Terms and Conditions
Welcome to Ever Answer AI!
These Terms and Conditions (“Terms”) outline the rules and regulations for the use of Ever Answer AI’s website and services (collectively, the “Services”), which include, but are not limited to, our Software-as-a-Service (SaaS) platform that creates, stores, and manages AI phone agents, call transcripts, and recordings for small and local businesses. By using our Services, you agree to these Terms in full.
If you do not agree to all of these Terms, please do not continue to use Ever Answer AI.
1. Acceptance of Terms
By accessing or using Ever Answer AI (the “Company,” “We,” “Us,” or “Our”) Services, or by signing up for an account, You (“Client,” “You,” “Your,” “User”) acknowledge that You have read, understood, and agree to be bound by these Terms. These Terms also incorporate our Privacy Policy, which governs how We collect, use, and protect any personal data You provide.
2. Definitions
- “Client,” “You,” “Your”: Refers to the person or legal entity registering, accessing, or using the Services.
- “Company,” “We,” “Us,” “Our”: Refers to Ever Answer AI.
- “Service(s)”: Refers collectively to the SaaS platform, website, applications, tools, call transcription and recording features, and any other services provided by Ever Answer AI.
- “Content”: Refers to any materials, text, information, audio, images, or other media made available through the Services.
3. Use of Cookies
We employ the use of cookies and similar tracking technologies. By using Ever Answer AI’s website and/or Services, You consent to the use of cookies in accordance with our Privacy Policy. Cookies enable Us to enhance functionality, analyze usage, and improve user experience.
4. Intellectual Property Rights
Unless otherwise stated, Ever Answer AI and/or its licensors own the intellectual property rights for all material, software code, and other content provided through the Services. All intellectual property rights are reserved. You may view and/or print pages from our website or platform for Your own personal or internal business use, subject to restrictions set in these Terms and any additional agreements.
You must not:
- Republish, redistribute, sell, rent, or sub-license any material from Ever Answer AI unless content is specifically made for redistribution.
- Reproduce, duplicate, or copy material from the Services without Our express written permission.
- Use our logos, trademarks, service marks, or other branding without prior written permission.
5. User Content and Comments
You may post comments, feedback, or otherwise submit content (“User Content”) as long as it is not illegal, obscene, abusive, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable.
- You must not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content.
- We reserve the right to remove or edit any User Content, in whole or in part, for any reason and without prior notice.
6. Hyperlinking to Our Content
Certain organizations such as government agencies, search engines, news organizations, and online directory distributors may link to Our website without prior written approval.
If you wish to link to Our website beyond what is described above, You must notify Us by sending an e-mail to support@everanswerai.com. We may approve or deny the request at Our sole discretion.
7. iFrames
Without prior approval and written permission, you may not create frames around Our web pages or use other techniques that alter the visual presentation or appearance of Our website or Services.
8. Content Liability
We shall not be held responsible for any content that appears on Your website or in connection with Your use of Our Services. You agree to protect and defend Us against all claims arising from or based upon Your content. No link(s) should appear on any website that may be interpreted as libelous, obscene, defamatory, criminal, or which infringes on or otherwise violates any third-party rights.
9. Reservation of Rights
We reserve the right at any time and in Our sole discretion to request that You remove all links or any particular link to Our website or Services. You agree to immediately remove such links upon request. We also reserve the right to amend these Terms and Our linking policy at any time. By continually linking to Our website, You agree to be bound by and follow these Terms.
10. Use of Services and AI Phone Agents
10.1 License to Use
Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-transferable, revocable license to access and use Our Services for Your internal business purposes. You acknowledge that Your use of Our Services may depend on third-party networks and telecommunications, and We are not liable for any downtime or connectivity issues outside Our reasonable control.
10.2 Client Responsibilities
- Compliance with Laws: You are solely responsible for ensuring that Your use of Our Services (including call transcription, recordings, and AI phone agent interactions) complies with all applicable local, state, national, and international laws and regulations (including privacy and telemarketing laws).
- Consent and Notification: You must obtain and maintain all necessary consents and permissions from Your customers, employees, or other third parties before recording or transcribing any calls or interactions, in accordance with relevant laws.
- Data Accuracy: You are solely responsible for the accuracy, completeness, and legality of any data or content (including call transcripts and recordings) that You submit or store using Our Services.
11. Data Storage, Call Transcripts, and Recordings
By using Our Services to create, store, and manage AI phone agents, call transcripts, and recordings, You agree to the following:
- Storage of Call Data: We store and process call recordings and transcripts on Our servers (or Our third-party cloud service providers) to deliver and improve the Services.
- Retention Period: We reserve the right to determine or modify the retention periods for call transcripts and recordings. We will notify You of any significant changes to Our retention policies.
- Security Measures: We implement commercially reasonable security measures to protect call data, but We cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your data for improper purposes.
- Confidentiality: We will treat Your call transcripts and recordings as confidential and will not disclose them to third parties except as required by law, as necessary to provide the Services, or with Your explicit permission.
- Data Protection and Privacy: Our use of personal data is governed by Our Privacy Policy. You are responsible for providing necessary notices to, and obtaining consents from, individuals whose calls may be recorded or transcribed.
12. Subscription, Cancellation, and Refunds
12.1 Subscription Plans
We offer various subscription plans for Our Services. Each plan outlines the applicable fees, billing terms, and Service features. Details can be found on Our website or by contacting Us directly.
12.2 Billing and Payment
- Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually).
- You agree to pay all applicable fees in accordance with the subscription plan selected.
- If Your payment method fails or Your account is past due, We reserve the right to suspend or terminate Your access to the Services.
12.3 Cancellation Policy
- You may cancel Your subscription at any time, and cancellation will take effect at the end of the current billing cycle.
- If You cancel partway through a billing period, You will retain access to the Services through the end of the paid term, but the subscription will not renew.
12.4 No Refunds
- Subscription fees are non-refundable. There will be no refunds or credits for partial months or years of Service, or for unused months with an open account.
- If You subscribe annually and cancel after a shorter period, You will retain access until the end of the current annual term without renewal.
12.5 Refund Requests
- In exceptional circumstances, if You believe a refund is justified, please contact Us at support@everanswerai.com. All refund requests will be evaluated on a case-by-case basis.
- The decision of Ever Answer AI will be final.
13. Disclaimer of Warranties
To the maximum extent permitted by applicable law, We exclude all representations, warranties, and conditions relating to the Services and the use of this website (including any warranties implied by law in respect of satisfactory quality, fitness for a particular purpose, and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
- Limit or exclude Our or Your liability for death or personal injury resulting from negligence.
- Limit or exclude Our or Your liability for fraud or fraudulent misrepresentation.
- Limit any of Our or Your liabilities in any way not permitted under applicable law.
- Exclude any of Our or Your liabilities that may not be excluded under applicable law.
14. Limitation of Liability
- In no event shall Ever Answer AI be liable for any indirect, incidental, consequential, or punitive damages arising from or in connection with Your use of the Services, including but not limited to loss of profits, loss of data, or interruption of business.
- Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount You have paid to Us within the 6-month period preceding the event that gave rise to the claim.
15. Indemnification
You agree to indemnify, defend, and hold harmless Ever Answer AI and its affiliates, directors, officers, employees, and agents from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or connected in any way with:
- Your breach of these Terms;
- Your use or misuse of the Services;
- Any violation of applicable laws, regulations, or third-party rights in connection with Your use of the Services.
16. Governing Law
Any claim relating to Ever Answer AI’s website or Services shall be governed by the laws of the jurisdiction in which Ever Answer AI is established, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction for the resolution of any disputes.
17. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes and clarifications will take effect immediately upon posting on Our website. You are responsible for regularly reviewing these Terms. Your continued use of the Services after any changes have been posted constitutes Your acceptance of the revised Terms.
18. Contact Us
If You have any questions about these Terms and Conditions, please contact Us at:
Ever Answer AI
support@everanswerai.com
By using Our Services, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions.