Services Agreement (June 2024)

Updated June 10th, 2024

Last updated August 28, 2026

PSC Zirtual Holdings, LLC and Affiliated Brands
206B West James Street, Lancaster PA 17603, USA

Terms of Service

Please review these terms and conditions carefully.

These Terms of Service, together with the Plan selected by Customer, any Order Form where used, and, as may be updated from time to time, the privacy policy located at https://www.zirtual.com/privacy-policy/ (the “Privacy Policy”); the data processing addendum located at https://www.zirtual.com/data-processing-addendum (the “Data Processing Addendum” or “DPA”); and any Service-Specific Addenda that apply to the Plan (collectively, the “Agreement”), are all parts of a legally binding contract formed between PSC Zirtual Holdings, LLC, a Delaware limited liability company, together with its wholly owned subsidiaries and affiliated brands, including Zirtual, Double, Virtual Gurus, Zirtual Paralegals, Delegated, and Service Center Pro (collectively, “Company”) and you (“Customer”). Company and Customer are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

This Agreement governs Customer’s access to and use of the Services and is separate and distinct from the Website Terms of Use located at www.zirtual.com/website-terms-of-use (the “Website Terms of Use”), which govern general use of the Site’s public marketing and informational content and apply independently of this Agreement.

This Agreement becomes effective as of the date Customer purchases a Plan and accepts the terms of this Agreement, the date of last signature on an applicable Order Form, or, if earlier, the date Customer first accesses or uses the Services (the “Effective Date”).

This Agreement applies to Customer whether Customer is a natural person or a legal entity. If Customer is accepting this Agreement as an individual, Customer represents and warrants that Customer is at least eighteen (18) years of age. If Customer is accepting this Agreement on behalf of a company or other legal entity, Customer represents and warrants that Customer has full authority to bind that entity to this Agreement. Customer further represents and warrants that Customer is entering into this Agreement for business or professional purposes and not primarily for personal, family, or household use.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION (SCHEDULE A), WHICH, WITH LIMITED EXCEPTION, REQUIRES CUSTOMER TO SUBMIT CLAIMS AGAINST COMPANY TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION PROVISION: (1) CUSTOMER WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) CUSTOMER WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

THIS AGREEMENT ALSO REQUIRES CUSTOMER TO WAIVE ANY RIGHT TO A TRIAL BY JURY, WHETHER IN COURT OR IN ARBITRATION, AS SET FORTH IN SCHEDULE A, SECTION 10 (JURY TRIAL WAIVER).

THIS AGREEMENT ALSO CONTAINS DISCLAIMERS OF WARRANTIES (SECTION 15), LIMITATIONS OF LIABILITY (SECTION 18), A RELEASE OF CLAIMS (SECTION 16), AND AN INDEMNIFICATION OBLIGATION (SECTION 17).

BY (1) CLICKING A BOX OR BUTTON INDICATING ACCEPTANCE OF THIS AGREEMENT, (2) EXECUTING AN ORDER FORM, OR (3) ACCESSING OR USING THE SERVICES, CUSTOMER AGREES TO AND ACCEPTS ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF CUSTOMER DOES NOT WISH TO BE BOUND BY THIS AGREEMENT OR IS DISSATISFIED WITH THE SERVICES, CUSTOMER MUST NOT ACCEPT THIS AGREEMENT, EXECUTE AN ORDER FORM, OR ACCESS OR USE THE SERVICES.

Schedule A

SCHEDULE A — Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS CUSTOMER’S RIGHTS.

  1. Agreement to Arbitrate. This Schedule A is referred to as the “Arbitration Agreement.” Company and Customer agree that any and all disputes or claims that have arisen or may arise between Customer and Company, whether arising out of or relating to this Agreement, the Services, or otherwise, will be resolved exclusively through final and binding arbitration, rather than in a court, in accordance with the terms of this Arbitration Agreement, except that Customer may assert individual claims in small claims court if Customer’s claims qualify. Customer agrees that, by agreeing to this Agreement, Customer and Company are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Agreement affects Customer’s legal rights, including Customer’s right to file a lawsuit in court, to have a jury trial, and to participate in a class action. Customer should read it carefully. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Despite the above, this Arbitration Agreement does not preclude either Party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate, including to protect intellectual property rights; provided that any other relief will be pursued through arbitration. Notwithstanding the foregoing, to the extent that mandatory consumer protection laws applicable to Customer’s jurisdiction preclude enforcement of this Arbitration Agreement as to Customer, this Arbitration Agreement will apply to Customer only to the extent permitted by those mandatory laws, and any dispute not subject to arbitration under this Arbitration Agreement will be resolved exclusively in the federal and state courts located in Lancaster County, Pennsylvania, unless mandatory law requires otherwise.

  2. Delegation of Arbitrability. Any dispute regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or part of this Arbitration Agreement is void or voidable, will be resolved by the arbitrator and not by any court, except that any dispute regarding the enforceability of the Prohibition of Class and Representative Actions provision below will be resolved exclusively by a court of competent jurisdiction and not by the arbitrator.

  3. Prohibition of Class and Representative Actions. CUSTOMER AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH CUSTOMER AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

  4. Mass Arbitration; Batch and Bellwether Procedures. If twenty-five (25) or more similar arbitration demands against Company, involving similar claims, are filed by or on behalf of individual customers within a sixty (60)-day period by the same or coordinated counsel or entities (“Mass Filing”), the following procedures apply: (a) Batching. The American Arbitration Association (“AAA”) and the arbitrator(s) will administer the arbitration demands in batches of no more than fifty (50) individual demands per batch, to the extent consistent with the AAA’s Commercial Arbitration Rules (collectively, the “AAA Rules”), and provide for a single set of filing and administrative fees due per batch. (b) Bellwether Process. Before any batch proceeds beyond initial filings, the Parties will select ten (10) individual arbitration demands (five selected by Company, five selected by claimants’ counsel) to proceed as bellwether cases. The bellwether cases will be arbitrated individually, and no other cases in the Mass Filing will proceed until the bellwether cases have concluded and the Parties have had a sixty (60)-day mediation period to attempt global resolution informed by the bellwether outcomes. If no global resolution is reached, additional batches will proceed sequentially. (c) Tolling. All applicable statutes of limitations and filing deadlines are tolled for claims included in a Mass Filing from the date the first demand is filed until the claimant’s individual demand proceeds to arbitration. (d) Fees for Stayed Cases. Filing and administrative fees for arbitration demands that are stayed pending bellwether resolution will not come due until those demands are designated to proceed. (e) Coordination. The Parties agree that this provision is intended to promote the efficient and orderly resolution of claims filed in high volume, and any dispute over the application of this provision will be resolved by a single process arbitrator appointed by the AAA.

  5. Third-Party Funding Disclosure. If Customer’s claim is funded in whole or in part by a third party (including any litigation funder, law firm advancing costs on a contingency basis beyond standard fee arrangements, or any person or entity with a financial interest in the outcome of the arbitration other than Customer), Customer must disclose the identity of such third party and the general terms of the funding arrangement in the Notice of Dispute or, if funding is obtained later, within fourteen (14) days of entering into such arrangement. Failure to make required disclosures may result in sanctions, including dismissal of the claim or an award of fees and costs to Company.

  6. Pre-Arbitration Dispute Resolution. (a) Notice. A Party who intends to seek arbitration must first send the other Party a written notice of the dispute (“Notice”) by certified mail. The Notice to Company must be sent to: 206B West James Street, Lancaster, PA 17603. The Notice must: (i) describe the nature and basis of the claim or dispute; (ii) set forth the specific relief sought; and (iii) include documentation supporting the claim. (b) Good Faith Negotiation. If Company and Customer do not resolve the claim within sixty (60) calendar days after the Notice is received, either Party may commence an arbitration proceeding. During this sixty (60)-day period, the Parties agree to engage in good faith settlement negotiations, which may include a telephonic or video meet-and-confer session if requested by either Party. (c) Compliance Required. Compliance with this pre-arbitration dispute resolution process is a condition precedent to initiating arbitration. An arbitration demand filed without complying with this Section may be dismissed without prejudice.

  7. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s Consumer Arbitration Rules if Customer is an individual using the Services primarily for personal, family, or household purposes, and in accordance with the AAA’s Commercial Arbitration Rules in all other cases (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement controls unless the arbitrator determines that application of the inconsistent terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide. The arbitrator can award the same damages and relief on an individual basis that a court can award under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned only for very limited reasons.

  8. Discovery Limitations. To preserve the efficiency of arbitration, discovery is limited to: (a) exchange of documents directly relevant to the dispute; (b) up to five (5) written interrogatories per Party; and (c) one (1) deposition per Party of up to four (4) hours, unless the arbitrator determines that additional discovery is necessary for a fair resolution of the dispute. For disputes involving individual consumers using the Services primarily for personal, family, or household purposes, the arbitrator will apply these limitations with appropriate consideration for the consumer’s ability to obtain evidence necessary to support the claim. The arbitrator has discretion to modify these limitations for good cause shown.

  9. Hearing Location. Unless the Parties agree otherwise, any arbitration hearings will take place in a reasonably convenient location with due consideration of the Parties’ ability to travel and other relevant circumstances. If Customer is an individual, Customer may elect to have the hearing conducted in the county of Customer’s residence. If the Parties cannot agree, the AAA will determine the location. If Customer’s claim is for $10,000 or less, Customer may choose whether the arbitration will be conducted on documents, telephonically/by video, or in person. If Customer’s claim exceeds $10,000, hearing format is determined by the AAA Rules. The arbitrator will issue a reasoned written decision.

  10. Costs of Arbitration. (a) General Rule. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except as modified below. (b) Consumer Fee Protection. If Customer is an individual using the Services primarily for personal, family, or household purposes, Customer will not be required to pay any arbitration fees or costs that exceed the amount Customer would have paid to file a claim in court. Company will pay any arbitration fees and costs in excess of that amount, including the arbitrator’s fees. If the arbitrator determines that Customer’s claim was filed for purposes of harassment or is frivolous (as measured by Fed. R. Civ. P. 11(b) standards), Customer may be required to reimburse Company for fees and costs Company paid on Customer’s behalf. (c) Frivolous Claims (Non-Consumer). For Customers other than individuals using the Services primarily for personal, family, or household purposes, if the arbitrator finds that Customer’s claim was frivolous or brought for an improper purpose (as measured by Fed. R. Civ. P. 11(b) standards), Customer will reimburse Company for all filing, administration, and arbitrator fees, plus Company’s reasonable attorneys’ fees and costs. (d) Mass Filing Fee Allocation. In the event of a Mass Filing, if the arbitrator in any bellwether case finds that the claims in the Mass Filing are substantially without merit, lack evidentiary support, or were filed primarily for purposes of harassment or to extract a nuisance settlement, Company may seek recovery of its fees and costs incurred in defending the Mass Filing from claimants’ counsel or any third-party funder, to the extent permitted by law.

  11. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential.

  12. Jury Trial Waiver. WHETHER IN COURT OR IN ARBITRATION, CUSTOMER AND COMPANY AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW.

  13. Severability. If any provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions provision) is found invalid or unenforceable, the Parties agree to replace it with a valid provision that most closely reflects the Parties’ original intent. If the Prohibition of Class and Representative Actions provision is found invalid or unenforceable, the entirety of this Arbitration Agreement will be null and void, and the Parties consent to exclusive jurisdiction in the federal and state courts located in Lancaster County, Pennsylvania. The remainder of the Agreement will continue to apply.

  14. Continuation. This Arbitration Agreement will survive the expiration or termination of the Agreement.

  15. Right to Opt Out. Customer may opt out of this Arbitration Agreement by sending written notice of Customer’s decision to opt out to: 206B West James Street, Lancaster, PA 17603, within thirty (30) days after first accepting this Agreement. The notice must include Customer’s name, address, email address, and a clear statement that Customer wishes to opt out of this Arbitration Agreement. If Customer opts out of this Arbitration Agreement, all other terms of this Agreement will continue to apply. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that Customer may have entered into with Company or that Customer may enter into in the future with Company. This opt-out right is particularly intended to provide individual consumers with a meaningful opportunity to reject arbitration, but is available to all Customers.