Please read these Terms of Service carefully before using the ERSO platform. By accessing or using the Services, you agree to be legally bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ERSO LLC ("ERSO," "we," "our," or "us"), governing your access to and use of the ERSO sales intelligence platform, website at ersoai.com, desktop application, and all related services (collectively, the "Services").
By creating an account, requesting a demonstration, or otherwise accessing or using the Services, you agree to be bound by these Terms and all policies incorporated by reference, including our Privacy Policy. If you do not agree to these Terms, you must immediately cease use of the Services.
To use the Services, you must: (a) be at least 18 years of age; (b) have the legal authority to enter into this agreement on behalf of yourself or the entity you represent; (c) be a business user accessing the Services for commercial sales purposes; and (d) not be barred from receiving services under applicable law. The Services are not available to individuals acting in a personal, consumer capacity.
ERSO provides a business-to-business sales intelligence platform designed for HVAC sales professionals. The Services include: identification of commercial facilities using publicly available facility and permit data; enrichment of professional contact information associated with those facilities through integrations with third-party B2B data providers; organization and management of prospect lists; and export of prospect data in standard file formats.
ERSO reserves the right to modify, enhance, suspend, or discontinue any feature or aspect of the Services at any time, with or without notice. We will endeavor to provide advance notice of material changes to core functionality.
The Services are provided on a software-as-a-service basis and are intended to supplement, not replace, your own sales judgment and due diligence. ERSO does not guarantee the accuracy, completeness, or fitness for any particular purpose of facility data, contact data, or any other information delivered through the Services.
To access the Services, you must register for an account by providing accurate, current, and complete information as requested. You are responsible for maintaining the accuracy of your account information and for updating it promptly if it changes.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must not share your credentials with any third party. You agree to notify ERSO immediately at privacy@ersoai.com if you become aware of any unauthorized access to or use of your account.
ERSO shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised or is being used in an unauthorized manner.
Access to the Services requires a paid subscription. Subscription plans, features, and pricing are described on our website and in your subscription agreement. ERSO reserves the right to change pricing with reasonable advance notice. Continued use of the Services following a price change constitutes acceptance of the new pricing.
By providing payment information, you authorize ERSO to charge the applicable fees to your designated payment method on a recurring basis in accordance with your selected plan. All fees are stated and charged in U.S. dollars. Payments are processed by a third-party payment processor and are subject to that processor's terms and policies.
Fees are exclusive of all applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities applicable to your purchase, excluding taxes based on ERSO's net income.
Unless otherwise required by applicable law or expressly stated in your subscription agreement, all fees are non-refundable. If you cancel your subscription before the end of a billing period, you will retain access to the Services through the end of that period, and no partial refunds will be issued.
If payment is not received by the due date, ERSO reserves the right to suspend access to the Services until outstanding amounts are paid, and to assess late fees as permitted by applicable law.
By using the Services, you agree to use them solely for lawful B2B sales and marketing activities. You must not:
ERSO reserves the right to investigate suspected violations of this Acceptable Use Policy and to suspend or terminate access without prior notice where a violation is reasonably suspected. ERSO may also report suspected unlawful conduct to appropriate law enforcement authorities.
All rights, title, and interest in and to the Services, including all software, algorithms, user interfaces, visual design, trademarks, logos, trade names, and proprietary data compilations, are and shall remain the exclusive property of ERSO LLC. These Terms do not grant you any rights to ERSO's intellectual property except for the limited license to access and use the Services as expressly provided herein.
Subject to your compliance with these Terms and the payment of applicable fees, ERSO grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of your subscription for your internal B2B sales activities. This license does not include the right to sublicense, modify, adapt, or create derivative works of the Services.
You retain ownership of data you upload or input into the Services. By using the Services, you grant ERSO a limited license to process such data solely for the purpose of providing the Services to you. If you provide feedback, suggestions, or ideas regarding the Services, ERSO may use such feedback without restriction or compensation, and you assign to ERSO all rights therein.
Data exported from the Services may be used by you solely for B2B sales outreach activities in accordance with these Terms and applicable law. Exported data may not be resold, redistributed, or shared with third parties except for use by your internal sales team.
ERSO's collection, use, and handling of personal information is governed by the ERSO Privacy Policy, available at ersoai.com/privacy.html, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described in the Privacy Policy.
Where ERSO processes personal data on your behalf in connection with your use of the Services, the parties' rights and obligations are further governed by the Data Processing Agreement, which forms part of the Privacy Policy. You are responsible for ensuring that your use of contact data obtained through the Services complies with all applicable data protection laws, including providing any required notices to individuals whose data you access and using such data only for lawful purposes.
The Services incorporate integrations with third-party B2B data enrichment providers, mapping services, and infrastructure platforms. Your use of the Services is subject to the applicable terms and privacy policies of such third parties. ERSO does not control third-party services and is not responsible for the accuracy, availability, or practices of third-party providers.
Facility and contact data surfaced through the Services is derived from publicly available sources and licensed third-party databases. ERSO does not warrant the accuracy, completeness, or timeliness of such data. You are responsible for independently verifying any data before relying on it for commercial decisions. ERSO expressly disclaims liability for any errors or omissions in third-party data.
The Services may contain links to third-party websites or resources. ERSO provides such links for informational purposes only and does not endorse or assume responsibility for the content, policies, or practices of any third-party site.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ERSO DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. ERSO DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY DATA OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR CURRENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ERSO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ERSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ERSO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO ERSO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations shall apply to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless ERSO LLC and its officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services in violation of these Terms or applicable law; (b) your use of data obtained through the Services in a manner that infringes the rights of any individual or violates any applicable law; (c) your breach of any representation, warranty, or obligation under these Terms; or (d) any claim by a third party arising from your sales or marketing activities using data from the Services.
These Terms are effective as of the date you first access the Services and shall remain in effect until terminated as described herein.
You may terminate your subscription at any time by providing written notice to ERSO at privacy@ersoai.com or by canceling through your account settings. Termination will be effective at the end of the then-current billing period. No refund will be issued for unused portions of a prepaid period.
ERSO reserves the right to suspend or terminate your access to the Services, with or without notice, if: (a) you breach any provision of these Terms; (b) ERSO is required to do so by law or court order; (c) ERSO determines that continued provision of the Services to you creates legal or reputational risk; or (d) ERSO discontinues the Services in whole or in part. ERSO will endeavor to provide advance notice of non-breach terminations where reasonably practicable.
Upon termination, your right to access and use the Services shall immediately cease. ERSO will handle your data in accordance with the Privacy Policy and Data Retention Policy. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 6, 9, 10, 12, and 14.
These Terms and any disputes arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
Before initiating formal dispute resolution, you agree to first contact ERSO at privacy@ersoai.com and provide a written description of the dispute. The parties agree to attempt in good faith to resolve any dispute informally within thirty (30) days of receipt of such notice.
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. All disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.
ERSO reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Revised" date at the top of this page and provide notice through the Platform or by email to the address associated with your account. Your continued use of the Services following the effective date of any modification constitutes your binding acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Services and terminate your subscription.
These Terms, together with the Privacy Policy, Data Retention Policy, Data Processing Agreement, and any applicable subscription or service agreement, constitute the entire agreement between you and ERSO with respect to the Services and supersede all prior or contemporaneous understandings, representations, and agreements.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
ERSO's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of ERSO to be effective.
You may not assign or transfer your rights or obligations under these Terms without ERSO's prior written consent. ERSO may assign these Terms, including in connection with a merger, acquisition, or sale of assets, without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, or failures of third-party infrastructure providers, provided that the affected party provides prompt written notice and uses reasonable efforts to resume performance.
Questions regarding these Terms should be directed to:
ERSO LLC
Legal Inquiries
Email: privacy@ersoai.com