Terms of Service

1. Acceptance of Terms

Welcome to Ervin Automations. By accessing or using our AI-powered phone service platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

2. Service Description

Ervin Automations provides a multi-tenant AI-powered phone service platform that enables businesses to:

• Purchase and manage Twilio phone numbers
• Receive and respond to customer SMS messages using AI
• Forward incoming calls to business cell phones
• Automate customer communications with AI-generated responses
• Track usage and billing through Stripe integration

The Service is provided on an "as-is" and "as-available" basis. We do not guarantee uninterrupted or error-free operation.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and capable of entering into legally binding contracts to use this Service. By registering, you represent and warrant that you meet these requirements.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate and complete registration information
• Keep your account information up to date
• Immediately notify us of any unauthorized use of your account
• Not share your account credentials with third parties

4. Billing and Payment

4.1 Free Trial

New accounts receive a 7-day free trial that includes up to 20 calls and 100 text messages. A valid payment method is required to start the trial. You will not be charged the setup fee or monthly subscription until the trial period ends. Overage charges (see Section 4.3) apply immediately during the trial to prevent abuse.

4.2 Setup Fee and Monthly Subscription Plans

After your free trial, a one-time $10 setup fee is charged, followed by a recurring monthly subscription based on your chosen plan:

Monthly subscriptions renew automatically on the same date each month. You may change or cancel your plan at any time from your Business Settings page.

4.3 Overage Charges

Usage beyond your plan's included amounts is billed at the following overage rates, which apply immediately — including during the free trial:

• Text messages: $0.02 per message
• Calls: $0.04 per minute

4.4 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees and charges incurred, including the setup fee, monthly subscription, and any overage charges.

4.5 Billing Cycle

Monthly subscription fees are charged at the start of each billing period. Overage charges are reported to Stripe in real-time and billed at the end of each billing period.

4.6 Refunds

The $10 setup fee and monthly subscription charges are non-refundable once charged. Overage charges are final and non-refundable. If you believe you have been incorrectly charged, please contact us within 30 days at support@selfserveassistant.com.

5. Cancellation and Termination

5.1 Your Right to Cancel

You may cancel your subscription at any time from your Business Settings page. Cancellation is permanent and will result in:

• Immediate cancellation of your Stripe subscription
• Release of your Twilio phone number back to Twilio's inventory
• Permanent deletion of all your data, including messages, FAQs, and settings

Important: Cancellation cannot be undone. Make sure to export any data you wish to keep before cancelling.

5.2 Our Right to Terminate

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms of Service
• Fraudulent or illegal activity
• Non-payment of fees
• Abuse of the Service or third-party services (Twilio, OpenAI)
• Any conduct that we reasonably believe is harmful to other users or our business

6. Acceptable Use Policy

You agree NOT to use the Service to:

• Send unsolicited commercial messages (spam)
• Violate the Telephone Consumer Protection Act (TCPA) or CAN-SPAM Act
• Transmit illegal, harmful, threatening, abusive, or harassing content
• Impersonate any person or entity
• Violate any applicable laws or regulations
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any systems
• Use the Service in a way that exceeds reasonable usage limits or could damage our reputation

You are solely responsible for ensuring your use of the Service complies with all applicable telecommunications laws and regulations, including obtaining proper consent before sending messages.

7. Third-Party Services

Our Service relies on third-party providers including Twilio, Stripe, OpenAI, and Replit. You acknowledge and agree that:

• These third-party services have their own terms of service and privacy policies
• We are not responsible for the availability, performance, or security of third-party services
• Service disruptions may occur due to third-party issues beyond our control
• You must comply with the terms of service of these third-party providers

9. Intellectual Property

9.1 Our Rights

The Service, including its software, design, text, graphics, and other content, is owned by Ervin Automations and is protected by copyright and other intellectual property laws.

9.2 Your Content

You retain ownership of any content you submit through the Service (business information, custom FAQs, etc.). By using the Service, you grant us a license to use, store, and process this content solely for the purpose of providing the Service to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Ervin Automations and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Content you submit through the Service

11. Privacy

Your use of the Service is also governed by our Privacy Policy, available at /privacy. Please review our Privacy Policy to understand our data practices.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

12.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

13. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Ervin Automations
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• No Waiver: Our failure to enforce any right or provision does not constitute a waiver
• Assignment: You may not assign these Terms without our prior written consent
• Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control