Welcome to Evolved Office LLC (“we,” “us,” or “our”). By accessing or using any of the services offered by Evolved Office LLC (“Services”), including but not limited to ready-to-go content, email marketing, social media management, website design and management, instantly shareable video, marketing journeys, reporting integrations, and other related services, you (“Client,” “you,” or “your”) agree to be bound by the following terms and conditions (“Terms”). These Terms govern your use of our website, Services, and any related materials provided by Evolved Office LLC. If you do not agree with any part of these Terms, you must not use our Services.

1. Acceptance of Terms

By accessing and using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional policies or guidelines incorporated by reference. If you do not agree to these Terms, you must immediately discontinue using our Services.

2. Modifications to Terms

Evolved Office LLC reserves the right to update or modify these Terms at any time. Any such changes will be posted on this page with an updated “Effective Date” below. It is your responsibility to review these Terms periodically for changes. Continued use of our Services after such changes constitutes your acceptance of the updated Terms.

3. Services Provided

Evolved Office LLC provides a comprehensive range of digital marketing and business services, including but not limited to:

• Ready-to-go content creation
• Email marketing campaigns and management
• Social media management and content strategy
• Website design and management
• Instantly shareable video content
• Marketing automation journeys
• Reporting integrations and analytics

All Services are subject to availability and may be modified or discontinued at our discretion.

4. Client Responsibilities

As a client, you agree to:

• Provide accurate, complete, and up-to-date information necessary for the provision of Services.
• Ensure that you have the necessary rights to any content you provide to Evolved Office LLC, including text, images, videos, and logos.
• Not send spam.
• Use our Services only for lawful purposes and in compliance with all applicable laws, regulations, and third-party agreements.
• Not engage in any activity that could harm, disrupt, or interfere with the Services, our website, or any third-party systems.
• Comply with our Acceptable Use Policy, which is part of these Terms.

5. Account Creation and Security

Certain Services may require you to create an account with us. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You agree to notify us immediately if you believe your account has been compromised or accessed without your authorization.

6. Payment Terms

 All Services provided by Evolved Office LLC are subject to fees. By signing up for our Services, you agree to pay the applicable fees for the selected services, as outlined in the specific service agreement or on our website. Payments are due in accordance with the payment schedule provided and must be made in full. Evolved Office LLC reserves the right to suspend or terminate Services if payment is not received.

6.1. Debit and Credit Cards

As long as you are a User/Member with an active Service or Website plan (each, a “Monthly Plan”), or any other paid features of the Service, or if you have an outstanding balance with Evolved Office LLC, you agree to provide valid debit or credit card (“card”) information. You authorize Evolved Office LLC, or the relevant payment processor, to charge your card for the applicable fees and any associated charges related to your use of the Service.

• Card Updates: You are responsible for ensuring that the card information in your account is up to date. If your card expires or is replaced by your payment processor, you acknowledge and agree that Evolved Office LLC is authorized to charge the new card associated with your account for any outstanding charges.
• Card Authorization: By using a card, you represent and warrant that you are authorized to use that card, and that all charges for the Services may be billed to that card without rejection.
• Failed Payments: If Evolved Office LLC is unable to process your payment due to issues with your card, we will attempt to contact you via email. If payment cannot be processed, your account may be suspended until payment is successfully processed.

6.2. Refunds

• No Automatic Refunds: You are not entitled to a refund or credit under any circumstances. However, Evolved Office LLC may, at its sole discretion, offer a refund, discount, or credit if deemed appropriate.

6.3. Charges for Add-Ons

• Additional Charges: If you use any paid Add-ons, you will be billed for those charges on a recurring basis, in accordance with your billing cycle, as long as the Add-on remains active.
• Billing Cycle for Add-ons: The billing cycle for an Add-on may differ from your Monthly Plan or other Service charges, and certain Add-ons may require an upfront payment for their entire billing cycle.

6.4.  Billing Changes and Taxes

• Fee Changes: Evolved Office LLC reserves the right to change its fees at any time. Any changes to the pricing structure for Monthly Plans or other features will be posted on our website or sent to you via email. New pricing will take effect immediately upon posting or notification.
• Taxes: All quoted fees and charges are exclusive of any taxes. You are responsible for any applicable taxes, which may include, but are not limited to, sales tax, value-added tax (VAT), goods and services tax (GST), duties, levies, or other similar taxes imposed by any jurisdiction.
  • If any amount payable by you is subject to taxes, Evolved Office LLC will collect the full amount of those taxes from you, and such collection will not reduce or affect the amount payable for the Services.
  • You agree to reimburse and indemnify Evolved Office LLC for any taxes, penalties, or interest related to your failure to pay applicable taxes.
  • If you are subject to withholding taxes or similar levies, you are responsible for ensuring that the full amount owed to Evolved Office LLC is paid, and the taxes are your responsibility to handle.

By continuing to use the Services, you acknowledge and agree to these billing and payment terms, including your responsibility for any applicable taxes and fees.

7. Privacy and Data Protection

Your privacy is important to us. By using our Services, you consent to the collection and use of your data in accordance with our Privacy Policy. You agree to provide accurate personal and business information necessary for the provision of our Services and understand that any data we collect may be used to deliver, improve, and personalize the Services.

8. Intellectual Property

All content, materials, and intellectual property provided by Evolved Office LLC, including but not limited to designs, text, logos, videos, templates, and software, are owned by or licensed to Evolved Office LLC and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the materials and services solely for their intended purpose. You may not copy, reproduce, distribute, or create derivative works of any content without prior written consent from Evolved Office LLC. 

9. Third-Party Services and Integrations

Some of our Services may involve integrations with third-party platforms (such as email marketing providers, social media platforms, or analytics tools). By using these integrations, you acknowledge that you are subject to the terms and conditions of the third-party providers and agree to comply with them. Evolved Office LLC is not responsible for any issues, errors, or damages resulting from third-party services.

10. Limitation of Liability

To the fullest extent permitted by law, Evolved Office LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with the use of our Services. Our total liability for any claim relating to our Services shall not exceed the amount you paid for the specific Service at issue during the 12 months preceding the event that gave rise to the claim.

11. Force Majeure

Evolved Office LLC will not be held liable for any delays or failures in the performance of any part of the Services due to causes beyond our reasonable control. This includes, but is not limited to, events or circumstances such as:

• Acts of God (e.g., natural disasters like earthquakes, floods, hurricanes, or volcanic eruptions)
• Changes in law, regulations, or government action
• Embargoes, wars, or acts of terrorism
• Civil unrest, riots, or strikes
• Fires or other unforeseen emergencies
• Power outages or blackouts
• Internet disruptions, including acts of hackers or failures of third-party service providers
• Unusually severe weather conditions or natural disasters

In the event of a force majeure, Evolved Office LLC will make reasonable efforts to minimize any disruption to the Services. However, we shall not be held responsible for any delays or failure to perform that result from these external, uncontrollable factors.

12. Generative AI Features

Evolved Office LLC may offer or integrate certain Artificial Intelligence (AI) features as part of the Service (each, an “AI Model”), including tools designed to help you create content, optimize campaigns, analyze performance, manage contacts, and more. These AI Models are an integral part of the Service, and your use of any AI Model is considered part of your overall use of Evolved Office LLC’s offerings.

Responsibility for Inputs

You are responsible for ensuring that any content you input into the AI Model—such as text, instructions, data, or other materials (collectively, “Inputs”)—complies with these Terms of Service and is appropriate and permissible. For clarity, any Inputs you provide are considered part of your “Content” for the purposes of these Terms.

Accuracy and Reliability of Outputs

The use of the AI Model may generate content, materials, insights, metrics, visual elements, recommendations, and other outputs (collectively, “Outputs”) that may be inaccurate, incomplete, or not suitable for your intended use. Evolved Office LLC makes no representations or warranties, express or implied, that the AI Model or its Outputs are free from error or bias, nor that they will meet your expectations or business needs.

• Review of Outputs: You are solely responsible for reviewing all Outputs before using them in your campaigns, content, or any other aspect of your business. You must ensure that the Outputs are accurate, lawful, and appropriate, and that they do not harm Evolved Office LLC, its platform, or the public. You must also ensure that you have the necessary rights to use the Outputs and any associated content.
• Modification of Outputs: You are not obligated to use the Outputs as generated by the AI Model and should modify them as necessary to comply with these Terms. Additionally, you acknowledge that Outputs may not be subject to copyright protection or other intellectual property rights, and Evolved Office LLC makes no representations regarding the legal protectability of any Output.
• Disclaimer: If required, you agree to include a disclaimer in any campaigns or content developed with the AI Model, informing end users that the content may contain errors and should be independently verified.

Non-Unique Outputs

Given the nature of generative AI, Outputs generated by the AI Model may not be unique, and the AI Model may generate similar or identical Outputs for other users. Outputs generated for other users are not considered your Content.

Third-Party AI Providers

Evolved Office LLC may use third-party vendors or partners to provide AI Models, including those that generate Outputs and process Inputs and Outputs. By using the AI Model, you acknowledge and consent to the access, use, and storage of your Inputs and Outputs by these third parties, in accordance with their privacy policies and terms.

License to Evolved Office LLC

By using the AI Model, you grant Evolved Office LLC, and its agents, employees, officers, directors, affiliates, subsidiaries, and representatives, a worldwide, non-exclusive, irrevocable, transferable, royalty-free, sublicensable (through multiple tiers) license to access, use, modify, display, publicly perform, distribute, copy, create derivative works from, and process any and all Inputs and Outputs (including any intellectual property embodied therein or derived from them) for any purpose, including but not limited to the development and improvement of the AI Model and other Evolved Office LLC services, as outlined in our Privacy Policy.

Use of Customer Data for AI Model Improvement

You acknowledge and agree that Evolved Office LLC may use your Inputs and Outputs, including any Customer Data, for machine learning purposes, to improve the AI Model, Services, and similar products and features. By using the AI Model, you instruct Evolved Office LLC to process your Customer Data for such purposes. You may adjust your data preferences in your account settings at any time.

Language and Limitations

The AI Model may be available only in certain languages and may be subject to specific limitations or restrictions on usage (such as for certain customer types or business purposes). You agree to comply with these limitations and restrictions.

Modifications and Suspension of AI Model

Evolved Office LLC reserves the right to modify, suspend, discontinue, or limit access to the AI Model at any time, with or without notice. We may limit or terminate your access to the AI Model, or suspend or terminate your account entirely, if you violate these Terms or our Acceptable Use Policy. In such cases, Evolved Office LLC will not be liable for any losses or damages related to these actions.

Additionally, due to the evolving nature of artificial intelligence technology and related regulations, the availability and functionality of the AI Model may be impacted in the future.

Compliance with Acceptable Use Policy

You agree to use the AI Model and any Outputs in full compliance with these Terms and Evolved Office LLC’s Acceptable Use Policy. This includes ensuring that all AI-generated content and actions remain legal, ethical, and in line with our platform standards.

If you have questions or concerns about the AI Model or its capabilities, please contact Evolved Office LLC support for more details.

13. Termination

Evolved Office LLC reserves the right to suspend or terminate your access to our Services at any time if we believe that you have violated these Terms, engaged in unlawful activity, or otherwise disrupted our operations. You may also terminate your use of our Services by notifying us in writing, subject to any applicable cancellation policies and outstanding fees.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the state in which Evolved Office LLC is incorporated. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in the state of Florida and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

15. Indemnification

You agree to indemnify, defend, and hold harmless Evolved Office LLC, its employees, agents, and affiliates from any and all claims, damages, liabilities, costs, and expenses, including legal fees, arising out of your use of our Services or your violation of these Terms.

16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

17. Entire Agreement

These Terms, along with any applicable agreements, policies, or documentation incorporated by reference, constitute the entire agreement between you and Evolved Office LLC regarding the use of our Services.

18. Contact Information

If you have any questions or concerns about these Terms or any aspect of our Services, please contact us by email at [email protected].

 Thank you for choosing Evolved Office LLC. We look forward to partnering with you and helping you grow your business!

 Effective Date: September 15, 2024

Last Updated: September 15, 2024