EVIX AI – TERMS & CONDITIONS

Effective Date: December 2025

Evix AI
Honolulu, Hawaii, USA
Website: https://evix.ai
Email
: [email protected]

These Terms & Conditions (“Terms”) govern your access to and use of Evix AI’s website, software, automation systems, AI agents, consulting services, and subscriptions (collectively, the “Services”).

By accessing or using the Services, you (“Client”) agree to be legally bound by these Terms.


1. ACCEPTANCE OF TERMS

By using the Services, Client acknowledges that they have read, understood, and agreed to these Terms. These Terms constitute the entire agreement between Client and Evix AI and supersede all prior discussions or representations unless expressly agreed in writing and signed by both parties.


2. DESCRIPTION OF SERVICES

Evix AI provides AI-powered automation and technology services, which may include but are not limited to:

  • AI voice, SMS, email, and chat reception systems

  • CRM configuration and automation

  • Workflow automations, APIs, and integrations

  • AI agents trained using Client-provided inputs

  • Consulting, setup, optimization, and support

All Services are provided remotely unless otherwise agreed in writing.

Evix AI does not guarantee business outcomes, revenue, lead volume, or conversion performance.


3. CLIENT DATA OWNERSHIP & RESPONSIBILITIES

3.1 Client-Owned Data

Client represents and warrants that they own or have lawful rights to their own:

  • Business data

  • Customer information

  • Scripts, recordings, and prompts

  • Branding, messaging, and content

  • Any materials provided to Evix AI

(collectively, “Client Data”).

Client Data remains the exclusive property of the Client.

Client grants Evix AI a limited, non-exclusive, revocable license to use Client Data solely for the purpose of delivering the Services.


3.2 Evix AI Intellectual Property

All Evix AI-developed materials, including but not limited to:

  • Automation workflows

  • AI agents, logic, and decision trees

  • Prompt engineering

  • System architecture

  • Scripts, templates, configurations, and processes

(collectively, “Evix AI IP”) are and shall remain the exclusive property of Evix AI.

No ownership or license to Evix AI IP is transferred to Client unless expressly agreed in writing.

Client may use the output of the Services but may not copy, resell, reverse engineer, white-label, or redistribute Evix AI IP.


3.3 Client Responsibilities

Client agrees to:

  • Provide accurate and lawful Client Data

  • Maintain required third-party subscriptions

  • Review and approve AI behavior

  • Monitor automations regularly

  • Ensure compliance with applicable laws

Evix AI is not responsible for failures caused by incorrect Client Data, misuse, or third-party platform changes.


4. PAYMENTS & BILLING

All fees are due in advance unless otherwise stated in writing.

  • Setup fees are non-refundable

  • Monthly services are billed automatically

  • Failure to pay may result in suspension or termination

All payments are final once processed.


5. MONTHLY SERVICE & CANCELLATION POLICY

All Services operate on a month-to-month basis unless otherwise stated in writing.

  • Thirty (30) days written notice is required to cancel

  • Cancellation becomes effective at the end of the following billing cycle

  • No same-month or retroactive cancellations apply

No refunds are provided for prior or current billing periods.


6. PRICING & FEE CHANGES

Evix AI may modify pricing, fees, or service structure.

  • Clients will receive at least thirty (30) days advance notice

  • Clients may accept changes or cancel before they take effect

  • Continued use after notice constitutes acceptance


7. THIRD-PARTY SERVICES

Client is responsible for all third-party costs, including CRM platforms, phone numbers, call minutes, SMS, email, APIs, and automation tools.

Evix AI does not control or guarantee third-party platforms and is not responsible for outages, pricing changes, or policy updates.


8. AI & AUTOMATION LIMITATIONS

Client acknowledges and agrees:

  • AI systems are not human

  • AI responses are probabilistic and may be incorrect

  • Errors, misroutes, or misunderstandings may occur

Evix AI is not liable for missed calls, incorrect bookings, AI responses, or customer dissatisfaction resulting from automation behavior.


9. TCPA, COMMUNICATIONS & CALL RECORDING CONSENT

Client acknowledges that Evix AI systems may place, receive, route, monitor, or record voice calls, SMS messages, and electronic communications.

Client represents and warrants that they have obtained all legally required consents, including TCPA consent, prior express consent, or prior express written consent, where applicable.

Client is solely responsible for compliance with all federal, state, and local laws governing:

  • Automated calls and AI voice

  • SMS and MMS messaging

  • Call recording and disclosure requirements

Client agrees to indemnify and hold harmless Evix AI from any TCPA claims, fines, penalties, lawsuits, or regulatory actions.

Evix AI does not provide legal advice regarding compliance.


10. AUTHORITY TO ACT / CLIENT SERVICE AGREEMENT LANGUAGE

Client authorizes Evix AI to configure, deploy, and operate automation systems on Client’s behalf using Client Data and instructions.

Evix AI acts solely as a technology service provider, not as a partner, agent, employee, or legal representative of Client.

Client retains full responsibility for business decisions, customer communications, and compliance.


11. CHARGEBACKS & PAYMENT DISPUTES

Client agrees not to initiate chargebacks or payment disputes without first contacting Evix AI in writing.

Initiating a chargeback for services rendered constitutes a material breach of these Terms.

In the event of a chargeback:

  • Evix AI may immediately suspend Services

  • Client remains liable for all outstanding balances

  • Client agrees to reimburse Evix AI for chargeback fees and administrative costs

Evix AI reserves the right to pursue collections or legal remedies for abusive or fraudulent chargebacks.


12. ENTERPRISE & HIGH-TICKET ENGAGEMENTS

For enterprise or custom engagements, additional terms may apply (e.g., scope, pilots, timelines).

Unless expressly stated in a separate written agreement signed by both parties, these Terms govern all engagements, regardless of deal size.

No oral statements modify these Terms.


13. DISCLAIMER OF WARRANTIES

Services are provided “AS IS” and “AS AVAILABLE.”

Evix AI disclaims all warranties, express or implied, including fitness for a particular purpose, accuracy, or uninterrupted service.


14. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Evix AI shall not be liable for indirect, incidental, consequential, or punitive damages.

Evix AI’s total liability shall not exceed the amount paid by Client in the thirty (30) days preceding the claim.


15. INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless Evix AI from claims arising from:

  • Client business operations

  • Client Data

  • Client misuse of Services

  • Legal or regulatory violations


16. SUSPENSION & TERMINATION

Evix AI may suspend or terminate Services for non-payment, misuse, illegal activity, or violations of these Terms.

Access to systems may be revoked immediately upon termination.


17. FORCE MAJEURE

Evix AI is not liable for failures caused by events beyond reasonable control, including platform outages, internet failures, or acts of God.


18. MODIFICATIONS TO TERMS

Evix AI may update these Terms at any time. Continued use of Services constitutes acceptance of updated Terms.


19. GOVERNING LAW & VENUE

These Terms are governed by the laws of the State of Hawaii.

Exclusive venue shall be Honolulu, Hawaii.

Any claim must be brought within one (1) year of the cause of action.


20. CONTACT

📧 [email protected]
🌐 https://evix.ai