End User License Agreement
Version 2026.09.09.1 · Effective September 9, 2026
This End User License Agreement ("EULA") is a legally binding license between Stakkivation LLC ("Company," "we," "us," or "our") and the business that accesses or uses the AppointmentJump software, websites, iOS app, scheduler, APIs, and related materials (the "Software"). AppointmentJump is a product of Stakkivation LLC. It is not a separate legal entity, not a DBA that creates a second defendant, and not a party you can contract with or sue apart from Stakkivation LLC. There is no AppointmentJump LLC. Stakkivation LLC owns all rights in the Software that are not expressly licensed here.
By creating an account, clicking agree, connecting a third-party service (including QuickBooks Online), completing checkout, or using the Software, you accept this EULA, our Terms of Service, our Privacy Policy, our Data Processing Addendum, and (if you connect QuickBooks Online) our QuickBooks Online data notice. If you do not agree, do not use the Software. If this EULA and the Terms conflict, the provision that gives greater protection to Stakkivation LLC controls. The Privacy Policy and DPA do not expand our liability.
This is a business-to-business contract, not a consumer contract. You represent that you are entering it for a trade or business, that you are authorized to bind the business, and that you are 18 or older. The California Consumers Legal Remedies Act does not apply. To the maximum extent permitted, you waive UCL, FAL, Song-Beverly, and Unruh claims as a shop against us.
1. License grant
Subject to this EULA and the Terms, and only while your account is in good standing, Stakkivation LLC grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Software solely for your internal business operations. This is a license, not a sale. No title or ownership passes to you. We may suspend, limit, or revoke the license at any time, with or without cause, and without liability to you.
The iOS app is licensed as a companion to the website Software. It does not include in-app purchases.
2. Reservation of rights
Stakkivation LLC and its licensors reserve all rights not expressly granted. The Software, including all code, models, prompts, workflows, designs, documentation, trademarks, and copies, is and remains the exclusive property of Stakkivation LLC or its licensors. You receive no implied licenses under any patent, copyright, trademark, trade secret, or other right.
3. License restrictions
You will not, and will not allow anyone else to:
- Copy, modify, translate, or create derivative works of the Software.
- Reverse engineer, decompile, disassemble, or attempt to extract source code or models, except to the limited extent a law forbids this restriction.
- Rent, lease, lend, sell, sublicense, assign, or otherwise transfer the Software or this license.
- Use the Software to build a competing scheduler, voice, or booking product.
- Remove proprietary notices, scrape the service, or exceed documented rate limits.
- Use the Software for any unlawful purpose, or in a way that violates telephony, recording, SMS, or consumer-protection law.
- Share login credentials or allow use outside your organization except as the Terms allow for invited staff.
4. Your content and connected services
You retain rights you already have in data you submit. You grant Stakkivation LLC a worldwide, perpetual, irrevocable, royalty-free license to host, process, transmit, and display that data as needed to operate, secure, bill, and improve the Software, including to import records from services you connect (such as QuickBooks Online and Google Calendar) and, when you connect QuickBooks Online, to write Customer, Invoice, Payment, and Item records to the company you select. You represent that you have all rights and consents needed to grant that license. You, not Stakkivation LLC, are solely responsible for the accuracy of that data, for picking the correct QuickBooks company, and for notices to your callers and customers. Connecting QuickBooks Online does not give you any Intuit license, and does not make Stakkivation LLC a party to your agreement with Intuit. We process QuickBooks Online data only for you, the shop that connected the company. We do not process it on Intuit's behalf. Intuit and QuickBooks are registered trademarks of Intuit Inc. Stakkivation LLC is not affiliated with, endorsed by, or sponsored by Intuit.
5. Feedback
If you send ideas, suggestions, comments, feature requests, improvement proposals, bug reports that include a proposed fix or design, reviews, survey answers, beta notes, or similar input about the Software or AppointmentJump ("Feedback"), you do not own that Feedback and you retain no copyright, patent, trademark, trade-secret, moral-right, or other intellectual-property rights in it. Feedback is not a confidential submission and is not your Customer Content. You assign to Stakkivation LLC all right, title, and interest worldwide in that Feedback as soon as you disclose it, for no additional compensation or credit. If assignment is not effective, you grant Stakkivation LLC a perpetual, irrevocable, worldwide, royalty-free, exclusive, transferable, sublicensable license to use, modify, disclose, commercialize, and otherwise exploit the Feedback for any purpose, including product development. You waive moral rights to the maximum extent the law allows. We have no duty to use or implement Feedback. You will not assert intellectual-property claims against Stakkivation LLC or its licensees based on Feedback. Informal confidentiality labels on Feedback do not bind us unless an authorized Stakkivation LLC officer signed a separate written NDA that expressly covers that disclosure. These Feedback terms survive termination. The Terms of Service Section 12B applies to Feedback and controls if this section is shorter.
6. Third-party components
The Software may include or call third-party services. Those services are licensed by their owners, not by this EULA. We are not responsible for third-party availability, terms, fees, or outages. Your use of Intuit, Google, Twilio, Stripe, or similar services is solely between you and that vendor. You will look first to that vendor for any claim about that vendor's product.
7. U.S. government rights
The Software is commercial computer software. If you are a U.S. government end user, you receive only the rights granted to civilian customers under this EULA, consistent with FAR 12.212 and DFARS 227.7202.
8. Export
You will not export, re-export, or use the Software in violation of U.S. export or sanctions law.
9. Term and termination
This EULA starts when you first accept it or use the Software and continues until terminated. We may terminate it immediately if you breach it, if your Terms end, or for any operational, security, or legal reason, without liability. On termination, the license ends and you must stop using the Software. We have no duty to retain your data as an archive. Sections that should survive (including 2 through 8 and 10 through 19) survive termination.
10. Assumption of risk
Protected Parties means Stakkivation LLC and its affiliates, officers, directors, members, employees, agents, suppliers, and subprocessors, and any other Stakkivation LLC product or site.
YOU ASSUME ALL RISK of using the Software. That includes missed or wrong bookings, scheduler output, failed or partial QuickBooks imports or syncs, wrong customer matches, calendar errors, carrier or vendor outages, lost calls, lost revenue, lost customers, security incidents, and reliance on any dashboard, import count, or demo. Stakkivation LLC does not assume those risks. You are solely responsible for verifying imported people and sales, for keeping your own backup way to answer the phone and take jobs, for your field work, pricing, licensing, and for your relationship with your callers and customers.
Where your plan includes talk-time, included minutes, call credits, text credits, SMS credits, or similar usage allowances, those allowances apply only to the billing period in which they are granted and do not roll over month to month unless the Terms of Service expressly say otherwise in a signed writing. Unused allowances have no cash or refund value. You are solely responsible for setting up and enabling call, forwarding, texting, registration, calendar, and related features so those allowances can be used. Stakkivation LLC is not liable if allowances go unused because you did not complete that setup, and that unused amount is not a refundable failure of the Software.
11. Lost revenue, lost customers, and tools not working
The Software may fail, pause, misfire, or be unavailable. Imports and Sync now may skip people, pull the wrong records, or not run. The scheduler may miss a call, book the wrong time, or not book at all. Calendars, carriers, Intuit, and other vendors may be down. There is no uptime promise and no service-level agreement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE AND WILL NOT BRING ANY CLAIM AGAINST THE PROTECTED PARTIES FOR LOST REVENUE, LOST PROFITS, LOST BUSINESS, LOST GOODWILL, LOST CUSTOMERS, LOST LEADS, LOST BOOKINGS, LOST REVIEWS, LOST RANKING, OR SIMILAR ECONOMIC LOSS, WHETHER THE CLAIM IS LABELED BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, MISREPRESENTATION, OR ANY OTHER THEORY, AND WHETHER THE LOSS IS CALLED DIRECT OR CONSEQUENTIAL. That waiver applies if a tool did not work, worked late, worked partly, or worked wrongly. It applies even if we knew the loss was possible.
If a remedy in this EULA fails of its essential purpose, the liability limits and this waiver still apply. Your only remedy for a tool that does not work is to stop using the Software and cancel. You will not sue Stakkivation LLC for those economic losses. You will not ask a court or arbitrator for lost-profit or lost-customer damages from us.
12. Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Stakkivation LLC AND THE PROTECTED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. We do not warrant uninterrupted service, error-free imports, that the scheduler will book every call, or that the Software cannot be breached. Website copy, ads, demos, and help articles are illustrations only. They are not warranties and do not change this EULA. You did not rely on sales calls or "never miss a call" style copy, except for actual fraud.
13. No liability; exclusive remedy
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING FROM THE SOFTWARE OR THIS EULA, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST CUSTOMERS, LOST DATA, LOST BOOKINGS, LOST LEADS, BUSINESS INTERRUPTION, OR COSTS OF A SECURITY INCIDENT, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF LABELED DIRECT. Lost calls, bookings, customers, revenue, minutes, and import or sync errors are waived consequential damages.
If a court or arbitrator finds that a complete bar on damages is unenforceable, then in the alternative, and only to that extent, our aggregate liability for all claims is limited as stated in the Terms. If that cap does not apply, liability is limited to the fees you paid us for the Software in the 12 months before the claim, or $100, whichever is less. These limits are an essential basis of the bargain. We would not license the Software without them.
Your exclusive remedy for dissatisfaction, a failed import or sync, a booking error, a tool that does not work, lost revenue, lost customers, or any other issue with the Software is to stop using it and cancel. No other damages, credits, specific performance, or injunction against Stakkivation LLC except to protect our intellectual property. Except as required by non-waivable law, we do not indemnify you. We do not pay your lawyers.
14. Release and covenant not to sue
You release and forever discharge the Protected Parties from all claims, known or unknown, arising out of or related to the Software, this EULA, imports, syncs, bookings, calls, texts, connected services, a tool that did not work, lost revenue, or lost customers. You covenant not to sue, not to threaten suit, and not to join, assist, or fund any action against the Protected Parties for those claims, including claims that the Software caused you to lose money or customers. except for our fraud or willful injury to the extent a release would be void under California Civil Code section 1668. You will not name Stakkivation LLC or AppointmentJump as a defendant in a claim by your callers, customers, employees, or regulators. If a third party sues a Protected Party because of your use of the Software, you will substitute yourself, take over the defense, and pay all amounts as incurred under Section 15.
IF THIS RELEASE IS GOVERNED BY CALIFORNIA LAW, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 AND ANY SIMILAR LAW. SECTION 1542 SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
15. Indemnity
You will defend, indemnify, and hold harmless the Protected Parties from and against any claims, demands, investigations, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software; (b) your customer data, lists, and imported QuickBooks or calendar records; (c) your calls, texts, recordings, and notices; (d) your products, services, pricing, and field work; (e) your connected Intuit, Google, or other vendor accounts; (f) your breach of this EULA, the Terms, or law; (g) disputes between you and your callers, customers, employees, or contractors; and (h) any claim that names a Protected Party because of your account. We may control the defense with counsel of our choice. You will cooperate and will not settle a claim that imposes an admission, injunction, or payment on us without our prior written consent. You must tender claims promptly and pay as incurred, not after a final judgment. Your indemnity is in addition to, and not limited by, Sections 11 through 13. You will pay our reasonable fees to enforce this indemnity. This indemnity includes claims that a Protected Party caused you or a third party to lose revenue or customers because a tool did not work.
16. Dispute resolution
This EULA is governed by the laws of California, excluding conflict-of-law rules. Before filing a claim, you must email [email protected] a written notice describing the dispute and wait thirty (30) days. Except for our applications for injunctive relief to protect intellectual property or stop abuse, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Los Angeles County, California, as further stated in the Terms. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND TO A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. Claims must be individual only. Where enforceable, any claim you bring against us must be filed within one (1) year after it accrues, or it is permanently barred. That limit does not shorten the time we have to collect fees, enforce indemnity, or protect our intellectual property. You pay your own AAA fees. This is a business-to-business contract.
17. Force majeure
We are not liable for delay or failure caused by events beyond reasonable control, including outages of Intuit, Google, Twilio, carriers, or hosting. This section does not excuse your payment or indemnity obligations.
18. No third-party beneficiaries
There are no third-party beneficiaries of this EULA except the Protected Parties, who may enforce Sections 11 through 15. Your callers and customers have no rights against Stakkivation LLC under this EULA.
19. General
You may not assign this EULA. We may assign it to an affiliate or successor. If a court finds a term unenforceable, the rest stays in force and the unenforceable term is modified to the minimum extent needed to protect Stakkivation LLC. These terms will not be construed against the drafter. Waiver must be in writing. This EULA, the Terms, the Privacy Policy, and the DPA are the entire license agreement for the Software. Notices: Notices: email [email protected] (physical mailing address available upon written request for legal notices). Legal email: [email protected].
Intuit and QuickBooks are registered trademarks of Intuit Inc. Used with permission where required. Stakkivation LLC is not affiliated with, endorsed by, or sponsored by Intuit.
