Terms of Service

You must be at least 18 years old and legally capable of entering a binding contract. You must provide accurate account information, keep credentials confidential, use reasonable security measures, and promptly notify eServicePro of suspected unauthorized access. You are responsible for activity conducted through your account by your authorized users, except to the extent caused by eServicePro’s breach of its obligations.

Subject to these Terms and any applicable subscription, eServicePro grants you a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable term to access and use the Services for your internal business purposes. You may not: (a) use the Services unlawfully or to violate another person’s rights; (b) upload malware or interfere with security, integrity, or availability; (c) attempt unauthorized access; (d) reverse engineer, decompile, or circumvent technical restrictions except to the extent such restriction is prohibited by law; (e) resell, sublicense, or make the Services available as a service bureau unless expressly authorized; (f) use the Services to build a materially competitive product through systematic extraction; (g) scrape or extract data except through authorized functionality; or (h) use the Services to make unlawful discriminatory or otherwise prohibited housing, employment, credit, insurance, or similar regulated decisions.

As between the parties, you retain your rights in data, records, files, communications, images, and other content submitted to or generated through your use of the Services (“Customer Data”). You grant eServicePro and its authorized subprocessors a non-exclusive right to host, copy, transmit, process, display, back up, and otherwise use Customer Data solely as necessary to provide, secure, maintain, support, and improve the Services, comply with law, and fulfill the parties’ agreements. You represent that you have all rights, notices, consents, and lawful bases necessary for Customer Data and your instructions to eServicePro.

The Services may provide AI-assisted drafting, summaries, classifications, recommendations, workflow automation, or other machine-generated output. AI output may be inaccurate, incomplete, biased, or unsuitable for a particular purpose. You must apply appropriate human review before relying on material output. You may not use AI output as the sole basis for decisions that produce legal or similarly significant effects on an individual where prohibited by law. AI features do not constitute legal, financial, accounting, credit, housing, engineering, medical, or other professional advice.

The standard Services do not provide or authorize consumer reports, credit pulls, background checks, tenant-screening reports, or adverse-action decisions. You must not use eServicePro to obtain, create, or use a consumer report unless eServicePro has expressly activated a separate compliant service for you under additional written terms. Any future screening feature may require a qualified consumer reporting agency, permissible-purpose certification, disclosures or authorizations, adverse-action procedures, recordkeeping, security controls, and compliance with the Fair Credit Reporting Act and applicable state or local law.

Trial or free access may be limited by time, functionality, users, units, transactions, storage, or other usage thresholds and may be modified or discontinued. Paid fees, billing cycles, renewal terms, taxes, and usage limits are stated in the applicable Order, checkout flow, or SaaS Subscription Agreement. Except where an Order or applicable law states otherwise, fees are non-cancelable and non-refundable once due. eServicePro will not charge a recurring paid subscription unless the applicable purchase flow discloses the material recurring-payment terms before enrollment.

eServicePro and its licensors own all rights in the Services, software, interfaces, documentation, workflows, trademarks, models, and related technology, excluding Customer Data. No rights are granted except as expressly stated. If you provide feedback or suggestions, eServicePro may use them without restriction or payment, provided eServicePro does not identify your confidential information in doing so.

The Services may interoperate with third-party payment processors, messaging providers, cloud services, mapping services, listing services, AI providers, or other integrations. Third-party services are governed by their own terms and privacy practices. eServicePro is not responsible for a third-party service’s acts, omissions, availability, or data handling except to the extent eServicePro is legally responsible for its selection or management of a subprocessor.

eServicePro may suspend access to the extent reasonably necessary to address a security threat, unlawful use, material breach, non-payment, or material risk to the Services or other users. Where practicable, eServicePro will provide notice and an opportunity to cure. Termination of a paid subscription is governed by the SaaS Subscription Agreement and applicable Order. Provisions that by their nature should survive termination will survive, including accrued payment obligations, intellectual-property provisions, confidentiality, disclaimers, limitations of liability, indemnities, and dispute terms.

To the maximum extent permitted by law, except for express warranties in a written agreement, the Services are provided “as is” and “as available.” eServicePro disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. eServicePro does not warrant that the Services will be uninterrupted or error-free or that AI output, third-party data, or customer-supplied data will be accurate. These disclaimers do not exclude warranties that cannot lawfully be disclaimed.

To the maximum extent permitted by law: (a) neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or business opportunity, even if advised of the possibility; and (b) each party’s aggregate liability arising out of or relating to the Services will not exceed the greater of (i) amounts paid or payable by Customer to eServicePro for the Services giving rise to the claim during the twelve (12) months before the first event giving rise to liability or (ii) US$100 for a free/trial user. The foregoing cap does not limit Customer’s payment obligations or liability for Customer’s infringement or misappropriation of eServicePro intellectual property. Nothing in these Terms limits liability to the extent it cannot be limited by law. Any negotiated enterprise Order may establish different caps or exclusions.

You will defend eServicePro, its affiliates, and their officers, directors, employees, and agents against third-party claims arising from (a) Customer Data or your instructions that infringe or violate third-party rights; (b) your unlawful or prohibited use of the Services; or (c) your material breach of these Terms. You will pay finally awarded damages, approved settlements, and reasonable defense costs. eServicePro will promptly notify you of a covered claim, provide reasonable cooperation at your expense, and allow you to control the defense and settlement, except that you may not settle a claim in a manner that admits wrongdoing by or imposes non-monetary obligations on eServicePro without consent.

These Terms are governed by Delaware law, excluding conflict-of-law rules. Before commencing formal proceedings, the parties will attempt in good faith for at least thirty (30) days to resolve a dispute after written notice describing the dispute and requested relief. Except for claims eligible for small-claims court and actions seeking temporary or preliminary injunctive relief for misuse of intellectual property, confidential information, or security credentials, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable Commercial Arbitration Rules for business customers and applicable Consumer Arbitration Rules for an individual acting primarily for personal, family, or household purposes. The Federal Arbitration Act governs the arbitration agreement. Unless the parties agree otherwise, the arbitration will be conducted remotely or, if an in-person hearing is required, in New Castle County, Delaware, subject to any mandatory consumer venue right. Each party waives a jury trial and agrees that claims will be brought only on an individual basis and not as a class, collective, or representative action, to the extent permitted by law. If this arbitration provision is found unenforceable as to a particular claim, that claim will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to personal jurisdiction there. Nothing prevents either party from reporting matters to a government agency where permitted by law.

eServicePro may update these Terms prospectively. We will post the revised Terms and update the effective date. For a material change affecting an existing paid subscription, we will provide reasonable advance notice and, where required by law or contract, obtain consent or make the change effective at renewal. Changes will not retroactively reduce accrued rights.

You consent to receive contractual notices and records electronically at the email address associated with your account or through the Services, except where law requires another method. eServicePro may retain evidence of acceptance, including the accepted document version, effective date, account/user identifier, timestamp, authentication information, and related audit logs. You should retain copies of the agreements presented to you.

eServicePro Inc.
8 The Green, Suite 7255
Dover, Delaware 19901, United States
legal@eservicepro.com