Smart Printer – Terms of Service

IMPORTANT NOTICE REGARDING AUTOMATIC RENEWALS

This Service offers subscriptions that automatically renew. Please carefully review these Terms before starting a free trial or purchasing an auto-renewing subscription.

To avoid being charged, you must cancel your subscription at least 24 hours before the end of the applicable trial period or current billing cycle. By purchasing or activating an auto-renewing subscription, you acknowledge and agree that your subscription will renew automatically unless canceled in accordance with these Terms. If you do not cancel in time, the subscription will renew and the applicable fee will be charged to your account.

If you subscribed or initiated a trial via Apple’s App Store In-App Purchase system, all billing and refund requests are handled directly by Apple. You may submit a refund request through Apple Support.

If you subscribed or initiated a trial through Google Play In-App Purchase, please contact our support team at contact@evolly.app for assistance.

If you purchased a subscription or activated a trial through an external purchase link provided within the App, please contact our support team at contact@evolly.app.

Please note that deleting the App does not automatically cancel your subscription or trial. To avoid future charges, you must follow the appropriate cancellation procedure for your platform. For your reference, you may wish to retain a copy of this notice. Additional details are available in our Subscription Terms.

Our data processing practices are described in detail in our Privacy Policy. We encourage you to review it to understand how your personal information is collected, used, and shared.

BINDING ARBITRATION & DISPUTE RESOLUTION

The Terms include provisions governing how disputes between you and the Service provider are resolved, including a binding arbitration agreement.

By agreeing to these Terms, you acknowledge and agree that:

Disputes will be resolved through final and binding arbitration, rather than through court proceedings, except where prohibited by law or subject to limited exceptions;
You waive the right to bring or participate in any class action or representative proceeding against us;
You may have the right to opt out of arbitration, subject to the procedures and timelines described in the Terms.

Please review the relevant sections of the Terms carefully, as these provisions significantly affect your legal rights and remedies.

1. ACCEPTANCE OF TERMS

These Terms govern the relationship between you and Smart Printer (the “Company”, “we”, “us”, or “our”) in connection with your use of our mobile applications, websites, and related services (collectively, the “Service”), including all content made available through the Service, such as text, graphics, software, and other materials (the “Content”).

By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, which constitute a legally binding agreement between you and the Company. If you do not agree to these Terms, you must immediately discontinue use of the Service, delete your account, and cancel any active subscriptions.

These Terms are originally drafted in the English language. In the event of any inconsistency or conflict between the English version and any translated version, the English version shall prevail and be the controlling version.

Additional Terms and Policies

Our Privacy Policy forms an integral part of these Terms and describes how we collect, use, and protect your personal data. From time to time, we may also publish additional policies, guidelines, or supplemental terms within the Service. Such additional terms are incorporated by reference into these Terms and will apply to your use of the Service.

Changes to These Terms

We reserve the right to update, modify, or remove any part of these Terms at our sole discretion, to the extent permitted by applicable law. Such changes may be made, for example, to reflect updates to features, technologies, or services, to comply with legal or regulatory requirements, or in response to exceptional or unforeseen circumstances.

Where required by law, we will provide notice of material changes.

Unless otherwise stated, we will indicate updates by revising the “Last Updated” date. You acknowledge that it is your responsibility to review these Terms periodically for any updates. Unless otherwise specified, any changes will become effective upon posting within the Service.

By continuing to use the Service after such changes become effective, you agree to the revised Terms. If you do not agree to the updated Terms, you must immediately stop using the Service, delete your account, and cancel any subscriptions.

Changes to the Service

We reserve the right to modify, update, suspend, or discontinue the Service, or any part of it, at any time and without prior notice, to the extent permitted by law. This may occur, for example, in order to introduce new features, test functionality, improve performance, comply with legal or regulatory requirements, or address technical or operational issues.

Certain features or services may not be available in all jurisdictions, languages, or operating systems.

We shall not be liable for any modification, suspension, or discontinuation of the Service or any part thereof.

2. ACCOUNT REGISTRATION

Creating an Account

In order to access certain features of the Service, you may be required to create an account (“Account”) and provide accurate, complete, and current information during the registration process.

Your Responsibilities

By creating an Account, you represent and warrant that:

All information you provide is true, accurate, and up to date;
You will promptly update your Account information as necessary to ensure its accuracy;
Your use of the Service complies with these Terms and all applicable laws and regulations.

Failure to provide or maintain accurate information may affect the functionality of the Service and may prevent us from notifying you of important updates or notices.

Age Restriction

The Service is intended only for individuals who are at least 18 years of age.

By creating an Account, you confirm that you are at least 18 years old and have the legal capacity to enter into and comply with these Terms. If you are under 18, you are not permitted to use the Service.

Account Suspension or Termination

We reserve the right, at our sole discretion, to suspend, restrict, or terminate your Account and access to the Service, with or without prior notice, if we determine that:

You have violated these Terms or any applicable laws or regulations;
You have provided false, inaccurate, or incomplete information; or
You have engaged in fraudulent, abusive, unauthorized, or otherwise inappropriate activity in connection with the Service.

Termination or suspension of your Account may result in the loss of access to your data, content, or any benefits associated with the Service. We shall not be liable for any consequences arising from such actions.

Account Security

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your login information and password, and for all activities conducted under your Account.

You must not share your Account credentials with any third party. Any actions performed through your Account will be deemed to have been authorized by you.

If you suspect any unauthorized access to your Account or any security breach, you must notify us immediately at: contact@evolly.app

We are not responsible for any loss, unauthorized transactions, or damages resulting from your failure to safeguard your Account credentials. You are responsible for using secure passwords and taking appropriate measures to prevent unauthorized access.

3. USE OF THE SERVICE

Intellectual Property Rights

Ownership and Intellectual Property

The Service, including all software, content, designs, trademarks, logos, and related materials, is and shall remain the exclusive property of the Company and its licensors.

Your access to or use of the Service does not grant you any ownership rights or intellectual property rights except for the limited rights expressly set forth in these Terms.

You may not copy, reproduce, modify, distribute, sell, license, reverse-engineer, or otherwise exploit any part of the Service unless expressly authorized in writing by the Company.

License to Use the Service

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for personal, non-commercial purposes.

This license permits you to install and use the App on your personal device only. You may not use the Service for resale, distribution, modification, or any unauthorized purpose.

Any violation of these Terms may result in immediate suspension or termination of your access to the Service.

User-Generated Content

The Service may allow you to submit, upload, or share content, including but not limited to text, images, messages, and feedback (“User Content”).

By submitting User Content, you grant the Company, its affiliates, licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, translate, distribute, publish, publicly display, publicly perform, and create derivative works from such User Content in any media or format, whether now known or later developed.

This license includes the right to use User Content for product improvement, analytics, marketing, and operational purposes.

This license does not apply to personal data as defined under applicable privacy laws, which will be processed in accordance with the Privacy Policy.

User Reviews and Testimonials

By submitting any review, rating, comment, testimonial, or feedback (“Review”) regarding the Service—whether through app marketplaces, websites, social media platforms, or directly to the Company—you grant the Company and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, and create derivative works from such Reviews for any lawful purpose, including marketing, advertising, product development, and customer engagement.

You acknowledge and agree that:

The Company is not obligated to use, publish, or retain any Review and may remove or modify Reviews at its discretion;
The Company may display Reviews together with publicly available identifying information (such as username or profile image), unless you request anonymity in writing;
The Company does not endorse and is not responsible for any user-submitted Reviews.

To request removal of a Review, you may contact:
contact@evolly.app

User Responsibilities and Rights

You retain ownership of any User Content you submit, subject to the license granted above.

By submitting User Content, you represent and warrant that:

You own or have all necessary rights, licenses, and permissions to submit such content;
Your content does not infringe any intellectual property, privacy, contractual, or other rights of any third party;
Any third-party rights (including moral rights) have been properly obtained or waived.

The Company may use User Content without compensation to you.

User Content may remain accessible even after deletion. If you wish to revoke the license for specific content, you may contact contact@evolly.app, but prior uses will not be affected.

The Company is not obligated to store or maintain User Content and is not liable for any loss resulting from its removal.

Content Moderation and Restrictions

The Company does not actively monitor all User Content but reserves the right, at its sole discretion, to review, remove, restrict, or modify any content that:

Is unlawful, harmful, abusive, defamatory, or misleading;
Infringes third-party rights;
Promotes violence, harassment, or illegal activities;
Interferes with the security, integrity, or operation of the Service.

The Company assumes no responsibility for User Content provided by users.

Prohibited Conduct

You agree not to:

Use the Service for any unlawful, fraudulent, deceptive, or harmful purpose;
Impersonate any individual or misrepresent your affiliation;
Reverse-engineer, extract, or manipulate any part of the Service;
Interfere with or disrupt the security, availability, or performance of the Service.

Violation of these Terms may result in immediate suspension or termination of your Account and may lead to legal action.

Service Availability and Modifications

The Company reserves the right to modify, update, suspend, or discontinue any part of the Service at any time, without prior notice and without liability.

Certain features may not be available in all regions, languages, or devices. If changes materially affect your use of the Service, you may cancel your subscription or discontinue use at any time.

To use the Service, your device must meet minimum technical requirements, including:
🍏 iOS 16.1 or later

Risks and Disclaimer of Liability

Your use of the Service is at your own risk.

The Company makes no guarantees regarding the accuracy, reliability, or suitability of the Service or any content provided.

To the maximum extent permitted by law, the Company is not responsible for:

Data loss or corruption;
Device malfunctions or technical failures;
Reliance on any content, recommendations, or results provided by the Service;
Any direct or indirect damages, including personal injury, financial loss, or legal claims arising from your use of the Service.

Customer Support

Customer support is provided at the Company’s discretion. While we may offer assistance, we are not obligated to provide support or respond to all inquiries.

If you require assistance, you may contact us at:
contact@evolly.app

We will make reasonable efforts to respond within an appropriate timeframe.

4. THIRD-PARTY SERVICES, MATERIALS, AND ADVERTISING

The Service may include integrations with, access to, or display of content provided by third parties, including but not limited to external services, websites, software, advertisements, and other materials (collectively, “Third-Party Services” and “Third-Party Materials”). This may include external links, embedded content, or materials submitted by third parties.

Although such Third-Party Services may be accessible through the Service, the Company does not control, operate, or assume responsibility for their content, functionality, availability, or policies.

No Endorsement or Responsibility

By using the Service, you acknowledge and agree that the Company does not endorse, verify, or assume any responsibility for the accuracy, legality, quality, reliability, or safety of any Third-Party Services or Third-Party Materials.

Third-party content may be inaccurate, misleading, offensive, or otherwise objectionable. The Company is not liable for any exposure to such content.

Any interactions, transactions, or agreements you enter into with third parties through or in connection with the Service are solely between you and the applicable third party. The Company shall have no responsibility or liability for any disputes, claims, losses, or damages arising out of or in connection with such interactions.

Third-Party Links and Advertising

The Service may display advertisements, sponsored content, or links to third-party websites or services that are not owned or controlled by the Company.

Your interaction with such content, including clicking on links or engaging with advertisements, does not imply any endorsement, affiliation, or sponsorship by the Company.

Any use of Third-Party Services is at your own risk. You are responsible for reviewing and complying with the applicable terms of use, privacy policies, and practices of such third parties.

The Company disclaims any responsibility for how third parties collect, process, or use your personal data.

No Liability for Third-Party Content

The Company does not monitor or verify Third-Party Materials and makes no representations or warranties, express or implied, regarding their accuracy, completeness, legality, or reliability.

To the maximum extent permitted by applicable law, the Company disclaims all liability for any loss, damage, or harm arising from your reliance on or use of any Third-Party Materials.

You acknowledge that third-party content may be outdated, incomplete, or unreliable, and you assume full responsibility for any decisions or actions taken based on such content.

Use of Third-Party Services at Your Own Risk

Access to and use of Third-Party Services is entirely voluntary and undertaken at your own risk.

You acknowledge that interacting with third-party content may expose you to risks, including but not limited to malware, phishing attempts, fraud, or other harmful activities.

The Company is not responsible for any technical issues, damages, or disputes arising from your use of or interaction with Third-Party Services.

To the fullest extent permitted by law, you waive any claims against the Company arising from your use of Third-Party Services, including advertisements, external links, or third-party content.

Reporting Third-Party Content

If you encounter any Third-Party Materials that you believe are harmful, misleading, or offensive, you may report such content to us at:

contact@evolly.app

While we may review such reports, we are under no obligation to investigate, remove, or take action with respect to third-party content, except where required by applicable law.ith law enforcement authorities to prosecute users who violate the law.

5. SUBSCRIPTION FEES AND PAYMENT

Subscription Options and Purchases

The Service provides access to certain features and content through subscription-based plans. Subscriptions may be purchased either:

Directly within the App via an external purchase link (“External Purchase”); or
Through in-app purchases offered by Apple App Store or Google Play Store (“In-App Purchase”).

All applicable subscription fees, billing terms, and durations (including, for example, weekly, monthly, quarterly, or annual plans) will be clearly displayed on the payment screen prior to purchase.

Pricing may vary depending on factors such as geographic location, subscription duration, bundled features, or promotional offers. While certain limited features of the Service may be available free of charge, full access requires an active paid subscription.

The Service may also include cloud storage functionality (“Cloud Storage”), allowing you to upload and access files during an active subscription period. Access to Cloud Storage—including viewing, uploading, and downloading files—is available only while your subscription remains active. If your subscription expires or is canceled, access to stored files will be suspended until your subscription is renewed.

Purchases and Payment Processing

After completing onboarding within the App, you will be presented with available subscription options, pricing, durations, and accepted payment methods (such as credit cards, digital wallets, or platform billing systems).

By selecting a subscription and authorizing payment, you instruct the applicable payment processor or app marketplace to charge your selected payment method.

For External Purchases, payments are processed by third-party payment providers, which you authorize to charge your selected method. These providers are responsible for transaction processing and will notify us upon successful payment.
For In-App Purchases, all payments are processed by the applicable app marketplace (Apple or Google), and their respective terms and policies govern the transaction.

Access to the Service will be granted once payment has been successfully confirmed.

Auto-Renewal and Subscription Continuity

All subscriptions automatically renew unless canceled prior to the end of the current billing period. The renewal period will match the original subscription term unless otherwise disclosed at the time of purchase.

To avoid renewal charges, you must cancel your subscription at least 24 hours before the end of the current billing cycle.

By subscribing, you acknowledge and agree that:

Your subscription will renew automatically;
Charges will be applied on a recurring basis according to your selected billing cycle;
Renewal pricing will not exceed the price of the previous subscription period, excluding any introductory or promotional rates, unless you are notified of a change in advance.

For External Purchases, cancellation must be completed within the App or in accordance with the instructions provided at purchase.
For In-App Purchases, cancellation must be completed through your App Store or Google Play account settings.

Deleting the App does not cancel your subscription.

Please note that canceling your subscription will result in loss of access to Cloud Storage features, including stored files, unless you renew your subscription.

Add-On Items and Additional Services

In addition to subscription plans, the Service may offer optional add-on items or additional services (such as premium features or content), which may be available as one-time purchases or recurring charges.

Canceling your main subscription will also cancel any associated recurring add-ons. However, canceling an add-on separately will not affect your primary subscription unless otherwise specified.

Refunds

If you subscribed or initiated a trial through an App Store In-App Purchase, all refund requests must be submitted directly to the applicable app marketplace (e.g., Apple or Google) and are subject to their policies.

Where applicable, we may share limited information with the platform provider to assist in processing refund or chargeback requests.

For External Purchases, all payments are generally non-refundable and non-exchangeable, except where required by applicable law.

Notwithstanding the foregoing, refunds may be provided where required under mandatory consumer protection laws or, at our sole discretion, in accordance with our internal refund policies.

Free Trials and Promotional Offers

We may offer free trials or promotional access to the Service. The duration and conditions of such offers will be disclosed at the time of sign-up.

Unless canceled before the trial period ends, your trial will automatically convert into a paid subscription, and the applicable fee will be charged.

We do not guarantee that reminders will be provided prior to the expiration of a trial period. You are responsible for tracking your trial period and canceling in a timely manner if you do not wish to continue.

We reserve the right to modify, revoke, or restrict eligibility for trials or promotional offers at any time.

Promotional Codes

From time to time, we may provide promotional codes, vouchers, or similar benefits (“Promotional Codes”) that may be redeemed for features, content, or services within the Service.

Promotional Codes:

Have no cash value;
Are personal, non-transferable, and non-sublicensable;
May be subject to expiration dates, eligibility requirements, or additional terms;
Do not entitle you to any compensation if unused or expired.

Changes to Subscription Fees

To the extent permitted by applicable law, we reserve the right to modify subscription fees at any time.

Where required, we will provide notice of such changes in accordance with applicable laws and regulations. Notice may be provided through the App, by email, or through other prominent communication methods.

Updated pricing will take effect as specified in the notice.

If you do not agree with the updated fees, you may cancel your subscription prior to the effective date of the new pricing.

Failure to Pay and Service Suspension

If a payment is declined, reversed, or not received when due, we may request that you update your payment method.

If the issue is not resolved, we reserve the right to suspend or terminate your access to the Service without further notice.

In such cases, you may lose access to any associated content, data, or settings. The Company shall not be responsible for restoring such data or for any resulting loss.

6. USER REPRESENTATIONS AND RESTRICTIONS

By accessing or using the Service, you represent and warrant that:

You have the legal capacity to enter into and comply with these Terms;
You are at least 18 years of age and legally permitted to use the Service;
You will not access or use the Service through automated or non-human means, including bots, scripts, or similar technologies;
You will not use the Service for any unlawful, fraudulent, or unauthorized purpose;
You are not located in, and will not access the Service from, any country subject to U.S. government embargoes or designated as supporting terrorism;
You are not listed on any U.S. government list of prohibited or restricted persons;
Your use of the Service complies with all applicable laws, regulations, and these Terms.

If any information you provide is false, inaccurate, outdated, or incomplete, we reserve the right to suspend, restrict, or terminate your access to the Service at any time.

Permitted Use of the Service

The Service is provided solely for its intended purposes. You may not use the Service for any unauthorized, commercial, or competitive activities without our prior written consent.

Prohibited Conduct

You agree not to engage in, or attempt to engage in, any of the following activities:

Collecting, scraping, or systematically extracting data or content from the Service to create a database, compilation, or directory without prior authorization;
Using the Service for unauthorized purposes, including modifying, adapting, or creating derivative works from any part of the Service;
Using the Service for commercial, business, or revenue-generating activities unless expressly permitted;
Making the Service available over a network that allows simultaneous access by multiple users or devices, unless explicitly authorized;
Developing, launching, or using the Service to create a competing product, service, or application;
Using any proprietary information, intellectual property, or interfaces of the Company to develop, license, or distribute related products or services;
Circumventing, disabling, or interfering with security features or technical protections of the Service;
Framing, embedding, or linking to the Service without authorization;
Interfering with or disrupting the operation of the Service, its servers, or networks, or imposing an unreasonable or disproportionate load on our infrastructure;
Decompiling, disassembling, reverse-engineering, or attempting to derive the source code of any part of the Service;
Bypassing or attempting to bypass access controls or security mechanisms;
Uploading, transmitting, or distributing malicious software, including viruses, worms, trojans, or other harmful code;
Using or deploying automated systems (such as bots, spiders, scrapers, or similar tools) to access or interact with the Service;
Sending unsolicited communications, including spam or promotional messages;
Engaging in any conduct that may harm, damage, or negatively impact the reputation of the Company or the Service;
Using the Service in violation of any applicable law or regulation.

Any violation of the above restrictions may result in immediate suspension or termination of your Account and may subject you to legal action.

Respectful Conduct Toward Customer Support

You agree to communicate with our customer support team in a respectful, professional, and lawful manner.

We reserve the right to suspend or terminate your Account immediately if your behavior toward our support personnel is determined, in our sole discretion, to be abusive, threatening, harassing, or otherwise inappropriate.

7. DISCLAIMER OF WARRANTIES

General Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING ANY PRODUCTS, FEATURES, AND CONTENT MADE AVAILABLE THROUGH IT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY, COMPLETENESS, OR RELIABILITY OF CONTENT OR DATA;
ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT:

The Service will meet your expectations or requirements;
The Service will be uninterrupted, secure, or free from errors, bugs, or technical issues;
The results obtained from the use of the Service will be accurate, reliable, or error-free;
The quality of any content, features, or services will meet your expectations;
Any defects, errors, or issues will be corrected in a timely manner or at all.

ANY MATERIAL, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM RESULTING FROM YOUR USE OF THE SERVICE.

THE COMPANY DOES NOT GUARANTEE ANY SPECIFIC OUTCOME OR RESULT FROM THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND ACCEPT THE INHERENT RISKS ASSOCIATED WITH TECHNOLOGY-BASED SERVICES, INCLUDING INTERRUPTIONS, FAILURES, AND DATA LOSS.

No Professional or Medical Advice

ANY INFORMATION, CONTENT, OR STATEMENTS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE.

THE SERVICE IS NOT INTENDED TO PROVIDE, AND SHOULD NOT BE RELIED UPON AS, FINANCIAL, MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE.

THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION PROVIDED THROUGH THE SERVICE IS ACCURATE, COMPLETE, OR SUITABLE FOR YOUR SPECIFIC SITUATION. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK.

IF YOU REQUIRE PROFESSIONAL ADVICE, YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL IN THE RELEVANT FIELD.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY LIABILITY ARISING FROM YOUR RELIANCE ON ANY CONTENT, RECOMMENDATIONS, OR STATEMENTS PROVIDED THROUGH THE SERVICE.

Service Modifications and Updates

WE RESERVE THE RIGHT TO MODIFY, UPDATE, SUSPEND, OR DISCONTINUE ANY PART OF THE SERVICE AT ANY TIME, WITH OR WITHOUT NOTICE, TO THE EXTENT PERMITTED BY LAW.

THIS INCLUDES, WITHOUT LIMITATION:

Changes to the content or information available within the App;
Changes to features, functionality, or availability of the Service;
Changes to pricing, subscription structure, or terms of use.

WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INCONVENIENCE ARISING FROM ANY SUCH MODIFICATIONS, SUSPENSION, OR DISCONTINUATION OF THE SERVICE.

Consumer Protection and Non-Waivable Rights

Nothing in these Terms is intended to exclude, limit, or override any rights that cannot be waived under applicable consumer protection laws.

If you are entitled to statutory rights under the laws of your country of residence, those rights remain fully applicable and are not affected by the disclaimers set forth in these Terms.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH:

Your use of, or inability to use, the Service;
Any products, content, or features provided through the Service;
Any third-party advertisements or services accessed through the Service;

EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR USE OF THE SERVICE, INCLUDING THE APP, CONTENT, USER CONTENT, AND ANY THIRD-PARTY MATERIALS OR ADVERTISEMENTS, IS AT YOUR SOLE RISK. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM RESULTING FROM YOUR USE OF THE SERVICE.

Limitation of Aggregate Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, PRODUCTS, OR CONTENT SHALL NOT EXCEED:

The total amount paid by you to the Company for access to the Service during the twelve (12) months immediately preceding the event giving rise to the claim; or
One hundred euro (€100), whichever is greater.

THESE LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY. WITHOUT SUCH LIMITATIONS, THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON THE SAME TERMS.

Waiver of Unknown Claims (California Residents)

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUSPECTED.

Jurisdiction-Specific Exceptions

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT ANY PORTION OF THIS SECTION IS DEEMED UNENFORCEABLE UNDER APPLICABLE LAW, SUCH PORTION SHALL BE LIMITED OR MODIFIED TO THE MINIMUM EXTENT NECESSARY, AND THE REMAINDER SHALL CONTINUE IN FULL FORCE AND EFFECT.

IF ANY REMEDY PROVIDED UNDER THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL REMAINING LIMITATIONS OF LIABILITY SHALL CONTINUE TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ADDITIONAL RIGHTS MAY APPLY TO YOU DEPENDING ON YOUR JURISDICTION, AND NOTHING IN THESE TERMS IS INTENDED TO LIMIT ANY NON-WAIVABLE STATUTORY RIGHTS.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, including its affiliates, parent entities, officers, directors, employees, agents, partners, licensors, contractors, successors, and assigns (each, an “Indemnitee”), from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses of any kind, including reasonable attorneys’ fees and other professional fees, arising out of or in connection with:

Your User Content, including any claim that such content infringes, misappropriates, or otherwise violates the intellectual property, privacy, or other rights of any third party, or violates applicable laws;
Your breach or alleged breach of these Terms, whether by you or by any person using your Account or device;
Your access to or use of the Service, including any activities or conduct undertaken through the Service;
Your violation of any applicable laws, regulations, or third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
Any claim involving property damage, personal injury, bodily harm, or death arising out of or related to your use or misuse of the Service in violation of these Terms.

The Company reserves the right, at its own expense, to assume exclusive control of the defense, negotiation, and settlement of any matter for which you are required to indemnify us. In such cases, you agree to fully cooperate with the Company in the defense of such claims.

You may not settle any claim that imposes any obligation, liability, or admission of fault on the Company without the Company’s prior written consent.

10. INTERNATIONAL USE

The Company makes no representations or warranties that the Service is available, appropriate, or lawful for use in your jurisdiction. Access to and use of the Service from territories where such use would be illegal is strictly prohibited. You access the Service at your own initiative and are solely responsible for ensuring that your use of the Service complies with all applicable local laws and regulations.

11. INFORMAL DISPUTE RESOLUTION PROCEDURES

IMPORTANT NOTICE

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION GOVERNS HOW DISPUTES BETWEEN YOU AND THE COMPANY ARE RESOLVED.

BY AGREEING TO THESE TERMS:

YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY;
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING;
YOU AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING ARBITRATION, EXCEPT AS EXPRESSLY PROVIDED BELOW.

Agreement to Arbitrate

You and the Company agree that any and all disputes, claims, or controversies (each, a “Dispute”) arising out of or relating to the Service or these Terms shall be resolved exclusively through binding arbitration.

This includes disputes based on contract, tort, statute, regulation, or any other legal theory, whether arising in the past, present, or future, and includes disputes regarding:

The interpretation or enforcement of these Terms;
The applicability or validity of this arbitration provision;
The formation of this agreement.

This arbitration agreement applies to the Company, its affiliates, subsidiaries, and related entities.

Exceptions

The following claims are not subject to arbitration:

Claims properly brought in small claims court, provided they are individual (non-class) claims and meet jurisdictional limits;
Disputes relating to intellectual property rights.

Mandatory Pre-Filing Notice and Informal Resolution

Before initiating arbitration or small claims proceedings, you must first provide written notice of the Dispute (“Notice”) to the Company.

The Notice must include:

Your name, address, and email address;
A detailed description of the Dispute;
Relevant account or usage information;
The relief sought, including calculation of damages;

Following receipt of a valid Notice, both parties agree to engage in good faith efforts to resolve the Dispute informally for at least 60 days.

As part of this process:

Both parties agree to participate in at least one individualized video or teleconference;
Each party must cooperate in scheduling and participating in the discussion;
Legal representatives may attend, but the individual claimant must also participate.

Completion of this process is a mandatory condition precedent to initiating arbitration or legal proceedings.

Failure to comply with these requirements constitutes a breach of this arbitration agreement.

Small Claims Option

Subject to the above procedures, either party may elect to bring an individual claim in small claims court instead of arbitration, provided the claim qualifies and remains in that forum.

Nature of Arbitration

Arbitration is a less formal alternative to court proceedings. It:

Uses a neutral arbitrator instead of a judge or jury;
Involves limited discovery;
Is subject to limited judicial review.

The arbitrator may award individual relief similar to that available in court but may not grant class-wide or representative relief.

Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL;
YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS.

All disputes must be resolved on an individual basis only.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual claim.

Arbitration Procedure

Arbitration will be administered by National Arbitration & Mediation (NAM) under its applicable rules (“NAM Rules”), as modified by this agreement.

If NAM is unavailable, an alternative arbitration provider will be selected by the parties or appointed by a court.

The arbitration will:

Be conducted in English;
Be conducted remotely (via video or written submissions), unless otherwise required;
Be decided by a single neutral arbitrator;
Allow entry of judgment in any court of competent jurisdiction.

If an in-person hearing is required:

U.S. residents: Delaware (unless hardship is shown);
Non-U.S. residents: determined under applicable arbitration rules.

The arbitrator will issue a written decision with reasons.

Governing Law for Arbitration

This arbitration agreement is governed by the U.S. Federal Arbitration Act (FAA) and applicable federal arbitration law.

Any issues relating to the interpretation or enforceability of this arbitration provision shall be determined exclusively by a court of competent jurisdiction.

Fees

Arbitration fees will be governed by the applicable arbitration rules.

If the arbitrator determines that fees are prohibitive, the Company will pay necessary costs to ensure the arbitration remains accessible, unless the claim is determined to be frivolous or made in bad faith.

Confidentiality

All arbitration proceedings shall be confidential.

Information disclosed during arbitration may not be used outside of the proceeding, except as necessary to enforce an arbitration award or as required by law.

Settlement Offers

Either party may submit a written settlement offer prior to arbitration.

If an offer is rejected and the outcome is less favorable, cost-shifting rules may apply as permitted by law.

Mass Arbitration

If multiple similar claims are filed (as defined under applicable arbitration rules):

A limited number of “test cases” will proceed first;
Remaining cases will be paused;
The parties will attempt global mediation before proceeding further.

These procedures are intended to ensure efficiency and fairness.

Severability

If any portion of this arbitration provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

If the class action waiver is deemed unenforceable, the arbitration provision may be deemed void to that extent.

12. OPTING OUT OF THIS ARBITRATION AGREEMENT

Existing Users

Users who have previously agreed to an arbitration provision may reject this updated Arbitration Agreement by following the opt-out procedure set forth below. However, such users will remain bound by the most recent prior version of the Arbitration Agreement and will otherwise remain subject to these Terms.

Existing users who do not opt out of this updated Arbitration Agreement will be bound by it, and it will apply to all Disputes between such users and the Company, including Disputes that arose prior to the effective date of these Terms but have not yet been filed in arbitration.

Any arbitration proceedings that were properly initiated with an arbitration provider prior to the effective date of this updated Arbitration Agreement, and in accordance with a prior version of the Arbitration Agreement, shall continue to be governed by the applicable prior version.

New Users

Users who create an account with the Company on or after 9 June 2025 may opt out of this Arbitration Agreement in accordance with the procedure described below.

Method and Effect of Opt-Out

Subject to the foregoing, you may opt out of this Arbitration Agreement by submitting a written notice of your decision to:

contact@evolly.app

Your opt-out notice must be submitted:

Within thirty-one (31) days after the Arbitration Agreement becomes effective (as indicated by the “Last Updated” date of these Terms); or
Within thirty-one (31) days of your first use of the Service, whichever is later.

Your notice must include:

Your full name;
Your username (if applicable);
The email address and/or phone number associated with your account (if applicable);
A clear and unequivocal statement that you wish to opt out of this Arbitration Agreement.

If you validly opt out of this Arbitration Agreement, all other provisions of these Terms and any other agreements between you and the Company will remain in full force and effect.

Opting out of this Arbitration Agreement does not affect any other arbitration agreements that you may currently have with the Company or may enter into in the future.

Survival of Arbitration Agreement

This Arbitration Agreement shall survive the termination of your relationship with the Company, including any termination of your account, withdrawal of consent, or discontinuation of your use of the Service.

Severability

If any provision of this Arbitration Agreement is determined to be invalid, void, or unenforceable, such provision shall be deemed severable and, where possible, replaced with a valid and enforceable provision that most closely reflects the intent of the original provision.

The remaining provisions of this Arbitration Agreement shall remain valid and enforceable in accordance with their terms.

Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Your use of the Service may also be subject to other applicable local, state, national, or international laws.

To the extent that any dispute is permitted to be brought before a court of law, such dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.

13. EEA AND UK RESIDENTS

Nothing in these Terms shall limit or deprive you of any mandatory consumer protection rights granted under the laws of your country of habitual residence.

If a dispute arises under or in connection with these Terms, you may bring proceedings before the competent courts of your country of habitual residence within the European Economic Area (EEA) or the United Kingdom. Such courts shall have jurisdiction over the dispute. The Company also agrees to submit to the jurisdiction of such courts.

These Terms, the Service, and any dispute between you and the Company shall be governed by the laws of England and Wales, excluding its conflict of law rules.

15. LIMITATION ON CLAIMS PERIOD

You agree that, to the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to the Service or these Terms must be filed within one (1) year from the date such claim or cause of action first arose.

Failure to bring a claim within this period will result in such claim being permanently barred.

The provisions of this section constitute a separate and independently binding agreement between you and the Company.

16. MISCELLANEOUS PROVISIONS

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver of that or any other right. Any partial exercise of a right shall not preclude any further exercise of that or any other right. A waiver of any provision shall not constitute a waiver of any subsequent breach or default.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be deemed severable and shall be modified or replaced to the extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the fullest extent permitted by law. The remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.

Any amendments or modifications to these Terms shall be effective only if made in writing and accepted by the Company, unless otherwise required by applicable law.

The Company may assign or transfer its rights and obligations under these Terms to any third party, including in connection with a merger, acquisition, corporate reorganization, or similar transaction. By continuing to use the Service, you consent to such assignment or transfer. Notice of such changes may be provided through the Service and shall be deemed sufficient.

All communications between you and the Company, including notices, disclosures, and agreements, may be conducted electronically. You acknowledge and agree that electronic communications—including emails, in-app notifications, and digital acknowledgments—have the same legal effect as written communications and constitute legally binding agreements.

By selecting options such as “SUBMIT,” “CONTINUE,” “REGISTER,” or “I AGREE,” you acknowledge and agree that such actions constitute your electronic signature and your intent to be legally bound by these Terms.

The Company may rely on third-party service providers to support the operation of the Service, including but not limited to payment processing, infrastructure, security, analytics, and data management. By using the Service, you acknowledge and agree that such third-party providers may be engaged to assist in delivering and improving the Service.

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including but not limited to force majeure events, changes in law or regulation, cyber incidents, system failures, or other unforeseen operational disruptions.

17. NOTICE REGARDING APPLE

If you access or use the Service through the Apple App Store or on an iOS device, you acknowledge and agree to the following:

Acknowledgment

These Terms are concluded solely between you and the Company, and not with Apple Inc. (“Apple”). The Company, and not Apple, is solely responsible for the Service and its content.

Scope of License

The license granted to you under these Terms is limited, personal, non-exclusive, non-transferable, and non-sublicensable. It permits you to install and use the Service only on Apple-branded devices that you own or control, and solely for personal, non-commercial purposes, in accordance with Apple’s App Store Terms of Service.

Maintenance and Support

The Company is solely responsible for providing any maintenance and support services with respect to the Service, as required under applicable law or these Terms. Apple has no obligation whatsoever to provide any maintenance or support services for the Service.

Warranty Disclaimer

The Company is solely responsible for any warranties applicable to the Service, whether express or implied, to the extent not effectively disclaimed under these Terms.

If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the Service. To the maximum extent permitted by law, Apple shall have no further warranty obligation with respect to the Service.

Claims and Liability

The Company, and not Apple, is responsible for addressing any claims by you or any third party relating to the Service, including but not limited to:

Product liability claims;
Claims arising from failure to comply with applicable legal or regulatory requirements;
Claims arising under consumer protection or similar laws.

Intellectual Property

In the event of any third-party claim that the Service or your use of the Service infringes any intellectual property rights, the Company shall be solely responsible for the investigation, defense, settlement, and resolution of such claims.

Third-Party Terms

Your use of the Service must comply with all applicable third-party terms of agreement, including those required by Apple or any other third-party service providers.

Legal Compliance

By using the Service, you represent and warrant that:

You are not located in a country subject to a U.S. government embargo or designated as a “terrorist-supporting” country;
You are not listed on any U.S. government list of prohibited or restricted parties.

Third-Party Beneficiaries

Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.

Contact Information

For any questions, complaints, or claims relating to the Service, please contact:

contact@evolly.app

The Company expressly permits the use of the Service by multiple users through Apple’s Family Sharing feature or any similar functionality provided by Apple, where applicable.

18. NOTICE REGARDING GOOGLE PLAY

If you access or use the Service via Google Play, operated by Google LLC or its affiliates (“Google”), you acknowledge and agree to the following:

In the event of any conflict between:

(a) The Google Play Terms of Service, Google Play Business and Program Policies, or any other terms designated by Google as default end-user license terms (collectively, the “Google Play Terms”); and

(b) These Terms,

the Google Play Terms shall prevail solely with respect to your use of the Service downloaded from Google Play.

You further acknowledge that Google is not responsible or liable for compliance or non-compliance with these Terms or the Google Play Terms by the Company, you, or any third party.

19. Contact Information

You may contact us with questions, comments, or concerns about our services and these Terms of Service by submitting your requests or inquiries as detailed below:

Our EVOLLYAPP support team can be contacted contact@evolly.app