Terms of Service

Servi -App Inc is incorporated under the laws of Canada in the province of Ontario. Servi -App Inc. only does business in Canada.

Servi -App Inc. doing business under the domains servi-app.com and myserviapp.com and under various mobile applications called Servi (“we”, “We”, “us”, “our”, “Servi App”, “Apps”, “Servi ”, “MyServi App” and terms of similar meaning) provides access to our Apps and Websites (“Sites”, “Websites”) to You, subject to these terms of use (these “Terms”).

All of Servi ’s mobile applications will be referred to as “Apps”. The Websites and mobile applications together are called “Platform”. In these terms we describe users (“Users”, “User”, “Customers”, “Customer”, “You”, “Your”) of the Site as both registered and unregistered users. In these terms we describe Merchants (“Merchants”, “Merchant”, “Vendors”, “Vendor”) of the Site as merchants, vendors, businesses that have registered with Servi.

By creating an account (“Account”) or by accessing or using our Platforms in any manner, You accept and agree with all of the Terms listed in this document and that You are of legal status and competence to sign and enter into this agreement. All Users and Merchants must also be Canadian residents to enter into this agreement and to use Servi. If You are using our Platforms on behalf of another person or any entity, such as a corporation or other organization, You also represent and warrant that You are accepting these Terms as a legal agent of said person or entity’s behalf, and acknowledge that You have the legal capacity to enter in legally binding contracts on behalf of person or entity.

At present we do not charge any fees to access the Site. In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. User Content provided by Users and Merchants is called “User Content”. User Content is that User’s property. The Site’s only right to the User Content is the limited licenses to it granted in these Terms and Privacy Policy.

These Terms require that disputes between Servi and Users or Merchants be resolved by binding arbitration rather than by jury trials or class actions and limit Your remedies in the event of a dispute.

Servi may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. The most current version of these Terms can be accessed at https://myServi app.com/terms. Material changes to the Terms require Your explicit acceptance. You will be asked to agree before continued use of the Platform. If You don’t accept the changes, You must close Your Account before the effective date of the changes. You will be notified by email on any updates to the Terms.

Your access and use of this Platform are subject to the laws and regulations in force in the Canadian province or territory in which You reside. Moreover, You agree to comply with Canadian legislation with regards to the transmission of any information obtained on this Platforms, not to use this Platforms for any illegal purposes and not to interfere with or disrupt the networks connected to this Platforms. Certain products and Services mentioned on the Platforms may not be available in the province or territory in which You reside. The Services we provide through the Site are for Your own use only. You may not resell, lease or provide them in any other way to anyone else.

1 User and Merchant Accounts

Servi enables Users who are seeking a product or Service from a Merchant including at home Services or vendors with their own physical location such as a storefront. Servi provides access to these Services through our Platform. Servi does not provide any products or Services directly other than connecting Users to Merchants.

  1. a) Customers and Merchants may create an account on our Platform. “Accounts” refer to all accounts created on Servi including by Merchants or Users. You may browse our site but to order any Services, You will need to register for an Account.
  2. b) You represent and warrant that all information You provide in connection with the creation of an Account on Servi is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.
  3. c) In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person. If You believe that a third-party has gained access to Your Account, You agree to notify Servi by email. You’re responsible for any activity that occurs on or through Your Account. Servi does not guarantee the security of Your Account.
  4. d) Servi reserves the right to terminate Your Account at any time for any reason, with or without notice. If Your Account is terminated Servi has no obligation to retain any data associated with Your Account.
  5. e) Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
  6. f) To cancel Your Account at any time for any reason, You may do so in the administration section. In the event of account cancellation, all personal records will be deleted however invoices and statements of accounts will be retained to comply with Canadian tax regulations.
  7. g) You agree to provide us with accurate personal information, such as Your email address, mailing address and other contact details in order to complete Your order as needed. Users are responsible for keeping their contact and personal information accurate and current. Updates can be made via Your account settings. You authorize us to collect and use this information to contact You in accordance with our Privacy Policy.

 

2 Services, Orders and Payments

  1. a) Servi does not sell the final product or Service. We provide connections between Users and Merchants through our Platform. Servi and our Merchants may, in our sole discretion, limit or cancel the quantities offered on our Platforms or limit the sales of products or Services to any person, household, geographic region or jurisdiction.
  2. b) Services listed on Servi are from Merchants in Canada in Canadian dollars. Prices may not include applicable taxes and fees. Taxes and any other fees may be added at checkout and will be payable by You along with the Order price. Payment for Orders must be made with an accepted credit or debit card.
  3. c) Users are subject to the prices and fees posted by the Merchant at the time of booking. In addition to the Merchant’s Service fee, each order will include a platform fee charged by Servi (“Service Fee”) and applicable federal and provincial taxes, including Harmonized Sales Tax (HST), where applicable. The total amount payable will be displayed at checkout prior to confirming the order.
  4. d) Merchants are responsible for setting their own cancellation and rescheduling policies. Each Merchant is required to clearly display their cancellation and rescheduling policies to Users prior to checkout. Each Merchant’s cancellation and refund policy complies with the Ontario Consumer Protection Act, including the requirement for clear disclosure of cancellation rights prior to purchase. Users may cancel or reschedule appointments without penalty, provided they do so within the timeframe specified by the merchant. After the specified period has passed, users must contact the merchant directly to request any changes to their appointment time.
  5. e) Users are eligible for a full refund if the cancellation is made within the timeframe specified by the merchant. No refunds will be issued for cancellations made after this period unless otherwise indicated by the specific merchant on a case by case basis.
  6. f) Upon completion of a Service booked through the Servi Platform, Servi will remit payment to the Merchant in the amount of the Service fee charged by the Merchant, less the applicable Servi Fee and any taxes collected on behalf of the Merchant. Merchants are solely responsible for determining, collecting, reporting, and remitting any and all taxes (including but not limited to HST, GST, and income tax) that apply to the Services they provide. Servi does not collect or remit taxes on behalf of Merchants unless explicitly agreed to in writing. Servi is not responsible for the tax obligations of any Merchant, and Merchants agree to indemnify and hold Servi harmless for any claims related to such obligations.
  7. g) Uploaded documents and/or photos submitted by Merchants to clients in quotes and invoices will be retained for a period of ninety (90) days. After this period, such documents will be automatically and permanently deleted from our systems. It is the User’s and Merchant’s responsibility to retain copies of any documents they may require for future reference and ensure that the correct documents are uploaded
  8. h) Prices at the Merchant’s physical location and at Servi may be different. Servi or the Merchant is under no obligation to fulfill a Users order at any other price than the price listed on Servi. Any price differences do not entitle You to a refund or a reduction in price on an order placed through Servi. Prices of Services, delivery charges and other fees are subject to change at any time at Servi ’s or the Merchant’s discretion.
  9. i) You hereby authorize Servi to share with the payment processor financial information, banking and transaction related details. You also agree that Servi is not responsible for the use or misuse of such financial information, banking details and transaction information by the payment processor or any third party.
  10. j) Prices for products and Services are subject to change by Servi or the Merchant, without notice. Unless otherwise indicated, prices displayed on our Platforms are quoted in Canadian dollars.
  11. k) We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that You have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. No customer will be charged for any Service or product unless they have explicitly agreed to the charge. Negative option billing is strictly prohibited.
  12. l) Servi does not guarantee the accuracy or any product or Service within our Platform. As a user of Servi, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through our Platform at Your own risk. Servi takes no responsibility for products or Services listed by Merchants.
  13. m) The legal contract for the purchase of Services through Servi will be between the Customer and the Merchant. Users irrevocably appoint and authorize us to act as Your sole and exclusive agent for the purpose of concluding contracts for the sale of Services between the User and the Merchant by means of a User placing orders through the Servi Platform. Servi has the right to act as agent for the Customer and the Merchant in relation to the purchase and sales agreement between the Merchant and User. YOU ACKNOWLEDGE AND AGREE THAT Servi DOES NOT HAVE ANY CONTROL OVER THE QUALITY OF THE GOODS OR SERVICES OFFERED BY MERCHANTS AND THAT Servi CANNOT BE HELD LIABLE FOR ANY PROBLEMS CAUSED BY THE MERCHANT CONCERNING YOUR ORDERS.

3 Assignments

Servi may assign this agreement or parts of it at any time without notice to You. Upon assignment by Servi , You agree that Servi will have no liability or obligation to You, and Your recourse will solely be against the assignee. You may not assign this agreement or any rights or legal claims arising from it to anyone else, and any attempt to assign shall be void.

4 Links

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our Platform, the Content of those sites, the third parties named therein, or their products and Services. Linking to any other site is at Your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

5 Site Submissions

You acknowledge that You are responsible for the information, products, Services, profiles, business information, personal information, opinions, messages, comments and any other User Content (collectively, the “User Content”) that You post, distribute or share on or through our Platform or Services available in connection with our Platform. You further acknowledge that You have full responsibility for the User Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any User Content submitted by You in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any User Content in confidence, to pay compensation for any User Content or to respond to any User Content.

You agree that You will not post, distribute or share any User Content on our Platform that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that Your User Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our Platforms operations. You will be solely liable for any User Content that You make and its accuracy. We have no responsibility and assume no liability for any User Content posted by You or any third-party.

We reserve the right to terminate Your ability to post on our Platform and to remove and/or delete any User Content that we deem objectionable. You consent to such removal and/or deletion and waive any claims, liens, demands, actions or suites against us for any User Content submitted.

6 Privacy Policy

Please see our Privacy Policy to learn about how we collect, use, and share Your personal information. Our Privacy Policy reflects our obligations under Canada’s PIPEDA and Ontario’s Electronic Commerce Act to protect Your personal information and ensure transparency in digital transactions.

7 Errors and Omissions

Please note that our Platform may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our Platform, except as required by law.

8 Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to Your use of our Platform, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our Platform, including without limitation, all Content and materials, and functions and Services provided on our Platform, all of which are provided without warranty of any kind by Servi, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of Content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our Platform or its functioning or the Content and material of the Services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Platform or the servers that make our Platform available are free of potentially harmful components.

The use of ourPlatform is at Your sole risk and You assume full responsibility for any costs associated with Your use of our Platform. We will not be liable for any damages of any kind related to the use of our Platform.

In no event will we, or our affiliates, our or their respective content or Service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to You for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from Your use of, or the inability to use, or the performance of, our Platform or the content or material or functionality through our Platform, even if we are advised of the possibility of such damages.

The total liability of Servi , whether in contract or tort, shall be limited where applicable by law to the lesser of the following:

  • The total amount of fees paid;

or

  • The actual damages suffered.

9 Legal Compliance

For all Services offered by Merchants in regulated trades (e.g., home renovations, plumbing, electrical, construction), the following terms apply in accordance with the Ontario Construction Act and other applicable legislation:

9.1 Prompt Payment
In compliance with the Ontario Construction Act, Part I.1, Users must pay proper invoices submitted by Merchants within 28 calendar days. Merchants must, in turn, pay subcontractors within 7 calendar days of receiving payment. Servi provides tools to track invoicing and payment flows but is not responsible for enforcing payment between Users and Merchants.

9.2 Subcontractor Obligations
Merchants may use licensed subcontractors to fulfill jobs. All subcontractors must comply with these Terms, and the Merchant is solely responsible for subcontractor management and legal compliance. Servi is not a party to any subcontractor agreements and assumes no liability for subcontracted work.

9.3 Statutory Holdback
A 10% holdback may apply to payments on construction-related Services in accordance with Part IV of the Ontario Construction Act. This holdback is retained for 60 days after substantial performance of the work to protect against liens. Servi may provide tracking functionality but does not hold or release funds on behalf of users unless explicitly agreed to.

9.4 Warranty Period
Merchants offering renovation or construction Services must provide an express warranty of at least 1 year for labor and contractor-supplied materials. This express warranty replaces any implied warranties to the extent permitted under Section 53 of the Sale of Goods Act, RSO 1990, c S.1.

9.5 Adjudication
Any disputes regarding payment or job performance related to regulated Services may be resolved by adjudication under Part II.1 of the Ontario Construction Act. Users and Merchants acknowledge that Servi is not a party to adjudication claims but will cooperate with documentation requests as needed.

9.6 Legal Compliance
All work must comply with applicable laws including the Ontario Building Code Act, Occupational Health and Safety Act, and relevant municipal permit or zoning requirements. Merchants are solely responsible for ensuring that Services performed are legal, safe, and compliant with governing codes. Servi disclaims any liability for violations of code, permit, or safety law.

9.7 Credit Card Transactions

You are responsible for ensuring that only authorized users are booking and paying for services offered through Servi. By making a purchase or allowing others to make a purchase using Your credit card or any other form of payment, You agree to be responsible for all charges incurred.

Additionally, You also agree to and will adhere to all applicable Stripe Credit Card processing terms of Service.

10 Indemnification 

You agree indemnify us and hold us, as well as our respective directors, officers, agents, contractors, employees, and affiliates harmless against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with Your use of our Platform, Your violation of any of our Terms of Servi and Privacy Policies, or the posting or transmission of any materials on or through the Platform by You, including but not limited to, any third party claim that any information or materials provided by You infringe upon any third party proprietary rights.

11 Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between You and Servi in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing. Both You and we acknowledge that, in entering into these Terms, neither You nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between You and us prior to such Terms, except as expressly stated in the Terms.

12 Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to You in writing.

13 Headings

Any headings and titles herein are for convenience only.

14 Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

15 Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our Platform, or our products or Services offered on our Platform will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or Your access to or use of our Platform must be brought before the courts of the Province of Ontario in the City of Ottawa, Ontario and You irrevocably consent to the exclusive jurisdiction and venue of such courts.

16 Questions or Concerns

Please send all questions, comments and feedback to us at [email protected]. 

Last Updated: June 20, 2025