Terms of Service
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "user") and Evolion, LLC ("Evolion", "we", "us", or "our") governing your access to and use of our website, mobile applications, intelligent device software, and related services (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
1. Acceptance of Terms
By creating an account, downloading our mobile applications, purchasing our products, or otherwise accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. By using the Services, you represent and warrant that you meet this age requirement. If you are under 18, you may use the Services only with the involvement and consent of a parent or legal guardian.
3. Account Registration and Security
3.1 Account Creation
To access certain features of our Services, you may need to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
3.2 Account Termination
We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms, fraudulent activity, or inactivity. You may terminate your account at any time by contacting us at [email protected].
4. Use of Services
4.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes.
4.2 Restrictions
You agree NOT to:
- Use the Services for any illegal or unauthorized purpose
- Violate any applicable laws, regulations, or third-party rights
- Reverse engineer, decompile, disassemble, or attempt to derive source code from our software
- Remove, alter, or obscure any proprietary notices on the Services
- Use automated systems (bots, scrapers, etc.) to access the Services without our written permission
- Interfere with or disrupt the Services or servers/networks connected to the Services
- Transmit viruses, malware, or other harmful code
- Impersonate any person or entity or misrepresent your affiliation
- Collect or harvest personal information of other users
- Use the Services to send spam, unsolicited messages, or advertisements
- Attempt to gain unauthorized access to any portion of the Services
- Resell, sublicense, or redistribute the Services without our written consent
5. Mobile Applications
5.1 App Store Terms
If you download our mobile application from the Apple App Store, Google Play Store, or any other app marketplace ("App Store"), you agree to comply with the applicable App Store's terms of service. In the event of a conflict between these Terms and the App Store's terms, the App Store's terms shall control with respect to your use of the application.
5.2 App Updates
We may from time to time develop updates, upgrades, patches, bug fixes, and other modifications to improve the performance, functionality, and security of our mobile applications. You understand that the Services may not function properly without such updates.
5.3 Apple-Specific Terms
For iOS/macOS applications:
- Your license to use the application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control as permitted by the Usage Rules in the Apple Media Services Terms and Conditions
- Apple has no obligation to furnish maintenance and support services or handle any warranty claims
- Apple is not responsible for addressing any claims relating to the application or your possession/use of it
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you
6. Intelligent Devices and Software
6.1 Device Compatibility
Our intelligent device software is designed to work with specific hardware. We do not guarantee compatibility with all devices. Check product specifications before purchase.
6.2 Firmware Updates
We may provide firmware updates to improve device functionality, security, or compliance. You authorize us to automatically update firmware unless you opt out in device settings. Failure to update may result in reduced functionality or security vulnerabilities.
6.3 Device Safety
You are responsible for the safe installation, operation, and maintenance of intelligent devices. Follow all included safety instructions and warnings. Do not use devices in hazardous environments unless specifically rated for such use.
7. Payment Terms
7.1 Pricing
Prices for our products and services are subject to change. We will provide notice of price changes for subscriptions. Price changes will not affect existing subscription periods but will apply upon renewal.
7.2 Payment Processing
Payments may be processed through:
- Stripe: For web-based purchases and certain direct transactions
- Apple App Store: For in-app purchases on iOS/macOS applications
- Other Payment Processors: As specified at checkout
By providing payment information, you authorize us to charge the applicable fees to your payment method. You represent and warrant that you have the legal right to use any payment method provided.
7.3 Subscriptions
Some Services are offered on a subscription basis:
- Auto-Renewal: Subscriptions automatically renew unless canceled before the renewal date
- Cancellation: You may cancel subscriptions at any time through your account settings or the applicable App Store. Cancellations take effect at the end of the current billing period
- No Refunds: Fees are non-refundable except as required by law or as expressly stated in these Terms
7.4 Free Trials
We may offer free trials for certain Services. You may be required to provide payment information to start a trial. You will be charged the applicable subscription fee when the trial ends unless you cancel before the trial period expires.
7.5 Taxes
You are responsible for all applicable taxes associated with your purchase. We will collect and remit taxes as required by law.
8. Refunds and Returns
8.1 Digital Products
All sales of digital products (software, app subscriptions, digital content) are final. Refunds may be provided at our sole discretion or as required by law.
8.2 Physical Devices
Physical intelligent devices may be returned within 30 days of delivery in new, unused condition for a full refund, minus shipping costs. Contact [email protected] to initiate a return. You are responsible for return shipping unless the product is defective.
8.3 App Store Purchases
For purchases made through the Apple App Store or other app marketplaces, refund requests must be submitted directly to the App Store in accordance with their refund policies. We do not control App Store refund decisions.
9. Intellectual Property Rights
9.1 Ownership
The Services and all content, features, functionality, software, designs, text, graphics, logos, and other materials are owned by Evolion or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
9.2 Trademarks
"Evolion" and our logos are trademarks of Evolion, LLC. You may not use our trademarks without our prior written permission.
9.3 User Content
You retain ownership of any content you submit or upload to the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, and display your User Content solely to provide and improve the Services.
9.4 Feedback
If you provide feedback, suggestions, or ideas about the Services, you grant us the right to use such feedback without any obligation to you.
10. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.
11. Third-Party Services and Links
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Evolion. We are not responsible for the content, privacy policies, or practices of third-party services. You access third-party services at your own risk.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
- The Services will be uninterrupted, secure, or error-free
- Defects will be corrected
- The Services are free of viruses or other harmful components
- The results obtained from using the Services will be accurate or reliable
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOLION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of (or inability to access or use) the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) $100 USD.
Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless Evolion and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
15. Dispute Resolution and Arbitration
15.1 Informal Resolution
Before filing a claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for at least 30 days.
15.2 Binding Arbitration
If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, United States, or another mutually agreed location.
15.3 Class Action Waiver
YOU AND EVOLION AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
15.4 Exceptions
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
16. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any legal action or proceeding (other than arbitration as described above) shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of such courts.
17. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms with a new "Last Updated" date
- Sending an email notification to your registered email address
- Displaying an in-app notification
Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Services.
18. Termination
18.1 By You
You may terminate your use of the Services and close your account at any time by contacting us or using the account closure features in the Services.
18.2 By Us
We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Services will immediately cease.
18.3 Effect of Termination
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
19. Export Compliance
The Services may be subject to export control and economic sanctions laws. You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Evolion regarding the Services and supersede all prior agreements and understandings.
22. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
23. Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.
24. Contact Information
If you have questions, concerns, or feedback regarding these Terms or the Services, please contact us:
Evolion, LLC
1111B S Governors Ave STE 39726
Dover, DE 19904
United States
Email: [email protected]
General Inquiries: [email protected]
These Terms of Service are designed to comply with applicable laws, Apple App Store Guidelines, and Stripe's merchant requirements.