Terms of Service

By accessing or using any part of the Evergreen AI platform, website, or related services (collectively, the "Services"), you agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a business entity, you represent that you have the authority to bind that entity, and references to "you" in these Terms refer to that entity. If you do not agree to these Terms, you may not access or use the Services.

Evergreen AI provides AI-powered call answering and intake tools for service businesses. The Services may include:

• AI voice responses to inbound calls
• Lead capture and caller intake
• Appointment request collection and scheduling support
• Call summaries and transcripts
• Dispatch notifications or routing based on your settings
• Dashboard and CRM tools depending on plan
• Optional third-party integrations

Some plans or custom arrangements may include CRM, SMS, reporting, or customer-management features without AI voice calling. The specific features available to you depend on your selected plan as described on our pricing page.

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Services at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes that may impact your business operations.

Submitting a trial request does not guarantee approval or immediate activation. Live AI call handling is not active until Evergreen AI reviews and activates your account.

We may reject, suspend, delay, or limit activation at our discretion, including but not limited to:

• Incomplete or inaccurate business information
• Businesses operating in unsupported industries or regions
• Suspected fraudulent, misleading, or high-risk activity
• Failure to meet our verification requirements
• Use cases that violate these Terms or applicable law

We will notify you by email if your trial request is approved, rejected, or requires additional information.

You must be at least 18 years old and able to enter into a binding agreement to create an account or use the Services on behalf of a business.

To access the Services, you must create an account and provide accurate, complete, and current information. You agree to:

• Provide accurate business name, contact information, service area, services offered, hours, and any pricing or booking rules used by the AI.
• Keep your business, billing, contact, and emergency escalation information up to date at all times.
• Review AI scripts and settings before enabling live call handling.
• Monitor call summaries, transcripts, leads, and booking requests on an ongoing basis.
• Maintain the confidentiality of your account credentials and not share them with unauthorized parties.
• Be solely responsible for all activities that occur under your account.
• Be responsible for the quality of service delivered to your own customers.
• Notify us immediately at teamevergreenai@gmail.com if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate accounts that provide false information, engage in fraudulent activity, or violate these Terms.

The Services use artificial intelligence and automated voice technology. You acknowledge that:

• AI may misunderstand callers, names, addresses, service details, urgency, dates, or intent.
• AI-generated responses, call summaries, transcripts, lead scoring, and routing decisions may be incomplete, inaccurate, or inappropriate for certain situations.
• You are responsible for reviewing important information and following up with callers directly.
• Evergreen AI does not guarantee that every call will be answered, captured, booked, converted, or routed correctly.
• Evergreen AI does not guarantee revenue, ROI, booked jobs, customer satisfaction, or any specific business results.

You remain responsible for the quality, accuracy, and safety of service delivered to your customers.

Evergreen AI is not an emergency service.

The Services are not intended for 911 calls, life-safety decisions, medical emergencies, legal emergencies, financial emergencies, or any situation where real-time human judgment is required to protect the safety of any person.

• You must maintain your own emergency response processes and backup contact methods independent of the Services.
• You are solely responsible for deciding how urgent and emergency calls are handled within your business.
• Do not rely on the Services as your only method for receiving or responding to time-sensitive or life-safety situations.

Evergreen AI is not liable for any harm arising from reliance on AI call handling in emergency or safety-critical situations.

You are solely responsible for complying with all applicable laws and regulations governing your use of the Services, including but not limited to:

• Call recording and wiretapping laws in all applicable federal, state, and local jurisdictions.
• Telephone Consumer Protection Act (TCPA) and equivalent telemarketing and automated calling regulations.
• SMS messaging, automated text messaging, and outbound text communications, including compliance with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles, carrier requirements, and opt-out/STOP requirements for any contacts who have withdrawn consent.
• Caller consent requirements, including any notices required before recording or automated handling.
• Privacy laws applicable to your business and your customers.
• Industry-specific regulations applicable to your trade or profession.

Customers are responsible for obtaining and maintaining all required consents for SMS and text communications sent through the Services. Evergreen AI may block, suppress, or refuse delivery of messages to contacts who have opted out or where messaging may violate applicable law or carrier rules.

You are responsible for informing us of any disclosures, scripts, or consent language required for your business. Evergreen AI does not provide legal advice and does not guarantee that the Services, as configured, comply with the laws applicable to your specific business or jurisdiction.

You agree to obtain any required consents from callers and customers, and you indemnify Evergreen AI against any claims arising from your failure to do so.

Subscription fees are billed on a recurring basis (monthly or annually, depending on your selected plan) and are due in advance. By providing payment information, you:

• Authorize us to charge all fees incurred through your account to your designated payment method.
• Agree that fees are non-refundable except as required by applicable law or as expressly stated in our refund policy.
• Acknowledge that failure to pay may result in suspension or termination of your access to the Services.

We will notify you at least 7 days before any price increase takes effect. Continued use of the Services after a price change constitutes acceptance of the new pricing.

Usage limits, included AI conversation minutes, overage handling, and plan features are described on the pricing page, checkout page, account dashboard, or applicable order form. Spam calls, robocalls, or blocked marketing calls may be excluded from usage when detected before an AI conversation begins, subject to system limitations.

You may cancel your subscription at any time through your account dashboard or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to the Services through the end of the period you have paid for.

There are no cancellation fees or exit penalties. We do not issue pro-rated refunds for cancellations mid-billing-period unless required by applicable consumer protection law.

We may retain certain account data as described in our Privacy Policy and as required for legal, billing, security, or operational purposes.

Our Intellectual Property: The Services, including all software, algorithms, AI models, designs, text, graphics, logos, and other content provided by Evergreen AI, are owned by Evergreen AI and are protected by United States and international copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes during the term of your subscription.

Your Content: You retain ownership of all data, business information, and content you provide to the Services ("Customer Data"). By using the Services, you grant Evergreen AI a limited license to process, store, and use Customer Data solely to provide, maintain, secure, support, and improve the Services as described in our Privacy Policy.

Restrictions: You may not copy, modify, reverse engineer, decompile, disassemble, or create derivative works based on the Services or any portion thereof. You may not use our trademarks, logos, or brand assets without prior written permission.

You agree not to use the Services to:

• Engage in any unlawful activity, including violations of telemarketing, call recording, or privacy laws applicable in your jurisdiction.
• Mislead, harass, impersonate, or deceive callers or third parties.
• Transmit spam, unsolicited communications, or automated calls in violation of the TCPA or equivalent regulations.
• Engage in fraud, phishing, identity theft, or misrepresentation.
• Make emergency or life-safety decisions using AI responses as a substitute for human judgment.
• Attempt to gain unauthorized access to any part of our infrastructure or other users' accounts.
• Introduce malware, viruses, or other harmful code into the Services.
• Reverse engineer, decompile, or attempt to extract source code or AI model parameters from the Services.
• Resell, sublicense, or white-label the Services without prior written permission from Evergreen AI.
• Use the Services in a manner that places an unreasonable burden on our infrastructure.

You are responsible for ensuring that your use of the Services complies with all applicable federal, state, and local laws.

We use commercially reasonable efforts to keep the Services available, but we do not guarantee uninterrupted or error-free operation. The Services may be unavailable due to:

• Scheduled maintenance (we will provide advance notice where possible)
• Emergency maintenance required to address security or stability issues
• Force majeure events, including outages from third-party infrastructure providers
• Events outside our reasonable control

The delivery of AI voice responses, call handling, SMS messages, and related communications depends on third-party telephony, messaging, and AI infrastructure, including voice and SMS providers, that is outside our control. We are not liable for calls not handled, messages not delivered, delays, transcription errors, routing failures, or service interruptions caused by third-party telecommunications, AI, hosting, payment, or infrastructure providers.

We will communicate significant outages via email where possible. No uptime guarantee or service credit is implied by these Terms unless expressly provided in a separate written agreement.

The Services connect with and depend on third-party platforms and infrastructure providers, including providers such as Vapi (AI voice processing), Twilio (telephony and SMS), Stripe (payment processing), Google (authentication, calendar, maps, places, and reCAPTCHA services), and hosting, database, analytics, email, security, and AI infrastructure providers. When you use the Services or connect optional third-party services to your Evergreen AI account:

• Your use of those third-party services is governed by their respective terms and privacy policies.
• Evergreen AI is not responsible for the availability, accuracy, or security of third-party services.
• We do not control how third-party platforms store or process data exchanged through integrations.

We recommend reviewing the terms and privacy policies of any third-party service before connecting it to your account.

Please read this section carefully.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Evergreen AI does not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) AI-generated responses will be accurate, complete, or appropriate for all situations; or (d) any errors in the Services will be corrected.

You acknowledge that AI voice technology may not always perfectly transcribe, interpret, or respond to calls, and you remain responsible for the quality of service delivered to your customers.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERGREEN AI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, customers, data, or business opportunities.
• Damages resulting from unauthorized access to or alteration of your transmissions or data.
• Damages resulting from AI errors, miscommunications, missed calls, or incorrect routing.
• Damages arising from emergency or safety-critical situations handled through the Services.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $500 USD.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Evergreen AI and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) Customer Data you provide through the Services; (e) your failure to comply with call recording consent laws or other telemarketing regulations applicable to your use of the platform; or (f) your reliance on the Services for emergency or safety-critical decisions.

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

Informal Resolution: Before initiating any formal legal proceeding, you agree to first contact us at teamevergreenai@gmail.com and attempt to resolve the dispute informally. We will make good-faith efforts to resolve disputes within 30 days.

Binding Arbitration: If a dispute cannot be resolved informally, you and Evergreen AI agree to resolve it through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding.

Class Action Waiver: You agree that disputes will be resolved on an individual basis only. You waive the right to participate in class action lawsuits or class-wide arbitration.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and notify you via email or a prominent notice within your account dashboard at least 14 days before the changes take effect. Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and cancel your subscription before the effective date.

If you have questions about these Terms of Service, please contact us:

• Email: teamevergreenai@gmail.com