Jobber Payor Terms Of Service

1. SERVICES AND SUPPORT
1. Octopusapp Inc. d/b/a Jobber (“Jobber” or “us” or “we”) provides its services platform, software, and related services (collectively “Service(s)”) to its customers (each a “Merchant”). The Services enable you (“Customer” or “you”) to use our service provider, Stripe. Inc. and its affiliates (“Stripe”) or any other service providers that we may engage from time to time to provide the Services to pay a Merchant via the Jobber feature(s) the Merchant has activated pursuant to these Jobber Payor Terms of Service (the “Agreement”). You agree and acknowledge that Jobber is not a party to any agreement you have with the Merchant to whom you are making a payment or party to or part of the payment transactions and any disputes related thereto are solely between you and the Merchant. 
2. By accessing or using the Services, Customer unconditionally accepts and agrees to all of the terms of this Agreement. If entering into this Agreement on behalf of a company or other legal entity, Customer represents and warrants that it has the authority to bind such entity and its affiliates to the terms of this Agreement and it is duly authorized and empowered to use the Services on behalf of such entity and its affiliates, and, accordingly, the term “Customer” shall refer to you, as well as such entity and its affiliates. If Customer does not have such authority, or Customer does not agree to all of the terms of this Agreement, Customer may not use the Services. Subject to the terms of this Agreement, Jobber will use commercially reasonable efforts to provide Customer (a) the Services in accordance with the terms and limitations of this Agreement, and (b) reasonable support services, through electronic mail or another online mechanism, in accordance with Jobber’s standard practice. Customer acknowledges that Jobber does not provide and is not responsible for any of the payment services, all of which are provided to you directly by Stripe or other third party service providers. Jobber may update or change features or functionality of the Services from time to time in its sole discretion. In addition, when using certain services, Customer will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.getjobber.com/privacy-policy/. All such terms are hereby incorporated by reference into this Agreement. As set out in section 4 below, you are also subject to Stripe’s terms of service. 
3. Jobber reserves the right to change or modify portions of this Agreement at any time. If Jobber does so, it will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. Any such changes will become effective no earlier than seven (7) days after being posted, except that changes addressing new functions of the Services, non-material change (such as clarifications), or changes made for legal reasons may become effective immediately. Customer’s continued use of the Service after the date on which any such changes become effective constitutes acceptance of the new Agreement.
4. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST JOBBER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
2. RESTRICTIONS AND RESPONSIBILITIES
1. Customer will only use the Services as expressly permitted herein and agrees that it will not, and will not permit any third party to, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Jobber or authorized within the Services); use or allow access to the Services or any Software for time-sharing or service bureau purposes or otherwise allow Services’ use or access to or for the benefit of any third party (including, without limitation, any direct or indirect competitor of Jobber); remove any proprietary notices or labels; use or access the Services to develop a product or service that is, directly or indirectly, competitive with the Services or engage in competitive analysis or benchmarking; or modify, adapt or hack the Services, or otherwise attempt to probe, scan, test or gain or allow unauthorized access to the Services or their related systems or networks. With respect to any Software (in any form) that is provided to Customer (if any), Jobber hereby grants Customer a non-exclusive, non-transferable, non-sublicensable license to use such Software solely internally in connection with the Services and for no other purpose. All Software is Proprietary Information of Jobber and subject to the terms of Section 3. 
2. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Jobber’s standard published policies and codes of conduct then in effect and all applicable laws and regulations (including, without limitation, those relevant to privacy, spam, intellectual property, and the like). Customer hereby agrees to indemnify and hold harmless Jobber against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of any of any term of this Agreement or otherwise from Customer’s use of Services. Although Jobber has no obligation to monitor Customer’s use of the Services, Jobber may do so and may prohibit any use of the Services (or disable content or data) it believes may be (or alleged to be) in violation of the foregoing or any other term of this Agreement.
3. Customer shall be responsible for all activities occurring under Customer’s account and for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords, and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
3. CUSTOMER DATA; THIRD PARTY SERVICES; PROPRIETARY RIGHTS
1. In order to provide the Services, Jobber requires access to and use of certain of Customer’s and information and data (“Customer Data”), including, without limitation, financial data and information of Customer that is hosted by third party services used by Customer, and in connection with Jobber’s provision of the Services, at Customer’s request or direction, Jobber may transmit or share the Customer Data that is requested or directed to be shared to a third party service and any other information as necessary for such third party service to provide its service to Customer (any of such third party services described in this sentence, “Third Party Services”). Jobber will access and use Customer Data solely as reasonably necessary to provide the Services and as otherwise expressly permitted in this Agreement. Customer, not Jobber, will have sole responsibility for ensuring the accuracy, quality, integrity, legality, and intellectual property ownership of all Customer Data, and Customer shall hold Jobber harmless from and against any claims, damages, losses, liabilities, or expenses arising from or relating to any errors, inaccuracies, faults, illegalities, or other issues relating to any Customer Data. Customer acknowledges and agrees that it is solely responsible for obtaining any and all consents or approvals necessary for Jobber to access and use the Customer Data to provide the Services to Customer or to transmit or share Customer Data at Customer’s request or direction in connection with the Services. Third Party Services are not under Jobber’s control and Customer acknowledges that Jobber is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Services.
2. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical, or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Jobber includes all Software and other non-public information regarding features, functionality, and performance of the Service, including, without limitation, workflows, visual layouts, and the like. Proprietary Information of Customer includes Customer Data. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information; and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law. The Receiving Party acknowledges and agrees that due to the unique nature of the Disclosing Party’s Proprietary Information, there can be no adequate remedy at law for any breach of its obligations hereunder, which breach would result in irreparable harm to the Disclosing Party, and therefore, that upon any such breach or any threat thereof, the Disclosing Party shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to whatever remedies and damages it might have at law.
3. Jobber shall own and retain all right, title, and interest in and to (a) the Services and Software, and all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed in connection with Services or support, and (c) all intellectual property rights related to any of the foregoing. Notwithstanding anything to the contrary, Jobber shall have the right to collect and analyze data and information relating to the use and performance of various aspects of the Services and related technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Jobber will be free (during and after the term hereof) to (i) use such information and data to provide, improve and enhance the Services and other Jobber offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. Further, if Customer provides or communicates (through the Service or otherwise) any feedback, discoveries, ideas, concepts, terminology, designations, or suggestions relevant to the Services (or improvements, enhancements, or modifications thereto) or Jobber’s business, technology, or Proprietary Information (“Feedback”), Customer grants Jobber the fully paid-up, irrevocable right and license to use, share, modify, commercialize, and otherwise fully exercise and exploit such Feedback and all related intellectual property or other rights (and to allow others to do so) for any purpose. Jobber will have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features, or functionality. No rights or licenses are granted except as expressly set forth herein, and Jobber reserves all rights and remedies available at law or in equity regarding any unauthorized use of Jobber’s Services, Software, Proprietary Information or other technology or intellectual property rights. The terms of this Section survive termination of this Agreement in perpetuity.
4. STRIPE/THIRD PARTY SERVICES
1. PAYMENT METHOD. To make a payment to the Merchant using the Services, you must provide a valid payment method (“Payment Method”) for Jobber to provide to Stripe or any other third party service provider it utilizes (the “Third Party Service Providers”) so that the Third Party Service Provider can make payment on your behalf. By providing your Payment Method to Jobber, you represent and warrant that you have the authority to authorize payments using the Payment Method and that the information is accurate and valid. You agree to provide Jobber with accurate and complete information necessary to allow Jobber to share that information with the Third Party Service Provider so that the Third Party Service Provider can debit your Payment Method. You agree to promptly provide Jobber with any additional information concerning your Payment Method necessary so that the Third Party Service Provider can make proper and complete debits to your Payment Method. You also agree to promptly notify Jobber and Merchant of any changes to your Payment Method if you have elected to save your Payment Method information through the Services. Jobber is not responsible for confirming the accuracy of information Customer provides to Jobber, and Jobber is not responsible for any losses incurred due to inaccurate information provided to Jobber. Jobber is not responsible for any payment errors that result from your failure to provide complete or accurate information concerning your Payment Method. You are solely responsible for any fees assessed by your financial institution related to your use of the Services. You agree to comply with and be bound by any payment network rules governing your Payment Method.
2. You understand that Jobber is not making any payments for you; those payments are made by the Third Party Service Provider; we provide a link to the gateway of the Third Party Service Provider but we do not provide any payment instructions to the Third Party Service Provider.  Those are provided by you to the Third Party Service Provider directly through a link to the Third Party Service Provider from the Jobber Platform.
3. Jobber reserves the right to establish limits on the amount or frequency of payments with or without notice to Customer. Jobber is not responsible for any losses incurred due to a delayed or rejected payment. Jobber does not guarantee that funds will be made available to the Merchant by a specified time, unless otherwise agreed upon in writing. Jobber does not control when or whether funds are made available through the banking system. Actions taken or omitted by Customer’s bank or other Payment Method provider may result in delays or failed payments. Jobber is not responsible for any losses incurred due to delayed or rejected payments. Customer and Merchant remain liable to each other for timely payment of invoice amounts and related performance according to the terms agreed upon between the parties. Jobber is not a party to such agreement.
4. PAYMENT AUTHORIZATION.
1. Jobber assists the Third Party Service Providers so that they are able to process your payments. By providing a Payment Method to Jobber, Customer authorizes Jobber to share that information with the Third Party Service Provider and for the Third Party Service Provider to use the Payment Method to complete the requested payment. Customer authorizes the Third Party Service Providers to debit the selected Payment Method in the identified payment amount on the identified date in accordance with the instructions provided to the Third Party Service Provider.
2. Customer also authorizes the Third Party Service Providers to initiate a debit to Customer’s Payment Method to correct an error or to satisfy any other obligation Customer owes to Jobber as a result of a payment that has been reversed, charged back, found to be fraudulent, or otherwise resulted in a loss to Jobber.
3. If you have elected to save your Payment Method information through the Services for future payments to the Merchant, including future one-time, recurring, or pre-scheduled payments, you authorize the Third Party Service Providers to debit the Payment Method for such future payments in accordance with your instructions. This payment authorization will remain in full force and effect until you notify the Merchant of cancellation by sending written notice in such time and in such manner to allow Merchant, Jobber, and any receiving financial institution a reasonable opportunity to act upon it.
5. DISPUTED PAYMENTS
1. Customer is responsible for all payments made using Customer’s Payment Method. If Customer disputes a payment, Customer shall notify the Merchant and notify Jobber immediately at: [email protected]. Jobber may attempt to cancel a disputed payment but is not required to do so. If Jobber is unable to cancel a disputed payment before funds are disbursed to the Merchant, Customer remains liable for that amount and is not entitled to a refund from Jobber. Customer agrees to indemnify Jobber for all losses incurred due to disputed payments, including for fraud, reversals, and chargebacks and related fees or fines that may be imposed by a third party.
2. Customer has primary responsibility for responding to and contesting (if applicable) any disputed payment in respect of a payment to which Customer is a party. In the event that Customer does not promptly address a disputed payment, Customer hereby grants Jobber the ongoing right and authorization to collect and submit, in its sole discretion, relevant information and evidence from Customer’s Jobber account to Stripe to provide to the applicable Payment Method provider in order to address any disputed charge.
6. As noted above, to facilitate payment for the Services via bank account, credit card, or debit card, Jobber uses Stripe and its affiliates , a third-party payment processor. Stripe is a Third Party Service Provider. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the “Stripe Agreements”). By agreeing to this Agreement and using the payment functions of the Services you also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. Customer hereby authorizes Stripe to store and continue billing Customer’s specified Payment Method even after such Payment Method has expired, to avoid interruptions in payment for Customer’s use of goods or services provided by Merchant. Please contact Stripe for more information. Jobber assumes no liability or responsibility for any payments Customer makes through the Services.
7. In order for Stripe to process your payment, there is a requirement to verify your account information. By providing a Payment Method to Jobber for the Third Party Service Provider, Customer authorizes Jobber and/or Third Party Service Providers to make one or more microdeposits (in an amount of $0.99 or less) into your account for purposes of validating your Payment Method, and any other reasonable means to validate your account as determined by Jobber or any Third Party Service Provider.
5. FEES. Jobber does not assess fees for Customer making payments through the Services. Jobber reserves the right to change its fee structure at any time in its discretion. By submitting a payment instruction to Stripe or another Third Party Service Provider through the Services, Customer agrees to pay the fees assessed.
6. TERMINATION. You agree that Jobber, in its sole discretion, may suspend or terminate your access to or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Jobber believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. Jobber may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Jobber may immediately deactivate or delete all related information and files saved via the Services and/or bar any further access to such files or the Service. Further, you agree that Jobber will not be liable to you or any third party for any termination of your access to the Service.
7. WARRANTY AND DISCLAIMERS. Jobber shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Jobber or by third-party providers, or because of other causes beyond Jobber’s reasonable control, but Jobber shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, JOBBER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND JOBBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
8. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, JOBBER AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND JOBBER’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES RECEIVED BY JOBBER FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT JOBBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Dispute Resolution By Binding Arbitration. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH JOBBER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
1. APPLICABILITY OF ARBITRATION AGREEMENT. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Jobber, will be resolved by binding arbitration, rather than in court, except that: (i) you may assert claims in small claims court if your claims qualify; and (ii) you or Jobber may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
2. PRE-ARBITRATION DISPUTE RESOLUTION. Jobber is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Jobber should be sent to Octopusapp Inc. dba Jobber at Suite 300, 10130 103 Street NW, Edmonton, AB, Canada, T5J 3N9 with a copy to [email protected]. The Notice must (i) describe the nature and basis of the claim or dispute, and (ii) set forth the specific relief sought. If Jobber and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Jobber may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Jobber or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Jobber is entitled.
3. Additional Terms.  ARBITRATION RULES AND FORUM.  The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under USD $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, Jobber will pay them for you. In addition, Jobber will reimburse all such JAMS’s filing, administrative, hearing, and/or other fees for claims totaling less than USD $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. If the parties are unable to agree on a location, the determination will be made by JAMS. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
4. AUTHORITY OF ARBITRATOR. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement, and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Jobber. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
5. WAIVER OF JURY TRIAL. YOU AND JOBBER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Jobber are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 9.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
6. WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the Provincial or Federal Courts located in the Province of Alberta. All other claims shall be arbitrated.
7. 30-DAY RIGHT TO OPT OUT.  You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Suite 300, 10130 103 Street NW, Edmonton, AB T5J 3N9 Canada, within 30 days after first becoming subject to this Arbitration Agreement and by email to Jobber at [email protected]. Your notice must include your name and address, your Jobber username (if any), the email address you used to set up your Jobber account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
8. SEVERABILITY.  Except as provided in subsection 9.7, if any part or parts of this Arbitration Agreement (other than the subsection 9.6  above titled “Waiver of Class or Other Non-Individualized Relief”) are found under the law to be invalid or unenforceable, the parties agree to replace such part or parts with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable part or parts, and this Arbitration Agreement will be enforceable as so modified. If any of the provisions of subsection 9.6 above titled “Waiver of Class or Other Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.
9. SURVIVAL OF AGREEMENT.  This Arbitration Agreement will survive the termination of your relationship with Jobber.
10. MODIFICATION. Notwithstanding any provision in this Agreement to the contrary, we agree that if Jobber makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Jobber at the following address: Suite 300, 10130 103 Street NW, Edmonton, AB T5J 3N9 Canada. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
11. CONFIDENTIALITY.  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
10. MISCELLANEOUS.  This Agreement (together with the terms incorporated by reference herein) constitutes the entire agreement between you and Jobber governing your access and use of the Services, and supersedes any prior agreements between you and Jobber with respect to the Services. You are also subject to additional terms and conditions that may apply when you use Third Party Services, third-party content, or third-party software including those entered into with Stripe or any other Third Party Service Provider. This Agreement will be governed by the laws of Alberta, Canada without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Jobber submit to the personal and exclusive jurisdiction of the provincial and federal courts located within Alberta, Canada.  The failure of Jobber to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Agreement without the prior written consent of Jobber, but Jobber may assign or transfer this Agreement, in whole or in part, without restriction. The section titles in this Agreement are for convenience only and have no legal or contractual effect. As used in this Agreement, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service. Jobber will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Jobber’s reasonable control.

Octopusapp Inc.
Suite 300
10130 103 Street NW
Edmonton, AB
Canada
T5J 3N9