These Terms of Service (“Terms”) are a binding agreement between you and Develop Digital Media, LLC, a Texas limited liability company doing business as Service Anchor (“Service Anchor,” “we,” “us,” or “our”). They govern your access to and use of the Service Anchor website at getserviceanchor.com (the “Site”), the Service Anchor software platform (the “Service”), and any related services we provide.
By creating an account, clicking “I agree,” or otherwise using the Service, you accept these Terms. If you are using the Service on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms, and “you” refers both to you individually and to that entity. If you do not agree to these Terms, do not use the Service.
1. Who We Are
Service Anchor is a multi-tenant software platform for home service businesses. We provide tooling for customer relationship management, job scheduling, dispatch, invoicing, communications, and payment collection. The Service is operated by Develop Digital Media, LLC, a Texas limited liability company with its principal place of business at 80 Rainey St., Unit 3506, Austin, TX 78701.
2. Eligibility
To use the Service, you must:
- Be at least 18 years old.
- Be located in or operate a business in the United States.
- Have legal authority to enter into these Terms on your own behalf or on behalf of the business you represent.
- Not be barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.
We may refuse service, terminate accounts, or remove content at our discretion in accordance with these Terms.
3. Account Registration and Security
To use most features of the Service, you must create an account. You agree to:
- Provide accurate, complete, and current information during registration.
- Keep your account credentials confidential.
- Notify us promptly at
support@getserviceanchor.comof any suspected unauthorized use of your account. - Be responsible for all activity that occurs under your account.
We use Clerk, Inc. for authentication. Your use of authentication features is also subject to Clerk’s terms.
You may add additional users to your account, including team members with Sales or Technician roles. You are responsible for the conduct of all users you add to your account and for ensuring they comply with these Terms.
4. Beta Service
The Service is currently in public beta. During the beta period, the following terms apply in addition to the rest of these Terms:
(a) The Service is provided “as is,” without warranties of any kind, express or implied.
(b) Features may be added, changed, or removed without notice.
(c) Service availability and uptime are not guaranteed at any specific level during beta. Service interruptions may occur without advance notice.
(d) Beta users acknowledge that data may be subject to loss, corruption, or inaccessibility despite our reasonable efforts to prevent such events.
(e) Service Anchor may declare the beta period ended at any time, with written notice. Ending the beta period does not change subscription rates locked under Section 7, and does not affect your data-export rights under the Refund and Cancellation Policy.
When the beta period ends, the disclaimers above are superseded by the Service Availability section below for users on paid subscriptions.
5. Description of the Service
The Service includes, depending on the subscription tier and features enabled by the customer:
- A unified pipeline state machine spanning lead capture, estimating, scheduling, job execution, invoicing, payment collection, and review requests.
- Customer relationship management tooling, including contact records, job history, customer maps, and segmentation.
- Pre-configured industry setups (price books, job types, lead sources) for supported trades.
- Communications tooling, including SMS and voice via Twilio, transactional email via Amazon Web Services or Resend, two-way SMS inbox, multi-channel communication hub, and template libraries.
- Payment processing via Stripe, including Stripe Connect for collection of payments by you from your own customers, and Stripe Subscriptions for billing of platform fees by us to you.
- Scheduling and dispatch tooling, including calendar management, route optimization via OpenRouteService, smart technician assignment (rule-based), digital signature capture, job timers, and field-side mobile tooling.
- Reporting and analytics dashboards.
- Automation engine for rule-based workflows triggered by pipeline stage transitions.
The Service evolves over time. We may add, change, or remove features, subject to the notice obligations stated elsewhere in these Terms. We do not guarantee that any specific feature will remain available indefinitely. Marketing-stated capabilities reflect the Service as currently delivered; commitments to specific feature delivery dates require a separate written agreement signed by both parties.
6. Customer Data and End-Customer Data
We process two distinct categories of personal data, and our role differs for each. The full description is in our Privacy Policy at getserviceanchor.com/privacy-policy. In summary:
Customer Data. Information you provide to us as a customer of the Service (your name, business email, business name, payment method, account configuration, and similar). We are the controller of Customer Data.
End-Customer Data. Information you load into the Service about your own customers (their name, address, phone number, job history, invoice amount, content of SMS sent from you to them, and similar). You are the controller of End-Customer Data. We are the processor and process End-Customer Data only on your behalf and only to deliver the Service to you.
You retain all rights to End-Customer Data. We will not use End-Customer Data for marketing, will not sell it, and will not disclose your End-Customer Data to other customers. We may create aggregated and de-identified data derived from End-Customer Data and use it to operate, improve, and develop the Service, including its features and any current or future AI or machine-learning capabilities, provided that such data does not identify you or any end customer and we do not attempt to re-identify it. Once aggregated and de-identified in this way, the data is no longer End-Customer Data for purposes of these Terms.
You represent and warrant that you have all necessary rights, consents, and lawful bases to load End-Customer Data into the Service and to instruct us to process it as described.
7. Founding Member Program
The Founding Member Program offers locked subscription pricing to early customers in sequential waves (the “Founding Ladder”). Wave eligibility is determined by the order in which businesses complete onboarding. “Complete onboarding” means placing a valid payment method on file during onboarding, which occurs after the founding call. Wave position is set by the order in which businesses place a payment method on file. Businesses that accepted a Founding Member offer under a prior version of these Terms are honored as Wave One members.
(a) The Founding Ladder.
(i) Wave One. The first twenty-five (25) businesses to complete onboarding pay twenty-nine US dollars ($29.00) per month, locked for the duration of the active subscription as described in subsection (f).
(ii) Wave Two. The next fifty (50) businesses pay forty-nine US dollars ($49.00) per month, locked on the same basis as Wave One.
(iii) Wave Three. The next one hundred (100) businesses pay fifty-nine US dollars ($59.00) per month, locked for twelve (12) months from the start of billing; after that period the then-current published list price applies, with at least thirty (30) days’ written notice before any change takes effect.
(iv) After Wave Three, the then-current published list price applies.
A wave closes when its spot count is filled. Closed waves do not reopen, and spots are not restored by cancellations or terminations. Current wave availability is displayed at getserviceanchor.com/get-early-access and getserviceanchor.com/pricing. Service Anchor will not increase a locked wave rate during the active subscription.
(b) Included Plan. A locked wave rate covers the Solo plan as constituted at the effective date of these Terms: all features of the Service generally available to paying customers, up to five (5) active user accounts within the tenant, and the included communications described in subsection (c). The locked rate does not change when the Founding Member adds user accounts within the five-user boundary. If active user count exceeds five, Service Anchor will engage the Founding Member in an operational discussion about an appropriate plan; the locked rate is not changed automatically or retroactively. Locked rates do not extend to any future separately priced plan tier or separately priced add-on product, which, if introduced, are optional.
(c) Included Communications. The subscription includes a business phone number, A2P 10DLC carrier registration (Brand registration and Campaign vetting, the fees for which Service Anchor pays), Campaign hosting, and texting and calling usage up to the plan allotment, currently one thousand five hundred (1,500) SMS segments and five hundred (500) voice minutes per calendar month with one phone number. Allotments are fair-use boundaries, not metered billing: Service Anchor does not bill usage overage automatically. If usage regularly exceeds the allotment, Service Anchor will contact the Founding Member to discuss options; no change to price or allotment occurs without the Founding Member’s agreement. Service Anchor may throttle or suspend messaging that violates these Terms, the Acceptable Use Policy, or carrier requirements. If Service Anchor migrates to a different communications provider, included communications continue on equivalent terms, with at least thirty (30) days’ written notice of any material change. Any future separately billed communication item will be disclosed and authorized on an in-app authorization screen before any charge.
(d) Design-Partner Exchange. Founding rates are offered in exchange for reasonable design-partner participation: (i) one product feedback call within the first month after onboarding; (ii) an honest public review of the Service (for example, on Google or Capterra) within sixty (60) days after onboarding, reflecting the Founding Member’s genuine assessment, whatever that assessment is; and (iii) permission for Service Anchor to reference the Founding Member’s business in a case study, with the published content subject to the Founding Member’s prior approval. If a Founding Member declines all participation after reasonable notice and opportunity, Service Anchor may convert the subscription to the then-current published list price with at least thirty (30) days’ written notice. Service Anchor will never apply this subsection because a review is unfavorable.
(e) Transfer and Restrictions. Founding Member benefits transfer with the sale of the Founding Member’s business as a going concern, upon written notice to Service Anchor. They are tied to the original tenant account, may not be sold or transferred separately from the business, and are not combinable with other promotional offers. Benefits may be terminated for violations of these Terms or our Acceptable Use Policy at getserviceanchor.com/acceptable-use.
(f) Continuity. Locked wave rates remain in effect for as long as (i) the active subscription is maintained without an interruption greater than 30 days, and (ii) Service Anchor (operated by Develop Digital Media, LLC d/b/a Service Anchor or any successor pursuant to the assignment provisions of these Terms) continues to operate the Service. If the active subscription is interrupted for more than 30 days, the locked rate is forfeited and any subsequent subscription is at the then-current wave availability or published list price.
8. Subscription, Fees, and Billing
Billing start; no free period. Subscription fees are billed monthly in advance, beginning on the day you complete onboarding, which is the day you place a valid payment method on file during onboarding (after the founding call). There is no separate free or trial period. You will be asked to place a payment method on file during onboarding; nothing is charged at the application step.
30-day money-back. If you cancel within thirty (30) days of your first subscription charge, Service Anchor will refund all platform subscription fees paid to date, as described in the Refund and Cancellation Policy at getserviceanchor.com/refund-policy.
Included communications. Each subscription includes the communications allotments described in Section 7(c), which apply to all subscribers (currently 1,500 SMS segments, 500 voice minutes, and one phone number per calendar month). Service Anchor does not bill usage overage automatically; allotments are fair-use boundaries handled as described in Section 7(c).
Current pricing is published at getserviceanchor.com/pricing and is incorporated into these Terms by reference. By starting a subscription, you authorize us to initiate recurring monthly charges to your payment method on file.
Founding Members are billed according to Section 7.
Taxes. Subscription fees are exclusive of applicable sales, use, value-added, or similar taxes. You are responsible for any such taxes that apply to your subscription.
Failed payments. If a payment fails, we will attempt to retry the charge in accordance with industry-standard payment retry practices. If a payment remains unpaid for more than 14 days, we may suspend access to the Service until the balance is resolved. Suspension does not relieve you of obligations to pay accrued fees.
Cancellation and refunds are governed by our Refund and Cancellation Policy at getserviceanchor.com/refund-policy.
Pricing changes. We may change published subscription pricing at any time. Pricing changes will not take effect for existing paid subscriptions until at least 30 days after we provide written notice. Locked Founding Member pricing is governed by Section 7 and is not subject to general pricing changes during the active subscription period.
9. Payment Processing
Service Anchor uses Stripe, Inc. for two distinct purposes.
(a) Platform Billing. Subscription fees you pay to Service Anchor for your use of the Service are processed through Stripe Subscriptions. You authorize Service Anchor to initiate charges to your payment method on file for these fees.
(b) Customer Payments via Stripe Connect. When you use the Service to accept payments from your own customers (for example, when you invoice a homeowner), those payments are processed through Stripe Connect, with funds flowing directly from the paying customer to your Stripe-connected account. Service Anchor does not hold these funds at any point. Service Anchor charges a payment processing fee of 3.5% + $0.30 per card transaction, which includes Stripe’s underlying card processing fees plus Service Anchor’s platform share. Service Anchor’s platform share is 0.6% of the transaction amount; the remainder covers underlying processing. This fee is deducted from each transaction at the time of payment processing. When you refund an end customer, Service Anchor refunds its platform share of the fee for the refunded transaction; treatment of the underlying processing portion is governed by Stripe’s terms. Rates are subject to change with thirty (30) days notice to active subscribers.
(c) Stripe’s Services Agreement, Connected Account Agreement, and Privacy Policy apply to all payments. Service Anchor is not a party to transactions between you and your end customers. Because charges are created directly on your Stripe-connected account, you are solely responsible for refunds, chargebacks, payment disputes, and any associated network or dispute fees arising from transactions between you and your end customers; these are handled through your connected account under Stripe’s Connected Account Agreement.
10. Multi-Tenancy and Data Isolation
The Service is delivered as a multi-tenant SaaS platform. Each customer’s data is logically isolated from other customers’ data within our infrastructure. We implement commercially reasonable access controls, encryption at rest and in transit, and audit logging. However, no system is completely secure, and we do not guarantee data isolation against novel attacks or zero-day exploits.
You are responsible for: (i) configuring your own user access controls within the Service, (ii) notifying us promptly at support@getserviceanchor.com of any suspected security incident affecting your account, and (iii) your own compliance with applicable laws for the data you store in the Service.
11. Customer Content and License
You retain ownership of all content you load into the Service, including End-Customer Data, customer records, job history, invoices, photographs, templates, and similar materials (“Customer Content”).
You grant Service Anchor a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, display, and process Customer Content solely as necessary to provide the Service to you. This license terminates when Customer Content is deleted from the Service in accordance with our data retention policy described in our Privacy Policy.
You represent and warrant that (i) you have all necessary rights to grant the license above, (ii) Customer Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party, and (iii) Customer Content does not violate any applicable law.
12. Third-Party Services
To deliver the Service, we integrate with third-party providers, and your use of the Service includes subprocessor use of these providers:
- Stripe, Inc.: payment processing and subscription billing
- Twilio, Inc.: SMS and voice messaging
- Amazon Web Services, Inc.: hosting and email delivery
- Clerk, Inc.: authentication
- OpenRouteService GmbH: route optimization
- Loops.so: lifecycle and transactional email
- Resend, Inc.: transactional email delivery (backup and failover)
- Google LLC (Google Analytics 4): website analytics on
getserviceanchor.com - Functional Software, Inc. (d/b/a Sentry): application error tracking and exception aggregation
A current list is maintained at getserviceanchor.com/subprocessors and may be updated with at least 30 days’ notice for material changes that affect how personal data is processed.
Each third-party provider has its own terms of service and privacy policy. Your data may be processed by these providers in the course of delivering Service Anchor features. We select providers we believe are commercially reasonable for our scale and use case.
13. SMS Compliance
When you use the Service to send SMS to your own customers, you are the “sender” for purposes of the Telephone Consumer Protection Act (“TCPA”), the CAN-SPAM Act, applicable state SMS regulations, and carrier requirements including A2P 10DLC. You represent and warrant that:
(i) You have obtained all required consents from recipients before including their phone numbers in the Service.
(ii) Messages you send comply with applicable SMS laws, including proper opt-in and opt-out handling, message frequency disclosures, and prohibited content restrictions (including the prohibition on SHAFT content described in our Acceptable Use Policy).
(iii) You will maintain accurate SMS Terms and Privacy disclosures on your own website, including the opt-in language required by the carriers and The Campaign Registry.
Service Anchor provides tooling to assist with compliance, including hosted SMS Terms pages and automated A2P 10DLC registration. Final responsibility for compliance rests with you as the sender. The Service Anchor SMS Terms at getserviceanchor.com/sms-terms describe how messages reach end recipients through the Platform and govern your end customers’ relationship with you with respect to SMS sent on your behalf.
You agree to indemnify Service Anchor for any claims arising from your SMS messaging activities to the extent set forth in Section 22 below.
14. Acceptable Use
Your use of the Service is governed by our Acceptable Use Policy at getserviceanchor.com/acceptable-use, which is incorporated into these Terms by reference. Violations of the Acceptable Use Policy may result in suspension or termination of your account.
In summary, you agree not to use the Service to:
- Send communications that are unlawful, deceptive, harassing, threatening, or that infringe the rights of others.
- Send SMS to recipients who have not given prior consent as required by TCPA, CAN-SPAM, or applicable state laws.
- Send SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco, unauthorized gambling, or prescription drugs) via SMS.
- Operate any business in a category prohibited by Stripe’s Connected Account terms (a current list is available at
stripe.com/legal/restricted-businesses). - Upload malicious code, attempt to compromise the security of the Service, or interfere with other customers’ use of the Service.
- Use the Service for fraud, money laundering, or any illegal purpose.
- Resell or sublicense the Service to third parties without our written permission.
The complete Acceptable Use Policy contains additional restrictions and details. Please read it.
15. Intellectual Property
Our Intellectual Property. Service Anchor and Develop Digital Media, LLC own all right, title, and interest in and to the Service, the Site, the Service Anchor name and brand, and all related intellectual property, including software, designs, content (excluding Customer Content), trademarks, trade dress, and documentation. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. No other rights are granted.
You may not (i) reverse-engineer, decompile, or disassemble any part of the Service, (ii) copy or modify the Service or any portion of it, (iii) circumvent or disable any security or access-control feature of the Service, (iv) use the Service to build a competing product, or (v) use any data-mining or scraping tools on the Site or the Service.
Your Feedback. If you provide us with suggestions, feedback, or other ideas relating to the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that Feedback into the Service or any other product or service, without obligation or attribution.
16. Service Availability
After the beta period concludes, we will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week. Specific service-level commitments, if any, will be set out in your subscription plan or a separate Service Level Agreement. Without a separate SLA, the Service is provided without uptime or availability guarantees beyond our reasonable best efforts.
We may schedule maintenance windows that temporarily limit access to the Service. We will provide reasonable advance notice of scheduled maintenance when feasible.
17. Termination
By You. You may cancel your subscription at any time through your account dashboard or by emailing support@getserviceanchor.com. Cancellation takes effect at the end of the current billing period. Refund handling is governed by our Refund and Cancellation Policy.
By Us. We may suspend or terminate your account at any time if (i) you breach these Terms or our Acceptable Use Policy, (ii) we are required to do so by law, (iii) we discontinue the Service, or (iv) we have a reasonable, good-faith belief that your use of the Service creates legal exposure or operational risk for us, our other customers, or any third party. We will use reasonable efforts to provide notice and an opportunity to cure where the breach is curable, except in cases of fraud, security risk, or imminent harm.
Effect of Termination. On termination, your right to access the Service ends immediately. We will retain your data in accordance with the retention schedule in our Privacy Policy. You may request data export within 30 days of termination by emailing support@getserviceanchor.com. Provisions of these Terms that by their nature survive termination (including ownership, indemnification, limitations of liability, dispute resolution, and miscellaneous provisions) will survive.
18. Disclaimers
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. SERVICE ANCHOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
NOTHING IN THESE TERMS LIMITS OR DISCLAIMS WARRANTIES OR REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SERVICE ANCHOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED US DOLLARS ($100).
THE LIMITATIONS IN THIS SECTION 19 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO PORTIONS OF THIS SECTION 19 MAY NOT APPLY TO YOU.
20. Indemnification
You agree to defend, indemnify, and hold harmless Service Anchor, Develop Digital Media, LLC, and our officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including reasonable attorneys’ fees) arising from:
(i) your use of the Service in violation of these Terms or applicable law; (ii) Customer Content or End-Customer Data you load into the Service; (iii) any SMS, email, or voice communication you send through the Service, including without limitation any claim under the TCPA, CAN-SPAM, or state SMS or telemarketing laws; (iv) any dispute between you and an end customer of yours, including disputes over services, refunds, chargebacks, or quality; (v) your violation of any third party’s rights, including without limitation intellectual property, privacy, or publicity rights; and (vi) your breach of any representation or warranty in these Terms.
We will provide you with prompt written notice of any claim subject to this indemnity, and you will have sole control of the defense and settlement, provided that you may not settle any claim that imposes any obligation on Service Anchor without our prior written consent.
21. Changes to the Service and to These Terms
We may modify these Terms from time to time. When we make material changes, we will:
- Update the “Last updated” date at the top of these Terms.
- Post a notice on the Site or send notice to the email address on file for your account at least 30 days before the change takes effect.
- For material changes that expand your obligations or reduce your rights, give you the opportunity to terminate your account before the change takes effect, in accordance with our Refund and Cancellation Policy.
Your continued use of the Service after the effective date of any update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel under Section 17.
We may also modify, add, or remove features of the Service from time to time. Material reductions in functionality on which a paying customer relies will be communicated with at least 30 days’ notice when feasible.
22. Governing Law
These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. Subject to Section 23 (Dispute Resolution), the state and federal courts located in Travis County, Texas have exclusive jurisdiction over any dispute not subject to arbitration.
23. Dispute Resolution; Arbitration; Class-Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.
(a) Informal Resolution First. Before filing any formal proceeding, you agree to first contact us at support@getserviceanchor.com and attempt to resolve the dispute informally. We will do the same with you. Both parties agree to engage in good-faith discussions for at least 60 days before initiating any formal proceeding.
(b) Binding Arbitration. If the dispute cannot be resolved informally, you and Service Anchor agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, if those rules are unavailable, its Comprehensive Arbitration Rules and Procedures). The arbitration will be conducted by a single arbitrator. The arbitration will take place in Travis County, Texas, or by telephone or videoconference at the parties’ agreement. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
(c) Class-Action Waiver. You and Service Anchor each waive any right to bring or participate in any class action, collective action, or representative proceeding against the other. Disputes must be brought on an individual basis only. The arbitrator may not consolidate claims of multiple parties and may not preside over any form of representative proceeding.
(d) Exceptions. Either party may bring an individual action in small-claims court for any qualifying dispute, and either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual property rights or unauthorized use of confidential information.
(e) 30-Day Opt-Out. You have the right to opt out of this arbitration agreement and class-action waiver. To opt out, send written notice to legal@getserviceanchor.com within 30 days of first accepting these Terms. The notice must include your name, the email address associated with your account, and a clear statement that you are opting out of the arbitration agreement. If you opt out, the remaining provisions of these Terms continue to apply, but disputes will be resolved in the courts identified in Section 22 rather than by arbitration.
(f) Severability. If the class-action waiver in subsection (c) is found to be unenforceable as to any specific claim or category of claim, that claim or category will be brought in the courts identified in Section 22. The remainder of this Section 23 continues to apply to all other claims.
24. Miscellaneous
Entire Agreement. These Terms, together with the Privacy Policy, the SMS Terms, the Refund and Cancellation Policy, the Acceptable Use Policy, and any subscription plan or order form you accept, constitute the entire agreement between you and Service Anchor relating to the Service and supersede all prior agreements on the same subject.
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.
Assignment. You may not assign these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, sale of assets, or by operation of law, on notice to you.
Force Majeure. Neither party is liable for any failure or delay in performance arising out of causes beyond its reasonable control, including acts of God, war, terrorism, pandemic, civil disturbance, governmental action, internet or telecommunications failures, or labor disputes.
Notices. We may provide notices to you by email to the address on file for your account, by posting on the Site, or through the Service. You may provide notices to us at legal@getserviceanchor.com.
Headings. Section headings are for convenience only and do not affect interpretation.
Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Government Use. If you are a US federal, state, or local government entity using the Service in an official capacity, you acknowledge that the Service is “commercial computer software” and “commercial computer software documentation” as defined in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202.
25. Contact
For questions about these Terms, contact:
Develop Digital Media, LLC d/b/a Service Anchor
80 Rainey St., Unit 3506
Austin, TX 78701
Email: legal@getserviceanchor.com
General support: support@getserviceanchor.com
Privacy requests: privacy@getserviceanchor.com
