Terms of Service

1. Acceptance of Terms

By accessing or using any services provided by Espo.ai ("we," "us," or "our"), including our website at espo.ai, platform applications, APIs, CRM tools, and any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

Espo.ai is a marketing technology platform that provides businesses with an integrated suite of tools, including:

• AI-powered chat agents for lead qualification and customer communication
• Customer Relationship Management (CRM) with contacts, deals, pipelines, and task management
• Email marketing and transactional email delivery
• SMS and text message communications
• Voice calling capabilities
• Appointment scheduling and calendar integration
• Marketing automation sequences
• Website development and hosting
• Analytics and reporting dashboards
• Embeddable chat widgets for client websites
• Programmatic API access for integrations

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify you of material changes that affect your use of the Services.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

If you create an account on behalf of an organization, you are responsible for ensuring that all members of your organization comply with these Terms. Organization owners and administrators are responsible for managing team member access and permissions.

We may suspend or terminate accounts that are inactive for an extended period or that we reasonably believe are being used in violation of these Terms.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Send unsolicited bulk messages (spam) via email, SMS, or any other communication channel
• Send SMS messages to recipients who have not provided explicit opt-in consent
• Violate any applicable laws or regulations, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any state consumer protection laws
• Use the Services to harass, threaten, defame, or intimidate any person
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems, networks, or other users' accounts
• Scrape, crawl, or use automated tools to extract data from the Services without our written permission
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Services to collect or store personal data about others without their knowledge or consent
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services for any purpose that is fraudulent, deceptive, or misleading
• Resell, sublicense, or redistribute the Services without our prior written consent

We reserve the right to investigate and take appropriate action against anyone who violates these prohibitions, including suspending or terminating access to the Services and reporting to law enforcement authorities.

5. SMS Communications

Program Name: Espo.ai Client Communications

By opting in to SMS communications from Espo.ai, you agree to receive automated and manually sent text messages. Types of messages you may receive include:

• Service updates and account notifications
• Appointment reminders and confirmations
• Marketing communications (only with explicit opt-in consent)
• Follow-up messages related to your inquiry or account

Message frequency varies based on your interaction with our services. Standard message and data rates from your carrier may apply.

You may opt out at any time by replying STOP to any message. Additional supported opt-out keywords include: UNSUBSCRIBE, CANCEL, END, and QUIT. After opting out, you will receive a confirmation message and no further SMS messages will be sent. Opting out of SMS does not affect other communications (email, phone calls, etc.). For assistance, reply HELP to any message.

Supported carriers include but are not limited to: AT&T, T-Mobile, Verizon, and all major US carriers. Carriers are not liable for delayed or undelivered messages.

Your consent to receive SMS is not a condition of purchasing any goods or services from Espo.ai.

If you use our platform to send SMS messages to your own contacts (e.g., through the CRM), you are responsible for ensuring that you have obtained proper consent from recipients and that your messages comply with all applicable laws, including TCPA and CTIA guidelines. Espo.ai provides tools to help you manage consent (such as opt-in tracking and Do Not Disturb flags), but compliance with messaging laws is ultimately your responsibility.

View our Privacy Policy for information on how your data is handled.

6. User Content

You retain ownership of all content you upload, create, or transmit through the Services ("User Content"), including CRM data, messages, files, and other materials.

By using the Services, you grant Espo.ai a limited, non-exclusive, worldwide license to host, store, transmit, and display your User Content solely as necessary to provide the Services to you. This license terminates when you delete your User Content or your account, except for copies retained in routine backups (which are deleted in accordance with our data retention schedule).

You are responsible for your User Content and represent that you have all necessary rights to upload, share, and use such content through the Services. You agree not to upload content that infringes on the intellectual property rights of others, violates any law, or contains material that is obscene, harmful, or otherwise objectionable. We do not monitor User Content proactively but reserve the right to remove content that violates these Terms upon becoming aware of it.

7. Intellectual Property

All content, features, and functionality of our Services are owned by Espo.ai and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our permission.

8. Payment Terms

If you purchase any of our paid Services, you agree to pay all applicable fees. Fees are non-refundable unless otherwise specified. Subscriptions are billed on a monthly basis unless otherwise agreed. All fees are quoted in US dollars.

If payment fails or is past due, we may suspend access to the Services until payment is received. Accounts with fees overdue by more than 30 days may be terminated.

We reserve the right to change our pricing with at least 30 days' prior notice. Continued use of the Services after a price change takes effect constitutes acceptance of the new pricing.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESPO.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES.

IN NO EVENT SHALL ESPO.AI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ESPO.AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ESPO.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify and hold harmless Espo.ai and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of our Services or violation of these Terms.

This indemnification obligation includes, without limitation, claims arising from: (a) your use of the Services in violation of these Terms, (b) your User Content, (c) your violation of any law or regulation, or (d) your SMS or email communications sent through the platform to your contacts.

12. Termination

We may terminate or suspend your access to our Services at any time, without prior notice or liability, for any reason, including if you breach these Terms of Service.

You may terminate your account at any time by contacting us at contact@espo.ai. Upon termination:

• Your right to access the Services will cease immediately
• We will retain your data for 30 days to allow for export, after which it will be permanently deleted
• You remain liable for any fees incurred prior to termination
• Sections that by their nature should survive termination will survive, including Sections 6 (User Content), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law)

13. Governing Law

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

14. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration shall take place in the State of Texas. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you may enter into with Espo.ai in connection with the Services, constitute the entire agreement between you and Espo.ai regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

17. Waiver

The failure of Espo.ai to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall not be deemed a continuing waiver of that term or any other term.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. Your continued use of our Services after any changes constitutes acceptance of the new Terms.

19. Contact Us

If you have any questions about these Terms of Service, please contact us at contact@espo.ai