These Terms of Service ("Terms") govern your access to and use of the Earney IT platform, including the customer Support Portal, the helpdesk, appointment booking, the Virtual Technician assistant, and any associated web applications, APIs, and services (collectively, the "Services"). The additional documents linked above — the SMS / Texting Terms, the Helpdesk Bookings Terms, and the Privacy Policy — are part of these Terms.
1. Acceptance of these Terms
The Services are operated by Earney IT ("Earney IT," "we," "us," "our"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you are authorized to accept these Terms on that organization's behalf. If you do not agree, do not use the Services.
2. Description of the Services
- Support Portal: submit and track support tickets, view documentation and your company's knowledge base, review devices and account details, and communicate with our team.
- Helpdesk: technical support delivered remotely and, where arranged, on site.
- Appointment booking: schedule remote sessions and on-site visits (see the Helpdesk Bookings Terms).
- Virtual Technician: an AI-assisted assistant that helps triage, answer, and resolve requests. Automated responses are aids and should be reviewed for correctness before you act on them.
- Text-message notifications: where you opt in, service and support text messages (see the SMS / Texting Terms).
The specific scope, service levels, and pricing that apply to you are set by your separate service agreement, managed-services agreement, or statement of work with Earney IT ("Service Agreement"). Nothing on the Services modifies your Service Agreement, and if there is a conflict, your Service Agreement controls for the services it covers.
3. Eligibility & Accounts
- The Services are intended for authorized clients, employees, and contractors of Earney IT and its customers, for legitimate business and support purposes only.
- You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.
- Where sign-in is provided through a third-party identity provider (e.g., Microsoft Entra ID), your use is also subject to that provider's terms and your organization's policies.
4. Acceptable Use
You agree not to:
- Access data, tickets, systems, or accounts you are not authorized to access;
- Interfere with, probe, scan, or attempt to disrupt the Services or their infrastructure, or circumvent any access controls or rate limits;
- Upload or transmit malware, or content that is unlawful, infringing, or harmful;
- Use the Services to send spam or unsolicited communications, or for any unlawful purpose;
- Reverse engineer, resell, or make the Services available to third parties except as expressly permitted by your Service Agreement.
5. Support Services
The Services may allow you to submit and track support requests, view documentation, run diagnostic tools, book appointments, and interact with automated assistants. Support is delivered subject to the scope, service levels, and commercial terms of your Service Agreement. Automated or AI-assisted responses are provided to help triage and resolve requests and should be reviewed for correctness before acting on them.
6. Text Messaging A2P 10DLC
If you provide a mobile number and opt in, Earney IT may send you service and support text (SMS) messages — for example about technical support, service requests, appointment scheduling, project updates, and account management. Consent to receive text messages is not a condition of purchase. Message frequency varies, and message and data rates may apply. Reply HELP for help or STOP to cancel. Full details are in the SMS / Texting Terms.
7. Appointments & On-Site Visits
Scheduling remote sessions and on-site visits through the Services is subject to the Helpdesk Bookings Terms, including cancellation, no-show, and on-site access expectations.
8. Customer Data & Privacy
Data you submit through the Services (including ticket details, attachments, contact information, and any mobile number you provide) is processed to deliver and support the Services, as described in our Privacy Policy. Earney IT does not sell, rent, trade, or otherwise distribute any customer information to third parties. You are responsible for ensuring you have the right to submit any data you provide and for not submitting sensitive information beyond what is necessary for support.
9. Intellectual Property
The Services, including their software, design, and content (excluding your data), are owned by Earney IT or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose. All rights not expressly granted are reserved.
10. Availability & Changes
We aim to keep the Services available but do not guarantee uninterrupted access. We may modify, suspend, or discontinue features, perform maintenance, or update these Terms at any time. Material changes will be reflected by the "Last updated" date above; continued use after changes constitutes acceptance.
11. Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated in your Service Agreement with Earney IT.
12. Limitation of Liability
To the maximum extent permitted by law, Earney IT will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of the Services. Our total liability relating to the Services is limited as set out in your Service Agreement with Earney IT.
13. Termination
We may suspend or terminate your access to the Services if you violate these Terms or if required to protect the Services, other users, or our systems. You may stop using the Services at any time.
14. Governing Law
These Terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws rules. Any disputes will be subject to the exclusive jurisdiction of the courts located in North Carolina, unless otherwise agreed in your Service Agreement.
15. Contact
Questions about these Terms? Contact Earney IT at support@earneyit.com, by phone at (910) 386-4444, or by mail at 700 Military Cutoff Rd, Suite 200, Wilmington, NC 28405.