Terms and Conditions ofTES www.evoeld.com

These Terms govern

the use of this Application, and,

any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Application is provided by:

EVOELD 5146 Hartwell Ln BrunswickOH 44212

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In

particular, certain provisions may only apply to Consumers or to those Users that do not qualify as

Consumers. Such limitations are always explicitly mentioned within each affected clause. In the

absence of any such mention, clauses apply to all Users.

Unless otherwise specified, the terms of use detailed in this section apply generally when using this

Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are

additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in

a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also

required to choose passwords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and

password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in

this document, if they think their personal information, including but not limited to User accounts, access

credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

By directly contacting the Owner at the contact details provided in this document.

However, termination of the account will not be possible until the subscription period paid for by the User

has expired.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User

accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages

or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from

paying any applicable fees or prices.

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or

provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no

applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a

result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly

asked to preferably report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the

Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below),

derivative works from the content available on this Application, nor allow any third party to do so through the

User or their device, even without the User's knowledge.

Where explicitly stated on this Application, the User may download, copy and/or share some content

available through this Application for its sole personal and non-commercial use and provided that the

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users

acknowledge and accept that the Owner has no control over such resources and is therefore not responsible

for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible

grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of

those, applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under

these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no

applicable law, regulations or third-party rights.

Therefore,

the Owner reserves the right to take any appropriate measure to protect its legitimate

interests including by denying Users access to this Application or the Service, terminating

contracts, reporting any misconduct performed through this Application or the Service to the

competent authorities – such as judicial or administrative authorities - whenever Users engage

or are suspected to engage in any of the following activities:

violate laws, regulations and/or these Terms;

infringe any third-party rights;

considerably impair the Owner’s legitimate interests;

offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Application, as part of the Service, are provided on the basis of

payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the

dedicated sections of this Application.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Application and

are subject to change without notice.

While Products on this Application are presented with the greatest accuracy technically possible,

representation on this Application through any means (including, as the case may be, graphic material,

images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the

purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

Users must choose the desired Product and verify their purchase selection.

After having reviewed the information displayed in the purchase selection, Users may place the order

by submitting it.

Order submission

When the User submits an order, the following applies:

The submission of an order determines contract conclusion and therefore creates for the User the

obligation to pay the price, taxes and possible further fees and expenses, as specified on the order

page.

In case the purchased Product requires active input from the User, such as the provision of personal

information or data, specifications or special wishes, the order submission creates an obligation for the

User to cooperate accordingly.

Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by

the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and

costs (including, if any, delivery costs) that they will be charged.

Prices on this Application are displayed:

either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User

is browsing.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related

information can be found in the dedicated section of this Application.

All payments are independently processed through third-party services. Therefore, this Application does not

collect any payment information – such as credit card details – but only receives a notification once the

payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner

shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed

or refused payment shall be borne by the User.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the

owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on this

Application or as communicated before the order submission.

Contract duration

Fees

You agree to pay us for the Services in accordance with the fees, charges, taxes and billing terms in effect at

the time a fee or charge is due and payable. According to the nature of some of our Services, fees may be

required in advance of use. All fees must be paid in U.S. dollars unless specifically permitted otherwise by

evoeld.com.

Cancellation

evoeld.com is a pay-in-advance service and you may request to cancel at any time. A request to cancel a

evoeld.com account must be made at least 5 days prior to the next invoice date or the service will continue

through the next billing period. Main and Billing users may either make a cancellation request online through

their account from the Billing page, by calling to speak with a evoeld.com representative, or through the email.

Simply canceling the credit/debit card associated with a evoeld.com account will not cancel the account.

Cancellations will take effect on the last day of the billing period in which the cancellation is processed. No

portion of a payment will be refunded or prorated at the time a cancellation request is made. Customers are

encouraged to keep records of all communications regarding cancellation.

Cancellation of an account does not resolve outstanding amounts owed or nullify previously agreed upon

charges or fees, such as payments charged in installments or annual contract charges, portions of which may

not yet have been invoiced at the time of your cancellation request. At the time of cancellation, any

outstanding amounts owed to EVOELD must be settled.

Note: If you entered into a signed contract for your services, such as an annual contract, please review your

contract for additional obligations. In the event the billing terms in your signed contract conflict with these

Terms and Conditions, the terms of your signed contract will govern.

Automatic Recurring Billing

We will automatically renew and charge your credit card, withdraw from your account, or issue an invoice to

you (whichever form of payment you authorized at the time you set up your Account) (a) every month for

monthly service agreements, (b) every quarter for quarterly service agreements, (c) each year on the

subsequent anniversary for annual service agreements, or (d) monthly for annual service agreements. In the

event of an early termination of an annual service agreement that is paid monthly, EVO ELD will charge your

credit card, or withdraw from your account for full payment for the remainder of the annual term. Renewal

charges for each service agreement will be equal to the then-current service fee unless we have mutually

agreed otherwise. Fees for other services will be charged on an as-quoted basis. Unpaid fees will result in

suspension of the Services. Once fees have been paid after suspension, you will be charged going forward at

the then current rate for the Service(s).

For transactions with a returned payment fee evoeld.com will impart that fee to the customer. evoeld.com

reserves the right to hold you, the customer, responsible for reasonable fees associated with collection of

payment, including but not limited to collection agency fees.

Refund Policy

For our subscription-based Services, payment is made in advance for access over a certain time period,

regardless of actual usage. Subscriptions are non-cancellable for the pre-paid time period and thus, we do not

refund fees or pro-rate for partial usage.

Liability and indemnification

US Users

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is

at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly

disclaims all conditions, representations, and warranties — whether express, implied, statutory

or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a

particular purpose, or non-infringement of third-party rights. No advice or information, whether

oral or written, obtained by user from owner or through the Service will create any warranty not

expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers,

directors, agents, co-branders, partners, suppliers and employees do not warrant that the

content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the

Service will be available at any particular time or location, uninterrupted or secure; that any

defects or errors will be corrected; or that the Service is free of viruses or other harmful

components. Any content downloaded or otherwise obtained through the use of the Service is

downloaded at users own risk and users shall be solely responsible for any damage to Users’

computer system or mobile device or loss of data that results from such download or Users’ use

of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or

service advertised or offered by a third party through the Service or any hyperlinked website or

service, and the Owner shall not be a party to or in any way monitor any transaction between

Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser,

mobile device, and/or operating system. The owner cannot be held liable for any perceived or

actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of

certain implied warranties. The above exclusions may not apply to Users. This Agreement gives

Users specific legal rights, and Users may also have other rights which vary from state to state.

The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by

applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its

subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and

employees be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including

without limitation damages for loss of profits, goodwill, use, data or other intangible losses,

arising out of or relating to the use of, or inability to use, the Service; and

any damage, loss or injury resulting from hacking, tampering or other unauthorized access

or use of the Service or User account or the information contained therein;

any errors, mistakes, or inaccuracies of content;

personal injury or property damage, of any nature whatsoever, resulting from User access

to or use of the Service;

any unauthorized access to or use of the Owner’s secure servers and/or any and all personal

information stored therein;

any interruption or cessation of transmission to or from the Service;

any bugs, viruses, trojan horses, or the like that may be transmitted to or through the

Service;

any errors or omissions in any content or for any loss or damage incurred as a result of the

use of any content posted, emailed, transmitted, or otherwise made available through the

Service; and/or

the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the

Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners,

suppliers and employees be liable for any claims, proceedings, liabilities, obligations,

damages, losses or costs in an amount exceeding the amount paid by User to the Owner

hereunder in the preceding 12 months, or the period of duration of this agreement between

the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the

applicable jurisdiction whether the alleged liability is based on contract, tort, negligence,

strict liability, or any other basis, even if company has been advised of the possibility of

such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential

damages, therefore the above limitations or exclusions may not apply to User. The terms

give User specific legal rights, and User may also have other rights which vary from

jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the

terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates,

officers, directors, agents, co-branders, partners, suppliers and employees harmless from

and

against any and all claims or demands, damages, obligations, losses, liabilities, costs or

debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to the Service, including any data or content transmitted or

received by User;

User’s violation of these terms, including, but not limited to, User’s breach of any of the

representations and warranties set forth in these terms;

User’s violation of any third-party rights, including, but not limited to, any right of privacy

or intellectual property rights;

User’s violation of any statutory law, rule, or regulation;

any content that is submitted from User’s account, including third party access with User’s

unique username, password or other security measure, if applicable, including, but not

limited to, misleading, false, or inaccurate information;

User’s wilful misconduct; or

statutory provision by User or its affiliates, officers, directors, agents, co-branders,

partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any

such right or provision. No waiver shall be considered a further or continuing waiver of such term or any

other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for

maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the

Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or

information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such

as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its

Service without the Owner’s express prior written permission, granted either directly or through a legitimate

reselling programme.

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as

copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive

property of the Owner or its licensors and are subject to the protection granted by applicable laws or

international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks,

illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive

property of the Owner or its licensors and are subject to the protection granted by applicable laws or

international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the

Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish

to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may

entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can

obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into

force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or

obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding

changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written

permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated

in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the

invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which

shall remain in full force and effect.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant

section of this document, without regard to conflict of laws principles.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with

the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy

regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the

contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related

order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 3 days of receiving it.

Definitions and legal references

This Application (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of

nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.

Product

A good or service available for purchase through this Application, such as e.g. physical goods, digital files,

software, booking services etc.

The sale of Products may be part of the Service.

Service

The service provided by this Application as described in these Terms and on this Application.

Terms

All provisions applicable to the use of this Application and/or the Service as described in this document,

including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using this Application.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally,

acts for purposes outside their trade, business, craft or profession.

Latest update: March 3, 2023