Introduction 🔗
1.1. These Terms of Service ("Terms") govern your access to and use of Everview AI ("the Service") provided by Everview AI Inc. ("Company"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Definitions 🔗
- Affiliate
- Any entity that controls, is controlled by, or is under common control with a party.
- Authorized Users
- Customer's employees, contractors, or agents authorized by Customer to use the Service.
- Customer Data
- All data, content, and materials provided by Customer or Authorized Users through use of the Service.
- Subscription Term
- The initial subscription period and any renewal periods.
License Grant 🔗
3.1. Subject to Customer's compliance with these Terms and payment of all applicable fees, Company grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service for Customer's internal business purposes during the Subscription Term.
3.2. Customer may permit Authorized Users to access and use the Service under Customer's account, provided Customer remains responsible for their compliance with these Terms.
Restrictions 🔗
- Copy, modify, translate, or create derivative works of the Service;
- Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Service;
- Distribute, sublicense, resell, or rent the Service;
- Remove or obscure any proprietary notices on the Service;
- Use the Service to provide time-sharing or service bureau services to third parties;
- Use the Service in violation of applicable laws or third-party rights.
Customer Data 🔗
5.1. Customer retains all right, title, and interest in Customer Data. Customer grants Company a non-exclusive license to use, store, and transmit Customer Data as necessary to provide the Service.
5.2. Company will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Data.
Fees & Payment 🔗
6.1. Customer agrees to pay all fees specified in Order Forms. Fees are non-refundable except as expressly set forth herein.
6.2. Company may increase fees upon renewal by providing notice at least 30 days prior to the end of the then-current Subscription Term.
Term & Termination 🔗
7.1. These Terms commence on the Effective Date and continue for the Subscription Term.
7.2. Either party may terminate these Terms for material breach if the breach is not cured within 30 days after written notice.
7.3. Upon termination, Customer's right to access and use the Service immediately ceases, and Company may delete Customer Data in accordance with the Data Deletion Policy.
Proprietary Rights 🔗
8.1. Company and its licensors retain all right, title, and interest in and to the Service, including all intellectual property rights.
8.2. Customer retains all right, title, and interest in and to Customer Data.
Warranties & Disclaimers 🔗
9.1. Company warrants that the Service will perform materially in accordance with the Documentation.
9.2. EXCEPT FOR THE FOREGOING WARRANTY, THE SERVICE IS PROVIDED "AS IS" AND COMPANY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability 🔗
10.1. NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS.
10.2. COMPANY'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNTS PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.
Confidentiality 🔗
11.1. Each party agrees to protect Confidential Information of the other party with the same degree of care it uses to protect its own Confidential Information.
11.2. Confidential Information does not include information that is or becomes publicly known without breach of these Terms.
Data Privacy 🔗
12.1. Company will process Customer Data in compliance with its Privacy Policy [link].
Data Security & Privacy Statement 🔗
12.2. Everview AI collects, stores, and processes Customer Data solely to provide, maintain, and improve the Service. We implement industry-standard administrative, technical, and physical safeguards—including encryption in transit and at rest, strict access controls, regular security audits, and vulnerability assessments—to protect the confidentiality, integrity, and availability of Customer Data. Customer Data is never shared with unauthorized third parties and is retained only as long as necessary to fulfill contractual obligations or comply with legal requirements.
Export Compliance 🔗
13.1. Customer shall comply with all export and import laws and regulations.
Governing Law & Dispute Resolution 🔗
14.1. These Terms are governed by the laws of British Columbia, Canada.
14.2. The parties shall attempt to resolve disputes through good-faith negotiation before pursuing other remedies.
Miscellaneous 🔗
15.1. Entire Agreement. These Terms, together with any Order Forms, constitute the entire agreement between the parties.
15.2. Amendments. Company may amend these Terms by posting updated Terms at least 30 days prior to the changes' effective date.
15.3. Severability. If any provision is held invalid, the remaining provisions remain in effect.