Terms of Service

# Terms of ServiceLast Updated: January 31, 2026

These Terms of Service govern your use of evercall.us and the Evercall AI receptionist service.

**1. Parties**  
Evercall Inc., 8 The Green, STE B, Dover, DE 19901, United States ("Evercall", "we", "us", "our").

**2. Service Description**  
Evercall provides an AI-powered 24/7 phone answering service. The bot, built with Vapi, answers calls, books/reschedules/cancels appointments in your preferred calendar (Google Calendar or other via Cal.com), and can send optional SMS/email confirmations via Twilio (only with caller consent). Calls may be recorded and transcribed for quality improvement.

**3. Eligibility**  
You must be 18+ and authorized to bind your business.

**4. Pricing & Payment**  
Pricing is tailored to your call volume and needs. Monthly retainer, billed via Stripe. Auto-renews unless you give 30 days written notice before renewal. No fixed prices are listed on the website—exact pricing is provided during the personal onboarding call.

**5. Cancellation & Refunds**  
You may cancel anytime with 30 days written notice (email to info@evercall.us). No refunds for partial months.

**6. Your Responsibilities**  
- Provide accurate business information for bot training  
- Ensure all calls comply with U.S. laws (TCPA, Do-Not-Call Registry, etc.)  
- Obtain caller consent for SMS/email confirmations  
- Not use the service for illegal, harassing, fraudulent, or spam calls  

**7. SMS Communications & Consent**  
By providing a phone number and opting in, you expressly consent to receive SMS (text) messages from Evercall Inc. related to our services, including but not limited to appointment confirmations, scheduling updates, service-related notifications, and follow-up communications.  SMS messages are only sent where the recipient has provided prior express consent. Message frequency may vary.  For more details on how we handle your data, see our
Privacy Policy.

**Message and Data Rates Disclosure:**
Message and data rates may apply depending on your mobile carrier and plan.  

**Carrier Liability Disclaimer:**
Carriers (including wireless carriers) are not liable for delayed or undelivered messages.  You may opt out of SMS communications at any time by replying STOP to any message. After opting out, you may receive one final confirmation message. For assistance, reply HELP or contact us at info@evercall.us.  Consent to receive SMS messages is not a condition of purchase and may be withdrawn at any time.  Evercall does not sell, rent, or share mobile phone numbers or SMS opt-in data with third parties for their own marketing purposes.

**8. Prohibited Uses**  
You may not:  
• Use the service for telemarketing or robocalls  
• Record calls without proper consent where required by law  
• Attempt to reverse-engineer the bot  
• Overload the service or interfere with other customers  

**9. Intellectual Property**  
Evercall owns the bot, technology, and transcripts. You own your business data.

**10. Termination**  
We may suspend or terminate your access immediately for prohibited use, non-payment, or legal violation.

**11. Disclaimers**  
The service is provided "as is". We make no guarantee of 100% uptime or perfect accuracy. We are not liable for calendar errors, missed SMS, or other service interruptions.

**12. Limitation of Liability**  
To the maximum extent permitted by law, Evercall’s total liability is limited to the fees you paid in the previous 12 months. We are not liable for indirect, consequential, or punitive damages.

**13. Indemnification**  
You agree to indemnify Evercall against claims arising from your use of the service or violation of laws.

**14. Governing Law & Dispute Resolution**  
Delaware law applies. Any disputes shall be resolved by binding arbitration in Dover, Delaware under AAA rules (one arbitrator, no class actions).

**15. Changes**  
We may update these Terms. We will notify you by email. Continued use means acceptance.

**Contact**  
Evercall Inc.  
8 The Green, STE B  
Dover, DE 19901  
United States  info@evercall.us | +1 (920) 378-7299