Evidano Terms of Service

1. Agreement to These Terms

AILYZE, Inc. ("AILYZE", "we", "us", or "our") is the provider of Evidano, the AI research platform available at www.evidano.com (the "Service"). These Terms of Service (the "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and AILYZE, concerning your access to and use of the Service.

By creating an account, accessing, or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" means that organization.

Order of precedence. If there is a conflict, the following order governs: (a) a signed written agreement between you and AILYZE covering the Service; (b) an executed Data Processing Agreement or Business Associate Agreement; (c) these Terms; (d) our Privacy Policy; and (e) plan descriptions and documentation published on our website.

2. Definitions

• "Input" means the documents, files, text, audio, prompts, and other data you submit to the Service.
• "Output" means the results the Service generates from your Input, including transcriptions, translations, codes, themes, summaries, and reports.
• "Content" means Input and Output together. Content is the same thing our Privacy Policy calls "Customer Data"; the two terms are interchangeable, and these Terms use "Content" throughout.
• "Free Plan" means any tier of the Service we make available at no charge.
• "Paid Plan" means any tier of the Service for which fees are payable.
• "Subscription Term" means the billing period you select for a Paid Plan — monthly or annual — beginning on the date your subscription starts or renews.

3. The Service and Regulated Data

The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or would subject us to any registration requirement within that jurisdiction or country. If you access the Service from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

3.1 Health Information

The Service is designed to support use cases subject to the Health Insurance Portability and Accountability Act (HIPAA) through a Business Associate Agreement. If you are a covered entity or business associate and intend to submit Protected Health Information, you must execute a Business Associate Agreement with us before doing so. Request one at info@evidano.com. Submitting Protected Health Information without an executed BAA in place is a breach of these Terms. We disclaim all liability for HIPAA compliance regarding Protected Health Information submitted without a mutually executed BAA. You bear sole responsibility for any breaches arising from such unauthorized submissions.

3.2 Other Regulated Data

Unless we have agreed otherwise in a signed writing, you may not submit to the Service:

• non-public personal information subject to the Gramm-Leach-Bliley Act (GLBA) or consumer report information subject to the Fair Credit Reporting Act (FCRA);
• payment card data subject to the PCI DSS, including full card numbers;
• classified information, or information subject to export controls, the International Traffic in Arms Regulations, or similar government controls;
• biometric identifiers collected for identification purposes, where a jurisdiction requires separate consent or a retention schedule we have not agreed to support.

You are responsible for determining whether the Service is appropriate for the data you intend to process and for obtaining any consents, approvals, or ethics clearances your research or your regulator requires.

4. Eligibility and Accounts

By using the Service, you represent and warrant that:

• You are at least eighteen (18) years old and are not a minor in the jurisdiction in which you reside.
• All registration information you submit is true, accurate, current, and complete, and you will keep it that way.
• You have the legal capacity to enter into these Terms and agree to comply with them.
• You will not access the Service through automated or non-human means except as expressly permitted by us.
• You will not use the Service for any illegal or unauthorized purpose, and your use will not violate any applicable law or regulation.

Persons under eighteen (18) are not permitted to register for or use the Service.

Account security. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. You may not share your credentials with anyone outside your organization or allow anyone else to use your account. Tell us promptly at info@evidano.com if you suspect unauthorized access. We may reclaim or change a username that we reasonably determine is misleading, infringing, or offensive.

Accuracy of registration information. If you provide information that is untrue, inaccurate, or incomplete, we may suspend or terminate your account under Section 14.

5. Plans, Fees, and Payment

5.1 Free Plan

We offer a Free Plan at no charge. The following terms apply to it:

• No expiry and no automatic conversion. The Free Plan is not a time-limited trial. It does not expire, and it will never convert into a Paid Plan or generate a charge unless you expressly choose to upgrade. We do not require a payment method to use it.
• Inactive accounts. We reserve the right to delete Free Plan accounts and their associated Content if the account has been inactive for twelve (12) consecutive months, following a thirty (30) day email warning.
• Usage limits. The Free Plan includes the features and usage limits described on our pricing page at the time you use it. We may apply reasonable technical and fair-use limits, and may decline usage that is automated, resold, or materially disproportionate to ordinary individual research use.
• Changes to the Free Plan. We may change the features or usage limits of the Free Plan, or discontinue it, on at least thirty (30) days’ notice to you by email or in-product notice. If we discontinue it, we will not convert your account to a Paid Plan or charge you without your express agreement, and you will have at least thirty (30) days from the notice to export your Content under Section 13.
• No service commitments. The Free Plan is provided without any availability, support, or service-level commitment, and we may suspend or terminate a Free Plan account at any time under Section 14. Sections 16 and 17 apply to it in full.

5.2 Paid Plans and Automatic Renewal

Paid Plans are billed in advance for the Subscription Term you select. Payments are processed by Stripe, Inc., a third-party payment processor. Card and bank account details are collected and stored by Stripe, not by us. You agree to provide current, complete, and accurate purchase and account information and to keep it up to date.

Your subscription renews automatically. Unless you cancel before the end of the current Subscription Term, your subscription renews for a further term of the same length, and you authorize us to charge your payment method the then-current fee for that term without further approval from you. Renewal continues until you cancel. You can cancel at any time under Section 6, including through the "Manage Subscription" option in your account. For annual subscriptions, we will send a renewal reminder by email between fifteen (15) and forty-five (45) days before the renewal date, stating the renewal date, the amount that will be charged, and how to cancel.

Disputes and chargebacks. You agree to contact us at info@evidano.com within fifteen (15) days of a charge to resolve any billing issues before initiating a bank chargeback. If you initiate a chargeback, we reserve the right to suspend your account immediately and hold you responsible for the disputed amount plus any chargeback fees issued by our payment processor.

Failed payments. If a payment fails, we may retry it, and we may suspend access to Paid Plan features until payment succeeds. Amounts that remain unpaid after thirty (30) days may be treated as a material breach under Section 14.

5.3 Price Changes

We may change our fees. Any change to the fee for your plan takes effect at the start of your next Subscription Term, and we will give you at least thirty (30) days’ notice by email before it applies to you. If you do not accept the new fee, you may cancel under Section 6 before the change takes effect. Continuing to use a Paid Plan after the new fee takes effect is acceptance of it. We may correct pricing errors, including after an order has been placed, and will give you the choice of confirming at the corrected price or cancelling for a full refund of that charge.

5.4 Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, value added (VAT), goods and services (GST), and similar taxes and duties imposed on your purchase, other than taxes based on our net income. Where we are required to collect such taxes, they will be added to your invoice. Business customers in the European Union and the United Kingdom may provide a valid VAT registration number, in which case the reverse charge may apply. If you are required to withhold any tax from a payment, you will gross up the payment so that we receive the full amount invoiced.

5.5 Currency

Unless we state otherwise at checkout, all fees are quoted and payable in United States dollars. Any conversion, cross-border, or foreign transaction fee charged by your bank or card issuer is your responsibility.

6. Cancellation, Refunds, and Withdrawal Rights

6.1 How to Cancel

You may cancel a Paid Plan at any time by signing in to the Service and using the "Manage Subscription" option. Cancellation is effective at the end of your current Subscription Term. You keep access to Paid Plan features until then, and you will not be charged again.

6.2 Refunds

Except as set out in Sections 5.3, 6.3, 6.4, 15, and 20, or where applicable law requires otherwise, fees already paid are non-refundable, and we do not provide refunds or credits for partial Subscription Terms, unused capacity, or periods during which you did not use the Service. If you believe you have been charged in error, or you are dissatisfied with the Service, contact us at info@evidano.com and we will review your situation in good faith.

6.3 Right of Withdrawal (EEA and United Kingdom Consumers)

If you are a consumer resident in the European Economic Area or the United Kingdom, you have the right to withdraw from your purchase within fourteen (14) days of entering into it, without giving a reason. To exercise it, tell us by emailing info@evidano.com before the period expires, and we will refund the amount you paid within fourteen (14) days using the same payment method.

By starting to use a Paid Plan during the withdrawal period, you expressly request that we begin supplying the Service immediately and acknowledge that you lose the right of withdrawal once the Service has been fully supplied. If you withdraw after use has begun but before full supply, you must pay an amount proportionate to what you have used.

6.4 Termination by Us Without Cause

If we terminate or discontinue your Paid Plan for a reason other than your breach of these Terms, we will refund the portion of prepaid fees covering the remainder of your Subscription Term.

7. Your Content

7.1 You Own Your Content

As between you and us, you own your Input. We assign to you all our right, title, and interest (if any) in the Output, and you may use it for any lawful purpose, including commercial purposes such as publication or sale. We claim no ownership of it. You acknowledge that due to the nature of machine learning, Output may not be subject to copyright or other intellectual property protection.

7.2 The Licence You Grant Us

To operate the Service, we need your permission to handle your Content. You grant us a worldwide, non-exclusive, royalty-free, fully paid licence to host, store, copy, transmit, reformat, index, display, and otherwise process your Content, and to create Output from it, solely to:

• provide, maintain, secure, and support the Service for you;
• perform the specific analysis, transcription, translation, or other processing you request;
• comply with our legal obligations and enforce these Terms.

This licence is limited to those purposes, lasts only as long as we hold your Content, and ends when your Content is deleted under Section 13. It does not permit us to use your Content for any other purpose, and in particular it does not permit the uses ruled out in Section 7.3.

7.3 No Training on Your Content

We will not use your Content — Input or Output — to train, retrain, fine-tune, or otherwise improve our AI models. Content is used solely to provide the Service to you. We operate our own AI models on Microsoft Azure infrastructure; we do not send your Content to OpenAI, Anthropic, or any other general-purpose AI provider. Our sub-processors are described in our Privacy Policy.

7.4 Confidentiality

We treat your Content as confidential. Our personnel do not access the contents of your Content except (a) when you request support and share it with us, or (b) when required by applicable law or valid legal process. All personnel are bound by written confidentiality obligations. Section 7.1 of our Privacy Policy sets out the same exceptions in more detail.

7.5 Accuracy of Output

Given the probabilistic nature of machine learning, use of the Service may in some situations result in Output that is incorrect or that does not accurately reflect real people, places, or facts. Output is not professional, legal, medical, financial, or research advice. You are responsible for evaluating the accuracy and suitability of any Output for your use case, including by human review, before relying on it, publishing it, or making any decision based on it. You specifically indemnify us under Section 18 for any claims arising from your use of Output to make medical, legal, financial, or other professional decisions.

7.6 Your Responsibilities for Content

You represent and warrant that, for all Content you submit:

• you own it or have all rights, consents, licences, and permissions necessary to submit it to the Service and to have it processed as described in these Terms;
• where it contains personal information about other people — interview participants, survey respondents, patients, employees — you have a lawful basis for collecting and processing it, and have given those people any notice and obtained any consent that applies;
• your Content does not contain personal information of children under thirteen (13) (or sixteen (16) in the European Economic Area) without verifiable parental consent;
• submitting it does not infringe any third party’s intellectual property, privacy, publicity, or other rights, and does not breach any confidentiality obligation, research ethics approval, institutional review board condition, or applicable law.

You are responsible for your Content and for your use of Output, including for ensuring that any onward publication or disclosure complies with the terms on which you collected the underlying data.

8. Our Intellectual Property and Your Licence to Use the Service

We own or licence all intellectual property rights in the Service, including its source code, databases, functionality, software, models, model weights, website design, text, graphics, and the "Evidano" and "AILYZE" names, logos, and trademarks. These are protected by copyright, trademark, and other laws. Nothing in these Terms transfers any of those rights to you.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business, academic, or research purposes for as long as your account is active.

You may not: (a) copy, modify, or create derivative works of the Service; (b) reverse-engineer, decompile, or disassemble it, or attempt to derive its source code, models, or model weights, except to the extent applicable law prohibits that restriction; (c) rent, lease, sublicense, resell, or provide the Service as a service bureau to a third party; (d) use it to build or train a competing product, model, or service, or copy any features, functions, or graphics of the Service; or (e) remove or obscure any proprietary notice.

9. Feedback

If you send us suggestions, ideas, or other feedback about the Service, you agree we may use and share it for any purpose without restriction, attribution, or compensation to you. We do not claim ownership of anything else you send us, and feedback should not include your confidential information or personal information about anyone else.

10. Acceptable Use

You may not access or use the Service for any purpose other than that for which we make the Service available. In particular, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile a collection, compilation, database, or directory, other than your own Content.
• Trick, defraud, or mislead us or other users, including any attempt to learn sensitive account information.
• Circumvent, disable, or otherwise interfere with security-related features of the Service, or attempt to probe, scan, or test its vulnerability without our written permission.
• Use information obtained from the Service to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Service in a manner inconsistent with any applicable law or regulation, or in breach of any consent, ethics approval, or confidentiality obligation covering your data.
• Engage in unauthorized framing of, or linking to, the Service.
• Upload or transmit viruses, Trojan horses, or other malicious code, or material that acts as a passive or active data collection mechanism.
• Engage in any automated use of the system, such as scripts, scrapers, or data-mining tools, except as expressly permitted or through an interface we document for that purpose.
• Delete any copyright or other proprietary rights notice from any content.
• Attempt to impersonate another user or person, or misrepresent your affiliation.
• Interfere with, disrupt, or place an undue burden on the Service or its infrastructure, or exceed the usage limits of your plan by technical means.
• Harass, intimidate, or threaten any of our employees or agents.
• Reverse-engineer, decompile, or disassemble the Service, or use it to develop a substantially similar or competing product or model.
• Generate or distribute Output you know to be misleading, or present Output as human-authored analysis where doing so would breach a publisher’s, funder’s, or institution’s disclosure requirements.

Even on Paid Plans, we reserve the right to throttle, suspend, or require an upgrade for usage that significantly exceeds the average usage of typical customers on the same plan. We may investigate suspected breaches of this Section and take appropriate action, including the measures in Section 14 and referral to law enforcement.

11. Third-Party Services and Integrations

The Service lets you connect optional third-party services — for example Dropbox, Microsoft OneDrive, Google Drive, Google Forms, Google Meet, and Zoom — to import content. Those services are not part of the Service, we do not control them, and your use of them is governed by their own terms and privacy policies. We access only the items you select and only after you authorize the connection. We are not responsible for a third-party service’s availability, accuracy, or handling of your data, and you may disconnect any integration at any time.

12. Data Protection, DPA, and BAA

Our Privacy Policy explains how we handle personal information and is incorporated into these Terms by reference. Where your Content contains personal data and you are subject to the GDPR, the UK GDPR, the CCPA/CPRA, or another law requiring written terms with a processor or service provider, a Data Processing Agreement is available on request from info@evidano.com. A Business Associate Agreement for HIPAA-covered customers is available on the same basis; see Section 3.1. Where an executed DPA or BAA conflicts with these Terms, that agreement governs for the processing it covers.

In relation to your Content, you are the controller and we are the processor. We process your Content only on your documented instructions, which are given through your configuration and use of the Service and through any executed DPA.

You authorize us to use sub-processors to deliver the Service. A list of current sub-processors is available in our Privacy Policy. We will provide notice of new sub-processors via email or in-app notification.

13. Data Export and Deletion

You may export your Content at any time through the export tools in the Service. Export tools are provided "as-is" and we are not obligated to format or convert your data for third-party systems.

You may delete your Content at any time from within the Service. When you delete it, we remove it from our production systems and from our backups within thirty-five (35) days, and it cannot be recovered afterwards. Section 8 of our Privacy Policy describes the narrow legal retention exceptions that apply.

After termination. Unless we have terminated your account for a material breach that makes immediate deletion necessary, we will keep your Content available for export for thirty (30) days after termination, and will then delete it on the basis described above.

14. Suspension and Termination

14.1 By You

You may cancel a Paid Plan subscription at any time from within the Service using the "Manage Subscription" option, as described in Section 6.1. You may delete your account entirely from within the Service at any time, on a Free Plan or a Paid Plan. Deleting your account deletes your Content as described in Section 13.

14.2 By Us

We may suspend or terminate your access to the Service, in whole or in part, if:

• you materially breach these Terms, including Section 10, and do not cure the breach within ten (10) days of our notice, where the breach is capable of cure;
• your use poses a security, legal, or operational risk to the Service, to us, or to another user, in which case we may suspend immediately and without notice for as long as the risk persists;
• payment for a Paid Plan remains unpaid more than thirty (30) days after it is due;
• we are required to do so by law or by a governmental authority; or
• you are on a Free Plan, in which case we may terminate on thirty (30) days’ notice for any reason.

Where we suspend rather than terminate, we will restore access once the cause is resolved. We will give you notice of a suspension or termination as soon as we reasonably can, unless the law prevents us.

14.3 Effect of Termination

On termination, your licence to use the Service ends and your access stops. You remain responsible for fees accrued before termination. Refunds are governed by Section 6. Your Content is handled as described in Section 13. If we terminate your account for breach, you may not register a new account without our written permission.

14.4 Survival

Sections 2 (Definitions), 5.4 (Taxes), 6 (Cancellation, Refunds, and Withdrawal Rights), 7.1 (You Own Your Content), 7.3 (No Training on Your Content), 7.4 (Confidentiality), 7.5 (Accuracy of Output), 7.6 (Your Responsibilities for Content), 8 (Our Intellectual Property and Your Licence to Use the Service), 9 (Feedback), 12 (Data Protection, DPA, and BAA), 13 (Data Export and Deletion), 14.3 (Effect of Termination), 14.4 (Survival), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19 (Governing Law and Dispute Resolution), and 23 (General Provisions) survive termination of these Terms, together with any other provision that by its nature should survive. Section 7.4 survives for as long as we hold your Content and for three (3) years afterwards.

15. Changes to the Service

We may change, improve, or discontinue features of the Service. We will not make a change that materially degrades the core functionality of a Paid Plan during a Subscription Term you have already paid for without giving you at least thirty (30) days’ notice and, if you do not accept the change, a prorated refund of the remainder of that term. We may make changes needed for security, legal compliance, or to address an urgent operational problem immediately.

We do not guarantee that the Service will be available at all times. It may be interrupted for maintenance, upgrades, or causes beyond our control. Unless we have agreed a separate service-level agreement with you in writing, we make no uptime commitment.

Beta features. We may offer features designated as "Beta" or "Early Access." These features are provided "as-is" without warranties of any kind, may contain bugs, and we may discontinue them at any time without liability.

16. Disclaimer of Warranties

The Service is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that Output will be accurate, complete, reliable, or suitable for your purpose. You assume responsibility for your use of Output, including any decision, publication, or submission based on it.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above may not apply to you, and you may have additional rights. Nothing in these Terms excludes or limits rights you have as a consumer that cannot be excluded or limited under the law of your country of residence.

17. Limitation of Liability

To the maximum extent permitted by applicable law, neither party nor its directors, officers, employees, or agents will be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages, or for lost profits, lost revenue, lost business, loss of goodwill, or loss or corruption of data, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages and regardless of the theory of liability.

To the maximum extent permitted by applicable law, each party’s total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount you paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (US$100).

Exceptions. The limitations in this Section do not apply to: (a) your obligation to pay fees due; (b) your indemnification obligations under Section 18; (c) either party’s fraud, gross negligence, or wilful misconduct; (d) death or personal injury caused by a party’s negligence; (e) your breach of Section 8 or Section 10; or (f) any liability that cannot be limited or excluded under applicable law.

Allocation of risk. You acknowledge that the fees for the Service reflect this allocation of risk and that we would not provide the Service on these terms without it. Some jurisdictions do not allow certain limitations of liability, so some or all of the above may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless AILYZE and its affiliates, officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable legal fees, made by a third party arising out of or relating to: (a) your Content, including any claim that it infringes a third party’s rights or was collected or processed without a lawful basis or required consent; (b) your use of the Service; (c) your breach of these Terms or of your representations and warranties in Section 7.6; or (d) your violation of applicable law or of the rights of a third party.

If we seek indemnity from you, we will promptly notify you of the claim, give you sole control of the defence and settlement, and provide reasonable cooperation at your expense. You may not settle a claim in a way that imposes a non-monetary obligation or admits fault on us without our written consent.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. This choice of law does not deprive a consumer of the protection of mandatory provisions of the law of their country of residence.

19.2 Informal Resolution First

Before starting arbitration or litigation, you and we agree to try to resolve any dispute informally for at least thirty (30) days, beginning when one party sends the other written notice describing the dispute and the relief sought. Send yours to info@evidano.com. Most disputes are resolved at this stage.

19.3 Binding Arbitration

If informal resolution fails, you and we agree that any dispute will be resolved by binding individual arbitration rather than in court. You understand that without this provision you would have the right to sue in court and to a trial by jury, and you waive those rights.

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where you are a consumer, its Supplementary Procedures for Consumer Related Disputes, which also govern the allocation of filing fees and arbitrator compensation. The arbitration will take place in Boston, Massachusetts, or, at your election if you are a consumer, in the county where you reside, by telephone, by video, or on written submissions. The arbitrator must follow applicable law and will issue a written decision. Judgment on the award may be entered in any court of competent jurisdiction. Either party may go to court to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, or vacate an award.

To increase the efficiency of administration and resolution of arbitrations, if twenty-five (25) or more similar arbitration demands are presented by or with the assistance or coordination of the same law firm or organization, the AAA shall administer them in batches of fifty (50) demands each (or, if fewer than fifty (50), a final batch consisting of the remaining demands), and resolve each batch as a single consolidated proceeding with one set of filing and administrative fees due per side per batch.

19.4 Class Action Waiver

Any arbitration will be limited to the dispute between you and us individually. To the fullest extent permitted by law, no arbitration will be joined with any other proceeding, there is no right or authority for any dispute to be arbitrated on a class-action basis or using class-action procedures, and there is no right or authority for any dispute to be brought in a representative capacity on behalf of the general public or any other person.

If this Section 19.4 is found unenforceable as to a particular claim, that claim will be severed from the arbitration and brought in the courts identified in Section 19.5, and the rest of this Section 19 will continue to apply.

19.5 Exceptions

Sections 19.2 to 19.4 do not apply to: (a) an individual claim brought in small-claims court that qualifies for that court’s jurisdiction; (b) a claim seeking to enforce or protect, or concerning the validity of, either party’s intellectual property rights; or (c) a request for injunctive or other equitable relief to prevent unauthorized access to, or misuse of, the Service. Those claims may be brought in the state or federal courts located in Boston, Massachusetts, and both parties consent to the exclusive personal jurisdiction and venue of those courts.

19.6 Your Right to Opt Out of Arbitration

You may opt out of Sections 19.3 and 19.4 by emailing info@evidano.com with the subject line "Arbitration Opt-Out" within thirty (30) days of the date you first accept these Terms, stating your name and the email address on your account. Opting out affects nothing else in these Terms, and we will not treat it as a reason to terminate your account.

19.7 Time Limit on Claims

To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action arose, or it is permanently barred.

19.8 Consumers Outside the United States

If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction whose law does not permit pre-dispute arbitration agreements or the class-action waiver above, Sections 19.3 and 19.4 do not apply to you. You may bring proceedings in the courts of your country of residence, and nothing in these Terms deprives you of the protection of that country’s mandatory consumer law. Consumers in the European Economic Area and the United Kingdom may also refer a dispute to a national consumer alternative dispute resolution body where one is available, and to their national or European Consumer Centre.

20. Changes to These Terms

We may modify these Terms from time to time. If we make a material change, we will update the "Effective Date" at the top of this page and notify you by email or through a notice in the Service at least thirty (30) days before the change takes effect, unless the change must take effect sooner to comply with law or to address a security issue.

Your continued use of the Service after the change takes effect is acceptance of the revised Terms. If you do not accept them, you must stop using the Service before that date; if you are on a Paid Plan, you may cancel and we will refund the portion of prepaid fees covering the remainder of your Subscription Term. A change to these Terms does not apply retroactively to a dispute that arose before it took effect.

21. Copyright Complaints

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), we have designated a Copyright Agent. If you believe material on the Service infringes a copyright you own or control, send a notice to our Copyright Agent at info@evidano.com or by mail to the address in Section 24, including: your contact details; identification of the copyrighted work; the material you say is infringing and where it is located; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. You may be liable for damages if you knowingly misrepresent that material is infringing. We may remove material and terminate the accounts of repeat infringers.

22. California Residents

If a complaint is not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

23. General Provisions

• Entire agreement. These Terms, together with the documents listed in Section 1, are the entire agreement between you and us about the Service and supersede all prior understandings on that subject.
• Severability. If a provision is held unlawful, void, or unenforceable, it is severed and the rest of these Terms remain in effect.
• No waiver. Our failure to enforce a right or provision is not a waiver of it.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.
• Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, other than an obligation to pay money.
• No agency. These Terms do not create a joint venture, partnership, employment, or agency relationship.
• Notices. We may give you notice by email to the address on your account or by a notice in the Service; you are responsible for keeping that address current. Send notices to us at info@evidano.com, with a copy to the postal address in Section 24.
• Electronic communications. You consent to receive communications from us electronically and agree that electronic agreements, notices, and records satisfy any legal requirement that they be in writing.
• Export compliance. You may not use or export the Service in violation of United States export laws, and you represent that you are not located in, or a resident of, a country or on a list subject to United States embargo or sanctions.
• Interpretation. These Terms will not be construed against us merely because we drafted them. Headings are for convenience only. "Including" means "including without limitation".
• Third parties. These Terms confer no rights on anyone other than you and us.

24. Contact Us

For questions about these Terms or to resolve a complaint about the Service, please contact us: