TERMS AND CONDITIONS
Effective Date: 07/30/2025
Last Updated: 07/30/2025
These Terms of Use (“Terms,” “Agreement”) govern your access to and use of The Service Pilot platform and related services (“Service,” “we,” “us,” “our”). By registering for or using The Service Pilot, you agree to be bound by these Terms, including our Privacy Policy and Data Processing Addendum (where applicable). If you do not accept these Terms, you must not access or use the Service.
1. Definitions
“Account” – Your registered profile used to access the Service.
“Content” – Any information, data, files, or materials uploaded, submitted, or transmitted through the Service.
“Customer Data” – Data you input or collect through the Service, including personal information of your clients or employees.
“Subscription” – The paid plan granting access to the Service under defined limitations.
“User” – Any individual or entity authorized to use the Service under your Account.
“Third-Party Services” – Applications or platforms integrated with the Service but operated by third parties.
2. Eligibility
You represent and warrant that you:
Are at least 18 years of age or of legal age in your jurisdiction;
Have full authority and capacity to enter into this Agreement;
Are not barred or restricted from receiving services under applicable laws or regulations.
3. Account Registration and Security
3.1 Accuracy of Information: You must provide accurate, current, and complete information during registration and maintain updates as needed.
3.2 Account Credentials: You are solely responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your Account.
3.3 Unauthorized Use: You must immediately notify us of any unauthorized access, breach, or suspected misuse of your Account. We are not liable for losses arising from your failure to safeguard credentials.
4. License and Restrictions
4.1 License Grant: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business operations, in accordance with these Terms and applicable laws.
4.2 Restrictions: You must not:
Reproduce, modify, distribute, or create derivative works of the Service;
Rent, lease, sublicense, or resell access to the Service;
Attempt to reverse-engineer, decompile, or extract source code;
Use the Service for unlawful, harmful, or fraudulent activities;
Introduce malware, bots, or disruptive code into the platform.
5. Subscription, Fees, and Payment
5.1 Subscription Plans: Access to the Service is provided under subscription-based plans as outlined on our website or in a signed order form.
5.2 Payments: All fees are due upfront or as specified in your billing agreement. Payments are non-refundable, except where required by law or explicitly stated otherwise.
5.3 Taxes: You are responsible for applicable taxes, levies, or duties arising from your subscription.
5.4 Late Payments: Overdue amounts may incur interest at the rate of 1.5% per month or the maximum permitted by law. We reserve the right to suspend or terminate Service for non-payment.
6. Customer Data and Privacy
6.1 Ownership: You retain full ownership of all Customer Data submitted to the Service.
6.2 Processing: We process Customer Data only to provide the Service, as detailed in our Privacy Policy and Data Processing Addendum.
6.3 Compliance: You are solely responsible for ensuring that collection and use of Customer Data complies with applicable laws, including obtaining necessary consents from your clients.
6.4 Security: We implement reasonable measures to protect Customer Data; however, no online service can guarantee absolute security.
7. Intellectual Property
7.1 Our IP: All rights, title, and interest in the Service, including software, trademarks, and content provided by us, remain our exclusive property.
7.2 Feedback: Any feedback, suggestions, or improvements you provide become our property without obligation to compensate you.
8. Third-Party Services and Integrations
The Service may allow integration with third-party platforms. We do not control and are not responsible for third-party services or their data handling practices. Use of such integrations is at your sole risk.
9. Acceptable Use Policy
You agree not to:
Use the Service to send spam, harassment, or unlawful communications.
Misuse or overload system resources.
Violate applicable laws, including data protection or intellectual property rights of others.
Violation of this section may result in immediate suspension or termination of your Account.
10. Service Availability and Updates
We aim to maintain Service uptime but do not guarantee uninterrupted access. We may perform updates, enhancements, or maintenance that temporarily affects availability. We reserve the right to modify or discontinue features at our discretion.
11. Term and Termination
11.1 Term: This Agreement remains effective until terminated.
11.2 Termination by You: You may cancel your subscription at any time. Cancellation does not relieve you of outstanding payment obligations.
11.3 Termination by Us: We may suspend or terminate access immediately for:
Breach of these Terms or applicable laws;
Non-payment;
Use that jeopardizes the platform’s integrity or other users’ security.
11.4 Data Retention: Upon termination, we will retain Customer Data for up to 60 days, after which it may be deleted permanently.
12. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee specific outcomes, revenue increases, or uninterrupted service performance.
13. Limitation of Liability
To the maximum extent permitted by law:
Our total liability under this Agreement will not exceed the amount paid by you in the last 12 months preceding the claim.
We are not liable for indirect, consequential, incidental, punitive, or exemplary damages arising from the use or inability to use the Service.
14. Indemnification
You agree to indemnify and hold harmless The Service Pilot, its affiliates, and employees from any claims, damages, liabilities, or expenses (including legal fees) arising from:
Your use or misuse of the Service;
Your violation of these Terms;
Any data protection or third-party rights infringement related to your Customer Data.
15. Governing Law and Dispute Resolution
This Agreement is governed by the laws of Texas, USA. Any disputes shall first attempt resolution via good-faith negotiations, followed by binding arbitration in Texas, unless otherwise required by law. You waive any right to a class action or jury trial.
16. Amendments
We reserve the right to update these Terms at any time. Notice of material changes will be provided via email or in-app notification. Continued use of the Service constitutes acceptance of updated Terms.
17. Contact Information
For questions or concerns about these Terms, contact:
The Service Pilot
Email: Info@theservicepilot.com
Address: 3525 Murdock St, Houston, TX 77047