Terms of Use and Service

Last Modified: April 8, 2026

Important: Please read these Terms of Use and Service carefully. They contain an arbitration agreement and class action waiver that affect your legal rights. By using the Services, you agree to resolve disputes through binding individual arbitration and waive your right to participate in class actions or class arbitrations. You may opt out of the arbitration agreement within 30 days of first becoming subject to these terms as described in the arbitration section below.

1. Introduction

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".

Definitions

"Creator" means a person or entity that subscribes to Evolynt to create and sell digital products, courses, communities, or other offerings to their own customers.
"Client" means a customer of a Creator who purchases or accesses the Creator's products or services through the Evolynt platform.
"User" means any person who accesses or uses the Services, including Creators, Clients, and visitors.
"Workspace" means a Creator's dedicated environment within Evolynt where they manage their business, content, and Clients.
"Content" means any text, images, videos, audio, data, or other materials uploaded, posted, or transmitted through the Services.
"Creator Content" means any courses, digital products, templates, funnel pages, community posts, coaching materials, or other content created and published by a Creator through the Services.
"Client Content" means any community posts, comments, form submissions, messages, or other content submitted by a Client through the Services.

2. Your Acceptance of this Agreement

These terms of use and service are entered into by and between Adaptive Evolution, LLC d/b/a Evolynt ("Company," "we," "our," "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Use and Service"), govern your access to and use of Evolynt, including any content, functionality, and services offered on or through evolynt.com (the "Website"). We offer the following services that are subject to these Terms of Use and Service (collectively "Services"):

Customer relationship management (CRM);
Digital product delivery;
Client portals;
Funnels;
Forms;
Automations; and
Integrations with third-party services.

Please read the Terms of Use and Service carefully before you start to use the Website.

By using the Website, or by clicking to accept or agree to the Terms of Use and Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use and Service, you must not access or use the Website.

These terms govern your use of the Platform as a:

Creator.
Client.
Visitor.

The Company is a software-as-a-service (SaaS) platform that provides tools enabling Creators to build, manage, and grow their businesses and deliver content and services to their Clients. The Company:

Is not the service provider.
Does not employ Creators.
Is not a party to Creator/Client contracts.

By accessing and using this Website, you: accept and agree to be bound and comply with these Terms of Use and Service; you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us; and you agree that if you access the Website from a jurisdiction where it is not permitted, you do so at your own risk.

3. Updates to Terms of Use and Service

We may revise and update these Terms of Use and Service from time to time in our sole discretion. For material changes, we will provide at least thirty (30) days' advance notice by posting the updated Terms on the Website and sending a notification to the email address associated with your account. Material changes will take effect at the end of the notice period. Non-material changes are effective immediately when posted.

Continuing to use the Website following the posting of revised Terms of Use and Service means that you accept and agree to the changes. You acknowledge your responsibility to review these Terms periodically. Your continued use of the Website following the effective date of any changes constitutes your acceptance of such changes.

4. Account Registration

To use certain features of the Services, you must register for an account. When you register, you agree to:

Provide accurate, current, and complete information;
Maintain and promptly update your account information;
Maintain the security and confidentiality of your login credentials;
Notify us immediately of any unauthorized use of your account; and
Accept responsibility for all activities that occur under your account.

4A. Eligibility

To be eligible to use the Services:

Creators must be at least 18 years of age. Clients must be at least the age of majority in their jurisdiction.
If you are registering on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use and Service.
You are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction.

4B. Free Trial

Evolynt may offer a free trial period for new Creator accounts as specified at the time of registration. The free trial period begins on the date of account registration, regardless of when you first log in or access the Services. During the free trial:

Certain features may be limited or unavailable (for example, Creators may not be able to connect a payment processor or accept payments during the trial period). The features available during a free trial are not representative of the full paid platform and are subject to change without notice.
At the end of the free trial period, your account will automatically convert to a paid subscription at the then-current subscription rate unless you cancel before the trial period expires. You authorize Evolynt to charge the payment method on file at the time of conversion. If your payment method is declined, Evolynt may immediately suspend or terminate your account without notice.
You may cancel your free trial at any time before the trial period expires through your account settings or by contacting us at support@evolynt.com. If you cancel during the trial, you will not be charged.

The duration, features, and terms of any free trial are subject to change and may vary. Evolynt reserves the right to modify, suspend, terminate, or revoke any free trial at any time and for any reason, including suspected abuse, fraud, or violation of these Terms. Evolynt reserves the right to modify, suspend, or discontinue free trial offers at any time without prior notice.

5. Your Responsibilities

You are required to ensure that all persons access the Website under any device of your control are aware of this Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

You are solely and entirely responsible for your use of the Website and your computer, internet and data security.

6. Prohibited Activities

You may use the Website only for lawful purposes and in accordance with these Terms of Use and Service. As a Creator, you understand, acknowledge, and agree that your access and use of the Services shall be solely for operating your legitimate business, and that you have all authorizations and rights necessary to use the Services on behalf of your business. As a Client, you understand, acknowledge, and agree that your access and use of the Services shall be for your personal use in connection with products and services you have purchased from a Creator.

You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exports of data software to and from the United States of America or any other country).
For the purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Use and Service.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate (including, without limitation, by using email addresses associated with any of the following): the Company, a Company employee, another user, or any other person, persona and/or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which as determined by us, may harm the Company or users of the website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use and Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
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 Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempting to interfere with the proper working of the Website.

As a Creator, you additionally agree to:

Provide accurate and truthful descriptions of all products and services offered through the Platform;
Fulfill all obligations to Clients in connection with products and services purchased through the Platform;
Handle all Client data in compliance with applicable privacy laws, including our Privacy Policy and Data Processing Agreement;
Maintain a clear refund or cancellation policy for your products and services and honor such policy;

For a comprehensive list of prohibited activities and usage requirements, please refer to our Acceptable Use Policy, which is incorporated herein by reference.

7. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use and Service permit you to use the Website for your personal use and, for Creators, for commercial use in connection with operating your business through the Platform. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

Modify copies of any materials from the Website;
Download or save any of the copyright, trademark, or other proprietary rights notices from copies of materials from the Website; and
Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not cause, induce, assist, encourage, or permit any third party to do any of the above listed items. Without limiting the generality of the above, you agree not to authorize or assist any other person or entity to engage in any activity that would constitute a violation of the restrictions set forth in this Section if performed by you directly.

Except as expressly permitted under these Terms (including commercial use by Creators in connection with operating their businesses), you must not access or use any part of the Website or any services or materials available through the Website for purposes not authorized by these Terms.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use and Service, your right to use the Website will stop immediately and you must, at our sole discretion, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use and Service is a breach of these Terms of Use and Service and may violate copyright, trademark, and other laws.

If you believe that any Creator or Client are violating your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated DMCA agent with a written notification containing the following:

A physical or electronic signature of 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 that is claimed to be infringing and information reasonably sufficient to permit Evolynt to locate the material on the Platform;
Your contact information, including your address, telephone number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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.

DMCA notices should be sent to our designated agent at: dmca@evolynt.com or by mail to 30 N Gould Street Suite R, Sheridan, WY 82801.

Counter-Notification. If you believe that your Content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent containing: (a) your physical or electronic signature; (b) identification of the material that was removed and its prior location; (c) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake; and (d) your name, address, telephone number, and consent to jurisdiction of the federal court in your district.

7A. Your Content

Your Content Is Yours. Evolynt does not claim ownership over any Creator Content or Client Content that you upload, post, or transmit through the Services. You retain all rights in and to your Content, subject to the limited license granted below.

License to Evolynt. By uploading, posting, or transmitting Content through the Services, you grant Evolynt a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, display, cache, and distribute your Content solely for the purpose of providing, maintaining, promoting, and improving the Services, including the right to use anonymized or aggregated Content for product development, analytics, benchmarking, and machine learning purposes. This license terminates when you delete your Content or your account, except to the extent your Content has been shared with others who have not deleted it or as reasonably necessary for Evolynt to continue providing the Services (e.g., cached copies, backups).

Feedback. If you provide Evolynt with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), you grant Evolynt a non-exclusive, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the Services without any obligation to you.

8. Our Rights

We have the right, without provision of notice to:

Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use and Service.

Upon termination for cause (i.e., violation of these Terms), Evolynt may immediately suspend or terminate your access without notice. Upon termination for convenience by Evolynt without cause, Evolynt will provide thirty (30) days notice, during which you may export your data. Following termination, Evolynt reserves the right to permanently delete your account and all associated data after thirty (30) days. Evolynt shall have no liability for any termination carried out in accordance with these Terms.

You waive and hold harmless Company and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the Company and any of the foregoing parties relating to any investigations by either the Company or by law enforcement authorities.

Audit Rights. Evolynt reserves the right, upon reasonable notice, to audit your account and use of the Services to verify compliance with these Terms. You agree to cooperate with any such audit and to promptly provide requested documentation. Evolynt must suspend your account pending the outcome of any audit if it has a reasonable basis to believe a material violation has occurred.

9. Website Links and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

10. Third-Party Links and Content

For your convenience, the Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from the Website. If you choose to access any such websites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Integration Authorization. The Services may allow you to connect third-party services and applications (such as Zoom, Google Calendar, Mailgun, Stripe, or similar services) (each a "Third-Party Integration"). By connecting a third-party service to your account, you authorize Evolynt to access, retrieve, and use data from that third-party service as necessary or useful to provide, maintain, secure, and improve the Platform's features and functionality. You represent and warrant that: (a) you have the legal right and authority to grant such authorization for each Third-Party Integration you connect; (b) your use of each Third-Party Integration complies with all applicable third-party terms of service, privacy policies, and applicable law; and (c) connecting the Third-Party Integration does not violate any agreement between you and the applicable third-party provider or any rights of any third party.

Evolynt's Role. Evolynt acts solely as a conduit to facilitate your use of Third-Party Integrations and is not responsible for the acts or omissions of any third-party provider, including any data loss, unauthorized access, service outage, or other failure attributable to such provider. Evolynt makes no representations or warranties regarding the availability, accuracy, security, or reliability of any Third-Party Integration.

Evolynt's Right to Suspend. Evolynt reserves the right, in its sole discretion, to suspend, disable, or remove any Third-Party Integration at any time, with or without notice, including where Evolynt determines that the integration poses a security risk, violates these Terms, or is no longer supported by the third-party provider.

Indemnification. You agree to defend, indemnify, and hold harmless Evolynt and its affiliates, officers, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your connection or use of any Third-Party Integration; (b) any breach of the representations and warranties in this Section; or (c) any claim by a third-party provider arising from your use of its services through the Platform.

Credential Security. You are solely responsible for maintaining the confidentiality and security of any credentials, API keys, tokens, or access rights used to connect Third-Party Integrations. Evolynt shall have no liability for any unauthorized access to your accounts or data resulting from compromised credentials.

11. AI-Powered Features

Evolynt may offer AI-powered features, including but not limited to the AI Offer Builder, which uses artificial intelligence to help Creators generate content, configurations, and other outputs. AI-powered features may utilize third-party AI service providers (such as OpenAI or Anthropic). By using these features, you acknowledge that:

Your inputs may be sent to third-party AI providers for processing;
Third-party providers have their own terms of service and privacy policies; and
We do not control the outputs generated by third-party AI systems.

AI-generated content is provided "as is" without warranties of any kind. You are solely responsible for:

Reviewing all AI-generated content before use or publication;
Ensuring AI-generated content is accurate, appropriate, and lawful; and
Any consequences arising from your use of AI-generated content.

We do not guarantee that AI-powered features will produce any particular results or that AI-generated content will be suitable for your purposes. You acknowledge that AI-generated content may be inaccurate, incomplete, biased, or otherwise unsuitable, and that Evolynt has no obligation to monitor, review, or correct such content. Evolynt expressly disclaims all liability arising from your reliance on or publication of AI-generated content, including any claims by third parties arising therefrom.

12. Online Purchases

(a) All orders, purchases or transactions for the sales of goods, digital products, or information made using this Website are subject to the following additional terms and conditions of sale:

You may not order or obtain goods, digital products or information from the Website if you: (i) are prohibited from accessing or using the Website or any of the Website's contents, goods, services, digital products or information by applicable law or (ii) you are outside the geographic region where the goods, digital products or information are available for purchase;
You agree that your order is an offer to buy, under these Terms of Use and Service, all goods, services, digital products, or information listed in your order. All orders must be accepted by us or we will not be obligated to sell such goods, services, digital products or information to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number, subscription information, and details of the items you have ordered; and
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price and currency charged for digital products, services, or information will be the price and currency advertised on the Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price and currency charged will be clearly stated before you confirm your purchase. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include applicable taxes, which will be added to your total and itemized in your order confirmation. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) Where an order indicates a license is being purchased:

All uses on the Website of the terms "sell", "sale", "resell", "resale", "purchase", "price", and the like, mean the purchase or sale of a license;
You will comply with all terms and conditions of the applicable license Terms of Use and Service for any services, digital products or information you obtain through the Website, and you will not cause, induce, or permit others' non-compliance with the terms and conditions of any of license Terms of Use and Services for the goods, services, digital products or information; and
Except for the limited license granted under the relevant license Terms of Use and Service, nothing in these Terms of Use and Service grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to, the good, service, digital product or information, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the good, service, digital product or information are and will remain with Company or its licensors, as applicable.

13. Payment and Fees

You may be required to purchase or pay a fee to access the Services. Company does not guarantee the availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and, and acknowledge that we may contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We will provide at least thirty (30) days' advance notice before changing subscription fees to the Website or email address associated with your account. Changes will take effect at the start of your next billing cycle following the notice period. Your continued use after the effective date of a fee change constitutes acceptance of the new fees. All payments shall be in United States Dollars ("USD").

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Website.

The Company may charge:

Subscription fees.
Transaction fees.
Processing fees.

Fees are non-refundable unless required by law. If the Platform acts as a payment collection agent, it does so solely to facilitate transactions.

Payments are processed through third-party providers. The Company is not responsible for:

Payment processing errors.
Chargebacks.
Banking failures.

Cancellation. Creators may cancel their subscription at any time through their account settings or by emailing support@evolynt.com. Cancellation will take effect at the end of the current billing period. No refunds will be issued for partial billing periods unless required by applicable law. For annual subscriptions, cancellation takes effect at the end of the then-current annual term; no refunds or credits will be issued for the remainder of the annual term. Fees paid are non-refundable except as expressly required by applicable law. You remain responsible for all outstanding obligations to your Clients arising prior to the cancellation effective date. Initiating a chargeback or payment dispute in lieu of following this cancellation process is a material breach of these Terms and may result in immediate account suspension or termination, in Evolynt's sole discretion.

Post-Cancellation Access. Following cancellation of a Creator's subscription, the Creator will retain access to their Workspace in a read-only mode for a reasonable period to allow data export. Evolynt will not immediately delete Creator Content upon cancellation. After the read-only period, the Workspace may be permanently deleted in accordance with our data retention policies. The Creator will retain read-only access to their Workspace for a period of thirty (30) days (the "Data Export Period") following cancellation. You are solely responsible for exporting any data you wish to retain during the Data Export Period. After the Data Export Period expires, Evolynt may, in its sole discretion and without further notice, permanently delete your Workspace, Creator Content, and all associated data. Evolynt shall have no liability for any data loss occurring after the Data Export Period. Evolynt reserves the right to shorten the Data Export Period in cases of termination for cause.

Billing Disputes. If you believe you have been incorrectly charged, you must contact us within thirty (30) days (the "Billing Dispute Period") of the charge in question. We will review the dispute and, if we determine the charge was made in error, issue a refund or credit. Failure to dispute a charge within the Billing Dispute Period constitutes your irrevocable acceptance of that charge. Evolynt's determination of whether a billing error occurred shall be final and binding. Prior to initiating any chargeback, dispute, or claim with your payment provider or financial institution, you must first exhaust the internal dispute process. Circumventing this process by initiating a chargeback is a material breach of these Terms and may result in immediate account suspension or termination, in Evolynt's sole discretion.

Platform Transaction Fees. Evolynt currently charges 0% platform fees on transactions between Creators and their Clients. We reserve the right to introduce or modify platform transaction fees with at least thirty (30) days' advance written notice to affected Creators. Such notice may be provided by posting updated fee information on the Website or by email to the address associated with your account, and need not be provided on an individualized basis. In cases where fee charges are required due to changes in payment processor rates, applicable law, or regulatory requirements, Evolynt may implement such changes with less than thirty (30) days' notice or immediately. New or modified fees apply only to transactions occurring after the effective date of the change. Evolynt reserves the right to withhold, offset, or recoup platform fees from transaction proceeds owed to Creators.

13A. API Usage

Evolynt may provide application programming interfaces ("APIs") that allow Creators to access and interact with the Services programmatically. If you use Evolynt's APIs, the following terms apply:

Access and Credentials. API access may require authentication credentials (API keys, tokens, or similar). You are solely responsible for maintaining the confidentiality and security of your API credentials. You must not share your credentials with unauthorized third parties. Evolynt reserves the right to revoke or rotate API credentials at any time without notice if it suspects unauthorized use, a security breach, or a violation of these Terms.

Rate Limits. Evolynt may impose rate limits or usage quotas on API access. You agree to comply with any published rate limits and not to attempt to circumvent or exceed them. Evolynt reserves the right to suspend or terminate API access without notice or liability in the event of excessive usage, abuse, or circumvention of rate limits. Evolynt may charge additional fees for usage in excess of published quotas at rates determined in its sole discretion.

Prohibited Uses. You must not use the APIs to: (a) access or collect data for competitive purposes; (b) scrape, mine, or harvest data in violation of these Terms; (c) access another user's data without authorization; (d) interfere with or disrupt the Services; or (e) build a substantially similar or competing service.

Availability and Changes. Evolynt does not guarantee the availability, reliability, or performance of its APIs. We may modify, deprecate, or discontinue any API or API feature with reasonable notice. Where feasible, we will provide at least thirty (30) days' notice before deprecating or removing an API endpoint. Evolynt shall have no liability for any losses, damages, or costs arising from API unavailability, changes, or deprecation. APIs are provided on an "as is" basis without warranty of any kind.

Intellectual Property. All APIs, endpoints, data structures, response formats, and documentation provided by Evolynt are and remain the exclusive intellectual property of Evolynt. Your use of the APIs grants you no rights in or to Evolynt's intellectual property beyond a limited, revocable, non-exclusive license to access the APIs solely as permitted under these Terms. Evolynt may revoke this license at any time in its sole discretion.

API Indemnification. You agree to defend, indemnify, and hold harmless Evolynt and its affiliates, officers, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the APIs; (b) any breach of these API terms; (c) unauthorized data access caused by your integration; or (d) any third-party claims arising from your API-based application or integration.

14. Disclaimers, Liability and Indemnification

You understand and agree that your use of the Website, its content, and any goods, digital products, services, information or items found or attained through the Website is at your own risk. The Website, its content, and any goods, services, digital products, information or items found or attained through the Website are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

You acknowledge and agree that Company or its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website or its contents or that: (i) any goods, services, digital products, information or items found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, (ii) defects will be corrected, (iii) our Website, or the server that makes it available or any of its content, are free of viruses or other harmful components or destructive code.

How We Limit Our Liability to You

Except where such exclusions are prohibited by law, in no event shall the Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable under these Terms of Use and Service to you or any third-party for any consequential, indirect, incidental, exemplary, special, or punitive damages whatsoever, including any damages for business interruption, loss of use, data, revenue or profit, cost of capital, loss of business opportunity, loss of goodwill, whether arising out of breach of contract, tort (including without limitation, negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not the Company was advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the total aggregate liability of the Company and its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors for all claims arising out of or relating to: (1) these Terms of Use, (2) service or your use of the Website not expressly authorized by these Terms; (3) any content, Creator Content, products, or services you offer, publish, or transmit through the Platform, including any allegation that such content, products, or services infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, moral rights, or other proprietary rights of any third party; (4) any dispute between you and a Client, including claims arising from your products, services, representations, refund practices, or failure to fulfill obligations to Clients; (5) your violation of any applicable federal, state, local, or international law or regulation in connection with your use of the Platform; or (6) any use of any goods, digital products, or information purchased or obtained through the Website shall not exceed the lessor of: (a) the total fees actually paid by you directly to Evolynt in the six (6) months preceding the event giving rise to your claim; or (b) one hundred dollars ($100.00 USD).

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use and Service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these Terms of Use and Service or any use of any goods, digital products and information purchased from this Website.

15. Privacy Policy

Your provision of personal information through the Website is governed by our privacy policy located at evolynt.com/privacy (the "Privacy Policy").

16. Governing Law

This Terms of Use and Service shall be governed and interpreted by the laws and courts in the State of Wyoming; any reference to "applicable law" throughout this Terms of Use and Service shall include within its scope the laws of the County of Sheridan, Wyoming. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods ("CISG") will not govern these Terms of Use and Service or the rights and obligations of the parties under these Terms of Use and Service.

17. Arbitration

Please read this section carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief.

You agree that any dispute or claim relating in any way to your access or use of the Services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services, or to any aspect of your relationship or transactions with us will be resolved by binding arbitration, rather than in court, except that:

You may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and
You or Evolynt may seek equitable relief in court for infringement or other misuse of intellectual property rights.

If you agree to arbitration with Evolynt, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any class, collective, or representative lawsuit. Instead, by agreeing to arbitration, you may bring your claims against us in an individual arbitration proceeding.

Before demanding arbitration, you and Evolynt will personally meet and confer, via telephone or video conference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement.

The party initiating the claim must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice.

To notify Evolynt, email legal@evolynt.com, providing your username, email address associated with your account, and a description of your claim. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration.

This Arbitration Agreement is governed by the Federal Arbitration Act. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: 30 N Gould Street Suite R, Sheridan, WY 82801.

The arbitration will be conducted by JAMS under its rules. Disputes involving claims under $250,000 shall be subject to JAMS's Streamlined Arbitration Rules; all other claims shall be subject to JAMS's Comprehensive Arbitration Rules. Payment of filing, administration, and arbitration fees will be governed by JAMS's rules. If the arbitrator finds that you cannot afford to pay JAMS's fees and cannot obtain a waiver, we will pay them for you. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.

You and Evolynt waive any constitutional and statutory rights to sue in court and receive a judge or jury trial.

You and Evolynt agree to waive any right to resolve claims on a class, collective, or representative basis. All claims and disputes must be arbitrated on an individual basis and not on a class basis.

If this waiver is deemed invalid with respect to a particular claim, or to the extent that the parties are permitted under this Agreement to initiate litigation in a court, both you and Evolynt agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively within the State of Wyoming.

To increase efficiency, if 100 or more similar arbitration demands are submitted within a 30-day period, the arbitration provider shall group them into batches of no more than 100 demands per batch and provide for resolution of each batch as a single arbitration.

You may opt out of this Arbitration Agreement by notifying Evolynt in writing no later than 30 days after first becoming subject to this Agreement. Your notice must include your name, address, email address, and a clear statement that you want to opt out. Send your opt-out notice to: legal@evolynt.com. If you opt out, all other parts of this Agreement will continue to apply. Opting out has no effect on any other arbitration agreements you may have with us.

To the extent any dispute is determined to be outside the scope of the Arbitration Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Sheridan, Wyoming, and waive any objection to such jurisdiction or venue.

18. Severability

If any provision of these Terms of Use and Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use and Service will continue in full force and effect.

19. Entire Terms of Use and Service

These Terms of Use and Service constitute the entire and only Terms of Use and Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Use and Service, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Use and Service, save those expressly set out in these Terms of Use and Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Use and Service except to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Use and Service shall be effective unless it is in writing and signed by or on behalf of Company.

20. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

21. Notice

We may provide any notice to you under these Terms of Use and Service by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting such notice on the Website. Notices sent by email will be effective when we send the email and notices we provide by Website-posting will be effective upon posting. You acknowledge that it is your responsibility to keep your email address current and consistently monitor your email account for any such notice, including without limitation, by inspecting your spam or junk email folder. You further acknowledge that it is your responsibility to monitor the Website for any such notices posted by us.

To give us notice under these Terms of Use and Service, you must contact us as follows: (i) by email at legal@evolynt.com ("Company Notice Email"); or (ii) by United States mail at 30 N Gould Street Suite R, Sheridan, WY 82801 ("Company Notice Address"). We may update the Company Notice Address, Company Notice Email and/or the prescribed form of providing us with notice by posting a notice on this Website with such an effect. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.

22. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms of Use and Service where such failure or delay results from events beyond the reasonable control of that party, including but not limited to: acts of God, fire, flood, earthquake, epidemics or pandemics, war, terrorism, civil unrest, strikes or labor disputes, government actions, power failures, internet or telecommunications failures, or attacks on or failure of third-party systems or infrastructure. The affected party shall use reasonable efforts to mitigate the impact of such events and resume performance as soon as practicable.

23. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms of Use and Service without the prior written consent of Evolynt. Evolynt may freely assign, transfer, or delegate its rights and obligations under these Terms of Use and Service without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section shall be void. Subject to the foregoing, these Terms of Use and Service shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

24. Relationship of the Parties

Nothing in these Terms of Use and Service shall be construed as creating a joint venture, partnership, employment, or agency relationship between Evolynt and any User. Neither party has the authority to bind the other or to incur any obligation on the other's behalf. Creators are independent businesses, not employees, agents, or partners of Evolynt. Evolynt is not a party to any agreement between a Creator and a Client.