This Master Services Agreement (the "Agreement") is entered into between Obra Tech LLC, a California limited liability company ("Provider," "we," "us"), and the contractor identified at checkout ("Contractor," "you").
1. Acceptance of This Agreement
1.1 How you accept. You accept this Agreement by checking the box labeled "I have read and agree to the Master Services Agreement and Data Processing Addendum" and completing checkout. Checking that box has the same legal effect as a handwritten signature. If you do not agree, do not check the box and do not purchase the Services.
1.2 Authority. By accepting, you represent that you are at least 18 years old, that you are the owner or an authorized representative of the contracting business, and that you have authority to bind that business to this Agreement.
1.3 Record of acceptance. At the moment you accept, Provider records your identity, business name, license number if supplied, date and time, IP address, browser user agent, order summary, recurring-charge terms, and the version identifier and hash of the exact Agreement, DPA, and order terms presented. Provider will email you a copy or durable link to the accepted documents. Retain that email.
1.4 Changes to this Agreement. Provider may amend this Agreement. For any material change, Provider will give you at least thirty (30) days' advance notice by email to your account address and will require you to accept the revised version. If you do not accept a material change, your sole remedy is to terminate under Section 5 before the change takes effect; no early-termination fee will apply in that circumstance. Non-material changes (typographical corrections, clarifications, updated contact details) take effect on posting.
1.5 Order of precedence. If a conflict exists, the order of precedence is: (a) the Order Form describing your Plan and fees; (b) this Agreement; (c) the Data Processing Addendum; (d) any other document referenced here.
1.6 Claim and preview. Before you accept this Agreement you may have asked Provider to prepare a free preview of your Site (a "claim"). A claim authorizes Provider only to prepare that preview from your business information; it does not obligate you to buy, and this Agreement binds you only if you accept it at checkout.
2. Definitions
"Contractor Content" means all text, photographs, images, video, logos, reviews, testimonials, business information, credentials, and other material that you supply to Provider, approve for use, or publish through the Services — including material that Provider collected from public sources and that you approved during onboarding.
"Lead" means an inquiry submitted by a visitor through a form on the Site.
"Provider Materials" means the software, source code, page templates, component library, design system, variant selection engine, motion presets, stock and AI-generated media, documentation, and all other materials Provider uses to build and operate the Site, excluding Contractor Content.
"Services" means the website design, build, hosting, lead delivery, support, and related services described in Section 3 and in your order form.
"Site" means the website Provider builds and operates for you under this Agreement.
"Plan" means the service plan you chose (for example Starter or Pro), as described on your order form.
"Order Form" means the checkout summary you accept when you purchase, showing your Plan, the recurring price, billing frequency, and when billing starts.
3. The Services
3.1 Plans. Provider will build and operate the Site under the Plan shown on your Order Form. Plans differ in features, such as booking and payment features and support. The current description of each Plan is shown on Provider's website and on your Order Form; if they differ, your Order Form controls.
3.2 Build. Provider builds your initial Site at no charge unless your Order Form states a setup fee. Provider will build the Site using Provider Materials populated with Contractor Content. Provider targets delivery within ten (10) business days of receiving everything listed in Section 6.2, but delivery timing is an estimate and not a deadline.
3.3 Design. Provider assigns your Site's visual treatment — color palette, typography, layout, and motion — using an automated selection system. You are purchasing a professionally-designed website built from Provider's template system, not a bespoke design engagement, unless your Order Form says otherwise. Provider will accommodate reasonable palette or layout preferences during the initial build at Provider's discretion.
3.4 What is not included. Unless expressly stated on your Order Form, the Services do not include: legal, tax, insurance, licensing, privacy, advertising-compliance, or accessibility advice; accessibility conformance testing, certification, remediation, or any warranty of conformance with the Americans with Disabilities Act, the Unruh Civil Rights Act, WCAG, Section 508, or any other accessibility standard (see Section 13); search engine optimization services; paid advertising management; social media management; content marketing beyond what your Plan includes; photography or videography; logo design; email hosting; e-commerce or payment processing on the Site (other than the Pro booking-deposit feature in Section 12.4); custom software development; integration with third-party CRM or field-service software; or ongoing marketing strategy consultation.
3.5 Hosting and infrastructure. Provider hosts the Site on third-party infrastructure. Provider targets high availability but does not commit to a specific uptime percentage and provides no service credits for downtime.
4. Fees and Payment
4.1 Fees are on your Order Form. The monthly fee, billing frequency, and billing start date for your Plan are stated on your Order Form, which you accept at checkout. Prices or limited-time offers shown in advertising, on Provider's website, or in calls or messages are not part of this Agreement. The Order Form controls. Provider may offer different prices to different customers and may change prices for new customers at any time.
4.2 Initial build. Provider builds your initial Site at no charge unless your Order Form states a setup fee.
4.3 Billing and continuous service. Your monthly fee begins on the date stated on your Order Form (ordinarily the date your Site goes live) and recurs monthly on that calendar day until you cancel under Section 5.2. The checkout page will state the recurring amount, billing frequency, when recurring billing starts, and how to cancel. By checking the acceptance box and completing checkout, you expressly authorize Provider and Stripe to charge your payment method on file on a recurring basis until cancellation takes effect.
4.4 Taxes. Fees are exclusive of sales, use, and similar taxes. You are responsible for any such taxes other than taxes on Provider's income.
4.5 Failed payment. If a charge fails, Provider will notify you and retry. If payment remains unresolved ten (10) days after the first failure, Provider may suspend the Site. If it remains unresolved thirty (30) days after the first failure, Provider may terminate under Section 5.3. A suspended Site is restored promptly on payment; no reactivation fee applies within the 30-day window.
4.6 Price changes for existing customers. Provider may change your recurring fee on at least thirty (30) days' written notice by email (or longer if the law requires). The new fee applies only after that notice period. If you do not accept the increase, you may cancel under Section 5.2 before it takes effect. The price on your Order Form applies until then.
4.7 Refunds. If you cancel before your Site goes live, Provider will refund any amount you were charged. After your Site goes live, monthly fees are non-refundable, including for partial months, except where Provider charged you in error or without your authorization, which Provider will refund.
4.8 Domain costs. If you want a domain of your own, you register it in your own name, with your own account at a registrar you choose, and you pay the registrar directly. Registrar fees are separate from the Services fees.
5. Term and Termination
5.1 Term. This Agreement begins on your acceptance and continues month-to-month until terminated.
5.2 Cancellation by you. You may cancel at any time, for any reason, by emailing support@obraup.com. You do not need to speak with sales. Provider may require reasonable authentication before processing cancellation. Cancellation takes effect at the end of your current paid monthly period, and you will not be charged again after that. Service continues through the end of that period unless Provider agrees otherwise in writing.
5.3 Termination by Provider. Provider may terminate: (a) on thirty (30) days' notice for convenience; (b) immediately for non-payment under Section 4.5; (c) immediately if your contractor license is suspended, revoked, expired, or otherwise becomes inactive; (d) immediately if you breach Section 6 or Section 7 and fail to cure within ten (10) days of notice; or (e) immediately if Provider reasonably believes continuing would violate law or expose Provider to legal claims.
5.4 What happens on termination.
- Your own domain stays yours. If your Site uses a domain you registered in your own name, you own and control it; Provider will stop pointing it at the Site and give reasonable help with the change. If your Site uses a free subdomain provided by Obra Tech LLC (for example
yourbusiness.obraup.com), that subdomain belongs to Provider, cannot be transferred, and stops working when the Site comes down. - Your content is yours. Provider will return your photographs, text, logo, and other Contractor Content to you in a common format on request. For thirty (30) days after termination, Provider will provide that export on request; after that window Provider may delete it. Provider does not promise to export Lead records unless your Plan or Order Form includes persistent lead storage; ordinary form submissions are delivered by email and are controlled by the receiving inbox.
- The Site comes down. Provider will take the Site offline at the end of your final paid period. Provider is not obligated to preserve the Site, its code, or its configuration after the 30-day export window closes.
- Provider Materials do not transfer. The Site's underlying code, templates, and design system remain Provider's property under Section 8. Termination does not grant you a license to them, and Provider will not deliver source code.
- Sections 7, 8, 11, 13, 14, 15, 17, 20, and 21 survive termination.
6. Your Obligations
6.1 License and credentials. You represent and warrant that:
- You hold a current, active, and unsuspended contractor license issued by the California Contractors State License Board (CSLB), and you will maintain it throughout the Term.
- Every credential you provide or approve for display — license number, classification, bond amount and surety, workers' compensation status and carrier, liability insurance amount and carrier, certifications, and years in business — is accurate and current.
- You will notify Provider in writing within five (5) business days of any change to your license status, bond, workers' compensation coverage, or liability insurance.
6.2 What you must provide. To build your Site, you must supply: your preferred domain name; a business email address for lead delivery; a mobile number for SMS lead alerts only if your Plan includes them and you want them enabled; approval of the content set Provider assembles under Section 7.2; and, if you want liability insurance displayed on your Site, a current certificate of insurance. Provider will not display an insurance amount it has not verified from a certificate you supply. You are responsible for making sure any phone number you provide may lawfully receive service messages from Provider.
6.3 California advertising rules. You acknowledge that under California Business and Professions Code § 7030.5, a licensed contractor must include their license number in all advertising, and that a website is advertising. The Site displays your license number for this purpose. Keeping that number accurate is your responsibility under Section 6.1.
6.4 Responding to Leads. Provider delivers Leads to you. Responding to them is entirely your responsibility. Provider has no obligation to follow up on Leads, and Provider's delivery of a Lead creates no relationship between Provider and the person who submitted it.
6.5 Your relationship with your customers. You alone are responsible for the work you perform, the contracts you sign, the estimates you give, and every aspect of your relationship with homeowners and other customers. Provider is not a party to those relationships, does not supervise your work, and has no liability arising from it.
6.6 Lawful use. You will not use the Site or the Services to violate any law, infringe anyone's rights, send unsolicited commercial messages, or publish false, misleading, defamatory, discriminatory, or obscene content.
7. Contractor Content — Your Warranty and Indemnity
This section allocates the risk in the arrangement that lets Provider build your Site quickly. Read it carefully.
7.1 Your warranty. You represent and warrant that, for all Contractor Content:
- You own it, or you hold all rights, permissions, and licenses necessary to publish it on the Site and to grant Provider the license in Section 7.4;
- Its collection, submission, approval, and publication do not breach any platform terms, confidentiality duty, privacy obligation, or contract that binds you;
- It does not infringe or misappropriate any copyright, trademark, trade secret, right of publicity, right of privacy, or other right of any third party;
- It is truthful and not misleading, and specifically that any review, testimonial, rating, before-and-after image, project description, or credential is genuine, current, accurately presented, and not selectively edited in a way that changes its meaning;
- Any photograph depicting identifiable private property was taken with the property owner's permission, or you otherwise have the right to publish it;
- Any review or testimonial attributed to a named person reflects that person's actual statement and is used in a way permitted by applicable law, platform terms, and any consent required from the author.
7.2 Content assembled by Provider — you approve it, you own the warranty. Provider may assemble a proposed content set for your Site from information you provide and from publicly available business listings, directories, search results, and review platforms. Provider's collection of proposed content is a drafting convenience only; it is not Provider's representation that the content is lawful to republish. Provider will present that content set to you for written approval before your Site goes live. On approval, that material becomes Contractor Content and Section 7.1 applies to it in full. If you are not certain you hold the rights to a photograph, review, logo, testimonial, or other material in the proposed set, tell Provider and it will be removed. Provider may refuse to publish or may remove any content that Provider believes creates legal, platform, reputational, or operational risk, even if you approved it.
7.3 Your indemnity. You will defend, indemnify, and hold harmless Provider and its personnel from and against any third-party claim, demand, suit, proceeding, loss, liability, damage, penalty, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) Contractor Content, including any claim that it infringes or misappropriates a third party's rights or that a platform's terms of service were violated; (b) your breach of Section 6 or Section 7; (c) any claim that a credential displayed on the Site was inaccurate, where you supplied or approved that credential; or (d) your work for, contracts with, or conduct toward your customers.
7.4 License to Provider. You grant Provider a non-exclusive, worldwide, royalty-free license to host, reproduce, adapt, resize, optimize, and display Contractor Content solely to provide the Services and, subject to Section 19, to display the Site in Provider's portfolio. This license ends on termination, except for portfolio use permitted under Section 19 and for archival copies Provider is required to retain.
7.5 Takedown. If any person notifies Provider of a credible claim that content on your Site infringes their rights or is otherwise unlawful, Provider may remove that content immediately and without prior notice to you, and will inform you promptly afterward. Removal under this Section is not a breach by Provider and does not reduce your fees. Send infringement notices to support@obraup.com.
8. Intellectual Property
8.1 Provider owns Provider Materials. Provider retains all right, title, and interest in Provider Materials, including the source code, page templates, component library, design system, variant selection engine, motion presets, stock and AI-generated media, and every improvement to any of them. Nothing in this Agreement transfers ownership of Provider Materials to you.
8.2 You own Contractor Content. You retain all right, title, and interest in Contractor Content, subject to the license in Section 7.4.
8.3 Your license to the Site. During the Term, Provider grants you a non-exclusive, non-transferable, non-sublicensable license to use and display the Site for your business. This license ends on termination.
8.4 Your domain and your business identity. Your domain name, business name, logo, and trademarks are and remain yours. Provider claims no rights in them beyond the license in Section 7.4.
8.5 Feedback. If you send Provider suggestions or feedback about the Services, Provider may use them without restriction or obligation to you.
9. Edits, Updates, and Support
9.1 Initial setup. Provider sets up your Site the first time, including reasonable adjustments during the initial build.
9.2 Self-service updates. After launch, you can update your gallery, services, text, and license information yourself through your admin page, as often as you like, at no extra fee.
9.3 Major edits are an add-on. Redesigns, new pages, changes to site structure or navigation, and new functionality are not part of your Plan. Provider will quote them based on scope and will not start work until you agree to the quote in writing.
9.4 Done-for-you updates. Provider makes content updates for you only if your Order Form expressly says your Plan includes them. Otherwise, use the self-service tools in Section 9.2.
9.5 Support response. Provider targets a first response within three (3) business days. This is a target, not a guarantee, and no service credit arises from missing it.
9.6 How to submit. Submit support requests through the method Provider designates. Provider is not obligated to act on requests made by other channels.
10. AI Chatbot Editor (Where Included)
10.1 What it does. Your Plan may include an AI-powered editing assistant that lets you change portions of your Site through a chat interface. Changes are staged for your review and go live only after you approve them.
10.2 You are the publisher. Any change you approve through the chatbot is published by you, not by Provider. You are solely responsible for the accuracy, legality, and appropriateness of that content, and Sections 6, 7, and 7.3 apply to it in full.
10.3 AI output is not reliable. The assistant is built on a large language model. It can misunderstand instructions, produce inaccurate text, or make changes you did not intend. Review every change before approving it. Provider disclaims all liability for content published through the assistant.
10.4 Limits. Provider may impose usage limits. The assistant cannot change your Plan, pricing, structural navigation, or legal pages, and cannot publish to third-party platforms on your behalf.
10.5 Logging. Provider logs assistant conversations, prompts, outputs, approvals, and resulting changes for audit, support, quality control, security, and abuse prevention. Do not submit sensitive personal information, financial information, health information, government identifiers, or confidential customer information to the assistant. Provider's handling of Contractor account data is described in Provider's own privacy policy.
11. No Guarantee of Results
This section is important. Read it before you buy.
11.1 No promise of leads, rankings, traffic, or revenue. Provider makes no representation, warranty, or guarantee as to:
- the number or quality of Leads you will receive;
- your position in Google or any other search engine's results;
- the volume of traffic your Site will receive;
- any increase in your revenue, close rate, or business volume; or
- any specific return on your investment in the Services.
11.2 Provider does not sell SEO. Provider builds your Site with sound technical fundamentals — structured data, fast load times, mobile-responsive layout, semantic markup. Provider does not provide search engine optimization as a service, does not manage your rankings, and does not commit to any ranking outcome. Search engines change their algorithms without notice and Provider has no control over them.
11.3 Statements outside this Agreement. Any estimate, projection, example, or case study Provider shares during the sales process is illustrative only and is not a promise. No statement by Provider, in any channel, creates a guarantee of results. This Section controls over any such statement.
12. Third-Party Services
12.1 Dependencies. The Services rely on third parties including, at present, Vercel (hosting), Resend (email delivery), Stripe (payments), Cloudflare (domain registration and DNS), Google (maps, where embedded), Twilio (SMS, only where enabled), and Anthropic or another AI provider (AI assistant, only where enabled). Provider may add, remove, or substitute providers, subject to the DPA where visitor Personal Information is processed.
12.2 No liability for third-party failures. Provider is not liable for any outage, degradation, data loss, security incident, price change, or discontinuation attributable to a third-party service, or for any act or omission of a third party.
12.3 Third-party terms. Your use of a third-party service through the Services may be subject to that provider's own terms.
12.4 Pro integrations (Google Calendar and Stripe). If your Plan includes booking and payment features: (a) you connect your own Google Calendar and your own Stripe account to the Site and can disconnect them at any time; (b) Provider does not hold, receive, or control your customers' payments, which go to your Stripe account; (c) you are responsible for your agreement with Stripe, for your deposit and refund terms with your customers, for chargebacks and disputes, and for any taxes; (d) Provider's access to your calendar is limited to showing availability and creating bookings you configure; and (e) Provider is not liable for missed, double, or wrong bookings, or for a failure of Google or Stripe.
13. Disclaimers and Accessibility
13.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY CALIFORNIA LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13.2 PROVIDER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
13.3 Some jurisdictions do not allow the exclusion of implied warranties, so parts of this Section may not apply to you.
Accessibility
Read Sections 13.4 through 13.9 carefully. Website accessibility claims are common in California and this Section allocates responsibility for them.
13.4 No warranty of accessibility conformance. PROVIDER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SITE CONFORMS TO, OR WILL CONTINUE TO CONFORM TO, THE AMERICANS WITH DISABILITIES ACT, THE CALIFORNIA UNRUH CIVIL RIGHTS ACT, CALIFORNIA GOVERNMENT CODE § 11135, SECTION 508 OF THE REHABILITATION ACT, THE WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG) AT ANY LEVEL OR VERSION, OR ANY OTHER ACCESSIBILITY LAW, REGULATION, STANDARD, OR GUIDELINE.
13.5 Out of scope. Accessibility auditing, conformance testing, certification, remediation, assistive-technology compatibility testing, and the preparation of an accessibility statement or VPAT are expressly outside the scope of the Services and are not included in any Plan. They are available as a separate paid engagement — see Section 13.9.
13.6 What Provider does do. Provider builds the Site using generally accepted development practices that support accessibility, including semantic HTML, keyboard-operable interactive elements, and text alternatives on images Provider supplies. These are good-faith practices, not a conformance commitment, and nothing in this Section 13.6 creates a warranty. If you report a specific accessibility defect in Provider Materials, Provider will make commercially reasonable efforts to correct it at no charge as part of your Plan's included support.
13.7 Contractor Content drives conformance. Much of a website's accessibility depends on its content rather than its code. You are solely responsible for the accessibility characteristics of Contractor Content, including but not limited to: alternative text for photographs you supply or approve; color contrast in logos and images; captions and transcripts for any video or audio; the structure and readability of text you write; and the accessibility of any PDF, document, or third-party widget you ask Provider to add. Content you publish through the AI editing assistant under Section 10 is Contractor Content for this purpose.
13.8 Your compliance obligations are yours. You acknowledge that you, as the operator of the Site and the proprietor of the business it advertises, are responsible for determining and meeting your own obligations under accessibility law. Provider is not your legal advisor and has not advised you on whether those laws apply to your business. Provider recommends you obtain independent legal advice on this question and consider whether your general liability policy covers accessibility claims. Your indemnity under Section 7.3 extends to any third-party accessibility claim to the extent it arises from Contractor Content.
13.9 Remediation is available. If you receive a demand letter, complaint, or claim concerning the Site's accessibility, notify Provider promptly. Provider offers accessibility auditing and remediation as a separate paid service and will quote the work. Provider's willingness to perform that work is not an admission of liability and does not modify Sections 13.4 through 13.8.
14. Limitation of Liability
14.1 No indirect damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST LEADS, OR LOSS OF GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY.
14.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES YOU PAID TO PROVIDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14.3 Exclusions from the cap. Sections 14.1 and 14.2 do not limit: your payment obligations under Section 4; your indemnity under Section 7.3; either party's liability for fraud, willful misconduct, or gross negligence; or any liability that cannot be limited under applicable law.
14.4 Basis of the bargain. The fees reflect this allocation of risk. Without it, the fees would be materially higher.
15. Indemnification by Provider
Provider will defend, indemnify, and hold you harmless from any third-party claim alleging that Provider Materials, used as Provider supplied them and excluding Contractor Content, infringe a United States copyright, trademark, or patent. This obligation does not apply to any claim arising from Contractor Content, from your modification of the Site, from your combination of the Site with anything Provider did not supply, or from your continued use after Provider provided a non-infringing alternative. Provider's total liability under this Section is subject to Section 14.2.
16. Data Protection
16.1 DPA. Provider's handling of personal information submitted through your Site is governed by the Data Processing Addendum, incorporated into this Agreement by reference. By accepting this Agreement you also accept the DPA.
16.2 Roles. For personal information collected from visitors to your Site, you determine why the information is collected and how you use it. To the extent the California Consumer Privacy Act applies to you, you are the business and Provider is a service provider or contractor, as those terms are defined in the CCPA. Even where you are not a covered CCPA business, Provider contractually follows the use restrictions in the DPA for visitor Personal Information.
16.3 Your privacy obligations. Provider will deploy a privacy policy and terms of use on your Site. You remain responsible for your own compliance with privacy law, including responding to consumer requests that come to you directly, and for the accuracy of the privacy disclosures as applied to your business. Review them and tell Provider if anything is wrong.
17. Confidentiality
Each party may receive non-public information from the other. The receiving party will use it only to perform under this Agreement and will protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiving party, was already known, is independently developed, or is lawfully obtained from a third party. A party may disclose confidential information if legally compelled, after giving the other party notice where permitted.
18. Communications from Provider
18.1 Service communications. You consent to receive emails and, if you provide a mobile number for service alerts, text messages from Provider about your account, your Site, Leads, billing, support, outages, and changes to these terms. These are transactional or relationship communications and are necessary to operate the Services. You may opt out of SMS by replying STOP, but doing so may disable SMS lead alerts or other text-based service features.
18.2 Marketing. Provider may send you occasional marketing messages. You may opt out at any time using the unsubscribe link or by replying STOP; opting out of marketing will not affect service communications.
18.3 Message rates. Standard message and data rates may apply.
19. Publicity
19.1 Provider would like to show your Site in its portfolio, case studies, and marketing. You may decline. If you do not opt out at checkout, Provider may display your business name, logo, Site screenshots, and a link to your Site for that purpose.
19.2 You may withdraw permission at any time by emailing support@obraup.com. Provider will remove the material within thirty (30) days, other than from printed materials already distributed.
19.3 Provider will not publish your revenue, Lead volume, or other non-public business metrics without your separate written consent.
20. Dispute Resolution
20.1 Talk first. Before filing anything, the parties will attempt to resolve the dispute informally. Send a written description of the dispute and your proposed resolution to support@obraup.com. Both parties will negotiate in good faith for thirty (30) days.
20.2 Arbitration. If informal resolution fails, any dispute arising out of or relating to this Agreement will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator, seated in Santa Clara County, California. The arbitrator's award may be entered in any court of competent jurisdiction. This is a business-to-business agreement between two commercial parties.
20.3 Exceptions. Either party may bring an action in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information, without first arbitrating.
20.4 No class actions. Disputes will be resolved individually. Neither party may bring a claim as a plaintiff or class member in a class, collective, or representative proceeding.
20.5 Costs. Each party bears its own attorneys' fees and costs, except that the arbitrator may award fees and costs to the prevailing party where authorized by law.
21. General
21.1 Governing law. California law governs this Agreement, without regard to conflict-of-laws principles.
21.2 Venue. For any matter not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.
21.3 Independent contractors. The parties are independent contractors. This Agreement creates no partnership, joint venture, employment, agency, or franchise relationship.
21.4 Assignment. You may not assign this Agreement without Provider's written consent, except to a successor to substantially all of your business who assumes your obligations in writing. Provider may assign this Agreement in connection with a merger, acquisition, or sale of assets. Any other purported assignment is void.
21.5 Force majeure. Neither party is liable for failure to perform (other than payment obligations) due to causes beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, labor action, governmental action, epidemic, internet or utility failure, or third-party service outage.
21.6 Notices. Provider gives notice by email to the address on your account. You give notice by email to support@obraup.com. Notice is effective on the day sent, or the next business day if sent after 5:00 p.m. Pacific Time. Keep your email address current.
21.7 Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remainder stays in effect.
21.8 No waiver. A party's failure to enforce a provision is not a waiver of it.
21.9 Entire agreement. This Agreement, together with your order form and the Data Processing Addendum, is the entire agreement between the parties on its subject matter and supersedes all prior discussions, proposals, demonstrations, and representations, whether oral or written. Any statement made during the sales process that is not written here is not part of this Agreement.
21.10 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This Agreement will not be construed against the drafting party.
Contact
| Support | support@obraup.com |
| Legal notices | support@obraup.com |
| Infringement claims | support@obraup.com |
Master Services Agreement v1.0 · October 3, 2026 · Prices live on the Order Form, not in this Agreement.
Questions? Email support@obraup.com