Complete Terms of Service
1. Agreement to Terms
By creating an account, accessing, or using Sergio ("we," "us," "our," or the "Platform"), you ("customer," "user," "subscriber," or "you") agree to be bound by these Terms of Service.
Sergio is operated by Axenvoy Inc., a federally incorporated Canadian corporation with its principal place of business in Saskatchewan, Canada.
If you don't agree to these Terms, you may not access or use the Platform.
Sergio is a Software-as-a-Service (SaaS) platform for field service management, providing business management tools, scheduling, invoicing, payment processing, and related services.
2. Description of Services
2.1 Platform Services Include:
- Customer relationship management (CRM)
- Job scheduling, dispatch, and route optimization
- Quote creation and invoice generation
- Payment processing via Stripe
- Mobile apps (iOS and Android) with offline capability
- Customer self-service portal
- GPS tracking and geofencing
- Automated notifications (SMS via Telnyx and email)
- QuickBooks integration
- Analytics and reporting
2.2 Multi-Tenant Architecture
The Platform operates as a multi-tenant system where multiple Customer organizations share common infrastructure while maintaining strict data isolation. Each Customer's data is logically segregated and access-controlled to prevent cross-tenant data access.
Service Modifications
We may modify, suspend, or discontinue features at any time. We'll notify you of material changes that negatively impact your use with at least 30 days advance notice.
3. Customer Responsibilities
To ensure safe and effective service, you must:
- Provide Access: Ensure gates, doors, and windows are accessible for service
- Notify of Pets: Inform service providers if pets will be present
- Clear Work Areas: Remove items near windows to prevent damage
- Disclose Pre-existing Damage: Report any cracked, chipped, or damaged windows before service
- Remove Obstructions: Move vehicles blocking window access
4. Scheduling and Cancellations
Scheduling
Services are scheduled through the platform. We confirm appointment times but may adjust due to weather or operational needs.
Weather-Related Rescheduling
Window cleaning is weather-dependent. If rain, high winds, or extreme temperatures make service unsafe, we may reschedule at no charge.
Customer Cancellations
Please provide at least 24 hours notice to cancel or reschedule. Cancellations with less than 24 hours notice may incur a $50 cancellation fee.
5. Pricing and Payment
Pricing
Pricing is provided during scheduling and documented in your invoice. Quotes are estimates based on information provided—final pricing may vary if scope differs significantly.
Payment Terms
- Payment due upon completion of service or as specified
- Accepted payment methods specified by service provider
- Late payments may incur fees
- Non-payment may result in collection efforts and service suspension
Disputes
Contact your service provider within 7 days of any invoice errors or service concerns.
6. Service Guarantee
We stand behind our work. If you're not satisfied with your service:
- Report within 48 hours: Contact us within 2 days of service completion
- Free re-clean: We'll return to address the problem at no charge
- No guarantee after 48 hours: Environmental exposure (rain, dust) may affect cleanliness after 2 days
7. Liability and Insurance
Service Provider Responsibility
Service providers maintain appropriate insurance and take responsibility for damage caused during service. They will:
- Repair or replace damaged property through insurance
- Restore property to original condition
- Cover all associated costs per their coverage
Limitations on Liability
Service providers are typically NOT liable for:
- Pre-existing damage
- Defective customer property or equipment
- Permanent issues requiring specialized treatment
- Access-related incidents from undisclosed hazards
8. Limitation of Liability
To the maximum extent permitted by law, Sergio and its service providers shall not be liable for indirect, incidental, special, consequential, or punitive damages.
Private Beta Limitation
During private beta (before March 15, 2026), Sergio's total liability is limited to the greater of: (A) $500 CAD, OR (B) fees paid by you in the preceding 3 months. Exceptions apply for gross negligence or willful misconduct, where liability is capped at total fees you've paid to Sergio.
By using Sergio during private beta, you acknowledge this limitation and understand the platform is provided "as-is" for testing and feedback.
9. Termination
Either party may terminate use of or access to the Sergio platform at any time, with or without cause.
Beta Termination Rights
During private beta, we may terminate your account with 30 days' written notice. You may terminate immediately anytime. No refunds for partial months—all fees paid are non-refundable.
Effect of Termination
Upon termination, access ceases and outstanding fees must be paid. We may retain certain data as required by law or for legitimate business purposes per our Privacy Policy.
10. Governing Law
These Terms of Service are governed by the laws of Saskatchewan, Canada. Any disputes arising from these terms or our services will be resolved in the courts of Saskatchewan.
11. Privacy and Data Use
Your personal information is collected and used solely for scheduling, completing, and billing services. We do not sell, rent, or share your information with third parties except as required by law.
For complete details, see our Privacy Policy.
12. Payment Processing
Payment processing is provided by Stripe, a PCI DSS Level 1 certified payment processor. Sergio does not process, store, or have access to full credit card numbers.
Stripe Limitation of Liability
- We are not liable for Stripe service outages, payment processing delays, or Stripe platform errors
- We are not liable for chargebacks, payment disputes, or fraud within Stripe's systems
- Payment processing is subject to Stripe's own Terms of Service
- For payment processing issues, contact Stripe directly
13. Communications Compliance
Customer communications sent through the Platform (appointment reminders, service notifications, invoice emails) must comply with Canada's Anti-Spam Legislation (CASL), applicable US anti-spam laws (CAN-SPAM), and the Telephone Consumer Protection Act (TCPA).
SMS Reserved for Service Communications Only
SMS messages via Telnyx are strictly limited to operational service communications: appointment confirmations, reminders, arrival notifications, and invoices. Marketing messages are never sent via SMS. All marketing communications are delivered exclusively by email to customers who have opted in.
Your Responsibility
You are responsible for obtaining appropriate consent from your end customers before sending commercial electronic messages through the Platform. Sergio provides the technology infrastructure; compliance with anti-spam laws is your responsibility as the message sender.
14. Time Limitation for Claims
Claims must be filed within two (2) years after the cause of action arises, or be permanently barred. This applies to all disputes arising from or related to these Terms or the Services.
15. User Content and Photo Uploads
Content Ownership & License
You retain ownership of all content you upload to the Platform, including photos, documents, and customer data ("User Content"). By uploading User Content, you grant Sergio a limited license to store, process, display, and transmit that content solely for providing the Services.
Photo Upload Responsibility
If User Content includes photographs, you represent and warrant that all personally identifiable information (PII) has been removed or that you have obtained appropriate consent for any PII visible in the photograph before uploading.
Personally Identifiable Information in Photos
Photos uploaded to the Platform may contain PII including but not limited to:
- House or building numbers
- Street addresses or signage
- License plate numbers
- Faces of individuals
- Documents, mail, or packages with visible names/addresses
- Security system information
Your Obligations
Before uploading photos or sharing them externally through customer portals, you must:
- Review photos for visible PII
- Obtain consent from individuals whose faces appear in photos
- Ensure compliance with applicable privacy laws (PIPEDA, state privacy laws, GDPR if applicable)
- Train employees on appropriate photo capture practices
AI-Assisted Moderation
Sergio provides AI-powered photo moderation to help identify potential PII and inappropriate content. This feature is provided as a convenience and does not transfer responsibility for content compliance to Sergio. You remain solely responsible for ensuring uploaded content complies with applicable laws and these Terms, regardless of whether the AI system flags or approves any photo.
Prohibited Content
You may not upload content that:
- Violates any person's privacy rights
- Contains illegal, obscene, or harmful material
- Infringes intellectual property rights
- Is unrelated to legitimate business purposes
- Violates applicable data protection laws
Indemnification
You agree to indemnify and hold harmless Sergio, Axenvoy Inc., and their officers, directors, and employees from any claims, damages, or expenses arising from User Content you upload, including claims related to privacy violations, PII exposure, or intellectual property infringement.
16. Employee Tips and Gratuities
Tips Belong to Employees
When customers add tips during online invoice payments, these gratuities are intended solely for the employee(s) who performed the service. Tips are a direct expression of customer appreciation for individual employee performance.
Mandatory Tip Distribution
By enabling tipping on the Platform, you agree to distribute 100% of all tips received to the employee(s) who earned them. Tips must be paid out within the same pay period they were received. Failure to comply constitutes a material breach of these Terms.
Your Obligations
When using the tipping feature, you must:
- Pass through 100% of tips to the employee(s) who performed the service
- Distribute tips within the same pay period they were received
- Maintain records of tip distribution for at least 3 years
- Comply with all applicable labor laws regarding tip distribution
- Never deduct processing fees, administrative costs, or any other charges from employee tips
Prohibited Practices
The following practices are strictly prohibited and constitute grounds for immediate termination:
- Retaining any portion of employee tips
- Using tips to offset wages or other compensation
- Pooling tips without employee consent where prohibited by law
- Delaying tip distribution beyond the applicable pay period
- Misrepresenting tip amounts to employees
Zero Tolerance Policy - Immediate Termination
Any evidence of tip theft, tip retention, or failure to distribute tips to employees will result in immediate account termination without warning. Upon termination for tip violations: (1) Your account will be permanently suspended, (2) All subscription fees paid are non-refundable, (3) You will be permanently banned from the Platform, (4) We may report violations to applicable labor authorities.
Reporting Violations
Employees who believe their tips have been withheld may report violations to support@sergio.app. All reports are investigated and kept confidential. We take tip theft seriously and will act swiftly to protect employee rights.