Last Modified: May 1, 2026

PLEASE READ THIS DOCUMENT CAREFULLY.

1. INTRODUCTION

These Terms of Use ("Terms" or "Agreement") govern your access to and use of 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" or the "Platform").

The EVOLV software platform can be found at https://evolvapp.io. This includes all associated subdomains, mobile applications, and any other media, location, or application related to EVOLV.

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.

This Agreement incorporates and is governed by our Privacy Policy and any other documents referred to within these agreements.

1.1 Scope of Agreement

This Agreement governs all users of EVOLV ("Users" or "You"), including monthly or yearly subscribing members ("Members"), Paused Plan members ("Paused Plan Members"), and members on any other plan.

2. AGE REQUIREMENT

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 and must not submit any personally identifiable information.

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

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Holders

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 that impersonate or suggest you represent any other person 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

3.2 Team Members

Only Account Holders may register for an account. Once registered, Account Holders may add Team Members and provide them with separate login credentials. The Account Holder assumes full responsibility for maintaining the confidentiality of their account and any activities conducted under their account, including actions performed by Team Members.

3.3 Security 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 credentials, or distributed non-public Content to any other person.

You must notify us immediately of any known or suspected unauthorized use of your email and password or any other security breach. We are not liable for any loss you may incur due to unauthorized use of your account. You could be held liable for losses incurred by us or another party resulting from someone else using your account.

4. PRICING PLANS AND TRIALS

4.1 Subscription Plans and Pricing

Details of our subscription plan options ("Plans") are available on our 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 during a trial period. 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.

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.

4.2 Trial Period

We may periodically offer Account Holders a Trial, which may be provided free of charge or for a fee upon registration. All Trials require you to provide your payment details before you can begin. We reserve the right to determine if you are eligible for a Trial and may withdraw or modify any Trial at any time.

By providing your payment details, you consent to automatic charging. If the Trial has a fee, you agree we can begin charging you 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.

To avoid being charged for the Plan after the Trial ends, you must cancel the applicable Plan before the Trial period expires.

4.3 Paused Plans

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

•       We may require you to disconnect your payment processor and domain to prevent third-party access to your Account Holder Content

5. USER PAYMENTS, CANCELLATIONS, AND REFUNDS

5.1 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 you to provide personal information, including your name, credit card number, billing address, expiration date, and card security code.

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.

You represent and warrant that you are legally authorized to use the credit or debit card placed on file. You grant us permission to automatically charge your credit or debit card for all due and payable fees and charges, without requiring additional authorization. You agree that we are authorized to share necessary payment information with our third-party payment service providers to complete payment transactions, in accordance with our Privacy Policy.

If payment is not received when due, the Company reserves the right to immediately deny or terminate your access to EVOLV and delete your account and all associated Member Content.

5.2 Cancellations

You may cancel your Plan at any time. When you cancel, the cancellation will take effect at the end of your current billing cycle. 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 Account Holder Content, please refer to Section 7.5 below.

5.3 Refunds

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. Except where required by applicable law, 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 using EVOLV, you confirm your understanding and agreement to this final sales and no-refund policy, subject to any mandatory consumer protection rights that may apply in your jurisdiction.

5.4 Chargeback Policy

Given the clear and explicit refund policy agreed to before purchasing EVOLV, we do not tolerate chargebacks initiated through your credit card company or payment processor without prior communication with EVOLV.

We reserve the right to dispute any chargeback and provide evidence to your financial institution of your agreement to these Terms. If a chargeback is deemed fraudulent or abusive, we may report the incident and take appropriate legal action to recover amounts owed.

This section does not limit your rights under applicable consumer protection laws, including the right to dispute transactions with your financial institution for legitimate reasons such as unauthorized charges or billing errors.

6. DATA PRIVACY AND PROCESSING ROLES

6.1 Data Controller and Data Processor Relationship

IMPORTANT: EVOLV acts as a data processor (or service provider) on your behalf. You, as the Account Holder, are the data controller (or business) with respect to any personal data you collect, store, or process using the EVOLV Platform.

As the data controller, you are solely responsible for:

•       Determining the purposes and means of processing personal data

•       Ensuring you have a lawful basis for collecting and processing personal data

•       Obtaining all necessary consents from individuals whose data you collect

•       Providing appropriate privacy notices to data subjects

•       Responding to data subject requests (access, deletion, portability, etc.)

•       Maintaining adequate security measures for data you control

•       Complying with all applicable data protection laws in your jurisdiction

EVOLV, as a data processor, processes personal data only on your documented instructions and in accordance with applicable data protection laws.

EVOLV will not use your Account Holder Content or the personal data you process through the Platform for any purpose other than providing the Services to you.

6.2 Your Data Protection Obligations

You represent and warrant that:

•       You have obtained all necessary consents and provided all required notices to enable the lawful collection and transfer of personal data to EVOLV

•       All personal data you collect or process using EVOLV was obtained lawfully and in compliance with applicable privacy laws

•       You will comply with all applicable data protection laws, including but not limited to GDPR, UK GDPR, CCPA, CPRA (California Privacy Rights Act), PIPEDA (Personal Information Protection and Electronic Documents Act, Canada), and any other federal, state, provincial, or international privacy regulations applicable to your activities

•       You will maintain your own privacy policy that accurately describes your data collection and processing practices

•       You will honor all data subject rights requests (such as requests for access, deletion, or portability) in accordance with applicable law

6.3 Data Breach Notification

In the event EVOLV becomes aware of a security breach affecting your Account Holder Content or personal data processed on your behalf, we will notify you without undue delay and within the timeframes required by applicable law.

Upon notification, you are responsible for:

•       Assessing whether you must notify affected individuals or regulatory authorities

•       Making all required breach notifications to data subjects and regulators

•       Complying with all breach notification requirements under applicable data protection laws

EVOLV will reasonably cooperate with you in connection with any data breach investigation or notification process, but you remain solely responsible for determining and fulfilling your legal obligations as a data controller.

6.4 Data Portability and Export

You have the right to export your own original contact data and customer information from the Platform at any time through the account dashboard or by contacting support.

However, you may NOT export or transfer:

•       EVOLV proprietary templates, designs, or funnel structures

•       Training materials, course content, or educational resources provided by EVOLV

•       Any other proprietary EVOLV Content or intellectual property

•       Your Account Holder Content to any other HighLevel ecosystem, software platform, or funnel builder without EVOLV's explicit written consent

Before canceling your account, you must download any contact data or customer information you wish to retain. EVOLV is under no obligation to assist with the export of proprietary templates or systems.

7. OWNERSHIP, LICENSE, AND CONTENT

7.1 EVOLV's Ownership

EVOLV, and all its components, remain the sole and exclusive property of EVOLV, unless specifically stated otherwise. This includes 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.

You are expressly prohibited from modifying EVOLV in any way or modifying, copying, reproducing, republishing, uploading, posting, transmitting, or distributing any of the material contained within EVOLV through any means.

7.2 Limited License to You

By accessing EVOLV, you are granted a limited, non-transferable, non-exclusive, non-sublicensable, and revocable license to access the platform for your personal use. This license 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

•       Use EVOLV for commercial purposes not expressly permitted

•       Interfere with, damage, or harm EVOLV

•       Reproduce, decompile, reverse engineer, disassemble, create derivative works from, or redistribute any part of EVOLV

You may print and download materials from the Platform solely for your own non-commercial use, provided you do not alter or remove any copyright or proprietary notices and do not share any material for which you paid a license fee with anyone who has not also purchased a license.

7.3 Founding Member Unlimited Plans

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

However, EVOLV reserves the right 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.

7.4 Account Holder Content 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 uploading Account Holder Content, you agree that:

•       We may review your content for compliance with our Code of Conduct, but we are not obligated to review anything you upload

•       You upload content at your own discretion

•       You permit us, our affiliates, or vendors to store your content

•       Your content does not contain copyrighted material or material subject to third-party proprietary rights unless you have permission or are legally entitled to post it

•       You own or possess the necessary licenses, rights, consents, and permissions to publish the Account Holder Content you submit

•       You authorize us to access your account and content if necessary to assist with issues, and agree we will not be liable for any damage or loss during this access (except in cases of our willful misconduct or, where required by applicable law, gross negligence)

•       You grant EVOLV a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to access, use, reproduce, distribute, prepare derivative works of, and perform your Account Holder Content to provide our Services

Upon termination or cancellation of your account, you must revoke EVOLV's license to access any integrated social media platforms. This is solely your responsibility.

7.5 Limitations on Use and Content Removal

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

All materials within EVOLV are non-transferrable. You explicitly acknowledge that you cannot export your Account Holder Content to any other HighLevel ecosystem or external software without EVOLV's explicit consent. You are strictly prohibited from using or sharing any training materials outside of the EVOLV platform.

Upon cancellation or termination of your EVOLV membership, you will immediately lose access to all data, including EVOLV designs, training materials, and Support Calls. You will also be removed from any associated EVOLV Support Groups.

We cannot guarantee the availability of your Account Holder Content after cancellation and have no obligation to retain it. EVOLV is not responsible for the loss of any Account Holder Content following cancellation or termination.

7.6 Use in Testimonials and Marketing

By submitting materials such as text, photos, designs, graphics, images, or videos ("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.

You grant us the right to use your likeness and identify you as the author or individual depicted in any Contributions 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.

8. AI-GENERATED CONTENT

8.1 Use of AI Features

EVOLV may provide features that use artificial intelligence ("AI") to generate content, including but not limited to text, images, marketing copy, email sequences, or other materials ("AI-Generated Content").

8.2 User Responsibility for AI Outputs

You are solely responsible for any AI-Generated Content you create, use, publish, or distribute through or outside of EVOLV. This includes:

•       Reviewing all AI-Generated Content for accuracy, appropriateness, and compliance with applicable laws before use

•       Ensuring AI-Generated Content does not infringe on any third-party intellectual property rights, trademarks, copyrights, or other proprietary rights

•       Verifying that AI-Generated Content complies with all advertising, marketing, and consumer protection laws in your jurisdiction

•       Making any necessary edits, modifications, or customizations to AI-Generated Content before publishing or distributing it

•       Ensuring AI-Generated Content does not contain false, misleading, defamatory, or unlawful statements

8.3 No Guarantees of Accuracy

EVOLV makes no representations or warranties regarding the accuracy, completeness, reliability, or suitability of any AI-Generated Content. AI-Generated Content is provided as a tool to assist you, but it may contain errors, inaccuracies, or inappropriate material.

You acknowledge that:

•       AI-Generated Content is produced by automated systems and may not always be accurate or appropriate

•       You must independently verify the accuracy of all AI-Generated Content before relying on it

•       EVOLV is not liable for any damages, losses, or legal claims arising from your use or reliance on AI-Generated Content

•       The use of AI-Generated Content does not constitute legal, financial, medical, or professional advice of any kind

8.4 Indemnification for AI Content

You agree to indemnify and hold harmless EVOLV from any claims, damages, or losses arising from your use, modification, publication, or distribution of AI-Generated Content, including any claims of intellectual property infringement, defamation, or violation of advertising or consumer protection laws.

9. CODE OF CONDUCT

You agree to use EVOLV in compliance with all applicable laws and the following code of conduct:

•       You must not use EVOLV for any activity that violates federal, state, local, or international laws or regulations

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

•       Do not upload or post any content without the express permission of the owner if it includes copyrighted, trademarked, or proprietary materials

•       You must not transmit, distribute, or send viruses, worms, malware, or any other harmful 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

•       Fraudulent activities will not be tolerated

•       You shall not reverse-engineer, decompile, disassemble, modify, or create derivative works of EVOLV

•       You are not permitted to sell, rent, sublicense, or lease any part of EVOLV

•       Each EVOLV account is limited to one business. You cannot host your clients' funnels on your account

•       You may not use EVOLV to send spam, junk email, chain letters, or engage in any form of lottery or gambling

•       You must not engage in behavior that harasses, degrades, or intimidates any individual or group based on protected characteristics

•       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.

10. THIRD-PARTY SERVICES AND PLATFORM DEPENDENCIES

10.1 HighLevel Infrastructure Dependency

IMPORTANT: EVOLV is built on the HighLevel platform infrastructure. HighLevel, not EVOLV, is responsible for core platform uptime, server availability, and infrastructure performance.

You acknowledge and agree that:

•       EVOLV does not control or guarantee the availability, uptime, or performance of the HighLevel platform

•       EVOLV is not responsible for any service interruptions, outages, downtime, or performance issues caused by HighLevel or its infrastructure

•       HighLevel may make changes to its platform, features, APIs, or services at any time, which may affect EVOLV's functionality

•       EVOLV's features and capabilities are dependent on HighLevel's continued provision of its underlying platform services

10.2 Third-Party Service Providers

EVOLV integrates with and relies upon various third-party service providers, including but not limited to:

•       Payment processors (Stripe, PayPal)

•       Email service providers

•       SMS and communication platforms

•       Video conferencing tools (Zoom)

•       Domain and hosting services

•       Other integrated applications and services

10.3 No Liability for Third-Party Services

EVOLV is not responsible for:

•       Outages, interruptions, or performance issues caused by third-party service providers

•       Changes to third-party services, APIs, pricing, or terms of service

•       Discontinuation or termination of third-party services

•       Data loss, security breaches, or other issues originating from third-party platforms

•       Any costs or fees imposed by third-party service providers

If a third-party service changes its features, pricing, terms, or ceases to operate, EVOLV may need to modify or discontinue related features within the Platform. EVOLV will make commercially reasonable efforts to provide notice of such changes when possible, but is not obligated to do so.

10.4 Feature Changes Due to Third-Party Modifications

You acknowledge that EVOLV's features and functionality may change if third-party tools or platforms:

•       Modify or discontinue their APIs or integration capabilities

•       Change their pricing, terms, or service levels

•       Impose new restrictions or requirements

•       Cease operations or become unavailable

EVOLV reserves the right to modify, suspend, or discontinue any feature or integration that depends on third-party services without liability to you.

10.5 Third-Party Terms and Conditions

Your use of third-party services through EVOLV (such as payment processors, email providers, or other integrations) is subject to the respective third-party's terms of service and privacy policies. You are responsible for reviewing and complying with all applicable third-party terms.

EVOLV does not endorse or guarantee any third-party services and is not responsible for any disputes between you and third-party service providers.

11. PAYMENT PROCESSING

Our platform currently utilizes Stripe and PayPal for payment processing services. These services are governed by their respective user agreements. We reserve the right to integrate with other payment processors in the future.

By agreeing to this Agreement, you also agree to be bound by the user agreements 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 with payment processors as necessary.

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

12. DISCLAIMERS AND LIMITATIONS OF LIABILITY

12.1 Service Availability

EVOLV does not guarantee that the Platform will be entirely reliable, error-free, or that defects will be corrected. EVOLV does not guarantee that access will be uninterrupted. We reserve the right to improve, change, or modify features and functionality at any time.

While commercially reasonable efforts will be made to avoid service disruptions, some downtime may occur. We will not be liable if all or any part of EVOLV becomes unavailable at any time or for any period. Access may be restricted periodically for maintenance or other purposes.

12.2 Disclaimer of Warranties

EVOLV IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVOLV DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

EVOLV makes no representation, warranty, or guarantee that:

•       The Platform will be free from errors, bugs, or malware

•       The Platform will meet your specific requirements or expectations

•       Your use of EVOLV will result in any particular business outcome, revenue, or success

•       Third-party integrations or services will function as expected

•       Content filtering features will block all inappropriate content

This section applies to the fullest extent permitted by applicable law and does not affect your statutory rights as a consumer where such rights cannot be waived.

12.3 Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVOLV, ITS OFFICERS, 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.

This exclusion applies regardless of the legal theory and whether or not EVOLV was warned of the possibility of such damages.

THE AGGREGATE LIABILITY FOR EVOLV FOR ALL CLAIMS SHALL NOT EXCEED THE TOTAL AMOUNTS YOU PAID TO EVOLV DURING THE TWELVE MONTHS PRECEDING THE CLAIM.

Nothing in these Terms limits or excludes EVOLV's liability for fraudulent misrepresentation, fraud, personal injury or death resulting from its negligence, or, where required by applicable law, gross negligence.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations and exclusions will apply only to the extent permitted by applicable law.

12.4 Time Limitation for Claims

To the extent permitted by applicable law, any claim against EVOLV must be filed as an individual action 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 period is waived.

13. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless EVOLV, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, employees, agents, representatives, vendors, suppliers, successors, and assigns (collectively, 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

•       Your breach of any term of this Agreement

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

•       Any claim that your Account Holder Content caused harm to a third party

•       Your violation of any data protection, privacy, or consumer protection law

•       Unauthorized acquisition, access, use, or disclosure of personal data

•       Your failure to obtain necessary consents or provide required notices for the lawful collection and processing of personal data

•       Your use, modification, or distribution of AI-Generated Content

EVOLV reserves the right to assume the exclusive defense and control of any matter subject to your indemnification obligations. You agree to fully cooperate with EVOLV in the defense or settlement of such matters. This obligation survives the termination of this Agreement and your use of the Platform.

14. EVOLV'S RIGHTS

EVOLV reserves the following rights:

•       Modify, discontinue, or refuse access to EVOLV at any time for any reason, without prior notice

•       Remove any account holder from EVOLV at any time, for any reason, in our sole discretion

•       Monitor any Account Holder Content posted on the Platform (though we are not obligated to do so)

•       Access your account to provide customer support when requested

•       Retain an archival copy of your Account Holder Content after cancellation for compliance and internal business purposes, subject to applicable law

•       Modify, change, alter, suspend, or terminate any provision of this Agreement without prior warning

Your continued access to EVOLV after any modifications are posted signifies your acceptance of those changes.

15. THIRD-PARTY CONTENT AND LINKS

The Platform may include links to third-party advertisers, websites, or services ("Third-Party Content"). You acknowledge that EVOLV is not responsible for the availability, accuracy, content, products, or resources offered through Third-Party Content.

Links to Third-Party Content do not imply our endorsement. You assume all risk arising from your use of any Third-Party Content. EVOLV disclaims any responsibility or liability in connection with your access or use of Third-Party Content.

16. DMCA AND INTELLECTUAL PROPERTY

16.1 Copyright Infringement Policy

Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), EVOLV reserves the right to remove, block, or take down any content appearing on EVOLV if we have a good faith belief that it violates any copyrights.

16.2 Reporting Copyright Infringement

To notify EVOLV of alleged copyright infringement, send a notice to:

Parker Management, Inc. / EVOLV

1823 Stampede Ave STE A

Cody, Wyoming 82414 USA

Your notice must include:

•       A physical or electronic signature from the copyright owner or authorized person

•       Identification of the copyrighted work claimed to have been infringed

•       Identification of the infringing material with sufficient detail for EVOLV to locate it (including URL)

•       Your contact information

•       A statement of good faith belief that the use is not authorized

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

16.3 Counter Notification

If content is removed following a DMCA notice, you may send 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 its prior location

•       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, telephone number, and consent to jurisdiction

EVOLV may forward any notices received to the party who posted the reported content. Repeat infringers may be permanently removed from the platform.

17. GOVERNING LAW AND JURISDICTION

To the extent permitted by applicable law, 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.

To the extent permitted by applicable law, 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 to the exclusive personal jurisdiction of these courts, subject to mandatory consumer protection laws that may grant you additional rights in your jurisdiction.

Both you and EVOLV voluntarily waive the right to a trial by jury, to the extent permitted by applicable law. You agree that disputes will be resolved solely on an individual basis. You explicitly waive the right to seek resolution through a class action, representative action, collective action, or private attorney-general action, except where prohibited by applicable law.

Nothing in this section limits any mandatory consumer rights you may have under the laws of your jurisdiction, including rights that cannot be waived by contract.

18. CALIFORNIA CONSUMER RIGHTS NOTICE

If you are a California resident, you are entitled to the following specific consumer rights notice under California Civil Code Section 1789.3:

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, or by telephone at (916) 445-1254 or (800) 952-5210.

19. FORCE MAJEURE

EVOLV will not be held liable for any delay in or failure of performance due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, actions by governmental authorities, fire, floods, accidents, strikes, pandemics, or shortages.

20. ENTIRE AGREEMENT AND SEVERABILITY

These Terms of Use, together with the Privacy Policy and all incorporated notices, constitute the complete and exclusive agreement between the parties regarding your access to and use of EVOLV.

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.

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 does not constitute a waiver of the right to enforce that right in the future.

21. CHANGES TO THESE TERMS

EVOLV reserves the right to review and update this Agreement at any time. Changes become effective immediately upon posting and apply to all subsequent use of the Platform. By continuing to use EVOLV after revisions have been posted, you accept and agree to be bound by those changes. You should check this page regularly for updates.

22. CONTACT INFORMATION

You can contact us with any questions or concerns about these Terms of Use at:

Parker Management, Inc. / EVOLV

1823 Stampede Ave STE A

Cody, Wyoming 82414 USA

Note: EVOLV office is not open to the public.