These Terms and Conditions (“Terms”) govern access to and use of EQ Intelligence AI, Inc. (“EQAI,” “we,” “us,” or “our”) software, AI Partner platform, onboarding tools, assessments, reports, workflows, dashboards, support, and related services. By creating an account, selecting a package, checking an acceptance box, completing checkout, or using EQAI, you agree to these Terms.
1. Services
EQAI provides software-enabled AI Partner services, including AI-guided workflows, knowledge-source configuration, assessments, plan/offer routing, reporting, dashboards, onboarding support, and related services based on the package selected by the customer. EQAI may improve, update, modify, or change the services from time to time, provided we do not materially reduce the core functionality of a paid package during the then-current paid term except for security, legal, operational, or third-party dependency reasons.
2. Account and License
Subject to payment and compliance with these Terms, EQAI grants the customer a limited, non-exclusive, non-transferable right during the active subscription term to access and use EQAI for internal business purposes and engagement with the customer’s own prospects, customers, guests, or end users.
3. Fees, Billing, and Payment
Customers agree to pay all fees shown at checkout or in the selected package. Fees may include setup fees, platform license fees, monthly user fees, installment payments, renewal fees, overage charges, and applicable taxes. Unless otherwise stated in writing, fees are non-cancelable and non-refundable once paid. If a trial applies, billing begins according to the package terms displayed at checkout. Customers authorize EQAI and its payment processor to charge the selected payment method for all amounts due. EQAI may suspend access for nonpayment after notice and a reasonable opportunity to cure unpaid undisputed amounts.
4. Usage and Overages
Some packages may include usage allowances. Usage may be measured by sessions, conversations, interactions, model calls, tokens, tool use, users, assessments, or similar operational metrics. Usage above the included allowance may be billed according to the package terms or overage schedule provided by EQAI.
5. Customer Responsibilities
Customers must provide timely, accurate, and lawful information, materials, approvals, branding assets, website links, content, calendar links, booking links, and access reasonably needed for EQAI to provide the services. Customers are responsible for their own websites, funnels, booking systems, calendars, CRMs, payment processors, and third-party systems unless expressly included in the selected package. Customers may not submit protected health information regulated by HIPAA, sensitive payment card data outside approved payment processor workflows, or other restricted data unless EQAI has expressly approved that use in writing.
6. Customer Data and Privacy
Customers retain ownership of their data, content, prompts, files, website materials, assessment responses, chat data, contact information, and other materials submitted to EQAI (“Customer Data”). Customers grant EQAI a limited right to host, copy, process, transmit, display, and use Customer Data as needed to provide, secure, support, improve, and administer the services. EQAI will use commercially reasonable safeguards designed to protect Customer Data. No internet-based service can be guaranteed to be absolutely secure, uninterrupted, or error-free. Use of personal information is also governed by EQAI’s Privacy Policy.
7. AI-Specific Terms
EQAI services may use machine learning, large language models, automated workflows, and related technologies that generate probabilistic outputs. AI outputs may contain inaccuracies, omissions, non-unique language, bias, or classification errors. EQAI does not warrant that AI outputs will be error-free or fit for every intended purpose. Unless expressly stated in a written agreement, EQAI does not provide legal, medical, tax, accounting, investment, employment, healthcare, or other regulated professional advice. Customers are responsible for reviewing AI outputs before relying on, publishing, sending, or acting on them in legally significant, financial, safety-sensitive, employment, healthcare, or regulatory contexts.
8. Intellectual Property
EQAI and its licensors retain all rights, title, and interest in EQAI’s services, software, prompts, system instructions, models, workflows, AI Partner structures, assessment logic, report structures, configuration methods, derivatives, and related know-how, excluding Customer Data. Unless EQAI expressly states otherwise in writing, all deliverables, configurations, workflows, prompts, assessments, reports, and related materials created through or for EQAI remain part of EQAI’s intellectual property. Customers receive a limited right to use them during the active subscription term in connection with the services.
9. Confidentiality
Each party agrees to use the other party’s confidential information only as needed to use or provide the services and to protect such information using reasonable care. Confidential information may be disclosed if required by law, subpoena, or court order.
10. Disclaimers
Except as expressly stated in these Terms, EQAI services, deliverables, AI outputs, and related materials are provided “as is” and “as available.” EQAI does not guarantee uninterrupted service, complete security, error-free outputs, specific business results, revenue outcomes, lead volume, conversion rates, return on investment, or customer acquisition results.
11. Limitation of Liability
To the maximum extent permitted by law, EQAI’s total liability arising from or relating to the services will not exceed the total amounts paid by the customer to EQAI during the twelve months before the event giving rise to the claim. EQAI will not be liable for indirect, incidental, special, consequential, punitive damages, lost profits, lost revenue, lost goodwill, loss of data, or business interruption where such limitations are permitted by law.
12. Term, Renewal, and Termination
The term, renewal, cancellation, and non-renewal rules are as shown in the selected package, checkout page, or Billing Terms. Unless otherwise stated in the selected package, subscriptions may automatically renew until canceled according to EQAI’s cancellation process. If a customer terminates without cause or stops using the services before the end of a committed term, all committed fees remain due. EQAI may terminate or suspend access for material breach, nonpayment, unlawful use, prohibited data submission, security risk, or misuse of the services.
13. Third-Party Services
EQAI may rely on third-party services, including payment processors, AI model providers, hosting providers, calendar tools, CRM tools, website platforms, and communication tools. EQAI is not responsible for failures, outages, or changes caused by third-party systems outside EQAI’s control.
14. Changes to Terms
EQAI may update these Terms from time to time. Updated terms will be posted with a new effective date. Continued use of EQAI after updated terms become effective constitutes acceptance of the updated terms, where permitted by law.
15. Governing Law
These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles. The state and federal courts located in Multnomah County, Oregon will have exclusive jurisdiction unless EQAI elects binding arbitration under the American Arbitration Association commercial rules in Portland, Oregon.
16. Entire Agreement
These Terms, together with the selected package terms, checkout terms, Billing Terms, Privacy Policy, and any written order form or agreement signed by EQAI, constitute the agreement between the customer and EQAI regarding the services.
17. Contact
Questions about these Terms may be sent to: support@eqintelligence.ai