Terms of Service · Toverra

These Terms of Service (the “Terms”) govern your access to and use of Toverra (the “Service”), provided by Toverra Ltd (“we”, “us”, “Toverra”). By connecting your Jobber account or using the Service, you (the “Contractor” or “you”) agree to these Terms. If you are using the Service on behalf of a business, you represent that you are authorised to bind that business.

1. The Service

Toverra connects to your Jobber account (read-only) and analyses your job history to estimate the age and replacement-readiness of your customers’ equipment, producing a ranked list of replacement opportunities. The Service can also send outreach emails to your customers on your behalf.

Estimates, not facts. Equipment ages, replacement- readiness scores, and any value estimates are probabilistic estimates derived from incomplete data using automated and AI-based inference. They are not verified facts, may be wrong, and must not be represented to your customers as certainties. The Service is a prioritisation aid, not a substitute for your own professional judgement or inspection. We provide no warranty as to the accuracy of any output.

2. Eligibility and accounts

The Service is offered to businesses in the United States. You are responsible for the security of your account and for all activity under it. You must provide accurate account and sender information and keep it current.

3. Your data and the connected Jobber account

The customer and job data we access through Jobber (“Customer Data”) belongs to you and/or your customers. As between you and us, you are the controller of that data and we process it on your behalf under our Data Processing Agreement (the “DPA”), which forms part of these Terms. You warrant that:

you own or are authorised to connect the Jobber account and to have us process the Customer Data; and
your provision of Customer Data and our processing of it on your instructions does not violate any law or any agreement (including Jobber’s terms).

4. Outreach emails — allocation of responsibility

Where you use the Service to send emails, we act as the technical sender and, for those messages, as the “sender” under the US CAN-SPAM Act — but we send only on your instruction, using recipients drawn from your own Jobber customers and content you select or approve. Accordingly, you warrant and agree that:

you have a lawful basis and the right to send marketing email to each recipient (for example, an existing or recent business relationship), and you do not rely on purchased, rented, or scraped lists;
you remain responsible for compliance with all marketing and communications laws applicable to your outreach, including CAN-SPAM, the Telephone Consumer Protection Act (TCPA), the National and state Do-Not-Call rules, and state “mini-CAN-SPAM” and unfair- practices laws;
recipients are in the United States. You will not target recipients in Canada unless you have CASL-compliant express consent for each; the Service geo-gates non-US recipients out by default and you must not attempt to circumvent that gate;
you maintain an accurate, monitored physical postal address and reply- to address, which are included in every message you send; and
you will not edit email templates to include false, misleading, deceptive, or fabricated-urgency claims, or to remove the unsubscribe mechanism or postal address.

We provide CAN-SPAM mechanics on every message (accurate header information, your physical postal address, a working one-click and visible unsubscribe link, and prompt honouring of opt-outs). We do not independently verify your lawful basis to contact any recipient; that is your representation.

5. Acceptable use

You will not, and will not permit anyone to:

upload or send to recipients you are not lawfully entitled to email;
use purchased, rented, harvested, or scraped recipient lists;
send content that is false, deceptive, unlawful, harassing, or that misrepresents the condition or age of a customer’s equipment;
attempt to bypass the region gate, suppression list, sending caps, or unsubscribe handling;
reverse-engineer, resell, or use the Service to build a competing product, or use it other than for your own business.

6. Suspension

We may pause or suspend sending, or the Service, where reasonably necessary to comply with law, protect recipients, or prevent abuse — including automatically pausing sending if your complaint rate exceeds our threshold. We will tell you when we do so.

7. Billing, Merchant of Record, and cancellation

The Service is offered on a subscription basis at $300 / month (USD). Lemon Squeezy is the Merchant of Record and seller of record for your subscription: they process payment, handle applicable sales tax, and present checkout and renewal terms. Billing disputes and refunds are handled through Lemon Squeezy subject to their terms.

Subscriptions renew automatically each period until cancelled. You may cancel at any time; cancellation stops future renewals and access continues until the end of the paid period. Except where required by law or stated at checkout, fees already paid are non-refundable.

8. Third-party dependency (Jobber)

The Service depends on Jobber’s API, which Jobber may change, restrict, or revoke at any time and without notice. We are not responsible for any interruption, loss of access, or change in functionality caused by Jobber or any other third party.

9. Intellectual property

We own the Service and all related intellectual property. You own your Customer Data and the outputs as they relate to your business. We may use aggregated, de-identified operational data to maintain and improve the Service; we do not pool or share Customer Data across customers.

10. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy of estimates, and non-infringement, to the maximum extent permitted by law.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenue. Our total aggregate liability arising out of or relating to the Service is limited to the fees you paid for the Service in the twelve (12) months before the event giving rise to the claim.

12. Indemnity

You will defend, indemnify, and hold us harmless from any claim, loss, or penalty arising out of (a) your outreach, including your recipient lists, your lawful-basis or consent failures, and your edits to message content; (b) your breach of these Terms or of any law; or (c) your Customer Data.

13. Term and termination

These Terms apply while you use the Service. Either party may terminate as permitted here or for material breach. On termination we delete or return your Customer Data as set out in the DPA, and disconnect the Jobber integration.

14. Changes to these Terms

We may update these Terms; we will post the updated version with a new effective date and, for material changes, give reasonable notice. Continued use after the effective date constitutes acceptance.

15. Governing law

These Terms are governed by the laws of England & Wales, and the parties submit to the exclusive jurisdiction of the courts of England & Wales, without regard to conflict-of-laws rules.

16. Contact

Questions about these Terms: legal@toverra.com.