Terms of Use

Effective Date: July 28, 2026

These Terms of Use (the "Terms") govern access to and use of early.watch, also known as Early ("Early," "we," "us," or "our"), including our website, software, conversational AI assistant, telephone and text-message workflows, integrations, and related support services (collectively, the "Services").

By creating an account, enrolling in a pilot, subscribing to, or otherwise using the Services, you agree to these Terms and the Privacy Policy. If you use the Services for a company or other organization, you represent that you have authority to bind it; in that case, "you" means that organization and its authorized users.

The Services

Early is a business-to-business service for residential contractors. It helps participating contractors handle certain inbound homeowner calls and messages, including missed, after-hours, and overflow contacts; collect information; communicate with callers; and, where configured and permitted, support scheduling, transfer, or escalation workflows.

The Services are not an emergency service, call center with guaranteed human staffing, dispatch service, professional advice service, payment processor, quoting or estimating service, CRM replacement, or a guarantee of a sale, appointment, response, or business outcome. You remain responsible for your business, personnel, availability, pricing, services, customer relationships, operational decisions, and legal obligations.

Eligibility and accounts

The Services are available only to businesses in the United States and their authorized personnel. You must be at least 18 years old and acting for a legitimate business. Homeowners and other callers may interact with the configured assistant but may not create an Early account unless we expressly allow it.

You must provide accurate account and configuration information and keep it current. You are responsible for safeguarding credentials, limiting access to authorized users, and all activity under your account. Notify us promptly at legal@early.watch if you suspect unauthorized access.

Your configuration and responsibilities

You are responsible for the accuracy, completeness, and lawfulness of your business profile, service areas, business hours, services, escalation contacts, transfer destinations, scheduling rules, availability, prohibited commitments, and integration settings ("Customer Configuration"). You must promptly update Customer Configuration when it changes.

You authorize Early to use Customer Configuration to operate the Services for you. You are solely responsible for decisions made by your personnel, including decisions communicated through a configured operator phone number or account, and for recording any appointment or other commitment in your own systems when no authoritative integration is configured.

You must not configure the Services to make promises, create commitments, give instructions, or handle situations that are unsafe, misleading, unlawful, or outside the configured workflow. You must maintain suitable human escalation and emergency procedures for your business.

Communications, AI, and regulated activity

You authorize Early and its providers to place and receive calls and send and receive service-related SMS, MMS, and other communications as needed to provide the Services, using the telephone numbers and workflows you configure. You are responsible for having all permissions, notices, and consents required for your use of the Services, including for call forwarding, call recording or transcription where applicable, messaging, photos, and any communications with your customers or prospects.

You will comply with all applicable laws and industry requirements, including laws governing automated calls and texts, telemarketing, consumer protection, privacy, recording, accessibility, and emergency communications. You may not use the Services for marketing messages unless Early expressly enables and agrees in writing to support that use. The current Services are intended for service and transactional communications related to a caller-initiated request.

The Services use artificial intelligence and automated systems. Outputs can be incomplete, inaccurate, delayed, or unsuitable for a particular situation. You must use human judgment and appropriate review, especially for safety-sensitive issues, emergency conditions, appointments, pricing, scope, and commitments. Do not rely on the Services for emergency response; instruct callers to contact 911 or the appropriate emergency service when needed.

Customer Data

"Customer Data" means information you provide, configure, submit, or make available through the Services, including information about your personnel and callers, call and message content, photos, and integration data. As between you and Early, you retain your rights in Customer Data. You grant us a non-exclusive, worldwide right to host, process, transmit, reproduce, and display Customer Data solely to provide, secure, support, improve, and comply with legal obligations relating to the Services.

You represent that you have all rights, permissions, and lawful bases needed to provide Customer Data to us and direct our processing. You will not submit unlawful, infringing, harmful, or sensitive information that the Services are not designed to handle. Do not use the Services to collect payment-card data, health information, Social Security numbers, or other highly sensitive data unless we have expressly agreed in writing.

Acceptable use

You will not, and will not allow others to:

• use the Services for unlawful, fraudulent, deceptive, abusive, discriminatory, harassing, or unsafe conduct;
• send spam or unauthorized marketing communications;
• impersonate another person or business, misrepresent the assistant's authority, or provide false business information;
• interfere with the Services, bypass security, probe for vulnerabilities, or use bots or scraping tools except as authorized by us;
• copy, reverse engineer, decompile, modify, or create derivative works of the Services except where law prohibits restricting that activity;
• resell, sublicense, lease, or make the Services available to third parties except to your authorized personnel; or
• use the Services to develop or train a competing service.

We may suspend or limit access when reasonably necessary to protect callers, you, Early, or others; investigate suspected misuse; comply with law; or address a security, safety, or operational issue.

Trials, subscriptions, fees, and cancellation

We may offer pilots or trials. Unless we state otherwise in writing, pilots are time-limited, may be manually approved, may be changed or ended at any time, and do not automatically convert to a paid subscription.

Paid subscriptions are billed on the schedule shown at checkout or in your order form and automatically renew unless canceled before the next billing period. You authorize us and our payment processor, Stripe, to charge the payment method you provide for applicable fees and taxes. Fees are non-refundable except where required by law or expressly stated in writing. You may cancel through your account or by contacting us; cancellation takes effect at the end of the paid billing period.

We may change future fees by giving advance notice. If payment is late or unsuccessful, we may suspend or terminate access after reasonable notice.

Intellectual property and feedback

Early and its licensors own the Services, including the software, interfaces, workflows, prompts, documentation, trademarks, and other intellectual-property rights. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services for your internal business purposes during the applicable subscription term.

If you provide suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation.

Third-party services

The Services may depend on or connect with third-party products, including telephony, AI, payment, calendar, authentication, cloud, and analytics providers. Their services and terms may apply. We are not responsible for third-party services, outages, changes, or data practices, except to the extent required by applicable law.

Confidentiality

Each party may receive non-public information from the other that is identified as confidential or should reasonably be understood to be confidential. The receiving party will use that information only to perform under these Terms and protect it using reasonable care. This does not apply to information that is public through no breach, already known without duty, independently developed, or lawfully received from another source. We may disclose confidential information where legally required, if permitted after reasonable notice to the other party.

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, EARLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL PRODUCE ANY PARTICULAR COMMERCIAL, OPERATIONAL, OR CUSTOMER OUTCOME.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EARLY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

EARLY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO EARLY FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT EXCLUDE LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED.

Indemnification

You will defend, indemnify, and hold harmless Early and its affiliates, personnel, and providers from claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your Customer Data, Customer Configuration, use of the Services, or breach of these Terms, including alleged violations of communications, privacy, consumer-protection, or recording laws. We may control the defense of an indemnified claim at your expense, and you will reasonably cooperate with us.

Termination

You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, do not pay fees when due, create a security, safety, or legal risk, or if we discontinue the Services. Upon termination, your right to use the Services ends. Sections that by their nature should survive will survive, including sections 5, 8, and 10 through 16.

Disputes; arbitration; class-action waiver

Before filing a claim, the parties will attempt in good faith to resolve the dispute by written notice to legal@early.watch. Except for claims that may be brought in small-claims court or seeking injunctive relief for misuse of intellectual property, any dispute arising from these Terms or the Services will be resolved by binding individual arbitration administered by a neutral arbitrator in Delaware, unless the parties agree otherwise.

YOU AND EARLY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY FOR THE INDIVIDUAL CLAIMANT.

Governing law and general terms

Delaware law governs these Terms, without regard to conflict-of-law rules, except where applicable law requires otherwise. The courts located in Delaware have exclusive jurisdiction over disputes not subject to arbitration.

These Terms, the Privacy Policy, and any applicable order form are the entire agreement regarding the Services. We may update these Terms by posting an updated version and changing the effective date; material changes will be notified through the Services or by email. If a provision is unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. No waiver is effective unless in writing.

Contact

Questions about these Terms may be sent to legal@early.watch.