Terms of Service

A. Introduction

These Terms of Service (“Terms”) govern the use of Evie, an AI-powered event booking, guest communication, and lead management service for restaurants, bars, venues, hospitality groups, and other businesses (“Service”).

Evie is owned and operated by Banded Mongooses, Inc., a Delaware corporation (“Company,” “we,” “our,” or “us”).

These Terms apply to any individual or entity using Evie, including venue customers, business customers, and users interacting with Evie (“Customer,” “you,” or “your”).

B. Acceptance of Terms

By using Evie, accessing our website, signing up for the Service, or using any Evie-powered booking or communication flow, you agree to these Terms.

If you do not agree with these Terms, you may not use the Service.

C. Description of Services

Evie provides AI-powered tools to help restaurants, bars, venues, and hospitality businesses manage event inquiries, group bookings, guest questions, and related communications.

The Service may include:

AI Guest Communication: Evie may answer guest questions, collect event details, provide venue information, and assist with booking-related communications.

Event Inquiry and Lead Management: Evie may collect guest information such as date, headcount, occasion, budget, timing, preferences, and other event details.

Booking Support: Evie may help guests view availability, understand packages or policies, submit inquiries, and, where enabled, complete or request bookings.

Notifications and Summaries: Evie may send summaries, alerts, emails, text messages, or other communications to Customers regarding guest inquiries, bookings, and Service activity.

Calendar Integration: Where enabled, Customers may connect a third-party calendar (such as Google Calendar) so the Service can check availability and record confirmed bookings on the Customer’s calendar.

D. Subscription and Payments

Customers may subscribe to Evie based on available plans, order forms, invoices, or written agreements.

Payment terms, pricing, billing frequency, renewal terms, and cancellation terms will be specified during signup, in an order form, invoice, or other written agreement.

We may accept payment through credit card, ACH, bank transfer, or other approved payment methods.

Customer is responsible for all fees, taxes, and charges associated with the Service.

E. Service Availability

We strive to maintain reliable Service availability. However, we do not guarantee uninterrupted, error-free, or continuous access to Evie.

The Service may be unavailable from time to time due to maintenance, updates, third-party service interruptions, network issues, or circumstances outside of our control.

We may modify, update, suspend, or discontinue parts of the Service at any time.

F. AI Accuracy

Evie uses artificial intelligence and automation. While we aim to provide accurate, helpful, and timely responses, we do not guarantee that AI-generated responses will always be complete, accurate, current, or appropriate for every situation.

Customers are responsible for reviewing and confirming important information, including event details, pricing, availability, policies, guest communications, and booking terms.

Evie should not be relied on as a substitute for human review where accuracy is important.

G. Customer Responsibilities

Customer agrees to:

• Provide accurate and complete information needed to set up and operate the Service
• Keep venue information, pricing, availability, policies, packages, and contact information accurate and up to date
• Use the Service only for lawful purposes
• Ensure its use of the Service complies with applicable laws and regulations
• Obtain any consents or permissions required from guests, employees, or other individuals
• Maintain the confidentiality of account credentials
• Be responsible for all activity conducted through its account

Customer is responsible for determining whether AI interactions are appropriate for its business and guests.

H. Bot and AI Disclosure

Customer acknowledges that Evie uses artificial intelligence and automated communications.

Customer agrees that:

• AI-powered interactions should be clearly identified where required by law
• Evie will not be used to intentionally deceive guests into believing they are interacting with a human when disclosure is required
• Customer is responsible for ensuring that its use of Evie complies with applicable AI, communications, privacy, consumer protection, and bot disclosure laws
• Customer will inform guests that AI technology may be used for communication where required

I. Data Usage and Privacy

By using Evie, Customer grants us permission to collect, process, store, and use information submitted to or generated through the Service to:

• Provide and operate the Service
• Facilitate guest inquiries and bookings
• Improve and optimize the Service
• Analyze usage and performance
• Develop new features
• Support AI functionality and service quality
• Provide customer support
• Comply with legal obligations

Customer information and guest interaction data may be processed by third-party service providers that help us operate Evie.

We do not sell customer data to third parties.

Notwithstanding the foregoing, our access, use, storage, and sharing of data obtained through Google APIs (including Google Calendar data) is governed exclusively by the Google User Data section of our Privacy Policy, which controls in the event of any conflict with these Terms. Google user data is used solely to provide the Service’s availability-checking, booking, and calendar-management features, and is not used for advertising, sold or transferred to third parties for independent use, or used to develop, improve, or train generalized artificial intelligence or machine learning models. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including its Limited Use requirements.

Our collection and use of personal information is described in our Privacy Policy.

J. Client Brand Usage

By using Evie, Customer grants us permission to identify Customer’s business by name and use publicly available logos, trademarks, brand marks, photos, and business information in our website, marketing materials, social media, sales materials, and communications.

We will use these references respectfully.

Customer may opt out at any time by contacting us.

K. Third-Party Services

Evie may rely on or integrate with third-party services, including hosting providers, AI providers, analytics tools, payment processors, messaging providers, calendar tools, CRM systems, and other software platforms.

We are not responsible for third-party services, outages, errors, data practices, or changes to third-party platforms.

Customer’s use of third-party services may be subject to separate terms and policies.

L. Limitation of Liability

To the fullest extent permitted by law, Banded Mongooses, Inc. will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, business opportunities, or business interruption arising out of or related to the Service.

We are not liable for damages arising from:

• Errors or omissions in AI-generated communications
• Incorrect, outdated, or incomplete Customer-provided information
• Guest misunderstandings or disputes
• Missed inquiries or bookings
• Service interruptions
• Third-party service failures
• Unauthorized access not caused by our gross negligence
• Customer’s failure to comply with applicable laws or obtain required consents

Our total cumulative liability for any claim related to the Service will not exceed the amount paid by Customer to us for the Service in the six months preceding the claim.

M. Indemnification

Customer agrees to indemnify, defend, and hold harmless Banded Mongooses, Inc., its officers, directors, employees, contractors, agents, affiliates, and representatives from and against any claims, actions, damages, losses, liabilities, fines, penalties, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to:

• Customer’s use of the Service
• Customer’s violation of these Terms
• Customer’s violation of applicable laws or regulations
• Customer’s failure to obtain required consents
• Customer-provided content, data, instructions, pricing, availability, policies, or venue information
• Guest disputes, bookings, cancellations, refunds, or event issues
• Customer’s negligence, misconduct, or misuse of the Service
• Any claim that Customer’s use of the Service violates the rights of another party

We will reasonably notify Customer of any such claim and may require Customer’s assistance in defending the claim.

N. Termination

Either party may terminate use of the Service in accordance with the applicable order form, invoice, written agreement, or subscription terms.

Upon termination, Customer remains responsible for any outstanding fees owed through the termination date.

We may suspend or terminate access to the Service if Customer violates these Terms, fails to pay amounts due, misuses the Service, or creates legal, security, or operational risk.

O. Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, governmental actions, power outages, internet or infrastructure failures, cyberattacks, pandemics, third-party service outages, or other events outside our control.

P. Changes to Terms

We may update or modify these Terms from time to time.

Changes will be effective upon posting the updated Terms on our website or otherwise notifying Customers, unless a different effective date is stated.

Continued use of the Service after changes become effective means you accept the updated Terms.

Q. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any disputes arising out of or related to these Terms or the Service will be resolved in the courts located in Delaware, unless otherwise required by applicable law or agreed in writing.

R. Security Vulnerability Reporting

We take the security of our platform and data seriously.

If you discover a potential security vulnerability, please report it responsibly by contacting us.

We appreciate your help in keeping Evie safe for every venue and guest we serve.

S. Contact

If you have questions about these Terms, please contact us.