Ergova

Terms of Service

The agreement that governs your access to and use of Ergova's platform and services.

Terms of Service

Effective date: January 1, 2025Last updated: July 15, 2026

Summary

These Terms of Service ("Terms") govern access to and use of the Ergova subscription software platform operated by Ergova Technologies, Inc. ("Ergova," "we," "us," or "our"). By creating an account, purchasing a subscription, or using Ergova, you agree to these Terms and our Privacy Policy. If you use Ergova on behalf of a business, you represent that you have authority to bind that business.

Attorney review required

These Terms are a working draft for product and compliance alignment (including Twilio messaging disclosures). All legal provisions—especially liability, indemnification, confidentiality, governing law, termination, and data handling—require review by Ergova counsel before being treated as final.

1. Acceptance of terms

By creating an account, completing checkout for a subscription, inviting users to an organization, or otherwise accessing or using Ergova, you accept these Terms. If you do not agree, do not use the services. We may update these Terms as described in Changes to terms; continued use after an update becomes effective constitutes acceptance of the revised Terms.

2. Description of the service

Ergova is subscription software for home-service and trade businesses. Depending on your plan and configuration, the platform may include tools for scheduling and dispatch, client and contact management, estimates, jobs and work orders, invoicing and payments, customer communications (including SMS and voice where enabled), AI-assisted features, reporting, and integrations with third-party services.

Features available to you depend on your subscription plan, entitlements, and enabled integrations. We may improve, modify, or discontinue features with reasonable notice where practicable. Nothing in these Terms promises features that are not actually made available in your account.

3. Eligibility and authority

To use Ergova, you must:

  • Meet the minimum legal age of majority in your jurisdiction (at least 18)
  • Have authority to bind the business or organization you represent to these Terms
  • Provide accurate, current account and billing information and keep it updated

Ergova is intended for business use. You are responsible for ensuring your use complies with applicable laws and industry rules.

4. Accounts and security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Ergova uses third-party authentication services (currently Clerk) to help manage identity and sign-in. You must use strong credentials, enable available security options where appropriate, and promptly notify us of any suspected unauthorized access or account compromise.

Organization owners and administrators are responsible for authorized users, team access, and deactivating users who should no longer have access. Ergova is not responsible for loss arising from your failure to protect credentials or manage user access appropriately.

5. Organizations, roles, and users

Ergova is organized around company workspaces (organizations). Within an organization, users may be assigned roles such as owner, admin, dispatcher, office staff, technician, or other roles supported by the product. Permissions vary by role and plan.

The customer (organization) is responsible for assigning appropriate permissions, inviting only authorized individuals, and for invited users' use of the platform. Actions taken by users in your organization are treated as actions authorized by that organization.

6. Subscription plans and billing

Ergova is offered as a recurring subscription. Plan prices, included field-technician quantities, additional technician pricing, and available billing intervals (such as monthly or annual) are shown at checkout and on our pricing page and may change over time. Unless otherwise stated at checkout, fees are billed in advance for each billing period through Stripe.

  • Billing interval: You select monthly or annual (or another interval we offer) at signup or when changing plans.
  • Taxes: Prices are generally exclusive of applicable taxes unless shown otherwise. You are responsible for taxes we are required to collect.
  • Plan and quantity changes: Upgrades, downgrades, and changes to technician or seat quantities are handled in-product or via billing management tools. Timing and any proration are as shown when you confirm the change.
  • Payment processor: Platform subscription payments are processed by Stripe. Card and payment-method details are handled by Stripe according to Stripe's terms and privacy policy.
  • Renewal: Subscriptions renew automatically for successive periods of the same length unless canceled before the end of the then-current period.
  • Failed payments: If a charge fails, we may retry, notify you, and suspend or limit access if payment remains outstanding.

Operational billing details—including cancellation mechanics—are also described in our Subscription, Billing & Cancellation Terms. This section does not create a separate refund or trial guarantee. Any trial, promotion, or refund terms apply only if expressly offered at signup or confirmed in writing or in those Billing Terms, or as required by law.

7. Cancellation and termination

Attorney review — data retention & termination

Exact post-termination data retention, export, and deletion obligations should be confirmed against the Privacy Policy, any Data Processing Addendum, and product behavior before relying on this section in customer contracts.

Cancellation by you

You may cancel a subscription through your Ergova account billing settings (or the Stripe customer billing portal where provided). Cancellation is generally effective at the end of the current billing period; you typically retain access to paid features until then, unless we agree otherwise or terminate earlier for cause.

Effect of cancellation or termination

When access ends, paid features may become unavailable. We recommend exporting any data you need before the end of your access period. Handling of remaining data is described in our Privacy Policy and any applicable Data Processing Addendum.

Suspension or termination by Ergova

We may suspend or terminate access (in whole or in part) for nonpayment, security risk, abuse, violation of these Terms or our Acceptable Use Policy, messaging noncompliance, or as needed to protect Ergova, our users, or third parties. We will provide notice where reasonably practicable.

8. Customer data

You and your organization retain responsibility for data you submit to Ergova ("Customer Data"), including information about your own customers, jobs, and operations. You must have lawful authority to collect, upload, and process that data and to instruct Ergova to process it on your behalf.

You are responsible for the accuracy of Customer Data and for providing any notices and obtaining any consents required under applicable law (including for SMS, voice, email, and marketing communications). Ergova processes Customer Data to provide, secure, and support the service as described in these Terms, our Privacy Policy, and any applicable Data Processing Addendum.

9. SMS and voice communications

Businesses using Ergova may send transactional SMS and voice communications to their customers in connection with requested services. The Ergova customer (the business) is responsible for obtaining and documenting legally valid consent before messaging, and for complying with applicable messaging laws, carrier rules, and Twilio's policies.

Messages may include:

  • Appointment confirmations and reminders
  • Scheduling changes
  • Technician ETA or "on my way" updates
  • Estimate notifications and follow-ups
  • Invoice and payment reminders
  • Payment confirmations
  • Customer-support conversations

Message frequency varies. Message and data rates may apply. Recipients can reply STOP to opt out and HELP for assistance (and START to opt back in where supported), consistent with our SMS Consent page and Privacy Policy.

You may not use Ergova to send unlawful, unsolicited, misleading, spam, or otherwise noncompliant messages. You must honor opt-outs promptly. Ergova may suspend or disable messaging access for noncompliance, suspected abuse, or to protect the messaging program.

10. Acceptable use

You agree to use Ergova only for lawful business purposes. Without limiting our Acceptable Use Policy, you must not:

  • Send spam or unlawful marketing communications
  • Harass, threaten, or abuse others
  • Impersonate any person or entity
  • Distribute malware or other harmful code
  • Attempt unauthorized access to accounts, systems, or data
  • Engage in fraudulent payments or billing abuse
  • Scrape, overload, or otherwise abuse the service
  • Upload data without proper rights, notices, or consents
  • Attempt to bypass permissions, role restrictions, or tenant isolation between organizations

We may investigate violations and suspend or terminate access as described in these Terms.

11. AI-assisted features

Ergova may include AI-assisted features that help with operations, drafting, insights, or automation. AI output may be incomplete, outdated, or inaccurate. You must review important outputs before relying on them.

AI recommendations are not professional, legal, accounting, tax, employment, or financial advice. High-risk actions in the product may require confirmation. You remain responsible for final business decisions and for verifying results before acting.

12. Payments and Stripe Connect

Ergova may facilitate subscription billing and customer payment setup through Stripe. Platform subscription charges are processed by Stripe subject to Stripe's terms.

Where enabled, businesses may connect a Stripe Connect account to accept customer invoice or job-related payments. Connected businesses are responsible for their Stripe account, payout settings, tax obligations, customer transactions, refunds they issue, and compliance with Stripe's Connected Account Agreement and applicable payment rules. Ergova does not guarantee that any payment will succeed, clear, or be paid out, and is not a bank or money transmitter.

13. Third-party services

Ergova depends on and may integrate with third-party services. Your use of those services may be subject to their own terms and privacy policies. Providers we use or enable may include, as applicable:

  • Stripe — subscription billing and customer payment processing
  • Twilio — SMS and voice communications
  • Clerk — authentication and identity
  • Supabase — database, storage, and related backend services
  • OpenAI — AI-assisted features when those features are used
  • Vercel — hosting and application delivery
  • Google Maps / related mapping services — address and map features where enabled
  • Other integrations you choose to connect

We are not responsible for third-party outages, changes, or data practices outside our reasonable control. Enabling an integration may involve sharing data with that provider as configured by you. See also our Subprocessors page.

14. Intellectual property

Ergova and its licensors own the software, branding, documentation, and related materials (excluding Customer Data). Subject to these Terms and your subscription, we grant you a limited, non-exclusive, non-transferable right to access and use the service during your active subscription.

You retain ownership of Customer Data you submit. You grant Ergova a limited license to host, process, transmit, and display Customer Data as needed to operate, secure, and improve the service and to fulfill your instructions.

If you provide feedback or suggestions about Ergova, we may use them without obligation or compensation to you.

15. Confidentiality

Attorney review required

Confidentiality scope, exceptions, and duration should be confirmed by counsel for Ergova's B2B SaaS model and any enterprise agreements.

Each party agrees to protect the other party's non-public business, technical, and account information disclosed in connection with the service and to use it only as needed to perform under these Terms. Customer Data is handled as described in the Privacy Policy and any applicable Data Processing Addendum. Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, was independently developed, or is rightfully received from a third party without restriction. Disclosure may also be made as required by law, with notice where legally permitted.

16. Disclaimers

Except as expressly stated in a written agreement signed by Ergova, the services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or free of third-party outages. AI outputs and any beta or experimental features are provided for convenience and may change or be withdrawn. Nothing in this section is intended to contradict specific product commitments we make in writing for your subscription.

17. Limitation of liability

Attorney review — liability cap & language

The following framework is illustrative only. Exact exclusions, carve-outs, and the monetary cap must be approved by counsel and may need to align with insurance and enterprise contracts.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ERGOVA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO ATTORNEY REVIEW AND APPLICABLE LAW, ERGOVA'S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO ERGOVA FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM (OR, IF YOU HAVE PAID NOTHING, ONE HUNDRED U.S. DOLLARS). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Indemnification

Attorney review required

Indemnification scope (including messaging compliance, Customer Data, and IP claims) should be confirmed by counsel before enforcement.

You agree to indemnify and hold harmless Ergova and its affiliates, officers, directors, employees, and agents from and against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the services; (b) your Customer Data; (c) your communications (including SMS and voice) and related consents or opt-outs; (d) your violation of these Terms or applicable law; or (e) your infringement of a third party's rights—except to the extent caused by Ergova's willful misconduct as finally determined by a court of competent jurisdiction.

19. Governing law and disputes

Owner + attorney confirmation required

No governing-law or venue state has been confirmed for publication in the codebase. Do not invent a jurisdiction. Founder and counsel must designate the applicable state (and any arbitration or venue rules) before this section is finalized. Until then, this section is intentionally non-specific.

These Terms will be governed by the laws of the jurisdiction designated by Ergova for its governing-law election once confirmed by counsel, without regard to conflict-of-law principles that would require another jurisdiction's law. Dispute resolution forum, venue, and any arbitration or jury-trial waiver terms will be those approved by Ergova counsel for publication. Nothing in this section requires either party to waive non-waivable consumer or statutory rights.

20. Changes to terms

We may update these Terms from time to time. When we do, we will post the updated Terms on this page and revise the effective date and/or "Last updated" date shown at the top. For material changes, we may also provide notice by email or in-product message where appropriate. Continued use after the effective date of an update constitutes acceptance. If you do not agree, you must stop using the services and may cancel your subscription as described in these Terms and our Billing Terms.

21. Contact

Questions about these Terms:

Ergova Technologies, Inc.