohibited.
    • Registration Information. You promise that any Registration Information you give to us will be accurate, correct and up to date and that you will update your Registration Information with us to keep it accurate, correct and up to date. Without limiting the generality of the foregoing, you agree to notify ServicePower promptly if any of your Registration Information, including your email address, changes.
    • Passwords. You are responsible for maintaining the confidentiality of passwords associated with any Account you use to access the ServicePower Services. Accordingly, you will be solely responsible to us for all activities that occur under your Account. ServicePower is not liable for any Losses (as hereinafter defined) caused by your failure to maintain the confidentiality of your Account credentials. If you become aware of any unauthorized use of your password or of your Account, you promise to notify us immediately and take reasonable steps to prevent such misuse.
    • Sharing of Information. In order to use certain functionality within the ServicePower Services, you may be required to share sensitive information (such as conversion files or customer lists) through external, third-party accounts. We promise to take commercially reasonable steps to limit the scope of and secure this information as described in “Security” below. The methods for securing such information may differ based on the particular requirements of the applicable third-party account provider and the manner in which such accounts interface with the ServicePower Services.
    • Account Access. We reserve the right to accept or refuse to accept any potential customer or Account. We have the sole and absolute discretion to decide whether to allow you to register, renew, or use the ServicePower Services, subject to applicable law. In addition, we reserve the right to terminate our relationship with you for any reason as stated in the “Term, Termination and Cancellation” section. ServicePower may remove Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
  4. Changes to these Terms or the ServicePower Services. ServicePower reserves the right to update and change these Terms at any time, in our sole discretion. In addition, we may change or stop providing the ServicePower Services as stated in the “Term, Termination and Cancellation” section. All new features that augment or enhance the current ServicePower Services, including the release of new tools and resources, will be subject to these Terms. All changes to these Terms will take effect immediately across the ServicePower Services when posted on the ServicePower Platform. Continued use of the ServicePower Services after any such changes shall constitute your consent to said changes to these Terms. However, any changes to the “Governing Law” and “Agreement to Arbitrate” sections below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted through the ServicePower Services.
  5. Your Privacy. You acknowledge and agree that any personal information that you provide or that we collect in connection with the ServicePower Services, including, without limitation, the Registration Information, will be subject to our Privacy Policy, which can be found at https://www.ServicePower.com/privacy-policy. Our Privacy Policy is incorporated into these Terms.
  6. Payment Information.
    • General. A valid debit card, credit card, or bank account information may be required to use some of the ServicePower Services. If you connect your debit card, credit card, or bank account information to your Account, you understand and agree that we may use this information to bill you for the Services, and as described in these Terms and in our Privacy Policy. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party payment processors.
    • Accuracy of Payment Information. By providing your debit card, credit card, bank account or other Payout Method (as hereinafter defined) information, you represent, warrant and covenant that: (i) you are legally authorized to provide such information, (ii) you are legally authorized to approve transactions with respect to such debit card, credit card, or bank account, and (iii) such actions do not violate the terms and conditions applicable to your use of such Payout Method or applicable law.
  7. Servicer Terms.
    • General. The ServicePower Platform offers you, as a Servicer, the ability to manage service calls, claims, and work orders from your customers (each, a “Customer”), dispatch and coordinate your technicians, and receive payment for your services (your “Services”).  
    • Service Contracts. When you, a Servicer, accept a service call through the ServicePower Platform, you are entering into a contract (a “Service Contract”) directly with the applicable Customer, and are responsible for delivering your Services under the terms and at the price agreed to with such Customer. ServicePower is not a party to any such Service Contract and the formation of a Service Contract will not, under any circumstances, create an employment or other service relationship between ServicePower and any Servicers, nor will it create an employment relationship between a Servicer and its Customer. Neither Servicers nor Customers have authority to enter into written or oral - whether implied or express - contracts on behalf of ServicePower. Your relationship with ServicePower is that of an independent individual or entity and not an employee, joint venturer, or partner of ServicePower. ServicePower does not direct or control your Services, and you agree that you have complete discretion whether and when to provide your Services to Customers, and at what price and on what terms to offer them. You are solely responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to the provision of your Services to your Customers. No Service Contract will expend the obligations or reduce the rights of ServicePower hereunder and ServicePower’s role, beyond providing the ServicePower Services, is to act as a limited payment collection agent for Servicers to facilitate payment for such Servicer’s Services on behalf of such Servicer through our Payment Services (as defined below) using the PSP (as defined below).
    • Servicer Team Members. You are solely responsible and liable for your own acts and omissions and for the acts and omissions of anyone you allow to participate in providing your Services to your Customers. If you work as part of a team, business, or other organization, the entity and each individual who participates in providing your Services (each, a “Servicer Team Member”) is responsible and liable as a Servicer under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct ServicePower to transfer a portion of your payout to third parties, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
    • Taxes. As a Servicer, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, income, or other taxes.
  8. Payment Services.
    • General. Subject to the satisfaction of the eligibility requirements set forth below, Servicers may elect to receive payment solutions through the ServicePower Services, which may include (if available) the following (collectively, the “Payment Services”):
      • Collecting payments from your Customers using solely the third party payment service provider (the “PSP”) approved by ServicePower from time to time by charging the payment method such Customer provides, such as ACH, credit card, debit card, or bank account (a “Payment Method”);
      • Effecting payments to Servicers (each, a “Payout”) using the PSP selected by ServicePower to a financial instrument associated with such Servicer’s Account, such as a bank account (a “Payout Method”); and
      • Other payment-related services in connection with your Services.

By opting into such Payment Services, you agree to comply with these Terms.

  • Eligibility for Payment Services.
    • In order to use the Payment Services, you must (i) be an individual of at least 18 years of age and able to form legally binding contracts under applicable law, (ii) have a valid and active e-mail address, (iii) use the Payment Services on behalf of a United States-domiciled business entity or as a freelancer. You authorize ServicePower, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (a) screening you against third-party databases or other sources, (b) requesting reports from service providers, (c) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (d) requiring you to take steps to confirm ownership of your email address and bank account information. ServicePower reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
    • All payments for Services from Servicers must be paid through the PSP. Customers of your Services will be required to provide their Payment Method details to the PSP. Servicers may be required to set up an account with the PSP, which may require any or all of the following: registration with the PSP, agreement with the terms of service of the PSP (the "PSP Services Agreement"), and completion of a vetting process and/or account validation at the request of the PSP. By accepting these Terms, each Servicer agrees that they have downloaded or printed, and reviewed and agreed to, the relevant PSP Services Agreement, as required by the PSP. ServicePower is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that ServicePower has no obligations, responsibility or liability to any Servicer or other party under the PSP Services Agreement.
    • To help prevent fraud and safeguard User information from the risk of unauthorized access, ServicePower and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the Servicers or Customer and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary depending on the estimated value of the Service transaction.
  • Appointment of ServicePower as Agent; Invoicing and Payment Procedure.
    • You, as a Servicer, on behalf of yourself and each of your Servicer Team Members, hereby appoints ServicePower as your payment collection agent solely for the limited purpose of accepting and processing funds from Customers purchasing your Services (“Charge(s)”) on your behalf. Thus, as part of the Payment Services, when you enter into a Service Contract with a Customer through the ServicePower Services that creates a Charge, ServicePower will invoice the applicable Customer through the PSP under ServicePower’s own name, take receipt of the funds associated with the Charge from such Customer as your agent and assign an associated amount to your Account.
    • You, as a Servicer, on behalf of yourself and each of your Servicer Team Members, agree that payment made by a Customer to ServicePower shall be considered the same as a payment made directly to you, and such Customer’s payment obligation for your Services will be satisfied upon ServicePower’s receipt of such payment, as if you had received the payment directly from such Customer. ServicePower, and not the Customer, shall be solely liable for making payment to you for your Services; provided, however, that you, as a Servicer, on behalf of yourself and each of your Servicer Team Members, agree that ServicePower’s obligation to pay you is subject to and conditional upon successful receipt of the associated payments from your Customer, and ServicePower guarantees payments to Servicers only for such amounts that have been successfully received by such Servicer’s Customers in accordance with these Terms.
    • Servicer agrees that ServicePower may refund a Customer in accordance with these Terms.
    • In accepting appointment as the limited payment collection agent of each Servicer, ServicePower assumes no liability for any acts or omissions of such Servicer. ServicePower does not have responsibility nor will have liability for any consequences resulting from your interactions or contracts with any Customer, including but not limited to payment terms, the proper and timely delivery of goods or services, and any associated disputes which may arise.
    • If ServicePower or the PSP has reason to believe that you as a Servicer participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and ServicePower released the Payout for such Services, ServicePower may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you, in addition to any other rights or remedies available to ServicePower at law or in equity.
  • Payouts.
    • In order to receive a Payout, you, as a Servicer, must have a valid Payout Method linked to your Account. When you add a Payout Method to your Account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to ServicePower or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as, without limitation, residential address, name on the designated payout account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information ServicePower or the PSP requires for a valid Payout Method may change, and ServicePower and the PSP may request additional information at any time; failing to provide requested information may result in ServicePower temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize ServicePower to collect, store and disclose your Payout Method information in accordance with our Privacy Policy. ServicePower is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
    • You acknowledge and agree that the full amount of our fee to use the ServicePower Services may be deducted from Payouts disbursed to your Payout Method.  
    • For compliance or operational reasons, ServicePower may limit the amount of a Payout. If you are due an amount above that limit, ServicePower may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
    • The PSP may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and ServicePower is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use pursuant to the PSP Services Agreement. Please review them before using your Payout Method.
  • Refunds.
    • Servicers are solely responsible for all customer service policies and issues relating to your Services, including cancellations or no shows by you or a Customer, refunds and adjustments, warranty, technical support, and feedback concerning experiences with your Servicer Team Members, policies or processes. In performing customer service, Servicers must always present themselves as a separate entity from ServicePower.
    • ServicePower will refund a Servicer’s Customers only pursuant to, and in accordance with a refund request submitted by the applicable Servicer through the ServicePower Platform; provided, however, that ServicePower will not have any obligation to issue any refund in excess of $250 unless your Account balance is sufficient to cover the entire amount of such refund. However, Servicers may still be subject to a Chargeback (as defined below) in such situations.
    • There may be times when your Customer may not be the authorized user of the Payment Method used to pay for your Services, or your Customer may otherwise contest the transaction. In these instances, the applicable Charge may be reversed or charged back to your Account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the PSP, or a Customer or its financial institution (including a Customer’s credit card company), (c) was not authorized or ServicePower has any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of these Terms.
    • Servicers hereby agree that by using the Payment Services, you authorize us to recover all amounts refunded to any Customer, whether pursuant to a refund initiated by you or a Chargeback, from you in accordance with these Terms (“Recovery Authorizations”). Recovery Authorizations include, without limitation, authorization of ServicePower to debit, charge, setoff against and otherwise recover funds from any Account or any Payment Method linked to or registered in your Account. You agree to comply with the Chargeback process and to the liability associated with such Chargebacks. Without limiting the generality of the forgoing, you, as a Servicer using the Payment Services, grant us Recovery Authorizations concerning Chargebacks pursuant to which we may recover the amount of any Chargeback and any associated fees, fines, or penalties assessed by the Customer’s Payment Method or financial institution or the PSP. If you have pending Chargebacks, we may delay Payouts from your Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from Payouts otherwise due to you until such time that (a) a Chargeback is assessed due to a Customer complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which your Customer may dispute that the transaction has expired, or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
    • Servicers will be charged a $15 fee by ServicePower for each Chargeback assessed against such Servicer’s Account (a “Chargeback Fee”). Chargeback Fees may either be deducted from a Payout due to such Servicer or billed to the payment method on file with such Servicer’s Account, in any case, in ServicePower’s sole discretion.
  • Payment Errors.
    • ServicePower will use commercially reasonable efforts to take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by ServicePower or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
    • To the extent you receive any funds in error, you agree to immediately return such funds to ServicePower.
  • Abandoned Property. If ServicePower holds funds due to you (e.g., because we are unable to issue you a Payout) for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
  1. Restricted Activities.
    • General. You agree not to use the ServicePower Services, or assist others in using the ServicePower Services, in each case, to do any of the following (collectively, the “Restricted Activities”):
      • breach or circumvent any applicable laws or regulations;
      • breach or circumvent any agreements with third parties, third-party rights, or these Terms or our Privacy Policy;
      • use the ServicePower Services for any commercial or other purposes that are not expressly permitted by these Terms;
      • register or use any Payment Method or Payout Method with your Account that is not yours or you do not have authorization to use;
      • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ServicePower or any of ServicePower’s third party providers or any other third party to protect the ServicePower Services;
      • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the ServicePower Services;
      • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the ServicePower Services;
      • violate or infringe anyone else’s rights or otherwise cause harm to anyone;
      • send or receive potentially fraudulent funds;
      • conduct any activity regulated by the Financial Crimes Enforcement Network (FinCEN) or any other relevant regulatory body;
      • make any statements that are defamatory, libelous, threatening or harassing;
      • provide outdated, false, inaccurate, or incomplete information;
      • facilitate viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
      • use any robot, spider, other automatic device, or manual process to access, monitor or copy the ServicePower Services;
      • take any action that may cause us to lose any of the services provided by to us by third parties, payment processors, or other suppliers; or
      • resell, re-skin, or otherwise distribute the ServicePower Services.
    • Remedies. If we have reason to believe that you have engaged in any Restricted Activities or that you have used the ServicePower Services inappropriately, ServicePower reserves the right to, in its sole discretion and at any time, take any or all of the following actions, in addition to any other remedies available at law or in equity:
      • Close, suspend, or limit your access to your Account or the ServicePower Services;
      • Hold, return, or reclaim funds;
      • Update inaccurate information you provided to ServicePower;
      • Refuse to provide ServicePower Services to you or related parties in the future;
      • Contact your bank or notify your Customers, law enforcement, or impacted third parties of your actions; and
      • Take legal action against you.
  1. Restrictions on Method of Access. You promise not to access (or attempt to access) any of the ServicePower Services by any means other than through the interface(s) that are provided by us and not in a manner that exceeds your authorization regarding such interface(s). Without limiting the generality of the foregoing, you specifically promise not to access (or attempt to access) any of the ServicePower Services through any automated means (including use of scripts or crawlers) other than customary indexing of content by search engines. Similarly, you promise that you will not provide any third-party access to material on the ServicePower Services (or facilitate their attempt to access) by any means other than through the interface that is provided by us.
  2. Third Party Sites/Services.
    • Linked Sites. The ServicePower Services may include links to other websites or services (including, but not limited to, social networks advertisements and payment providers) (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by ServicePower of any third party, third-party websites or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and User Agreement/Terms posted by any such third party or Linked Sites.
    • Disclaimer of Liability for Linked Sites. The information, products, materials and services on Linked Sites are not under the control of ServicePower and ServicePower does not provide or endorse any such Linked Sites or the information, products, materials or services contained on or available or accessible on or through any Linked Sites. ServicePower is not responsible if any Linked Site is not functioning properly. ServicePower makes no express or implied warranties with regard to the information, products, materials or services that are contained on or accessible through any Linked Sites. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, are solely at your own risk, and you acknowledge and agree that ServicePower is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Services or available through any third-party platforms.
    • Business with Third Parties. Your correspondence or business dealings with, or participation in promotions of, any advertisers found on or through the ServicePower Services, are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Services or available on or through any third-party platform, or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. ServicePower is neither responsible nor liable for any part of such dealings with any third parties, including any promotions.
  3. Copyright and Ownership. ServicePower or its suppliers own the intellectual property rights to any and all protectable components of the ServicePower Services, including, but not limited to, the name of the ServicePower Services, artwork and end-user interface elements contained within the ServicePower Services, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the ServicePower Services which ServicePower or its suppliers own.
  4. Copyright Policy/Intellectual Property Policy. We respect the intellectual property rights of others and expect users of the ServicePower Services to do the same. We will respond to notices of alleged intellectual property infringement, including but not limited to copyright infringement, that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please submit a claim by e-mailing us or by writing to us at the contact information provided below.
  5. We care about the security of our users. We promise to take commercially reasonable steps to preserve the confidentiality of your information. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
  6. Term, Termination and Cancellation.
    • Term. These Terms are effective from the date that you first access the ServicePower Services or submit any information to ServicePower, whichever is earlier, and will remain effective until terminated in accordance with this Section 15, except for those terms that are intended to survive termination.
    • Cancellation of Accounts. Other than ServicePower as stated in these Terms, the Account owner is the only person who can cancel an Account. You are solely responsible for providing written communication to cancel your A Once your Account is cancelled, all your account information will be permanently deleted. You won’t be charged after your official cancellation date with the exception of outstanding payments owed or charges already incurred or which originate from the ServicePower Services rendered prior to the date of termination.
    • Termination. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ServicePower Services or any part or portion thereof, with or without notice to you, for any legal reason, including but not limited to a belief that you are using the ServicePower Services for illegal purposes or in connection with activities that we determine could expose us to liability or may be harmful to our or our reputation. Except where such termination is due to your breach of these Terms or other ServicePower policies or where necessary for security purposes, ServicePower will attempt to give at least thirty (30) calendar days’ notice prior to termination of the ServicePower Services, where such termination is reasonably foreseeable. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be construed to obligate ServicePower to maintain or support the ServicePower Services, or any part or portion thereof, during the term of these Terms. Upon termination, your right to use the ServicePower Services will cease immediately. All disclaimers, limitations of liability, rights of ownership and licenses to ServicePower will survive any termination.
  7. Disclaimer of Warranties; Limitation of Liability.
    • No Guaranty.
      • We try to keep the ServicePower Services safe, secure, and functioning properly, but we cannot guarantee the safety, continuous operation of or access to such ServicePower Services.
      • By using the ServicePower Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable. We provide no guarantees regarding the content posted by other users or third parties.
      • You understand that ServicePower uses third-party vendors and hosting partners to provide necessary hardware, software, information, networking, storage, and related technology to run the ServicePower Services ,and ServicePower makes no representations or warranties about the safety, continuous access or functionality of any such third-party technology.
    • LIMITATIONS ON LIABILITY.
      • THE SERVICEPOWER SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN”AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SERVICEPOWER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
      • WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICEPOWER SERVICES OR ANY CONTENT PROVIDED BY THE SERVICEPOWER SERVICES; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICEPOWER SERVICES EXCEPT WHERE SUCH HARM IS THE RESULT OF SERVICEPOWER’S INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE OR OTHERWISE RESULTS FROM A VIOLATION BY SERVICEPOWER OF THESE TERMS; (III)THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS THROUGH THE SERVICEPOWER SERVICES; AND (IV) WHETHER THE SERVICEPOWER SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, IN ANY EVENT, EXCEPT WHERE THE APPLICABLE HARM WAS CAUSED BY SERVICEPOWER’S GROSS NEGLIGENCE OR INTENTIONAL WRONGDOING OR AS OTHERWISE STATED IN THESE TERMS.
      • TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICEPOWER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL SERVICEPOWER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICEPOWER SERVICES EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00). YOU MAY NOT CREATE NEW OR DUPLICATIVE ACCOUNTS TO ATTEMPT TO CIRCUMVENT THIS LIMITATION OF LIABILITY.
      • THE LIMITATIONS ON LIABILITY UNDER THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT SERVICEPOWER HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
      • Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
    • By Servicer. As a condition of your access to and use of the ServicePower Services, you will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal fees (collectively, “Losses”) due to or arising out of your breach of these Terms, your improper use of the ServicePower Services or your breach of any law or the rights of ServicePower or any third party.
    • By ServicePower. ServicePower will indemnify and hold you harmless from any Losses arising out of a claim by any third party due to or arising out of ServicePower’s breach of these Terms or for intellectual property infringement based on ServicePower failing to obtain all ownership and/or license rights for intellectual property incorporated by ServicePower into the ServicePower Services where ServicePower knew or should have known that it was infringing on such third party’s intellectual property rights.
  2. General Conditions.
    • Severability. If any provision of these Terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
    • Assignment. Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. In our sole discretion, we may assign these Terms without your consent.
    • Headings. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
    • Entire Agreement. These Terms, any Service-specific terms, our Privacy Policy, and any applicable authorization and opt-in for applicable payment methods set forth the entire understanding between you and ServicePower as to the ServicePower Services and supersedes any prior agreements between you and ServicePower (including, but not limited to, prior versions of these Terms).
    • Contact. Any questions regarding these Terms should be addressed to:

ServicePower, Inc.
Attn: CFO
8180 Greensboro Drive, Ste 600
McLean, VA 22102

  • Agreement to Arbitrate.
    • PLEASE READ THIS PROVISION CAREFULLY, AS IT PROVIDES THAT ANY CLAIM MAY BE RESOLVED BY BINDING ARBITRATION AND THAT:
      • YOU ARE GIVING UP YOUR RIGHT TO RESOLVE YOUR CLAIMS AGAINST SERVICEPOWER IN COURT OTHER THAN AS STATED BELOW;
      • YOU ARE GIVING UP YOUR RIGHT TO A JURY IN ANY TRIAL TO RESOLVE ANY CLAIM ALLEGED AGAINST SERVICEPOWER; AND
      • YOU ARE GIVING UP YOUR RIGHT TO RESOLVE YOUR CLAIMS AGAINST SERVICEPOWER IN A CLASS ACTION LAWSUIT OR ABRITATION AND TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY REGARDING, AND/OR TO PARTICIPATE AS A MEMBER OF, A CLASS OF CLAIMANTS IN ANY LAWSUIT OR ARBITRATION FILED AGAINST SERVICEPOWER.
    • You and ServicePower each agree that any and all disputes or claims that have arisen, or may arise, between you and ServicePower (including any disputes or claims between you and a third-party agent of ServicePower) that relate in any way to or arise out of these Terms or previous versions of the Terms, your use of or access to the ServicePower Services, the actions of ServicePower or its agents, or any products or services sold, offered, or purchased through the ServicePower Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
    • Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can generally award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply these Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this Agreement to Arbitrate shall be for a court of competent jurisdiction to decide, if necessary.
    • The arbitration will be conducted by the American Arbitration Association (the “AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Section 18.6. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Section 18.6.
    • A party who intends to seek arbitration must first send to the other a completed Notice of Dispute (a “Notice”). The Notice to ServicePower should be sent to ServicePower at the address set forth in Section 18.5 ServicePower will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
    • If you and ServicePower are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or ServicePower may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. In the event ServicePower initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your ServicePower account. Any settlement offer made by you or ServicePower shall not be disclosed to the arbitrator.
    • The arbitration hearing shall be held in Fairfax County, Virginia, or at another mutually agreed location. If the value of the relief sought is $10,000 or less or is otherwise consented to by both parties, you or ServicePower may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and ServicePower, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or ServicePower may attend by telephone, unless the arbitrator requires otherwise.
    • The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same ServicePower user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    • Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section 18.6. If the value of the relief sought is $10,000 or less, at your request, ServicePower will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by ServicePower should be submitted by mail to the AAA along with your Notice and ServicePower will make arrangements to pay all necessary fees directly to the AAA. If (a) you fail to comply fully with the Notice requirement discussed above, or (b) the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ServicePower for all fees associated with the arbitration paid by ServicePower on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
  • Governing Law. These Terms, and any disputes arising hereunder, shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the principles of conflicts of law.
  • California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
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ServicePower is a leading field-service management software company focused on providing an exceptional customer experience, while delivering significant operational efficiencies. Trusted by field-service organizations around the world such as GE Appliances, LG, Hisense and AIG,  ServicePower offers the only SaaS platform that helps companies efficiently manage both employed and contracted technicians. ServicePower also offers a fully managed network of contracted service providers to enable on-demand and rapid field-service delivery in hard-to-reach locations across North America and Europe. 

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