Terms of Service

1. Acceptance of these Terms

By creating an account, clicking to accept these Terms, or accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services. If you use the Services on behalf of a business, “you” means both you individually and that business, and you represent that you have the authority to bind the business to these Terms.

2. Eligibility & authority

The Services are business tools intended for use by service businesses and their teams. To use the Services you must:

• be at least 18 years old;
• use the Services for business purposes, not for personal, family, or household purposes; and
• have the authority to act for the business on whose behalf you register or work.

Team members (for example, technicians or dispatchers) may be invited into an organization by its owner and use the Services under that organization’s account, subject to these Terms.

3. Our products

The Services currently include two products, both operated by Elevate Repair LLC:

• S Protocol — a service-business operating platform for managing customers, jobs, scheduling, dispatch, technicians, estimates, invoices, payments, and team communication, available at app.s-protocol.com and through our iOS application.
• S Invoice — a focused estimates and invoicing product for independent service businesses, available at invoice.s-protocol.com. S Invoice is an S Protocol product, and an S Invoice workspace may later be upgraded to the full S Protocol platform.

References to the “Services” in these Terms include both products unless a provision states otherwise.

4. Accounts & security

You must provide accurate, current registration information and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@s-protocol.com if you believe your account has been accessed without authorization. We may require email verification, human-verification challenges, or other reasonable security measures before or after account creation, and we may refuse, limit, or revoke registrations to protect the Services.

5. Organizations & workspaces

The Services are organized around organizations (workspaces). The user who creates an organization is its owner. The owner controls the organization’s settings, membership, roles, product access, and billing, and is responsible for:

• the actions of users the owner invites into the organization;
• the data the organization submits to the Services; and
• ensuring the organization’s use of the Services complies with these Terms and applicable law.

Removing a member’s access to a feature (for example, team chat) or to the organization does not by itself delete historical records created while they were a member.

6. Plans, subscriptions & billing

S Protocol offers a Free plan and a paid S Protocol Pro subscription.

• Free plan. The Free plan includes core platform functionality subject to usage limits (see Section 9). The Free plan is intended to let you evaluate and start running your business on S Protocol; it is not a promise of unlimited free service.
• S Protocol Pro. Pro is a recurring subscription (billed monthly or yearly) that removes the Free plan’s usage limits. Current pricing is shown on our website and in the product at the time of purchase.
• Recurring billing. Paid subscriptions renew automatically at the end of each billing period and your payment method is charged at the then-current price until you cancel. Where required, we will notify you of price changes before they apply to your renewal.
• Payment channels. Subscriptions purchased on the web are processed by Stripe. Where subscription purchase is offered through the Apple App Store, those subscriptions are billed and managed by Apple under Apple’s terms, and must be managed (including cancellation) through your Apple account.
• Trials. We may offer free trials from time to time. Unless stated otherwise, a trial converts into a paid subscription at the end of the trial period if not cancelled.
• Taxes. Prices exclude applicable taxes, which are your responsibility unless we are required to collect them.

S Invoice does not currently require a paid subscription. We may introduce, change, or retire plans and pricing over time as described in Section 26.

7. Cancellation

You may cancel a paid subscription at any time. Cancellation stops future renewals; your subscription remains active through the end of the billing period already paid, after which your organization moves to the Free plan (subject to its usage limits). Subscriptions billed through the Apple App Store must be cancelled through Apple. Deleting the app or ceasing to use the Services does not by itself cancel a subscription.

8. Refunds

Except where required by applicable law or expressly stated otherwise in writing, subscription fees are non-refundable and non-creditable, and we do not provide refunds or credits for partial billing periods, unused time, or unused features. For purchases made through the Apple App Store, refund requests are handled by Apple under Apple’s policies. If you believe you were charged in error, contact us at support@s-protocol.com and we will review in good faith.

9. Usage limits

The Free plan includes limits on usage — currently, limits on the number of jobs, invoices, and recorded payments an organization can create. Where a creation limit is lifetime-based, deleting, voiding, or archiving records does not restore quota. Current limits are shown on our pricing section and in the product. We may also apply reasonable technical limits (such as storage, attachment size, or messaging rate limits) to protect the Services, and may enforce limits automatically. Upgrading to S Protocol Pro removes the Free plan’s core usage limits.

10. Your business & customer data

“Business Data” means the data your organization submits to the Services, including records about your own customers (“Customer Records”), jobs, estimates, invoices, payments, messages, and attachments.

• As between you and us, your organization owns its Business Data.
• You grant us a limited, worldwide, non-exclusive license to host, process, transmit, display, and back up Business Data as needed to provide, secure, and improve the Services and to comply with law.
• Your organization is responsible for its Customer Records — including having a lawful basis to collect them, keeping them accurate, honoring your own customers’ requests, and obtaining any consents required to contact customers through the Services (for example, consent to receive text messages).
• We process Business Data as described in our Privacy Policy.

11. Invoices, estimates, payments & financial records

The Services let your business create estimates and invoices, share them with your customers, record payments and refunds, and keep related records. You are solely responsible for the contents, accuracy, and legality of the documents your business issues — including pricing, taxes, disclosures, warranty terms, and record-keeping obligations that apply to your business. S Protocol is a software tool; we are not a party to, and are not responsible for, transactions between your business and its customers. The Services are not accounting, tax, or legal advice, and records in the Services do not replace any books or filings the law requires you to keep.

12. Payment processing (Stripe & third parties)

Online card payments, subscription billing, and payouts are processed by Stripe. If your business enables online payments, you may be required to create a Stripe connected account, and your use of Stripe’s services is subject to Stripe’s agreements, including the Stripe Services Agreement and the Stripe Connected Account Agreement. Stripe — not S Protocol — processes and holds card data and moves funds. We are not a bank, money transmitter, or payment processor; we do not guarantee that any particular payment will be authorized, settled, or free of chargebacks, and fees charged by Stripe or other processors are your responsibility. Payments made through the Apple App Store are processed by Apple.

13. Integrations & third-party services

The Services can connect with third-party products — for example Stripe, Thumbtack, Quo, Google services, SMS and email delivery providers, and custom webhooks or APIs. Third-party services are governed by their own terms and privacy policies; we do not control them and are not responsible for them. Enabling an integration authorizes us to exchange relevant data with that service on your organization’s behalf. An integration that a third party changes, limits, or discontinues may stop working, and we are not liable for that.

14. Your content & attachments

The Services allow your organization to upload content such as logos, photos, documents, signatures, notes, and messages. You retain your rights in this content and are responsible for it, including having the rights needed to upload and use it. You grant us the limited license described in Section 10 to host and process this content in order to operate the Services. We may remove content that we reasonably believe violates these Terms or the law.

15. Acceptable use

You agree to use the Services only for lawful business purposes and in accordance with these Terms. In particular, you agree to:

• comply with applicable laws, including consumer-protection, telemarketing, text-messaging, and privacy laws when contacting your customers through the Services;
• send messages only to recipients from whom your business has any required consent, and honor opt-out requests;
• keep your account credentials secure and your registration information accurate; and
• use the Services within reasonable operational limits and in a way that does not degrade the Services for others.

16. Prohibited activities

You may not, and may not permit anyone to:

• use the Services for unlawful, deceptive, or fraudulent activity, or to send spam or unsolicited messages;
• upload malicious code or content that is unlawful, infringing, or harmful;
• probe, scan, or test the vulnerability of the Services, bypass authentication or rate limits, or access data belonging to another organization;
• scrape, harvest, or bulk-extract data from the Services except through interfaces we provide for that purpose;
• reverse engineer, decompile, or copy the Services except where the law permits it despite this restriction;
• resell, sublicense, or provide the Services to third parties as a service bureau without our written agreement;
• misrepresent your identity or business, or impersonate another person or business; or
• use the Services to build a competing product using our non-public materials.

17. Service availability & changes

We work to keep the Services available and dependable, but the Services are provided without an uptime guarantee or service-level agreement. The Services may be interrupted for maintenance, updates, infrastructure failures, or events outside our control. We may add, change, or remove features over time. Where a change materially reduces the core functionality your paid plan relies on, we will use reasonable efforts to notify you in advance.

18. Beta & evolving features

The Services are actively developed, and some features may be offered as beta, preview, early access, or by request. Such features are provided as-is, may change or be withdrawn at any time, may have additional usage conditions, and may be less reliable than generally available features. Feedback you give us about the Services may be used by us without restriction or obligation to you.

19. Intellectual property

The Services — including software, design, and branding such as the S Protocol and S Invoice names and logos — are owned by Elevate Repair LLC or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for your business during your subscription or permitted free use. No rights are granted except as expressly stated in these Terms.

20. Confidentiality

Each party may receive non-public information from the other in connection with the Services. Each party agrees to use the other’s non-public information only as needed to perform under these Terms, to protect it with reasonable care, and not to disclose it to third parties except to employees, contractors, and service providers who need it and are bound by confidentiality obligations, or where disclosure is required by law.

21. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF CRITICAL BUSINESS RECORDS TO THE EXTENT REQUIRED FOR YOUR BUSINESS.

22. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

23. Indemnification

You will defend, indemnify, and hold harmless Elevate Repair LLC and its officers, members, employees, and agents from and against claims, damages, and expenses (including reasonable attorneys’ fees) arising from: (a) your Business Data or content; (b) your use of the Services in violation of these Terms or the law; (c) transactions or disputes between your business and its customers; or (d) your violation of third-party rights, including your customers’ privacy or communication-consent rights.

24. Suspension & termination

You may stop using the Services at any time, and the organization owner may request account and organization deletion as described in our Privacy Policy. We may suspend or terminate access to the Services (in whole or in part) if: you materially breach these Terms; your use creates security, legal, or operational risk; payment for a paid plan fails and is not cured; or we are required to do so by law. Where practical, we will notify you and give you an opportunity to cure before termination for breach. Upon termination, your right to use the Services ends; Sections that by their nature should survive (including Sections 10, 11, and 19–25) survive. After termination we have no obligation to retain Business Data beyond what the law requires of us, so export any records you need before closing your account.

25. Governing law & disputes

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Before filing a claim, you agree to contact us at support@s-protocol.com and give us 30 days to work with you to resolve the dispute informally. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Colorado, and each party consents to their jurisdiction. Each party waives any right to a jury trial to the extent permitted by law. Nothing in this section prevents either party from seeking relief in small-claims court or seeking injunctive relief to protect intellectual property or confidential information.

26. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date and version above, and for material changes we will provide reasonable notice — for example, by email, in the product, or by requiring acceptance of the updated Terms at sign-in. Changes apply going forward; your continued use of the Services after the effective date constitutes acceptance. If you do not agree to updated Terms, stop using the Services and cancel any paid subscription before the changes take effect.

27. Contact

Questions about these Terms can be sent to:

Elevate Repair LLC (operating S Protocol and S Invoice)
Email: support@s-protocol.com