Terms of Service - Evolion Research

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Evolion Research Inc. ("Company," "we," "us," or "our"), concerning your access to and use of our website, products, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. Company Information

Evolion Research Inc.
1111B S Governors Ave STE 39726
Dover, DE 19904
United States
Email: [email protected]

3. Services

Evolion Research Inc. provides intelligent device software development, hardware design services, and mobile monitoring applications. Our Services may include:

Custom embedded software and firmware development
Hardware design and engineering services
Mobile application development for iOS and Android
Device monitoring and analytics solutions
Consulting and technical advisory services

4. Use of Services

4.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

4.2 Account Registration

Certain features of our Services may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.3 Acceptable Use

You agree not to:

Use our Services for any illegal purpose or in violation of any laws
Interfere with or disrupt the integrity or performance of our Services
Attempt to gain unauthorized access to our Services or related systems
Use our Services to transmit viruses, malware, or other harmful code
Reverse engineer, decompile, or disassemble any aspect of our Services
Use our Services to infringe upon the intellectual property rights of others

5. Intellectual Property Rights

5.1 Company Ownership

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and design, are owned by Evolion Research Inc. or our licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2 Custom Development

For custom development projects, intellectual property ownership will be specified in separate written agreements. Unless otherwise agreed in writing, we retain ownership of our proprietary methodologies, tools, and frameworks used in providing Services.

5.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose.

6. Payment and Billing

6.1 Fees

Fees for our Services will be specified in separate agreements or quotes. All fees are in U.S. Dollars unless otherwise stated.

6.2 Payment Terms

Payment is due according to the terms specified in your service agreement or invoice. We accept payment via credit card, bank transfer, or other methods as agreed upon.

6.3 Late Payment

Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

6.4 Refunds

Refund policies will be specified in individual service agreements. Unless otherwise stated, payments for custom development services are generally non-refundable once work has commenced.

7. Confidentiality

We understand that in the course of providing Services, we may have access to confidential information. We agree to maintain the confidentiality of such information and to use it only for the purpose of providing Services to you. Specific confidentiality terms may be detailed in separate non-disclosure agreements.

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards.

8.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVOLION RESEARCH INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of or inability to access or use our Services
Any conduct or content of any third party on our Services
Any content obtained from our Services
Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Evolion Research Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our Services or your violation of these Terms.

11. Term and Termination

11.1 Term

These Terms remain in effect while you use our Services.

11.2 Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Services will immediately cease.

11.3 Survival

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Delaware, and judgment on the award may be entered in any court having jurisdiction.

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You agree to waive the right to participate as a plaintiff or class member in any class action lawsuit or class-wide arbitration.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any separate agreements entered into between you and us, constitute the entire agreement between you and Evolion Research Inc. regarding our Services.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Evolion Research Inc.
1111B S Governors Ave STE 39726
Dover, DE 19904, United States
Email: [email protected]