Everaide Terms of Service
Version and effective date: stated in the page header and in the release record for this document
1. Who we are and who may use Everaide
Everaide is provided by Mawlawi Tech Solutions LLC, a Texas limited liability company ("Everaide", "we", "us"). Contact: support@geteveraide.com; our postal correspondence address is provided on request to that address.
These Terms govern the organization or sole proprietor acting for business purposes identified in your accepted order or account registration ("Customer", "you"). If you operate as a sole proprietor, you contract in your own legal name and identified trading name. Eligible US-based organizations of different industries and sizes may register, including professional practices, pharmacies, healthcare providers, schools, trades and enterprises. Registration permits evaluation and eligible use; it does not certify approval for regulated or confidential workflows. The person accepting represents that they have authority to bind that organization and are at least 18 years old. This service is for organizational purposes, not personal or household subscriptions. You must accurately identify the customer and intended use. Public entities and schools requiring procurement terms must complete that process before regulated data is processed; an employee's account registration does not override restrictions on their contracting authority.
Your agreement comprises these Terms, the Acceptable Use Policy, Refund and Cancellation Policy, Data Processing Addendum, the Calling Addendum and Owner SMS Terms when their features are enabled, and any applicable signed order or sector-specific addendum. Mandatory transfer clauses prevail within their scope; next the DPA for data processing; then an expressly negotiated signed order or addendum within its subject matter; then these Terms and incorporated policies. A purchase order changes these terms only if we expressly agree in writing. The Privacy Notice explains our practices; it is not a request for blanket consent.
1.1 US launch eligibility
Everaide currently accepts business customers whose principal place of business is within the supported United States service area. You must provide accurate business-location information and notify us of relevant changes. Non-US organizations are not currently eligible to register, start a trial or activate paid/live service. A US registered-agent address, incorporation, telephone number or payment method alone does not establish eligibility. We may request proportionate evidence, review conflicting information and decline unsupported use. Eligibility concerns the customer business, not an individual's citizenship.
If we discover that an account is ineligible, we may restrict new or affected service and arrange an orderly suspension or termination under these Terms, including applicable notice, refund and data-handling obligations. This restriction does not waive anyone's mandatory rights or remove obligations relating to information already processed.
2. The service and its limits
Everaide provides AI-assisted call answering using customer-provided information, message and callback-request taking, appointment workflows, optional owner SMS alerts and, where separately enabled, outbound AI voice campaigns, including marketing campaigns subject to the Calling Addendum. Availability depends on your accepted plan, configuration, supported country and approved use. You must keep knowledge and contact information accurate and test the assistant before directing callers to it.
AI responses, transcripts and summaries can be inaccurate or incomplete. Review important information and maintain appropriate human oversight and an alternative contact method. The service is not an emergency line, medical or legal professional, or a system for deciding eligibility for education, employment, credit, housing or other consequential benefits. Do not advertise that it replaces those services.
Calls involve third-party telephony and AI providers described in the Subprocessor List. We do not promise uninterrupted service, perfect answers, universal language support, or a particular business outcome. This does not remove the service commitments or remedies in section 8 or rights that cannot be excluded.
Passages from your uploaded documents may be sent to our AI providers, listed on the Service Providers page, to answer calls. When you test a question in the app, your question and matching passages from your documents are sent to our AI provider to produce the answer.
3. Accounts and users
You control authorized users and must protect access credentials, remove access when staff leave, and notify us promptly of suspected compromise. We distinguish owners and members. Only a properly authorized person may accept new organizational commitments or make changes reserved to owners. You are responsible for authorized use and for reasonable security on your devices, not for failures attributable to us.
Do not share API keys, bypass access controls or access another organization's information. We may request reasonable evidence of identity, organization authority or an approved use when needed for security or compliance.
4. Fees, renewal and cancellation
The order/checkout shown before purchase states the plan, currency, billing interval, subscription price, included usage, overage rate and applicable taxes. Save that order with your acceptance receipt. We will not apply a different undisclosed overage rate to an already accepted billing period. Usage is measured according to the metering explanation displayed before purchase. Included unused minutes expire at the end of their billing period unless your order states otherwise.
Subscriptions renew monthly until cancelled unless a signed order expressly provides a different term. There is no minimum commitment or cancellation fee for the standard monthly plan. A trial does not itself authorize a paid charge; the paid checkout requires separate authorization. We may invoice valid accrued overages after cancellation and will provide an itemized billing record.
You can cancel through the billing portal or contact support if it is unavailable. Ordinary cancellation stops renewal and preserves paid service through the end of the paid period. The first-month guarantee and its different service-ending timing are described in the incorporated Refund and Cancellation Policy. We will confirm the cancellation date, final billing treatment and phone-number consequences.
We will email the account owner at least 30 days before a price increase. It takes effect only at a renewal after that notice period. You may cancel before the new price applies. We do not increase the price of a period already paid for.
We will notify you of payment failure. If a valid amount remains unpaid 10 days later, we may suspend paid service; after 30 days we may terminate, subject to any mandatory notice requirements. Raise billing errors promptly so we can investigate. We will not automatically charge disputed damages or legal indemnity claims to your saved payment method.
5. Your content and our permission to process it
You retain your rights in uploaded documents, scripts and other customer content. You grant us a limited permission to host, copy, transmit, retrieve and process that content only to provide, secure and support the contracted service, comply with law and carry out your documented instructions. Personal-data processing is governed by the DPA. You must have the necessary rights and permissions to provide content and contact data.
We do not acquire ownership of your documents. To the extent we own rights in outputs generated for you, we assign those rights to you, subject to applicable third-party rights. AI output may not be exclusive or protectable; you must review its use. Feedback is voluntary; permission to use product suggestions does not authorize reuse of confidential customer content or personal data.
You may not use the service to train a competing model from protected supplier outputs in breach of applicable rights or the AUP. We retain ownership of the Everaide software, branding and service infrastructure.
6. Privacy, calling and restricted use
The DPA describes instructions, safeguards, subprocessors, international transfers, requests and deletion. You are responsible for a lawful basis and required notices for customer-controlled processing, including caller information, contact lists and recordings. We remain responsible for obligations applicable to us; your acceptance does not waive a caller's rights or make the caller a party to these Terms.
Before outbound activation, an authorized owner must accept the Calling Addendum and complete the applicable country/use checks. Consent to use our app is not consent to receive calls. Do not disable, contradict or obscure AI identification, recording notices, opt-out mechanisms or caller identification. Voicemail messages remain unavailable unless separately approved and technically supported.
Student education records, children-directed services, health information requiring a BAA or other health-data safeguards, confidential legal matter processing, biometric identification and other sensitive or regulated uses require a separately approved arrangement and supported controls. For patient-facing services, appointment information may itself be protected health information. A law-firm account does not establish permission to disclose client information or guarantee privilege. Do not upload such data before that approval. Notify us promptly if restricted data is provided unexpectedly so we can assist with appropriate containment and handling.
6.1 Optional owner SMS alerts
The Owner SMS Terms apply if you separately enroll your own mobile number. The program provides account and business-line notifications, including enabled appointment and callback alerts. It does not send marketing texts to your callers or turn an imported campaign list into SMS subscribers. SMS enrollment is optional and separate from accepting these Terms. Outbound AI voice marketing requires its own permissions and controls.
7. Confidentiality
Each party will protect the other's non-public business information with reasonable care, use it only for the agreement, and disclose it only to people and providers who need it and are bound by appropriate confidentiality duties. This does not cover information independently developed, rightfully received without restriction, or public without breach. Compelled disclosure is limited to what is legally required, with notice where permitted. Personal-data duties continue under the DPA regardless of these exceptions.
8. Service commitment and remedies
We will provide the service with reasonable skill and care and substantially as described in the accepted order. Report a material failure promptly. We will investigate and use reasonable efforts to correct it. If we cannot remedy a material failure within a reasonable time, you may terminate the affected service and receive a refund for prepaid service not delivered. Mandatory remedies and the first-month guarantee remain available.
No contractual uptime percentage or service-credit schedule applies unless included in a signed order. To the extent legally permitted, other implied warranties are excluded. This clause does not disclaim reasonable skill and care where legally required or liability that cannot lawfully be excluded.
9. Liability
Subject to the exceptions below, each party's aggregate liability arising from this agreement is limited to the greater of fees paid or payable for the affected service during the 12 months preceding the first event giving rise to the claim and USD 500. Neither party is liable for indirect or consequential loss, lost profits or lost business opportunities to the extent those exclusions are lawful. Direct, reasonable data-restoration costs are not excluded merely because they relate to data.
These limits do not exclude or limit fraud, wilful misconduct, gross negligence where not lawfully limitable, death or personal injury caused by negligence where exclusion is prohibited, or other non-excludable obligations. They do not reduce data subjects' rights or liabilities under mandatory transfer clauses. Payment of properly due service fees is not excused by a liability cap. Regulatory fines are allocated only to the extent the law permits.
10. Third-party claims
To the extent permitted by law, you will defend us against third-party claims caused by your unlawful content, lack of required recipient permissions or deliberate circumvention of service safeguards, and pay covered amounts finally awarded or agreed in an approved settlement. This duty excludes the portion caused by our breach, negligence or misconduct. It is subject to section 9 unless a signed order clearly provides otherwise.
We will give prompt notice, reasonable cooperation and control of the defense to qualified counsel reasonably acceptable to us. No settlement may admit fault, impose a non-monetary obligation or leave a protected party unreleased without that party's written consent. If a defense is not undertaken after reasonable written notice, we may defend and seek reasonable recoverable costs. This does not authorize a card charge. A public body's obligations apply only to the extent it has lawful authority to undertake them.
11. Suspension, termination and data
Either party may terminate for a material breach not cured within 15 days of written notice where cure is possible. We may immediately restrict activity that presents a security threat, unlawful calling, serious misuse or a binding supplier/legal requirement. Restrictions will be proportionate where practicable, with explanation and a route to challenge them unless prohibited or unsafe.
If we discontinue the service, we will ordinarily give at least 60 days' notice and refund unused prepaid service. If we terminate without customer breach, we refund unused prepaid fees for the terminated service. Customer-breach termination does not erase non-waivable refund rights.
At service end, calls stop and the assigned phone number may be released according to the confirmed closure schedule. We currently do not promise number portability. Review forwarding and public contact information before closure. You may request an export for 30 days after termination through the supported export/support process; this does not extend calling service or authorize additional processing. Data return, deletion, restricted retained records and backup expiry follow the DPA and verified retention schedule.
12. Changes, law and notices
Material changes to these Terms require at least 30 days' notice to the owner unless an urgent legal/security reason requires earlier action. We will explain that exception. Where fresh acceptance is required, we will obtain it; we do not backdate acceptance. If you reject a material change, you may end the affected service before it takes effect and receive any refund promised for unused prepaid service. Privacy changes cannot retrospectively authorize incompatible data use.
Texas law governs this agreement except where mandatory law or an applicable signed public-sector schedule requires otherwise. The state courts located in Fort Bend County, Texas, and the United States District Court for the Southern District of Texas have jurisdiction, subject to mandatory law and the transfer clauses. These Terms contain no mandatory arbitration or class-action waiver. Nothing restricts complaints to regulators or rights of people who are not parties to this agreement.
Notices go to the account owner's current email and our stated legal contact. Neither party may assign the agreement to avoid obligations; assignment to a successor requires notice and appropriate safeguards. If a provision is unenforceable, the remaining provisions continue where lawful. Failure to enforce once is not a waiver. Sections intended to survive, including accrued payment, confidentiality, restricted data handling and applicable liability provisions, survive termination.