Terms of Service

1. Eligibility and Age Restrictions

Our Services are intended for users who are at least 13 years old. By accessing or using our Services, you represent and warrant that:

• You are at least 13 years of age.
• If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you have obtained parental or guardian consent to use our Services.
• You have the legal capacity to enter into these Terms and comply with them.

2. Changes to the Terms

We reserve the right to modify or update these Terms at any time in our sole discretion. All changes are effective immediately upon posting on the Website. Your continued use of the Services after the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check this page periodically for updates.

3. About Evolua

Evolua provides advanced AI-driven tools and services designed to enhance your software development workflow, including but not limited to code analysis, review suggestions, and productivity enhancements.

4. User Accounts

Account Registration

To access certain features of our Services, you may be required to register for an account (“Account”). During registration, you agree to provide accurate, current, and complete information about yourself. You are responsible for updating your Account information to keep it accurate and complete.

Account Security

You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to notify us immediately at support@evolua.io of any unauthorized use of your Account. We are not liable for any loss or damage arising from your failure to comply with these obligations.

Authorized Users

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. You are responsible for ensuring that all users who access the Services through your Account comply with these Terms.

5. Prohibited Uses

You agree not to use the Services:

• In any way that violates applicable federal, state, local, or international laws or regulations.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• To transmit or procure the sending of any advertising or promotional material without our prior written consent.
• To impersonate or attempt to impersonate Evolua, an Evolua employee, another user, or any other person or entity.
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services.
• Use any robot, spider, or other automatic device or manual process to access the Services for any unauthorized purpose.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services.

6. Third-Party Integrations and Services

Service Integrations

Our Services may integrate with third-party platforms and services (e.g., GitHub, GitLab, Jira, Slack). By connecting these third-party accounts, you authorize us to access and use your information from these services as permitted by those platforms and by our Privacy Policy.

Third-Party Terms

Your use of third-party services is subject to their terms and conditions. Evolua is not responsible for the practices of any third-party services.

7. Termination and Suspension

Termination by Evolua

We reserve the right to suspend or terminate your access to all or part of the Services at any time, without notice, for any reason, including but not limited to violation of these Terms.

Termination by You

You may terminate these Terms at any time by deleting your Account and discontinuing use of the Services. To delete your Account, please contact us at support@evolua.io.

Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease.
• Any provisions of these Terms that by their nature should survive termination shall remain in effect.

8. Privacy Policy

Our collection and use of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy carefully.

9. Intellectual Property Rights

Ownership

The Services and all content, features, and functionality (including but not limited to information, software, text, displays, images, video, and audio) are owned by Evolua, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

License Grant

We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes, strictly in accordance with these Terms.

Restrictions

You agree not to:

• Modify, copy, reproduce, or create derivative works of any part of the Services.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text.

10. User Content

Definition

“User Content” refers to any information, data, code, text, or other materials that you upload, submit, or otherwise transmit to or through the Services.

Responsibility

You are solely responsible for your User Content. By submitting User Content, you represent and warrant that:

• You own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in your User Content.
• Your User Content does not violate any laws or infringe the rights of any third party.

License to Evolua

By submitting User Content, you grant Evolua a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content for the purpose of providing and improving the Services.

Confidentiality of Code

Your proprietary code remains confidential. We will not use your code to train our AI models or for any purpose other than providing the Services to you.

11. Confidentiality

Definition

“Confidential Information” means any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects.

Obligations

Both parties agree to:

• Use the Confidential Information solely for the purpose of fulfilling obligations under these Terms.
• Protect the Confidential Information with the same degree of care as they use to protect their own confidential information, but in no event less than reasonable care.
• Not disclose the Confidential Information to any third party without prior written consent.

Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available without breach of these Terms.
• Was known to the receiving party prior to disclosure.
• Is received from a third party without restriction.
• Is independently developed without use of the Confidential Information.

12. Purchases and Subscriptions

Subscriptions

Some parts of the Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are typically monthly or annually, depending on the subscription plan you select.

Payment

You agree to provide accurate and complete billing information, including valid credit card information. By submitting such payment information, you authorize us to charge all Subscription fees to such payment instruments.

Fee Changes

Evolua may modify Subscription fees upon 30 days' prior notice. Such changes will become effective at the end of the then-current Billing Cycle.

Cancellation

You may cancel your Subscription by contacting us at support@evolua.io or through your Account settings. Cancellation will take effect at the end of the current Billing Cycle.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

13. Third-Party Materials

Our Services may include content, services, or links to third-party websites or resources (“Third-Party Materials”). We have no control over and are not responsible for the content, privacy policies, or practices of any Third-Party Materials.

14. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVOLUA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL MEET YOUR REQUIREMENTS.
• THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVOLUA, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

IN NO EVENT SHALL EVOLUA'S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO EVOLUA IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

16. Indemnification

You agree to indemnify, defend, and hold harmless Evolua, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to:

• Your violation of these Terms.
• Your use of the Services, including but not limited to your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms.

17. Marketing and Publicity

Mutual Publicity

You agree that Evolua may identify you as a customer and use your logo and trademark in Evolua's promotional materials, subject to your standard trademark usage guidelines. You may also publicly refer to yourself as a customer of Evolua's Services.

Open Source Contributions

Any reviews or contributions made by Evolua on open-source projects may be used in our marketing materials.

18. Dispute Resolution and Arbitration

General

You agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration Rules

Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in [Your State], unless otherwise agreed.

No Class Actions

You agree that any arbitration shall be conducted only on an individual basis and not in a class, consolidated, or representative action.

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters related to intellectual property or unauthorized access to the Services.

19. Governing Law

These Terms and any disputes arising out of or relating to them will be governed by the laws of the State of [Your State], without regard to its conflict of law provisions.

20. Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

21. Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Evolua may assign these Terms without restriction.

22. Waiver and Severability

Waiver

No waiver by Evolua of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

23. International Use

We make no representation that the Services are appropriate or available for use in locations outside the United States. Accessing the Services from territories where the content is illegal is prohibited. If you access the Services from other locations, you do so on your own initiative and are responsible for compliance with local laws.

24. Electronic Communications

By using our Services, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

25. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Evolua regarding the Services and supersede all prior agreements, understandings, or representations.

26. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at:

27. Miscellaneous

No Support Obligation

We are not obligated to provide support, maintenance, or updates for the Services.

Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control.

Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

Headings

Headings are for convenience only and do not affect the interpretation of these Terms.