Terms of Use

The Site, Software, and Services are made available under the Evoto brand by the applicable Evoto contracting entity identified below (“Evoto”, “we”, “us”, or “our”):

Evoto is the brand under which the applicable contracting entity provides this website (“Site”, namely https://www.evoto.ai), the information posted on it, including software, documentation, and products (collectively, the “Software”), and various related services (“Services”), subject to the terms and conditions set forth in these Terms of Use (“Terms”). By accessing or using the Site, the Software, or the Services, you agree to these Terms. If you violate any of these Terms, your authorization to use the Site, the Software, or the Services automatically terminates and you must immediately stop using the Services and return or remove any Software downloaded or printed from the Site.

For privacy and data protection matters, the relevant Evoto entity acting as data controller is described in the Privacy Policy. If a specific Service is provided by a different Evoto affiliate or entity, we will identify that in the relevant service page, order form, or notice.

Unless otherwise specified in an applicable order form, enterprise agreement, invoice, service-specific terms, or other written agreement, the contracting entity for the Services is the Evoto entity identified in these Terms. If an applicable order form, enterprise agreement, invoice, service-specific terms, or other written agreement identifies a different Evoto entity, local Evoto entity, or authorized local partner as the contracting or billing entity for a particular transaction, that entity or partner will act as the contracting or billing party for that transaction, and these Terms will apply to the extent incorporated by reference or otherwise accepted by you. Unless expressly stated in the applicable agreement, a local contracting or billing arrangement does not change the Evoto entity responsible for providing the core Services or processing User Content under the Privacy Policy and any applicable DPA.

The Software and Service on this Site are the protected copyrighted material and the intellectual property of Evoto, unless otherwise noted. No portion of the information contained on this Site may be reproduced without the written consent of Evoto.

The Software and Services that are made available on and from this Site are the copyrighted material and work of Evoto and/or its licensor(s). You will not be able to download or install any Software that is accompanied by or includes a Software licensing agreement unless you agree to the terms of such Software licensing agreement. If you do not agree to such terms, you will not be able to use the Software. You may view our Licensing Agreement here. Unauthorized duplication of the Software is a crime and an infringement.

Welcome to sign up for the user account of the Software or in the Site. The sign-up is between you and Evoto and/or its affiliates and is governed by our respective rights and obligations herein. Please note that your use of the user account is also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the Site, all of which (as changed over time) are incorporated into. If you sign up for the user account, you accept these terms, conditions, limitations and requirements.

Where you act as a business, organisation, or professional and Evoto Processes Personal Data on your behalf in connection with the Services, the Evoto Global Data Processing Agreement (DPA) forms part of these Terms and is incorporated by reference. Where applicable, the DPA may also include or incorporate the EU Standard Contractual Clauses, the UK International Data Transfer Addendum, and other regional data transfer terms required by applicable Data Protection Laws. By accepting these Terms, you also agree to the DPA, which will become effective accordingly without the need for a separate signature. If you use the Services only for your own personal or household purposes and Evoto does not Process Personal Data on your behalf as a processor, the DPA does not apply. For more details, please refer to the Evoto Global Data Processing Agreement (DPA).

Subscription, Pay-as-You-Go, and Other Paid Services

The Software and certain Services, products, features, plans, usage entitlements, and account benefits may be provided on a paid basis. The applicable fees, charges, paid plans, billing periods, package terms, validity periods, usage limits, renewal rules, and other commercial terms will be stated in the Software, on the Site, on the Pricing page, in an applicable order form, at checkout, or otherwise presented to you at the time of purchase. Certain paid plans may be offered on a recurring subscription basis (“Subscription”).

Evoto may offer Subscriptions, Pay-as-You-Go, Cloud Storage plans, one-time purchases, promotional offers, and other paid or free products or features. Credits, export units, or similar usage units (“Credits”) are internal usage units used solely to measure and enable eligible uses of the Services, including eligible watermark-free photo exports and other eligible credit-based features designated by Evoto. Credits are part of the applicable Evoto service plan, Subscription, Pay-as-You-Go, promotion, or other offer under which they are provided.

Credits are not cash, gift cards, gift certificates, stored value, prepaid payment instruments, or cash equivalents. Credits have no cash value, are not redeemable for cash or any other products, and may not be sold, resold, transferred, assigned, gifted, exchanged, rented, shared, or used outside the Services, except as expressly permitted by Evoto. Any Credit information shown in your account, including remaining, used, total, or expiration information, is provided to help you track your use of eligible Services and does not represent cash, stored value, a deposit account, or a payment balance.

Subscription Credits. Certain Subscription plans may include a specified number of Credits during each applicable subscription term (“Subscription Credits”). Subscription Credits are available only while the applicable Subscription remains active and in good standing, and are subject to the usage limits, validity period, rollover rules, and other conditions disclosed at the time of purchase or in the applicable plan description.

Unused Subscription Credits may roll over only if and to the extent the applicable Subscription plan expressly supports rollover. The total number of rollover Credits is capped at five (5) times the number of Credits included in the then-current active Subscription plan. Both the rollover cap and the validity period of rollover Credits are tied to the user’s active Subscription plan. If you cancel auto-renewal, your Subscription will remain active until the end of the then-current paid subscription term, unless it is terminated earlier in accordance with these Terms. During that paid subscription term, unused Subscription Credits will remain available subject to the applicable plan terms. After the Subscription expires, is not renewed, is downgraded, or otherwise ceases to remain active, unused Subscription Credits and rollover Credits may expire or become unavailable, unless otherwise stated in the applicable plan terms.

Pay-as-You-Go. Evoto may offer Pay-as-You-Go plans or purchases. Credits purchased under Pay-as-You-Go may be used only for eligible uses of the Services, including eligible watermark-free photo exports, as described at the time of purchase. Credits purchased under Pay-as-You-Go are valid for two (2) years from the date of purchase and will expire if not used during that period, unless a different validity period is stated at the time of purchase. Expired Credits cannot be used, restored, exchanged, transferred, or refunded, except as expressly stated in these Terms or the applicable Refund Policy.

Promotional Credits. Evoto may offer free, promotional, trial, referral, loyalty, bonus, complimentary, or other non-purchased Credits (“Promotional Credits”). Promotional Credits may be subject to additional eligibility requirements, usage limits, and shorter validity periods disclosed at the time they are offered. Promotional Credits have no cash value, are not refundable, and may be modified, suspended, or discontinued by Evoto.

Credit Usage Order. Unless otherwise stated in the applicable plan or feature description, Evoto may apply Credits in an order designed to use Credits with the earliest expiration date first. Different types of Credits may have different validity periods, usage rules, and expiration dates. Users are responsible for reviewing the applicable plan, package, and account information to understand the availability and expiration of their Credits.

Cloud Storage may be used when you create or use cloud projects or cloud-stored content. Credits, Pay-as-You-Go, Cloud Storage plans, Pay-as-You-Go purchases, and Subscription-included Credits may be subject to validity periods, expiration dates, usage limits, renewal rules, and country or region availability as stated in the Software, on the Site, on the Pricing page, in an applicable order form, or otherwise presented to you at the time of purchase.

In mainstream countries and regions, Evoto generally supports credit cards and Stripe Link as payment methods for Subscriptions and other paid products or features, where available. In some countries or regions, credit cards, Stripe Link, or certain other payment methods may not be available, and Evoto may provide local payment methods or other payment options. The payment options available to you may vary depending on your location, account type, platform, payment channel, and the paid product or feature you purchase, and will be shown in the Software, on the Site, at checkout, or otherwise presented to you at the time of purchase.

On the date of any renewal, if your credit card to us is declined for payment of your Subscription, you will receive a payment failure notice email and have to update your payment information.

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT AUTO-RENEWAL, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE LICENSING FEE AND ANY TAXES USING ANY CREDIT CARD OR PAYPAL ACCOUNT WE HAVE ON RECORD FOR YOU.

IF YOU CANCEL AUTO-RENEWAL, YOUR SUBSCRIPTION WILL TERMINATE AT THE END OF THE THEN BILLING CYCLE.

IF YOU FAIL TO UPDATE YOUR PAYMENT INFORMATION OR IF WE ARE UNABLE TO COLLECT PAYMENT, YOUR SUBSCRIPTION WILL TERMINATE AT THE END OF THE THEN BILLING CYCLE.

If your subscription expires or is terminated, your cloud-stored content may remain available for up to 30 days. After that period, the content will be permanently deleted and cannot be recovered.

If your purchased, subscribed, promotional, complimentary, trial, or otherwise allocated Cloud Storage expires, is cancelled, is reduced, or becomes insufficient for your cloud-stored content, you are responsible for renewing, purchasing, or maintaining sufficient storage capacity in a timely manner. Subject to applicable law, any applicable product notice, and any applicable retention period stated by Evoto, if sufficient storage capacity is not maintained, Evoto may suspend access to, restrict use of, or delete cloud-stored content associated with the expired, cancelled, reduced, or insufficient storage capacity.

To the fullest extent permitted by applicable law, Evoto will not be responsible for loss, deletion, unavailability, or failure to restore cloud-stored content resulting from the expiration, cancellation, reduction, or insufficiency of your Cloud Storage entitlement, or your failure to renew, purchase, or maintain sufficient Cloud Storage capacity.

Refunds and Adjustments. Refunds are subject to the Refund Policy, these Terms, and the purchase terms presented to you at checkout.

YOU ARE NOT ALLOWED TO CANCEL ANY SUBSCRIPTION, PAY-AS-YOU-GO CREDIT PACKAGE, CLOUD STORAGE PLAN, ONE-TIME PURCHASE, OR OTHER PAID PRODUCT OR FEATURE AND RECEIVE A REFUND, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR THE APPLICABLE REFUND POLICY. Evoto may review refund requests based on the information and documents provided and the applicable Refund Policy.

If a refund, chargeback, reversal, or other account adjustment is issued or processed for a Subscription, Pay-as-You-Go, Cloud Storage plan, or other paid product or feature, Evoto may deduct, cancel, revoke, suspend, or adjust any Credits, storage capacity, or other benefits associated with the refunded or reversed purchase, including Credits already used or remaining in the account.

In addition to the terms above, please refer to our REFUND POLICY.

We will sometimes offer certain groups, partners, and/or customers various trial or promotional use, which are subject to these Terms except as otherwise stated in the promotional offers. Such trial use may at any time (through the user account) choose not to continue or to continue a paid use at the end of the trial period.

We may in our discretion change these Terms and Privacy Policy, or any aspect of the Membership, without a written notice. If any change to these terms is found invalid, void, or for any reason not enforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED USE AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST STOP TO USE THE SITE, THE SOFTWARE AND SERVICES.

As a condition of use, you promise not to use the Site, the Software or the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Evoto. By way of example, and not as a limitation, you agree not to use the Site, the Software or the Services:

2. To post or transmit, or cause to be posted or transmitted, any content or communications that are illegal, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;

3. For any purpose that is not permitted under the laws of the jurisdiction where you use the Site, the Software or the Services;

5. With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:

6. To advertise to, or solicit, any user to buy or sell any third-party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

8. If you are a user in the United States, you must ensure that your content does not contain sensitive data as defined by regulations such as the Protecting Americans' Data from Foreign Surveillance Act (PADFA).

We do not have a reasonable way to monitor all User Content uploaded to or posted on our services, nor are we obligated to monitor, edit, or control the User Content that you and other users upload or post to our services. This means that we are not responsible for any User Content on our services and you agree not to make any claims against us arising from User Content. That said, we may, at any time, remove, edit, screen, or block any User Content from our services at any time and for any reason, including if we believe the User Content violates these Terms or is objectionable, without prior notice to you. When you use our services, you will be exposed to User Content from others, some of which may be offensive, inaccurate, or indecent. We may investigate claims that User Content violates these Terms and, in such cases, we will decide, at our sole discretion, what actions to take (if any) regarding the reported content.

While we strive to provide precise color-matching results with our Color Match feature, factors such as provided image quality, limitations of our color-matching technology, and the complexity of artistic expression in imagery may impact the outcome. As such, we cannot guarantee the accuracy, completeness, or sufficiency of the content generated or presented when using this feature. We expressly disclaim any liability for errors or omissions arising from the use of this feature.

We may terminate the license of the Software to you at our discretion without notice. If we do, we will offer you a prorated refund based on the number of FULL months remaining in your account. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE CONDITIONS OF THE USE OF THE SITE, THE SOFTWARE AND SERVICES, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SOFTWARE. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST LICENSING FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR USE OF THE SITE, THE SOFTWARE AND THE SERVICES.

YOU ACKNOWLEDGES AND AGREES THAT THIS SOFTWARE/CODE AND DOCUMENTATION ARE NOT INTENDED TO DIRECTLY OR INDIRECTLY COLLECT, PROCESS, OR USE ANY UNAUTHORIZED DATA OR FILES. YOU SHALL NOT USE THIS SOFTWARE/CODE AND DOCUMENTATION TO INFRINGE UPON ANY INDIVIDUAL'S OR LEGAL ENTITY'S LEGITIMATE RIGHTS (INCLUDING BUT NOT LIMITED TO COPYRIGHT, PATENT, TRADE SECRET, ETC.). EVOTO SHALL NOT BE HELD RESPONSIBLE FOR ANY LIABILITY OR CLAIMS RESULTING FROM YOUR VIOLATION OF THE AFOREMENTIONED TERMS.

Unless otherwise expressly provided in an applicable order form, enterprise agreement, or other written agreement, the governing law and dispute resolution provisions below apply.

Except to the extent prohibited by applicable law or by any non-waivable rights you may have under applicable consumer protection laws:

In any action or proceeding related to these Terms, venue shall lie exclusively in the applicable courts identified above, and in no other location. In any action or proceeding arising under these Terms you shall appear for deposition at your own expense in the applicable forum at such time as is either mutually agreed upon or ordered by the court.

To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Software, or the Services must be brought and maintained solely in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, representative, mass, consolidated, or private attorney general action or proceeding. To the maximum extent permitted by applicable law, each party waives any right to commence, maintain, participate in, or recover relief through any such class, collective, representative, mass, consolidated, or private attorney general action or proceeding against the other party in connection with these Terms, the Site, the Software, or the Services. Unless all parties otherwise agree in writing, the court may not consolidate the claims of more than one person or otherwise preside over any form of a class, collective, representative, mass, or consolidated proceeding, and may award relief only as necessary to resolve the individual claim of the party seeking relief. The parties acknowledge that this waiver is a material and essential basis of these Terms.

To the maximum extent permitted by applicable law, each party waives any right to a trial by jury in any action or proceeding arising out of or relating to these Terms, the Site, the Software, or the Services.

If any portion of the class action, collective action, representative action, mass action, consolidated action, or private attorney general waiver in this section is found to be unlawful, void, or unenforceable with respect to a particular claim or request for relief, then that portion shall be severed and shall not apply to that claim or request for relief, and such claim or request for relief may proceed only to the minimum extent necessary under applicable law. The remainder of this section and all other dispute resolution, forum selection, governing law, and jury trial waiver provisions in these Terms shall continue in full force and effect to the maximum extent permitted by law.