These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and EvolvArts, Inc., a Washington corporation ("EvolvArts," "Company," "we," "us," or "our"). These Terms govern your access to and use of the EvolvArts website located at https://evolvarts.com (the "Site"), and all related software applications, application programming interfaces, tools, features, and services (collectively, the "Services"), including without limitation our customer relationship management platform, ticketing systems, fundraising and donation processing, marketing tools, class and event management, analytics, and point-of-sale services.
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
1. Eligibility
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to enter into these Terms and use the Services. If you are between the ages of thirteen (13) and eighteen (18), you may use the Services only with the prior consent and direct supervision of a parent or legal guardian who has read and agreed to these Terms. We do not knowingly permit children under the age of thirteen (13) to create accounts or use the Services.
By using the Services, you represent and warrant that: (a) you have the legal capacity and authority to enter into a binding agreement; (b) you are not a person barred from using the Services under the laws of the United States or any other applicable jurisdiction; and (c) your use of the Services will not violate any applicable law or regulation.
The Services are intended for use by individuals and entities located within the United States. By accessing the Services, you represent and warrant that you are located within the United States. We reserve the right, in our sole discretion, to restrict, suspend, or terminate access to the Services for any user determined to be accessing the Services from outside the United States.
2. Account Registration and Security
To access certain features of the Services, you may be required to create an account. When you create an account, you agree to: (a) provide accurate, current, and complete information as prompted by the registration process; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) maintain the confidentiality of your account credentials, including your password; and (d) accept responsibility for all activities that occur under your account.
You agree to notify us immediately at support@evolvarts.com of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
We reserve the right to disable any account at any time if, in our sole discretion, we determine that you have violated any provision of these Terms, or if any information provided during registration or thereafter proves to be inaccurate, outdated, or incomplete.
3. Subscription Plans, Fees, and Payment
3.1 Subscription Plans
Certain features of the Services are available only through paid subscription plans. Details regarding the scope, features, and pricing of each subscription plan are set forth on our pricing page or in a separate order form or service agreement executed between you and EvolvArts (an "Order Form"). In the event of a conflict between these Terms and an Order Form, the Order Form shall control with respect to the subject matter thereof.
3.2 Fees and Billing
You agree to pay all fees associated with your selected subscription plan in accordance with the billing terms in effect at the time the fee is due. All fees are quoted and payable in United States Dollars (USD). Unless otherwise stated in an Order Form, subscription fees are billed in advance on a recurring basis (monthly or annually, as applicable) and are non-refundable except as expressly set forth herein or as required by applicable law.
3.3 Payment Processing
Payment processing services are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Agreements"). By agreeing to these Terms, you also agree to be bound by the Stripe Agreements as they may be modified by Stripe from time to time. We are not responsible for the performance or security of the Stripe payment processing services.
3.4 Taxes
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, and you are responsible for all such taxes, levies, or duties, excluding only taxes based on EvolvArts' net income.
3.5 Price Changes
We reserve the right to modify our pricing at any time. Any price changes will take effect at the start of the next billing cycle following notice to you. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the modified fee.
4. License Grant and Restrictions
4.1 Limited License
Subject to your compliance with these Terms and payment of all applicable fees, EvolvArts hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the applicable subscription term.
4.2 Restrictions
Except as expressly permitted under these Terms, you agree not to, and shall not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works based on the Services or any underlying technology;
- Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, object code, or underlying structure, ideas, know-how, or algorithms of the Services;
- Rent, lease, loan, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Services available to any third party;
- Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Services;
- Use the Services to build a competitive product or service, or to benchmark the Services against a competing product or service;
- Use any robot, spider, crawler, scraper, or other automated means to access the Services for any purpose without our express written consent;
- Interfere with or disrupt the integrity, security, or performance of the Services or any data contained therein;
- Transmit any viruses, worms, malware, Trojan horses, or other harmful or destructive code;
- Use the Services to send unsolicited commercial communications ("spam") or in violation of the CAN-SPAM Act or similar legislation;
- Harvest, collect, or gather user data without the express consent of the applicable data subject; or
- Use the Services in any manner that violates any applicable federal, state, local, or international law, rule, or regulation.
5. Intellectual Property Rights
5.1 EvolvArts Intellectual Property
The Services, including all content, features, functionality, and underlying technology (including, without limitation, all software, algorithms, user interfaces, text, graphics, logos, icons, images, audio clips, video clips, data compilations, and the design, selection, and arrangement thereof), are owned by EvolvArts, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any right, title, or interest in or to the Services or any content therein, except for the limited license expressly granted in Section 4.1.
5.2 Trademarks
"EvolvArts," the EvolvArts logo, and all related names, logos, product and service names, designs, and slogans are trademarks of EvolvArts or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
5.3 Feedback
If you provide any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), you hereby assign to EvolvArts all right, title, and interest in and to such Feedback, and EvolvArts shall be free to use, disclose, reproduce, license, or otherwise exploit such Feedback without restriction or obligation of any kind to you.
6. User Content and Data
6.1 Your Content
You retain all ownership rights in any data, information, text, graphics, or other materials you upload, submit, post, or transmit through the Services ("User Content"). By submitting User Content, you grant EvolvArts a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your User Content solely to the extent necessary to provide and improve the Services.
6.2 Representations Regarding User Content
You represent and warrant that: (a) you own or have the necessary rights, licenses, consents, and permissions to submit your User Content and to grant the license set forth above; (b) your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity or privacy, or any other proprietary right; and (c) your User Content does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable.
6.3 Content Removal
We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our sole discretion, including User Content that we determine violates these Terms, is otherwise objectionable, or may expose EvolvArts to liability.
6.4 Data Processing
To the extent that you submit personal data of your end users, customers, patrons, or other individuals through the Services, you acknowledge that EvolvArts processes such data on your behalf as a data processor (or service provider, as applicable). You are solely responsible for ensuring that your collection, use, and sharing of such personal data through the Services complies with all applicable data protection laws. You shall obtain all necessary consents and provide all necessary notices to individuals whose data you submit to the Services.
7. Third-Party Services and Links
The Services may contain links to, or integrations with, third-party websites, services, or resources ("Third-Party Services"), including without limitation payment processors, analytics providers, and marketing platforms. Such Third-Party Services are not under EvolvArts' control, and we are not responsible or liable for the availability, accuracy, content, products, or services of or available through any Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the terms and conditions and privacy policies of those Third-Party Services.
The inclusion of any link or integration does not imply endorsement, approval, or affiliation by EvolvArts with the linked Third-Party Service or its operator.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVOLVARTS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, EVOLVARTS MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR (E) THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, the foregoing exclusions shall apply to the greatest extent permitted by applicable law.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVOLVARTS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL EVOLVARTS' AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO EVOLVARTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
The limitations of liability set forth above are fundamental elements of the basis of the bargain between EvolvArts and you. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless EvolvArts and its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use or misuse of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law, rule, or regulation; or (e) your violation of any rights of a third party. EvolvArts reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
11. Dispute Resolution and Arbitration
11.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@evolvarts.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. If the dispute is not resolved within that period, either party may proceed as set forth below.
11.2 Binding Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be King County, Washington. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
11.3 Class Action Waiver
YOU AND EVOLVARTS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and EvolvArts agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding.
11.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us at support@evolvarts.com. Termination of your account will not entitle you to a refund of any prepaid fees, except as expressly provided in an applicable Order Form or as required by law.
12.2 Termination by EvolvArts
We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including without limitation if we reasonably believe that: (a) you have violated these Terms; (b) you create risk or legal exposure for us; or (c) your account should be removed due to prolonged inactivity. We will make commercially reasonable efforts to notify you of any such suspension or termination via the email address associated with your account.
12.3 Effect of Termination
Upon termination: (a) all rights and licenses granted to you under these Terms shall immediately cease; (b) you must immediately cease all use of the Services; and (c) you acknowledge and agree that we may delete your account and all associated User Content at any time after termination. Sections 5, 6.1, 8, 9, 10, 11, 12.3, 13, 14, and 15 shall survive any termination or expiration of these Terms.
13. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Washington, United States of America, without giving effect to any choice or conflict of law provision or rule. To the extent that any legal action is permitted hereunder (including actions for injunctive relief as set forth in Section 11.4), such action shall be brought exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of such courts.
14. Modifications to Terms
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes to these Terms, we will provide notice by posting the updated Terms on the Site and updating the "Last Updated" date above. We may also, in our discretion, provide additional notice via email or through the Services. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.
15. General Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and EvolvArts with respect to the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Services.
15.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
15.3 Waiver
No waiver by EvolvArts of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of EvolvArts to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without EvolvArts' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. EvolvArts may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
15.5 Force Majeure
EvolvArts shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, or failures of telecommunications or internet infrastructure.
15.6 Notices
All notices required or permitted under these Terms shall be in writing. Notices to EvolvArts shall be sent to support@evolvarts.com. Notices to you shall be sent to the email address associated with your account and shall be deemed received when sent.
16. Contact Information
If you have any questions, concerns, or requests regarding these Terms, please contact us at:
