Last update: JULY 2024.
Please read this entire document, including the dispute resolution section, before using the platform. It contains a mandatory arbitration clause and a law suite waiver that also waives your right to participate in a class action.
THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT, OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FOR Such components will be governed by their respective terms of use rather than by these terms.
ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (WHEREVER APPLICABLE) (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND EVOLVE SUITE INC. AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS, AND ASSIGNS
Evolve Suite retains the right to update these Terms at any time. All modifications go into effect immediately after they are uploaded. Your continued use of the Platform following the posting of any new Terms signifies acceptance and consent to the updated Terms.
Evolve Suite only provides the Platform for business usage, with no warranty of exclusivity. Evolve Suite's customers, users, entrepreneurs, affiliate marketers, experts, and partners are not its employees, contractors, or agents. Evolve Suite is not liable for any interactions between you and your customers, other than giving access to the Platform.
Evolve Suite is not liable for any disputes, claims, losses, injuries, or damages resulting from your interaction with your customers, including their reliance on any information or content you offer. You agree and accept that you are responsible for implementing your own terms of service to govern your interactions with your consumers.
It is recommended that you seek legal counsel from a lawyer to guarantee that your utilization of the Platform is consistent with these Terms and any relevant legislation.
1. Utilization of the Platform
1.1. Restrictions. The Platform requires that you be at least 18 years old in order to use it. By accepting these Terms, registering a Platform Account, or using the Platform, you confirm that you are at least 18 years old. It is strictly forbidden for you to make use of the Platform or the Services if you are an employee, partner, or director of one of our competitors, or if you seek to get access to the Platform in order to compete with the Platform.
1.2 Ownership of the Platform Account. Your usage of the Platform is contingent on your providing complete, current, and accurate information when registering for a Platform Account. The Platform is meant for business purposes or in conjunction with an individual's trade, craft, or profession. You, as the individual who accepts these Terms, are the owner of the Platform Account, unless you are working on behalf of a business entity, in which case the business entity is the owner.
If you accept these Terms on behalf of a business entity, you represent and warrant that you are authorized to bind the entity to these terms. If multiple parties claim to be the "owner" of a specific Platform account, Evolve Suite will consider the owner to be the person who can provide government-issued documentation demonstrating ownership (in whole or in part) of the underlying business entity for which the Platform Account was created. If Evolve Suite is unable to determine the rightful owner of the Platform Account, Evolve Suite reserves the right to suspend or terminate the Platform Account until the disputing parties reach an agreement on ownership or a court orders Evolve Suite to grant access to a specific individual.
1.3 Intentional Use. You and your customers may only use the Platform for legitimate purposes in line with these Terms. You agree that you and your customers will not use the Platform in any way that violates any applicable law or regulation, or to engage in any Prohibited Use. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will ensure that your employees with access to the Platform Account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms; (vi) You own or control all rights in and to all content you provide to Evolve Suite, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider; and (viii) You will not give access to the Platform or Services to a direct Competitor of Evolve Suite, (ix) You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms; (x) You will not modify, translate, or create derivative works based on the Platform (except to the extent expressly permitted by us); and (xi) You will not remove any proprietary notices or labels.
1.4 Compliance: You are solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and other information, including Information, made available to us by or for you through the Platform, (b) obtaining and maintaining adequate insurance as required, and (c) compliance with all applicable laws and regulations, including but not limited to HIPAA and other data privacy laws. Evolve Suite is not responsible for your legal compliance and makes no representation that your use of the Platform will comply with any laws, including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other similar laws and regulations.
1.5 Personal privacy. By using the Platform and supplying Information on or through the Platform, you agree that Evolve Suite may use and disclose the Information in accordance with the Privacy Policy, which is available here and incorporated by reference. You acknowledge that Evolve Suite is not responsible or liable for the deletion or failure to store any information or content stored or transmitted on or via the Platform.
When you grant your clients access to the Platform, you must develop and enforce your own terms of service and Privacy Policy, offering at least the same level of protection as Evolve Suite. You must gain your consumers' consent, affirmatively acknowledging that they agree to be bound by your privacy policies.
You represent and warrant that you have supplied, and will continue to provide, proper notices, as well as the required permissions and consents, to provide your customers' data to us for use and disclosure in compliance with these Terms and our Privacy Policy.
1.6 Login Details. It is your responsibility to keep your Login Credentials secret. You are responsible for any uses of your Platform Account and Login Credentials, whether or not you authorize them. You agree to immediately alert Evolve Suite of any unauthorized access or use of your Platform Account or Login Credentials, as well as any other security violation.
Evolve Suite has the right to disable your Login Credentials at any time and for any reason, including if Evolve Suite believes you have violated any of these Terms. Platform accounts are not transferable. You are required to take precautions to prevent unauthorized persons from accessing your Platform Account using your Login Credentials.
You authorize Evolve Suite to access and monitor your Platform Account and your customers' accounts for support and security purposes, as well as to perform or enforce its duties under these Terms.
1.7 Application of Communication Services. Certain communication options may be available on the Platform, such as SMS, MMS, email, voice call capabilities, and others. Separate Communication Surcharges may apply for these services, which will be added to your billing.
If you use these features, you agree that you are solely responsible for all communications sent through the Platform, including compliance with all applicable laws, including but not limited to the Telephone Consumer Protection Act ("TCPA"), the Do Not Call Registry Rules, and the CAN-SPAM Act. You represent and warrant that you understand and will follow those laws. Evolve Suite is not liable for your compliance with laws and makes no representation that your use of the Platform will comply with any laws.
Evolve Suite is a technology platform that only provides communication services and applications. Evolve Suite does not initiate, send, or deliver any communications to any recipient via SMS, MMS, email, or any other manner. You have control over the message, time, delivery, fraud prevention, and call blocking. All communications, whether SMS, MMS, email, or otherwise, are made and initiated by you and/or your customers, whether generated by You or delivered automatically via the Platform at Your request. Communication surcharges are governed by the LeadConnector Terms of Service.
1.8 Third-Party Services. You have the option of using the Platform to access specific Third-Party Services. It is your responsibility to enable and manage the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you authorize Evolve Suite to share your data with the Third-Party Service providers in order to support the integration and usage of the Third Party Services through the Platform.
You further represent and warrant that you have obtained the necessary consents to import any data (including customer data) from other Third-Party Services that you want Evolve Suite to import, and/or that you are the legitimate owner of such data.
Evolve Suite is not liable for any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including data access, modification, or deletion, whether or not Evolve Suite endorses, approves, promotes, or supports any such Third-Party Services. You irrevocably renounce any claim against Evolve Suite about the content or functioning of any Third-Party Services.
Your agreement with the Third Party governs your use of the Third-Party Services, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and abiding by any terms of service, privacy policies, or other restrictions that govern your use of any Third-Party Services, which you use at your own risk. Evolve Suite disclaims all liability for Third Party Service disruptions or downtimes.
Evolve Suite does not guarantee the interoperability, integration, or support of any Third-Party Services, nor does it make any express or implied representation, warranty, or endorsement about the legality, accuracy, quality, or authenticity of the content, information, or services provided by those Third-Party Services. Evolve Suite reserves the right to modify the Platform or Services at any time, which may have an impact on Third-Party Service interoperability, integration, and support.
If you choose to stop or remove some or all of your Platform Account, you may lose access to certain features, functionality, or Services, including Third Party Services (such as LeadConnector phone numbers or email services), when you reactivate your account. If you pause some or all of your Platform Account for more than thirty (30) days and Evolve Suite continues to incur costs on your behalf related to Third Party Services (such as the costs of securing a specific phone number), Evolve Suite reserves the right to release the phone number or delete some or all of your Platform Account at its sole discretion, without liability to you.
1.9 Third-party content. The Platform may contain Third Party Content. The usage of Third Party Content is solely at your own risk and discretion. All remarks and opinions expressed in Third Party Content are entirely the third party's opinions and are not necessarily representative of Evolve Suite. Evolve Suite is not liable, obligated, or responsible for Third Party Content, and makes no recommendations, representations, or warranties about it. You are responsible for ensuring that your interactions and transactions with Third Party Content are in accordance with these Terms and any relevant laws.
1.10 Excessive Use Restriction; Trials. Evolve Suite offers tiered pricing for access to the Platform, with various tiers being able to process more data with less performance impact. We accept no responsibility for the impact your excessive data use may have on performance. If, in Evolve Suite's sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in any way, we may (1) require you to upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if Evolve Suite's operational costs to support your Platform usage exceed the subscription price; (2) suspend or terminate your use of the Platform or Services,
Trial periods are not designed to be used consecutively. If we discover that you are conducting back-to-back trials in order to avoid paying a subscription fee, Evolve Suite reserves the right, without prejudice to any other remedies available under law, to suspend or terminate your use of the Platform or Services and further prohibit you from using the Platform or Services at its sole discretion.
1.11 Platform Updates. Evolve Suite maintains the right to make updates or changes to the Platform at any time, including changes that may alter the Platform's previous manner of operation. You acknowledge that your use of the Platform or purchase of Services is not subject on Evolve Suite's future supply or release of any capability or feature, including but not limited to the continuation of a specific Service or any Third-party Service.
1.12 International Usage. If you are in an embargoed nation or are a sanctioned person or business, you are not permitted to use the Platform. Evolve Suite makes no representation that the Platform's materials are appropriate or available for use in locations outside of the United States.
Those who wish to access the Platform from other areas do so at their own initiative and risk. If you choose to access the Platform from outside the United States, you are responsible for complying with local laws in your area, including, but not limited to, taxation of Internet purchases. You agree to comply with all economic sanctions and export control laws, rules, and regulations, including but not limited to those established by the United States.
The Department of Commerce's Bureau of Industry and Security ("BIS") and the U.S. The Department of the Treasury's Office of Foreign Assets Control (together known as "Export Control Laws"). By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, the Services, any software or technology that supports the Platform or your content, or the Platform Content in violation of any applicable Export Control Laws.
Specifically, and without limitation, the Platform, the Services, or any software or technology that supports the Platform, or your content, or Platform Content may not be exported, transferred, or released, or provide access (a) into any U.S. embargoed countries (including, without limitation Cuba, Iran, North Korea, Syria and the Crimea, Donetsk, and Luhansk regions, Russia and Belarus (a“Prohibited Jurisdiction”); or (b) to anyone included in the U.S. The Treasury Department's Specially Designated Nationals list, as well as any other relevant restricted party listings.
You represent, warrant, and covenant that (i) you are not named on, or owned or controlled by any party named on, any U.S. government's (or other government's or international body's) list of persons or entities prohibited from receiving U.S. exports or transacting with any U.S. person, (ii) you are not a national of, located in, or an entity (or director/employee/agent/representative of such entity) registered in, any Prohibited Jurisdiction, or an entity that is or control by any person or persons described in Clause (i) or (ii) and are not Military End Users and will not put Evolve Suite or the Platform to a Military End Use, as defined in 15 C.F.R. 744.21, (iii) You will not permit your users to access or use the Platform and/or Service or provide any services to any person(s) in violation of any Export Control Laws, (iv) no user data created or submitted by You is subject to any restriction on disclosure, transfer, download, You also agree not to use the Platform and/or Services to disclose, transfer, download, export, or re-export, directly or indirectly, any of your user data or content to any country, entity, or other party that is ineligible to receive such items under the Export Control Laws or other laws or regulations to which You may be subject.
You understand that the Platform, Service, and other software may not be available in all jurisdictions, and that you are solely responsible for complying with Export Control Laws. Any offer for any product, service, or information made over the Platform is invalid where prohibited. We reserve the right to cancel access to any Platform Account that we believe to be a prohibited end-user or engaged in prohibited end-use, with no obligation to the user.
1.13 Artificial Intelligence Acceptable Use Policy: Before utilizing the Platform's Artificial Intelligence ("AI") services, you must check that you are in a jurisdiction that allows AI usage. If you choose to utilize any of the Platform's AI-based features, you are responsible for ensuring that you do so in accordance with our Artificial Intelligence Acceptable utilize policy, which is attached as Exhibit B.
1.14 domain names. If you utilize the Platform to buy a domain name, Evolve Suite will make the purchase on your behalf and be listed as the registrant. You must use the domain name in accordance with the Terms. If you request in writing, Evolve Suite will transfer the domain name to you. A fee for the transfer may apply. You undertake to indemnify and keep Evolve Suite blameless from any claim or demand, including reasonable attorneys' costs, arising from your use of such domain, including any breach of these Terms or violations of applicable laws relating to the domain name.
1.15 The Transfer Policy. As the major account holder, Evolve Suite has total responsibility over the administration and transfer of sub-agency accounts on the platform. Evolve Suite is not bound to move a sub-agency to another platform or to another user within the Evolve Suite platform. Transferring sub-agency accounts is neither a right granted to sub-agency holders, nor is it regarded as an intrinsic component of the platform services provided.
1.16 Transfer Considerations. If Evolve Suite decides to allow the transfer of a sub-agency, we do so at our discretion and may impose specific terms or requirements. Any sub-agency transfer must be specifically approved by Evolve Suite and will follow our platform's defined protocols.
1.17 Dispute resolution. If a disagreement arises about the transfer or management of a sub-agency, the case will be decided solely within the administrative jurisdiction of Evolve Suite. All parties agree to follow Evolve Suite's judgments in these cases.
1.18 Bug Bounty Program. Evolve Suite does not have a bug bounty program and does not pay out. Evolve Suite forbids third-party access to the Platform or any Evolve Suite systems or networks, including network penetration testing, security assessments, or probing, unless expressly approved by these Terms or agreed to by Evolve Suite in a separate written agreement.
1.19 E-commerce Products and Services. You are solely responsible for the Materials that you may sell through the Platform and/or Services (including description, price, fees, calculated tax, defects, required legal disclosures, regulatory compliance, offers, and promotional content), as well as compliance with any applicable laws or regulations. You understand and agree to include public-facing contact information, a refund policy, and order fulfillment dates on Your store when utilizing the Platform.
Evolve Suite does not issue refunds to its consumers. Evolve Suite does not pre-screen Materials, and we reserve the right to refuse or remove any Materials from any part of the Platform, including if we believe that the Materials you offer through the Platform, or the Materials uploaded or posted to the Platform, violate our Code of Conduct or these Terms. You acknowledge that Evolve Suite may, at any time, review and delete any or all of the Materials supplied to the Platform and/or Services, albeit Evolve Suite is not required to do so.
You understand and agree that the Platform and/or Services are not a marketplace, and any sales contract formed through the Platform and/or Services is solely between You and the customer. You are the registered seller for all things sold through the Platform and/or Services. You are in charge of the establishment and operation of Your store, Your Materials, the items and services that you may sell over the Platform and/or Services, and all aspects of the transactions between You and Your customers.
This includes, but is not limited to, authorizing the charge to the customer for the customer's purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms.
You represent and warrant that Your store, Your Materials, and the goods and services you sell on the Platform and/or Services are true, accurate, and complete, and do not violate any applicable laws, regulations, or third-party rights. To be clear, Evolve Suite will not be the seller, merchant, or record, and will bear no responsibility for Your business or the items sold to customers using the Platform and/or Services.
Evolve Suite reserves the right to provide our Services and/or Platform to Your rivals and makes no guarantees of exclusivity. You also realize and accept that Evolve Suite employees and contractors may be Evolve Suite customers or merchants, and they may compete with you.
Evolve Suite is not liable for any damages or litigation that result from you breaking the law, breaching this agreement, or violating the rights of a third party. You must guarantee that the terms and conditions that govern your transactions with clients do not contradict these Terms.
2. Code of Conduct. You represent and warrant that, when using the Platform, you will follow the Code of Conduct outlined in Exhibit A. Evolve Suite reserves the right to seek all remedies available to it if You violate this Agreement, including the Code of Conduct, up to and including termination of your Platform Account.
3. Payment
3.1 Fees and Automatic Renewal. You agree to supply us with correct and complete billing information (name, address, credit card information, phone number, and Zelle account information) and to tell us of any changes within 10 days of their occurring. Your usage of the Platform is contingent upon timely payment of your and your customers' Fees. Fees may include, but are not limited to: membership fees, Communication Surcharges, add-on service fees, or other usage-based or subscription-based Fees supplied by Evolve Suite that you and your customers incur.
Fee rates and quantities can change from time to time. Fees for subscription services will be charged in advance of Services on a monthly or annual basis, depending on your subscription plan. Usage-based fees, such as Communications Surcharges, are calculated and payable monthly as separate line items on your statement. On a monthly basis, all fees must be paid via Zelle to our designated account.
3.2 Late Payments and Payment Disputes. If your credit card company declines or refuses to pay the amount owed for the Services you ordered, we will recharge the card on file for 7 business days. If we are still unable to charge your card after re-attempting the transaction, your Platform Account may be forced to cancel for non-payment at Evolve Suite's discretion.
Furthermore, we may compel you to pay any late costs and other sums incurred (including any third-party chargeback costs or penalties) via another method acceptable to us. If legal action is required to collect outstanding accounts, you agree to compensate us for any expenses incurred in recovering monies owed, including attorney fees and other legal expenses. If you dispute any charges on your invoice, you must contact us in writing within 30 days of the invoice date.
You must pay all invoiced fees and charges while the dispute is underway, or you waive your right to continue the challenge. If you are challenging any Fees or charges, you must act properly and in good faith, as well as collaborate diligently with us to address the issue. All Evolve Suite decisions regarding your obligation to pay billed Fees and Charges are final.
3.3 Cancellations. You may discontinue your membership by sending an email to [email protected]. You are entirely responsible for the cancellation of Services linked with your account, and, subject to other terms of these Terms, you will be liable for all Fees incurred until such cancellation happens. There will be no refunds issued if you fail to properly cancel the Services associated with your account.
3.4 Refunds
3.4.1 Nonrefundable fees. All Fees charged by Evolve Suite are non-refundable, including subscription Fees, Communication Surcharges, and Evolve Suite's resale of Third Party Services, regardless of whether you accessed or used the Platform Account or Services during your subscription period. You are solely liable for any additional Fees incurred as a result of a mistake or omission made by You or a third party.
Evolve Suite does not issue Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. Except as required by law, Evolve Suite has the right to issue or deny a refund or credit at any time and for any reason, and its decision to grant or deny a refund or credit is final.
3.4.2 Pre-paid and Minimum-Commitment Subscriptions. Evolve Suite resells various Services and Third Party Services that need a prepayment (such as ad-buying). Prepaid services that have been unused or canceled are non-refundable. If You cancel any prepaid services before they are entirely performed, Evolve Suite may offer account credits for future services at its discretion.
Some Service memberships need a non-refundable minimum subscription commitment that cannot be canceled until the commitment is met. Fees for such non-cancelable minimum subscription obligations will be automatically charged to your bill until the minimum commitment is met. Some add-on services or products, such as the HIPAA package, cannot be canceled or refunded after Evolve Suite has formally enabled them on your Platform Account.
3.3.3 Refunds for Wallet Credit. When your Services are canceled, terminated, or expire, it is your sole responsibility to request that Evolve Suite reimburse any money remaining in your account's "wallet". Any funds remaining in the "wallet" for more than thirty (30) days after the expiration, termination, or cancellation of your Platform Account will be forfeited, and Evolve Suite is under no responsibility to refund them.
4. Intellectual property
4.1 Platform content. Evolve Suite or its licensors own the Platform and Platform Content, which are protected by copyright, trademark, and other intellectual property laws, except as specified below. Platform Content excludes User Contributions, as specified below.
Evolve Suite offers you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform in order to provide the Platform to You and Your customers. Any other use, including reproduction, modification, distribution, transmission, republication, framing, display, or performance of Platform Content without Evolve Suite's prior authorization, is strictly prohibited.
4.2 Develop Suite Marks and Advertisements. Evolve Suite’s name, logo, or Marks (including but not limited to Evolve Suite, , LeadConnector and its affiliates may not be used without advance written permission of Evolve Suite, including but not limited to as part of any company name or domain name or in connection with any product or service that is not provided by Evolve Suite, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Evolve Suite.
Unless you are authorized to white label and resell access to the Platform, You may not remove any Evolve Suite Marks, name or logo or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third-party websites may feature Evolve Suite Marks, with or without authorization, and such usage of Evolve Suite Marks does not constitute or imply any approval, sponsorship, or endorsement by Evolve Suite.
You will not (i) make any unauthorized representations, warranties or false, misleading or deceptive statements regarding Evolve Suite, its Platform and Services (ii) include Evolve Suite or any of its Services or the Platform in any of your comparative and/or marketing advertisements.
4.3 User Contributions. User contributions are non-confidential and not proprietary. You grant Evolve Suite, our service providers, and their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties solely for the purpose of carrying out Evolve Suite's obligations under these Terms. Evolve Suite is not liable or responsible to any third party for the content or accuracy of any User Contributions, and we do not promote third-party User Contributions.
Evolve Suite bears no responsibility for any failure or delay in removing User Contributions that violate the Terms. Evolve Suite maintains the right to delete or otherwise remove any User Contributions that we believe to be in violation of these Terms, with or without notice, at any time and for any reason. You represent and warrant that: (i) you own or control all rights to the User Contributions and have the authority to grant the above-mentioned license; (ii) all of your User Contributions comply with these Terms; and (iii) you understand and acknowledge that you are responsible for the legality, reliability, accuracy, and appropriateness of your User Contributions.
4.4 User Contributions are Prohibited. You are prohibited from posting User Contributions on the Platform that: (i) are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another's privacy, or includes graphic descriptions of sexual or violent content; (ii) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) infringe any patent
Feedback: 4.5. If you offer Feedback, you accept and acknowledge that it is voluntary, non-confidential, and gratuitous, and that Evolve Suite and its affiliates are under no obligation to use the Feedback. You grant Evolve Suite and its designees a permanent, irrevocable, non-exclusive, fully paid-up, and royalty-free license to use any Feedback you provide to Evolve Suite without restriction, payment, or other consideration of any kind, or permission or notification to you or any third party.
The license grants Evolve Suite or its designees the unrestricted right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and license the Feedback, as well as all rights therein, throughout the universe in perpetuity in any and all media now or hereafter known.
4.6 Feedback Exemption. You hereby irrevocably release and forever discharge Evolve Suite from any and all actions, causes of action, claims, damages, liabilities, and demands, whether absolute or contingent and of any nature whatsoever, which you now have, shall have, or may have against Evolve Suite with respect to the Feedback, including, but not limited to, how Evolve Suite uses the Feedback.
You agree that you are responsible for the content of the Feedback and further agree (at Evolve Suite's option and at your sole expense) to defend, indemnify, and hold Evolve Suite harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines, or expenses, including reasonable attorneys' fees, which Evolve Suite may incur as a result of the use of the Feedback in accordance
4.7 Usage Details. In line with our Privacy Policy, Evolve Suite may access, collect, analyze, and use data, information, or insights created or derived from the provision, use, and performance of the Platform, Service, and related software, programs, and technologies ("Usage Data"). Evolve Suite controls all of this Usage Data. If Evolve Suite wishes to publish any Usage Data, it will anonymize such Usage Data and reveal such Usage Data in aggregate form only in a way that does not identify You or your customers and does not allow a third party to identify You or your customers.
5. Disclaimers
Evolve Suite makes no promise that your business will be profitable or that you will profit from using the Platform or Services. Except as expressly stated in these Terms, Evolve Suite does not provide any business possibilities through the Platform and/or Service.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
Without limiting the foregoing, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, (D) CERTAIN FEATURES WILL BE ADDED TO THE PLATFORM, OR (E) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE.
YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS' NETWORKS ARE INHERENTLY INSECURE, AND YOU AGREE THAT EVOLVE SUITE IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER'S NETWORKS.
EVOLVE SUITE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
We reserve the sole right to modify or discontinue the platform, including any services or features therein, at any time, with or without notice to you, and we will not be liable to you or any third party if we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the addition of free or fee-based services. Any new features that augment or enhance the then-current services on
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; PLEASE CHECK THE LAWS IN YOUR JURISDICTION.
BETA PRODUCTS OR EARLY RELEASE PRODUCTS: From time to time, you may be able to participate in a program with EVOLVE SUITE that allows you to use early release or beta products, features, or documentation (collectively, "BETA PRODUCTS") offered by EVOLVE SUITE. THE BETA PRODUCTS ARE NOT GENERALLY AVAILABLE AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY.
6. Copyright Infringement Notice
If you are the owner of copyrights or an agent of copyrights and feel that any content infringes upon your copyrights, you have the ability to file a notification in accordance with the Digital Millennium Copyright Act (also known as the "DMCA") by supplying the Copyright Agent of Evolve Suite with the document that contains the following information in written form:
6.1. The required signature of an authorized individual acting on behalf of the owner of an exclusive right that is being claimed as infringed;
6.2. Please provide the necessary information regarding the copyrighted work that is believed to have been infringed. If there are multiple copyrighted works at a single online site, please provide a representative list of those works.
6.3. Please provide the necessary information for Evolve Suite to identify and remove or disable access to the material that is claimed to be infringing or the subject of infringing activity.
6.4. Please provide us with your contact information, including your address, telephone number, and email address if possible.
6.5. Indicate that you genuinely believe that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
6.6. Please ensure that the information provided in the notification is accurate. It is important to note that you must be authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, under penalty of perjury.
To submit a request to Evolve Suite's Designated Copyright Agent, please send an email to [email protected]. Notices and counter-notices must adhere to the current statutory requirements set forth by the DMCA. It is recommended that you seek guidance from a legal professional prior to submitting a notice, as advised by Evolve Suite.
It is important to note that making false claims under the DMCA can result in penalties. Please direct any additional feedback, comments, requests for technical support, or other communications to our customer service team at [email protected]. Please note that failure to comply with all the requirements of this Section may render your DMCA notice invalid.
7. Limitation of liability, indemnification, and mitigation
Your sole remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability, provided that this limitation will not apply to you if you only use the free Services, and in this case, if Evolve Suite determines to have any liability to you or any
EVOLVE SUITE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA, OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT, OR FOR TRANSACTIONS WITH THIRD PARTIES THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ORDER PROCESSING.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU; PLEASE CONSULT YOUR JURISDICTION'S LAWS.
You agree to defend, indemnify, and hold Evolve Suite harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any Evolve Suite property by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers;(e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.
If the Platform is found to violate any third-party intellectual property right, we may, at our discretion,: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, in order to make the Platform non-infringing; or (c) require you to immediately cease all use of the Platform.
8. Time Limit for Filing Claims
ANY ACTION OR CLAIM YOU MAY HAVE ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE FILED WITHIN THREE (3) MONTHS OF THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRING, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH ACTION OR CLAIM IS PERMANENTLY BARRED.
9. Injunctive Relief
You agree that a breach of these Terms will cause irreparable harm to Evolve Suite for which monetary damages would be insufficient, and Evolve Suite shall be entitled to seek equitable relief in addition to any other remedies available to it under these Terms or at law, without the need to post a bond or other security.
10. Waiver And Severability
Evolve Suite's waiver of any term or condition set forth in these Terms shall not be construed as a continuous waiver of such term or condition, or as a waiver of any other term or condition. The omission of Evolve Suite to assert a right or provision under these Terms does not constitute a waiver of that right or provision.
If any provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Service remain in full force and effect.
11. Change of control
Evolve Suite may assign its rights under these Terms at any time, without notification to you. You may not assign your rights under these Terms unless Evolve Suite provides prior written authorization, which may be withheld at Evolve Suite's sole discretion.
12. Entire agreement
Except as stated below, these Terms are the sole and entire agreement between you and Evolve Suite regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform. These Terms may not be edited, supplemented, or updated with the use of any other document(s) unless signed by an authorized representative of Evolve Suite.
Evolve Suite may conclude a separate agreement with you. The provisions of any individual agreement between you and Evolve Suite shall be considered part of your overall agreement. If these Terms contradict with the terms of your individual agreement with Evolve Suite, the latter will take precedence.
13. Term and termination. These Terms shall be in full force and effect as long as you have a Platform Account. Sections of these Terms that are intended to survive termination of your Platform Account will remain in effect even after you stop using the Platform.
13.1 Reasons for Termination. You agree that Evolve Suite may suspend or terminate your access to the Platform (or any portion of it) for any reason, with or without notice, and without liability to you or any third party for any related claims, damages, expenses, or losses. Any suspected fraudulent, abusive, or illegal action may be grounds for terminating your access to this Platform and, if required, reporting you to the appropriate authorities. Evolve Suite retains the right to delete Platform Accounts that have been dormant for ninety (90) days or more.
13.2 No right to services after termination. Your entitlement to use the Platform will stop immediately upon termination, regardless of the reason(s) underlying such termination. Evolve Suite is not liable to you or any third person for any claims for damages resulting from any termination, suspension, or other actions taken by us in connection with your Platform access.
13.3 There is no termination by third-party users. Evolve Suite has limited access to subscriptions that are not purchased directly from us. Any user who has been granted access to the Platform by a party other than Evolve Suite must contact the entity who first granted access to the Platform with any questions about termination.
13.4 Force majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disruption, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or
14. Applicable law, binding arbitration, and waiver of lawsuit and class action
Here is the combined and updated arbitration clause with all necessary corrections and the correct address for Evolve Suite:
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Agreement to Arbitrate: Except as otherwise explicitly provided in this Arbitration Provision, Evolve Suite, along with its parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns, and any of these entities’ employees, officers, directors, and agents (collectively, the “Evolve Suite Parties”) and you can elect to resolve any past, present, or future dispute or claim (“Dispute”) arising from or relating in any way to (i) the use of the Services, (ii) these Terms, or (iii) the relationship between you and any Evolve Suite Parties in connection with any of the foregoing that cannot be resolved directly between you and an Evolve Suite Party, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court.
Dispute” Defined:“Dispute” broadly includes, without limitation, any claims based in contract, statute, constitution, ordinance, tort, fraud, consumer rights, misrepresentation, equity, or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of your use of the Services.
Exceptions to “Dispute” include intellectual property rights disputes and individual claims in small claims court, among others.
Governing Law: The Federal Arbitration Act (“FAA”), 9 U.S.C. 1 et seq., and federal arbitration law apply to this Arbitration Provision.
Arbitration Location and Procedures: The arbitration will be conducted in Snellville, Georgia, under the Consumer Rules of the AAA. Each party is responsible for its own attorneys' fees, and the arbitrator shall apply applicable statutes of limitations and honor privilege rules.
JURY TRIAL WAIVER: YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
CLASS ACTION WAIVER: You and the Evolve Suite Parties agree that any arbitration will be conducted only on an individual basis and not as a class, collective, or representative action.
Miscellaneous; Conflicts: This Arbitration Provision shall survive termination of these Terms of Use or any agreement with an Evolve Suite Party. It applies to any subsequent agreement into which you enter with an Evolve Suite Party.
RIGHT TO OPT OUT: If you do not want this Arbitration Provision to apply, you must send a signed notice within 30 days of electronically submitting an application for a product or service offered by Evolve Suite to: 3293 Stone Mountain Highway, Ste G-124, Snellville, Georgia 30078.
This revised version includes the correct procedures, location, and opt-out information, ensuring all details are consistent and up-to-date with the provided requirements.
15. Communications and Contact Info
All notices to a party shall be in written and sent by email. Notices to Evolve Suite should be sent to [email protected]. You agree that we may send alerts to you via the email address you provided when registering, or to any other address we have on record. Notices become effective when they are received.
Evolve Suite may contact you about these Terms using the information you supply, or via any other means if you do not provide contact information. If you no longer want to receive messages from Evolve Suite, please click the "unsubscribe link" included in such mailings or contact us at [email protected].
When you create a Platform Account or have one created for you, you must specify a primary email address for receiving electronic communication relating to these Terms. Evolve Suite will never send you an email asking for sensitive information like account numbers, usernames, or passwords, and you should never respond to such emails. If you receive an email purporting to be from Evolve Suite, do not respond and tell us at [email protected].
For any other suggestions, comments, technical support requests, or other communications relating to the Platform or the Terms, please contact us at or by mail at:
Evolve Suite Inc. ATTN: Legal Department 3293 Stone Mountain Highway. Ste G-124 Snellville, Georgia 30078
16. Definitions
16.1 "Communication Surcharges" refers to any fees or surcharges imposed by a communications service or telecommunications provider (such as a carrier) in connection with your use of the Platform.
16.2 "Competitor" shall include, but is not limited to, any entity operating a marketing and sales platform, SaaS, any entity providing one or more Platform services, or any entity operating a business similar to that of Evolve Suite Inc. and its subsidiaries, as determined by Evolve Suite in its sole discretion. To be clear, Evolve Suite clients who white label and resell the Platform are not competitors.
16.3 "Feedback" refers to ideas you provide to Evolve Suite regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other services, products, or matters related to Evolve Suite's or its affiliates' business. It also includes any ideas posted to Evolve Suite's ideaboard.
16.4 "Fees" refer to any fees associated with the Platform, including but not limited to the monthly subscription service fee and any fees associated with add-on Services that you may purchase.
16.5 "Evolve Suite Marks" refers to the Evolve Suite name, as well as any related logos or service marks.
16.6 "Information" refers to data about you and your customers that Evolve Suite gathers on the Platform, including but not limited to information required to register a Platform Account and use the Platform for its intended purpose.
16.7 "Login Credentials" refers to the login and password you use to access your Platform Account, which includes API keys and access to third-party integrations with the Platform.
16.8 "Materials" refers to your trademarks, copyright content, any tangible products or services you sell through the Platform (including description and price), as well as any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available to Evolve Suite or its affiliates.
16.9 "Platform" refers to any services, training, content, functionality, communication channels, software, or other services or features provided to customers on or through Evolve Suite's website or mobile application.
16.10 "Platform Account" refers to the account you created to access and use the Platform.
16.11 "Platform Content" refers to information, data, features, and functionality available on the Platform, such as text, pictures, videos, logos, button icons, databases, music, sounds, photos, or other materials. Platform Content excludes User Contributions.
16.12 "Prohibited Uses" refer to the actions mentioned in Section 3.
16.13 The term "Services" refers to the many product integrations and services that Evolve Suite provides on the Platform. Third-party services may be included in the service.
16.14 "Third Party Content" refers to content, promotions, or offers supplied by third parties or connections to external third-party websites that may be accessible through the Platform.
16.15 "Third Party Services" refers to third-party websites, databases, networks, servers, information, software, programs, systems, directories, apps, other products or services provided by a third party via the Evolve Suite Platform. This includes, but not limited to, applications downloaded from the Evolve Suite Marketplace, integrations with third-party applications, and any functionality supplied by a third party via the Platform.
16.16 "Training" refers to any platform-related training, information, or suggestions provided by Evolve Suite.
16.17 "User Contributions" refers to content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform, or to Evolve Suite directly.
16.18 "You" or "you" or any of its derivatives refers to the individual who accepted the Terms or the business entity that the individual represents. "You" also refers to any and all agents, employees, or third-party representatives authorized to act on your behalf.
Exhibit A. Code of Conduct
The Platform's Prohibited Uses include the following. Engaging in a Prohibited Use is a material breach of these Terms, and Evolve Suite may suspend or terminate your Platform Account in accordance with these Terms.
- Using the Platform in a manner that breaches any applicable law or regulation.- Using the Platform in a nation where the use of AI is prohibited or restricted.- Using the Platform to exploit, hurt, or attempt to exploit or harm someone in any way.- Use the Platform to send, receive, upload, download, use, or re-use any material that violates these Terms.- Use the Platform to communicate or facilitate the transmission of any illegal commercial or promotional material, such as "junk mail," "chain letters," "spam," or any other similar solicitation.- Impersonating or attempting to impersonate Evolve Suite, an Evolve Suite employee, another user, or any other person or entity (including, but not limited to, utilizing email addresses connected with any of the preceding).- Engaging in any other behavior that restricts or inhibits others' use or enjoyment of the Platform.- Engaging in any behavior that, in the opinion of Evolve Suite, could harm Platform users or Evolve Suite, or subject either to liability.- Use of the Platform in any way that could disable, overburden, damage, or impair the Platform, or interfere with any other party's use of the Platform, including their ability to conduct real-time activities through the Platform.- Using a robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or duplicating any of the Platform's content.- Using any manual process to monitor or copy any of the Platform's content or for any other unlawful purpose without Evolve Suite's prior written approval.- The use of any device, software, or routine that disrupts the Platform's proper operation.- Introducing viruses, Trojan horses, worms, logic bombs, or any other malicious or technologically damaging material.- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any aspect of the Platform, the server on which the Platform is housed, or any server, computer, or database linked to the Platform.- Using a denial-of-service or distributed denial-of-service attack to compromise the Platform.- Attempting to interfere with the Platform's proper operation.- Content that involves child sexual exploitation or abuse.- The content is sexually explicit.- Creation of hostile, harassing, or violent content.- Abusive or deceitful behaviour.- Examples include, but are not limited to:- Promoting or assisting the creation or spread of spam, fraudulent acts, scams, phishing, or malware;- Compromising cybersecurity systems or gaining unauthorized access to violate the integrity of any user, network, computer or communications system, software application, network, or computing device.- Violate any natural person's rights, including privacy rights as defined by applicable privacy laws;- Taking confidential or personal information.- Impersonating a human and presenting outcomes as human-generated;- Conducting misinformation tactics;- Astroturfing, or the creation of false grassroots support or review information;- Plagiarize or commit other sorts of academic dishonesty.- Illegal or heavily restricted goods or services content, or any other conduct that poses a significant risk of economic or physical harm. This includes but is not limited to the following:- Engaging in any criminal conduct.- Giving instructions on how to commit or facilitate any form of crime.- Gambling.- Payday loans- Cryptomining Practices;- Automatically determining eligibility for credit, employment, educational institutions, or public assistance services.- Practicing law without authorization or soliciting unreviewed legal counsel;- Engaging in unlicensed medical practice or obtaining unreviewed medical advice.- Providing unlawful financial advice.- Law enforcement applications or criminal justice decisions.- Military or battle application, weapon development.- The management
or the operation of essential infrastructure in energy, transportation, and water.- Political campaigning or lobbying in breach of campaign regulations
Exhibit B. ARTIFICIAL INTELLIGENCE APPROVED USE POLICY
- The Platform's AI features may not be used in any way that violates applicable laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA); financial industry guidelines (e.g., PCI DSS); as part of an automated decision-making process with legal or similarly significant effects; or in violation of any intellectual property rights or geographical restriction.- Artificial intelligence features may not be used to discriminate against individuals or groups based on religion, race, sexual orientation, gender, national/ethnic origin, or political ideas. handicap, health status, trade union membership, age, criminal convictions, or engage in any biased, threatening, libelous, harassing, bullying, or other improper behaviour.- AI characteristics may not be utilized to provide individualized advice that would typically be supplied by a licensed expert, such as medical, financial, tax, or legal advice. You must inform your clients when they are communicating with an AI-powered voice or chatbot.- Any assets developed with generative AI systems must be professional and courteous. When using generative approaches, you are not permitted to use offensive or abusive language, nor to engage in any activity that could be considered discriminatory, harassing, or biased.- You must take required efforts to secure the confidential and sensitive information of your customers and users.- AI use may not damage, disable, overburden, or impair any websites, or launch any automated system, including "robots," "spiders," or "offline readers," that sends more request messages to any servers in a given period of time than a human can reasonably produce in the same period using a conventional browser.- AI features may not be used to disseminate falsehoods, engage in malicious actions, or otherwise harm persons or society.- AI features may not be utilized in any way that is banned by the Agreement or the Code of Conduct included herein.