Terms of Service

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Vivi Ventures LLC, a Wyoming limited liability company doing business as JobVivi ("JobVivi," "Company," "we," "us," or "our"). By accessing or using the JobVivi platform, including any related websites, mobile applications, or services (collectively, the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are using JobVivi on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

JobVivi is a cloud-based field service business management platform designed for small businesses in industries such as lawn care, landscaping, cleaning, HVAC, handyman services, plumbing, and similar trades. The Service includes tools for customer management, job scheduling, estimate and invoice creation, crew management, payment processing, route optimization, and customer communications.

We reserve the right to modify, suspend, or discontinue the Service (or any feature thereof) at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You represent and warrant that:

• You are at least 18 years of age;
• You have the legal authority to enter into this agreement;
• Your use of the Service does not violate any applicable laws or regulations;
• All information you provide is accurate and truthful.

You agree to notify us immediately at support@jobvivi.com of any unauthorized access to or use of your account. We are not liable for any loss resulting from your failure to keep your credentials secure.

JobVivi offers tiered subscription plans ("Plans"). By selecting a paid Plan, you authorize us to charge your payment method on a recurring basis for the subscription fee associated with your selected Plan.

You agree not to use the Service to:

• Violate any applicable local, state, national, or international laws or regulations;
• Infringe upon the intellectual property rights of any third party;
• Transmit any unsolicited or unauthorized advertising or promotional material;
• Transmit any harmful, offensive, or fraudulent content;
• Attempt to gain unauthorized access to any portion of the Service or any related systems;
• Interfere with or disrupt the integrity or performance of the Service;
• Use the Service to process payments fraudulently or in violation of payment network rules;
• Resell or sublicense access to the Service without our written consent.

We reserve the right to suspend or terminate accounts that violate this section without prior notice.

All content, features, and functionality of the Service — including but not limited to software, text, graphics, logos, and user interfaces — are owned by JobVivi and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service solely for your internal business purposes.

You retain ownership of all data you input into the Service ("Your Data"). By using the Service, you grant us a limited license to use Your Data solely to provide and improve the Service.

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe content uploaded to the Service by a user (for example, a logo, photo, or document) infringes your copyright, send a written notice to our designated copyright agent that includes:

• Your physical or electronic signature;
• Identification of the copyrighted work you claim has been infringed;
• Identification of the infringing material and information reasonably sufficient for us to locate it (such as a URL);
• Your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

If material you uploaded was removed and you believe it was removed by mistake or misidentification, you may send our agent a counter-notice as described in 17 U.S.C. § 512(g). We may restore the material unless the complaining party notifies us that it has filed a court action.

Repeat infringers. We will, in appropriate circumstances, disable or terminate the accounts of users who repeatedly infringe the copyrights of others.

You decide what information about your customers and employees you put into the Service, and we process it on your behalf to provide the Service, as described in our Privacy Policy. You are responsible for having a lawful basis to collect and use that information, and for any notices or consents the law requires, including:

• Consent from customers before you text them (see Section 5);
• Notice to, and where required consent from, employees whose location is collected by the JobVivi mobile app. Some states (for example, New York, Connecticut, and Delaware) require employers to give written notice of electronic monitoring;
• Honoring requests your customers or employees make to you about their personal information.

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to the Service through the end of your current billing period. No pro-rated refunds are provided for unused portions of a billing period. See our Refund & Cancellation Policy for details.

We may suspend or terminate your account if: (a) you violate these Terms; (b) your payment fails and is not resolved within a reasonable cure period; or (c) we are required to do so by law. We may also terminate your account for any other reason, or no reason, by giving you at least 30 days' notice; if we do, we will refund any prepaid fees for the unused portion of your billing period. Upon termination, your right to use the Service will immediately cease.

If we terminate your account, you may ask for an export of your data by emailing support@jobvivi.com within 30 days of termination, unless the law prohibits us from providing it. After that, we may delete your data as described in our Privacy Policy.

You agree to defend, indemnify, and hold harmless Vivi Ventures LLC and its members, officers, and contractors from any claims, damages, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of: (a) messages you send through the Service, including claims under the Telephone Consumer Protection Act or similar laws; (b) your collection or use of customer or employee data, including employee location data; (c) your violation of these Terms or of applicable law; or (d) the services you provide to your own customers.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JOBVIVI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Service calculates and suggests things for your convenience, including tax amounts, invoice totals, deposits, routes, and travel times. You are responsible for reviewing them before you rely on them or send them to your customers. JobVivi does not provide tax, legal, accounting, or financial advice. You are responsible for keeping your own copies of any records the law requires you to retain.

These Terms are governed by the laws of the State of Wyoming and applicable U.S. federal law, without regard to conflict-of-laws rules. Any dispute arising from these Terms or your use of the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Sheridan County, Wyoming, or by video conference if both parties agree. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

You may opt out of this arbitration agreement by emailing legal@jobvivi.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in Wyoming.

Class action waiver. You and JobVivi may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one party's claims and may award relief only to the individual party seeking it. If this class action waiver is found unenforceable for a claim, that claim will not be arbitrated and will instead proceed in court, on an individual basis wherever the law allows.

Jury trial waiver. To the extent any dispute is resolved in court rather than arbitration, you and JobVivi waive any right to a jury trial.

Who decides. The arbitrator decides all questions about the scope, validity, and enforceability of this arbitration agreement, except that a court decides whether the class action waiver is enforceable.

Mass filings. If 25 or more similar arbitration demands are filed against JobVivi by or with the help of the same law firm or coordinated group, they will be administered in batches of up to 25 demands, with one arbitrator per batch, and the remaining demands will be held until earlier batches are resolved.

Changes we make to this Section 14 will not apply to a dispute that was already pending when the change took effect.

We may update these Terms from time to time. When we make material changes, we will notify you via email or an in-app notice at least 14 days before the changes take effect. Continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

If you have questions about these Terms, please contact us: