These Terms of Use were last modified as of January 15, 2025.

PLEASE READ THIS DOCUMENT CAREFULLY.

EVOLV Terms of Use - This document outlines the Terms of Use ("Terms" or "Agreement") for the EVOLV, LLC ("EVOLV", "Company", "we," "us," "our") software platform, including its content, automations, data tracking tools, community, and related services (collectively referred to as "EVOLV").

Scope of Agreement - This Agreement governs all users of EVOLV ("Users" or "You"), which includes, but is not limited to, monthly or yearly subscribing members ("Members"), Paused Plan members ("Paused Plan Members"), and members on any other plan. We will specify when referring to a particular type of member.

Platform Definition - The EVOLV software platform, referred to collectively as the "Platform" in this Agreement, can be found at https://evolvapp.io. This also includes all associated subdomains, mobile applications, and any other media, location, or application related to EVOLV.

Acceptance of Terms - Because these Terms represent our agreement regarding your use of EVOLV, you must read this document carefully before agreeing to the terms.

BY ACCESSING OR USING EVOLV IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT WISH TO BE BOUND BY THEM, YOU MUST NOT USE OR ACCESS EVOLV.

Governing Documents - This Agreement also incorporates, and is governed by, our Privacy Policy and any other documents referred to within these agreements, which collectively govern all access to EVOLV.

Introduction

Welcome to EVOLV. By utilizing our comprehensive marketing platform, which includes all features, functionalities, websites, applications, online communities, social media groups, customer support, and user interfaces, along with all associated Content and software ("Services"), you are entering into a legally binding agreement with EVOLV.

Our platform is an all-in-one marketing software designed to help you build your digital empire. This includes design templates, data tracking tools, copy templates, and strategic and tactical funnel training ("Content").

Your use of EVOLV in any capacity signifies your express agreement and consent to be governed by these Terms.

Age of Access

EVOLV is intended for use only by individuals who are 18 years of age or older.

By using EVOLV, you affirm and warrant that you meet this minimum age requirement. If you are under the age of 18, you are prohibited from using EVOLV in any capacity, including registering for an account, and you must not submit any personally identifiable information to the site or to EVOLV.

We are committed to protecting the privacy of personal information, especially that of children under the age of 13.

ACCOUNT REGISTRATION

a. Account Holders

Account Registration and Security - To register an account ("Account Holder"), you must complete the registration form by providing current, complete, and accurate information, including a unique email address that you own and a password.

You are responsible for keeping your username and password confidential. You may only register once using a single email address.

You agree not to:

- Register on behalf of any other individual or company.

- Register using another person's name, a fictional name, or an alias.

- Select credentials (username, etc.) that impersonate or suggest you represent any other person (real or fictitious) or entity when you do not, or that are offensive.

- Choose credentials with the intent to deceive or mislead the Company regarding your true identity.

b. Team Members

Account Holder Responsibilities and Team Member Access - Only Account Holders may register for an account. Once registered, Account Holders have the option to add Team Members and provide them with separate login credentials.

Account Holders acknowledge that the access granted to Team Members is limited solely to the Services and Content that the Account Holder chooses to provide.

The Account Holder assumes full and complete responsibility for:

- Maintaining the confidentiality of their username, password, and account.

- Any and all activities conducted under their account, including, but not limited to, actions performed by their Team Members.

c. Security

Account Suspension and Termination - We reserve the right to suspend or terminate an Account Holder’s account and deny any current or future Services, in whole or in part, without a refund, if we have reasonable grounds to suspect that an Account Holder or Team Member has: Provided false information, Shared their username, password, or account with anyone else, or Distributed any non-public Content to any other person.

Account Security and Liability - You must notify us immediately of any known or suspected unauthorized use of your email and password or any other security breach. Liability: We are not liable for any loss you may incur due to unauthorized use of your email, password, or account, regardless of whether you had knowledge of the use. You could be held liable for losses incurred by us or another party resulting from someone else using your email, password, or account. You may not use anyone else’s account at any time without the account holder’s permission.

Privacy Policy - Any personally identifiable information provided during the registration process is governed by the terms of the Company’s website Privacy Policy.

Notifications - We may provide you with relevant information regarding EVOLV through the following methods: By emailing you at the contact information provided in your account registration, By posting a notice in the Platform’s dashboard areas, or By posting the notice elsewhere on the Platform in a suitable area. It is your responsibility to periodically check the Platform for such notices.

PRICING PLANS AND TRIALS

A. Annual and Monthly Plan Fees; Price Changes

Subscription Plans and Pricing

Details of our annual and monthly subscription plan options (referred to as "Plans") are available on our official website at www.evolvapp.io. When you register for an account, the website will specify the Plans available to you, along with the corresponding payment due dates.

We may offer certain Plans that permit free usage of EVOLV, meaning no payment is required to access our Services during a trial period. This trial period is further explained in Paragraph B of this section.

Promotions and Modifications

From time to time, we may offer special promotional Plans or discounts for EVOLV. We retain the right to modify, discontinue, or otherwise amend any of our offered Plans, promotions, or discounts at any time, in compliance with these Terms.

Price Changes

We reserve the right to change the price of the Plans, including recurring membership fees. We will notify you of any price changes in advance. Such price adjustments will become effective at the start of the billing period immediately following the date of the change notification.

Codes and Vouchers

If you access a Plan using a code, gift card, pre-paid offer, or other voucher provided or sold by or on behalf of EVOLV (a "Code"), additional terms and conditions presented with that Code may also apply to your access to EVOLV. You agree to comply with any such accompanying terms and conditions.

B. Trial Period

Trials - We may periodically offer Account Holders a Trial, which may be provided free of charge or for a fee upon registration. All specific details of the Trial, including its duration and any associated costs, will be clearly communicated at the time the Trial is offered.

Payment Details and Eligibility - All Trials require you to provide your payment details before you can begin. We reserve the sole right to determine if you are eligible for a Trial and may, to the extent permitted by law, withdraw or modify any Trial at any time without prior notice or liability.

Automatic Charges After Trial - By providing your payment details, you consent to automatic charging. If the Trial has a fee, you agree we can begin charging you for the Trial immediately. If the Trial is free or has a fee, you agree that on the first day following the end of the Trial, you will be automatically charged for the selected Plan (monthly or annual, as initially chosen).

Cancellation - To avoid being charged for the Plan after the Trial ends, you must cancel the applicable Plan before the Trial period expires. Details on how to cancel your Plan can be found in the “Cancellations” section below.

Free Trial Continuation - Specifically, you acknowledge and understand that any free trial will automatically expire on the stated date or after the specified number of days upon registration. Following this expiration, your membership will continue, and you will be automatically charged the agreed-upon monthly or annual price. This payment will automatically renew on a recurring monthly or annual basis until you cancel your membership.

C. Paused Plans

If your account is in good standing, you may be offered the option to "pause" your membership.

Please note that if you choose a Paused Plan:

- Your Account Holder Content will be maintained on the Platform.

- You will not be able to log into or access your Account Holder Content on the Platform.

Furthermore, we may require you to disconnect your payment processor and domain to prevent any third party from accessing or viewing your Account Holder Content while your membership is paused.

USER PAYMENTS, CANCELLATIONS, AND REFUNDS

a. Payments

Upon registering for an account, Account Holders agree to the fees and payment schedule posted on our website. To facilitate the purchase of a Plan, we will ask Account Holders to provide certain personal information, including, but not limited to, your name, credit card number, billing address, expiration date, and card security code.

Automatic Renewal - Account Holders explicitly understand and acknowledge that your monthly or annual subscription will automatically renew each month or year at the price agreed upon during registration and will continue until you cancel it.

Payment Authorization and Processing - You represent and warrant that you are legally authorized to use the credit or debit card(s) placed on file for the purchase and access of EVOLV. You grant us permission to automatically charge your credit or debit card for all due and payable fees and charges, without requiring additional authorization.

A record of your payment history will be accessible in your account dashboard. You also agree that we are authorized to share necessary payment information and instructions with our third-party payment service providers (e.g., for credit card transaction processing, merchant settlement, and related services) to complete the payment transactions. We will handle any such information in accordance with our Privacy Policy.

Consequences of Non-Payment - If payment is not received when due, the Company reserves the right to immediately deny or terminate your access to EVOLV and, as outlined below, delete your account and all associated Member Content.

b. Cancellations

Cancellation of Your Plan - You may cancel your Plan at any time. When you cancel, the cancellation will take effect at the end of your current billing cycle.

Please note that upon cancellation, all licenses granted to you for the use of EVOLV under this Agreement will immediately end.

Before canceling your Plan, you must download any contact data you wish to keep from our Platform.

For important terms regarding the removal or migration of your own original content uploaded to the Platform (“Account Holder Content”), please refer to the section below.

c. Refunds

Refund Policy - Your satisfaction with EVOLV is important; however, due to the substantial time, effort, preparation, and care involved in its creation and provision, we maintain a strict no-refund policy. You acknowledge and agree that, unless legally required, all sales are final, no refunds will be offered for any portion of your payment, and payments will not be pro-rated at any time. By purchasing and/or using EVOLV, you confirm your understanding and agreement to this final sales and no-refund policy.

Chargeback Policy - Given the clear and explicit refund policy agreed to before purchasing EVOLV, we do not tolerate or accept chargeback threats or actual chargebacks initiated through your credit card company or payment processor.

Should a chargeback be placed on a purchase or a chargeback threat be received during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or any other entity. This may result in inclusion in a chargeback database or listing as a delinquent account, which could negatively impact your credit score.

The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers may be removed from the database upon making payment for the amount of the chargeback.

OWNERSHIP AND LICENSE

A. Our Ownership of Our Content

Ownership and Intellectual Property - EVOLV, and all its components, remain the sole and exclusive property of EVOLV, unless specifically stated otherwise. This includes, but is not limited to, all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, intellectual property, and any other data or copyrightable materials or content, including the selection and arrangement thereof. This property is fully protected by copyright, trademark, and other relevant intellectual property laws.

Restrictions on Use - You are expressly prohibited from modifying EVOLV in any way, including its trademarks. Furthermore, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any of the material contained within EVOLV, including text, graphics, code, and/or software, through any means or in any manner whatsoever.

B. Our Limited License to You

License to Access EVOLV - By accessing, viewing, or downloading EVOLV, you become our licensee and are granted a limited, non-transferable, non-exclusive, non-sublicensable, and revocable license to access the platform.

Restrictions on Use - This license is strictly for your personal use and cannot be assigned or sublicensed without our explicit written consent. You agree not to:

- Distribute, use, sell, copy, or disclose EVOLV, or any part of it, to any third party (including friends or family).

- Use EVOLV for commercial purposes or in any manner that generates money for you or any third party, except as expressly permitted.

- Interfere with, damage, or harm EVOLV.

- Attempt to reproduce the Platform, Content, or Services, including but not limited to, decompiling, reverse engineering, disassembling, creating derivative works from, reproducing, redistributing, or selling any part of it, unless we expressly permit it in writing.

Permitted Use - You may print and download materials from different areas of the Platform, Content, or Services solely for your own non-commercial use.

When doing so, you must agree not to alter or remove any copyright or proprietary notices. Furthermore, you must not share any material for which you paid a license fee with anyone who has not also purchased a license for that material.

Reservation of Rights - All rights not explicitly granted to you in these terms or any separate written license are reserved by us.

C. Founding Member Unlimited Plans

Founding Members receive full, unlimited access to the Platform, Content, and Services for the entire duration of EVOLV's operation. This lifetime access remains valid regardless of any future changes to pricing plans or tiered structures, provided your account remains active and all payments are received when due.

In essence, your access to EVOLV will continue as long as EVOLV hosts and provides the Platform, Content, or Services you have purchased, and your account remains in good standing.

However, EVOLV reserves the absolute right and discretion to temporarily suspend or permanently terminate your lifetime access at any time, without prior notice or refund, if EVOLV determines, in its sole judgment, that you have violated these Terms in any manner.

D. Account Holder Content Ownership and Terms

Your Content and Ownership - The content you upload to the Platform remains yours ("Account Holder Content").

You retain all ownership rights in your Account Holder Content. EVOLV does not claim any intellectual property rights over materials you upload by virtue of your use of the Platform.

Your Agreement on Uploading Content - By uploading your Account Holder Content, or requesting EVOLV's services to do so, you agree to the following conditions:

Review and Compliance: We may review your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but we are not obligated to review anything you upload.

Discretionary Upload: You upload your content at your own discretion. We do not provide prior certification, approval, or permission for your uploads.

Storage Permission: By uploading, you permit us, our affiliates, or vendors to store your content.

Copyright and Rights: You confirm that the content you upload does not contain copyrighted material or material subject to other third-party proprietary rights, unless you have permission from the owner or are otherwise legally entitled to post the material and grant us the necessary licenses.

Warranties: You affirm, represent, and warrant that you own or possess the necessary licenses, rights, consents, and permissions to publish the Account Holder Content you submit.

Account Access for Support: You authorize us to access your account and content, if necessary, to assist with any issues you encounter. You agree that we will not be liable for any damage, loss, or destruction to your content during this access, except in cases of our willful misconduct or, if required by applicable law, gross negligence.

License Grant to EVOLV: You grant EVOLV a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to access, use, reproduce, distribute, prepare derivative works of, and perform (e.g., display or transmit) your Account Holder Content to provide our Services. This includes, without limitation, promoting and redistributing all or part of your content across any media formats and channels, including for advertising or other commercial use. (In simpler terms, since you own your content, you must give us permission to display it and use it for essential internal operations, such as server storage).

Revoking Social Media Permissions: Upon termination or cancellation of your account, you must alter the permissions on any integrated social media platform to revoke EVOLV’s license to access that platform's information. This is solely your responsibility. EVOLV is not obligated to notify you about revoking these permissions and is not liable for failing to do so.

Data Retention: We may retain server copies of your Account Holder Content that has been removed or deleted, but we will not display, distribute, or perform it.

Our Responsibility and Rights - We are not responsible for Account Holder Content and do not endorse any opinions expressed within it. We reserve the right to disable access to EVOLV or remove you and your Account Holder Content from our Platform if you violate these Terms.

E. Limitations on Use and Removal of Account Holder Content from EVOLV

Permitted Use and Non-Transferability - Access to EVOLV Content, Platform, and Services is strictly limited to current EVOLV Account Holders and must be used exclusively within the EVOLV ecosystem.

Export Restrictions - All materials within EVOLV are non-transferrable. You explicitly acknowledge and agree that you cannot export your Account Holder Content to any other HighLevel ecosystem or any external software, ecosystem, funnel builder, or domain. EVOLV is under no obligation to assist with any attempted export.

Prohibited Sharing - You are strictly prohibited from using or sharing any Content, including without limitation FGF University training materials, outside of the EVOLV platform without our explicit consent.

Support Limitations - EVOLV Support calls are available exclusively for current Account Holders, and access may be restricted based on membership tier or type.

Consequences of Cancellation or Termination - Upon cancellation or termination of your EVOLV membership, you will immediately lose access to all data, including, but not limited to, EVOLV designs, FGF University, and EVOLV Support Calls, Content, Platform, and Services. You will also be removed from any associated EVOLV Support Groups.

Loss of Account Holder Content - We cannot guarantee the availability of your Account Holder Content after cancellation and have no obligation to retain it. Therefore, EVOLV is not responsible for the loss of any Account Holder Content following cancellation or termination of a Plan, nor shall we be liable for your inability to access such content, including any claims of interference or contractual relations.

F. Account Holder and Team Member License to Company; Use in Testimonials and Marketing

We periodically offer Account Holders and Team Members the chance to provide EVOLV with feedback, testimonials, and suggestions for improvement.

By submitting materials, such as text, photos, designs, graphics, images, or videos (collectively, "Contributions"), you confirm that you are the owner of these materials and are at least 18 years old. You agree that any feedback, testimonials, or improvement ideas you provide are non-confidential, and you authorize us to use them without restriction or payment.

Furthermore, you grant us, and those we authorize, the right to use your likeness and identify you as the author or individual depicted in any Contributions created by you or us. This identification may use your name, email address, or screen name for any purpose, including commercial purposes and advertising. You acknowledge that while we have the right to use your Contributions, we are not obligated to do so, and we may stop using any such Contributions for EVOLV at any time for any reason.

Code of Conduct

Illegal and Unlawful Conduct: You must not use EVOLV for any activity that violates federal, state, local, or international laws or regulations, including, but not limited to, telecommunications laws, export laws, and the rights of others.

Offensive Content: You are prohibited from registering a name, engaging in, or uploading content that is offensive, abusive, defamatory, pornographic, threatening, or obscene.

Intellectual Property Violations:

- Do not upload or post any content—including copyrighted, trademarked, or proprietary materials—without the express permission of the owner.

- Do not post content that infringes on the patent, trademark, trade secret, copyright, right of publicity, or other intellectual property rights of any party.

- You may not remove or alter any copyright, trademark, or other intellectual property notices present on EVOLV or Account Holder Content.

System Interference and Security Breaches:

- You must not transmit, distribute, or send viruses, worms, malware, Trojan horses, or any other dangerous, harmful, or destructive code.

- Do not attempt to breach the security of another account or gain unauthorized access to any network or server.

- You shall not interfere with anyone else’s use and enjoyment of EVOLV.

Fraud and Unauthorized Use:

- Fraudulent activities will not be tolerated.

- Do not use EVOLV in any way not expressly permitted by this agreement or applicable law, or in a manner that infringes EVOLV’s intellectual property rights.

- You may not use EVOLV for any purposes other than its intended use.

Modification: You shall not reverse-engineer, decompile, disassemble, modify, or create derivative works of EVOLV or any part of it, except as permitted by law.

Commercial Exploitation: You are not permitted to sell, rent, sublicense, or lease any part of EVOLV.

Account Sharing/Client Hosting: Each EVOLV account is limited to one business. You cannot host your clients' funnels on your personal or business account. Agencies must create a separate account for each client, ideally through their affiliate link, and then contact EVOLV for client access configuration.

Spamming: You may not use EVOLV to send spam, junk or bulk email, chain letters, unauthorized solicitations, or engage in any form of lottery or gambling.

Harassment and Hate Speech: You must not partake in any behavior that victimizes, harasses, degrades, or intimidates any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, disability, socio-economic status, or other identity. Hate speech is strictly prohibited.

Inappropriate Content: Do not upload, share, post, or distribute any material that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, contains explicit or graphic descriptions of sexual acts (including violent or threatening sexual language), or violates our policies.

Exploitation of Personal Information: You will not use any EVOLV community feature to gather personal information about other Account Holders.

Content Sharing: You will not share EVOLV's Content with anyone who is not properly licensed to access it.

Violation of this Code of Conduct may result in the removal of your Account Holder Content and membership cancellation. We reserve the sole discretion to determine whether specific conduct constitutes a violation of our Code of Conduct.

DATA POLICY; LEGAL COMPLIANCE; RELEASE

Compliance, Representations, and Indemnification

Compliance with Laws and Regulations - You commit to abiding by all relevant laws, regulations, orders, and rules across all applicable jurisdictions related to your use of, or activities associated with, EVOLV. This includes, but is not limited to, laws concerning telecommunications, privacy, and personal or consumer data.

Your Warranties Regarding Lawfulness - You represent and warrant that all your activities on or related to EVOLV comply with all governmental laws, rules, regulations, and orders. Furthermore, you affirm that any information you use on EVOLV or provide to EVOLV for the purpose of receiving our services was obtained lawfully.

Data Transfer and Collection Responsibilities - You specifically agree to ensure that you have all necessary and appropriate consents and notices in place to legally enable the transfer of individual personal data to EVOLV, and that you will lawfully collect such personal data.

Assumption of Liability - You assume all liability concerning EVOLV that is related to or arises from compliance with all laws, rules, and regulations. This includes, without limitation:

- Federal and state election laws

- The California Consumer Privacy Act (CCPA)

- Federal Trade Commission (FTC) rules

- Telemarketing laws

- The CAN-SPAM Act

- The Telephone Consumer Protection Act (TCPA)

- Federal and state “anti-spam” or Do Not Call rules or registries

- The General Data Protection Regulation ((EU) 2016/679) (“GDPR”) and its retained UK version.

Release and Hold Harmless Agreement - You hereby release, agree not to sue, and will hold harmless EVOLV, including its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, vendors or suppliers, successors, and assigns (collectively, the “Releasees”), from and against any and all liability.

This liability includes any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs, or expenses of any kind, whether known or unknown, arising out of or connected with:

- Your violation of any third-party right, including any copyright, property, or privacy right;

- The unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information; or

- Your failure to obtain the necessary consents or provide required notices to enable the lawful transfer of third-party personal data to EVOLV or its vendors or suppliers.

This release applies whether or not the liability is caused by the active or passive negligence of the Releasees. This provision is not intended as an attempted release of claims for gross negligence or intentional acts by Releasees.

OUR RIGHTS IN OPERATING EVOLV

Company Rights Regarding EVOLV - The Company reserves the following rights concerning the EVOLV platform:

- Modification and Termination: We may modify, discontinue, or refuse access to EVOLV at any time for any reason, without prior notice.

- Removal of Account Holders: We retain the sole and absolute discretion to remove any account holder from EVOLV at any time, for any reason. This right is not limited by any other provision in this Agreement.

- Content Monitoring: We may, but are not obligated to, monitor any Account Holder Content posted on the Platform.

- Customer Support Access: If an Account Holder requires customer support, such as assistance with uploading content, the Account Holder grants us permission to access their account to provide the requested service.

- Data Retention Post-Cancellation: If you cancel your account, we may retain an archival copy of your Account Holder Content. You grant us a non-exclusive, perpetual, and irrevocable license to maintain this archival copy for compliance with relevant laws and regulations and for our internal business purposes, subject to applicable law.

- Agreement Amendments: EVOLV possesses the absolute right, in its sole discretion, to modify, change, alter, suspend, or terminate any provision of this Agreement without prior warning at any time. Your continued access to EVOLV after any such modifications are posted signifies your acceptance of those changes.

Third-Party Content

The Platform, Content, or Services may include links to third-party advertisers, websites, or services ("Third-Party Content"). You acknowledge and agree that the Company is not responsible or liable for:

- The availability or accuracy of such Third-Party Content.

- The content, products, or resources offered on or accessible through such Third-Party Content.

- Links to Third-Party Content do not imply our endorsement. The Company is not responsible or liable for the behavior, features, or content of any Third-Party Content, nor for any transaction you may enter into with any such Third Party. You assume all risk and sole responsibility arising from your use of any Third-Party Content.

The Company disclaims any responsibility or liability in connection with your access or use of any Third-Party Content.

DMCA

A. General Policy: Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), EVOLV has the following policy:

We reserve the right to remove, block, or otherwise "take down" any content appearing on EVOLV if we have a good faith belief that it violates any copyrights. This includes, without limitation, any content that your own customers or users may upload to the Platform.

B. Reporting of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA):

Notice

To notify EVOLV that you believe content on the site infringes upon your intellectual property rights, please send a notice to the following address via physical mail or email:

Parker Management, Inc. / EVOLV

1823 Stampede Ave STE A

Cody, Wyoming

82414 USA

Contents of Notice

DMCA Notice Requirements - If you send EVOLV a notice concerning alleged copyright infringement, it must include the following details:

- A physical or electronic signature from the copyright owner or a person authorized to act on their behalf.

- Identification of the copyrighted work claimed to have been infringed.

- Identification of the material/works/content claimed to be infringing that you want removed. This must include a location (URL) and other information sufficient for EVOLV to find and review the material on the platform.

- Your contact information (address, telephone number, and email address) so EVOLV can contact you.

- A statement from you confirming your good faith belief that the use of the material/works/content is not authorized by the copyright owner, its agent, or the law.

- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Counter Notification

If any content (belonging to an Account Holder, Team Member, other User, or third-party) is removed following a DMCA notice, you have the option to send EVOLV a Counter Notice if you believe the removal was wrongful. Your Counter Notice must contain:

- A physical or electronic signature.

- Identification of the removed material and the location where it appeared before removal.

- A statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification.

- Your name, address, and telephone number, along with a statement consenting to the jurisdiction of the Federal District Court for the Southern District of California and agreeing to accept service of process from the person who provided the original notification.

Important Notes:

- A copy of any notice received will be forwarded to the party who posted the content reported as infringing.

- Repeat Infringements: If EVOLV receives multiple DMCA complaints regarding any Account Holders, Team Members, other Users, or third-parties, EVOLV may permanently remove that person from the platform without further warning.

Trademark Violations

A. Trademark Infringement

The DMCA addresses copyright infringement of creative works only. For claims of trademark infringement, EVOLV requires that notices include the following information:

- Description of your trademark or service mark.

- The registration number, if applicable.

- The basis for your trademark claim.

- The jurisdiction where you claim trademark rights.

- The class (category) of goods or services and the accompanying description for which you assert trademark rights.

Please be aware that any received notice may be forwarded to the party who posted the reported content.

Account Ownership Disputes

In the unlikely event of an account ownership dispute, EVOLV retains the right to request additional information from you to ascertain ownership and resolve the matter.

The documentation we may request to help settle such disputes includes, but is not limited to:

- A copy of your government-issued photo identification.

- Business documents proving your entity's ownership, such as a Charter, Certificate of Incorporation, LLC Agreement, or business license.

- Your billing information and details.

- Certified copies of your tax returns or other tax documents.

- Any other documentation EVOLV deems necessary to resolve the dispute.

Should a dispute occur, EVOLV reserves the absolute right to determine account ownership and to transfer the account to the person or entity it identifies as the rightful owner, provided this action is not prohibited by law.

Payment Processing

Payment Processing and Compliance - Our platform currently utilizes Stripe and PayPal for payment processing services. These services are governed by the respective Stripe and PayPal user agreements or terms of service. We reserve the right to integrate with other payment processors in the future, and their services will likewise be subject to their specific user agreements or terms.

By agreeing to this Agreement, you also agree to be bound by the user agreements or terms of service of any payment processing provider with which you integrate your account.

To enable payment processing services, you are required to provide complete and accurate information about yourself and your business. You authorize us to share this information, as well as transaction details, with the payment processing provider(s).

Furthermore, you acknowledge and agree that you are solely responsible for all legal and regulatory compliance in the country or countries where you conduct business.

Errors and Corrections

EVOLV does not guarantee that the Platform, Content, or Services will be entirely reliable or error-free, nor does it guarantee that defects will be corrected or that access to its offerings will be uninterrupted.

EVOLV reserves the right to improve and/or change its features and functionality at any time. While commercially reasonable efforts will be made to avoid service disruptions during peak hours, some downtime may occur. EVOLV also reserves the right to amend the Platform, Content, or Services, at its sole discretion and without prior notice.

We will not be liable if all or any part of EVOLV becomes unavailable at any time or for any period. Access to some or all of EVOLV may be restricted periodically for maintenance or other internal purposes.

Account Holders are solely responsible for any errors found within their own Account Holder Content.

Disclaimers; Limitation of Liability

Limitation of Liability and Disclaimer - You acknowledge and agree that EVOLV's liability for any damages, losses, or lack of success resulting from your use of the Platform, Content, or Services, or from any breach of this Agreement, is excluded.

You further understand and agree that the EVOLV Platform is provided "As Is." EVOLV makes no warranty or guarantee that the Platform will be 100% perfect, reliable, or free of errors or defects at all times.

Should any claim for damages against EVOLV arise, our total liability will be limited to the total fees you paid to us within the 12 months immediately preceding the accrual of that claim.

DISCLAIMER OF WARRANTIES - YOU ACKNOWLEDGE AND AGREE THAT EVOLV IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. EVOLV AND ITS OWNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THOSE OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER EVOLV NOR ANY CONTENT OWNER WARRANTS THAT EVOLV IS FREE FROM MALWARE OR OTHER HARMFUL COMPONENTS. EVOLV FURTHER MAKES NO REPRESENTATION, WARRANTY, ENDORSEMENT, GUARANTEE, OR ASSUMES RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS OR THEIR CONTENT, ACCOUNT HOLDER CONTENT, DEVICES, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON OR THROUGH EVOLV, ANY HYPERLINKED WEBSITE, OR IN ANY ADVERTISING. EVOLV IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN AN ACCOUNT HOLDER AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ORAL OR WRITTEN ADVICE OR INFORMATION OBTAINED BY YOU FROM EVOLV SHALL CREATE ANY WARRANTY ON BEHALF OF EVOLV. WHILE EVOLV MAY OFFER EXPLICIT CONTENT FILTERING FEATURES, THE USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED, AND YOU SHOULD NOT RELY ON THEM TO FILTER ALL EXPLICIT CONTENT. THIS SECTION IS APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW AND DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitations on Remedies

LIMITATION OF LIABILITY AND SOLE REMEDY - YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH EVOLV SERVICES IS LIMITED TO THE PORTION OF FEES YOU PAID TO US WITHIN THE 12 MONTHS IMMEDIATELY PRECEDING THE ACCRUAL OF YOUR CLAIM.

EVOLV IS NOT LIABLE FOR ANY ISSUES ARISING FROM OR CONNECTED TO THIRD-PARTY APPLICATIONS OR THEIR CONTENT, EVEN IF MADE AVAILABLE THROUGH EVOLV. YOUR RELATIONSHIP WITH SUCH THIRD PARTIES MAY BE GOVERNED BY SEPARATE AGREEMENTS. YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO EVOLV, FOR ANY DISSATISFACTION OR PROBLEMS WITH THIRD-PARTY APPLICATIONS OR THEIR CONTENT, IS LIMITED TO THE FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF ANY CLAIM.

IN NO EVENT WILL EVOLV, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, NOR FOR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT). THIS EXCLUSION APPLIES IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE EVOLV, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF THE LEGAL THEORY, WHETHER OR NOT EVOLV WAS WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE AGGREGATE LIABILITY FOR EVOLV, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS FOR ALL CLAIMS RELATING TO EVOLV, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT SHALL NOT EXCEED THE TOTAL AMOUNTS YOU PAID TO EVOLV DURING THE TWELVE MONTHS PRECEDING THE CLAIM.

EVOLV does not limit or exclude its liability, as set out in the Agreements, for fraudulent misrepresentation, fraud, personal injury or death resulting from its negligence, or, where required by applicable law, gross negligence.

YOU AGREE THAT ANY CLAIM AGAINST EVOLV MUST BE FILED AS AN INDIVIDUAL ACTION, PURSUANT TO THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT, NO LATER THAN ONE (1) YEAR AFTER THE DATE THE CLAIMING PARTY FIRST KNEW OR REASONABLY SHOULD HAVE KNOWN OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM.

ANY CLAIM NOT ASSERTED WITHIN THAT ONE-YEAR PERIOD IS WAIVED, AND THE CLAIMING PARTY SHALL HAVE NO RIGHT TO ANY REMEDY.

THIS SECTION IS ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Releasees from any and all claims, damages, liabilities, losses, costs, debt, and expenses (including attorney's fees) arising from your access to or use of the Platform, Content, and Services, or from your breach of any term of this Agreement.

Furthermore, you agree to indemnify the Releasees for any claims arising from your violation of any third-party rights, including, without limitation, copyright, property, or privacy rights, and any claim that your Account Holder Content caused harm to a third party.

You also agree to indemnify the Releasees for any claim related to the transfer of third-party personal data to EVOLV or its vendors/suppliers, or any loss or damage (including third-party, governmental, or regulatory claims, actions, proceedings, or fines) related to or arising from: your unauthorized acquisition, access, use, or disclosure of non-public personally identifiable information or confidential corporate information; improper collection or retention of such information; failure to protect such information; or failure to obtain necessary consents or provide required notices for the lawful transfer of third-party personal data to EVOLV or its vendors/suppliers.

The Company reserves the right to assume the exclusive defense and control of any matter subject to your indemnification obligations, and you agree to fully cooperate and assist the Company in the defense or settlement of such matters. This defense and indemnification obligation shall remain in effect and survive the termination of this Agreement and your use of the Platform, Content, or Services.

Governing Law and Jurisdiction; Disputes

This Agreement is governed by and shall be interpreted in accordance with the laws of the State of Wyoming, without reference to its conflict of laws principles. You agree that any legal action arising from or related to this Agreement must be filed exclusively in the state or federal courts located within the State of Wyoming. By entering this Agreement, you consent and submit to the exclusive personal jurisdiction of these courts for any such litigation and waive any defense based on lack of personal jurisdiction or the doctrine of forum non conveniens.

Both you and EVOLV voluntarily waive the right to a trial by jury. Furthermore, you agree that any and all disputes will be resolved solely on an Cindividual basis. You explicitly waive the right to seek resolution of any dispute through a class action, a representative action, a collective action, a private attorney-general action, or any other proceeding in which you act or propose to act in a representative capacity. You also agree not to join, consolidate, or combine any proceeding with another proceeding without the prior written consent of EVOLV and all parties involved in such proceeding.

In the event of any dispute between the parties arising out of or related to this Agreement, whether the matter is resolved through negotiation, mediation, or litigation, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party.

California Civil Code Section 1789.3

If you are a California website user, you are entitled to the following specific consumer rights notice. This is the California Consumer Rights Notice.

The Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, can be reached in writing at 400 R Street, Suite 1080, Sacramento, California, 95814. For telephone contact, you may call (916) 445-1254 or (800) 952-5210. This is the Contact Information for the Division of Consumer Services.

For complaints or to request further information, please use the address provided in the "Contact Us" section of this Agreement. This is the General Contact for Complaints/Information.

Privacy

Your use of EVOLV is subject to our Privacy Policy.

Force Majeure

The Company will not be held liable for any delay in or failure of performance due to causes beyond its reasonable control. These causes include, but are not limited to, unforeseen circumstances or events such as: acts of God, war, terrorism, riots, embargoes, actions by governmental, regulatory, civil, or military authorities, fire, floods, accidents, strikes, pandemics, or shortages.

Entire Agreement; Severability of Provisions; No Waiver

Entire Agreement These Terms of Use, together with all incorporated notices (including the Privacy Policy) contained on EVOLV, constitute the complete and exclusive agreement between the parties regarding your access to and use of all offerings on EVOLV, including the Platform, Content, and Services.

Severability Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal, void, or otherwise unenforceable, that specific provision will be considered detached from the rest of the Agreement, and the validity and enforceability of the remaining provisions shall not be affected.

No Waiver Any waiver of a provision in this Agreement is only valid if it is in writing and signed by both parties. The failure to immediately enforce any right or remedy under this Agreement does not constitute a waiver of the right to enforce that right or remedy in the future, nor does it waive any other right or remedy.

Changes to the Terms of Use

EVOLV reserves the right to review and update this Agreement at its sole discretion at any time. It is your responsibility to stay informed of these changes, which become effective immediately upon posting and apply to all subsequent use of the Platform, Content, or Services. By continuing to use EVOLV after any revisions to the Terms of Use have been posted, you accept and agree to be bound by those changes. You should check this webpage regularly for updates.

Titles/Heading

The section headings and titles in this Agreement are included solely for ease of reference and information for the parties and are not to be considered part of the substantive language of this Agreement. Neither you nor EVOLV should rely on or interpret the headings substantively when determining the meaning of any section or the Agreement in its entirety.

Contact Us

You can contact Us with any questions or concerns about these Terms of Use, the Platform, Services, or Content. Please use the "Contact" information provided on our website, or reach out to Us via physical or electronic mail at the address below.

Note: EVOLV office is not open to the public

Parker Management, Inc. / EVOLV

1823 Stampede Ave STE A

Cody, Wyoming

82414 USA