Terms of Service

Key Definitions

For clarity throughout this agreement:

• "Company", "us", "our", and "we" refer to Eva Speaks.
• "You", "your", and "user" refer to the individual person or business entity accessing or using our Site or Services
• "Services" means our AI-powered receptionist platform, website, software applications, APIs, and all related features and functionalities
• "Account" means your registered user account that provides access to our Services
• "User Content" means all business information, data, content, and materials that you provide to us or upload to our platform

Important Notice

SECTION 13 OF THESE TERMS CONTAINS MANDATORY ARBITRATION PROVISIONS AND CLASS ACTION WAIVER REQUIREMENTS THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THESE PROVISIONS REQUIRE THAT DISPUTES BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN COURT PROCEEDINGS OR CLASS ACTIONS. PLEASE REVIEW SECTION 13 THOROUGHLY.

BY CONTINUING TO USE OUR SERVICES, YOU AGREE THAT: (1) ANY LEGAL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION, NOT THROUGH COURT LITIGATION OR CLASS ACTION PROCEEDINGS; AND (2) YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS OR JURY TRIALS. YOU HAVE 30 DAYS FROM FIRST ACCEPTING THESE TERMS TO OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE PROCEDURES OUTLINED IN SECTION 13.

1.1 Account Creation

In order to use certain features of our AI receptionist Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form during our guided onboarding process. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) if you're creating an account on behalf of a business entity, you have the authority to bind that organization to these terms.

You may delete your Account at any time, for any reason, by following the instructions on the Site or contacting our support team. Company may suspend or terminate your Account in accordance with Section 8.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.1 License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and Services solely for your own business use in accordance with these Terms.

2.2 Our Services and Platform

Our platform offers businesses an intelligent virtual receptionist powered by advanced AI technology. The service handles inbound telephone calls, schedules appointments, manages customer inquiries, and integrates with your existing business systems like CRMs and calendars. We currently focus on inbound call handling within the United States and support multiple languages to serve diverse customer bases.

You can access our services through our website and platform interface, where you can configure your AI assistant, upload business information, manage integrations, and access analytics and reporting features.

2.3 Service Evolution and Updates

We regularly update our platform with new features, improvements, and optimizations. While we strive to enhance your experience, we may occasionally need to modify or discontinue certain features for technical, business, or regulatory reasons. When significant changes occur that might impact your usage, we'll provide reasonable advance notice through your account (in-platform notifications) or email communications.

2.4 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

• You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services, whether in whole or in part, or any content displayed on the Site
• You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services
• You shall not access the Site or Services in order to build a similar or competitive website, product, or service
• Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means

2.5 Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or Services or any part thereof.

2.6 Service Level and Availability

We work diligently to maintain high service availability, though we cannot guarantee uninterrupted operation. Like all software-as-a-service platforms, our systems may experience occasional interruptions due to scheduled maintenance, software updates, third-party service failures, or other technical challenges. We do not assume responsibility for any service interruptions, regardless of their cause or duration.

3.1 Plan Structure and Pricing

We offer flexible subscription plans with monthly and annual billing options, with current pricing posted on our website. We reserve the right to modify pricing with 30 days' advance notice to existing subscribers. Price changes will take effect on your next renewal cycle, giving you the opportunity to cancel if you don't agree to the increase.

3.2 Payment Terms

Subscription fees are charged in advance based on your selected billing cycle. You must provide complete and accurate billing information, including a valid payment method, and authorize us to charge that method for all applicable fees.

If a payment fails, we'll notify you and provide a reasonable opportunity to update your payment information before any service interruption occurs. You remain responsible for all charges incurred before any account termination or service suspension.

3.3 Refunds and Cancellation

Payments made for our services are non-refundable, except where required by applicable law or as otherwise stated in these terms. You may cancel your subscription at any time, and cancellation will be effective at the end of your current billing period. No prorated refunds will be provided for partial billing periods.

4.1 Our Technology and Brand Rights

Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and Services and their content are owned by Company or Company's suppliers. Neither these Terms (nor your access to the Site or Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1.

4.2 Your Business Content and Data

You retain full ownership of your business information, customer data, and any content you upload to our platform ("User Content"). This includes business details, knowledge base documents, call scripts, customer information, and any other materials you provide to help our AI serve your customers effectively.

By using our services, you grant us a limited, non-exclusive, royalty-free license to use, process, and store your User Content as necessary to operate, maintain, and improve our services. We may also use your data in aggregated or anonymized form for analytics, service improvement, and AI training purposes, as further described in our Privacy Policy.

5.1 User Content Definition

"User Content" means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., business information, data, content, documents, call scripts, knowledge base materials). You are solely responsible for your User Content and assume all risks associated with its use.

5.2 License

You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, solely for the purposes of providing our AI receptionist Services to you.

5.3 Acceptable Use Policy

You agree to use our website and platform for legitimate business purposes related to evaluating and using our AI receptionist Services. You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content that:

• Violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
• Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm
• Is harmful to minors in any way
• Is in violation of any law, regulation, or obligations or restrictions imposed by any third party

In addition, you agree not to:

• Use our platform for any illegal purposes, harassment, discrimination, or fraudulent activities
• Attempt to reverse engineer our software or interfere with our Services
• Use our platform to build competing services without permission
• Make unsolicited marketing calls without proper consent or use our Services for illegal telemarketing
• Upload, transmit, or distribute any malicious software, viruses, or harmful code

6.1 How Our AI Technology Works

Our platform uses sophisticated artificial intelligence and machine learning technologies provided by leading third-party providers. The AI generates responses based on patterns learned from large datasets and your specific business information. While remarkably capable, AI-generated responses are probabilistic in nature, meaning they may not always be perfectly accurate or appropriate for every situation.

6.2 AI Accuracy and Your Oversight Responsibilities

Artificial intelligence technology, while advanced, is not infallible. Our AI-powered receptionist may not always function with complete accuracy or appropriateness. You should implement appropriate oversight and monitoring of AI interactions and not rely solely on AI-generated information for critical business decisions.

6.3 Data Retention and Deletion

We retain your data as necessary to provide our Services and as required by law or legitimate business interests. When your account is terminated, we may delete your account data after a reasonable retention period. You are solely responsible for creating and maintaining backup copies of your data if desired.

6.4 Security and Data Protection

We implement industry-standard security measures to protect your data, including encryption, access controls, and regular security assessments. However, no system can guarantee absolute security. You agree to implement appropriate security practices for your business, including using strong passwords and maintaining secure integration credentials.

7.1 Integration Capabilities

Our platform integrates with numerous third-party services including CRMs, calendar systems, and business applications. You're responsible for managing these connections, including maintaining valid credentials, ensuring compliance with each service provider's terms, and securing your integration settings.

8.1 Ending Your Account

You can terminate your account and stop using our services at any time by following the instructions in your account settings or contacting our support team. Termination becomes effective at the end of your current billing period, and you remain responsible for any charges incurred before termination.

8.2 Suspension vs. Termination

We may suspend your account temporarily for minor violations or payment issues, allowing you opportunity to cure the violation. We may terminate accounts immediately for serious violations including illegal activities, security risks, or repeated policy violations. We'll provide reasonable notice when possible, though immediate action may be necessary to protect our systems and other users.

8.3 When We May End Service

We may suspend or terminate your access to the Services if we reasonably determine that you have violated these Terms or our Acceptable Use Policy, engaged in unlawful or harmful activities, failed to pay required fees after receiving notice, posed a security risk to the Services or other users, or used the Services in a way that could negatively affect our operations, reputation, or other customers. Where practical, we will provide advance notice before taking such action, unless immediate steps are necessary for legal compliance, security, or to prevent harm.

12.1 Service Disclaimers

THE SERVICES ARE PROVIDED BY EVA SPEAKS ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND SYSTEM INTEGRATION.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL CODE OR VULNERABILITIES. FUNCTIONALITY MAY BE LIMITED OR INTERRUPTED BY MAINTENANCE, UPDATES, NETWORK ISSUES, OR FACTORS OUTSIDE OUR CONTROL. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SERVICES OR CONTENT PROVIDED THROUGH YOUR ACCOUNT.

YOU ACKNOWLEDGE THAT THE SERVICES ARE DESIGNED FOR TECHNICAL TELECOMMUNICATIONS PURPOSES ONLY, AND DO NOT INCLUDE ANY LEGAL, MEDICAL, FINANCIAL, OR PROFESSIONAL ADVICE. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY PURPOSE REQUIRING PRECISE OR REAL-TIME COMMUNICATIONS, OR FOR ANY USE CASE WHERE FAILURE COULD RESULT IN DAMAGE OR HARM.

13.1 Governing Law and Jurisdiction

These terms are governed by California state law and applicable federal law. Any legal proceedings that cannot be resolved through arbitration will be conducted in the state or federal courts located in Alameda County, California.

13.2 Informal Dispute Resolution

Before initiating any formal dispute resolution process, including arbitration, both parties agree to attempt to resolve any dispute through good faith informal discussions. You must first contact our support team at [email protected] with a detailed description of the issue. We will work with you to schedule a conference call or video meeting within 30 days to discuss the matter and attempt to reach a mutually satisfactory resolution.

13.3 Arbitration Process

Disputes that cannot be resolved through informal dispute resolution will be settled through binding arbitration conducted in Hayward, California, USA (unless the parties agree to proceed online). The arbitration shall be conducted by a single, neutral arbitrator mutually agreed upon by the parties. All arbitration proceedings will be conducted on an individual basis rather than as part of any class action or group proceeding. You waive any right to participate in class actions, representative proceedings, or collective arbitrations. The arbitrator's decision will be final and binding on both parties.

16.1 Changes

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

16.2 Export Controls

Our services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of United States export laws or regulations.

16.3 Electronic Communications

The communications between you and Company use electronic means. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

16.4 Force Majeure

We're not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, network outages, pandemics, or other force majeure events. During such events, we will make commercially reasonable efforts to minimize service disruptions.

16.5 Age Restrictions

Our platform is designed for business use and is restricted to individuals who are at least 18 years old. We do not intentionally collect personal information from individuals under 18 years of age. If you believe we have inadvertently collected information from someone under 18, please contact us immediately at [email protected].

16.6 Geographic Restrictions

Our services are specifically designed for businesses operating within the United States. All call handling capabilities are currently limited to inbound calls originating from within the United States. Our website and platform are controlled and operated from the United States.

16.7 Beta and Trial Features

We may offer beta features or trial functionality from time to time. These features are provided "as-is" without warranties and may be modified or discontinued at any time. Beta features should not be used for critical business operations.