Terms of Service

1. Acceptance of Terms

By accessing or using Evaro's services, website, APIs, or any related software (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms. If you do not agree to these Terms, do not use our Services.

2. Description of Services

Evaro provides an AI-powered business automation platform that includes:

• AI chatbots for customer service, sales, and other business functions
• Personality-based AI bots that may utilize publicly available social media data
• Workflow automation and business process tools
• Multi-channel communication integration
• Knowledge base and document processing systems
• Lead capture and customer relationship management features

3. AI-Generated Content Disclaimer

4. Personality Bots and Social Media Data

Our platform allows users to create AI chatbots that mimic personalities based on publicly available social media data. By using this feature, you acknowledge and agree that:

• Authorization Required: You must have proper authorization to create a bot mimicking any person's personality. Creating unauthorized impersonation bots is strictly prohibited.
• Public Data Only: Our systems only access publicly available information from social media platforms
• No Endorsement: AI-generated responses do not represent the actual views, opinions, or statements of the person being mimicked
• Inaccurate Representations: The AI may generate responses that the real person would never say or that misrepresent their views
• Your Responsibility: You are solely responsible for ensuring your use of personality bots complies with all applicable laws, platform terms of service, and the rights of third parties
• Indemnification: You agree to indemnify Evaro against any claims arising from your use of personality bot features

5. User Responsibilities

As a user of Evaro's Services, you agree to:

• Use the Services only for lawful purposes and in compliance with all applicable laws
• Not use the Services to harass, abuse, defame, or harm any person
• Not impersonate any person or entity without proper authorization
• Not use the Services to send spam, phishing attempts, or malicious content
• Not attempt to circumvent any security measures or access restrictions
• Not use the Services to collect personal data without proper consent
• Monitor and review all AI-generated content before it reaches your customers
• Clearly disclose to your end users that they are interacting with an AI system
• Maintain appropriate safeguards for any data processed through our platform
• Comply with all applicable data protection and privacy laws (GDPR, CCPA, etc.)

6. Prohibited Uses

You may not use Evaro's Services to:

• Create deepfakes or misleading AI-generated content intended to deceive
• Generate content that violates intellectual property rights
• Produce illegal, harmful, or explicitly inappropriate content
• Engage in fraud, scams, or deceptive business practices
• Create bots that provide unauthorized professional advice (medical, legal, financial)
• Violate the terms of service of any third-party platforms we integrate with
• Scrape, harvest, or collect data in violation of applicable laws or platform terms
• Build competing products or services using our platform
• Circumvent usage limits, billing systems, or access controls

7. Voice Calling and SMS Services

Prohibited Communication Uses

You may NOT use Evaro's voice or SMS services to:

• Send unsolicited commercial messages (spam)
• Contact individuals who have opted out or are on Do-Not-Call lists
• Make harassing, threatening, or abusive calls
• Engage in telemarketing fraud, phishing, or scams
• Impersonate government agencies, law enforcement, or other entities
• Make robocalls for political campaigns without proper disclosure
• Contact individuals outside of legally permitted hours
• Use auto-dialers without proper consent
• Violate any telecommunications laws in any jurisdiction

Abuse Prevention and Account Actions

To protect all users and ensure compliance, Evaro implements the following safeguards:

• Rate Limiting: Call and SMS volumes are limited to prevent abuse
• Automatic Monitoring: We monitor for spam patterns, complaint rates, and violations
• Account Suspension: Accounts with high complaint rates or violations may be rate-limited, suspended, or permanently banned
• Opt-Out Enforcement: We automatically honor opt-out requests and maintain do-not-contact lists

Evaro is not responsible for any misuse of voice or SMS services. You agree to indemnify Evaro against any claims, fines, or damages arising from your use of these communication features, including violations of TCPA, CAN-SPAM, or other telecommunications regulations. Fines for TCPA violations can be $500-$1,500 per violation - you are solely responsible for ensuring compliance.

8. Third-Party Integrations

Our Services integrate with third-party platforms including but not limited to social media networks, messaging platforms, payment processors, and AI model providers. You acknowledge that:

• Third-party services are governed by their own terms and privacy policies
• We are not responsible for the availability, accuracy, or policies of third-party services
• Your use of third-party integrations must comply with those platforms' terms of service
• We may suspend or terminate integrations based on third-party platform requirements

9. Data and Content Ownership

Your Content: You retain ownership of all content, data, and materials you upload to or create using our Services. By using our Services, you grant Evaro a limited license to process, store, and transmit your content solely to provide the Services.

AI Outputs: AI-generated content created through our platform may be used by you for your business purposes, subject to these Terms. You are responsible for ensuring such use complies with applicable laws.

Feedback: Any feedback, suggestions, or ideas you provide about our Services may be used by Evaro without obligation to you.

10. Limitation of Liability

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EVARO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT
• WARRANTIES THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS

12. Indemnification

You agree to indemnify, defend, and hold harmless Evaro and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content you upload, create, or distribute through the Services
• Your use of personality bot features or AI-generated content
• Any claims by your end users, customers, or other third parties
• Any harm caused by chatbots you create or deploy using our platform

13. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Non-payment of fees
• Requests from law enforcement or government agencies
• Extended periods of inactivity
• Discontinuation of the Services

Upon termination, your right to use the Services immediately ceases. We may delete your data in accordance with our data retention policies.

14. Payment Terms

If you subscribe to paid Services:

• You agree to pay all applicable fees as described on our pricing page
• Fees are non-refundable except as expressly stated or required by law
• We may change pricing with 30 days' notice
• Failure to pay may result in suspension or termination of Services
• You are responsible for all taxes associated with your use of the Services

15. Intellectual Property

The Services, including all software, designs, text, graphics, and other materials, are owned by Evaro or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without express written permission.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. You waive any right to participate in class action lawsuits or class-wide arbitration.

17. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use of the Services after such notification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Evaro regarding the Services and supersede all prior agreements and understandings.

20. Contact Information

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