Terms of Service

By creating a workspace or using Servato (the "Service"), you agree to these Terms of Service. If you are using the Service on behalf of a company, you represent that you have authority to bind that company to these terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that happens under your account. Workspace owners are responsible for the conduct of teammates they invite and for the data those teammates upload. You agree to provide accurate information and to keep it up to date, and to notify us promptly of any unauthorized use of your account.

You agree not to:

• Use the Service for unlawful, fraudulent, or harmful purposes.
• Upload content that infringes intellectual property or privacy rights.
• Attempt to access another customer's data, reverse-engineer the Service, or interfere with its operation.
• Send spam, phishing attempts, or malware through the Service.

You retain ownership of all data, files, and content you upload to your workspace ("Customer Content"). You grant Servato a limited license to host, process, and display Customer Content solely to operate and improve the Service for you.

The Service is offered on paid subscription plans, each starting with a free trial. Fees and billing cycles are presented at sign-up and on the pricing page. Cancellations, refunds, and failed payments are governed by our Refund & Cancellation Policy, which is incorporated into these terms by reference. You may cancel at any time; cancellation takes effect at the end of your current billing period.

If you enable online payments, your clients pay invoices through a checkout operated by Stripe, and funds are paid out to the Stripe connected account you onboard for your business — Servato never holds your clients' funds. Your use of these features is also subject to the Stripe Connected Account Agreement, including the Stripe Terms of Service. Servato charges a platform fee of 1% of each online payment, deducted from your payout; Stripe's own processing fees also apply per your agreement with Stripe. You — not Servato — are the merchant of record for payments your clients make to you. The Servato platform fee is not returned when you refund a client.

We work to keep the Service available 24/7 but do not guarantee uninterrupted access. We may perform scheduled maintenance, release updates, or modify features at any time. We will give reasonable notice of material changes when possible.

You may delete your workspace at any time from settings. We may suspend or terminate accounts that violate these terms, with notice when reasonably possible. On termination, you may export your data for 30 days, after which it may be permanently deleted.

THE SERVICE IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, SERVATO AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Acknowledgment of AI and Estimating Risks. You acknowledge that features that generate measurements, takeoffs, or cost estimates, including but not limited to AI Takeoff, Plan Translator, and AI Estimate (the "Estimating Tools"), are for informational and planning purposes only and may contain errors or inaccuracies. You are solely and exclusively responsible for: (a) independently verifying all measurements, quantities, pricing, and other outputs from the Estimating Tools; (b) determining the final bid, estimate, or price for your services; and (c) all financial and operational consequences of any reliance on the Estimating Tools, including any losses from underbidding or overbidding a project. Servato is a workflow tool, not a substitute for your professional judgment or for licensed legal, accounting, or other professional services advice.

Platform faults and the first-paid-takeoff guarantee. If a takeoff fails because of a platform or system fault, Servato may fix the issue and let you re-run that plan set at no additional charge. We will notify you when the fix is live. A completed, usable takeoff is not refundable. The first-paid-takeoff guarantee applies only when our system failed to deliver the job sold, after review by our support team, and is honored by replacing the credit first. It is not a way to keep the takeoff and recover the fee. Full terms are in the Refund & Cancellation Policy.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVATO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO SERVATO IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100. IN NO EVENT WILL SERVATO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, OR TORT (INCLUDING ORDINARY NEGLIGENCE), BUT WILL NOT LIMIT SERVATO'S LIABILITY FOR ITS OWN GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

These Terms and any dispute arising out of or related to them or the Service will be governed by the laws of the State of Florida, without regard to its conflict of laws rules. You and Servato agree that any legal action or proceeding arising out of or related to these Terms that is not subject to arbitration (including an action to compel arbitration, stay proceedings pending arbitration, or enforce an arbitral award) shall be instituted exclusively in the state or federal courts located in Sarasota County, Florida. You and Servato irrevocably consent to the personal jurisdiction of and venue in such courts.

Please read carefully — this section affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Sarasota, Florida, and the proceedings will be conducted in English. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Class-Action Waiver. You and Servato agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.

30-Day Opt-Out. You may opt out of this arbitration agreement by emailing legal@servato.app within 30 days of first accepting these Terms with the subject line "Arbitration Opt-Out" and your account email. Opting out does not affect any other part of these Terms.

Notwithstanding the above, either party may bring an individual action in small-claims court in Sarasota County, Florida, and either party may seek injunctive or equitable relief in a court of competent jurisdiction in Sarasota County, Florida, to prevent the actual or threatened infringement, misappropriation, or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

We may update these terms from time to time. Material changes will be communicated via email or in-app notice before they take effect. Continued use after the effective date constitutes acceptance.

Neither party will be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government orders, labor disputes, or failures of the internet, telecommunications, or upstream cloud infrastructure. The affected party will use reasonable efforts to mitigate the impact and resume performance.

Questions about these terms? Contact us at legal@servato.app.