Acceptable Use Policy

Adaptive Evolution LLC d/b/a Evolynt ("Company," "we," or "us") maintains Evolynt (the "Platform") as a multi-tenant Software-as-a-Service (SAAS) platform designed for digital creators to consolidate multiple business tools onto a single platform. This Acceptable Use Policy ("AUP"), along with the Company's Terms of Use and Service governs your access to and use of the Platform and its services. You must first read and accept this AUP before accessing any services. By signing this Policy, you agree to adhere to and be bound by the terms hereof in all respects.

Applicability

This AUP applies to all users of the Evolynt platform. Evolynt serves two distinct user types, each with different responsibilities:

Creators are individuals or businesses who use the Evolynt platform to build and sell digital products, courses, communities, coaching services, and other offerings. Creators are direct customers of Evolynt and are responsible for the content they create, the products they sell, and the data they collect from their Clients. Creators act as data controllers for Client data processed through the platform.

Clients are individuals who purchase products or services from Creators through the Evolynt platform. Clients' primary contractual and privacy relationship is with the Creator, not with Evolynt. Evolynt acts as a data processor for Client data on behalf of Creators.

Both Creators and Clients must comply with the general provisions of this AUP. Sections that apply specifically to one user type are noted accordingly.

Evolynt's Rights

By accepting this AUP, you acknowledge that:

• Evolynt is not responsible for and does not necessarily endorse the content and businesses of Creators;
• Evolynt does not pre-screen Creator or Client Content;
• Evolynt reserves the right, but does not assume an obligation, to undertake or monitor the platform for inappropriate or unlawful content; and
• Evolynt assumes no responsibility or liability arising from Creator or Client Content.

Evolynt has the sole discretion to modify, prevent access to, delete, or refuse to display Content that we believe violates law, this AUP, or the Terms of Use and Service; suspend or terminate accounts that violate this AUP; refuse service to anyone for any reason at any time; and report illegal activity to law enforcement authorities.

Evolynt may modify this AUP at any time by posting a revised version at our website. By continuing to use the platform after a revised version has been posted, you agree to comply with the latest version.

Legal Compliance

You must use Evolynt in compliance with, and only as permitted by, applicable law. This includes, but is not limited to:

• Consumer protection laws.
• Data protection and privacy laws (including GDPR, CCPA, and others).
• Anti-spam laws (including CAN-SPAM, CASL, and others).
• Intellectual property laws.
• Tax laws.
• Laws of the country, state, and city in which you operate.

The use of our platform in conjunction with other tools or resources in furtherance of any prohibited uses is also prohibited. We encourage you to seek independent legal counsel to determine what laws are applicable to your business.

User Responsibilities

All users are responsible for their conduct, content, and communications while using Evolynt. All users must:

• Provide accurate information when registering and using the platform
• Maintain the security of your account credentials
• Comply with all applicable laws and regulations
• Respect the rights of others, including intellectual property rights
• Use the platform only for its intended purposes

All Creators are responsible for:

• All content you create, upload, or distribute through Evolynt.
• Ensuring you have the rights to use and distribute your content.
• Providing accurate descriptions of your products and services.
• Fulfilling your obligations to your Clients.
• Handling Client data in accordance with applicable privacy laws.
• Maintaining appropriate refund and cancellation policies.
• Complying with all applicable consumer protection law.
• Ensuring your marketing and advertising is truthful and not misleading.

All Clients are responsible for:

• Using Creator content only as permitted by the Transaction Terms.
• Not sharing your account credentials or allowing unauthorized access.
• Not copying, distributing, or commercially exploiting Creator Content.
• Respecting the intellectual property rights of Creators.
• Engaging respectfully in community discussions.

Prohibitions on Use

The below prohibitions have been established by the Company to comply with applicable law, ensure reliable and enjoyable services for all of our users, ensure security and privacy of our (and any third-party's) network and systems, maintain the Company's reputation as law-abiding, honorable, and customer-friendly, and preserve the privacy and security of each user's personal information at all times. The below prohibitions may change at any time due to card network rules, legislation, or payment processor requirements. Changes take effect immediately.

Evolynt may only be used for lawful purposes and under this AUP and the Terms of Use and Service. Additionally, you are prohibited from using the Platform as follows:

• In any manner that violates any federal, state, international, or local law or regulation;
• In a manner that materially interferes with our activities or overall business or harms any of our employees, affiliates, Creators, agents, officers, or directors;
• To threaten, bypass, or destroy any security mechanism used with or incorporated in the Platform;
• To disparage, denigrate, insult, or otherwise make derogatory statements about the Company and/or any of its affiliates, directors, officers, employees, partners, Creators, brand, products, or service;
• To transmit any content or information that is offensive, lewd, pornographic, defamatory, libelous, harassing, tortious, abusive, illegal, prejudicial, discriminatory, or otherwise inappropriate or objectionable, including, but not limited to, hate speech targeting individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic;
• To transmit any deceptive or unsolicited bulk or commercial email, including without limitation "spam" or "junk mail";
• To harm, or attempt to harm, minors in any way. Evolynt maintains a zero-tolerance policy toward Child Sexual Abuse Material (CSAM) and any content that sexualizes, exploits, or endangers children. Any such content will be immediately removed, the account will be terminated, and the matter will be reported to the National Center for Missing & Exploited Children (NCMEC) and applicable law enforcement authorities;
• To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the Platform's functionality;
• To impersonate the Company (including any Company officer or employee), any user of our Platform, or any other person or entity;
• To create, distribute, or publish fabricated testimonials, fake reviews, misleading social proof, or deceptive marketing claims, including, but not limited to false health, safety, income, or results claims;
• To publish or distribute, or cause a person to publish or distribute, the private personal information of another individual (also known as "doxxing"), including, but not limited to home addresses, phone numbers, email addresses, or financial information, without that individual's explicit, written consent;
• To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties, other Creators, or Clients;
• To use the Platform to circumvent data protection laws.
• To use the Platform in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or email;
• To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
• To use the Platform for the purpose of financial services and schemes, gambling services, federally regulated products, adult and dating services, and other prohibited categories, including:
  • Airlines and cruise lines.
  • Timeshares.
  • Extended warranties.
  • Fortune telling services.
  • Essay mills or paper mills.
  • Door-to-door sales.
  • Telemarketing.
  • Chain letters.
  • Negative response marketing techniques.
  • Deceptive marketing practices.
  • Food products and ingredients (including consumer packaged goods, livestock, plants, and seeds).
  • Cell phones and pagers.
  • Jewelry or beauty products (direct sales).
  • Shipping/forwarding brokers.
• To use the Platform to collect information about other users, including phone numbers or email addresses, without any such individual's prior explicit consent or otherwise under false pretenses of any kind;
• In any manner that violates any other applicable policy maintained by the Company, including without limitation the Company's Privacy Policy, Terms of Use, and Transaction Terms;
• To use the Platform to record or monitor a phone call or other communication without first obtaining express consent from the participants per applicable law;
• To use the Platform to collect, store, or process any protected health information (PHI) subject to the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable health privacy regulation.
• In any manner that can reasonably be considered contrary to the Company's goodwill, public image, and overall reputation;
• To express or imply that any user's statements, activities, or causes are endorsed by the Company;
• To collect, or attempt to collect personal information about users or other third parties without their prior knowledge and affirmative consent;
• To divulge any of the Company's (or any affiliate's) proprietary information;
• In any manner that promotes any illegal activity; or
• To knowingly receive, use, reuse, upload, or download any material which:
  • Contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;
  • Promotes pornographic or other sexually explicit material, discrimination, or violence, based on race, religion, nationality, sex, gender, disability, age, or sexual orientation;
  • Is likely to deceive any person acting reasonably under the circumstances; or
  • Impersonates any person.

AI-Generated Content

The Company and Evolynt utilize AI via our own and third party systems. AI tools must be used for legitimate business purposes consistent with this AUP and other applicable Company policies, third party policies, applicable law, and only within the access rights and licenses expressly granted by the Platform.

As a user, you are responsible for any AI-generated content you produce in accordance with the Company's applicable terms and conditions. Prompts, inputs, and instructions provided to AI tools must be appropriate for the intended purpose, must not request unlawful or prohibited outputs, and otherwise comply with this AUP.

Disclosures of any AI-generated content will only be made to the extent the Platform is expressly authorized, or to the extent necessary to provide services or comply with law and regulatory requests (including court orders). Deleting AI-generated content from the Platform may not delete copies stored elsewhere, including backups or logs, and AI-related logs may persist consistent with the Platform design, third-party policies, and applicable terms.

Technical Abuse and API Usage

The following list represents categories of technical abuse and API usage that You may not engage in while using, accessing, interacting with, or otherwise engaging with the Evolynt platform, including but not limited to the items identified below:

Automated Access: Using bots, scrapers, spiders, crawlers, or other automated means to access, use, interact with, or engage with the Platform or extract data without prior written authorization from Evolynt.

Rate Limiting and Access Controls: Circumventing, disabling, or otherwise interfering with rate limits, access controls, security features, or technical restrictions implemented by the Platform.

API Abuse: Sharing API credentials with unauthorized parties; using the API for competitive intelligence gathering or scraping; making excessive API requests that degrade Platform performance; or reverse-engineering the API or its underlying systems.

API Key Security: You are responsible for maintaining the confidentiality and security of your API keys and access tokens. Any activity that occurs using your API credentials is your responsibility. You must immediately notify Evolynt if you believe your API credentials have been compromised.

Creator Data Protection Responsibilities

Creators who collect, store, or process personal data from Clients through the Evolynt platform are acting as data controllers and bear the following responsibilities:

Lawful Basis: Creators must have a lawful basis for collecting and processing personal data from their Clients, as required by applicable data protection laws (including GDPR and CCPA).

Privacy Disclosures: Creators must provide clear and accessible privacy disclosures to their Clients explaining what data is collected, how it is used, and with whom it is shared.

Security Measures: Creators must maintain appropriate security measures to protect Client data from unauthorized access, disclosure, or loss.

Sensitive Data: Creators must not collect sensitive personal data (including, but not limited to, health information, financial account numbers, government-issued identification numbers, or biometric data) without obtaining proper explicit, written consent and complying with all applicable laws governing such data.

Breach Notification: In the event of a data breach involving Client data, Creators must promptly notify Evolynt and affected individuals in accordance with applicable breach notification laws.

Data Retention: Creators must not retain Client personal data longer than necessary for the purposes for which it was collected, and must delete or anonymize data upon request in accordance with applicable law.

Email and SMS Compliance

Creators who use Evolynt's email and SMS features to communicate, contact, correspond, interact, or otherwise engage with their Clients must comply with the following requirements:

Consent: Creators must obtain affirmative, written opt-in consent from recipients before sending marketing or promotional communications. Pre-checked consent boxes do not constitute valid consent.

CAN-SPAM Compliance: All electronic messages transmitted, sent, or otherwise delivered through or in connection with the Platform must comply with all applicable laws, including the CAN-SPAM Act. Without limitation, such messages must include accurate and non-misleading sender information or identification and "From" lines; a valid physical mailing address; a clear and conspicuous opt-out or unsubscribe mechanism; and prompt processing and honoring of all opt-out or unsubscribe requests within 10 business days. You shall not engage in any conduct that is deceptive, misleading, or intended to evade or circumvent applicable requirements.

Prohibited Lists: Creators shall not use, upload, import, access, or otherwise utilize any email list, contact list, or recipient data that is purchased, rented, licensed, borrowed, harvested, scraped, compiled, or obtained from any third-party, whether directly or indirectly, without the prior explicit written consent of each individual recipient. This prohibition includes, but is not limited to, any email addresses or contact information obtained through websites, directories, social media, public listings, automated tools, data extraction methods, or any other means or method now known or later developed. You further agree not to use any list or contact information where consent is ambiguous, inferred, outdated, or not demonstrably obtained in compliance with applicable law. You shall not engage in any conduct intended to circumvent or evade these restrictions, including through the use of affiliates, agents, third parties, or alternative accounts.

Sending Reputation: You acknowledge and agree that Evolynt's email infrastructure, systems, and sending domains are shared resources. You shall not engage in any sending activity or practice that may harm, degrade, interfere with, or otherwise adversely affect the performance, reputation, or deliverability of the Evolynt platform or any other user. Without limitation, any activity resulting in excessive bounce rates, spam complaints, unsubscribe rates, spam trap hits, blocklisting, blacklisting, or other indicators of poor sending practices, as determined by Evolynt in its sole discretion, may result in immediate suspension, restriction, or termination of your access to email functionality or the Evolynt platform as a whole, with or without notice. Evolynt reserves the right to monitor, review, filter, or restrict sending activity, and to take any action it deems necessary to protect the integrity, security, and deliverability of its systems, including the removal of content, suspension of accounts, or permanent termination.

Community Guidelines

You acknowledge and agree that Evolynt may include community features, including but not limited to discussion forums, posts, comments, messaging, and other interactive or user-generated content areas (collectively "Community Features"). By accessing, using, or otherwise participating in any Community Features, you agree to comply with the following:

User conduct: You are solely responsible for all content you submit and all interactions you engage in within Community Features, and you agree to indemnify, defend, and hold harmless Evolynt from any claims arising out of or related to your participation in such features. You shall not post, upload, transmit, distribute, or otherwise make available any content, or engage in any conduct, that:

• Is unlawful, abusive, harassing, threatening, defamatory, obscene, fraudulent, misleading, or otherwise objectionable, as determined by Evolynt in its sole discretion;
• Constitutes or encourages personal attacks, bullying, harassment, hate speech, or discrimination of any kind;
• Is off-topic, disruptive, or otherwise inconsistent with the intended purpose of the applicable Community Feature or any guidelines established for such Community Feature;
• Involves or facilitates spam, unsolicited communications, advertising, promotional content, or solicitation of products or services, whether related or unrelated to the community, without prior, written authorization;
• Infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any person or entity; or
• Interferes with, disrupts, or attempts to compromise the integrity, security, or proper functioning of the Evolynt Platform or any Community Feature.

Interaction: You agree to engage, interact, communicate, or otherwise participate in Community Features in a respectful and lawful manner, and not to use such features for any unauthorized, improper, or unintended purpose, whether directly or indirectly, including through third parties, automated tools, or alternative accounts.

Creator responsibilities: Creators who establish, operate, or manage Community Features ("Community Hosts") are solely responsible for establishing, communicating, and enforcing any additional rules, guidelines, or restrictions applicable to their communities, provided such rules do not conflict with the terms of this AUP. Community Hosts are solely responsible for moderating content and user activity within their communities and for responding to violations in a timely manner.

Enforcement: Evolynt reserves the right, in its sole discretion and without notice, to monitor, review, remove, restrict, or disable access to any content or Community Feature, and to suspend or terminate any Client or Creator account, for any actual or suspected violation of these guidelines or for any conduct that Evolynt determines may expose the Evolynt Platform or its users to risk, harm, or liability.

Evolynt has no obligation to monitor Community Features but reserves the right to do so at any time. Evolynt disclaims any and all liability arising from user-generated content or interactions within Community Features.

Monitoring and Enforcement

The Company reserves the right to monitor third-party use of the Platform to confirm compliance with the terms of this AUP and any other applicable Company policy. We maintain the right to monitor all such usage by any means we deem appropriate at any time in our sole discretion and to remove any material we deem illegal, inappropriate, or violative of any Company or applicable third-party policy. If the Company discovers a violation, it will take whatever action it deems reasonably necessary or appropriate, which may include a tiered enforcement approach: (1) issuing a warning with a reasonable opportunity to cure for minor or first-time violations; (2) removing or disabling access to the offending content; (3) temporarily suspending the user's account; or (4) permanently terminating the user's account for serious or repeated violations. For severe violations (including but not limited to CSAM, illegal activity, or imminent harm), Evolynt reserves the right, in its sole discretion, to immediately terminate access without prior warning. Enforcement actions may also include disclosing the user's personal information to a third party claiming that such user violated rights (such as intellectual property or privacy rights) or making a referral to law enforcement. If an account is terminated for violations of this AUP, any related accounts (including newly created accounts) may be automatically suspended or terminated.

You hereby waive and hold harmless Company, along with Company's employees, officers, directors, affiliates, licensees, and service providers, from any and all claims resulting from, or arising directly or indirectly out of, any action taken by any of the foregoing parties in connection with investigations by either Company or law enforcement authorities.

Modifications and Updates

The Company reserves the right to modify and update this AUP at any time in its sole discretion.

It will provide all users with notification of any such material revisions at least thirty (30) days in advance of their effective date (other than with respect to changes that must be made sooner than that to comply with applicable law). Notification will be provided via email either through the account associated with user's use of the Platform or to the personal email address associated with the user's account.

Except as otherwise provided by the Company, updates will be effective upon the date indicated at the top of this AUP. The updated version of the AUP will supersede all prior versions. Note that the Company's failure to enforce this policy in any instance and for whatever reason shall not be construed as a waiver of its right to do so at any other time.

Account Security

Each user is responsible for any misuse of the account, even if the inappropriate activity was actually committed by someone other than the account holder (i.e., a family member or friend, for example). Therefore, each user must take all reasonable steps to protect the account from unauthorized access. In addition, no user may access the account to breach the security of any other user's account or attempt to gain unauthorized access to another server or network. As such, each user must ensure the security of the password at all times, including without limitation, by not sharing it with others for any reason. Additionally, passwords should be hard to guess and changed on a regular basis.

Appeals

If you believe your account has been suspended or terminated in error, you may request an appeal by emailing appeals@evolynt.com. Include in your appeal:

• Your account information;
• The action taken against your account;
• Why you believe the action was in error; and
• Any supporting evidence.

The Platform will review appeals on a case-by-case basis but is not obligated to reverse any enforcement action.

Reporting Violators

The Company requests that any user who believes that a violation of this AUP or any other Company policy has taken place should report the alleged violation to the Company promptly.

Such report shall be sent to Legal & Compliance at legal@evolynt.com. The following information should be included:

• Name of alleged violator(s);
• Date and time (including time zone) of the alleged violation(s);
• The IP address(es) used to commit the alleged violation(s), if known (optional);
• Description of alleged violation(s);
• Evidence of the alleged violation(s) (including screenshots and videos); and
• The reporter's involvement, if any, in the violation (and how the violation was discovered in the first instance).

Evolynt will use reasonable efforts to maintain the confidentiality of individuals and entities who report known or suspected violations; however, confidentiality cannot be guaranteed. Evolynt may disclose the identity of a reporting or suspected individual or entity to the extent it determines, in its sole discretion, that such disclosure is necessary or appropriate to comply with applicable law, regulation, or court order; to enforce its rights or agreements under this AUP; to investigate or respond to claims; or to protect the rights, property, safety, or security of the Evolynt Platform, its users, or others.

For questions or concerns regarding this Policy, please contact the appropriate channel:

• General support: support@evolynt.com
• Abuse and violations reporting: abuse@evolynt.com
• Appeals: appeals@evolynt.com