Terms of Service

1. Business Use

EverythingBusiness.ai is intended primarily for business use.

If you accept these Terms on behalf of an organization, you represent that you possess authority to bind that organization.

The organization and its authorized users are collectively referred to as "Customer."

If Customer and EB enter into a separately executed agreement that conflicts with these Terms, that executed agreement controls to the extent of the conflict.

2. The Services

EB provides a governed business operating and orchestration layer through which Customers may configure workflows, connect authorized third-party systems, invoke AI providers, establish permissions and approvals, and maintain operational records.

EB does not become Customer's CRM, payment processor, payroll provider, accounting platform, communications provider, AI provider, or other underlying system of record merely because EB accesses, processes, displays, combines, or acts upon information originating from those systems.

3. Accounts and Authorized Users

Customer controls its authorized users and is responsible for maintaining appropriate permissions.

Customer must promptly remove or restrict users who should no longer have access.

Customer is responsible for activity occurring through its authorized accounts except to the extent caused by EB's breach of its obligations.

4. Customer Data

"Customer Data" means information supplied to EB by or on behalf of Customer or processed through Customer's authorized use of the Services.

As between EB and Customer, Customer retains its rights in Customer Data.

Customer grants EB and its authorized subprocessors a limited right to process Customer Data as reasonably necessary to:

• provide the Services;
• execute Customer's instructions;
• secure and maintain the Services;
• provide support; and
• comply with law.

EB does not acquire ownership of Customer Data through this processing.

5. Connected Systems

Customer may authorize EB to connect with supported third-party systems.

Customer represents that it has all rights and authority required to:

• connect the system;
• provide applicable credentials or authorization;
• permit EB to access the applicable information;
• process information obtained from the system; and
• direct any actions that Customer configures through the Services.

Customer must not use EB to access an account, system, record, or resource that Customer does not have authority to access.

6. Artificial Intelligence

The Services may use third-party AI systems.

AI output may be inaccurate, incomplete, outdated, unexpected, or unsuitable for Customer's intended purpose.

Customer is responsible for determining whether AI-generated output is appropriate before relying on it for consequential business decisions or actions.

EB may provide permissions, budgets, approvals, execution limits, and other governance mechanisms. Those mechanisms do not eliminate Customer's responsibility for configuring and supervising its use of the Services.

Additional detail appears in the AI & Data Use Policy.

7. Automated Workflows

Certain workflows may execute automatically.

Customer determines its workflow configuration, authorized users, available integrations, and approval requirements.

Where approval functionality is available, Customer is responsible for deciding which users may approve an action.

8. Third-Party Services

The Services may depend upon third-party systems, APIs, AI providers, hosting providers, authentication providers, and other services.

Those providers may independently:

• change their APIs;
• modify their terms;
• limit access;
• experience outages;
• alter functionality; or
• discontinue services.

EB does not warrant the continued availability of any particular third-party integration.

9. Credentials

Customer may authorize EB to securely store and use credentials necessary to access connected systems.

Customer must promptly revoke or rotate credentials that Customer reasonably believes have been compromised.

10. Acceptable Use

Customer must comply with the EverythingBusiness.ai Acceptable Use Policy, incorporated into these Terms.

11. Fees and Billing

Fees, setup costs, recurring charges, billing terms, renewals, and related commercial arrangements are determined through Customer's applicable order, proposal, invoice, service agreement, subscription agreement, or similar commercial arrangement with HitBridge, LLC.

The current EverythingBusiness.ai application does not provide self-service payment checkout.

12. Intellectual Property

EB and its licensors retain all rights, title, and interest in the Services, software, architecture, documentation, workflows supplied by EB, trademarks, branding, and other proprietary materials.

Subject to these Terms and applicable payment obligations, Customer receives a limited, nonexclusive, nontransferable right to use the Services for its internal business purposes during the applicable service period.

13. Customer Materials

Customer retains its rights in materials it provides to EB.

Customer represents that its provision and use of those materials through EB does not violate applicable law or third-party rights.

14. Feedback

EB may use ideas, suggestions, or feedback voluntarily provided concerning the Services without restriction or compensation, provided such use does not give EB ownership of Customer Data or Customer Confidential Information.

15. Confidentiality

Each party must use reasonable care to protect the other's nonpublic confidential information.

Confidential information may be used only as reasonably necessary to fulfill the parties' business relationship.

Confidential information does not include information that:

• becomes public without breach;
• was lawfully known without restriction;
• is independently developed without use of the other party's confidential information; or
• is lawfully obtained from another source.

16. Security and Data Protection

EB's processing of personal information on behalf of Customer is subject to the EverythingBusiness.ai Data Processing Addendum where applicable.

17. Suspension

EB may restrict or suspend access where reasonably necessary to address:

• material security risks;
• suspected unauthorized access;
• unlawful activity;
• violations of these Terms or the Acceptable Use Policy;
• threats to EB, customers, or third-party systems;
• payment defaults under applicable commercial arrangements; or
• legal obligations.

Where reasonably practicable, EB may limit suspension to the affected functionality.

18. Termination

Termination rights are governed by the applicable service agreement, order, subscription arrangement, or other commercial agreement.

Following termination, EB may disable users, credentials, integrations, workflows, and access to the Services.

Customer Data is retained or deleted in accordance with applicable agreements, retention policies, legal obligations, security requirements, legal holds, and backup cycles.

19. Developing Features

Features designated beta, preview, experimental, developing, or similar may change or be discontinued.

Unless EB expressly agrees otherwise in writing, those features do not carry service commitments applicable to generally available functionality.

20. Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN A SEPARATELY EXECUTED WRITTEN AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

EB DOES NOT WARRANT THAT AI OUTPUT, THIRD-PARTY DATA, CONNECTOR RESULTS, AUTOMATED RESULTS, OR THIRD-PARTY SYSTEMS ARE ERROR-FREE, COMPLETE, OR SUITABLE FOR CUSTOMER'S PARTICULAR PURPOSE.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, OR GOODWILL ARISING FROM THE SERVICES.

EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR A DIFFERENT LIMIT EXPRESSLY AGREED IN WRITING, EACH PARTY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY CUSTOMER TO EB DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

22. Indemnification

Customer will defend, indemnify, and hold harmless EB and its affiliates, officers, employees, and agents against third-party claims arising from:

• Customer's unlawful Customer Data;
• Customer's unauthorized access to connected systems;
• Customer's violation of the Acceptable Use Policy;
• Customer's instructions that violate applicable law or third-party rights; or
• Customer's material breach of its representations under these Terms.

Any separate indemnification obligations of EB must appear in an executed agreement.

23. Governing Law and Venue

These Terms and disputes arising from or relating to the Services are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.

Except where the parties agree to another dispute procedure in writing, the parties consent to the exclusive jurisdiction and venue of the state and federal courts having jurisdiction in Maricopa County, Arizona.

24. Changes

EB may update these Terms as its Services or legal obligations change.

Material changes apply prospectively except where applicable law requires otherwise.

Contact

Email: tech@everythingbusiness.ai