Terms of Service

By accessing or using the services provided by Ergova Technologies, Inc. ("Ergova," "we," "us," or "our"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use our services. We may modify these Terms as described in the "Changes to terms" section; continued use after changes constitutes acceptance.

You must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. Our services are intended for business use; you are responsible for ensuring your use complies with applicable laws.

Ergova provides an AI-powered operations platform for home service and trade businesses, including but not limited to scheduling, dispatch, job management, invoicing, payments, customer communication, and analytics. Specific features and service levels depend on your subscription plan. We may update, add, or discontinue features with reasonable notice where practicable.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorized access. Organization administrators are responsible for managing user access and ensuring that their users comply with these Terms. We are not liable for loss or damage arising from unauthorized use of your account due to your failure to protect credentials.

You agree to use our services only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy. You may not use the services to violate any applicable law, infringe others' rights, transmit harmful or malicious content, abuse or overload our systems, or attempt to gain unauthorized access. We may suspend or terminate access for violation. See our Acceptable Use Policy for full details.

You retain ownership of data you submit to the services ("Customer Data"). You grant us a limited license to use, store, and process Customer Data as necessary to provide and improve our services and as set forth in our Privacy Policy and Data Processing Addendum (where applicable). You are responsible for ensuring you have appropriate rights to provide Customer Data and that it does not violate any third-party rights or laws. We will handle Customer Data in accordance with our security and privacy commitments.

Our platform may include AI-powered features (e.g., scheduling suggestions, insights, automation). AI outputs are provided for informational and operational support only. They may require human review and should not be relied upon as the sole basis for decisions. You remain responsible for your operational decisions and for ensuring that your use of AI features complies with applicable law and your own policies. We do not guarantee the accuracy, completeness, or suitability of AI-generated content.

Our services may allow you to connect third-party applications or services. Your use of such integrations is subject to the third party's terms and policies. We are not responsible for third-party services or their data practices. Enabling an integration may involve sharing data with that provider as configured by you.

Fees for your subscription are as set forth in your order or on our pricing page. You agree to pay all fees when due. Unless otherwise stated, fees are billed in advance (e.g., monthly or annually). Payment terms, taxes, and currency are as specified at signup. We may change fees with notice; continued use after the effective date of a fee change constitutes acceptance. Additional terms for subscriptions, billing, and cancellation are in our Subscription, Billing & Cancellation Terms.

Your subscription runs for the initial term selected at signup (e.g., monthly or annually) and will renew automatically for successive periods of the same length unless you cancel before the end of the current period. You can cancel as described in our Billing Terms. Failure to cancel before renewal does not entitle you to a refund for the renewed period.

We may suspend or terminate your access to the services (in whole or in part) for nonpayment, violation of these Terms or our Acceptable Use Policy, or to protect the security or integrity of our services or others. We will provide notice where reasonably practicable. You may terminate your account at any time through your account settings or as described in our Billing Terms. Upon termination, your right to use the services ceases. We may retain data as described in our Privacy Policy and DPA.

Each party agrees to keep confidential the other party's confidential information and to use it only for purposes of performing under these Terms. Confidential information includes non-public business, technical, and product information. It does not include information that is publicly known, independently developed, or rightfully received from a third party without restriction. We may disclose your information as permitted by our Privacy Policy or as required by law.

We own all right, title, and interest in our services, technology, and materials (including our name, logos, and content), subject to the limited license we grant you to use the services. You do not acquire any ownership rights by using the services. You may not copy, modify, distribute, or create derivative works of our technology or content except as expressly permitted by these Terms or with our prior written consent.

If you provide feedback, suggestions, or ideas about our services, we may use them without obligation to you. You grant us a perpetual, royalty-free, worldwide license to use and incorporate such feedback into our products and services.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU USE THE SERVICES AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ERGOVA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR, IF GREATER, ONE HUNDRED U.S. DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless Ergova and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the services, your violation of these Terms, your violation of any law or third-party right, or your Customer Data. We will notify you of any such claim and cooperate in the defense at your expense.

We may modify these Terms from time to time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date, or by email or in-app notice where appropriate. Your continued use of the services after the effective date of changes constitutes acceptance. If you do not agree, you must stop using the services and may cancel your subscription as described in our Billing Terms.

For questions about these Terms, contact us at Ergova Technologies, Inc., legal@ergova.co.