Terms of Service
Effective date: September 15, 2026
These Terms of Service (“Terms”) apply to the Nevarez Marketing website, marketing services, and Cierra, our business receptionist and scheduling platform. “Nevarez Marketing,” “we,” “us,” and “our” refer to Nevarez Marketing. By accessing the website or creating or using a Cierra account, you agree to these Terms. If you use Cierra or our services for a business, you confirm you have authority to bind that business to these Terms.
Please read these Terms carefully. They include important limits on warranties and liability. Our Privacy Policy explains how information is handled.
1. Eligibility and accounts
You must be at least 18 years old and able to enter into a binding agreement to create or administer a Cierra account. You agree to provide accurate account and business information, keep your login credentials secure, and promptly tell us if you believe your account has been accessed without authorization. You are responsible for activity conducted through your account.
2. Cierra services
Cierra provides business tools that may include an AI receptionist, telephone call handling, customer and call-history management, appointment scheduling, and Google Calendar integration. Features may change over time. We may update, suspend, or discontinue a feature when reasonably needed to maintain or improve the service, comply with law, or address security or operational issues.
Cierra uses automated systems and AI. Responses, summaries, transcriptions, and scheduling actions can be inaccurate or incomplete. You are responsible for reviewing important information and confirming appointments and business decisions. Cierra is not an emergency service and does not provide medical, legal, financial, or other professional advice.
3. Your content and responsibilities
You retain your rights to information and materials you submit to Cierra. You give us permission to host, process, transmit, and display that content only as reasonably needed to provide, secure, and support the services, comply with law, and enforce these Terms. You confirm that you have the rights and permissions needed to submit the content and authorize those uses.
You are responsible for your business information, customer records, service descriptions, call scripts, and instructions. You must use Cierra only for lawful purposes and must not use it to deceive, harass, defraud, infringe others’ rights, send unlawful or unsolicited communications, or interfere with the service or its security.
4. Calls, messaging, and legal compliance
Cierra may rely on telephone and AI service providers, including Telnyx. You are responsible for ensuring that each call or message made through your account complies with applicable law and carrier rules. This includes obtaining and documenting any required prior consent for automated, prerecorded, or AI-generated voice calls; honoring opt-outs and do-not-call requests; identifying the responsible business; following permitted calling hours; and giving any required recording or monitoring notice and obtaining consent.
You must not use Cierra for emergency calling. Cierra and its providers may block or suspend call activity that appears unlawful, abusive, fraudulent, or harmful. Carrier, telephone-number, and other third-party charges may apply in addition to Cierra plan fees.
5. Google Calendar and other third-party services
If you connect Google Calendar or another third-party service, you authorize Cierra to access the information and perform the actions described on the connection screen and in our Privacy Policy. Your use of that third-party service remains subject to its own terms. We are not responsible for third-party services, their availability, or changes they make.
6. Fees, subscriptions, and cancellation
Any price, subscription interval, included usage, taxes, and renewal terms will be shown in the applicable written service agreement, order, or checkout flow before you authorize payment. Some Cierra billing features may not be available yet. You will not be charged for a paid Cierra plan unless you affirmatively authorize a clearly presented purchase. Payments may be processed by Stripe or another payment provider.
Where a recurring subscription is offered, it renews for the period disclosed at checkout until cancelled. Cancellation stops future renewals; any access through the end of the current paid period and any refund eligibility will be shown in your service agreement or checkout terms, subject to applicable law. You can manage an active Cierra subscription in the billing portal when available or contact us for help.
Marketing services, deliverables, payment schedules, and cancellation or refund terms are set out in the proposal, order, or separate written agreement for that engagement. If a separate signed agreement conflicts with these Terms, that agreement controls for the specific engagement.
7. Our intellectual property
The website, Cierra software, branding, and materials we provide are owned by Nevarez Marketing or our licensors and are protected by applicable intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use Cierra and our materials for your internal business purposes while your account or service engagement is active. You may not copy, resell, reverse engineer, or create competing services from our materials except where applicable law does not allow that restriction.
8. Suspension and termination
You may stop using the website or Cierra at any time. We may suspend or end access if you materially breach these Terms, create a security or legal risk, fail to pay amounts due under an applicable agreement, or if we discontinue the service. Where practical, we will provide notice and a chance to address the issue. Ending access does not erase payment obligations already incurred. Information handling after termination is described in the Privacy Policy and any applicable order or service agreement.
9. Disclaimers
To the maximum extent permitted by law, the website and Cierra are provided “as is” and “as available.” We do not promise uninterrupted or error-free operation, particular business results, or that AI-generated content will be accurate or suitable for every purpose. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
10. Limitation of liability
To the maximum extent permitted by law, Nevarez Marketing and its service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from or related to the website or services. To the maximum extent permitted by law, our total liability for claims relating to a paid Cierra subscription will not exceed the amount you paid us for Cierra in the 12 months before the event giving rise to the claim. For claims relating only to free website use, our total liability will not exceed $100. These limits do not apply where the law prohibits them.
11. Governing law
California law governs these Terms, without regard to conflict-of-law rules. Any court proceeding relating to these Terms must be brought in a state or federal court with jurisdiction in California, and each party consents to that court’s jurisdiction, except where applicable law requires another forum.
12. Changes to these Terms
We may update these Terms as our services or legal obligations change. We will post the current version here and revise its effective date. Changes apply when posted unless applicable law requires a different notice or consent. If you continue using the website or Cierra after an update takes effect, you agree to the updated Terms to the extent allowed by law.
13. Contact
Questions about these Terms? Contact Nevarez Marketing at (805) 891-6265 or visit nevarezmarketing.com.