Terms of Service
Last updated August 14, 2026
These Terms of Service (“Terms”) are an agreement between you and Cervan (“Cervan”, “we”, “us”) covering your use of the Cervan website, apps and services (the “Service”). By creating an account or using the Service, you agree to these Terms and to the policies that are part of them: our Fee Disclosure, Refunds & Cancellation, Acceptable Use Policy, Messaging Policy, AI & Voice Terms and Data Processing Addendum.
Section 13 requires most disputes to be resolved by individual binding arbitration and waives class actions. Please read it.
1. Who can use Cervan
You must be at least 18 years old and able to enter into a contract. You are responsible for your account, your login credentials, and everything done under your account, including by team members you invite.2. What Cervan is
Cervan is business software. We help you create estimates and invoices, schedule appointments, track expenses, message your customers, and: if you choose: accept card and bank payments through Stripe.
Cervan is not a bank, lender, money transmitter, payment processor, accountant, tax advisor or law firm. We do not provide financial, tax or legal advice.
3. Your content and your customers
You own the data you put into Cervan: your customers, documents, photos and business details. You grant us permission to host, process and transmit that data solely to operate the Service for you.
You are solely responsible for the accuracy and legality of what you send to your customers, including prices, taxes, licensing, warranty claims and the work you perform. When you send texts or emails through Cervan you confirm you have the recipient's consent to be contacted and that you will comply with applicable messaging laws (for example TCPA and CAN-SPAM). You must honor opt-out requests.
4. Payments to you (Stripe)
Online payments are processed by Stripe. When you enable payments, you create your own Stripe account and agree to the Stripe Connected Account Agreement. Your customers' payments go directly from Stripe to your bank account.
Cervan never holds, controls or delays your money. Payout timing, holds, reserves, refunds, chargebacks, disputes and account verification are handled by Stripe under your agreement with Stripe. Cervan is not responsible for a payment that Stripe declines, reverses, holds or delays.
5. Subscriptions and fees
Plan pricing, billing cycles, processing fees and cancellation are described in our Fee Disclosure, which is part of these Terms. Paid plans renew automatically until you cancel. You can cancel anytime and keep access through the end of the period you already paid for. Except where required by law, payments already made are non-refundable.6. Acceptable use
Don't use Cervan to break the law, send spam or unsolicited messages, misrepresent your business, infringe someone's rights, attempt to breach or overload our systems, resell the Service, or process payments for a business you don't own or operate.7. Third-party services
The Service relies on providers such as Stripe (payments), Twilio (text messaging), Google (maps, routing, Google Calendar and Gmail) and our hosting and AI providers. Their outages, decisions or terms can affect features, and we are not responsible for their acts or omissions.7a. Connecting your Google account
Connecting a Google account to Cervan is optional. If you choose to connect it, you sign in with Google and grant Cervan permission to work with your own Google Calendar (and, if you enable it, your own Gmail) so your Cervan jobs appear on your calendar and customer email stays in one place. Each Cervan user connects their own Google account, and the access applies only to that account.
You can disconnect at any time from Settings, Connections inside Cervan, or from your Google Account permissions page. Cervan's use of information received from Google APIs follows the Google API Services User Data Policy, including the Limited Use requirements.
8. Availability and changes
We work to keep Cervan running but we do not guarantee uninterrupted or error-free service. We may add, change or remove features. If we make a material change to these Terms, we will notify you in the app or by email before it takes effect.9. Termination
You can stop using Cervan and delete your account at any time. We may suspend or terminate an account that violates these Terms, creates risk or legal exposure, or fails to pay. On termination you lose access to the Service; export anything you need first.10. Disclaimers and limitation of liability
The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law.
To the maximum extent permitted by law, Cervan is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or business interruption. Our total liability for any claim relating to the Service is limited to the amount you paid Cervan in the 12 months before the claim, or $100, whichever is greater.
11. Indemnity
You agree to defend, indemnify and hold Cervan harmless from any claim, demand, loss, damage, penalty, fine, cost or expense, including reasonable attorneys' fees, arising from or related to: the work you perform for your customers; your content and your customer data; the texts, emails, calls and review requests you send through the Service, including any claim under the TCPA, CAN-SPAM or a state messaging or recording law; a dispute, refund or chargeback with one of your customers; your taxes, licenses, permits, insurance or employment obligations; your use of AI or voice features; or your breach of these Terms or any policy that is part of them.
We will notify you of a claim and you will control the defense with counsel reasonably acceptable to us. You may not settle a claim in a way that imposes an obligation or admission on Cervan without our written consent. We may participate in the defense at our own expense.
12. Force majeure and dependencies
Neither party is liable for a delay or failure caused by an event beyond its reasonable control, including outages, network or carrier failures, cyberattacks, acts of government, labor disruption, fire, flood, earthquake or other natural disaster. If a provider we depend on, such as Stripe, Twilio, Google, our AI providers or our hosting provider, suspends, changes or discontinues its service, Cervan is not liable for the resulting effect on the Service.13. Disputes, arbitration and class action waiver
Read this section carefully. It affects how disputes are resolved.
Informal resolution first. Before starting a formal proceeding, you agree to email support@joincervan.com with a description of the dispute and the relief you want, and to give us 30 days to try to resolve it. This step is a condition of bringing a claim.
Binding individual arbitration. If we cannot resolve it, you and Cervan agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court, except as stated below. Arbitration will take place in the county in California where Cervan is located, or by remote hearing or on documents only if you prefer. The arbitrator decides all issues, including the scope and enforceability of this section, and may award the same individual relief a court could.
Class action waiver. Claims must be brought only in your individual capacity. You and Cervan waive any right to bring or participate in a class, collective, consolidated, mass or representative action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in court and the rest of this section still applies.
Exceptions. Either party may bring a claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or stop unauthorized access to the Service.
Opt out. You may reject this arbitration and class waiver section by emailing support@joincervan.com within 30 days of first accepting these Terms, including your account name and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.
Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, unless applicable law prohibits a shorter period.
14. Governing law
These Terms are governed by the laws of the State of California, without regard to conflict of law rules. For any dispute not subject to arbitration, you and Cervan consent to the exclusive jurisdiction of the state and federal courts located in California and waive any objection to venue there. Each party waives the right to a jury trial to the extent permitted by law.15. General
These Terms and the policies they incorporate are the entire agreement between you and Cervan about the Service and replace any earlier understanding. If a provision is unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Sections covering your content, fees owed, disclaimers, limitation of liability, indemnity, arbitration and this section survive termination. Nothing in these Terms creates a partnership, employment or agency relationship.
16. Contact
Cervan: support@joincervan.comQuestions? Email support@joincervan.com.
