Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between ServiceMerge ("ServiceMerge," "we," "our," or "us") and you and, if applicable, the business entity you represent (together, "you" or "Customer"). By creating an account, signing an order form, clicking "I agree," or using the Services, you accept these Terms. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.

If you do not agree to these Terms, you may not use the Services.

2. The Service

ServiceMerge provides a cloud-based software-as-a-service platform for field service businesses, including (without limitation) job management, scheduling, dispatch, customer records, invoicing, estimates, payments, time tracking, technician mobile applications, and related tools (the "Services"). The specific features available to you depend on your subscription plan.

We may modify, add to, or discontinue features from time to time. We will not materially reduce the core functionality of the Services during a paid subscription term without notice.

3. Accounts & Eligibility

3.1 Eligibility

You must be at least 18 years old and capable of entering into a binding contract. The Services are intended for business use.

3.2 Account registration

You must provide accurate, current, and complete information when creating an account and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at support@servicemerge.com if you suspect unauthorized use.

3.3 User types

A Customer account may include multiple user types — administrators, dispatchers, office staff, technicians, and others — each with different permissions set by the Customer's administrator. The Customer is responsible for all activity of its users.

4. Subscription & Billing

4.1 Fees

Access to the Services requires a paid subscription, except during a free trial (see Section 5). Current pricing is available at servicemerge.com/#pricing or as set out in an order form. Fees may be based on the number of users, features, or usage.

4.2 Payment

Subscriptions are billed in advance on a monthly or annual basis, as selected at signup. Payment is due upon invoice and charged automatically to your payment method on file. Late payment may result in suspension of the Services after reasonable notice.

4.3 Taxes

Fees are exclusive of applicable sales, use, VAT, or similar taxes, which are your responsibility.

4.4 Auto-renewal

Subscriptions automatically renew for successive terms of the same length at the then-current rate unless cancelled at least 24 hours before the end of the current term. Cancellation takes effect at the end of the paid period.

4.5 No refunds

Except as required by law or expressly stated by us in writing, all fees are non-refundable. Cancellation does not entitle you to a refund of any fees already paid.

4.6 Price changes

We may change subscription prices. We will give at least 30 days' notice before a price change takes effect on a renewal term.

5. Free Trial

We may offer a free trial period. During the trial, you have access to the Services (or a subset of them) without charge. Unless you cancel before the end of the trial, your account will automatically convert to a paid subscription at the then-current rate. Free-trial eligibility is at our discretion.

6. Customer Data

6.1 Ownership

As between you and ServiceMerge, you own all data, content, and information you or your users submit to the Services ("Customer Data"). You grant ServiceMerge a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Customer Data solely to provide, maintain, secure, and improve the Services.

6.2 Responsibility

You are solely responsible for Customer Data, including its accuracy, legality, and the right to use it in the Services. You represent that you have all necessary rights and consents to submit Customer Data (including any personal information of your employees, technicians, or customers) to the Services.

6.3 Export

During an active subscription, you may export Customer Data through the features provided in the Services. On termination, see Section 14.4.

6.4 Processing of personal data

Our processing of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

7. Acceptable Use

You agree not to, and not to allow any user to:

• Use the Services in violation of law or any third party's rights.
• Upload or transmit malicious code, viruses, or harmful content.
• Attempt to gain unauthorized access to the Services or its underlying systems.
• Reverse engineer, decompile, or disassemble the Services, except to the extent expressly permitted by law.
• Resell, sublicense, or make the Services available to any third party outside your organization, except as expressly permitted.
• Use the Services to send unsolicited commercial communications (spam) in violation of applicable law.
• Use automated means (bots, scrapers) to access the Services except via our documented APIs.
• Probe, scan, or test the vulnerability of the Services without prior written consent.
• Use the Services in a manner that materially interferes with or disrupts the Services for other customers.

We may suspend access to the Services if we reasonably believe you are violating this Section.

8. Intellectual Property

ServiceMerge and its licensors own all right, title, and interest in the Services, including all software, design, text, graphics, trademarks, and underlying technology. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during your subscription term, solely for your internal business operations.

No rights are granted except those expressly set out in these Terms. "ServiceMerge," the ServiceMerge logo, and related marks are trademarks of ServiceMerge.

8.1 Feedback

If you provide suggestions, ideas, or feedback about the Services, we may use them without restriction or obligation.

9. Third-Party Services & Integrations

The Services may integrate with third-party products (e.g., QuickBooks, Stripe, Twilio, Google Calendar). Use of those products is subject to the terms of their respective providers. We are not responsible for the acts, omissions, or performance of third-party services. Enabling an integration authorizes ServiceMerge to exchange data with that provider as described.

10. Confidentiality

Each party may receive confidential, non-public information about the other ("Confidential Information"). The receiving party will use Confidential Information only to perform under these Terms and protect it with at least the same care it uses to protect its own confidential information (and no less than reasonable care). This Section does not apply to information that is publicly available, already known to the receiving party without obligation of confidence, independently developed, or required to be disclosed by law.

11. Warranties & Disclaimers

We will provide the Services with reasonable skill and care. We will use commercially reasonable efforts to make the Services available, with allowance for scheduled maintenance, emergency maintenance, and factors outside our reasonable control.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO SERVICEMERGE FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

These limitations apply regardless of the form of action (contract, tort, statute, or otherwise) and will survive termination. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You will defend, indemnify, and hold harmless ServiceMerge and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data; (b) your or your users' use of the Services in violation of these Terms or applicable law; or (c) your violation of any third-party right.

We will defend, indemnify, and hold harmless Customer against any third-party claim alleging that the Services, as provided by us and used in accordance with these Terms, infringe a third party's intellectual property right. This indemnity does not apply to claims arising from Customer Data, unauthorized modifications, or use of the Services in combination with products or services not provided by us where the claim would not have arisen but for the combination.

14. Termination

14.1 By Customer

You may cancel your subscription at any time through the Services' billing settings or by contacting support. Cancellation takes effect at the end of the then-current paid period.

14.2 By ServiceMerge

We may suspend or terminate your access for (a) non-payment after reasonable notice; (b) a material breach of these Terms that remains uncured for 15 days after written notice; or (c) if we reasonably believe continued provision of the Services would violate law or pose a security risk to other customers.

14.3 Effect of termination

Upon termination, your right to access and use the Services ceases. Fees already paid are non-refundable except as expressly stated.

14.4 Data after termination

For 30 days following termination, you may request export of your Customer Data in a standard format. After 30 days, we may delete Customer Data from our production systems, subject to our backup retention and legal obligations.

14.5 Survival

Sections that by their nature should survive termination will survive, including Sections 6, 8, 10, 11, 12, 13, 14.5, and 15.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Wake County, North Carolina for any dispute that is not subject to arbitration under this Section.

15.1 Informal resolution

Before filing a claim, the parties agree to attempt to resolve the dispute informally by contacting support@servicemerge.com. If the dispute is not resolved within 30 days, either party may proceed to formal resolution.

15.2 Class action waiver

To the extent permitted by law, each party agrees that any dispute will be resolved on an individual basis and not as part of a class, consolidated, or representative action.

16. General Provisions

16.1 Entire agreement

These Terms, together with any order form and the Privacy Policy, constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements.

16.2 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.3 Force majeure

Neither party is liable for delays or failures due to causes beyond its reasonable control, including natural disasters, labor disputes, internet failures, acts of government, or acts of war.

16.4 Severability

If any provision is held unenforceable, the remaining provisions remain in full force and effect.

16.5 No waiver

A failure to enforce a provision is not a waiver of the right to enforce it later.

16.6 Notices

Notices to ServiceMerge must be sent to support@servicemerge.com. Notices to Customer will be sent to the administrative email on file.

16.7 Independent contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by updating the "Effective" date and, where appropriate, by email to account administrators or through the Services. Continued use of the Services after a change takes effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services and cancel your subscription.

18. Contact