EQ INTELLIGENCE AI, INC.
TERMS AND CONDITIONS
Effective Date: 7/1/2026
These Terms and Conditions (“Terms”) govern access to and use of EQ Intelligence AI, Inc. (“EQAI,” “we,” “us,” or “our”) software, Customer Intelligence Platform, AI Partner technology, conversational AI services, assessments, reports, workflows, analytics, attribution tools, dashboards, integrations, implementation services, managed services, support, and related products and services (collectively, the “Services”).
By creating an account, selecting a package, accepting an Order Form, checking an acceptance box, completing checkout, paying an invoice, or accessing or using the Services, you agree to these Terms.
If you accept these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity. In that case, “Customer” or “you” refers to that entity.
1. Services
EQAI provides software-enabled customer intelligence and AI Partner services that may include conversational AI, lead capture, customer-intent identification, behavioral and attribution analytics, campaign tracking, assessments, personalized reports, knowledge-source configuration, plan and offer routing, customer-journey workflows, dashboards, audit intelligence, GA4 and Google Tag Manager integrations, CRM and API integrations, automation, implementation, onboarding, optimization, reporting, and related services based on the package or scope purchased by Customer.
Specific functionality, usage allowances, implementation services, support levels, integrations, data capacity, and managed services may vary by package, Order Form, proposal, or other written agreement.
EQAI may improve, update, modify, add to, or change the Services from time to time. EQAI will not materially reduce the core functionality of a paid package during the then-current paid term except where reasonably necessary because of security, legal or regulatory requirements, technical limitations, abuse prevention, operational requirements, or changes to third-party services or dependencies.
2. Account, Authority, and License
Subject to Customer’s payment obligations and compliance with these Terms, EQAI grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to access and use the Services for Customer’s internal business purposes and for engagement with Customer’s own prospects, customers, guests, members, users, or other authorized audiences.
Customer is responsible for maintaining the confidentiality of account credentials and for activity occurring through its authorized accounts.
Customer may not sell, resell, sublicense, rent, lease, distribute, commercially exploit, or make the Services available to third parties except as expressly authorized by EQAI in writing.
3. Fees, Billing, and Payment
Customer agrees to pay all fees specified at checkout, in the applicable package, proposal, invoice, Order Form, or other written agreement.
Fees may include, as applicable:
Setup and implementation fees;
Recurring platform or subscription fees;
Managed-service fees;
Usage or overage charges;
Additional AI Partner, location, brand, user, data-capacity, integration, or feature fees;
Professional-service fees;
Installment payments; and
Applicable taxes.
Setup and implementation fees are separate from recurring subscription fees unless expressly stated otherwise.
Except as expressly stated in an applicable Order Form, package, Billing Terms, refund policy, or as required by applicable law, fees paid are non-refundable and payment obligations are non-cancelable.
Customer authorizes EQAI and its payment processor to charge the payment method provided for all amounts due.
Recurring subscriptions will be billed according to the billing frequency selected by Customer.
Customer is responsible for maintaining valid payment information.
EQAI may suspend access for overdue amounts after providing notice and a reasonable opportunity to cure undisputed payment obligations.
Customer remains responsible for all undisputed amounts incurred before suspension or termination.
4. Subscription Renewal and Cancellation
Unless otherwise stated in the applicable package, Order Form, checkout page, or Billing Terms, recurring subscriptions automatically renew for successive periods equal to the original billing period until canceled.
Cancellation prevents future renewal but does not ordinarily create a refund for amounts already paid or eliminate payment obligations associated with an existing committed term.
If Customer has agreed to an annual, fixed-term, installment, minimum-spend, or other committed arrangement, cancellation or non-use before expiration does not eliminate Customer’s obligation to pay committed amounts unless otherwise stated in writing.
Cancellation procedures, renewal terms, notice requirements, and any applicable refund provisions are further described in EQAI’s Billing Terms.
5. Usage and Overages
Certain packages may include usage allowances or capacity limits.
Usage may be measured using metrics including sessions, website visits, conversations, messages, model calls, tokens, tool use, AI activity, assessments, reports, users, leads, locations, campaigns, tracked events, data volume, API usage, or similar operational metrics.
Usage exceeding included allowances may result in additional charges, required plan upgrades, reduced functionality, or other usage-management measures according to the applicable package or overage schedule.
EQAI may implement reasonable technical controls to prevent excessive, abusive, or unauthorized usage.
6. Customer Responsibilities
Customer must provide timely, accurate, complete, and lawful information and materials reasonably necessary for EQAI to provide the Services.
This may include branding assets, website content, knowledge sources, offer information, pricing, product or service information, assessment content, website access, links, calendar or booking information, CRM information, analytics identifiers, integrations, approvals, and other configuration materials.
Customer is responsible for the accuracy, completeness, legality, and currency of information and instructions it provides to EQAI.
Customer remains responsible for its own websites, advertising accounts, funnels, calendars, CRMs, payment systems, communications platforms, analytics properties, third-party software, and other external systems unless expressly included within Customer’s purchased scope.
Customer is responsible for reviewing and approving material business information, offers, pricing, claims, disclosures, routing logic, assessment content, and other Customer-specific content made available through the Services.
7. Privacy, Notices, and Customer Compliance
Customer is responsible for ensuring that its use of EQAI complies with applicable privacy, consumer-protection, marketing, communications, and data-protection laws applicable to Customer’s business and audience.
Where required, Customer is responsible for:
Maintaining appropriate website privacy notices and disclosures;
Providing required notices regarding AI, analytics, cookies, tracking technologies, or data collection;
Obtaining legally required consent from visitors or users;
Ensuring Customer has lawful authority to provide personal information and other Customer Data to EQAI;
Configuring consent-management tools where legally required; and
Complying with applicable obligations relating to marketing, communications, lead follow-up, or use of collected information.
Where applicable, the parties may enter into a separate Data Processing Addendum governing EQAI’s processing of personal information on Customer’s behalf.
8. Restricted and Prohibited Data
Customer may not knowingly provide EQAI with data that Customer is not legally authorized to process or disclose.
Unless EQAI has expressly approved the use case in writing and the parties have entered into any required agreements, Customer may not submit:
Protected health information regulated by HIPAA;
Payment card information other than through an approved payment processor;
Passwords, authentication secrets, or highly sensitive credentials;
Government identification numbers;
Data relating to children where specialized legal consent requirements apply;
Highly sensitive biometric, genetic, financial-account, or similar regulated data; or
Other categories of information EQAI designates as restricted.
9. Acceptable Use
Customer may not use or permit use of the Services to engage in unlawful, fraudulent, abusive, deceptive, malicious, infringing, or unauthorized activity.
Customer may not attempt to gain unauthorized access to EQAI systems, circumvent usage restrictions or security controls, introduce malicious code, interfere with platform operation, scrape or extract platform data through unauthorized automated means, reverse engineer the Services except to the limited extent such restriction is prohibited by law, impersonate others unlawfully, violate third-party rights, or use the Services in a manner reasonably likely to damage EQAI, its infrastructure, customers, providers, or reputation.
EQAI may investigate suspected misuse and may suspend or restrict Services where reasonably necessary to protect the platform, customers, end users, or third parties.
10. Customer Data
“Customer Data” means data, content, prompts, files, business information, website materials, branding, assessment responses, chat and conversation data, contact information, customer or prospect information, configuration data, and other materials submitted to or collected through the Services on Customer’s behalf.
As between Customer and EQAI, Customer retains ownership of Customer Data.
Customer grants EQAI a limited, worldwide right to host, copy, transmit, process, analyze, display, and otherwise use Customer Data only as reasonably necessary to provide, operate, secure, maintain, support, troubleshoot, administer, and improve the Services and fulfill EQAI’s contractual obligations.
Customer represents that it possesses all rights, permissions, notices, and consents necessary for EQAI to process Customer Data as contemplated by these Terms.
11. AI Training and Aggregated Data
EQAI does not sell Customer Data.
Unless Customer expressly authorizes otherwise, EQAI will not use identifiable Customer Data to train publicly available or third-party foundation models.
EQAI may generate and use aggregated, statistical, operational, analytical, or de-identified information derived from use of the Services where such information does not reasonably identify Customer or an identifiable individual.
EQAI may use such aggregated or de-identified information for lawful purposes including improving platform performance, security, analytics, product functionality, benchmarking, research, capacity planning, and development of EQAI technologies.
EQAI may also collect technical telemetry, usage statistics, performance information, error data, and similar operational information relating to use of the Services.
12. Data Security
EQAI will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, alteration, or disclosure.
Customer acknowledges that no internet-based platform, cloud service, AI system, or data-transmission method can guarantee absolute security.
Customer is responsible for maintaining appropriate security practices for Customer-controlled accounts, credentials, websites, integrations, devices, systems, and personnel.
Additional security requirements may be addressed in an applicable Order Form, Data Processing Addendum, or enterprise agreement.
13. AI-Specific Terms
The Services may use artificial intelligence, machine learning, large language models, automated classification, automated workflows, third-party AI providers, and related technologies.
AI-generated or AI-assisted outputs are probabilistic and may contain inaccuracies, omissions, incorrect classifications, non-unique language, outdated information, hallucinations, or bias.
EQAI does not warrant that AI-generated outputs will be error-free, complete, unique, or appropriate for every intended purpose.
Output quality may depend materially on the accuracy, completeness, quality, currency, structure, and configuration of Customer Data, Customer-provided knowledge sources, prompts, instructions, workflows, assessments, routing logic, and integrations.
Unless expressly agreed in writing, EQAI does not provide legal, medical, tax, accounting, investment, healthcare, employment, financial, or other regulated professional advice.
Customer is responsible for appropriate human review before relying on, publishing, transmitting, or acting on AI-generated content in legally significant, financial, safety-sensitive, healthcare, employment, regulatory, or other high-risk contexts.
14. EQAI Intellectual Property
EQAI and its licensors retain all rights, title, and interest in and to the Services and all underlying and related intellectual property.
EQAI intellectual property includes, without limitation:
Software and source code;
Platform architecture;
System prompts and orchestration methods;
AI Partner structures;
Data schemas and classification systems;
Customer-intelligence architecture;
Intent-detection and classification methodologies;
Conversation-to-intelligence transformation methods;
Data Flywheel methodology;
Assessment frameworks and interpretation structures;
Report architectures and reusable templates;
Attribution methodologies;
Audit methodologies;
Routing architectures;
Data-enrichment methods;
Analytics and reporting structures;
Reusable workflows and automations;
Configuration systems;
Algorithms;
Interfaces;
Methods;
Processes;
Models;
Know-how;
Improvements; and
Derivatives of the foregoing.
No ownership rights in EQAI intellectual property are transferred to Customer except for the limited rights expressly granted under these Terms or a separate written agreement.
15. Customer Materials and Customer-Specific Content
Customer retains ownership of Customer’s trademarks, logos, proprietary business information, website content, product information, service information, customer lists, proprietary questions, original written materials, and other materials Customer provides to EQAI.
To the extent Customer-specific deliverables contain Customer Materials, Customer retains ownership of those Customer Materials.
EQAI retains ownership of the underlying software, templates, frameworks, schemas, systems, methodologies, reusable components, architecture, and other EQAI intellectual property incorporated into or used to create Customer-specific configurations or deliverables.
Customer receives the rights necessary to use Customer-specific outputs and configurations during the applicable subscription term, subject to these Terms and any applicable Order Form.
Nothing in these Terms restricts Customer from using Customer-owned business information outside EQAI.
16. Feedback
If Customer provides suggestions, ideas, recommendations, feature requests, or other feedback concerning the Services, Customer grants EQAI the unrestricted right to use that feedback to improve or develop EQAI products and services without compensation or obligation to Customer.
Feedback will not include Customer Confidential Information or Customer Data unless separately authorized.
17. Confidentiality
Each party may receive confidential or proprietary information belonging to the other party.
Each party agrees to use the other party’s Confidential Information only as reasonably necessary to perform or receive the Services and to protect such information using at least reasonable care.
Confidential Information does not include information that is publicly available through no breach of these Terms, independently developed without use of Confidential Information, lawfully obtained from another source without confidentiality obligations, or already known without restriction.
A party may disclose Confidential Information where required by law, subpoena, court order, or governmental authority, provided that legally permitted notice is given to the other party.
18. Third-Party Services
EQAI may use or integrate with third-party services including AI model providers, cloud and hosting providers, analytics services, payment processors, CRMs, calendar and booking platforms, email and communications providers, website platforms, automation services, and other technology providers.
Third-party services may experience outages, modify functionality, change pricing, impose limits, discontinue services, modify models, change APIs, or otherwise affect EQAI functionality.
EQAI is not responsible for failures, interruptions, modifications, data practices, or other actions caused by third-party systems outside EQAI’s reasonable control.
EQAI may substitute or modify third-party providers where reasonably necessary to maintain or improve the Services.
Customer’s independent use of third-party services may also be governed by the applicable third party’s terms.
19. Beta, Preview, and Experimental Features
EQAI may make beta, pilot, preview, experimental, early-access, or pre-release features available from time to time.
Such features may be incomplete, modified, discontinued, or subject to additional limitations.
Unless otherwise expressly agreed in writing, beta or preview functionality is provided for evaluation and development purposes and may not receive the same service commitments as generally available functionality.
20. Disclaimers
Except as expressly provided in these Terms or another written agreement signed by EQAI, the Services, AI outputs, software, analytics, reports, recommendations, configurations, and related materials are provided “as is” and “as available.”
To the maximum extent permitted by law, EQAI disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
EQAI does not guarantee uninterrupted availability, absolute security, error-free operation, error-free AI outputs, specific rankings, customer acquisition results, lead volume, qualified lead volume, conversion rates, bookings, purchases, revenue, return on investment, advertising performance, or other business outcomes.
Examples, case studies, projections, benchmarks, and historical results do not guarantee future performance.
21. Indemnification
Customer will defend, indemnify, and hold harmless EQAI, its affiliates, officers, directors, employees, contractors, and agents from third-party claims, damages, liabilities, losses, costs, and reasonable legal fees arising from or relating to:
Customer Data or Customer Materials;
Customer’s products, services, website, marketing, offers, representations, or business practices;
Customer’s unlawful or unauthorized collection or use of personal information;
Customer’s failure to obtain required rights, permissions, disclosures, or consents;
Customer’s infringement or violation of third-party rights; or
Customer’s material breach of these Terms or unlawful misuse of the Services.
EQAI will provide reasonable notice of covered claims and reasonable cooperation in the defense.
Any broader or reciprocal indemnification obligations may be set forth in a separately negotiated enterprise agreement or Order Form.
22. Limitation of Liability
To the maximum extent permitted by applicable law, EQAI’s aggregate liability arising from or relating to the Services, these Terms, or Customer’s use of EQAI will not exceed the total amounts actually paid by Customer to EQAI during the twelve months immediately preceding the event giving rise to the claim.
To the maximum extent permitted by law, EQAI will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages; lost profits; lost revenue; lost business opportunity; lost goodwill; loss or corruption of data; business interruption; advertising losses; or the cost of substitute services, even if EQAI has been advised that such damages are possible.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
23. Suspension
EQAI may suspend, restrict, or limit access to some or all Services where reasonably necessary because of:
Nonpayment;
Material breach of these Terms;
Suspected unlawful or fraudulent activity;
Prohibited or restricted data;
Security threats;
Abusive usage;
Threats to EQAI infrastructure or third parties;
Violation of third-party provider requirements; or
Legal or regulatory requirements.
Where reasonably practicable, EQAI will provide notice and an opportunity to cure before suspension.
24. Term and Termination
The subscription term begins according to the applicable package, checkout, invoice, or Order Form and continues for the purchased term.
Customer may cancel renewal according to the applicable package and Billing Terms.
EQAI may terminate the Services for material breach that remains uncured after reasonable notice, nonpayment, unlawful use, repeated misuse, prohibited data submission, material security risk, or other grounds permitted under these Terms.
Upon termination:
Customer’s right to access and use the Services ends;
Outstanding payment obligations remain due;
Licenses granted under these Terms terminate except as expressly stated otherwise;
Customer should export data it wishes to retain during any available export period; and
EQAI may delete Customer Data according to its retention practices and applicable legal obligations.
Where technically and commercially reasonable, EQAI may provide a limited post-termination period for Customer to export Customer Data. Availability, format, and duration of such export access may depend on the applicable package and technical capabilities.
25. Survival
Provisions that by their nature should survive termination will survive, including provisions concerning payment obligations, intellectual property, confidentiality, disclaimers, indemnification, limitations of liability, governing law, and other accrued rights and obligations.
26. Force Majeure
Neither party will be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, power failures, cyberattacks not caused by the affected party’s failure to maintain reasonable safeguards, third-party infrastructure failures, or widespread provider outages.
This provision does not excuse Customer’s obligation to pay amounts already due.
27. Assignment
Customer may not assign or transfer these Terms or its rights under the Services without EQAI’s prior written consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of Customer’s relevant assets, provided the successor agrees to be bound by these Terms.
EQAI may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or transfer of the Services or relevant business operations.
28. Relationship of the Parties
The parties are independent contractors.
These Terms do not create a partnership, joint venture, agency, franchise, fiduciary relationship, employment relationship, or other similar relationship between Customer and EQAI.
Neither party has authority to bind the other except as expressly agreed in writing.
29. Notices and Electronic Communications
Customer agrees that EQAI may provide notices, invoices, service communications, renewal notices, account communications, and other legally permissible communications electronically through email, the Services, Customer’s account, or another electronic method associated with Customer’s account.
Customer is responsible for maintaining current contact information.
Formal legal notices to EQAI may be sent to support@eqintelligenceai.com unless another notice address is provided in a signed agreement.
30. Changes to Terms
EQAI may update these Terms from time to time to reflect changes in the Services, law, security requirements, technology, or business practices.
Updated Terms will be posted with a revised effective date.
Where legally required or where a change materially affects Customer’s rights during an existing paid term, EQAI will provide additional notice.
Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms where permitted by law.
31. Governing Law and Venue
These Terms and any dispute arising from or relating to the Services will be governed by the laws of the State of Oregon, without regard to conflict-of-law principles.
Except where prohibited by applicable law, the state courts located in Multnomah County, Oregon and the United States District Court having jurisdiction over Multnomah County, Oregon will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Services.
Each party consents to personal jurisdiction and venue in those courts.
32. Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
33. Waiver
Failure by either party to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.
A waiver is effective only if made in writing by the party granting the waiver.
34. No Third-Party Beneficiaries
Except as expressly stated in these Terms, no person or entity other than Customer and EQAI is intended to have rights or remedies under these Terms.
35. Order of Precedence
If there is a conflict between these Terms and a separately signed Order Form, enterprise agreement, or other written agreement executed by EQAI and Customer, the separately signed agreement will control with respect to the conflicting provision.
Unless otherwise stated, the applicable order of precedence is:
Signed agreement or Order Form;
Package-specific terms;
Billing Terms;
These Terms; and
Other incorporated policies.
36. Entire Agreement
These Terms, together with the applicable package terms, checkout terms, Billing Terms, Privacy Policy, Data Processing Addendum where applicable, and any Order Form or written agreement signed by EQAI and Customer, constitute the entire agreement between Customer and EQAI concerning the Services and supersede prior or contemporaneous discussions concerning the same subject matter.
37. Contact
Questions regarding these Terms or the Services may be sent to:
EQ Intelligence AI, Inc.
Email: support@eqintelligenceai.com
Privacy Policy: https://app.eqintelligenceai.ai/privacy
Billing Terms: https://app.eqintelligenceai.ai/billing-terms