Terms of Service

Definitions

"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

"Agreement" means these Terms of Service and all materials referred or linked to herein.

"Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential. Confidential Information includes all information concerning: the Disclosing Party's customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information doesn't include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement regardless of whether it is designated as confidential.

"Customer Data" means all information that you submit or collect via the Subscription Service, including but not limited to first name, last name, email address, phone number, and Google Analytics data.

"EVAI", "we", "us" means the applicable contracting entity as specified in the Contact Us section.

"EVAI Content" means all information, data, text, messages, software, sound, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service.

"EVAI Token" means a blockchain-based digital asset issued or recognised by EVAI, which may be used to purchase certain Services on the platform, including Subscriptions. The EVAI Token does not constitute legal tender and may be subject to significant price volatility. The value and availability of the EVAI Token are not guaranteed by EVAI.

"Free Services" means the Subscription Service or other products, or features made available by us to you on an unpaid trial or free basis.

"Personal Data" means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected as personal data under applicable Data Protection Laws.

"Ratings" means non-interactive token evaluation metrics generated by EVAI using proprietary methodologies. Ratings are provided for informational purposes only and do not constitute investment advice, recommendations, or an offer to transact in any digital asset.

"Sensitive Information" means credit or debit card numbers; financial account numbers or wire instructions; government-issued identification numbers (such as Social Security numbers, passport numbers), biometric information, personal health information, personal information of children protected under any child data protection laws, and any other information falling within the definition of "special categories of data" under GDPR or any other applicable law relating to privacy and data protection.

"Subscription" means a recurring or time-based access right to designated features of the Subscription Service, including Token Price Analytics and Ratings. Subscriptions may be paid in fiat currency or EVAI Tokens, subject to applicable terms and pricing.

"Subscription Fee" means the amount you pay for the Subscription Service.

"Subscription Service" means all of our web-based applications, tools and platforms accessible via evai.io or another designated URL.

"Subscription Term" means the initial term of your subscription, as specified at the time of purchase, and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.

"Third-Party Products" means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service.

"Third-Party Sites" means third-party websites linked to from within the Subscription Service.

"Token Price Analytics" means non-interactive analytical outputs, visualisations, data models, or statistical summaries generated by the Subscription Service to reflect historical or projected movements in digital asset (token) prices. These analytics are based on proprietary methodologies and are provided solely for informational purposes. They do not constitute investment advice, financial forecasting, or personalised recommendations.

"You", "your", or "User" means the person using the Subscription Service.

Use of Services

Access. We will provide you access to use the Subscription Service as described in this Agreement. We may also provide you access to use our Free Services at any time by activating them in your EVAI account. We might provide some or all elements of the Subscription Service through third-party service providers.

Certain features of the Subscription Service may require payment in fiat currency or EVAI Tokens. Prices denominated in tokens may fluctuate and are subject to change at our discretion due to market volatility.

Additional Features. You may subscribe to additional features of the Subscription Service by activating them from within your EVAI account (if this option is made available by us). This Agreement will apply to all additional features that you activate.

Limits. Limits applicable to your subscription will be specified at the time of purchase or designated within the product itself.

You must be 18 years of age or older to use the Subscription Service.

YOU ACKNOWLEDGE AND AGREE THAT ACCESS TO TOKEN PRICE ANALYTICS, RATINGS, AND OTHER SUBSCRIPTION SERVICES IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, OR TRADING ADVICE. BY USING THESE FEATURES, YOU REPRESENT THAT YOU ARE A FINANCIALLY SOPHISTICATED USER CAPABLE OF INTERPRETING SUCH INFORMATION AND MAKING YOUR OWN INDEPENDENT DECISIONS.

Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience.

Customer Support. Support requests are handled via our support contact channel.

Acceptable Use. You will comply with our Acceptable Use Policy and applicable law.

Prohibited and Unauthorized Use. You will not use the Subscription Service in any way that violates applicable law or this Agreement. You may not use the Subscription Service if you are legally prohibited from receiving or using it under the laws of the country in which you are resident or from which you access or use it.

You are solely responsible for ensuring that your use of any token-based functionality, including Token Price Analytics, Ratings, and other Subscription Services, is compliant with applicable laws and regulations in your jurisdiction, including digital asset, securities, and financial regulations.

No Sensitive Information. YOU ACKNOWLEDGE THAT THE SUBSCRIPTION SERVICE HAS NOT BEEN DESIGNED TO PROCESS OR MANAGE SENSITIVE INFORMATION AND ACCORDINGLY YOU AGREE NOT TO USE THE SUBSCRIPTION SERVICE TO COLLECT, MANAGE, OR PROCESS SENSITIVE INFORMATION. WE SPECIFICALLY DISCLAIM ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SUBSCRIPTION SERVICE TO COLLECT, PROCESS, OR MANAGE SENSITIVE INFORMATION.

User Responsibilities. You are responsible for maintaining valid payment credentials (whether fiat or token), ensuring secure access to your account, and recognising that token ratings and analytics are non-advisory informational tools.

Free Trial. If you register for a free trial, we will make the applicable Subscription Service available to you free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your paid subscription. Unless you purchase a subscription before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial. Certain functionalities, such as Token Price Analytics, Ratings, or advanced subscription features, may be limited or unavailable during the free trial.

Fees

Subscription Fees. The Subscription Fee will remain fixed during the initial term of your subscription unless you upgrade products or subscribe to additional features, or as otherwise agreed.

If you choose to pay in EVAI Tokens, the applicable token amount will be calculated at the time of payment based on the then-current exchange rate as displayed on our platform. We are not liable for any losses or differences due to token price fluctuations.

Fee Adjustments at Renewal. Upon renewal, we may increase your fees. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal.

Payment by Card. If you are paying by card, you authorize us to charge your card or bank account for all fees payable during the Subscription Term. You further authorize us to use a third party (our payment processor) to process payments, and consent to the disclosure of your payment information to such third party.

Payment by EVAI Token. We allow payment for our subscription services using the EVAI Token. All token payments are non-refundable, non-cancellable, and subject to network transaction conditions outside our control. You are solely responsible for any exchange rate volatility, wallet configuration, or token compatibility issues.

Payment Information. You will keep your contact, billing, and payment information up to date. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.

Taxes. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state where required.

Term and Termination

Term and Renewal. Your initial subscription period will be specified at the time of purchase, and, unless otherwise specified, your subscription will automatically renew for the shorter of the subscription period or one year.

Notice of Non-Renewal. To prevent renewal of your subscription, you must turn off auto-renewal via your account settings before the renewal date.

Early Cancellation. You may choose to cancel your subscription early at your convenience, provided that we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term.

This no-refund policy applies equally to payments made in fiat or EVAI Tokens. You acknowledge that crypto-based transactions are final and irreversible.

Termination for Cause. Either party may terminate this Agreement for cause: (i) upon thirty (30) days' notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation, or assignment for the benefit of creditors.

We may also terminate this Agreement for cause on thirty (30) days' notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

Suspension for Prohibited Acts. We may suspend your access to any or all Subscription Services without notice for use of the Subscription Service in a way that violates applicable law or the terms of this Agreement.

Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to the Subscription Services ten (10) days after such notice.

Suspension and Termination of Free Services. We may suspend, limit, or terminate the Free Services for any reason at any time without notice, including due to inactivity.

Effect of Termination or Expiration. Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service and EVAI Content. Fees are otherwise non-refundable.

For the avoidance of doubt, no refunds will be provided for payments made in EVAI Tokens or other cryptoassets, even in the event of termination for cause, unless required by applicable law. Token-based payments are treated as final, and any refund rights will apply solely to fiat-based transactions.

Customer Data

Your Proprietary Rights. If you are using the Subscription Service on behalf of another party, you represent and warrant that you have all sufficient and necessary rights and permissions to do so.

Limits on EVAI. We will not use, or allow anyone else to use, your Customer Data to contact any individual or company except as you direct or otherwise permit. We will use Customer Data only to provide the Subscription Service to you and only as permitted by applicable law and this Agreement.

Data Practices and Machine Learning. We may monitor use of the Subscription Service in an aggregate and anonymized manner. We may use Customer Data in an anonymized manner for machine learning. We will not use personally identifiable information (such as name, email, or phone number) in any non-anonymised or non-aggregated form for machine learning purposes.

Protection of Customer Data. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Personal Data, as further described in our Privacy Policy.

Data Transfers. We may transfer Customer Data (including Personal Data) outside your country of residence in connection with the Subscription Service, as further described in our Privacy Policy.

Retention and Deletion. For information on our procedures regarding retention and deletion of Customer Data, please see our Privacy Policy.

Intellectual Property

This is an agreement for access to and use of the Subscription Service, and you are not granted a license to any software by this Agreement. The Subscription Service is protected by intellectual property laws; it belongs to and is the property of us or our licensors, and we retain all ownership rights to it. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the EVAI Content or the Subscription Service, in whole or in part, by any means, except as expressly authorized in writing by us. This includes all Ratings, Token Price Analytics, analytical algorithms, scoring frameworks, and any derived data insights provided through the platform. You acknowledge that you acquire no ownership or license rights in any such methodologies or results.

"EVAI" and all related names, logos, product and service names, designs, and slogans are trademarks of EVAI or its affiliates. You must not use such marks without our prior written permission.

Confidentiality

The Receiving Party will: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party (except those third-party service providers used by us to provide elements of the Subscription Service), and (iv) limit access to Confidential Information to those employees, contractors, and agents who need such access for purposes consistent with this Agreement.

The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any law, statute, rule, regulation, subpoena, or legal process, provided that, where not legally prohibited, the Receiving Party will give the Disclosing Party prompt notice sufficient to allow it to object or seek a protective order.

Indemnification

You will indemnify, defend, and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding brought against us to the extent it arises out of: (a) unauthorized or illegal use of the Subscription Service by you; (b) your noncompliance with or breach of this Agreement; (c) your use of Third-Party Products; or (d) the unauthorized use of the Subscription Service by any other person using your account information.

This includes, but is not limited to, claims arising from your jurisdiction's treatment of digital assets, tokens, or financial data displayed or consumed through our platform.

We will notify you in writing within thirty (30) days of becoming aware of any such claim, give you sole control of the defense or settlement, and provide you (at your expense) with reasonable assistance.

Disclaimers; Limitation of Liability

Disclaimer of Warranties. WITHOUT LIMITING OUR OBLIGATIONS UNDER THE 'CUSTOMER DATA' SECTION OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SUBSCRIPTION SERVICE, DATA MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, OR EVAI CONTENT, FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE AND EVAI CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY RATINGS, TOKEN PRICE ANALYTICS, OR OTHER DATA DERIVED FROM THE PLATFORM CONSTITUTES FINANCIAL, INVESTMENT, LEGAL, OR OTHER ADVICE. YOU ACKNOWLEDGE THAT YOU USE SUCH INFORMATION AT YOUR OWN RISK.

No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; PROVIDED THAT THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES.

Limitation of Liability. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY UNDER THE 'INDEMNIFICATION' SECTION, AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY, THE PARTIES AGREE THAT AGGREGATE LIABILITY WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, IF YOU ONLY USE THE FREE SERVICES, OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS.

IN THE CASE OF PAYMENTS MADE IN EVAI TOKENS, LIABILITY SHALL BE CAPPED BASED ON THE FIAT VALUE OF SUCH PAYMENTS AS RECORDED BY THE PLATFORM AT THE TIME OF TRANSACTION CONFIRMATION, IRRESPECTIVE OF ANY FLUCTUATION IN THE TOKEN'S MARKET VALUE THEREAFTER.

Third-Party Products. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE.

Miscellaneous

Amendment. We may modify this Agreement at any time by posting a revised version at evai.io. The revised version will become effective and binding the next business day after it is posted. We will provide notice of material revisions by email or in-app notification.

This includes changes required by evolving global legal frameworks applicable to tokenized payments, blockchain analytics, or cross-border data flows under applicable law.

Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, pandemic, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage not caused by the obligated party; government restrictions; or other events outside the reasonable control of the obligated party.

Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.

Compliance with Laws. You will comply with all applicable laws in your use of the Subscription Service, including applicable export and sanctions laws. You are solely responsible for determining whether your use of token-based services on our platform is lawful in your jurisdiction.

Severability. If any part of this Agreement is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect.

Notices. We may give electronic notices by general notice via the Subscription Service and may give notices specific to you by email to the address on record in your account. You must keep your account information up to date.

Entire Agreement. This Agreement, together with our Privacy Policy and Cookie Policy, is the entire agreement between us regarding the Subscription Service. We might make versions of this Agreement available in languages other than English; if we do, the English version will govern.

Assignment. You will not assign or transfer this Agreement without our prior written consent. We may assign this Agreement to any EVAI affiliate or in the event of a merger, reorganization, sale of all or substantially all of our assets, or change of control.

No Third-Party Beneficiaries. Nothing in this Agreement is intended to confer upon any third party any right, benefit, or remedy.

Authority. Each party represents and warrants that it has full power and authority to enter into this Agreement and that it is binding upon and enforceable against such party.