JobRev Terms of Service
Effective date: October 18, 2026
Last updated: October 18, 2026
Please read these Terms carefully. They include a binding individual arbitration agreement, a class action waiver, and a jury trial waiver (Section 26). You can opt out of arbitration within 30 days (Section 26.9). They also limit JobRev's liability (Section 24), require you to defend JobRev against claims about your own texts, emails, and customer dealings (Section 25), and shorten the time to bring claims to one year (Section 26.10).
These Terms of Service ("Terms") are a binding agreement between JobRev LLC, an Arizona limited liability company (Arizona Corporation Commission entity ID 25135935) ("JobRev," "we," "us," or "our"), and the business that creates or uses a JobRev account ("Shop," "you," or "your"). They govern your use of the JobRev website at jobrev.app and the JobRev software-as-a-service platform, including any mobile or web apps, features, and related support (together, the "Service").
How you accept. You accept these Terms by checking the box or clicking the button at sign-up that says you agree, or by using the Service. If you accept on behalf of a business, you confirm that you have authority to bind that business, and "you" means that business. If you do not have that authority or do not agree, do not use the Service.
Other documents that are part of these Terms: our Privacy Policy and our Data Processing Addendum ("DPA"). If these Terms and the DPA conflict on the processing of personal information in Customer Data, the DPA controls. Otherwise, these Terms control.
1. Definitions
- "Authorized Users" means the individuals you allow to use your account, such as owners, office staff, sales staff, foremen, and crew.
- "Customer Data" means information you or your Authorized Users submit to the Service about your customers, including names, phone numbers, email addresses, service addresses, job photos, estimates, invoices, e-signatures, messages, consent and opt-out records, and related records.
- "Customer Content" means Customer Data and all other content, files, photos, templates, and information you or your Authorized Users submit to the Service.
- "End Customers" means your customers and prospective customers whose information you store in, or who receive communications through, the Service.
- "Messages" means text messages (SMS/MMS), emails, push notifications, and other communications sent through the Service.
- "Third-Party Services" means products and services not provided by JobRev, such as Stripe, Twilio, Resend, Esri, OpenStreetMap, browser push services, and Intuit QuickBooks Online.
- "including" means "including without limitation."
2. Eligibility and scope
- Business use only. The Service is for contractor and field-service businesses. You confirm that you are using it for business purposes and not for personal, family, or household purposes, and that you are not acting as a consumer.
- Age 18+. You and every Authorized User must be at least 18 years old. The Service is not intended for or directed to children.
- U.S. only. The Service is offered only to businesses located in the United States, for communicating with End Customers in the United States.
- Not prohibited. You confirm that you have not previously been suspended or removed from the Service and that you are not barred from receiving services under U.S. law.
3. Accounts and security
- Your account, your responsibility. Each Shop has a separate account. You are responsible for all activity under your account, including everything your Authorized Users do, as if you did it yourself.
- Accurate information. You must provide accurate, complete account and business information and keep it current. We may rely on it, including for carrier registration (Section 8.8).
- Credentials. You must keep login credentials confidential, make sure each Authorized User has their own login, assign permissions appropriately, and promptly remove access for anyone who should no longer have it.
- Account control. The account belongs to the Shop, not to any individual. We may rely on instructions from your account owner or administrators. If people disagree about who controls an account, we may require proof of authority or suspend the account until the dispute is resolved.
- Report problems. Tell us promptly at support@jobrev.app if you suspect unauthorized access to your account.
- Our limits. We are not responsible for losses caused by unauthorized use of your credentials or by your Authorized Users, unless the loss is caused by JobRev's own breach of its security obligations.
4. Subscriptions, fees, and billing
This section applies if you subscribe to a paid JobRev plan.
- Fees. You agree to pay the fees for the plan you select, as shown at checkout or in the Service. Fees are billed in advance through JobRev's Stripe account and are stated in U.S. dollars. You authorize us (and Stripe) to charge your payment method for all fees when due.
- Automatic renewal. Paid subscriptions renew automatically at the end of each billing period for the same period length at the then-current price, and your payment method will be charged, until you cancel. We will show the price, billing period, and how to cancel before you subscribe.
- Renewal reminders for longer plans. For any plan with a billing period longer than one month, we will email the account owner a reminder at least 15 and no more than 30 days before the renewal date.
- Cancel anytime, online. You may cancel at any time in your account settings, or by emailing support@jobrev.app. Cancellation takes effect at the end of the current billing period, and you keep access until then.
- Refunds. Fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or downgrades, except as these Terms expressly provide or where the law requires.
- Price changes. We may change prices by giving you at least 30 days' notice before the change takes effect at your next renewal. If you do not agree, you may cancel before the change takes effect.
- Taxes. Fees do not include taxes. You are responsible for all applicable sales, use, and similar taxes, other than taxes on JobRev's income.
- Failed payments. If a payment fails, we may retry the charge. If the balance is still unpaid after we notify you, we may suspend paid features until payment is made.
- Billing disputes and chargebacks. If you believe a JobRev charge is wrong, contact us within 60 days of the charge so we can investigate. Please contact us before filing a chargeback. If you file a chargeback for fees you owe, we may suspend your account until it is resolved.
5. Payments from your customers (Stripe Connect)
- Your Stripe account. You may accept payments from End Customers through Stripe Connect. To do so, you must create or connect a Stripe account. Payments are made as direct charges on your own connected Stripe account, and you are the merchant of record for each payment. Your connected account is subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. By using Stripe Connect through the Service, you agree to those terms, as Stripe may modify them.
- JobRev never holds your funds. Stripe, not JobRev, processes payments. Funds go to your Stripe account, not to JobRev. JobRev is not a bank, money transmitter, or payment processor and does not hold, receive, or control your funds. JobRev does not store full card numbers.
- You are the merchant. As merchant of record, you are solely responsible for your sales to End Customers, including pricing, receipts, refunds, chargebacks, disputes, reversals, fraud losses, and taxes. Stripe's fees, payouts, reserves, holds, and account decisions are between you and Stripe. JobRev is not liable for any chargeback, refund, reversal, reserve, hold, or Stripe account action.
- No JobRev fee on payments. JobRev does not charge a platform or application fee on payments you collect through Stripe Connect. If we ever add one, we will update these Terms and give you at least 30 days' notice before it applies. You may stop using payments or cancel your account before then.
- Information sharing. You authorize JobRev to share with Stripe, and receive from Stripe, the information needed to set up your connected account and process and display payments.
6. Customer Content
- You own your Customer Content. As between you and JobRev, you keep all rights in your Customer Content, including your job photos.
- License to JobRev. You grant JobRev a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, modify (for example, to resize photos or format documents), and process Customer Content only as needed to provide, secure, and support the Service, to comply with law, and as otherwise permitted by these Terms and the DPA. This license ends when Customer Content is deleted from the Service, except for copies in backups pending deletion and as required by law.
- Your promises. You represent and warrant that you have all rights, consents, and permissions needed to submit Customer Content and to have JobRev process it as described in these Terms and the DPA. This includes consent from anyone identifiable in photos you upload and permission to photograph the property shown. You also warrant that your Customer Content does not violate law or anyone's rights.
- Keep your own copies. The Service is not a records-retention or archiving system. You are responsible for keeping copies of records you are legally or contractually required to keep, such as contracts, tax records, and consent records. Use the export tools regularly.
- We don't review your content. JobRev does not pre-screen Customer Content and is not responsible for it. We may remove or disable Customer Content that we reasonably believe violates these Terms or the law.
7. Data processing
You are the controller (or "business") for Customer Data, and JobRev processes it as your processor (or "service provider" / "contractor"). The Data Processing Addendum is part of these Terms and sets out both parties' data protection obligations, including:
- the processing details;
- your responsibility for notices, consents, and End Customer requests;
- JobRev's processing only on your instructions;
- California (CCPA) and other state service-provider terms;
- subprocessors, data location, and security;
- breach notification;
- export and deletion.
In short:
- Your responsibilities. You are responsible for having a lawful basis to collect and use Customer Data, for obtaining all required consents (including for texts and emails), for giving End Customers any required privacy notices, and for responding to End Customers' requests about their information.
- Our commitments. JobRev processes Customer Data only to provide the Service. JobRev does not sell it, does not "share" it for cross-context behavioral advertising, and does not use it for its own marketing.
- Subprocessors. You authorize JobRev's current subprocessors: Vercel, Neon, Twilio, Resend, Stripe, OpenStreetMap/Nominatim, Esri, browser Web Push services, and Intuit (only if you enable QuickBooks Online). They are listed with their purposes in the DPA and the Privacy Policy. Customer Data is stored in the United States.
- Usage data. JobRev may collect and use information about how the Service is used (such as feature usage, performance, and error information) and aggregated or de-identified data derived from it, to operate, secure, and improve the Service. Any such data must not identify you, your Authorized Users, or any End Customer. JobRev owns that usage data.
8. Text messaging (SMS)
The Service lets you send text messages to End Customers through our messaging provider, Twilio.
8.0 Availability. Text messaging is available only after JobRev enables it for your account, which may depend on carrier registration (such as A2P 10DLC) and approval. The consent and opt-out tools described in this Section apply once texting is enabled for your account.
8.1 You are the sender. Texts sent through your account are sent by you and on your behalf. You decide whether to send a text, to whom, when, and with what content, whether you send it manually or set up automated reminders or updates. You, not JobRev, are the sender and the party that "makes" or "initiates" these texts under the Telephone Consumer Protection Act (TCPA) and similar laws. JobRev provides the software tool and does not choose your recipients, timing, or content.
8.2 Transactional messages only. You may use the SMS feature only for transactional messages related to your work for the End Customer, such as job and appointment updates, estimates, invoices, and reminders. You may not send marketing or promotional texts through the Service, even if the recipient has agreed to receive marketing messages from you. This includes advertisements, promotions, discounts, review requests that offer an incentive, and texts to people who are not your customers.
8.3 Consent before texting. You must obtain each End Customer's consent before texting them through the Service. The Service gives you two ways to record consent:
- an optional SMS consent checkbox on your booking form, which starts unchecked and is not required to book; and
- a way for your staff to record consent the End Customer gave in another way.
For each consent, the Service stores the date and time, the source (booking form, or staff entry with the staff user who entered it), and the version of the consent wording shown. You must not record consent that was not actually given, obtain consent through misleading means, or text numbers you got from lists, lead sellers, or third parties. You are responsible for the accuracy of consent your staff records.
8.4 Opt-outs and revocation.
- The Service automatically processes standard opt-out replies such as STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT, and stops texts from your account to that contact. A contact can opt back in by replying START.
- People may also revoke consent in other reasonable ways, such as telling your staff, calling, or emailing you. You must record any such opt-out in the Service promptly, and in any event within the time the law requires (under current FCC rules, no more than 10 business days).
- You must not try to re-subscribe a contact who has opted out, except when the contact opts back in themselves.
8.5 Required disclosures. Messages sent through the Service will support the following, and you agree not to interfere with or contradict them:
- Message frequency varies.
- Message and data rates may apply.
- Recipients can reply STOP to opt out and HELP for help.
- Carriers are not liable for delayed or undelivered messages.
8.6 Privacy of mobile information. Mobile numbers and SMS opt-in consent are not shared with or sold to third parties or affiliates for marketing purposes.
8.7 Your compliance. You must comply with the TCPA and the FCC's rules, the CTIA Messaging Principles and Best Practices, carrier rules, Twilio's Acceptable Use and Messaging Policies, and all other applicable federal and state laws. These cover consent, revocation, permitted sending times ("quiet hours"), do-not-call rules, reassigned numbers, recordkeeping, and message content. You are responsible for knowing which laws apply to your messages.
8.8 Carrier registration. Carriers require business text messaging to be registered (for example, A2P 10DLC brand and campaign registration). You authorize JobRev and Twilio to use the business information you provide for registration. You agree that the information is accurate, and that you will use the SMS feature only as permitted by the registered use case.
8.9 Our rights to protect the program. We may filter, throttle, delay, block, or refuse to send any text, and may suspend your SMS access, if we reasonably believe the text or your use:
- violates these Terms, the law, or carrier or Twilio rules;
- generates excessive opt-outs or complaints; or
- puts JobRev's messaging program or phone numbers at risk.
Carriers and Twilio may also filter or block messages. Neither we nor they are required to notify you before doing so.
8.10 No guarantee of delivery. Texts travel through carrier networks outside JobRev's control. JobRev does not guarantee that any text will be delivered, or delivered on time, and is not liable for undelivered, delayed, or misdirected texts.
9. Email
Emails you send to End Customers through the Service are delivered through our email provider, Resend. They are sent in your Shop's name from a Shop-specific address on the jobrev.app domain (in the format "Shop Name <shop-slug@jobrev.app>"), and replies go to your Shop's email address.
- You must keep your Shop name and reply-to email address accurate.
- You are responsible for the content of your emails and for complying with applicable email laws, including the CAN-SPAM Act.
- You must not send unsolicited bulk or commercial email through the Service.
- Because emails are sent from JobRev's domain, we may limit, delay, or suspend email sending if your emails cause high bounce, spam-complaint, or abuse rates, or otherwise threaten the deliverability or reputation of the jobrev.app domain.
10. Your business is your responsibility (no professional advice)
The Service is a software tool. JobRev does not provide legal, tax, accounting, financial, insurance, engineering, or construction advice, and nothing in the Service is a substitute for that advice. This includes templates, default wording, calculations, suggestions, and automated content. You alone are responsible for:
- Your estimates, prices, invoices, and contracts. This includes their accuracy, terms, warranties, and compliance with law. Examples are required contract contents and disclosures, cancellation rights, and contractor license numbers on bids, estimates, and contracts where your state requires them.
- Taxes. Determining, charging, collecting, and remitting any sales, transaction privilege, use, or other taxes. Any tax figures in the Service are based on rates and settings you enter.
- Licensing, permits, and codes. Holding all required contractor and business licenses, insurance, and bonds, pulling permits, and complying with building codes.
- Liens and collections. Preliminary notices, mechanics' lien deadlines, and debt collection laws.
- Your work and your workers. The quality and safety of your work, your relationships with End Customers, and employment, wage, and worker-classification matters.
JobRev is not a party to any agreement between you and an End Customer and has no responsibility for your work, products, or services.
11. Electronic signatures
The Service provides tools for End Customers to sign estimates, invoices, and other documents electronically. JobRev provides the tool only. You are solely responsible for the content of your documents and for deciding whether electronic signatures are appropriate and enforceable for your documents and transactions. That includes:
- obtaining any consent to do business electronically that the law requires (for example, consumer consent under the federal ESIGN Act and state electronic transactions laws);
- giving signers copies they can keep; and
- meeting requirements for specific types of contracts or notices that may need a different form of signature or delivery.
JobRev does not guarantee that any electronic signature will be enforceable.
12. Automated and AI features
The Service may include automated features (such as scheduled reminders, templates, and suggested content). It may later include features that use artificial intelligence or machine learning ("AI Features"). If you use them:
- Outputs may be wrong. Automated and AI-generated outputs can be inaccurate, incomplete, or inappropriate. You must review and verify any output before you rely on it, send it, or include it in an estimate, invoice, or contract.
- Your actions. Messages, documents, and actions you send or approve using automated or AI Features are your actions, and Section 8 (SMS) and Section 9 (Email) apply to them.
- New providers. If an AI Feature uses a new third-party provider that will process Customer Data, we will add it to our subprocessor list as described in the DPA before that feature processes Customer Data.
- Provided "as is." AI Features are provided "as is," and they may be offered as Beta Features (Section 18).
13. Third-Party Services, maps, and integrations
- Third-Party Services. The Service relies on, and may let you connect, Third-Party Services. Your use of a Third-Party Service is governed by that provider's terms. JobRev is not responsible for Third-Party Services, including their availability, security, or changes, and they may change or discontinue features in ways that affect the Service.
- QuickBooks Online. If you enable the optional QuickBooks Online integration, the Service will send paid invoices and related data to your QuickBooks Online account. Data sent to Intuit is governed by Intuit's terms and privacy policy. You are responsible for reviewing what syncs and for your accounting records.
- Maps and addresses. Map images and address locations come from Third-Party Services (Esri and OpenStreetMap) and may be inaccurate or out of date. Do not rely on them for navigation, property lines, utility locating, or safety decisions.
14. Acceptable use, fraud, and abuse
You will not, and will not allow anyone else to:
- Use the Service in violation of any law or regulation, including telemarketing, TCPA, anti-spam, consumer protection, privacy, data security, and anti-discrimination laws.
- Send texts without required consent, send marketing or promotional texts, text contacts who have opted out, or send spam, phishing, deceptive, harassing, threatening, or hateful content.
- Use the Service for fraud. Examples include false or inflated invoices, fake payment requests, impersonating another business or person, collecting payments for work you do not intend to perform, laundering money, or testing stolen payment cards.
- Upload or transmit content that is unlawful, infringing, defamatory, obscene, or harmful, or that contains malware.
- Access or attempt to access another Shop's account or data, or probe, scan, or test the vulnerability of the Service, or circumvent security, authentication, rate limits, or usage restrictions.
- Interfere with or disrupt the Service or its infrastructure, or impose an unreasonable load on it.
- Reverse engineer, decompile, or attempt to derive source code from the Service, except where the law does not allow this restriction.
- Copy, frame, resell, sublicense, or provide the Service to third parties as a service bureau, other than to your Authorized Users.
- Scrape the Service, or access it by automated means other than through features or interfaces we provide.
- Access the Service to build a competing product, or to benchmark it for publication without our consent.
- Store highly sensitive information that the Service is not designed for. Examples are Social Security numbers, driver's license numbers, full payment card numbers, bank account credentials, health or medical information, or biometric data.
- Use the Service to collect personal information directly from children under 13, or knowingly submit children's personal information except where it appears incidentally (for example, in a job photo).
We may investigate suspected violations and cooperate with law enforcement, carriers, and payment providers. Section 15 explains when we may suspend your account.
15. Suspension
We may suspend all or part of your access to the Service (including SMS, email, or payments features) immediately and without prior notice if we reasonably believe that:
- (a) your use violates Section 8 (SMS), Section 9 (Email), or Section 14 (Acceptable use), or the law;
- (b) your account is compromised or poses a security risk to the Service or others;
- (c) suspension is needed to comply with law, a court order, or a carrier, Twilio, Stripe, or other provider requirement;
- (d) your use could subject JobRev, other Shops, or End Customers to harm or liability; or
- (e) you owe fees that are past due after notice.
Where practical and lawful, we will tell you why and give you a chance to fix the issue. We will restore access once the issue is resolved. Suspension does not relieve you of your obligation to pay fees.
16. JobRev's intellectual property and publicity
- Our property. JobRev and its licensors own all rights in the Service, including its software, design, text, graphics, templates, and trademarks, all improvements to it, and usage data (Section 7).
- Your license. Subject to these Terms and payment of applicable fees, JobRev grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during your subscription for your Authorized Users to access and use the Service for your internal business purposes.
- Reserved rights. All rights not expressly granted are reserved.
- Publicity. You allow JobRev to identify you as a JobRev customer by your business name and logo on our website and in marketing materials. You can opt out at any time by emailing support@jobrev.app, and we will stop new uses within a reasonable time. We will not suggest that you endorse JobRev beyond being a customer without your permission.
17. Feedback
If you or your Authorized Users give us suggestions, ideas, or feedback about the Service, you grant JobRev a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose, without obligation or compensation to you. Feedback does not include your Customer Content.
18. Beta and free features
- Beta Features. We may offer features identified as beta, preview, early access, or similar ("Beta Features"). Beta Features are optional, may be incomplete or contain errors, may be changed or discontinued at any time, and are provided "as is" without any warranty, support, or service commitment.
- Free features. If you use the Service, or any feature of it, without paying a fee, it is provided "as is," and we may change or end free access at any time.
- Liability. To the extent permitted by law, JobRev's total liability for Beta Features and free use is limited to $100.
19. Availability, support, and changes
- No SLA. We work to keep the Service available and reliable, but we do not offer a service level agreement (SLA) or guarantee uninterrupted or error-free operation. The Service may be unavailable because of maintenance, updates, failures of Third-Party Services or carriers, or events beyond our control.
- Support. We provide support by email at support@jobrev.app on a commercially reasonable basis.
- Changes to the Service. We may modify, add, or remove features. If we remove a material feature of a paid plan, we will give reasonable advance notice. If the removal materially reduces the plan, you may cancel and receive a pro-rated refund of prepaid fees for the unused period.
20. Confidentiality
Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). JobRev's Confidential Information includes non-public features, pricing, and security information. Customer Data is protected under the DPA.
The receiving party will:
- use Confidential Information only to perform under or use the Service under these Terms;
- protect it with at least reasonable care; and
- disclose it only to personnel and providers who need it and are bound by confidentiality obligations, or where the law requires (with notice to the other party where lawful).
Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party without restriction.
21. Copyright complaints (DMCA)
We respect intellectual property rights. If you believe content in the Service infringes your copyright, send a notice to our designated copyright agent that meets the requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)). The notice must include:
- your signature;
- identification of the copyrighted work and of the allegedly infringing material and its location;
- your contact information;
- a statement of good-faith belief that the use is not authorized; and
- a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the copyright owner.
Designated Copyright Agent: JobRev LLC, Attn: Copyright Agent, 18365 N 111th Drive, Surprise, AZ 85378; support@jobrev.app (subject: "DMCA Notice").
If your content was removed, you may send a counter-notice that meets 17 U.S.C. § 512(g)(3). We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
22. Term, termination, and data export
- Term. These Terms apply from when you first accept them or use the Service until your account is terminated.
- Termination by you. You may stop using the Service and cancel your account at any time. Section 4 governs subscription cancellation.
- Termination by JobRev. We may terminate your account:
- (a) if you materially breach these Terms and do not cure the breach within 10 days after notice;
- (b) immediately, on notice, for a breach of Section 8, 9, or 14, for fraud, or where a reason for suspension under Section 15(b)–(d) is serious or repeated;
- (c) for fees that are still unpaid 30 days after notice; or
- (d) for any reason on 30 days' notice. If we terminate under (d), we will refund any prepaid fees for the unused portion of your paid subscription.
- Data export window. For 30 days after termination (the "Export Window"), you may export your Customer Data using the Service's export tools or by requesting an export at support@jobrev.app. This does not apply where the law prohibits it, or where termination was for fraud or illegal activity. In those cases, we may still provide your Customer Data where the law requires. After the Export Window, we have no obligation to keep Customer Data and will delete it as described in the DPA.
- Effect of termination. On termination, your right to use the Service ends, and any unpaid fees become due immediately.
- Survival. These provisions survive termination: Sections 3 (account responsibility), 4 (unpaid fees), 5 (merchant responsibility), 6, 7 and the DPA (for as long as JobRev holds Customer Data), 8.1, 10, 11, 14, 16, 17, 20 through 27, 29, and 30, and any other terms that by their nature should survive.
23. Warranty disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING BETA FEATURES, AI FEATURES, AND THIRD-PARTY SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. JOBREV DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
JOBREV DOES NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
- MESSAGES WILL BE DELIVERED OR PAYMENTS PROCESSED;
- CALCULATIONS, MAPS, OR AUTOMATED OR AI OUTPUTS WILL BE ACCURATE; OR
- CONTENT WILL NOT BE LOST.
THE SERVICE DOES NOT ENSURE YOUR COMPLIANCE WITH ANY LAW.
24. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) Excluded damages. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
(b) Cap. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (1) THE TOTAL FEES YOU PAID TO JOBREV FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (2) ONE HUNDRED U.S. DOLLARS ($100). This cap also applies to JobRev's obligations under Section 25.2 and the DPA.
(c) Exceptions. The limits in (a) and (b) do not apply to:
- your payment obligations;
- your obligations under Section 25.1 (Indemnification by you);
- your breach of Section 8 (SMS), Section 9 (Email), or Section 14 (Acceptable use);
- either party's fraud, gross negligence, or willful misconduct; or
- liability that cannot be limited by law.
(d) Why these limits exist. These limits apply regardless of the legal theory (contract, tort, negligence, strict liability, statute, or otherwise) and even if a remedy fails of its essential purpose. You agree that the fees reflect this allocation of risk, and that JobRev would not provide the Service without these limits.
25. Indemnification
25.1 By you. You will defend, indemnify, and hold harmless JobRev and its members, managers, employees, contractors, and agents (the "JobRev Parties") from and against any third-party claim, demand, investigation, or proceeding (including by a government agency, carrier, or End Customer). This covers all related losses, damages, fines, penalties, settlements, judgments, costs, and reasonable attorneys' fees, arising out of or relating to:
- (a) your Customer Content;
- (b) Messages sent through your account, including any claim under the TCPA, state telemarketing or "mini-TCPA" laws, the CAN-SPAM Act, or other consumer protection laws, and any claim that consent was not obtained or an opt-out was not honored;
- (c) your work, products, services, estimates, invoices, contracts, e-signed documents, payments, refunds, and chargebacks, and any other dealings with End Customers;
- (d) your failure to provide notices or obtain consents required for Customer Data;
- (e) your use of Third-Party Services; or
- (f) your or your Authorized Users' violation of these Terms or applicable law.
This obligation applies even if a JobRev Party is alleged to have been negligent, except to the extent a court or arbitrator finally determines that the loss was caused by that JobRev Party's gross negligence or willful misconduct.
25.2 By JobRev. JobRev will defend you against any third-party claim alleging that the Service, as provided by JobRev and used in accordance with these Terms, infringes that third party's U.S. patent, copyright, or trademark, or misappropriates its trade secret. JobRev will pay damages and costs finally awarded, or agreed in a settlement JobRev approves, subject to Section 24(b).
- Exclusions. This obligation does not apply to claims arising from Customer Content, Third-Party Services, Beta Features, free use, combinations with items not provided by JobRev, or modifications not made by JobRev.
- JobRev's options. If the Service is or may become subject to such a claim, JobRev may modify the Service to be non-infringing, obtain a right for you to keep using it, or terminate your subscription and refund prepaid fees for the unused period.
- Exclusive remedy. This Section 25.2 is your exclusive remedy for infringement claims.
25.3 Procedure.
- The party seeking indemnity must promptly notify the other of the claim. A delay relieves the indemnifying party only to the extent it is prejudiced.
- The indemnifying party controls the defense and settlement. It may not settle in a way that admits fault by, or imposes obligations on, the indemnified party without that party's consent, which may not be unreasonably withheld.
- The indemnified party will provide reasonable cooperation at the indemnifying party's expense, and may join with its own counsel at its own expense.
- If you fail to assume the defense promptly, JobRev may defend itself at your expense.
26. Dispute resolution: binding arbitration, class waiver, and jury waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED.
26.1 Informal resolution first. Before starting an arbitration or lawsuit, the party with a dispute must send the other a written notice describing the dispute and the relief sought:
- to JobRev at support@jobrev.app and 18365 N 111th Drive, Surprise, AZ 85378; and
- to you at your account email.
The parties will try in good faith to resolve the dispute informally for 30 days after the notice is received. Any limitation period is paused during those 30 days.
26.2 Agreement to arbitrate. If the dispute is not resolved informally, you and JobRev agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between us by final and binding individual arbitration, except as stated in Section 26.4. This includes disputes about the existence, scope, or validity of this agreement to arbitrate (but see Section 26.6). The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this Section 26.
26.3 Rules, location, and fees.
- Rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect (including its procedures for smaller claims), as modified by this Section, before a single arbitrator.
- Location. The seat of arbitration is Maricopa County, Arizona. Hearings may be held by video or on written submissions if the arbitrator allows.
- Fees. Each party pays its own attorneys' fees and costs, unless the arbitrator awards them under applicable law. If your claim is for $25,000 or less, JobRev will pay the AAA administrative fees and arbitrator compensation that exceed the filing fee you would have paid to file in the Maricopa County Superior Court, unless the arbitrator finds your claim was frivolous or brought for an improper purpose.
- Remedies. The arbitrator may award the same individual relief a court could award, subject to these Terms. Judgment on the award may be entered in any court with jurisdiction.
26.4 Exceptions. Either party may:
- bring an individual claim in small claims court (including the small claims division of an Arizona justice court) if it qualifies and stays there; or
- seek temporary or preliminary injunctive relief in court to protect its intellectual property, confidential information, or the security or integrity of the Service, pending arbitration.
26.5 Class action waiver. YOU AND JOBREV MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one Shop (except under Section 26.7), and may award relief only in favor of the individual party seeking relief and only to the extent needed to provide relief warranted by that party's individual claim.
26.6 Who decides. A court, not an arbitrator, decides any dispute about the enforceability, scope, or validity of Section 26.5 (Class action waiver) and Section 26.7 (Mass arbitration). If a court finally decides that Section 26.5 is unenforceable as to a particular claim or request for relief, that claim or request (and only it) will be severed and decided in court under Section 27, and will not be arbitrated on a class basis. All other claims stay in arbitration, and the court proceeding will be paused until the arbitration ends.
26.7 Mass arbitration. If 25 or more similar demands for arbitration are filed against JobRev, or by JobRev, by the same or coordinated counsel or organizations within a 180-day period ("Mass Filing"):
- The AAA's Mass Arbitration Supplementary Rules (or successor rules) will apply.
- The demands will be administered in batches of up to 50, with one arbitrator appointed per batch, unless the parties agree otherwise. Each demand is still decided individually, on its own facts and law, and each claimant keeps the right to an individual award.
- Fees for each batch will be assessed as the AAA's mass arbitration fee schedule provides.
- Any limitation period for a demand in a Mass Filing is paused from when the demand is filed until its batch is assigned an arbitrator.
- The parties will cooperate in good faith to implement this process, including by discussing global resolution.
26.8 Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND JOBREV EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY in any lawsuit arising out of or relating to these Terms or the Service, including any claim that proceeds in court under Section 26.4, 26.6, or 26.9.
26.9 30-day right to opt out of arbitration. You may opt out of this agreement to arbitrate (Sections 26.2–26.3 and 26.7) by emailing support@jobrev.app, with the subject "Arbitration Opt-Out," within 30 days after you first accept these Terms. Include your business name, account email, and a clear statement that you want to opt out of arbitration. If you opt out:
- disputes will be resolved in court under Section 27;
- the class action waiver (Section 26.5) and jury trial waiver (Section 26.8) still apply to the extent permitted by law; and
- opting out does not affect any other part of these Terms.
26.10 One-year deadline to bring claims. Any claim arising out of or relating to these Terms or the Service must be brought in arbitration (or in court, where permitted) within one year after the claim arises, or it is permanently barred. This does not apply to:
- JobRev's claims for unpaid fees;
- either party's claims for indemnification under Section 25; or
- claims that, by law, cannot be shortened.
26.11 Changes to this Section. If we change this Section 26 after you accept it, the change will not apply to any dispute of which either party had already given notice. You may reject a material change to this Section by emailing us within 30 days after the change takes effect. In that case, the most recent version you accepted continues to apply to you.
27. Governing law and venue
These Terms and any dispute arising out of or relating to them or the Service are governed by the Federal Arbitration Act (for Section 26) and the laws of the State of Arizona, without regard to conflict-of-laws rules. Any lawsuit permitted by these Terms must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to the personal jurisdiction and venue of those courts.
28. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms at jobrev.app/terms and change the "Last updated" date. For material changes, we will give at least 30 days' notice by email to the account owner or through the Service before the changes take effect. Changes that are required by law, or that address new features or security, may take effect sooner. Your continued use of the Service after changes take effect means you accept them. If you do not agree, you must stop using the Service, and you may cancel your account. Section 26.11 governs changes to the arbitration agreement.
29. Electronic communications and notices
- Electronic communications. You agree to receive communications from JobRev electronically, including notices, disclosures, invoices, and these Terms, by email to your account email, through the Service, or by posting on our website. Electronic communications satisfy any legal requirement that a communication be in writing. Keep your account email current. A notice is received when sent to that email or posted in the Service.
- Notices to JobRev. Send notices to support@jobrev.app and, for legal notices, also to JobRev LLC, 18365 N 111th Drive, Surprise, AZ 85378.
30. General
- Entire agreement. These Terms, the DPA, the Privacy Policy, and any plan or checkout details you accept are the entire agreement between you and JobRev about the Service. They supersede all prior agreements and understandings on that subject. Any different or additional terms in your purchase orders or other documents do not apply.
- Assignment. You may not assign or transfer these Terms without our prior written consent. JobRev may assign these Terms without consent to an affiliate, or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its business or assets. Any attempted assignment in violation of this section is void. These Terms bind permitted successors and assigns.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, other than payment obligations. Examples include natural disasters, extreme weather, pandemics, war, terrorism, civil unrest, labor disputes, government action, utility or internet failures, cyberattacks not caused by the affected party's failure to maintain reasonable security, and failures of carriers or Third-Party Services.
- Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.
- No waiver. A party's failure to enforce a provision is not a waiver of it.
- Severability. If any provision is found unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest of these Terms will remain in effect (subject to Section 26.6).
- Equitable relief. A breach of Section 14, 16, or 20 may cause irreparable harm, and the non-breaching party may seek injunctive relief in addition to other remedies.
- Export and sanctions. You will comply with U.S. export control and sanctions laws. You will not use the Service in, or provide access to, any embargoed country or any person on a U.S. government restricted-party list.
- No third-party beneficiaries. These Terms do not create rights for any third party, including End Customers, except the JobRev Parties under Section 25.1.
- Interpretation. Headings are for convenience only. These Terms will not be construed against either party as the drafter.
31. Contact
JobRev LLC
18365 N 111th Drive, Surprise, AZ 85378
Email: support@jobrev.app