Terms of Use

YOU SHOULD CAREFULLY READ THESE TERMS OF USE (THE "TERMS") BEFORE USING THE EVOLVIQUE WEBSITE (THE "PLATFORM") AND ALL RELEVANT CONTENT AND SERVICES PROVIDED IN CONNECTION WITH OR THROUGH THE PLATFORM (THE "SERVICES").

BY USING THE PLATFORM AND/OR CREATING A USER ACCOUNT, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.

Any information Evolvique LLC ("us" or "we" or "our" or "Evolvique") collects through your use of the Platform is subject to our Privacy Policy, which is part of these Terms.

By continuing to use the Platform, you agree as follows:

Key Points

1. You are at least 18 years old;
2. You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract between you and Evolvique;
3. You will use the Platform and Services in a manner consistent with applicable laws and regulations, and with these Terms, as they may be amended by Evolvique from time to time; and
4. You understand, accept, and have received these Terms and the Privacy Policy, and acknowledge and demonstrate that you can access these Terms and the Privacy Policy at will.

If you do not agree with and accept the Terms, please discontinue all further use of the Platform and Services. Do not continue to access the Platform and Services.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND EVOLVIQUE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING LEGAL@EVOLVIQUE.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

These Terms of Use ("Terms of Use" or "Terms") are a legal contract between you ("you/your" or "user") and Evolvique. Evolvique is the creator of the Evolvique website (the "Platform"), available at evolvique.com. These Terms govern your use of the Platform and Services and apply to individuals accessing the Platform. By accepting these Terms and using the Platform, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy.

What Is the Platform?

The Platform is designed to allow current and prospective customers to access informational materials about Evolvique, the products it sells and related content, including the Services, such as Evolvique's AI image simulator for aesthetics procedures, and to submit information to us.

You may access and use the Platform only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.

The Platform is not intended to be used to identify emergencies or to treat emergent, serious, or life-threatening conditions.

What Does Evolvique Not Provide?

We DO NOT provide medical advice.

By accepting these Terms, you agree and acknowledge that we do not provide medical services and Evolvique is not a healthcare provider.

THE PLATFORM CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND MUST NOT BE USED IN THOSE CIRCUMSTANCES. THE PLATFORM AND SERVICES MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR FOR MAKING MEDICAL DECISIONS.

General information available through the Platform about medical conditions, products, treatment options, and other educational articles and videos is provided for general informational and educational purposes only. Nothing on the Platform, nor any of the Services, provides medical advice, diagnosis, consultation or treatment. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Platform. If you or another individual has or you suspect that you or another individual has an urgent medical problem or condition, please contact a qualified healthcare professional immediately.

Account Enrollment

You must register to create an account ("User Account") and become a registered user to access the Services. To register, you must create a username and provide your name, your email address, and other information specified in the registration form ("Registration Data"). You may change or correct information in your account by contacting Evolvique at support@evolvique.com. You agree not to register for a User Account on behalf of an individual other than yourself.

By registering for an account and using the Platform or Services, you represent and warrant as follows:

• You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
• Your Registration Data is true, accurate, current, and complete;
• You are physically located or are a resident of the state you have chosen as your current residency when creating your User Account;
• You will update your Registration Data as needed to maintain its accuracy;
• You are authorized to create a User Account for yourself only;
• You acknowledge and agree to the terms of the Privacy Policy; and
• You are legally authorized to view and share with us health data and other Personal Data, and if you are sharing another person's health data or Personal Data, you have obtained all necessary consents and authorizations required under applicable law, including but not limited to HIPAA where applicable.

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE PLATFORM OR SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE PLATFORM OR SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE PLATFORM OR SERVICES.

How Will Evolvique Notify You of Changes to These Terms?

With the exception of the Arbitration Agreement (see "Dispute Resolution" section) included near the end of these Terms, Evolvique reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms on the Platform and we will change the "Last Updated" date above. If you continue to use the Platform after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Platform and delete all files associated with the Platform on your computer and/or mobile device.

Who Owns the Platform, Services, and Personal Data?

Platform and Services Ownership and Use

Evolvique owns the Platform and Services, including all content and functionality you access through the Platform and Services. Subject to your compliance with these Terms, Evolvique grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform and Services, including by registering for a User Account.

THE PLATFORM AND SERVICES ARE FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL, SUBLICENSE, OR TRANSFER YOUR ACCESS TO THE PLATFORM TO ANY THIRD PARTY. You may not use the Platform or Services for any other purpose than what is allowed under these Terms without Evolvique's express written permission.

You may not use Evolvique's name, trademarks, service marks, or logos, or those of third parties appearing on the Platform or Services in any advertising or publicity or to otherwise indicate Evolvique's or such third party's sponsorship or affiliation with any product or service without express written permission from Evolvique or such third party.

Data Ownership and Use

You own your Personal Data (as defined in the Privacy Policy) and any other information you submit on or through the Platform (collectively, "User Content"). When you submit User Content on or through the Platform, you are consenting to allow Evolvique to collect and receive such data. If you are entering someone else's information into the Platform, you represent and warrant that you have obtained all necessary permissions, consents, and authorizations required under applicable law to do so. For us to provide you with the Platform and Services, you grant to Evolvique a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content for the purpose of providing, maintaining, and improving the Platform and Services. You also agree to allow Evolvique to de-identify and anonymize your User Content, including, without limitation, your personal health information, in accordance with applicable law and our Privacy Policy, and to use or disclose such de-identified information for any lawful purpose, provided such de-identified data cannot reasonably be re-identified.

Regarding User Content that you upload, share or store through the Platform or Services, you represent and warrant that: 1) You own or have all necessary rights to your User Content; 2) Your User Content does not infringe the rights of any person or entity, including any third-party; and 3) Your User Content does not violate these Terms or any applicable law.

De-identified and Derivative Data

Evolvique may create, collect, analyze, retain, and use data and other information that is related to or derived from (a) User's access or use of the Evolvique Platform and Services ("Usage Data") and (b) Personal Data and/or User Content that is de-identified in accordance with Evolvique's reasonable de-identification procedures ("Derivative Data"), for the purposes of developing, maintaining, operating, improving, or providing the Evolvique services, to develop new products and services, and for its other business purposes (and such Usage Data and Derivative Data will be owned by Evolvique). In the event User gains or retains any interest in the Usage Data or Derivative Data, User hereby irrevocably assigns to Evolvique any and all right, title, and interest in and to any Usage Data or Derivative Data.

What Are You Not Allowed to Do with the Platform and Services?

You may use the Platform and Services only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Platform and Services. While using the Platform and Services, you shall not:

1. Provide false, misleading, or inaccurate information to us;
2. Use the Platform or Services (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms;
3. Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism to harvest, monitor, or otherwise collect information from the Platform or Services for any use;
4. Use the Platform or Services in any manner that could disable, overburden, damage, or impair the Platform or Services or interfere with any other party's use;
5. Access content or data not intended for you, or log onto a server or account that you are not authorized to access;
6. Violate any applicable federal, state, local, or international law or regulation;
7. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Platform or Services;
8. Post, upload, publish, submit, or transmit any content that: (i) infringes intellectual property rights; (ii) violates any applicable law; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, or offensive; (v) promotes discrimination or hatred; (vi) is violent or threatening; or (vii) promotes illegal or harmful activities;
9. Interfere or attempt to interfere with the use or functionality of the Platform or Services by any other user;
10. Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes";
11. Exploit, harm, or attempt to exploit or harm minors in any way;
12. Incorporate the Platform into any other software product;
13. Interfere in any manner with the operation or hosting of the Platform or technology to gain unauthorized access; or
14. Encourage or enable any other individual to do any of the above.

Evolvique is not obligated to monitor your use of the Platform and Services, but we may do so to ensure your compliance with these Terms. Evolvique reserves the right to suspend or terminate your use of the Platform and Services and/or remove or refuse to process any User Content without notice to you if you partake in any of the prohibited uses described above.

Copyright Policy

Evolvique respects the intellectual property rights of others. It is Evolvique's policy, at its discretion and when appropriate, to terminate the accounts of Users who may infringe or repeatedly infringe the copyrights of third parties.

To submit a copyright infringement notification to Evolvique relating to the Platform, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• 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 the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party.
• A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent to receive notification of claimed copyright infringement can be reached via mail at Evolvique LLC, 8 The Green, STE B, Dover, DE, 19901 or email at legal@evolvique.com.

Protecting Your Login Information

The Platform and Services are designed to require Users to create a username and password to access and use certain areas of the Platform and Services. Your username and password are, collectively, your "User Credentials." You are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) not allowing another person to use your User Credentials to access the Platform or Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify Evolvique in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your User Account.

WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM TO YOU ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR INFORMATION.

Computer Equipment and Internet Access

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for you to access and use the Platform and Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

Opting Out of Communications from Evolvique

We may send communications, including emails, to you regarding your User Account and the Platform and Services. You can choose to filter any User Account and Platform and Services emails using your email settings, but we do not provide an option for you to opt out of these communications.

If you consent to receive marketing or other communications not related to your User Account or the Platform or Services, we will provide you with the option to opt out of such marketing communications within the applicable message.

Text Messages and Calls

By providing your phone number to Evolvique on the Platform, you expressly consent and agree that we may contact you using written, electronic, and/or oral/audio means, including by manual dialing, leaving prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or send SMS/text messages to your phone number as necessary to (a) to discuss our products and services; and (b) as otherwise necessary to complete transactions requested by you, or enforce these Terms, our policies, Applicable Law, or any other agreement we may have with you.

Third Parties and Third-Party Sites

Third-Party Websites

In the course of using the Platform and Services, you may be introduced to areas or features of the Platform or Services that allow you to access websites that do not belong to and are not controlled by us (collectively, "Third-Party Sites"). If you choose to access one of these Third-Party Sites, you will leave our Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES.

Third-Party Services

To the extent any features, aspects, products, or services offered through the Platform or Services are provided, in whole or in part, by third parties ("Third-Party Services" as provided by "Third-Party Service Providers"), you may be subject to additional terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

Your Representations and Warranties

In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Platform and Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Evolvique policies and procedures. YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA WITH US AND THAT YOU HAVE OBTAINED ALL NECESSARY CONSENTS AND AUTHORIZATIONS REQUIRED UNDER APPLICABLE DATA PROTECTION LAWS.

Warranty Disclaimers and Limitation of Liability

No Warranties

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, EVOLVIQUE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EVOLVIQUE OR THROUGH THE PLATFORM OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

OUTPUT FROM THE PLATFORM AND SERVICES MAY NOT BE ACCURATE AND GENERATED IMAGES ARE NOT GUARANTEED TO MATCH YOUR INPUT DIRECTION. EVOLVIQUE MAKES NO GUARANTEES OR WARRANTIES AS TO THE QUALITY, ACCURACY, OR FITNESS OF GENERATED IMAGES. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF AND RELIANCE ON GENERATED IMAGES. OUTPUT FROM THE PLATFORM AND SERVICES IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Your Responsibility for Loss or Damage

YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD EVOLVIQUE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PLATFORM AND SERVICES.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES REMAINS WITH YOU. NEITHER EVOLVIQUE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, EVOLVIQUE'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE PLATFORM MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EVOLVIQUE AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE PLATFORM OR SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Providing Feedback to Evolvique

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform and Services ("Feedback"). You may submit Feedback by e-mailing us at feedback@evolvique.com. You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Access Termination

If you breach any of these Terms, we may suspend or disable your User Account or terminate your access to the Platform and Services without prior notice to you. We reserve the right to terminate your access to and use of the Platform and Services and materials at any time, with or without cause.

If you wish to terminate your User Account, please contact Evolvique at support@evolvique.com, immediately discontinue your use of the Platform and Services, and delete all files associated with the Platform and Services from your computer or mobile device.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

You agree that any dispute between you and Evolvique arising out of or relating to these Terms, the Platform, or the Services will be governed by the dispute resolution procedure outlined below.

Informal Dispute Resolution

Before filing a claim against Evolvique, you agree to try to resolve the dispute informally by contacting legal@evolvique.com. Most User concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.

Arbitration Agreement

In the unlikely event that our support team is unable to resolve a complaint you may have, you agree to resolve the dispute through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Arbitration Association ("AAA").

Arbitration Procedure

Arbitration shall be initiated through the American Arbitration Association ("AAA"). The rules of the ADR Provider shall govern all aspects of the arbitration. The arbitration shall be conducted by a single, neutral arbitrator. The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions. Any in-person hearing will be held in the State of New York, unless the parties agree otherwise.

Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date.

Cost of Arbitration

Each party will pay the fees for its own attorneys. You and Evolvique shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees.

Exceptions to Agreement to Arbitrate

Evolvique may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform or infringement of intellectual property rights without first engaging in the informal dispute-resolution process.

YOU MAY ONLY RESOLVE DISPUTES WITH EVOLVIQUE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Opt Out of Alternative Dispute Resolution Process

Notwithstanding the above, you can decline or "opt out" of the alternative dispute resolution process by contacting legal@evolvique.com within 30 days of first accepting these Terms.

General Contract Terms

Entire Agreement

These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Evolvique and you regarding the Platform and Services.

Governing Law

These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Evolvique's prior written consent. Evolvique may assign or transfer these Terms, at its sole discretion, without restriction.

Notices

Any notices or other communications permitted or required under these Terms will be in writing and given: (i) by Evolvique via email (to the address that you provide); and/or (ii) by posting to the Platform. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH EVOLVIQUE IS ACCURATE AND CURRENT. You shall give any notice to Evolvique by email to: legal@evolvique.com.

No Inadvertent Waiver

The failure of Evolvique to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force.

Intellectual Property Rights

"Intellectual Property Rights" means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress, (iv) trade secrets, (v) mask works, and (vi) industrial design rights.

As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Platform and Services belong to and are retained solely by Evolvique or its licensors, vendors, and affiliates. All rights not expressly granted are reserved by us.

Remedies

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at legal@evolvique.com.