Terms & EULA
Acceptance & Eligibility
This End-User License Agreement and Terms of Service (the "Agreement") governs your access to and use of the EOS platform (the "Elite Operating System"), including the customer-facing "Sign & Pay" checkout and related tools (collectively, the "Platform"), operated by Elite Service & Enterprises, LLC ("Elite Service," "we," "us," or "our"). By accessing or using the Platform, or by authorizing a payment through it, you agree to be bound by this Agreement. If you do not agree, do not access or use the Platform.
The Platform is provided for use by authorized Elite Service personnel and by our customers for the limited purpose of managing and paying for services performed by Elite Service. By using the Platform or authorizing a payment, you represent that you are at least 18 years old and, where you act on behalf of a business, that you are authorized to bind that business to this Agreement.
License & Permitted Use
Subject to this Agreement, Elite Service grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purpose: for authorized personnel, to manage service calls, work orders, quotes, scheduling, and customer and payment records; and for customers, to review work performed and to authorize and complete payment for that work. No other use is licensed.
Restrictions
You agree not to:
- access the Platform without authorization, or attempt to access accounts, data, or areas you are not permitted to use;
- copy, modify, distribute, sell, license, or create derivative works from the Platform or its content;
- reverse engineer, decompile, or attempt to derive source code, except to the extent permitted by law;
- interfere with or disrupt the Platform, its security, or its infrastructure, or introduce malicious code;
- use the Platform to submit false, fraudulent, or unauthorized payment information; or
- use the Platform in violation of any applicable law or regulation.
Accounts & Security
If you are issued credentials, you are responsible for keeping them confidential and for all activity under your account. Notify us promptly of any unauthorized use or suspected security breach. We may suspend or revoke access at any time to protect the Platform or its users.
Ownership & Intellectual Property
The Platform, including its software, design, features, text, graphics, logos, and all related intellectual property, is owned by Elite Service or its licensors and is protected by law. Except for the limited license granted above, this Agreement transfers no ownership or rights to you. "Elite Service," "Elite Operating System," "EOS," and associated marks and logos are the property of Elite Service and may not be used without our prior written permission.
Payments & Authorization
Payments for services may be made through the Sign & Pay checkout. When you submit a payment, you represent that you are authorized to use the payment method and you authorize Elite Service and its payment processor to charge the amount presented for the associated work.
Payment processing. Card payments are processed by Intuit, Inc. through QuickBooks Payments. Card data is transmitted to and tokenized by Intuit; in normal operation Elite Service does not receive or store your full card number. Your use of the payment feature is also subject to Intuit's applicable terms.
Where a discount for payment by cash or check is offered, the discounted price and the standard price are disclosed at the time of payment, and you may choose your payment method accordingly. Amounts are due as stated on the associated work order or invoice. Refunds, adjustments, and disputes are handled in accordance with your service agreement and applicable law; please contact our office promptly with any billing question.
Third-Party Services
The Platform relies on third-party services, including Intuit (QuickBooks and QuickBooks Payments), Google, and hosting and mapping providers. Your use of features powered by those services may also be subject to their terms and policies. Elite Service is not responsible for third-party services and disclaims liability for their acts or omissions to the extent permitted by law.
Privacy
Our collection and use of information in connection with the Platform is described in our Privacy Policy, which is incorporated into this Agreement by reference. By using the Platform, you acknowledge the practices described there.
Disclaimer of Warranties
The Platform is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure. This section does not affect any separate warranty Elite Service provides for the physical services it performs, which is governed by your service agreement.
Limitation of Liability
To the maximum extent permitted by law, Elite Service and its owners, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising out of or relating to your use of, or inability to use, the Platform. To the maximum extent permitted by law, our total liability arising out of or relating to the Platform will not exceed the greater of the amount you paid through the Platform for the transaction giving rise to the claim, or one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
Indemnification
You agree to indemnify and hold harmless Elite Service and its owners, employees, and affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Platform, your violation of this Agreement, or your violation of any law or the rights of a third party.
Term & Termination
This Agreement applies while you access or use the Platform. We may suspend or terminate your access at any time, with or without notice, including for any violation of this Agreement or to protect the Platform or its users. Upon termination, the license granted to you ends, while provisions that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will continue to apply.
Governing Law & Disputes
This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Virginia will have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the Platform, and you consent to venue in those courts, to the extent permitted by law.
Changes to This Agreement
We may update this Agreement from time to time. When we do, we will revise the "Last Updated" date above. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Agreement.
Contact
Questions about this Agreement can be directed to us using the details below.
Elite Service & Enterprises, LLC
Virginia Class A Contractor License #2705 1553792. SWaM Certified #712377. Founded May 2014. Based in Chesapeake, serving Hampton Roads commercial customers.
Questions about these terms?
Reach our office directly at (757) 641-0085 or send a message through our contact page. We're happy to help.