Terms of Service

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.

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.

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.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Ergova uses third-party authentication providers 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.

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.

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: Fees are exclusive of applicable taxes unless otherwise stated at checkout or on an invoice. You are responsible for applicable taxes associated with your purchase or use of the Services, except taxes based on Ergova's net income.
• 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.

Cancellation by you

You may cancel a subscription through your Ergova account billing settings (Settings → Billing → Manage billing), which opens the Stripe customer billing portal. Cancellation timing—including whether the subscription ends immediately or at the end of the current billing period—is shown in the Stripe portal when you confirm. In the ordinary course, canceling stops future renewal, and access to paid features continues through the already-paid period when the portal is configured for end-of-period cancellation, consistent with our Subscription, Billing & Cancellation Terms.

Effect of cancellation or termination

When your access ends, paid features may become unavailable, and continued access to the Services or to Customer Data through Ergova is not guaranteed. You should export any Customer Data you need before your access ends. Retention, deletion, backup, and export of Customer Data after termination are governed by our Privacy Policy, any applicable Data Processing Addendum, and applicable law. Ergova may retain Customer Data where legally required or reasonably necessary for fraud prevention, security, dispute resolution, enforcement of these Terms, or legitimate recordkeeping.

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.

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 and its service providers may process Customer Data as necessary to provide, secure, maintain, support, operate, and improve the Services in ways consistent with these Terms, our Privacy Policy, and any applicable Data Processing Addendum. Customer Data is not available for unrelated use outside that framework. Operating, securing, supporting, and improving the Services is not the same as using Customer Data to train general-purpose AI models; that topic is governed by the Privacy Policy and any additional written agreement of the parties.

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 the policies of our communications providers.

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.

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 Services
• 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.

Ergova may include AI-assisted features that help with operations, drafting, insights, or automation. AI-generated outputs may be inaccurate, incomplete, outdated, or inappropriate for a particular situation. You are responsible for reviewing important outputs before relying on them.

Ergova does not provide legal, tax, accounting, employment, safety, or other regulated professional advice through AI features. AI recommendations are not a substitute for professional judgment. Certain higher-risk or customer-facing actions initiated through AI-assisted product features may require explicit confirmation before they are carried out. You remain responsible for final business decisions and for verifying results before acting.

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. Where Stripe Connect is used for customer payments, payment processing and payouts are handled through Stripe; Ergova does not itself hold those customer funds.

Ergova depends on and may integrate with third-party service providers, subprocessors, payment processors, communications providers, hosting providers, AI providers, and integration partners. Your use of those services may be subject to their own terms and privacy policies. A current list of subprocessors is maintained on our Subprocessors page.

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. References to Stripe elsewhere in these Terms apply specifically to subscription billing, payment processing, and Stripe Connect where those features are used.

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 Services 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 provide, secure, maintain, support, operate, and improve the Services in ways consistent with these Terms, the Privacy Policy, and any applicable DPA, and to fulfill your instructions. Customer Data is not available for unrelated use outside that framework.

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

Each party agrees to protect the other party's non-public business, technical, and account information disclosed in connection with the Services 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.

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, without errors, or without 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERGOVA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERGOVA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO ERGOVA FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF NO SUCH FEES WERE PAID OR PAYABLE DURING THAT PERIOD, ERGOVA'S AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY; IN THOSE CASES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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 Customer Data; (b) your violation of these Terms, the Acceptable Use Policy, or the Billing Terms; (c) your unlawful or unauthorized use of the Services; (d) your communications (including SMS and voice) and related consents or opt-outs; (e) your infringement or violation of a third party's rights; or (f) fraud or misuse caused by you or your users—except to the extent caused by Ergova's willful misconduct as finally determined by a court of competent jurisdiction.

These Terms will be governed by applicable law without regard to conflict-of-law principles that would require application of another jurisdiction's law. Any dispute arising out of or relating to these Terms or the Services may be brought in a court of competent jurisdiction, and each party consents to the personal jurisdiction of such courts. Nothing in this section requires either party to waive non-waivable consumer or statutory rights. These Terms do not impose mandatory arbitration or a class-action waiver.

If there is a conflict among documents that form part of your agreement with Ergova, the following order of precedence applies, with the earlier item controlling only for the subject matter it expressly addresses:

1. A mutually signed Order Form or enterprise agreement, but only for provisions it expressly overrides
2. The Data Processing Addendum, for data-protection matters concerning Customer Personal Data processed on your behalf
3. These Terms of Service
4. Incorporated operational policies: Acceptable Use Policy and Subscription, Billing & Cancellation Terms

Our Privacy Policy describes how Ergova handles personal information and remains applicable as a privacy notice. It is not, by itself, an additional contractual warranty merely because it is linked from these Terms. Processor obligations for Customer Personal Data are addressed in the applicable DPA.

For purposes of this section, the "Agreement" means the documents that form your contract with Ergova as described in Section 20.

Assignment

You may not assign or transfer the Agreement without Ergova's prior written consent, except where applicable law requires otherwise. Ergova may assign the Agreement in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets related to the Services, or an equivalent business transaction.

Severability

If any provision of the Agreement is held unenforceable, the remaining provisions remain in effect. The unenforceable provision will be modified only to the minimum extent necessary to make it enforceable, where permitted by law.

Waiver

Failure to enforce any provision of the Agreement is not a waiver of the right to enforce that provision or any other provision later.

Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, internet or infrastructure outages outside its reasonable control, war, terrorism, labor disputes, government action, or widespread service-provider failures. This section does not excuse payment obligations already due, confidentiality violations, or intentional misconduct.

Relationship of the parties

The parties are independent contractors. The Agreement does not create a partnership, joint venture, employment, agency, or franchise relationship.

Entire agreement

The agreement between the parties consists of any mutually signed Order Form or enterprise agreement, the applicable DPA (where it applies), these Terms, and the incorporated operational policies listed in Section 20, subject to that section's order of precedence. Informational pages on ergova.co are not contractual merely because they are linked, except as expressly incorporated above or in a mutually signed writing.

Survival

Provisions that by their nature should survive termination continue to apply, including accrued payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing-law and general provisions.

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.

Questions about these Terms:

• Legal: legal@ergova.co
• Support: support@ergova.co

Ergova Technologies, Inc.

Please also review the following. The Acceptable Use Policy and Billing Terms are incorporated as described in Section 20. The Privacy Policy is a privacy notice. The DPA applies to applicable Customer Personal Data processing. Subprocessors and SMS Consent provide operational disclosures:

• Privacy Policy
• Subscription, Billing & Cancellation Terms
• Acceptable Use Policy
• Data Processing Addendum
• Subprocessors
• SMS Consent