These Terms of Use ("Terms") govern your access to evasystems.ai and to the EVA platform (together, the "Services"), provided by EVA Systems LLC, an Arizona limited liability company ("EVA Systems," "we," "us"). By accessing the website or using the platform, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
If you use the platform on behalf of a business, you represent that you are authorized to bind that business, and "you" means that business.
You must be at least 18 years old and able to enter a binding contract. The EVA platform is a business tool made available to subscribing dealerships and their authorized personnel. It is not offered to consumers for personal use.
EVA Systems provides AI-driven software for the retail automotive industry, including EVA CRM, a customer relationship management and communications platform, and access to EVA Listing Agent, a vehicle-sourcing application offered as a separate service. Access to specific features depends on your subscription and on the permissions your organization grants you.
We may modify, improve, or discontinue features. We will not make a change that materially reduces core functionality during a paid subscription term without notice.
Your organization's administrators create and manage user accounts and set each user's permissions. You are responsible for keeping your credentials confidential and for activity under your account, and you agree to notify us promptly at rt@evasystems.ai of any unauthorized use. We may suspend an account that we reasonably believe is compromised or is being used in violation of these Terms.
You agree not to: use the Services in violation of any law or regulation; use the Services to send unlawful, harassing, deceptive, or unsolicited communications; upload malicious code or attempt to gain unauthorized access to the Services or another organization's data; interfere with or disrupt the Services; reverse engineer, decompile, or attempt to derive source code; resell or sublicense access without our written agreement; or use the Services to build a competing product.
Program name: EVA Platform Notifications
What it is. EVA Systems sends text message notifications to authorized users of the EVA platform: employees of subscribing dealerships and EVA Systems personnel. Messages concern work assigned to you in the platform, items awaiting your response, escalations directed to you, and availability questions. This program does not send marketing messages and does not send messages to consumers.
How you join. Your mobile number is entered in your platform user profile, either by your organization's administrator or by you. At the point of entry the platform displays: "EVA will send you work notifications by text. Message frequency varies. Message and data rates may apply. Reply STOP to opt out, HELP for help." Participation is not required to use the EVA platform.
Message frequency. Message frequency varies.
Cost. Message and data rates may apply.
How to opt out. Reply STOP to any message. You may also opt out by clearing your mobile number in your platform profile, or by contacting your administrator or rt@evasystems.ai. Opting out of text notifications does not disable notifications inside the EVA platform.
How to get help. Reply HELP, email rt@evasystems.ai, or call (737) 600-2659.
Delivery. Wireless carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and device.
Privacy. Our handling of your mobile information is described in our Privacy Policy at [https://evasystems.ai/privacy]. Your mobile information will not be sold or shared with third parties for promotional or marketing purposes.
Your data stays yours. Information your organization enters into the platform, including its customer records, remains your organization's property. You grant us the rights necessary to host and process it to provide the Services.
You are responsible for your own communications compliance. If your organization uses the platform to communicate with its customers, your organization is solely responsible for obtaining and maintaining all legally required consent, honoring opt-out requests, and complying with the Telephone Consumer Protection Act, CAN-SPAM, carrier and messaging-industry requirements, and all other applicable laws. You are responsible for the accuracy of the contact data you load and for the content of messages sent under your organization's own registrations.
Our messaging registration does not cover yours. EVA Systems' own carrier registrations cover EVA's platform notifications to authorized users. They do not authorize your organization's messaging to consumers, which requires your organization's own brand and campaign registration.
You agree to indemnify and hold EVA Systems harmless from claims arising out of your organization's communications with its customers or its failure to obtain required consent.
The Services, including all software, interfaces, documentation, and the EVA name and marks, are owned by EVA Systems and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription, for your internal business purposes only. No other rights are granted.
Feedback you provide about the Services may be used by us without restriction or obligation.
Fees, subscription terms, and payment schedules are set out in your order form or subscription agreement with us. Unless that agreement says otherwise, fees are non-refundable and we may suspend access for non-payment after notice.
The Services rely on and may interoperate with third-party providers, including telecommunications carriers and hosting providers. We are not responsible for third-party services, and your use of them may be subject to their terms.
The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that AI-generated output will be accurate or suitable for any particular purpose.
AI output requires human judgment. The platform produces automated recommendations, drafts, and communications. Your organization is responsible for reviewing and supervising their use.
To the fullest extent permitted by law, EVA Systems will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services, even if advised of the possibility. Our total aggregate liability arising out of or relating to the Services will not exceed the amounts you paid us for the Services in the twelve months preceding the event giving rise to the claim.
These Terms apply while you use the Services. Your organization's subscription term is governed by your order form. We may suspend or terminate access for material breach of these Terms. On termination, your right to use the Services ends; provisions that by their nature should survive, including Sections 7, 8, 11, 12, and 14, will survive.
These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules. The state and federal courts located in Arizona will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and you consent to that jurisdiction and venue.
We may update these Terms. When we do, we will revise the "Last updated" date above and, where the change is material, provide notice through the Services or by email. Continued use after a change takes effect constitutes acceptance.
