Servli™ Terms of Use

We built Servli™ to make running a bar or restaurant more rewarding. It’s software that runs on the internet and is used in your browser. To make it useful there are some assumptions we needed to make about how you use it - that’s what follows as "The terms of use". Take a look and if there’s anything you can’t agree to, we’ll have to assume, unfortunately, that you won’t be using Servli. If you agree with everything, just go ahead and use it, and we’ll do our best every day to make it useful and rewarding. Thanks.

  1. Acceptance of Terms.

    These Servli Terms of Use, along with any disclosures, addendums or amendments hereto, as the same may be amended or modified from time to time (collectively, the "Terms of Use") constitutes an Terms of Use between you ("you", "your" or "User") and Servli, LLC, its successors and assigns ("Servli", "we", "us" or "our") which sets forth the terms and conditions applicable to your use and access to Servli located at www.servli.com or through our web-based or mobile applications (collectively, the "Services"). Your use of the Services is subject to our Privacy Policy, which addresses how we gather, use, disclose and manage your personal information.

    By using the Service, you understand and agree to the terms of this Terms of Use and you represent and warrant to us that you are able to enter into legally binding contracts. We reserve the right to change or modify this Terms of Use or our Privacy Policy, or modify or discontinue any portion of the Services or features and functionality provided through the Service, from time to time without prior notice to you (except where required by law). If we decide to change this Terms of Use or our Privacy Policy, we will post such changes on the Servli web site and such changes will be effective at such time. We reserve the right to modify, discontinue or terminate Servli, the Services, or your access to the Services, with or without prior notice to you. You agree that we shall not be liable to you or any third party for any modification or use of the Services or these Terms of Use.

  2. Servli Account Registration.

    In order to use the Services, you will first need to create a Servli Account ("Account") through Servli.com. To establish an Account you may need to provide personally identifiable information ("PII"), business information and location information that are collected on the secure enrollment page. This may include, but is not limited to, information such as your name, business name, email address, business location address, mailing address, phone number, login information and password. Required registration information may change from time to time.

  3. Payment of Account Fees and Renewal.

    We charge a monthly fee to use Servli. Fee details are outlined on Servli.com. The fees applicable to your use of our Service will be charged regardless of whether or how often you use the Service during each period for which you have subscribed to the Service. You agree that we may deduct your monthly fees directly from your Checking Account or charge to your Credit Card for the use of the Service. The Servli membership fee is non-refundable except as expressly set forth in these Terms. Our fees are subject to change at any time, although we will give you advance notice before the new fees take effect. There may be additional fees or charges that apply to additional or optional services that you elect to use, which you will be informed about before you use or enable those services.

    UNLESS YOU NOTIFY US BEFORE YOU INCUR A CHARGE FROM SERVLI THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW YOUR ACCOUNT, YOU UNDERSTAND YOUR SERVLI ACCOUNT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE ACCOUNT FEE(S) AND ANY TAXES, USING ANY CREDIT CARD OR BANK ACCOUNT WE HAVE ON RECORD FOR YOU.

    If you agree to make payment to Servli through a bank account, you authorize Servli to debit your designated bank account (your "Bank Account"). You must maintain a sufficient balance in your Bank Account to cover and fund the Servli monthly fees. By linking your Bank Account, you are representing that you have the right to authorize us to charge that Bank Account and you agree to indemnify and hold us harmless from any claims by any other account owner of your Bank Account for any payments you authorize us to make from your Bank Account. We will deduct the payment amount from your Bank Account on or about the payment date. If your Bank Account does not have sufficient funds available to cover your payment (such as where a deposit has not posted or a hold has been placed on deposited funds in your Checking Account), we will suspend your Servli Account access until the payment is received by us.

    If you agree to make payment to Servli through a credit card, and it declines payment of your Account fee, you have thirty (30) days to provide us a new credit card or your Account will be canceled. We reserve the right to suspend your Account access and the Services during the thirty (30) day period. If you provide us with a new card and are successfully charged within 30 days, your Account period will be based on the original renewal date and not the date of the successful charge.

  4. Account Notifications.

    To maintain an account, you must consent to receive all notices and information regarding Servli Services electronically. Electronic communications may be posted on Servli.com and/or delivered to your registered e-mail address or you may receive mobile alerts. All communications in electronic format will be considered to be in "writing", and to have been received no later than three (3) business days after posting or dissemination, whether or not you have received or retrieved the communication. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Servli may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

    You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Servli does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Servli shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

  5. Account Cancellation.

    You may cancel your membership any time by visiting Servli.com and adjusting your Account settings. After confirming you are the Account owner we will remove your Account, transactions, and login information from our records and will only continue to retain such information as we are required by law to retain or which may be retained in encrypted, archived electronic back-up for system-wide restoration. You understand that in the event you cancel your Account, you will have no entitlement to a refund of any monies paid to or received by Servli, and Servli will have no obligation to refund monies paid to or received by Servli.

    We reserve the right to terminate or suspend your access to the Service: (i) if you have breached any provision of this Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Terms of Use) or revoke your acceptance of the Terms of Use; (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if you fail to make any payment on your Account when due as provided in this Terms of Use; (iv) for any other reason or no reason, in our sole and absolute discretion. The termination of this Terms of Use will not affect any of our rights or your obligations arising under this Terms of Use prior to termination.

  6. Privacy and Your Personal Information.

    For more details on how your personal information will be used and how your personal information will be protected, please read the Servli Privacy Policy. This policy explains how we use your personal information and how we can utilize your personal information to deliver the Services. Our Privacy Policy may be updated from time to time at our discretion. Changes to our Privacy Policy will be effective upon posting to Servli.com. It is your responsibility to provide us with true, accurate and complete e-mail addresses, contact and other information to maintain and update promptly any changes in this information. We will treat your provision of an invalid e-mail address or any subsequent problems of delivery to a previously valid e-mail address as a withdrawal of your consent to receive electronic communications.

  7. Third-Party Offers.

    Some parts of the Service are supported by sponsored links from advertisers and may display Servli offers based on information stored in the Service, queries made through the Service or other information. Servli does not endorse, warrant or guarantee the products or services available through the Servli offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Servli is not an agent or broker or otherwise responsible for the activities or policies of those web sites.

  8. Feedback.

    We always welcome your correspondence, feedback, comments, complaints and suggestions (collectively, "Feedback") as this will help us improve our Services. As we develop the Services, you agree that all such Feedback becomes our proprietary information. With respect to the Feedback, you grant us a worldwide, nonexclusive, royalty-free, perpetual and irrevocable right and license to use, edit and excerpt such Feedback for any purpose, including without limitation incorporation of such Feedback into our Services. Feedback may be submitted on the Servli.com website.

    You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

  9. Ownership.

    The contents of Servli.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Servli.com belong to or are licensed to Servli, LLC or its software or content suppliers. Servli grants you the right to view and use Servli.com subject to these terms. You may download or print a copy of information provided on Servli.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Servli.com in whole or in part for any other purpose is expressly prohibited without our prior written consent. You may not copy or use PII or business information about other users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

  10. Indemnification.

    You agree to indemnify, defend and hold us and any of our affiliates, and all of our officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs (including attorneys’ fees and costs) incurred by any of these parties that arise out of or are caused by your use of our Services, your violation of this Terms of Use, your infringement of any intellectual property rights (including without limitation relating to your secret image that you selected for authentication purposes), or violation by any user of your Account. In the event that there are third party claims against you for which you properly seek damages from us under this Terms of Use, or we are subject to any claim for which we have the right to be indemnified by you, we reserve the right at our expense in the case of claims by third parties against you, and at your expense in the case of claims for which we have the right to be indemnified by you, to assume the exclusive defense and control of any such claim, and you agree that in any event no such claim can be settled without our written consent.

  11. Disclaimer of Representations and Warranties.

    YOU UNDERSTAND THAT SERVLI SERVICES ARE BEING PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. SERVLI SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS MADE BY YOU, OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DOCUMENTS WHICH ARE INCLUDED IN OR LINKED TO THE SERVICES. SERVLI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  12. Limitation of Liability.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF SERVLI TO YOU SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PREVIOUS YEAR. IN NO EVENT SHALL SERVLI BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO SERVLI.COM, YOUR USE OF THE SERVICE OR THESE TERMS OF USE; THE COST OF SUBSTITUTE GOODS OR SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANYONE RELATED TO THE SERVICES; THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY PROVIDER SITE. Some jurisdictions do not permit the limitation or exclusion of certain categories of liability, so some of the above limitations may not apply to you.

  13. Force Majeure.

    Servli cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Servli cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, account information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your account information through the Service, in the manner prescribed in the associated instructions.

  14. Governing Law and Venue.

    These Terms of Use and the Services provided hereunder will be governed exclusively by the laws applicable in the State of Minnesota, excluding its provisions on conflicts or choice of law. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction and venue of the state courts in Hennepin County, Minnesota or federal court for the District of Minnesota with respect to any dispute or litigation arising under these Terms of Use or as the result of the Services. You also acknowledge and understand that, with respect to any dispute with Servli, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Terms of Use: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

  15. Miscellaneous.

    We have the right to assign or transfer this Terms of Use & Privacy Policy, Servli.com and/or the Servli service in its entirety, in whole or in part, to any other entity without your consent, at any time during the term of this Terms of Use. You will be notified of any such assignment or transfer. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Terms of Use & Privacy Policy shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Terms of Use shall not be affected. Section headings in this Terms of Use are for convenience of reference only, and shall not govern the interpretation of any provision of this Terms of Use. This Terms of Use represents the entire understanding and Terms of Use between you and Servli regarding the subject matter of the same, and supersedes all other previous Terms of Uses. In the event of a conflict between this Terms of Use or Privacy Policy and the terms of any exhibit, amendment, schedule, addendum or disclosure, the terms of the exhibit, amendment, schedule, addendum or disclosure shall prevail but, solely as to the subject matter herein.