Data Import Terms of Service

These Data Import Service Terms and Conditions (the “Agreement”) are entered into by and between Octopusapp Inc. dba Jobber, a corporation with its principal office at 10130 103 Street NW, Suite 300, Edmonton AB T5J3N9 (“Jobber”, “Company,” “we,” “our,” or “us”) and the customer (“Customer,” “you,” or “your”) who has registered to use Jobber’s services as described in Jobber’s Terms of Service (the “General Terms of Service”). By using the Data Import Service (as defined below), you agree to the terms outlined in this Agreement.

By selecting “Submit” or using the Service, you accept and agree to be bound by this Agreement.

1. Service Overview

1.1 Overview. The Data Import Service (“Data Import Service”) helps you migrate your data, as further described in this Agreement, to the Company’s platform. This service is intended to assist you with setting up and configuring your account to use Jobber’s services (“Jobber Service(s)”).

1.2 Availability. The Data Import Service is included as part of our premium support for customers who sign up for the Jobber Plus plan. Currently, the Data Import Service is only available to customers on the Jobber Plus plan, and is offered as an optional service included with that plan, subject to Customer’s acceptance of this Agreement. The Company reserves the right to offer the Data Import Service to customers on other subscription plans at its discretion.

2. Scope of the Service

2.1 Inclusions. The Data Import Service includes data migration assistance (via CSV or XLSX formats) and configuration of the Jobber Service(s) as agreed. The current scope of the Data Import Service includes:

• Importing Customer’s products & services.
• Importing Customer’s client lists.
• Importing Customer jobs.
• Importing up to 100 historical quotes and/or invoices.
• If provided to Jobber by Customer, importing Customer branding and social network URLs.

2.2 Exclusions: The Data Import Service does not include:

• Custom software development or programming.
• Ongoing maintenance of your data post-migration.
• Integration with third-party platforms.
• Employee training or training materials.

2.3 Discretionary Inclusions. On a case-by-case basis, Jobber may, at its sole discretion, manually add other data items such as quotes, tasks, and invoices to the data import scope. These additions will be evaluated on an individual basis, and Jobber is not obligated to include them as part of the data import process.

2.4 Customer Responsibilities. You are responsible for providing:

• Data in CSV or XLSX format.
• Access to your systems or databases if required.
• Ensuring that you have obtained all necessary consents and permissions to transfer and process your data.

3.Data Privacy, Security, and Account Access

3.1 Customer Authorization to Access Account. By using the Data Import Service, you authorize Jobber employees, contractors, or agents (“Company Representatives”) to access your account, systems, and data for the purpose of performing data migration, configuration, and onboarding setup. This access is strictly limited to tasks related to the onboarding process, including migrating your data to Jobber’s platform and any other activities agreed upon.

3.2 Access for Data Import Purposes Only. Company Representatives will use the access granted solely for the purpose of performing the Data Import Service. They will not take any actions outside the scope of the tasks outlined in this Agreement unless explicitly authorized by you in writing.

3.3 Security and Confidentiality. We are committed to maintaining the security and confidentiality of your data. All Company Representatives who access your account are bound by confidentiality agreements and are required to adhere to the Company’s internal security policies to protect your data.

3.4 Sensitive Data Exclusions. You agree not to provide or upload any sensitive data as part of the data import process. This includes, but is not limited to:

• Payment card information (credit/debit card numbers).
• Health-related information (e.g., health records, medical history).
• Social security numbers or government-issued identification numbers.
• Any data classified as “sensitive” or “special categories of data” under applicable laws (such as GDPR, CCPA, etc.).

If sensitive data is inadvertently provided or uploaded during the onboarding process, we reserve the right to immediately halt our provision of the Data Import Service and request the removal of such data.

3.5 Data Ownership. You retain ownership of all data provided for migration. All data will be handled in accordance with our Privacy Policy, which governs how we process and protect your information.

3.6 Data Security Measures. The Company will implement reasonable and appropriate technical and organizational measures to secure your data during the data import process.

3.7 Customer Monitoring and Control. While the Company Representatives may have access to your account for the purposes of performing the Data Import Service, you remain in control of your account. You have the right to:

• Monitor access to your account during the onboarding process.
• Revoke access to your account at any time, either via your account management tools or by contacting the Company.

3.8 Breach Notification. In the event that you suspect unauthorized access or a security breach related to your account during the onboarding process, you must notify the Company immediately. We will investigate the issue promptly, and work with you to address and remediate any potential risks or damages.

4. Disclaimers and Limitations of Liability

4.1 No Guarantee of Data Import Success. The Company does not guarantee that the data importation will be flawless or that all issues will be resolved during the process. Data import success is dependent on various factors, including the quality of your data.

4.2 No Warranty. The Data Import Service is provided “as is,” and we make no warranties of any kind, whether express or implied, including but not limited to warranties of fitness for a particular purpose or non-infringement.

4.3 Limitation of Liability. Our liability for any claims arising from this Agreement, whether in contract, tort, or otherwise, is limited to the greater of $100 or the fees paid by you for the Data Import Service in the 30 days preceding the claim. We will not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or data.

5. Indemnification

5.1 Customer Intellectual Property Indemnification. You represent and warrant that you own all rights, titles, and interests in and to any logos, branding, trademarks, and URLs (“Your Branding”) provided to us for use in connection with the Data Import Service and set up of your account. You agree to indemnify, defend, and hold the Company, its affiliates, officers, employees, and agents harmless from any claims, damages, losses, or expenses arising out of any third-party claims related to Your Branding, including any claims of intellectual property infringement.

5.2 General Customer Indemnification. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Data Import Service.
• Your violation of this Agreement or any applicable law.
• Any breach of data privacy or unauthorized disclosure of confidential information, to the extent such actions are attributable to your actions or negligence.

5.3 Company Indemnification. We agree to indemnify, defend, and hold harmless you from any claims arising from our wilful misconduct or from our gross negligence in performing the Data Import Service.

6. Term and Termination

6.1 Term. This Agreement begins when you accept these Terms and continues until the Data Import Service is completed or terminated.

6.2 Termination. Either party may terminate this Agreement at any time by notifying the other party. Upon termination, you will still be responsible for any fees, if applicable, incurred up to the point of termination.

6.3 Survival. Upon termination of the Data Import Service, Sections 4 (Limitation of Liability), 5 (Indemnification), 9 (Miscellaneous), and any other provisions that by their nature should survive, will continue in full force and effect.

7. Additional Terms for Account Access

7.1 Authorization and Consent. By accepting the Agreement, you confirm that you have granted the necessary access to your account for the sole purpose of completing the Data Import Service. If you are acting on behalf of an organization, you confirm that you have the authority to grant this access.

7.2 Limitations on Company’s Liability for Account Access. While we will take all reasonable precautions to protect your account and data, you acknowledge that you are ultimately responsible for managing and securing your own account. We will not be liable for any damages or loss caused by unauthorized access or actions taken by third parties outside of our control, except where such access or actions result from the gross negligence or misconduct of Company Representatives.

8. Support and Service Levels

8.1 Support. Jobber will provide reasonable support during the onboarding process, including assistance with data import and account configuration. Additional support outside the onboarding process may be subject to additional charges.

8.2 Service Level Commitment. Jobber will use commercially reasonable efforts to complete the data import process within a reasonable timeframe. However, the Company does not guarantee a specific completion date and will not be liable for delays.

9. Miscellaneous

9.1 Governing Law and Jurisdiction. This Agreement is governed by the laws of the Province of Alberta. Disputes will be resolved in the courts located in Edmonton, Alberta.

9.2 Entire Agreement. This Agreement, along with any other documents referenced herein (including the General Terms of Service), constitute the entire agreement between the parties concerning the Data Import Service. In the event of any conflict between this Agreement and the General Terms of Service, the provisions of this Agreement shall control with respect to the Data Import Service, and the General Terms of Service shall apply to all other aspects of your use of Jobber’s platform and services.

9.3 Use of Services. Your use of Jobber’s platform, services, and any other features, including the Data Import Service, will continue to be governed by the General Terms of Service. This includes your use of any Jobber Service(s) before, during, and after the migration process.

9.4 Amendments. The Company may update or modify these Terms from time to time. Any changes will be posted on the Company’s website, and you will be notified by email or through the platform. By continuing to use the Onboarding Service or any of the Company’s services, you agree to the updated terms.

9.5 Severability. If any provision of this Agreement is found to be unenforceable, the remainder will remain in effect.

Acknowledgment and Acceptance

By clicking “Submit”, you acknowledge that you have read, understood, and accepted this Agreement, including the provisions regarding account access, data handling, security measures, and the processing of your data.