Terms of Service

1. Acceptance of Terms

By using Everglade Systems services ("Everglade", "we", "us") website and services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.

Note: If you have a separate managed operations services or sales retainer through Stripe's recurring payment system or similar, the Subscription Agreement governs the subscription-specific terms. These Terms of Service apply to general website usage.

2. Description of Service

Everglade Systems LLC provides managed operations services, AI and automation solutions, and business automation, including:

• CRM system configuration
• Automations and workflows (follow-ups, reminders, triggers)
• AI receptionist configuration and monitoring
• Integrations with tools you use (email, calendar, QuickBooks)
• Ongoing adjustments and optimizations
• Digital marketing and branding services

Important: Our services are operational and technical in nature. We do not provide legal, tax, or financial advice.

3. User Obligations

As a user of our services you agree to:

• Provide accurate and complete information
• Use our services for lawful purposes only
• Not attempt to gain unauthorized access to our systems
• Not interfere with the proper functioning of our services

4. Social Media Account Connections

As part of our social media automation and consulting services, we may request access to your social media accounts (such as LinkedIn, Instagram, Facebook, or similar platforms) to schedule and manage content on your behalf.

Content Ownership

You confirm that you own or have the right to all content published through our services. You retain full ownership of all content posted to your accounts. We do not claim any intellectual property rights over content created for or published to your social media profiles.

Scope of Access

We do not use connected accounts to collect data, send unauthorized messages, or perform any actions outside the scope of the services you have engaged us to provide. Access is limited to the permissions required to deliver your requested services.

Platform Terms

When you grant us access to connected platforms (Instagram, Facebook, LinkedIn, TikTok), we agree to follow each platform's terms of service and applicable developer or API policies. You are responsible for ensuring that granting us access does not violate your own agreements with those platforms.

5. Client Responsibilities

Access & Accounts

You agree to provide timely access to the accounts, platforms, and tools necessary for us to deliver services. This includes CRM platforms, email accounts, calendar systems, payment processors, and any other systems relevant to the scope of work. Delays caused by lack of access may affect project timelines.

Content & Data

You are responsible for ensuring that any content, data, or materials you provide to us are accurate, lawful, and do not infringe on the intellectual property rights of any third party. You confirm that you have the authority to share any business data provided to us for the purpose of delivering services.

Lawful Use

You agree to use our services and any systems, automations, or tools we configure on your behalf only for lawful business purposes. You will not use our services to send unsolicited communications, violate anti-spam laws, or engage in any activity that violates applicable local, state, or federal regulations.

6. Intellectual Property Rights

Our Rights

All proprietary tools, templates, workflows, frameworks, and methodologies developed by Everglade Systems remain our intellectual property. You are granted a non-exclusive, non-transferable license to use these tools as part of the services provided during your engagement with us.

Your Rights

You retain ownership of your business data, content, branding, and any materials you provide to us. Any custom configurations, automations, or systems built specifically for your business using your accounts and platforms are yours to keep and use after the engagement ends.

Showcase Rights

Unless otherwise agreed in writing, we reserve the right to reference your company name and a general description of the work performed as part of our portfolio, case studies, and marketing materials. We will not disclose confidential business data or proprietary details without your consent.

7. Payment Terms

Payment Terms

Payment is due as outlined in your proposal or subscription agreement. One-time project fees are due upon execution of the agreement unless otherwise specified. Subscription fees are billed on a recurring basis (monthly or quarterly) as outlined in your Subscription Agreement.

Fees

All fees are quoted in US dollars. We reserve the right to adjust pricing with 30 days' written notice. Any pricing changes will apply to the next billing cycle, not retroactively.

Late Payments

If payment is not received within 7 days of the due date, we reserve the right to pause or suspend services until the balance is resolved. A late fee of 1.5% per month may be applied to overdue balances.

Chargebacks

If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we reserve the right to immediately suspend all services, revoke access to systems and tools configured on your behalf, and pursue collection of the disputed amount plus any associated fees.

Taxes

You are responsible for any applicable taxes, duties, or government charges associated with the services. Our quoted fees do not include sales tax unless explicitly stated.

8. SMS Communications

By submitting a form on our website, you consent to receive SMS/text messages from Everglade Systems regarding your inquiry, scheduling, and services.

• Message and data rates may apply.
• Message frequency varies.
• Reply STOP to opt out at any time. Reply HELP for help.
• We will never share your phone number with third parties for their marketing purposes.

For support, email info@evergladesystems.com.

9. Project Terms and Deliverables

Project Scope

The scope of work for each project or engagement will be defined in a proposal or statement of work. Any changes to the scope may result in adjusted timelines and fees, which will be communicated and agreed upon in writing before work proceeds.

Project Completion

We will make reasonable efforts to complete projects within the estimated timeline. However, timelines are estimates and may be affected by factors outside our control, including delays in receiving access, content, or approvals from the client. We are not liable for delays caused by circumstances beyond our reasonable control.

10. Service Level & Disclaimers

Availability

We strive to maintain high availability and responsiveness. However, we do not guarantee uninterrupted access to our services. Scheduled maintenance, third-party outages, and unforeseen technical issues may temporarily affect service availability.

AI Automation Limitations

Our AI and automation solutions are designed to improve efficiency and streamline operations, but they are not infallible. AI systems may occasionally produce unexpected results, and automated workflows depend on the accuracy of input data and the reliability of third-party integrations. We monitor and optimize systems regularly but cannot guarantee error-free operation.

No Guarantees of Results

While we build systems designed to improve your business operations, we do not guarantee specific business outcomes, revenue increases, lead generation numbers, or other measurable results. Results depend on many factors outside our control, including market conditions, your team's adoption of new systems, and the quality of your existing processes.

All performance metrics, statistics, and results displayed on the Everglade Systems website (including but not limited to "$10K+ in new monthly revenue," "18+ hours saved per week," and "40+ businesses automated") represent averages or individual results across past clients and are not guarantees of future performance. Results vary significantly based on industry, market conditions, client participation, existing business operations, and other factors outside Everglade's control.

"As Is" Disclaimers

Our 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, or non-infringement. We do not warrant that our services will meet all of your requirements or that they will be error-free.

11. Maya AI Assistant

Our website features Maya, an AI-powered chat assistant designed to answer questions about Everglade Systems' services, provide general information, and help direct inquiries. Maya is powered by artificial intelligence and may not always provide perfectly accurate or complete responses.

Maya is not a substitute for professional advice. Any information provided by Maya is for general informational purposes only and should not be relied upon as legal, financial, or technical advice. For specific questions about your project or engagement, please contact our team directly.

By interacting with Maya, you acknowledge that conversations may be logged for quality assurance and service improvement purposes. Personal information shared with Maya is subject to our Privacy Policy.

12. AI-Generated Communications Disclaimer

Everglade builds AI-powered systems that generate communications (phone calls, text messages, emails, chat responses) on behalf of clients. Client acknowledges and agrees that:

• AI-generated communications may contain inaccuracies, errors, or inappropriate responses
• Client is responsible for reviewing, approving, and monitoring AI response templates and outputs
• Everglade is not liable for business losses, customer complaints, or legal claims arising from AI-generated communications
• AI communications are provided as a tool and do not constitute professional, legal, financial, or medical advice
• Client should implement human oversight for critical communications (pricing quotes, service guarantees, contractual commitments)

13. Client TCPA Compliance Obligations

When Everglade sends SMS or text messages on behalf of a client to the client's customers, leads, or contacts:

• Client warrants and represents that they have obtained proper consent from all recipients as required by the Telephone Consumer Protection Act (TCPA) and applicable state laws
• Client is responsible for maintaining records of consent
• Client indemnifies and holds harmless Everglade Systems from any TCPA claims, penalties, fines, or litigation arising from messages sent to client-provided contact lists
• Everglade will implement opt-out mechanisms (STOP/unsubscribe) but client is responsible for ensuring initial consent was properly obtained
• TCPA violations carry penalties of $500 to $1,500 per unsolicited message. Client assumes full responsibility for the legality of their contact lists.

14. Email Campaign Compliance

For cold email and outbound email campaigns managed by Everglade:

• Client must provide a valid physical mailing address to include in email footers as required by the CAN-SPAM Act
• All campaigns include functioning unsubscribe mechanisms
• Client warrants that email contact lists are legally obtained and not purchased from third-party spam list providers
• Client is responsible for honoring unsubscribe requests within 10 business days
• Everglade will manage deliverability and technical compliance, but client assumes responsibility for the legality of their contact lists and the accuracy of their business claims in email content

15. Third-Party Platform Automation

Everglade may configure automations that interact with third-party platforms including but not limited to LinkedIn, Instagram, Facebook, Google, HubSpot, and other services. Client acknowledges and agrees that:

• Automation on certain platforms (particularly LinkedIn and Meta platforms) may violate those platforms' terms of service
• Everglade is not liable for account suspensions, bans, restrictions, or data loss imposed by third-party platforms as a result of automation activities
• Client assumes the risk of using automation tools on platforms that prohibit or restrict automated activity
• If a client's account is suspended or banned, Everglade is not obligated to restore access or provide compensation
• Everglade will use commercially reasonable efforts to follow platform best practices, but cannot guarantee compliance with constantly changing platform policies

16. Lead Generation and Data Collection

Everglade's lead generation services may involve collecting publicly available business information from professional networking platforms, business directories, search engines, and public records. Client acknowledges that:

• Data enrichment uses publicly available information and may not always be accurate or current
• Client is responsible for compliance with all applicable data protection laws (including GDPR, CCPA, and state privacy laws) when using data provided by Everglade
• Everglade makes no warranty about the accuracy, completeness, or legality of third-party data
• Client agrees not to use scraped or enriched data for purposes that violate applicable law

17. Consulting and Advisory Services

Everglade offers paid consulting sessions covering automation strategy, workflow design, tool selection, and system architecture. Client acknowledges that:

• Consulting services are informational and educational in nature
• Consulting does not constitute professional, legal, financial, tax, or medical advice
• Client is solely responsible for business decisions made based on consulting guidance
• Everglade is not liable for business outcomes resulting from consulting recommendations
• No consulting engagement creates a fiduciary relationship between Everglade and client

18. Limitation of Liability

Disclaimer

To the fullest extent permitted by law, Everglade Systems LLC, its founders, employees, contractors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services.

Limitation

This includes, without limitation, damages for loss of profits, data, business opportunities, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

Maximum Liability

Our total aggregate liability for any claims arising out of or related to these terms or your use of our services shall not exceed the total amount you have paid to Everglade Systems in the twelve (12) months immediately preceding the event giving rise to the claim.

19. Indemnification

You agree to indemnify, defend, and hold harmless Everglade Systems LLC, its founders, employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services, your violation of these terms, your violation of any third-party rights, or any content or data you provide to us in connection with the services.

20. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement. Confidential information includes business strategies, customer data, technical specifications, pricing, and any other information that is not publicly available.

Confidentiality obligations survive the termination of the engagement for a period of two (2) years, unless the information becomes publicly available through no fault of the receiving party.

21. Termination

Termination for Cause

Either party may terminate the engagement if the other party materially breaches these terms and fails to cure the breach within 14 days of receiving written notice. We also reserve the right to terminate services immediately if you engage in fraudulent activity, violate applicable laws, or use our services in a manner that could harm our reputation or other clients.

Effect of Termination

Upon termination, you remain responsible for any outstanding fees for services already rendered. We will provide reasonable assistance in transitioning your systems and data, subject to payment of any outstanding balances. Access to proprietary tools and templates licensed during the engagement will be revoked upon termination.

22. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, internet outages, third-party service failures, cyberattacks, or acts of war or terrorism. The affected party will provide prompt notice and make reasonable efforts to resume performance.

23. Governing Law and Dispute Resolution

Informal Resolution First

Before initiating any formal dispute resolution process, both parties agree to attempt to resolve any dispute informally by contacting each other directly. We will make good-faith efforts to resolve any concerns within 30 days of receiving written notice of a dispute.

Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Miami-Dade County, Florida.

Venue

These terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought in the courts of Miami-Dade County, Florida.

24. Changes to Terms

We reserve the right to modify these terms at any time. We will provide notice of material changes by updating the "Last updated" date at the top of this page. Your continued use of our services after changes are posted constitutes acceptance of the revised terms. We encourage you to review these terms periodically.

25. Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

26. Contact Information

If you have any questions about these terms of service, please contact us:

Email: info@evergladesystems.com