Terms of Service

1. Acceptance of Terms

By accessing or using the EssTech AI website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and EssTech AI ("Company," "we," "our," or "us"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website.

2. Description of Services

EssTech AI provides artificial intelligence consulting, custom AI solutions, workflow automation, marketing analytics, and AI training services. Our Services include:

• Custom AI solution development and implementation
• Business process automation and optimization
• Marketing analytics and customer insights
• AI training and educational programs
• Consulting and strategic planning services
• Technical support and maintenance

3. User Accounts and Registration

3.1 Account Creation

To access certain Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

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.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

4. A2P Messaging Terms and Conditions

4.1 Program Description

EssTech AI operates an Application-to-Person (A2P) messaging program to send business communications, including appointment reminders, service updates, promotional offers, and customer support messages via SMS/MMS text messaging to subscribers who have provided explicit consent.

4.2 Consent and Opt-In

By providing your mobile phone number and checking the opt-in box or responding "YES" to our initial message, you expressly consent to receive automated text messages from EssTech AI at the number provided. You represent that you are the account holder for the mobile number provided or have authorization from the account holder to opt in to receive messages.

4.3 Message Frequency and Charges

Message frequency varies based on your interaction with our services. You may receive appointment confirmations, service updates (as needed), and promotional messages (up to 4 per month). Message and data rates may apply. Standard messaging charges from your wireless carrier will apply to each message sent or received. EssTech AI is not responsible for any charges incurred from your wireless carrier.

4.4 Opt-Out Instructions

You may opt out of receiving messages at any time by:

• Replying "STOP" to any message
• Texting "UNSUBSCRIBE" to our number
• Contacting us at info@esstechai.com

After opting out, you will receive a confirmation message, and no further messages will be sent unless you opt in again.

4.5 Support and Help

For customer support regarding our messaging program, reply "HELP" to any message or contact us at info@esstechai.com.

4.6 Liability and Disclaimers

EssTech AI and its service providers are not liable for delayed or undelivered messages. Message delivery is subject to carrier network availability and may be affected by factors beyond our control. We reserve the right to terminate the messaging program or your participation at any time without notice.

4.7 Legal Compliance

This program complies with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other applicable federal and state regulations governing commercial messaging.

5. Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit harmful, offensive, or inappropriate content
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems
• Use our Services for competitive intelligence or benchmarking
• Reverse engineer, decompile, or disassemble our software
• Distribute malware, viruses, or other harmful code
• Engage in fraudulent or deceptive practices

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, software, and materials provided through our Services, including but not limited to text, graphics, logos, software, and AI models, are owned by or licensed to EssTech AI and are protected by intellectual property laws.

6.2 Your Content

You retain ownership of any content you provide to us. By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and distribute your content solely for the purpose of providing our Services.

6.3 Custom Solutions

Custom AI solutions developed specifically for you will be governed by separate agreements. Generally, you will own the custom solutions while we retain rights to underlying technologies and methodologies.

7. Payment Terms

7.1 Fees and Billing

Fees for our Services will be specified in separate service agreements or proposals. Payment terms, including due dates and accepted payment methods, will be outlined in your service agreement.

7.2 Late Payments

Late payments may result in service suspension and additional fees. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law.

7.3 Refunds

Refund policies will be specified in your service agreement. Generally, custom development work and completed services are non-refundable.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Service Level Agreements

Service level commitments, including uptime guarantees, response times, and performance metrics, will be specified in separate service level agreements (SLAs) where applicable.

10. Disclaimers and Limitations

10.1 Service Availability

While we strive to maintain high availability, we do not guarantee that our Services will be uninterrupted, error-free, or completely secure. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time.

10.2 AI Technology Limitations

AI technologies have inherent limitations and may not always produce accurate or expected results. You acknowledge that AI solutions require ongoing monitoring and may need adjustments over time.

10.3 Third-Party Services

Our Services may integrate with third-party platforms and services. We are not responsible for the availability, functionality, or security of third-party services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ESSTECH AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless EssTech AI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of our Services, violation of these Terms, or infringement of any third-party rights.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

13.2 Arbitration

Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class action, collective action, or representative proceeding.

14. Termination

Either party may terminate these Terms at any time with or without cause. Upon termination, your right to use our Services will cease immediately, and we may delete your account and data in accordance with our data retention policies.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

16. Contact Information

For questions about these Terms of Service, please contact us: