Terms of service

These terms are the agreement between AutomateItAll ("we", "us") and the business that uses our software (the "Company", "you"). They cover the EvrApps platform at evrapps.com and company-branded addresses that point to it, the hiring site at myhiringprocess.com, and the services we run through them. By creating an account, signing in or using the service you accept these terms; if you accept them for a Company, you confirm you are allowed to bind it. Our privacy policy explains how we handle personal information and is part of these terms.

1. The service

The platform helps a Company run its business: leads, appointments, quotes and electronic signing, jobs, photos and documents, payments, texting, email and calls, hiring, installer pay and payroll, and AI assistants that help with those tasks. We improve the service continually and may add, change or retire features; we will give reasonable notice before removing something you depend on. Features that connect to another provider's service (payment processors, QuickBooks, calendars, texting, photo and job systems) depend on that provider and are offered as long as the provider supports them.

2. Accounts and security

You are responsible for the people you give access to, for what they do in the service and for keeping credentials private. Each person needs their own login; do not share accounts. Turn on two-step sign-in for anyone with access to customer or payment data. Tell us at once if you suspect an account has been compromised. We may suspend an account that threatens the security of the service or of other Companies.

3. Your data

You own the data you and your staff put into the service, and the data your connected systems send to it. You give us the right to host, process, transmit and back it up as needed to run the service for you, to support you and to keep the service secure. We do not sell your data and we do not use your customers' information to market to them.

You are responsible for having the right to use the information you put into the service, including your customers' and applicants' contact details, photos and signatures. Do not put protected health information into the service unless we have signed a business associate agreement with you.

4. Acceptable use

Use the service only for your own lawful business. Do not use it to send spam or messages people have not agreed to receive, to misrepresent who you are, to upload malware, to probe or disrupt the service, to scrape it, or to access another Company's data. Do not resell the service or build a competing product from it.

5. Texting, calling and recording

You are responsible for complying with the laws that apply to your communications, including the Telephone Consumer Protection Act, state telemarketing and do-not-call rules, call-recording consent laws and the carriers' messaging rules. Send texts and place calls only to people who have given you the consent the law requires, keep records of that consent, and honor opt-outs. The platform adds "Reply STOP to opt out" to campaign texts and stops texting a number that replies STOP, but the legal responsibility for your messages is yours. Calls handled by the AI phone assistant are recorded and transcribed; give callers the notice your state requires.

6. Payments and other providers

Card and bank payments are processed by the payment processor you choose and set up (Zift, Intuit QuickBooks Payments or Square). We are not a payment processor, bank or money transmitter; we never hold your funds, and the full card number never passes through our systems. The processor's own agreement governs fees, settlement, chargebacks and disputes. When you connect QuickBooks Online, Square, Google, Twilio, DocuSign, CompanyCam or another provider, that provider's terms apply to its service, and you authorize us to act on your account there as the feature describes. The accuracy of your books, invoices and tax records remains your responsibility.

7. AI features

AI assistants draft messages, summarize calls, answer and place phone calls and help with other tasks. They can be wrong, miss something or misunderstand a caller. Review AI output before relying on it, and keep a person responsible for decisions about customers, applicants, money and safety. AI output is not legal, medical, financial or professional advice.

8. Fees

Fees, the subscription term and any trial are as set out in your order or subscription agreement with us. Fees are billed in advance and are non-refundable except where that agreement or the law says otherwise. If an invoice goes unpaid for 30 days after we remind you, we may suspend the service until it is paid. Third-party charges, such as texting, calling, AI phone minutes and background checks, are billed at the rates in your agreement.

9. Term and ending the agreement

The agreement lasts for the subscription term and renews as your order says. Either side may end it for a material breach that is not fixed within 30 days of written notice. Within 30 days after the agreement ends you may ask us for an export of your data in a common format, and we will provide it. After that we delete your data as our privacy policy describes. Sections 3, 6, 7, 10, 11, 12 and 13 survive the end of the agreement.

10. Our property

The service, its software, design, templates and documentation belong to us or our licensors, and these terms give you only the right to use them during the agreement. If you send us suggestions, we may use them without obligation to you.

11. Warranties and disclaimers

We will provide the service with reasonable skill and care and will try to keep it available at all times, with maintenance announced in advance where we can. Beyond that, the service is provided as is. We do not promise that it will be uninterrupted or error-free, that it will meet every requirement of your business, or that any provider it connects to will keep working. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement to the extent the law allows.

12. Limits on liability

To the extent the law allows, neither side is liable to the other for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, however caused. Our total liability for all claims arising from the service in any 12-month period is limited to the fees you paid us for the service in the 12 months before the first claim. These limits do not apply to a side's breach of confidentiality, to its indemnity obligations, or to liability that the law does not allow to be limited.

13. Indemnity

You will defend and indemnify us against third-party claims that arise from your data, your communications to customers and applicants, or your use of the service in breach of these terms or the law. We will defend and indemnify you against third-party claims that the service, as we provide it, infringes their intellectual property rights. The indemnified side must give prompt notice and reasonable cooperation, and the indemnifying side controls the defense.

14. Governing law and disputes

These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The parties will try in good faith to resolve any dispute by discussion first. A dispute that cannot be resolved that way will be heard in the state or federal courts located in Collin County, Texas, and each side consents to their jurisdiction.

15. Changes to these terms

We may update these terms as the service changes. We will post the new version here with its date and, for material changes, tell Companies by email or in the app at least 30 days before they take effect. Continuing to use the service after that date accepts the new terms.

16. General

These terms, your order or subscription agreement and our privacy policy are the whole agreement between us about the service. If any part is found unenforceable, the rest stands. Neither side may assign the agreement without the other's consent, except to a successor that buys its business. Notices to us go to the address below; notices to you go to the Company's administrator email on file.

Contact

AutomateItAll, [email protected].


EvrApps is operated by AutomateItAll. Questions about this page: [email protected].