Terms of Service

1.1 "Services" refers to all products, services, content, features, technologies, or functions offered by EVPF, including our website and infrastructure provisioning platform.

1.2 "User," "you," or "your" refers to the individual or entity that registers for, accesses, or uses our Services.

1.3 "Content" refers to all text, information, data, images, software, and other materials that are part of or accessible through the Services.

1.4 "User Data" refers to any data, information, or material that you or your authorized users provide or submit to the Services or that is collected or generated through your use of the Services.

2.1 To access and use certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

2.3 You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.

3.1 Subject to your compliance with these Terms, EVPF grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

3.2 You agree not to (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Services; (ii) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) access the Services in order to build a competitive product or service; or (iv) copy any features, functions, or graphics of the Services.

3.3 You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Services.

4.1 You agree to pay all fees specified when you select the Services. Unless otherwise specified, all fees are quoted in U.S. dollars and are non-refundable.

4.2 EVPF reserves the right to change its fees and pricing models at any time; however, any price changes will apply to subscription periods following your current subscription period.

4.3 Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses incurred by EVPF in collecting such delinquent amounts.

5.1 EVPF and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries.

5.2 These Terms do not grant you any rights to use EVPF's trademarks, logos, domain names, or other brand features without our prior written consent.

5.3 You retain all right, title, and interest in and to your User Data. You grant EVPF a non-exclusive, worldwide, royalty-free license to use, copy, modify, and display your User Data solely to the extent necessary to provide the Services to you.

6.1 Each party may disclose confidential and proprietary information to the other party ("Confidential Information"). Confidential Information includes any information that is designated as confidential or that, under the circumstances, should reasonably be considered confidential.

6.2 Each party agrees to maintain the confidentiality of the other party's Confidential Information and to protect it with at least the same degree of care as it would use to protect its own Confidential Information, but in no event with less than reasonable care.

6.3 The receiving party may use Confidential Information only for the purpose of performing its obligations or exercising its rights under these Terms. The receiving party will not disclose Confidential Information to any third party except to its employees, contractors, and advisors who need to know such information and who are bound by confidentiality obligations at least as restrictive as those in these Terms.

7.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 EVPF DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.3 EVPF MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, OR COMPLETENESS OF THE SERVICES.

8.1 IN NO EVENT SHALL EVPF, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS 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, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

8.2 IN NO EVENT SHALL EVPF'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID EVPF IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.3 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT EVPF HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

9.1 You agree to defend, indemnify, and hold harmless EVPF, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, 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 violation of these Terms or your use of the Services.

10.1 These Terms will remain in full force and effect while you use the Services.

10.2 EVPF may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

10.3 Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.1 These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

11.2 Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

11.3 Notwithstanding the foregoing, either party may seek equitable relief in any court having jurisdiction to protect its intellectual property rights or confidential information.

12.1 These Terms constitute the entire agreement between you and EVPF regarding the Services and supersede all prior agreements and understandings, whether written or oral.

12.2 EVPF's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

12.3 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

12.4 You may not assign or transfer these Terms, by operation of law or otherwise, without EVPF's prior written consent. EVPF may assign or transfer these Terms, without consent.

12.5 These Terms are binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

If you have any questions about these Terms, please contact us at [email protected] or by mail at 548 Market St, PMB 57274, San Francisco, California, 94104-5401 US.