EverBots Terms of Service

Effective Date: May 1, 2025 | Last Updated: May 1, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

These Terms of Service (“Terms”) govern your access to and use of the services provided by Energy 4 Hope LLC dba EverBots, a Utah company (“EverBots,” “we,” “us,” or “our”), including our website (geteverbots.com), applications, and conversational AI platform (collectively, the “Services”).

By accessing, using, or subscribing to our Services, you (“User,” “you,” “your”) agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refer to that Organization.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

1. Description of Services

EverBots provides a white-label conversational AI platform designed primarily for agencies to offer AI-powered communication services (including voice, chat, SMS, and social media interactions) to their clients ("End-Clients"). Services include access to the platform, AI models, configuration tools, agency dashboards, subaccount management (on applicable plans), and related support.

2. Eligibility and Account Registration

You must be at least 18 years old to use the Services. You agree to provide accurate, current, and complete information during the registration process and keep your account information updated. You are responsible for safeguarding your account password and for all activities that occur under your account.

3. Use of Services

License

Subject to your compliance with these Terms, EverBots grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes or, if you are an agency, for providing services to your End-Clients via designated subaccounts (as permitted by your chosen plan).

Acceptable Use

You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. Prohibited activities include, but are not limited to:

Violating any applicable local, state, national, or international law or regulation.
Transmitting harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable material.
Infringing upon the intellectual property rights of others.
Attempting to gain unauthorized access to the Services, other accounts, or computer systems.
Interfering with or disrupting the integrity or performance of the Services.
Using the Services to transmit spam, unsolicited messages, or engage in excessive or abusive calling/messaging practices.
Misrepresenting your identity or affiliation.

Agency Responsibilities

If you are an agency using the Services on behalf of End-Clients:

You are responsible for your End-Clients' compliance with these Terms.
You must have appropriate agreements in place with your End-Clients governing their use of the Services provided through your account.
You are responsible for all activities, usage charges, and data associated with your subaccounts.

4. Fees, Payment, and Usage

Subscription Fees

You agree to pay the applicable subscription fees for the plan you select, as listed on our website or agreed upon separately. Fees are typically billed monthly or annually in advance.

Usage Fees

In addition to subscription fees, certain Services incur usage-based charges, primarily for AI interaction time (e.g., voice calls, chat processing). The current rate for AI interaction usage is $0.07 USD per minute, unless otherwise specified for your plan. Other usage fees (e.g., telephony, SMS messages, email overages beyond plan limits) may also apply based on standard platform rates. Usage fees are billed periodically (e.g., monthly) in arrears or as usage occurs.

Payment

You authorize EverBots (or its third-party payment processor) to charge your chosen payment method for all applicable fees. All fees are non-refundable except as expressly stated in our Refund Policy (see Section 5).

Taxes

You are responsible for all applicable taxes associated with your purchase and use of the Services, excluding taxes based on EverBots' net income.

Price Changes

We reserve the right to change our subscription fees or usage rates upon reasonable prior notice (e.g., 30 days).

5. Term, Termination, and Refunds

Term

These Terms commence upon your acceptance and continue until terminated by either party. Subscription plans typically renew automatically unless canceled prior to the renewal date.

Termination by You

You may terminate your account and subscription at any time through your account settings or by contacting support at [email protected]. Termination will be effective at the end of your current billing cycle.

Termination by EverBots

We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Effect of Termination

Upon termination, your right to use the Services will cease immediately. You will remain liable for all fees incurred up to the date of termination, including any outstanding usage charges.

Refund Policy

We offer a 14-day money-back guarantee on your first subscription payment for a new plan. If you are unsatisfied with the Service within the first 14 days of your initial subscription activation, you may request a full refund of the subscription fee paid by contacting [email protected]. This refund guarantee applies only to the subscription fee and does not cover any incurred usage costs (e.g., AI interaction minutes, telephony, SMS) or fees for add-on services, which are non-refundable. Refunds are processed at our discretion and typically issued back to the original payment method.

6. Intellectual Property

Our IP

The Services, including the underlying software, AI models, platform design, content (excluding User Content), trademarks, and logos, are and will remain the exclusive property of Energy 4 Hope LLC and its licensors.

Your Content

You retain ownership of any data, information, or material you upload or provide to the Services (“User Content”). You grant EverBots a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content solely to the extent necessary to provide, maintain, and improve the Services, including training our AI models. You are solely responsible for the accuracy, legality, and appropriateness of your User Content.

Feedback

Any feedback, comments, or suggestions you provide regarding the Services is entirely voluntary, and we will be free to use such feedback without any obligation to you.

7. Confidentiality

You agree to keep confidential any non-public information disclosed by EverBots related to the Services. EverBots agrees to keep your User Content confidential, subject to the terms of our Privacy Policy and applicable law.

8. Privacy and Data

Our collection and use of personal information in connection with the Services are described in our Privacy Policy, available at [Link to Your Privacy Policy Page]. You agree to the terms of the Privacy Policy.

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVERBOTS DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USE OF AI IS INHERENTLY PROBABILISTIC, AND EVERBOTS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR OUTPUT GENERATED BY THE AI FEATURES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERBOTS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EVERBOTS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID EVERBOTS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless Energy 4 Hope LLC dba EverBots and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted on the Service.

12. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Salt Lake County, Utah, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect.

13. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

14. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and EverBots regarding our Service and supersede any prior agreements.
Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
Notices: Any notices or other communications provided by EverBots under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Energy 4 Hope LLC dba EverBots
11882 S Pond Ridge Drive
Draper, UT 84020
Email: [email protected]