Terms of Service

1. Agreement to Terms

By accessing or using Ergovia AI ("Service"), operated by Ergovia AI ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Description of Service

Ergovia AI is a software-as-a-service (SaaS) platform currently in public beta that provides AI-powered business automation. The Service uses artificial intelligence to automate communication, task management, and operational workflows for business owners across multiple industries.

Features may include, depending on the industry niche:

• AI-driven customer and client communication via WhatsApp, SMS, Telegram, and other messaging channels
• Automated task dispatch, tracking, and follow-up
• Payment and billing reminder systems
• Emergency and priority detection with owner notification
• A web-based control panel for monitoring and management
• Scheduled automations (reminders, alerts, check-ins)

The Service is not limited to any single industry. While our initial deployment serves property management (landlords and vacation rental hosts), the platform is designed to support multiple business verticals. The specific features available to you depend on the industry niche you subscribe to.

3. Beta Disclaimer

The Service is currently offered as a public beta. This means:

• Features may change, be added, or be removed without prior notice
• The AI system is continuously improving and may produce unexpected or imperfect results
• Uptime and performance may vary as we optimize the platform
• By using the beta, you acknowledge that the Service is under active development

Your feedback during the beta period helps improve the platform for all users. We appreciate your understanding as we refine the Service.

4. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You must be at least 18 years old and have the legal authority to enter into this agreement. If you are registering on behalf of a business, you represent that you have the authority to bind that business to these Terms.

5. Subscription and Payment

• The Service is offered on a monthly subscription basis. Pricing varies by industry niche and is displayed at the time of purchase.
• Payments are processed through our third-party payment provider, Paddle.com. Paddle acts as the Merchant of Record for all transactions. By subscribing, you also agree to Paddle's Buyer Terms.
• Your subscription renews automatically each month unless cancelled before the renewal date.
• There are no setup fees, per-unit fees, hidden charges, or long-term contracts.
• All prices are in US Dollars (USD) unless otherwise stated at checkout.
• There is no free trial. All subscriptions are paid from the first month.
• Pricing may change with 30 days' advance notice. Existing subscribers will be notified before any price changes take effect.

6. No Refund Policy

All sales are final. We do not offer refunds, credits, or money-back guarantees.

• You are responsible for evaluating whether the Service meets your needs before subscribing. We provide a demo and product documentation to help you make an informed decision.
• If you cancel, you retain access to the Service until the end of your current billing period. No refund will be issued for the remaining days.
• If you believe you were charged in error, contact us at support@ergovia-ai.com within 7 days of the charge. We will review the matter but are not obligated to issue a refund.
• Chargebacks or payment disputes filed without first contacting us may result in immediate account suspension.

7. Cancellation

You may cancel your subscription at any time through your control panel or by contacting us at support@ergovia-ai.com. Upon cancellation:

• You retain access to the Service until the end of your current billing period.
• No further charges will be made after cancellation takes effect.
• Your data will be retained for 30 days after cancellation, after which it may be permanently deleted.
• You may reactivate your subscription at any time during or after the retention period, though data deleted after 30 days cannot be recovered.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to reverse-engineer, decompile, or extract source code from the Service
• Transmit spam, harassment, threats, or abusive content through the AI communication channels
• Share your account credentials with unauthorized third parties
• Use the Service to collect or store sensitive personal data beyond what is necessary for your business operations
• Misrepresent the AI as a human being in jurisdictions where such disclosure is legally required
• Use the Service to send unsolicited bulk messages in violation of applicable anti-spam laws
• Interfere with or disrupt the Service or servers or networks connected to the Service

We reserve the right to suspend or terminate accounts that violate these Terms, with or without prior notice.

9. AI and Automation Disclaimer

The Service uses artificial intelligence (AI) and large language models (LLMs) to generate responses and automate tasks. You acknowledge and agree that:

• AI is not perfect. Responses generated by the AI may occasionally be inaccurate, incomplete, inappropriate, or unexpected ("hallucinations"). While we employ multiple layers of safety measures including response validation, fact-checking, and content filtering, no AI system is infallible.
• The AI is a tool to assist your business, not a replacement for professional judgment. You should not rely solely on AI-generated communications for critical business decisions, legal matters, financial advice, medical guidance, or emergency situations.
• You are responsible for the accuracy of the information you provide to the system (business details, pricing, policies, contact information, etc.). The AI generates responses based on the data you configure. We are not liable for incorrect information communicated to your customers if the underlying data you provided was inaccurate or outdated.
• AI models and providers may change without notice. We reserve the right to switch between AI providers to maintain quality and reliability. The specific AI technology used is an implementation detail, not a guaranteed feature.
• You are solely responsible for reviewing your AI's performance and adjusting your configuration as needed. We recommend periodically checking conversation logs in your control panel.

10. Communication Channels

The Service sends messages on your behalf through third-party communication channels including but not limited to WhatsApp, SMS (Twilio), and Telegram. You acknowledge that:

• These channels are operated by third parties and subject to their own terms of service and acceptable use policies.
• Message delivery is not guaranteed and may be affected by carrier policies, spam filters, or third-party service outages.
• You are responsible for ensuring your use of automated messaging through the Service complies with all applicable laws in your jurisdiction, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, GDPR, and any local equivalents.
• Phone numbers provisioned for your account through the Service are dedicated to your use but remain the property of the underlying service provider.
• If a communication channel provider suspends or restricts your messaging capabilities due to complaint rates or policy violations, we are not liable for the resulting service disruption.

11. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of data as described therein.

• You retain ownership of all business data, customer information, and conversation content you provide to the Service.
• We do not sell your data to third parties.
• Conversation data may be processed by third-party AI providers for the purpose of generating responses. We select providers with strong privacy practices, but you acknowledge that data transmitted to AI providers is subject to their respective privacy policies.
• We implement industry-standard security measures to protect your data, but no system is 100% secure. We are not liable for breaches beyond our reasonable control.

12. Intellectual Property

• The Service, including all software, algorithms, designs, documentation, and branding, is the intellectual property of Ergovia AI and is protected by applicable copyright, trademark, and trade secret laws.
• You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your active subscription.
• You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

13. Service Availability

• We strive to maintain high uptime but do not guarantee uninterrupted access, especially during the beta period.
• The Service may be temporarily unavailable due to maintenance, updates, AI provider outages, or circumstances beyond our control.
• We will provide reasonable notice of planned downtime when possible.
• In the event of extended unplanned downtime (exceeding 72 consecutive hours), affected subscribers may request a service credit by contacting support@ergovia-ai.com. Credits are issued at our discretion and do not constitute a refund.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

• Ergovia AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, including but not limited to lost revenue, lost customers, missed communications, property damage, or reputational harm.
• Our total aggregate liability for any claims related to the Service shall not exceed the amount you paid us in the 3 months preceding the event giving rise to the claim.
• We are not liable for actions taken or not taken by the AI assistant, including but not limited to incorrect responses, missed messages, or delayed communications.
• We are not liable for any third-party service failures (including but not limited to Twilio, WhatsApp, Telegram, Paddle, or AI providers) that affect the Service.

15. Indemnification

You agree to indemnify, defend, and hold harmless Ergovia AI, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any content or data you provide to the Service
• Any dispute between you and your customers arising from AI-generated communications

16. Termination

We reserve the right to suspend or terminate your account at any time if:

• You violate these Terms
• Your payment fails and remains unresolved for 14 days
• Your use of the Service poses a risk to other users or to the platform
• Required by law or legal process

Upon termination by us for cause, no refund will be issued. If we terminate the Service entirely (discontinuation), active subscribers will receive a prorated refund for the unused portion of their current billing period.

17. Dispute Resolution

• Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation by contacting support@ergovia-ai.com.
• If negotiation fails, disputes shall be resolved through binding arbitration under the rules of the Philippines Alternative Dispute Resolution Act, conducted in English.
• You waive any right to participate in class action lawsuits or class-wide arbitration against Ergovia AI.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of law principles.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the control panel at least 14 days before the changes take effect. Continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you may cancel your subscription before they take effect.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Ergovia AI regarding the Service and supersede all prior agreements and understandings.

22. Contact

For questions about these Terms, contact us at:

Email: support@ergovia-ai.com

Website: https://ergovia-ai.com