Terms of Service

Welcome to EverSale.io. These Terms of Service ("Terms") govern your access to and use of EverSale.io (the "Service") provided by RIRD ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Service Description

EverSale.io is a conversation intelligence platform that helps sales professionals capture, organize, and leverage customer conversation data. Our Service includes features for recording, transcribing, analyzing, and integrating conversation data with CRM systems.

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

2. Account Registration and Security

To use certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.

3. Subscription and Payment Terms

Some aspects of the Service may be provided on a subscription basis. By selecting a subscription plan, you agree to pay the subscription fees as described at the time of purchase. Subscription fees are billed in advance on a recurring basis based on your selected billing cycle (monthly or annual).

You authorize us to charge the payment method you provide to us for all applicable fees. If your payment cannot be completed, we may suspend or terminate your access to the Service.

All fees are exclusive of taxes, which we may charge you as applicable. You are responsible for paying all taxes associated with your purchase.

Subscription plans may be modified, price changes may occur, or the Service may be discontinued in the future. We will notify you of any material changes in advance.

4. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of RIRD and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your internal business purposes.

You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.

5. User Content and Licenses

Our Service allows you to upload, store, and share content, including but not limited to conversation recordings, transcripts, notes, and other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you upload, post, or otherwise make available through the Service.

By uploading User Content to the Service, you grant RIRD a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in connection with providing and improving the Service. This license exists only for the purpose of operating or improving the Service.

You represent and warrant that: (i) you own the User Content or have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the uploading and use of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity.

6. Prohibited Uses

You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation
• To impersonate or attempt to impersonate RIRD, a RIRD employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm RIRD or users of the Service
• To record conversations without proper consent from all parties as required by applicable laws

Additionally, you agree not to access or attempt to access the Service by any means other than through the interface that is provided by RIRD.

7. Limitation of Liability

To the maximum extent permitted by law, in no event shall RIRD, its affiliates, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Service.

To the maximum extent permitted by law, RIRD assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (iii) unauthorized access to or use of our servers and/or any personal information stored therein; (iv) interruption or cessation of transmission to or from the Service; (v) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; or (vi) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Service.

In no event shall our total liability to you for all claims arising from or relating to these Terms or your use of the Service exceed the amount paid by you, if any, for accessing the Service during the twelve (12) months immediately preceding the date of the claim.

8. Indemnification

You agree to defend, indemnify, and hold harmless RIRD, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Contact Information

If you have any questions about these Terms, please contact us at: