Terms &
Conditions

Effective Date: March 9, 2023

Please read these Terms and Conditions (“Terms”) carefully before accessing or using the website and services provided by Evothink (“Company,” “we,” “our,” or “us”). By accessing or using our website or services, you agree to be bound by these Terms.

General

1.1 Acceptance: By accessing or using our website or services, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use our website or services.

1.2 Modifications: We reserve the right to modify, update, or replace these Terms at any time, and any changes will be effective immediately upon posting the revised Terms on our website. It is your responsibility to review the Terms periodically. Your continued use of our website or services after any modifications to the Terms constitutes acceptance of those changes.

Use of Our Website and Services

2.1 Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction to access or use our website or services. By accessing or using our website or services, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration: In order to access certain features or services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.

2.3 Prohibited Conduct: You agree not to engage in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable. You also agree not to use our website or services in a manner that could disable, overburden, or impair the proper functioning of our website or services.

Intellectual Property

3.1 Ownership: All content, materials, and information available on our website or provided through our services, including but not limited to text, graphics, logos, images, audio clips, and software, are owned by or licensed to the Company and are protected by intellectual property laws.

3.2 Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content or materials from our website or services without our prior written permission.

Third-Party Links and Content

4.1 Our website or services may contain links to third-party websites or resources. We provide these links for your convenience only and do not endorse or control the content, products, services, or practices of any third-party websites.

4.2 Any use of third-party websites or resources is at your own risk, and you acknowledge and agree that we are not responsible or liable for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, products, services, or practices available on or through third-party websites or resources.

Disclaimer of Warranties

5.1 Our website and services are provided on an “as is” and “as available” basis without warranties of any

kind, either express or implied. We do not warrant that our website or services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

5.2 We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Limitation of Liability

6.1 To the fullest extent permitted by applicable law, in no event shall the Company or its directors, officers, employees, or affiliates be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages.

6.2 In no event shall the Company’s total liability to you for all claims arising out of or in connection with these Terms or your use of our website or services exceed the amount paid by you, if any, to the Company during the six (6) months prior to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its directors, officers, employees, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our website or services.

Governing Law and Dispute Resolution

8.1 These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws principles.

8.2 Any disputes arising out of or in connection with these Terms shall be exclusively resolved by the state or federal courts located within the jurisdiction of the United States.

Miscellaneous

9.1 Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of our website and services and supersede any prior or contemporaneous agreements, understandings, or representations.

9.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9.3 Waiver: The failure of the Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

9.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company.

9.5 Amendments: The Company reserves the right to modify or amend these Terms at any time. The updated Terms will be posted on our website, and it is your responsibility to review them periodically.

Contact Us

If you have any questions or concerns about these Terms, please contact us at info@evothink.com

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