Terms of Service.

1. Agreement

These Terms of Service ("Terms") are a binding agreement between the merchant using the service ("you") and MECHANICX LLC, a limited liability company registered in the State of Wyoming, United States ("we", "us"). By creating an account or using EverCore (available at evercore.app), you accept these Terms and our Privacy Policy. If you use the service on behalf of a business, you represent that you are authorized to bind that business.

2. The service

EverCore is a platform for managing cash-on-delivery orders. Depending on your plan and configuration, it receives orders from connected stores and spreadsheets, converses with your customers over the messaging channels you connect, confirms orders using AI-assisted and automated replies, and dispatches confirmed orders to your delivery carriers. We may add, change, or remove features as the service evolves.

3. Accounts

You must provide accurate information when creating an account and keep your credentials confidential. You are responsible for all activity under your account. Notify us promptly at support@evercore.dev if you suspect unauthorized use. You must be at least 18 years old, or the age of majority in your jurisdiction, to use the service.

4. Acceptable use

When using EverCore you agree that you will:

• Comply with the terms and policies of every platform you connect to the service, including the applicable Meta platform terms and policies for connected Instagram accounts.
• Comply with applicable anti-spam and electronic communication laws. Only message customers who have contacted your business or otherwise consented to be contacted.
• Not use the service to send unlawful, deceptive, harassing, or fraudulent content, or to sell goods that are illegal in your customers' jurisdiction.
• Not attempt to probe, disrupt, or gain unauthorized access to the service or to other users' data.
• Not resell or sublicense the service without our written consent.

We may suspend or terminate accounts that violate this section, including where a connected platform restricts or bans an account for policy violations.

5. Subscriptions and billing

Paid plans are billed monthly through our payment provider, Stripe, and renew automatically until cancelled. Plan pricing, credit allocations, and limits are shown on the pricing page and in your billing dashboard. You can cancel at any time from the dashboard; cancellation takes effect at the end of the current billing period, and you keep access until then.

Except where required by law, payments are non-refundable, and unused credits do not roll over or convert to cash. We may change prices with reasonable advance notice; changes apply from your next billing period.

6. Your responsibility for customer communications

You are responsible for the communications the service sends on your behalf and for the business you conduct through it. This includes the accuracy of your product information and prices, the instructions and templates you configure, honoring the orders you confirm, and complying with consumer protection and data protection laws that apply to your customers. As between you and us, you are the controller of your customers' data; we process it on your behalf as described in the Privacy Policy.

AI-generated replies are produced automatically from the context you configure. You should review your configuration and monitor conversations; we do not guarantee that any individual reply is accurate or suitable, and you remain responsible for the content of messages sent from your connected accounts.

7. Intellectual property

We own the service, its software, design, and branding. We grant you a limited, non-exclusive, non-transferable right to use the service while your account is in good standing. You retain all rights to your own data, content, and branding, and you grant us the license needed to host and process them solely to provide the service.

8. Disclaimer and limitation of liability

The service is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose and non-interruption. We do not control, and are not responsible for, the availability or decisions of third-party platforms, carriers, or payment providers you connect.

To the maximum extent permitted by law, MECHANICX LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability arising out of the service in any 12-month period is limited to the amounts you paid us for the service in that period.

9. Termination

You may stop using the service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the service, with reasonable notice where practicable. On termination, your data is deleted as described in the Privacy Policy. Sections that by their nature should survive termination (including sections 7, 8, and 10) survive.

10. Governing law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law rules. Any dispute arising out of these Terms or the service will be brought in the state or federal courts located in Wyoming, and both parties consent to their jurisdiction.

11. Contact

MECHANICX LLC
Wyoming, United States
support@evercore.dev