Effective Date: April 27, 2026
These terms of service ("Agreement") govern your access to and use of the ServeCommand platform ("Platform" or "Service") provided by ServeCommand, Incorporated ("ServeCommand"), a Delaware C-Corporation. By (a) purchasing or subscribing to the Platform through an online enrollment process referencing this Agreement, (b) signing up for a trial or free access plan referencing this Agreement, or (c) clicking a button or box indicating acceptance, the entity or individual ("Customer") agrees to be bound by these terms.
The individual accepting this Agreement represents that they have the authority to bind the company or other legal entity ("Customer") to these terms. If no such authority exists or if the entity does not agree to these terms, the individual must not accept this Agreement and may not use or access the Platform. Any capitalized terms used here are defined within the Agreement. The parties hereby agree as follows:
ServeCommand owns and operates a cloud-based platform that helps businesses manage and schedule services, perform work via web or mobile, organize owner and property information, generate invoices, collect payments, send transactional and marketing communications, and coordinate various workflows to run a service business (the "Platform" or "Service"). The Service includes artificial intelligence and machine-learning features described in Section 10.9. All content or data that Customer or its authorized users ("Users") post, upload, share, or store through the Service is considered a "User Submission." Customer is solely responsible for any User Submissions that appear in the Service. Section 10.4 (User Submissions) discusses ownership. The Platform may also include templates, AI-assisted translations, and reference documents to assist Customer ("ServeCommand Content").
Under this Agreement, Customer may purchase a subscription granting the right to use the Service for internal business purposes according to one or more ServeCommand enrollment screens referencing this Agreement ("Enrollment(s)"). Each Enrollment specifies applicable fees, features, and the subscription term ("Subscription Period"). The Service may only be accessed by individuals whom Customer lawfully authorizes, and Customer may not resell or provide the Service to third parties without ServeCommand's prior written consent.
ServeCommand retains all rights, title, and interest (including intellectual property rights) in the Service, the Software, ServeCommand Content, documentation, and related updates or enhancements (together, "ServeCommand Materials"). Any rights not expressly granted to Customer are reserved by ServeCommand, and there are no implied licenses under this Agreement.
The Service offers configurable permission settings so that Users can grant privileges or roles to other Users. Customer is solely responsible for establishing and managing these permissions, including access to geolocation history, performance reports, and financial data. ServeCommand will not oversee or review Customer's permission settings; therefore, it is not liable for Customer's decisions regarding them.
Unless an external malicious actor exploits Service vulnerabilities, Customer is responsible for all activities that occur under its or its Users' accounts. Customer must ensure all Users are aware of, and agree to, the obligations and restrictions stated in this Agreement. Any breach by a User is considered a breach by the Customer.
Customer-Sent Communications Consent
Where Customer uses the Service to send communications to its end customers, account holders, or any other recipient ("Recipients") — whether by SMS, email, push notification, automated voice call, pre-recorded message, or any other channel offered by the Service (collectively, "Customer Communications") — Customer represents and warrants that it has obtained, and will maintain, all consents and disclosures required under applicable law and carrier or platform rules, including (as applicable) the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), CTIA messaging guidelines, and any state-level telemarketing, anti-spam, or e-commerce laws. The Service may include open-tracking pixels, click-tracking links, delivery receipts, or similar instrumentation in Customer Communications as a feature of the Service; Customer is solely responsible for any disclosure to Recipients regarding such tracking that is required under applicable privacy or e-commerce law. ServeCommand is not responsible for securing recipient consent or providing any required notices, and Customer shall indemnify and hold ServeCommand harmless from any claim, loss, fine, or penalty arising from Customer's failure to obtain valid consent or provide required disclosures.
Customer and its Users will not, directly or indirectly:
1. Use the Service in violation of any applicable local, state, federal, or international law or regulation.
2. Modify, copy, translate, or create derivative works based on the Service.
3. Reverse engineer, decompile, or otherwise attempt to extract the Service's source code or underlying algorithms, except where such restriction is prohibited by law.
4. Remove or obscure any notices, trademarks, or branding in the Service.
5. License, resell, lease, distribute, or otherwise make the Service available to an unauthorized party.
6. Attempt to gain unauthorized access to, or disrupt, the Service (for example, by introducing viruses or using denial-of-service attacks).
7. Use or access the Service to build or support (or help a third party build or support) products or services that compete with the Service.
8. Probe, scan, or test the Service or ServeCommand's systems or networks for vulnerabilities.
If ServeCommand reasonably determines that Customer or its Users are using the Service in a manner that threatens the security, performance, or availability of the Service, ServeCommand may suspend Customer's access. ServeCommand will make commercially reasonable efforts to provide notice and an opportunity to cure before doing so, and will aim to limit such suspension to the offending account(s). Suspension will end when the underlying issue is resolved.
ServeCommand may provide application programming interfaces ("APIs") to Customer. ServeCommand has sole discretion to set or enforce usage limits on APIs and may suspend or discontinue API access at any time.
The Service may integrate with or allow use of third-party products, services, or applications ("Third-Party Applications") not owned or controlled by ServeCommand. Customer may choose, at its own risk, to employ these Third-Party Applications. If required for integration, Customer represents that it has the right to provide the necessary login information to ServeCommand solely for facilitating the Service. ServeCommand makes no endorsements or warranties regarding Third-Party Applications and disclaims any liability relating to them. Any separate agreements or terms between Customer and the Third-Party Application provider will govern its use. ServeCommand is not responsible for damages resulting from the use or inability to use Third-Party Applications.
This Section 4 governs Customer's payment of subscription Fees to ServeCommand. Customer's acceptance of payments from End-Clients through the Service is governed by Section 5 (End-Client Payments) below.
Customer agrees to pay all fees stated in any relevant Enrollment(s) ("Fees"). Unless specified otherwise, all Fees are in U.S. dollars, non-refundable, and due as described in the Enrollment(s). ServeCommand may modify its Fees at its discretion, but Customer may opt not to renew if it disagrees with such changes.
ServeCommand (directly or via a third-party payment processor) will charge Customer for Fees using credit cards, ACH, or other methods indicated in the Enrollment(s). Customer is responsible for ensuring accurate and current billing information. If a recurring payment is authorized, ServeCommand or its processor may periodically charge the designated payment instrument until Customer changes or cancels the subscription in writing or via its account settings.
If Customer fails to pay any Fees when due, ServeCommand may suspend access to the Service. Customer authorizes ServeCommand to retry payment if the initial charge fails. Customer has sixty (60) days from the invoice date to dispute any billing issue, after which ServeCommand will review and inform Customer of its decision. If ServeCommand upholds the charge, Customer must pay promptly.
Unless otherwise stated, Fees do not include taxes such as sales, use, or withholding taxes ("Taxes"). Customer is responsible for all applicable Taxes. If ServeCommand is required to pay or collect Taxes on behalf of Customer, it will invoice Customer for those amounts unless a valid tax exemption certificate is provided.
This Section 5 governs Customer's collection of payments from its end customers and account holders ("End-Clients") through the Service. Section 5 does not govern Customer's payment of subscription Fees to ServeCommand, which is addressed in Section 4 above.
Customer is the merchant of record for each payment collected from an End-Client through the Service. ServeCommand provides software infrastructure that facilitates the collection of those payments via integrated third-party payment processors (each a "Payment Processor"), but ServeCommand is not a party to the underlying transaction between Customer and any End-Client. Customer is solely responsible for the goods or services that give rise to each charge, for any refund or warranty obligation, and for any dispute between Customer and an End-Client.
Customer represents and warrants that its acceptance of payments from End-Clients via the Service complies with: (a) all applicable federal, state, and local laws and regulations; (b) the operating rules of card networks (including Visa, Mastercard, American Express, and Discover); (c) NACHA Operating Rules where ACH or bank-account transfers are used; and (d) the applicable Payment Processor's terms of service and operating procedures. Customer is solely responsible for any obligations arising under those rules, including disclosure, consent, refund, dispute-resolution, and recordkeeping requirements.
Customer authorizes ServeCommand to present, capture, and record End-Client consents on Customer's behalf, including: (a) consent to charge a payment instrument for a specific transaction; (b) consent to store a tokenized payment instrument ("Stored Credential") for future use; and (c) consent to schedule and automatically initiate future charges against a Stored Credential ("Auto-Charge Authorization"). Customer represents that the disclosure and consent text rendered by the Service in connection with each such consent is accurate, complete, and sufficient for Customer's compliance obligations under Section 5.2. Customer may request reasonable customization of consent text in writing; ServeCommand may, at its discretion, accommodate such requests subject to platform-wide compliance constraints.
Where an End-Client provides consent through the Service, ServeCommand may retain a tokenized reference to the End-Client's payment instrument (issued by the applicable Payment Processor) and associate that reference with the End-Client's record in Customer's account ("Stored Credential"). ServeCommand does not store full primary account numbers, full bank-account numbers, expiration data, security codes, or sensitive authentication data; that data is held by the Payment Processor in compliance with its applicable PCI DSS or other regulatory obligations. ServeCommand stores only data necessary to display, reuse, and revoke the Stored Credential, together with the consent record (text snapshot, version, IP address, user agent, and timestamp) captured at the time of consent.
Customer may elect to use Service features that initiate charges to a Stored Credential without an active End-Client checkout session (each, an "Auto-Charge"), provided Customer has first obtained an applicable Auto-Charge Authorization through the Service or an equivalent process disclosed and approved by Customer's legal counsel. Customer is solely responsible for: (a) ensuring each Auto-Charge complies with the disclosed Auto-Charge Authorization; (b) sending any reminder, statement, or pre-notification required by applicable card-network or NACHA rules in advance of each Auto-Charge; (c) honoring End-Client cancellation, revocation, and refund requests; and (d) handling any disputes, chargebacks, or ACH returns that arise. ServeCommand may, but is not required to, send platform-level reminder or confirmation communications on Customer's behalf as a feature of the Service; any such platform communications do not relieve Customer of its compliance obligations.
End-Clients may revoke storage of a payment instrument or any Auto-Charge Authorization at any time through the Service or by contacting Customer directly. Customer agrees that ServeCommand will honor such revocation requests upon receipt without delay, and that Customer will not initiate any further charge against a revoked Stored Credential or under a revoked Auto-Charge Authorization. If Customer receives a revocation request directly, Customer must promptly record the revocation in the Service or notify ServeCommand.
Customer acknowledges and agrees that ServeCommand engages third-party Payment Processors (currently including Finix Payments, Inc.) to process payments collected from End-Clients. Each Payment Processor operates under its own terms of service, privacy policy, and regulatory framework. Customer's use of the Service to accept payments from End-Clients constitutes Customer's acceptance of the applicable Payment Processor's terms as in effect from time to time. ServeCommand may, with prior written notice, replace or add Payment Processors. ServeCommand will use commercially reasonable efforts to select Payment Processors that comply with applicable law and PCI DSS standards.
ServeCommand does not take custody of, or hold beneficial ownership of, funds collected from End-Clients. All such funds are settled by the Payment Processor directly to Customer or its designated merchant account in accordance with the Payment Processor's settlement schedule and Customer's merchant account configuration. ServeCommand is not a money services business, money transmitter, or financial institution, and the Service does not provide deposit, escrow, or money-transmission services.
Customer agrees to indemnify, defend, and hold ServeCommand and its officers, directors, employees, contractors, and affiliates harmless from any third-party claim, loss, damage, fine, penalty, chargeback, ACH return, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's failure to comply with Section 5.2; (b) any dispute between Customer and an End-Client regarding goods or services Customer provides; (c) Customer's failure to honor an End-Client revocation under Section 5.6; (d) any allegation that Customer's use of the Service to collect payments from End-Clients violates applicable law, contract, or third-party rights; or (e) inaccuracies, omissions, or unlawful disclosures in any payment-related communication Customer customizes or composes through the Service. This Section 5.9 does not extend to claims arising solely from ServeCommand's gross negligence or willful misconduct in the operation of the Service itself.
Either party may terminate this Agreement with written notice if the other party materially breaches and fails to cure such breach within thirty (30) days of notice. ServeCommand may also terminate any Free Version at its discretion by notifying Customer.
If Customer terminates due to ServeCommand's uncured material breach, ServeCommand will refund any unused, prepaid Fees. If ServeCommand terminates due to Customer's uncured breach, Customer remains liable for all Fees for the remainder of the Subscription Period. Upon termination, all licenses or rights granted to Customer immediately cease, and Customer must stop using the Service. Within thirty (30) days of termination (or upon earlier request), ServeCommand will delete Customer's data, including login credentials and files, unless required by law or necessary for legitimate business reasons. If Customer uses the Free Version, ServeCommand may retain or delete data after one (1) year of inactivity.
Each subscription begins on the start date specified in the Enrollment ("Subscription Start Date") and continues for the duration stated therein. This Agreement begins on that Subscription Start Date and remains in force as long as Customer is subscribed or uses a free or trial plan. Customer may choose not to renew by following Service instructions or contacting ServeCommand before the current Subscription Period ends. Non-renewal may lead to downgrading the account to a limited free version ("Free Version") or loss of access if the workspace is deleted.
Sections titled "ServeCommand's Ownership," "Third-Party Applications," "Payment Obligations," "End-Client Payments," "Term and Termination," "Warranties and Disclaimers," "Limitation of Liability," "Confidentiality," "Data," and "General Terms" survive any expiration or termination of this Agreement.
Customer represents and warrants that all User Submissions comply with applicable laws and regulations. Customer ensures it is operating in the United States, does not permit individuals under 13 to use the Service, and obtains valid consents for any personal data collected or processed.
Except as expressly stated, the Service and all related materials are provided "as is" and "as available." ServeCommand disclaims any and all warranties, whether statutory, express, or implied, including implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. ServeCommand does not guarantee continuous, secure, or error-free operation of the Service. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply where prohibited by law.
ServeCommand will not be liable for indirect, special, incidental, or consequential damages arising out of or related to this Agreement, including lost profits or data, even if advised of the possibility of such damages. In any event, ServeCommand's total liability under this Agreement (whether in contract, tort, or otherwise) is limited to the fees Customer paid (or owes) for the Service in the twelve (12) months immediately preceding the event that gave rise to the claim. These limitations apply to the maximum extent permitted by law and remain valid despite any failure of an essential remedy.
Customer may provide suggestions or comments regarding the Service ("Feedback"). Feedback does not include proprietary Customer data or User Submissions. ServeCommand may incorporate Feedback into the Service without any obligations or restrictions.
During the Term, a party ("Disclosing Party") may disclose confidential, business, technical, or financial information that should reasonably be understood as confidential ("Confidential Information"). For ServeCommand, Confidential Information includes non-public Service features and performance data. For Customer, Confidential Information includes User Submissions. This Agreement and any Enrollment details are considered Confidential Information of both parties. However, information that (a) becomes public through no fault of the receiving party, (b) was previously known without breach, (c) is disclosed by a third party without restriction, or (d) is independently developed without reference to the Disclosing Party's Confidential Information, is not considered Confidential Information.
The receiving party will use at least the same degree of care to protect the Disclosing Party's Confidential Information as it uses for its own, but not less than reasonable care. Disclosure is limited to individuals who need access for this Agreement, and the receiving party will not share Confidential Information with third parties without the Disclosing Party's written consent, except as stated here. All who receive Confidential Information on behalf of the receiving party must be bound by standard confidentiality obligations.
If the receiving party is legally required to disclose Confidential Information, it will, where permissible, provide prompt notice so the Disclosing Party can seek a protective order or other remedy.
ServeCommand uses commercially reasonable administrative, technical, and physical measures to protect Customer data. However, Customer must maintain adequate backups and security on its own systems. ServeCommand processes data in accordance with any applicable privacy policies or data processing agreements.
Customer and its Users must provide certain details (for example, business name, user names, email, phone numbers, physical business address, and IP addresses) to log in and utilize the Service ("User Information"). Customer grants ServeCommand the right to store, process, and display this User Information as needed to provide the Service. Customer must have lawful rights to collect and share such data, ensuring no unauthorized individuals are using Customer credentials. ServeCommand may access or process User Information for legal compliance, troubleshooting, or as agreed in writing with Customer.
ServeCommand may collect aggregated, anonymized data about how the Service is used ("Service Data") and owns all rights to it, provided it cannot be used to personally identify Customer or its Users. ServeCommand may use Service Data for any legitimate purpose, such as improving the Service.
By uploading User Submissions, Customer grants ServeCommand and its contractors a non-exclusive, worldwide license to host, process, or display these materials strictly for delivering the Service. Other than this limited license, Customer retains ownership of its User Submissions.
Data submitted by Customer about its End-Clients (including but not limited to End-Client names, mailing and service addresses, email addresses, phone numbers, payment-instrument tokens, and consent records) is treated as a User Submission under Section 10.4. Customer represents and warrants that it has obtained any consents required from End-Clients under applicable law to share End-Client data with ServeCommand and to permit ServeCommand to process such data on Customer's behalf in connection with the Service. ServeCommand will process End-Client data solely as needed to provide the Service to Customer, as further described in ServeCommand's privacy policy, and will not sell End-Client personal information.
The Service captures geolocation data from Users (the Customer's employees and authorized agents) on mobile and web devices in the following circumstances:
(a) When a User performs an action that is intended to record a location — for example, clocking in, clocking out, capturing a service photo, or recording a time-stamped activity (a "Location-Tagged Action"); and
(b) When a User opens or interacts with the mobile application, the application may request the device's current location to support routing, scheduling, navigation, and audit features.
The Service does not currently track User location in the background — that is, when the application is not open or actively in use. ServeCommand may add background location tracking as a future feature; if it does so, ServeCommand will disclose that feature in the application interface and will require User opt-in before activation.
Location precision is determined by the operating system and the User's device permissions. Photographs captured through the Service may include geolocation metadata associated with the time and place of capture; that metadata is stored and displayed alongside the photograph as part of the User Submission.
Location Permission Required. The mobile application requires the User to grant location permission to function. A User who declines the location permission will be unable to use core features of the Service.
The Service provides Customer with tools to monitor, analyze, and report on the activities and performance of its Users, including but not limited to: location records (Section 10.6), time-record and clock-in/clock-out data, work-order completion and cycle-time metrics, revenue and commission reports, and service-quality indicators. The Service may add additional monitoring or reporting features over time, which will be governed by this Agreement.
Customer is solely responsible for providing any notice, obtaining any acknowledgment, and observing any other obligation required under applicable employment, labor, workplace-monitoring, or wiretapping law in connection with Customer's use of the Service to monitor Users — including, where applicable, written notice and acknowledgment under New York Civil Rights Law §52-c, California Labor Code §980, Connecticut General Statutes §31-48d, Delaware Code Title 19 §705, New Jersey Statutes §34:6B-22, and similar laws as enacted from time to time. Customer represents and warrants that it has provided any such required notices to its Users before granting them access to the Service.
ServeCommand may make available template notice language and configurable disclosure prompts as a courtesy. Provision of such templates does not constitute legal advice and does not warrant that Customer's notice obligations are satisfied. Customer agrees to indemnify, defend, and hold ServeCommand harmless from any claim brought by a User or governmental body relating to Customer's failure to provide required notice or obtain required consent under this Section 10.7.
Use of the Service's mobile application requires the following device permissions:
- Location: Required. See Section 10.6. The application will not function without location permission.
- Camera: Used to capture service photos and documentation. The application may operate without camera permission, but features that require photo capture will be unavailable.
- Photos / Media library: Used to attach existing photos to service records. The application may operate without this permission, with reduced functionality.
- Calendar / Contacts: May be requested by Users who enable calendar or contact integration features. Declining does not affect the core Service.
The application does not request microphone, biometric, or background-location permissions as of the Effective Date of this Agreement. ServeCommand may add additional permission requests in future versions of the application; any such addition will be disclosed in the application interface and, where required by applicable law, will be opt-in.
The Service uses artificial intelligence and machine-learning models to provide certain features. As of the Effective Date, these include (without limitation):
(a) **Machine translation** of Service content using third-party language models;
(b) **Automated analysis of service photographs** (including but not limited to before/after comparison) using Google Gemini Flash image-analysis models or substantially equivalent models, which may be replaced from time to time; and
(c) **AI-assisted content drafting and review** features within the Service.
ServeCommand may add additional AI-powered features, including but not limited to discrepancy detection, content moderation, pricing analysis, fraud signals, and quality-assurance metrics. Where Customer data, User Submissions, or End-Client data is sent to a third-party AI provider for processing in connection with such features, that provider is treated as a sub-processor under Section 10.11.
ServeCommand does not permit Customer data, User Submissions, or End-Client data to be used to train any third-party model that serves multiple unrelated customers, except where the third-party provider's terms of service expressly prohibit such reuse. ServeCommand may use Customer data and User Submissions to train, fine-tune, or improve ServeCommand-controlled models that are used to deliver the Service, in accordance with this Agreement and the ServeCommand privacy policy.
Customer acknowledges that AI-generated outputs are probabilistic and may be inaccurate, incomplete, or misleading. Customer is responsible for reviewing AI-generated content before relying on it for business decisions, customer communications, or contractual commitments. ServeCommand makes no warranty as to the accuracy or fitness of AI-generated outputs for any particular purpose.
ServeCommand's authorized personnel may access Customer data, User Information, User Submissions, and End-Client data as reasonably necessary to operate, support, secure, and improve the Service. Such personnel are bound by confidentiality obligations consistent with Section 9 (Confidentiality).
Customer acknowledges that ServeCommand's authorized personnel may use third-party software development, debugging, monitoring, and support tooling — including AI-assisted coding, debugging, and documentation tools — in the course of operating and improving the Service, and that production data may be incidentally exposed to such tooling during engineering or support work. ServeCommand uses commercially reasonable measures to (a) limit such exposure to the minimum necessary, (b) prefer tooling vendors whose terms prohibit reuse of data for unrelated purposes, and (c) restrict tooling access to authorized engineering and support personnel. Such tooling vendors that routinely receive production data are treated as sub-processors and listed in or referenced from Section 10.11.
ServeCommand engages the following sub-processors to provide the Service as of the Effective Date:
| Sub-Processor | Purpose |
| ---- | --- |
| Vercel, Inc. | Application hosting and serverless compute |
| Neon, Inc. | Managed PostgreSQL database |
| Cloudflare, Inc. (R2) | Object storage for photos, documents, and other media |
| Resend, Inc. | Transactional email delivery |
| Twilio Inc. | SMS delivery |
| Inngest, Inc. | Background-job orchestration |
| Google LLC (Maps Platform) | Geocoding, mapping, and routing |
| Google LLC (Gemini) | AI image analysis and language tasks |
| OpenAI, OpCo LLC | AI translation and language tasks |
| PostHog, Inc. | Product analytics and feature instrumentation |
| Finix Payments, Inc. | Payment processing (see Section 5.7) |
ServeCommand may add or replace sub-processors from time to time. ServeCommand will use commercially reasonable efforts to give at least thirty (30) days' prior notice on its website (or by another reasonable means) before any new sub-processor begins receiving Customer data or End-Client data, except where the change is necessary on shorter notice to address a material security, compliance, or service-continuity issue. Customer's continued use of the Service after a sub-processor change constitutes acceptance of that change. A current list of sub-processors is maintained on the ServeCommand website.
ServeCommand collects product-analytics data — including but not limited to feature usage, navigation patterns, screen views, click events, error events, and interaction timing — to operate, secure, and improve the Service. ServeCommand may add additional analytics signals (for example, cursor or input-focus tracking) as the Service evolves. All such analytics are governed by this Agreement and ServeCommand's privacy policy. Where required by law, ServeCommand will obtain or instruct Customer to obtain any necessary consents.
Where Customer sends Customer Communications to Recipients through the Service (Section 2.1), the Service may include open-tracking pixels, click-tracking links, delivery receipts, or similar instrumentation. The data resulting from such instrumentation may be used by both Customer (to monitor delivery and engagement of Customer's communications) and by ServeCommand (to operate, secure, and improve the Service). Customer is responsible for any disclosure to Recipients that such tracking is required under applicable law.
ServeCommand and Customer are independent contractors. No partnership, joint venture, or employment relationship is created by this Agreement.
There are no third-party beneficiaries to this Agreement.
If Customer agrees in writing, ServeCommand may list Customer's name or logo in ServeCommand's marketing or promotional materials.
Neither party is liable for delays or failure to perform caused by factors beyond reasonable control, including natural disasters, strikes, government orders, or acts of war.
ServeCommand may introduce new features or modify existing ones to improve the Service. It will not materially reduce core functionality without prior notice. ServeCommand may also update this Agreement by notifying Customer at least thirty (30) days before any changes become effective and by posting revised terms on its website.
ServeCommand may give notices under this Agreement by email or by posting them within the Service. Notices to ServeCommand should be sent to the contact information shown in the Enrollment or on ServeCommand's website. Notices by email are deemed given on the next business day; notices via the Service are deemed given on the day posted.
No modifications to this Agreement are valid unless made in writing and signed or accepted by both parties. Failure to enforce a right is not a waiver of future enforcement.
If a court of competent jurisdiction finds any provision invalid, the remainder of the Agreement stays in effect, and the invalid provision is modified to the minimum extent necessary to comply with law.
Neither party may assign or transfer its rights or obligations under this Agreement without the other's written consent, which will not be unreasonably withheld. However, ServeCommand may assign without consent if it undergoes a merger, acquisition, or sale of substantially all assets. Any unauthorized assignment is void.
This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The parties consent to the exclusive jurisdiction of the state and federal courts in New Castle County, Delaware. Both parties waive any right to a jury trial. In disputes, the prevailing party may recover reasonable legal fees and costs.
This Agreement, along with any referenced pages and Enrollment(s), constitutes the entire understanding between the parties regarding its subject matter, superseding all prior or concurrent agreements or proposals (written or oral).
