Terms of Service

1. Agreement to Terms

These Terms of Service, together with any applicable order form, statement of work, subscription agreement, implementation agreement, data protection agreement, security addendum, or other written agreement signed by EverRise Systems Inc. and the customer, govern access to and use of ACE Platform and related services.

If there is a conflict between these Terms and a signed written agreement, the signed written agreement controls for that specific engagement.

2. Platform and Services

EverRise Systems Inc. provides ACE Platform, a secure BYOC automation platform for governed workflows. ACE is designed to help regulated and operations-heavy organizations manage requests, tasks, approvals, workflow status, audit history, evidence references, role-based access, tenant separation, operational records, reporting, and related workflow controls.

ACE is currently offered through selected BYOC design partner and operator-led deployments. EverRise may provide productized implementation, deployment planning, workflow configuration, administrative training, support, and related services as described in the applicable written agreement.

3. Commercial Terms

Fees, payment terms, subscription periods, renewal terms, usage limits, support levels, implementation scope, deliverables, and any paid modules or workflow packs will be stated in the applicable written agreement.

Website descriptions, roadmap statements, product examples, and marketing materials do not create a binding obligation to deliver any specific feature, certification, integration, connector, workflow pack, module, or timeline unless expressly included in a signed written agreement.

4. BYOC Deployment

ACE currently supports Bring Your Own Cloud deployment. Under the BYOC model, ACE is deployed inside the customer’s cloud or approved infrastructure so the customer can retain control over data, identity provider, users, roles, database, secrets, logs, monitoring, backups, retention, network policies, security configuration, and production approval.

Deployment targets may include Azure, Azure Government, AWS, AWS GovCloud, private Kubernetes, on-premises Kubernetes, or approved enterprise container platforms. Each deployment target must be validated for the specific customer environment.

ACE is not currently offered as an EverRise-hosted SaaS product, self-service public cloud product, hosted GovCloud SaaS, or FedRAMP-authorized SaaS unless expressly stated otherwise in a signed written agreement.

5. Customer Responsibilities

The customer is responsible for its users, administrators, identity provider, role assignments, access controls, approval policies, security configuration, data handling, backups, monitoring, logs, retention settings, and production authorization within its own environment.

• Customer must provide accurate information during assessment, onboarding, and deployment.
• Customer must use ACE only for lawful business purposes and approved workflows.
• Customer must maintain appropriate administrative, technical, and organizational controls.
• Customer must review and approve workflows, automations, configurations, and outputs before relying on them operationally.
• Customer must not submit classified information, credentials, secrets, PHI, CUI, sensitive procurement data, or confidential third-party information through public website forms or unauthorized channels.

6. Customer Data

As between EverRise and the customer, the customer retains ownership of customer data. EverRise does not claim ownership of customer data, customer systems, customer identity infrastructure, customer cloud accounts, customer logs, or customer operational records.

EverRise may access customer environments, configuration information, workflow information, logs, metadata, or related materials only as necessary to provide agreed services, support, implementation, troubleshooting, security review, or other activities authorized by the customer or the applicable agreement.

7. Intellectual Property

EverRise Systems Inc. retains all right, title, and interest in and to ACE Platform, including software, source code, object code, architecture, product design, documentation, workflows, templates, methods, deployment materials, security guidance, roadmap concepts, connectors, modules, user interfaces, and all related intellectual property.

Customers receive only the limited rights expressly granted in the applicable written agreement. No source code, ownership interest, patent right, copyright interest, trade secret right, or other intellectual property right is transferred unless expressly stated in a signed written agreement by EverRise.

If a customer provides feedback, suggestions, ideas, enhancement requests, or recommendations, EverRise may use that feedback without restriction or obligation, provided EverRise does not disclose customer confidential information in violation of an applicable agreement.

8. Security and Compliance

ACE is designed around security and governance principles, including role-based access, tenant separation, audit logging, evidence tracking, BYOC deployment, and customer-controlled identity. However, ACE’s secure foundation milestone does not mean ACE is automatically approved for production in any customer environment.

ACE is not currently advertised as FedRAMP-authorized, CMMC-certified, SOC 2-certified, or approved for classified information. Production use requires customer-specific configuration, validation, security review, risk acceptance, and approval.

ACE may help customers manage audit and evidence workflows, but it does not replace required compliance assessments, certifications, audits, legal advice, or the customer’s responsibility for security controls and regulatory compliance.

9. Automation and AI

ACE is expanding toward governed automation capabilities, including workflow runs, tasks, approvals, evidence records, templates, connectors, reporting, and optional AI Assist. Roadmap capabilities may change and are not guaranteed unless expressly included in a signed written agreement.

AI Assist, where offered, is intended to be optional, governed, tenant-scoped, logged, permission-controlled, and subject to customer approval. AI-generated or automation-generated outputs may be incomplete, inaccurate, or unsuitable for a particular use. Customers remain responsible for human review, approval, validation, and final decisions.

10. Restrictions

Customer may not use ACE or related services to:

• Violate applicable law, regulation, contractual obligation, or third-party right.
• Process data in a manner not approved under the applicable agreement or security review.
• Bypass role-based access, tenant boundaries, audit controls, licensing controls, or security mechanisms.
• Run unrestricted scripts, unauthorized automations, malicious code, or prohibited integrations.
• Copy, modify, reverse engineer, decompile, disassemble, resell, sublicense, or create derivative works of ACE except where expressly permitted by law or written agreement.
• Use ACE to build or support a competing product or service.
• Represent that ACE is certified, authorized, or approved for a regulatory framework unless EverRise has expressly confirmed that status in writing.

11. Third-Party Services

ACE may interact with customer-approved cloud platforms, identity providers, monitoring tools, ticketing systems, storage services, communication tools, repositories, SIEM tools, AI providers, or other third-party services. Customer is responsible for its own third-party accounts, terms, permissions, configurations, costs, and security settings.

EverRise is not responsible for third-party services, outages, data handling, security incidents, changes, or failures outside EverRise’s control.

12. Confidentiality

Each party may receive confidential or proprietary information from the other party in connection with an assessment, implementation, support request, or commercial engagement. Each party agrees to use reasonable care to protect the other party’s confidential information and to use it only for the purposes of the applicable engagement.

Confidentiality obligations may be further defined in a separate nondisclosure agreement, subscription agreement, security addendum, or other signed written agreement.

13. Disclaimers

To the maximum extent permitted by law, the website, ACE Platform, design partner deployments, roadmap materials, documentation, and related services are provided “as is” and “as available,” unless a signed written agreement expressly states otherwise. EverRise disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, security, compliance, and uninterrupted operation.

EverRise does not guarantee specific operational outcomes, cost savings, processing speed, approval outcomes, compliance outcomes, security outcomes, certification outcomes, contract outcomes, or business results.

14. Limitation of Liability

To the maximum extent permitted by law, EverRise Systems Inc. will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, or for loss of data, loss of goodwill, business interruption, procurement loss, compliance failure, security incident, or third-party claim arising from or related to use of ACE, the website, roadmap materials, automation outputs, AI outputs, or related services.

Unless a signed written agreement states otherwise, EverRise’s total aggregate liability for all claims arising out of or relating to these Terms or the services will not exceed the amounts paid by the customer to EverRise for the specific service giving rise to the claim during the three months preceding the event giving rise to liability.

15. Indemnification

Customer agrees to defend, indemnify, and hold harmless EverRise Systems Inc. and its officers, directors, employees, contractors, agents, and affiliates from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from customer’s use of ACE, customer data, customer environment, customer workflows, breach of these Terms, violation of law, or infringement of third-party rights.

16. Suspension and Termination

EverRise may suspend or terminate access to ACE, support, implementation, or related services if customer materially breaches these Terms or an applicable agreement, fails to pay amounts when due, creates security risk, violates law, misuses the platform, or uses ACE outside the approved scope.

Upon termination, customer must stop using ACE and return, delete, or disable EverRise materials as required by the applicable agreement. Provisions concerning payment obligations, intellectual property, confidentiality, data handling, disclaimers, liability limits, indemnification, governing law, and any other provisions that by their nature should survive will survive termination.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules. Unless a signed written agreement states otherwise, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for disputes arising out of or relating to these Terms.

Where a government entity engages EverRise under a separate written government contract, the dispute resolution provisions of that contract and applicable law will govern to the extent required.

18. Changes to These Terms

EverRise may update these Terms from time to time. The updated version will be posted on this page with a revised “Last Updated” date. Continued use of the website, platform, documentation, or services after updated Terms are posted constitutes acceptance of the updated Terms, except where a signed written agreement provides otherwise.

19. Contact Information

Questions about these Terms may be directed to EverRise Systems Inc. using the contact information below.

Do not send classified information, Controlled Unclassified Information, protected health information, credentials, secrets, sensitive procurement data, or confidential third-party information through public website forms or ordinary email.