Last Updated: December 30, 2025

Welcome to EARPware. By accessing or using www.earpware.com (the "Site"), the EARPware platform, or any of our services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Site or services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and EARPware ("we," "us," or "our") regarding your use of our website, software platform, and services. By creating an account, subscribing to a plan, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

EARPware provides:

*Software Platform: A sales and marketing automation platform including CRM, contact management, automation tools, appointment scheduling, and related features (the "Platform")

*Professional Services: Logo and branding services, SEO audits and services, advertising audits, funnel migration, website migration, social media content creation, and other related services (the "Services")

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Platform and Services. By using our services, you represent and warrant that you meet these requirements.

4. Account Registration

To access certain features of the Platform, you must create an account. You agree to:

Provide accurate, current, and complete information during registration

Maintain and promptly update your account information

Maintain the security of your password and account

Accept all responsibility for activities that occur under your account

Notify us immediately of any unauthorized use of your account

You are responsible for all activities conducted through your account, whether authorized or not.

5. Subscription Plans and Payment

5.1 Subscription Terms

Subscriptions to the Platform are billed on a recurring basis (monthly or annual, as selected)

You authorize us to charge your payment method for all fees associated with your subscription

Subscription fees are non-refundable except as required by law or as expressly stated in these Terms

5.2 Price Changes

We reserve the right to modify subscription prices with at least 30 days' notice. Continued use of the Platform after price changes take effect constitutes acceptance of the new pricing.

5.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. No refunds will be provided for partial subscription periods.

5.4 Service Fees

Professional Services (branding, SEO, migrations, etc.) are billed separately and subject to the specific terms provided at the time of purchase.

6. Acceptable Use Policy

You agree not to:

Use the Platform or Services for any illegal purpose or in violation of any laws

Upload, transmit, or distribute any malicious code, viruses, or harmful components

Interfere with or disrupt the integrity or performance of the Platform

Attempt to gain unauthorized access to the Platform, other accounts, or systems

Use the Platform to send spam, unsolicited communications, or violate CAN-SPAM Act requirements

Reproduce, duplicate, copy, sell, or exploit any portion of the Platform without our express written permission

Use the Platform in any manner that could damage, disable, overburden, or impair our servers

Harass, abuse, threaten, or violate the rights of others

Impersonate any person or entity or misrepresent your affiliation with any person or entity

Violation of this Acceptable Use Policy may result in immediate termination of your account and access to the Platform.

7. Intellectual Property Rights

7.1 Our Property

The Platform, Services, and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by EARPware and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Your Content

You retain ownership of any content you submit, upload, or create using the Platform ("Your Content"). By using the Platform, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and display Your Content solely for the purpose of providing and improving the Platform and Services.

7.3 Deliverables

For Professional Services, upon full payment, you will receive ownership rights to the deliverables as specified in the service agreement. We retain the right to use completed work in our portfolio and marketing materials unless otherwise agreed in writing.

8. Third-Party Services and Links

The Platform may integrate with or contain links to third-party websites, services, or applications. We do not control, endorse, or assume responsibility for any third-party content, services, or websites. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.

9. Data and Privacy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of information as described in our Privacy Policy.

You are responsible for complying with all applicable data protection and privacy laws in connection with your use of the Platform, including but not limited to:

Obtaining necessary consents from individuals whose data you process

Maintaining appropriate security measures

Complying with GDPR, CCPA, CAN-SPAM, and other applicable regulations

10. Service Level and Availability

While we strive to provide reliable service, we do not guarantee that the Platform will be available at all times or error-free. We reserve the right to:

Modify, suspend, or discontinue any part of the Platform at any time

Perform maintenance that may temporarily limit availability

Update or change features and functionality

We are not liable for any downtime, interruption, or loss of data resulting from service unavailability.

11. Warranty Disclaimer

THE PLATFORM AND 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, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

The Platform will meet your specific requirements

The Platform will be uninterrupted, timely, secure, or error-free

The results obtained from using the Platform will be accurate or reliable

Any errors in the Platform will be corrected

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EARPWARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of or inability to access or use the Platform or Services

Any conduct or content of any third party on the Platform

Any content obtained from the Platform

Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless EARPware, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

Your access to or use of the Platform or Services

Your violation of these Terms

Your violation of any rights of another party

Your Content or any content you submit, post, or transmit through the Platform

14. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.

Upon termination:

Your right to use the Platform will immediately cease

We may delete your account and all associated data

You remain liable for all amounts due up to the date of termination

Sections of these Terms that by their nature should survive termination shall survive

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally.

15.2 Arbitration

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. Arbitration shall take place in the United States. Each party shall bear its own costs of arbitration.

15.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and EARPware individually. TO THE FULL EXTENT PERMITTED BY LAW, NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER, NO DISPUTE SHALL BE ARBITRATED ON A CLASS-ACTION BASIS, AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY.

15.4 Exceptions

Notwithstanding the above, either party may seek equitable relief in court to protect intellectual property rights.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [Your State], without regard to its conflict of law provisions.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

Posting the updated Terms on the Site with a new "Last Updated" date

Sending an email notification to registered users (at our discretion)

Your continued use of the Platform after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and EARPware regarding the Platform and Services.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

18.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19. Contact Information

If you have any questions about these Terms, please contact us at:

EARPware
Email: [email protected]
Website: www.earpware.com

By using the EARPware Platform or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.