Member Terms & Agreement

Servatta Notification Texts

Servatta Notification Texts. Residual Products LLC, doing business as Servatta, offers optional automated texts about your selected account activities, including messages, appointments and reminders, client relationships, and service/profile updates. Message frequency varies with your activity and preferences. Message and data rates may apply. Consent is not a condition of purchase. You may change your preferences in your account or reply STOP to opt out. Reply HELP for help or contact admin@servatta.com. If you reply START after opting out, you must also select your notification types and consent again in Servatta before notifications resume. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy at https://www.servatta.com/privacy.

1. Purpose of the Membership

The Company operates a membership-based platform designed to connect customers with independent service providers across various industries, which may include, without limitation, beauty, education, hospitality, health and wellness, professional services, and other consumer service industries.

The purpose of the Membership is to provide Member with access to the Company’s platform, marketplace, promotional opportunities, customer-access features, and/or other benefits that the Company may make available to Members from time to time.

The Company does not enter into a service relationship with customers on behalf of Member. Any services requested or purchased by a customer from Member are provided directly by Member to the customer.

2. Independent Service Provider

Member acknowledges and agrees that Member is an independent service provider and is not an employee, partner, joint venturer, agent, franchisee, or representative of the Company.

Member is solely responsible for:

• The services Member provides to customers;
• The quality, safety, legality, and performance of those services;
• Maintaining all licenses, certifications, permits, registrations, insurance, and qualifications required to legally provide Member’s services;
• Establishing Member’s own prices, hours, availability, policies, and service terms, except to the extent otherwise expressly agreed in writing;
• Complying with all applicable federal, state, and local laws and regulations; and
• All taxes, expenses, insurance, employees, contractors, equipment, supplies, and other costs associated with Member’s business.

3. Customer Relationship

The Company is providing a platform through which customers may discover, contact, inquire about, or engage Member.

Any agreement for services is solely between the customer and Member.

The Company is not a party to the agreement between Member and any customer and is not responsible for:

• The customer’s conduct;
• Member’s conduct;
• The services provided by Member;
• The customer’s satisfaction;
• Injuries, damages, losses, claims, or disputes arising from services;
• Payments owed directly between a customer and Member; or
• Any representations made by Member to a customer.

Member agrees to resolve disputes concerning Member’s services directly with the applicable customer.

4. Membership Fee

Membership is offered at a beta rate of $5.00 per month for the first year during beta testing period for those members who do sign up within this period, then a rate of $30.00 per month will initiate when beta testing period ends for all members joining after.

The Membership fee provides access to the Company’s membership platform and benefits made available to Members.

The Membership fee is not a commission, referral fee, guarantee of business, or payment for a specific number of customers, leads, or transactions.

The Company does not guarantee that Member will receive any particular number of customers, leads, inquiries, revenue, or business opportunities.

Member may cancel anytime, active to end of paid month. There is no early termination fee, cancellation penalty, or minimum contractual commitment.

5. No Refunds

All Membership fees are non-refundable, except where a refund is required by applicable law or expressly authorized by the Company in writing.

This includes, without limitation, situations where:

• Member does not use the platform;
• Member receives fewer customers or leads than expected;
• Member is dissatisfied with the number of inquiries;
• Member becomes unavailable to provide services;
• Member closes or suspends their business; or
• Member forgets to cancel before a scheduled billing date.

Cancellation does not automatically entitle Member to a refund of any previously paid Membership fee.

6. Billing and Automatic Renewal

Member authorizes the Company, or its authorized payment processor, to charge the applicable Membership fee to the payment method provided by Member on a recurring monthly basis.

The Membership will automatically renew each month unless properly canceled in accordance with this Agreement.

Member is responsible for maintaining a valid payment method.

The Company may change the Membership fee in the future by providing Member with reasonable advance notice. If Member does not agree to the new fee, Member may cancel the Membership before the new fee becomes effective.

7. Failed Payments and Account Holds

The Company does not charge late fees.

If a Membership payment fails, is declined, or cannot be processed, the Company may place Member’s account on hold or suspend Member’s access to the platform until the account is brought current.

While an account is on hold, the Company may restrict or disable Member’s ability to receive new customer inquiries, appear in searches, or access other Membership benefits.

The Company may attempt to process the outstanding payment using the payment method provided by Member.

8. No Transfer or Assignment

Member’s Membership is personal to Member and may not be sold, transferred, assigned, sublicensed, or otherwise transferred to another person or business without the Company’s prior written consent.

The Company may refuse any proposed transfer in its sole discretion.

9. Member Information and Representations

Member represents and warrants that all information provided to the Company is accurate, current, and complete.

Member agrees to promptly update information that becomes inaccurate or outdated.

Member shall not provide false, misleading, fraudulent, or deceptive information to the Company or to customers through the platform.

The Company may remove or suspend a Member listing or account if the Company reasonably believes that information provided by Member is false, misleading, unlawful, or harmful to customers or the Company.

10. Professional Licenses and Compliance

Member is solely responsible for obtaining and maintaining every license, certification, permit, registration, insurance policy, background check, credential, or other authorization required to provide Member’s services.

Member shall not use the Company’s platform to offer services that Member is not legally authorized or qualified to provide.

If Member’s industry requires professional licensing, Member agrees to provide proof of such licensing upon the Company’s reasonable request.

11. Member Conduct

Member agrees to conduct business professionally and lawfully.

Member shall not use the platform to:

• Engage in unlawful discrimination;
• Defraud, deceive, or mislead customers;
• Engage in illegal activities;
• Harass, threaten, or abuse customers;
• Provide services outside Member’s legal qualifications;
• Upload or distribute malicious software;
• Infringe another person’s intellectual property rights;
• Publish false or defamatory information about the Company, customers, or other Members; or
• Engage in conduct that could reasonably damage the Company’s reputation or business.

The Company may suspend or terminate a Member’s account for violations of this section.

12. Company Discretion regarding Platform

The Company may modify, improve, suspend, discontinue, or change any portion of the platform, Membership benefits, features, search functionality, promotional opportunities, or other services offered to Members.

The Company does not guarantee that the platform will always be available, uninterrupted, error-free, or compatible with every device or technology.

The Company may establish reasonable rules regarding Member listings, profiles, advertising, customer communications, and use of the platform.

13. Member Content and Representations

Member grants the Company a non-exclusive, worldwide, royalty-free license to use Member’s business name, trade name, logo, photographs, descriptions, service information, testimonials, and other materials provided by Member for purposes of operating, marketing, promoting, and improving the platform and the Company’s business.

Member represents that Member has the right to provide such materials to the Company and that the Company’s permitted use of those materials will not violate the rights of another person.

14. Counterfeit Accounts

The Company may remove a counterfeit account in accordance with its policies and applicable law.

Member shall not create, purchase, solicit through deceptive means, manipulate, or submit fraudulent accounts.

15. Limitation of Liability

To the maximum extent permitted by Utah law, the Company shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to Member’s use of the platform or Membership.

Without limiting the foregoing, the Company shall not be responsible for loss of profits, loss of revenue, loss of customers, loss of business opportunities, loss of goodwill, or business interruption.

The Company does not guarantee any particular level of business, revenue, customer traffic, leads, or other financial results.

To the maximum extent permitted by law, the Company’s total aggregate liability arising out of or relating to this Agreement or the Membership shall not exceed the amount of Membership fees actually paid by Member to the Company during the six (6) months immediately preceding the event giving rise to the claim.

Nothing in this Agreement shall exclude or limit liability that cannot legally be excluded or limited under applicable law.

16. Indemnification

Member agrees to defend, indemnify, and hold harmless the Company and its owners, officers, directors, employees, agents, contractors, affiliates, and representatives from and against claims, damages, liabilities, losses, costs, and reasonable attorneys’ fees arising out of or related to:

• Services provided by Member;
• Member’s relationship with a customer;
• Member’s negligence, misconduct, fraud, or violation of law;
• Member’s breach of this Agreement;
• Member’s violation of another person’s rights;
• Member’s failure to maintain required licenses, permits, certifications, or insurance; or
• Any claim that Member’s business, services, materials, advertising, or conduct caused injury, damage, or loss to another person.

17. Insurance

Member is responsible for obtaining and maintaining any insurance reasonably appropriate or legally required for Member’s business and services.

The Company may require proof of insurance where reasonably appropriate based upon the nature of Member’s services.

The Company’s Membership does not constitute insurance coverage for Member.

18. Confidentiality

Member shall not use or disclose confidential or proprietary information belonging to the Company except as necessary to participate in the Membership.

Confidential information may include non-public business information, pricing information, customer information, platform information, business strategies, technical information, and other information reasonably understood to be confidential.

This obligation survives termination of the Membership.

19. Privacy and Customer Information

Member agrees to handle customer information responsibly and in compliance with applicable privacy and data-protection laws.

Member shall not sell, misuse, disclose, or otherwise improperly use customer information obtained through the Company’s platform.

Member shall use customer information only for legitimate business purposes related to providing requested services or otherwise as permitted by applicable law and Company policy.

20. Termination by Company

The Company may suspend or terminate Member’s Membership if the Company reasonably determines that:

• Member has violated this Agreement;
• Member has engaged in unlawful, fraudulent, deceptive, abusive, or unsafe conduct;
• Member has provided false information;
• Member’s continued participation presents a risk to customers or the Company;
• Member’s account remains unpaid; or
• Termination is otherwise reasonably necessary to protect the Company’s business, customers, platform, or reputation.

Unless otherwise required by law, termination by the Company for Member’s breach does not entitle Member to a refund of previously paid Membership fees.

21. Effect of Termination

Upon cancellation or termination, Member’s access to the Company’s platform and Membership benefits may cease.

Termination does not eliminate obligations that by their nature survive termination, including provisions concerning indemnification, limitation of liability, confidentiality, intellectual property, payment obligations, dispute resolution, and governing law.

22. Dispute Resolution

The Parties agree to first attempt in good faith to resolve any dispute arising out of or relating to this Agreement through informal discussions.

If a dispute cannot be resolved informally, either Party may pursue any remedy available under applicable Utah law, subject to any arbitration provision or other dispute-resolution procedure subsequently adopted by the Company and agreed to by Member.

Nothing in this section prevents either Party from seeking temporary or emergency injunctive relief when necessary to protect confidential information, intellectual property, customer information, or other rights.

23. Governing Law and Venue

This Agreement shall be governed by and interpreted under the laws of the State of Utah, without regard to conflict-of-law principles.

To the extent permitted by law, any legal action arising from or relating to this Agreement shall be brought in a state or federal court located in Utah, and Member consents to such jurisdiction and venue.

24. Changes to this Agreement

The Company may modify this Agreement from time to time.

For material changes, the Company will provide reasonable notice to Member.

Continued use of the Membership after the effective date of a modification may constitute acceptance of the revised Agreement, to the extent permitted by applicable law.

If Member does not agree to a material modification, Member may cancel the Membership in accordance with the cancellation provisions of this Agreement.

25. Entire Agreement

This Agreement constitutes the entire agreement between the Parties concerning the Membership and supersedes prior oral or written understandings concerning the subject matter of this Agreement.

Any additional terms applicable to services or features may be incorporated by reference.

26. Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The invalid provision shall be modified or interpreted to the minimum extent necessary to make it enforceable while preserving the Parties’ original intent to the extent legally permissible.

27. No Waiver

Failure by the Company to enforce any provision of this Agreement shall not constitute a waiver of the Company’s right to enforce that provision or any other provision in the future.

28. Electronic Acceptance

Member agrees that electronically accepting this Agreement, including by checking an acceptance box, clicking an “I Agree” button, completing an online registration process, or otherwise electronically indicating acceptance, constitutes Member’s legally binding acceptance of this Agreement to the extent permitted by applicable law.

Electronic records and signatures may be used to evidence acceptance of this Agreement.

29. Acknowledgment

By enrolling as a Member, Member acknowledges and agrees that:

• The Membership costs $30 per month; or $5.00 per month during beta testing period in which the $5.00 per month will be honored for one year starting at date of sign up.
• There is no minimum commitment;
• Member may cancel at any time, where membership will remain active to end of paid month.
• Membership fees are non-refundable except where required by law or otherwise authorized by the Company;
• There are no late fees;
• The Company may place an account on hold for failed or unpaid payments;
• The Membership may not be transferred or assigned without the Company’s written consent;
• The Company does not guarantee customers, leads, revenue, or business results; and
• Member is an independent service provider and is solely responsible for services provided to customers.