Terms of Service

These Terms of Service, together with any order form or written agreement referencing them, constitute the "Agreement" between EvolveML LLC ("EvolveML," "we," "us," or "our") and the organization or individual accessing or using our software and services ("Customer," "you," or "your"). Please read these terms carefully before using our software or services.

1. Acceptance of Terms

By accessing or using EvolveML software, applications, or services, or by authorizing a connection between our software and any third-party system on your behalf, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to bind that organization, and "you" refers to that organization. If you do not agree to these terms, do not access or use the software or services.

2. Description of Services

EvolveML provides enterprise analytics and artificial intelligence software and professional services. This includes custom applications, data integration, predictive analytics, and AI-assisted workflows delivered to and for the contracting organization. The specific software, features, integrations, and services provided to you are defined in the applicable order form, statement of work, or written agreement.

We may update, improve, or modify the software and services from time to time. We will use commercially reasonable efforts to provide continuity of service and to communicate material changes that affect your use.

3. Permitted Use

Subject to this Agreement, EvolveML grants you a limited, non-exclusive, non-transferable, revocable right to access and use the software and services solely for your internal business purposes during the term of your engagement. You agree that you will not:

• Copy, modify, distribute, sell, sublicense, or lease the software or services except as expressly permitted.
• Reverse engineer, decompile, or attempt to derive source code, except to the extent permitted by applicable law.
• Access or use the software or services to build a competing product or service.
• Use the software or services in violation of any applicable law, regulation, or third-party right.
• Introduce malware, attempt to gain unauthorized access, or interfere with the integrity or performance of the software or services.

4. Intellectual Property

EvolveML and its licensors retain all right, title, and interest in and to the software, services, methodologies, frameworks, and any related intellectual property, including all improvements and derivative works, except for Customer Data and materials you provide. Nothing in this Agreement transfers ownership of EvolveML intellectual property to you.

You retain all right, title, and interest in and to your data and any materials you provide ("Customer Data"). You grant EvolveML a limited license to access and process Customer Data solely as necessary to provide the contracted software and services to you.

5. Third-Party Integrations and Connected Accounts

Our software may connect to third-party services, including accounting platforms, expense platforms, customer relationship management systems, and other business systems ("Third-Party Services"), where you authorize such a connection. When our software connects to a Third-Party Service:

• Access is granted by you and used solely to provide the contracted software and services to your organization and its authorized users.
• We access data from connected systems on behalf of, and with the authorization of, the connecting organization, and only to the extent necessary to deliver the requested functionality.
• Where the connection provides read access, data is accessed on a read-only basis. Data obtained through connected systems is not sold, not shared with unrelated third parties, and not used to train artificial intelligence models.
• Your use of any Third-Party Service is also governed by that provider's own terms and policies. EvolveML is not responsible for the availability, accuracy, or practices of Third-Party Services.
• You may revoke a connection at any time through the applicable platform or by contacting us. Revocation does not affect actions taken while the connection was active.

Our handling of data obtained through connected systems is described further in our Privacy Policy.

6. Confidentiality

Each party may receive confidential information of the other in connection with this Agreement. Each party agrees to protect the other's confidential information using at least the same degree of care it uses for its own confidential information, and to use it only as needed to perform under this Agreement. Confidential information does not include information that is publicly available, already known, independently developed, or rightfully received from a third party without restriction. These obligations survive termination.

7. Disclaimers and Warranties

The software and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, EvolveML disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. EvolveML does not warrant that the software or services will be uninterrupted, error-free, or that outputs, predictions, or analyses will be accurate or suitable for any particular decision. You are responsible for evaluating the outputs before relying on them.

8. Limitation of Liability

To the maximum extent permitted by law, EvolveML and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business, arising out of or related to this Agreement or the software or services, even if advised of the possibility of such damages. EvolveML's total aggregate liability arising out of or related to this Agreement will not exceed the amounts paid by you to EvolveML for the software and services giving rise to the claim during the twelve (12) months preceding the event giving rise to the liability.

9. Term and Termination

This Agreement applies for as long as you access or use the software or services, or as otherwise stated in your order form or written agreement. Either party may terminate the Agreement in accordance with the terms of the applicable order form, or for material breach that remains uncured after written notice. Upon termination, your right to access and use the software and services ends, and any authorized connections to Third-Party Services may be disabled. Provisions that by their nature should survive termination will survive, including intellectual property, confidentiality, disclaimers, limitation of liability, and governing law.

10. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict-of-law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Washington State for any dispute arising out of or related to this Agreement, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

11. Changes to These Terms

We may update these Terms of Service from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the software or services after an update constitutes acceptance of the revised terms.

12. Contact Us

Questions about these Terms of Service can be directed to us through our contact page.