Acceptance and authority
Effective date:
By accessing or using Operator OS, you agree to this agreement. If you use Operator OS for a business or other organization, you represent that you have authority to bind that customer to this agreement. If you cannot agree to these terms or bind the customer, you must not access or use the service.
Eligibility and business use
Operator OS is offered for business use by authorized users who are at least 18 years old. Customers and their users must use the service in compliance with applicable law, this agreement, and the policies of the organization that authorized their access.
Limited license
Subject to this agreement, Erviq grants the customer a limited, revocable, nonexclusive, nontransferable right for its authorized users to access and use the hosted service for the customer's internal business purposes during the term of this agreement.
The service is licensed, not sold. No ownership of software or other intellectual property transfers to the customer or any user. Erviq and its licensors reserve all rights, title, and interest in the service, including its software, design, documentation, and related intellectual property, except for the limited rights expressly granted in this agreement.
Accounts and authorized users
The customer is responsible for designating authorized users, maintaining accurate account and organization information, protecting sessions and sign-in links, and all activity conducted through its organization and authorized users. The customer must promptly notify Erviq at hello@erviq.com if it suspects unauthorized access, misuse of a sign-in link, or compromise of an account.
Customer data and permissions
As between the parties, the customer retains its rights in data it or its authorized users provide, connect, or make available through the service. The customer grants Erviq only the rights reasonably necessary to host, process, transmit, and display that data to provide, protect, maintain, and support the service.
The customer represents that it has all authority, rights, notices, and permissions required to connect each account and to allow Erviq to process the data supplied through or obtained from that account, including data concerning the customer's clients, prospects, contacts, and personnel.
Third-party services
The service interoperates with third-party services, including Google Workspace, QuickBooks Online, and OpenAI. The customer's and its users' use of those services remains subject to the applicable providers' terms, policies, permissions, and account requirements.
Erviq does not control and is not responsible for a third-party provider's outages, service changes, access restrictions, security decisions, or account decisions. Access to a connected service may stop if a provider grant is revoked, expires, is restricted, or otherwise becomes unauthorized. Features that rely on that access may then be delayed, incomplete, or unavailable.
Approval and automation boundaries
Operator OS uses deterministic rules to detect potential unanswered sales leads and overdue invoices. AI-assisted features may summarize stored evidence, explain why a case may matter, recommend an action, identify uncertainty, and propose draft text. AI outputs and other service outputs may be incomplete or incorrect and are not a substitute for the customer's business judgment.
Operator OS creates a Gmail draft only after explicit owner approval. It does not automatically send email and does not write to QuickBooks.
Calendar access is optional and read-only. When the customer enables it, Operator OS reads limited event metadata from the connected owner's primary calendar only to confirm accepted meetings. It does not read secondary or shared calendars and does not create, update, or delete Calendar events.
The customer is responsible for reviewing and, where appropriate, editing every output before approval or use. The customer is also responsible for deciding whether to send a draft, communicate with a third party, or take any other action based on an output.
Acceptable use
The customer and its users must not use the service to:
- engage in unlawful, fraudulent, infringing, abusive, deceptive, or harmful conduct;
- access an account, system, or data without authorization, or test or scan a system for vulnerabilities without prior written permission;
- interfere with the service, distribute malware, share credentials or sign-in links, scrape the service, resell or sublicense access, or bypass technical or usage limits;
- reverse engineer, decompile, or attempt to derive source code or nonpublic service components, except to the extent applicable law does not permit that restriction; or
- make autonomous legal, tax, lending, employment, insurance, health, or similarly high-impact decisions about any person or organization.
Confidentiality and privacy
Each party will use reasonable care to protect the other party's nonpublic confidential information and will use it only to perform or receive the service or exercise rights under this agreement. Confidential information does not include information that becomes public without breach, was already lawfully known without a duty of confidentiality, is received lawfully from another source without such a duty, or is independently developed without use of the other party's confidential information.
A party may disclose confidential information to its personnel, professional advisers, and service providers who need it and are bound to protect it. A party may also disclose information when law requires it, provided it gives notice when legally permitted and reasonably cooperates with efforts to limit the disclosure.
The Privacy Policy describes and is incorporated into this agreement for Erviq's data practices.
Feedback
Feedback is voluntary. The customer grants Erviq a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate feedback without restriction or compensation. This right does not permit Erviq to disclose the customer's confidential information or publicly identify the customer as the source of feedback without permission.
Service changes, suspension, and termination
Erviq may make reasonable changes to service features. It may suspend or limit access when reasonably necessary to address a security risk, a third-party provider restriction or failure, a legal requirement, or a material breach of this agreement. When reasonably practicable, Erviq will give notice of a suspension and work to restore access after the cause is resolved.
The customer may stop using the service at any time. Either party may terminate the customer's access subject to the terms of any separate written agreement or order form. Termination does not affect rights or obligations that accrued before termination.
Payment obligations and provisions concerning ownership, confidentiality, disclaimers, limitation of liability, indemnification, disputes, and general terms survive termination to the extent their nature requires.
Disclaimers
To the fullest extent permitted by law, the service is provided AS IS and AS AVAILABLE, without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
Erviq does not warrant that the service will be uninterrupted, error-free, secure, or able to detect every relevant lead, invoice, issue, or condition, or that any output will be complete or accurate. Operator OS does not provide legal, tax, accounting, financial, or other professional advice. Nothing in this agreement excludes or disclaims a warranty that applicable law does not permit the parties to waive.
Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, lost revenue, or lost data, arising out of or related to the service or this agreement, even if advised that such damages were possible.
Erviq's total aggregate liability is limited to the greater of the fees paid or payable for Operator OS during the 12 months before the event giving rise to the claim or USD 100. Nothing in this agreement excludes or limits liability that cannot lawfully be excluded or limited.
Indemnification
The customer will defend, indemnify, and hold harmless Erviq and its officers, directors, employees, and agents from third-party claims, damages, judgments, losses, costs, and reasonable legal fees arising from customer data that violates law or a third party's rights, the customer's failure to obtain required authority or permissions, or the customer's or its users' prohibited use of the service.
Erviq will give prompt notice of a covered claim and provide reasonable cooperation at the customer's expense. The customer may control the defense with counsel reasonably acceptable to Erviq, and Erviq may participate at its own expense. The customer may not settle a claim unless the settlement fully releases Erviq and imposes no admission, liability, or nonmonetary duty on Erviq.Erviq will not settle a covered claim in a way that admits fault by the customer or imposes a nonmonetary duty on the customer without the customer's consent, which will not be unreasonably withheld.
Governing law and venue
New Jersey law governs this agreement without regard to its conflict-of-law rules. The state and federal courts serving Hudson County, New Jersey have exclusive jurisdiction over disputes arising from or relating to this agreement or the service, and each party consents to those courts' personal jurisdiction and venue, subject to any nonwaivable rights under applicable law.
Changes to this agreement
Erviq may update this agreement from time to time and will post an updated effective date. Where appropriate, Erviq will provide reasonable notice before a material change takes effect. Continued use after an updated agreement takes effect constitutes acceptance of the change only where legally permitted.
General terms
- Assignment. The customer may not assign or transfer this agreement without Erviq's prior written consent. Erviq may assign it in connection with a merger, reorganization, sale of assets, or transfer of the service, provided the assignee assumes the applicable obligations.
- Severability. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
- Waiver. A failure or delay in enforcing a provision is not a waiver, and a waiver must be in writing and signed by the waiving party.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this does not excuse payment obligations that accrued before the event.
- Entire agreement. This agreement, the Privacy Policy, and any applicable written order form or other signed agreement are the entire agreement about the service and replace prior or contemporaneous agreements on that subject.
- Order of precedence. If an expressly conflicting term appears in a written agreement or order form signed by both parties, that signed term controls over this agreement to the extent of the conflict.
Contact
Questions about this agreement may be sent to:
Erviq133 33rd St, Union City, New Jersey 07087
hello@erviq.com