Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you") and EIWare LLC, a Texas limited liability company ("EIWare," "we," "us"). By accessing or using EIWare Lite (the "Service"), you agree to be bound by these Terms.

If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Description of Service

EIWare Lite is an AI-powered business communication platform ("Eli") that enables small and mid-sized businesses to automate customer interactions via SMS, voice, appointment scheduling, CRM functions, and owner notifications. The Service is provided as a software-as-a-service (SaaS) platform.

3. SMS and Voice Messaging

3.1 Consent and Compliance. You agree to use the Service's SMS and voice capabilities only to communicate with individuals who have provided prior express written consent to receive such messages. You are solely responsible for obtaining and documenting valid consent from your customers before sending them any SMS or voice messages through EIWare Lite.

3.2 Required Disclosures. When collecting phone numbers, you must clearly disclose to end-users:

• That they may receive SMS messages from your business via EIWare Lite
• That message frequency varies
• That message and data rates may apply
• That they may reply STOP to unsubscribe and HELP for help
• A link to this Privacy Policy and these Terms of Service

3.3 Opt-Out. You must honor all STOP requests immediately. EIWare Lite processes STOP replies automatically. You may not send further messages to any number that has opted out, except a single confirmation of the opt-out.

3.4 Message Frequency. Message frequency varies based on your configuration and customer interactions. EIWare Lite is designed for transactional messaging (appointments, reminders, service updates); it is not intended for bulk unsolicited marketing.

3.5 Message and Data Rates. Standard message and data rates from your customers' wireless carriers may apply. EIWare LLC is not responsible for carrier charges incurred by end-users.

3.6 TCPA and Applicable Law. You agree to comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA messaging guidelines, and all applicable federal, state, and local laws governing electronic communications. EIWare LLC is a technology provider; you remain the sender of record and bear responsibility for compliance.

4. Acceptable Use

You agree not to use the Service to:

• Send unsolicited commercial messages (spam)
• Harass, threaten, or deceive any person
• Violate any applicable law or regulation
• Transmit illegal, obscene, or harmful content
• Attempt to reverse-engineer, scrape, or interfere with the platform
• Use the platform for purposes other than legitimate business communications

5. Accounts and Access

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

6. Intellectual Property

EIWare LLC retains all rights, title, and interest in the Service, including all software, AI models, workflows, and related intellectual property. These Terms do not grant you any ownership rights in the Service. You retain ownership of your business data and customer content.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

AI-generated responses from Eli may occasionally be inaccurate. You are responsible for reviewing and supervising the Service's communications with your customers.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EIWARE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO EIWARE LLC IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify and hold harmless EIWare LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) your communications with your end-customers.

10. Termination

Either party may terminate access to the Service at any time. EIWare LLC may suspend or terminate your account immediately for material breach of these Terms, including any misuse of SMS/voice capabilities. Upon termination, your access to the Service ceases and we may delete your data in accordance with our Privacy Policy.

11. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any disputes shall be resolved in the state or federal courts located in Montgomery County, Texas, and you consent to personal jurisdiction in those courts.

12. Changes to Terms

We may update these Terms from time to time. We will provide notice of material changes via email or in-app notification. Continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms.

13. Contact