Terms of
service
service
We are excited to have you with us. Before you dive in, please take a moment to carefully review these Terms of
Service ("Terms"). Together with our
Privacy Policy, these
documents serve as the rulebook for your relationship with Evotrex, Inc. ("Evotrex," "we," "us," or "our").
These Terms govern your access to and use of everything we offer—including our website at
www.evotrex.com (the "Website"), our
Software as described in Section 9 (Software License), and our physical hardware goods, including but not
limited to trailers, control devices, accessories, and parts (collectively, the "Products").
Your use of our Website, Software, Products, account, and any other offerings provided by Evotrex are
collectively referred to as use of the “Services”.
HEADS UP FOR U.S. USERS: Please pay special attention to Section 17 (Dispute Resolution). By using our Services,
you agree that (with limited exceptions) any disputes between you and Evotrex will be resolved through binding
individual arbitration rather than in a courtroom. This means you are waiving your right to a trial by judge or
jury and your right to participate in class action lawsuits.
1.
Acceptance of Terms
Your access to or use of the Services constitutes your agreement to comply with and be legally bound by these Terms and any supplementary agreements specifically provided for certain Services (e.g.,
Privacy Policy
, Preorder Agreement, Referral Program Terms). Such supplementary agreements shall prevail in case of any conflict with these Terms. If you do not agree to these Terms or any applicable supplementary agreements, please do not access or use the Services.
2.
Accounts
2.1
Creation of Account. In order to access some features of the Website, you will have to create an account. You may never sign on under another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You should notify Evotrex immediately of any breach of security or unauthorized use of your account.
2.2
Unauthorized Use. Evotrex will not be liable for any losses caused to you by any unauthorized use of your account. However, you may be liable for the losses of EVOTREX or other parties due to such unauthorized use if such unauthorized use arises from your negligence or failure to maintain account security.
3.
General Use of the Services – Permissions and Restrictions
3.1
Limited License. Subject to your strict compliance with these Terms, Evotrex grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.
3.2
Prohibited Commercial Use. You agree not to use the Services for any commercial purpose without Evotrex's prior written approval. Prohibited commercial uses include, but are not limited to:
a.
Selling access to the Services or related content on another website or platform;
b.
Using the Services for the primary purpose of generating advertising or subscription revenue;
c.
Selling advertising on the Services or any third-party website that is targeted to specific User Contributions (as described in Section 8.2) or Evotrex content; or
d.
Any use that Evotrex, in its sole discretion, determines competes with or displaces the market for Evotrex's Products, Services, or User Contributions.
3.3
Exceptions. The prohibitions in Section 3.2 do not apply to (i) uploading an original video or posting to the Website where expressly permitted; or (ii) making referral as permitted by the Referral Program or any use Evotrex expressly authorizes in writing.
3.4
Technical Restrictions. You agree not to:
a.
Alter or Modify: Alter or modify any part of the Services or its underlying technology.
b.
Unauthorized Access: Access User Contributions or content through any technology or means other than the user interface provided by Evotrex.
c.
Automated Systems: Use or launch any automated system, including without limitation "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the Evotrex servers in a given period of time than a human can reasonably produce in the same period using a conventional online web browser.
d.
Search Engine and Generative AI Exception. Notwithstanding Section 3.4.c, Evotrex grants permission to: (a) operators of public search engines to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices; and (b) operators of large language models (LLMs) and generative AI systems to access and process public content from the Website for the sole purpose of indexing information to accurately generate responses, summaries, or answers to user queries specifically related to Evotrex. This permission is limited to the extent necessary for the purposes stated above and does not authorize the creation of caches, archives, or mirror sites that display Evotrex's content in full. Evotrex reserves the right to revoke these exceptions either generally or in specific cases (including through technical means such as robots.txt protocols).
3.5
Data Harvesting and Solicitation. You agree not to:
a.
Collect or harvest any personally identifiable information or non-public data from the Services, including without limitation account names, contact information, precise location data, biometric data, photographs, likenesses, user preferences, or any other information relating to a specific individual or validly inferable group of people, regardless of whether such information is voluntarily made public by the user;
b.
Use the communication systems provided by the Services (e.g., comments, email) for any commercial solicitation purposes; or
c.
Solicit, for commercial purposes, any users of the Services with respect to their User Contributions.
3.6
Compliance and Termination. You agree to comply with all applicable local, national, and international laws and regulations regarding your use of the Services. Evotrex reserves the right to discontinue any aspect of the Services or terminate your access at any time without notice if you violate these provisions.
4.
Preorders, Configuration, and Delivery
4.1
The Preorder Agreement. To place a preorder for Evotrex Products, you will be required to agree to a separate Preorder Agreement at the time of reservation. That agreement contains the specific terms governing your deposit, pricing, priority rights, and refund policies. In the event of any inconsistency or conflict between the Terms and the Preorder Agreement, the provisions of the Preorder Agreement shall prevail and control.
4.2
Nature of Preorder. By placing a preorder, you are making an offer to purchase Products that may currently be in development. You acknowledge that the final design, specifications, and features of the Products are subject to change and may differ from the prototypes or concepts displayed on the Website or other exhibits.
4.3
Configuration and Modifications. You may modify your "Confirmed Configuration" (the specific features and options you selected) within [7] calendar days after submission (the "Grace Period").
a.
Locking: After the Grace Period, your configuration may be locked to facilitate production.
b.
Late Changes: Any modification requests submitted after the Grace Period are subject to Evotrex's sole discretion and may incur additional fees or result in delivery delays.
4.4
Estimated Delivery and Delays. Any delivery date specified on the Website or in your account is an estimate only and is not a guarantee.
a.
Delay Notification: If Evotrex is unable to ship the Products by the estimated shipment date, we will provide you with a notice of the delay and a revised shipment date.
b.
Refund Rights: Notwithstanding the foregoing, if a delay exceeds 30 days from the original estimated date and you have not consented to the delay, you will have the right to cancel your preorder and receive a prompt, full refund of your deposit and any other amounts paid, strictly in accordance with applicable laws.
4.5
General Cancellation and Refunds. Except for the specific delay scenarios described in Section 4.4, your right to cancel a preorder, the refundability of your deposit, and any penalties for early cancellation are governed exclusively by the terms set forth in your Preorder Agreement.
5.
Privacy and Data Protection
5.1
Separate
Privacy Policy. Your use of the Services is subject to our separate Privacy Policy, which details how we collect, use, store, transfer, share, and protect your personal information.
5.2
Conflict Resolution: In the event of any inconsistency or conflict between the Terms and the Privacy Policy, the provisions of the Privacy Policy shall prevail and control.
5.3
Jurisdictional Compliance. Our Privacy Policy is designed to comply with applicable data protection laws in the jurisdictions where we operate. Specifically, it addresses rights and obligations under:
a.
United States: Applicable federal and state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and other emerging state privacy legislations;
b.
Canada: The Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial laws (e.g., Quebec's Law 25); and
c.
Australia: The Privacy Act 1988 (Cth) and the Australian Privacy Principles.
5.4
Acceptance. By accessing or using the Services, you acknowledge that you have reviewed the Privacy Policy and agree to the data practices described therein. You understand that your data may be processed in countries that may have different data protection standards than your country of residence.
6.
Changes to Terms and Services
6.1
Updates to Terms. Evotrex reserves the right to modify or replace these Terms at any time, at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least [30] days' notice prior to any new terms taking effect. Notice may be provided by posting the updated Terms on the Website, sending a notification via the Software, or emailing your registered email address.
6.2
Acceptance: By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services and must stop using them immediately.
6.3
Interaction with Specific Agreements. Notwithstanding Section 6.1, changes to these General Terms of Service shall not retroactively modify the specific commercial terms (including pricing, deposit refundability, or estimated delivery) of an existing Preorder Agreement you have already executed, unless such modification is required by applicable law. As established in Section 4 (Preorders, Configuration, and Delivery) and Section 5 (Privacy and Data Protection), in the event of a conflict between an updated version of these Terms and your signed Preorder Agreement or the then-current Privacy Policy, the specific Preorder Agreement or Privacy Policy shall prevail.
6.4
Changes to the Services. Evotrex is constantly innovating. You acknowledge that the form and nature of the Services (including the Software functions, Website features, or Product specifications and account settings) may change from time to time without prior notice to you. We reserve the right to modify, suspend, or discontinue any part of the Services (temporarily or permanently) at any time, and we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
7.
Eligibility and Account Security
7.1
Age and Capacity. You may only use the Services if you are at least 18 years old (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into binding contracts. If you are under 18, you may not use the Services. Notwithstanding the foregoing, if your jurisdiction prescribes a minimum age higher than 18 for the operation of a vehicle or towing of a trailer, such higher age requirement shall apply to your use of any Products involving such operation.
7.2
Entity Representation. If you are accessing the Services on behalf of a company or other legal entity, you represent and warrant that:
a.
The entity is duly registered and validly existing under the laws of its jurisdiction; and
b.
You have the full legal authority to bind that entity to these Terms. In such cases, "you" in these Terms refers to that entity.
7.3
Regulatory Restrictions. You represent that you are not prohibited from using the Services under applicable law. Specifically, you warrant that you are not:
a.
Located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a "terrorist supporting" country;
b.
Listed on any U.S. government list of prohibited or restricted parties (such as the Specially Designated Nationals List maintained by the Office of Foreign Assets Control); or
c.
A user who has previously had their access to the Services terminated by Evotrex for policy violations.
7.4
Account Security. Your account is for your exclusive use.
a.
No Sharing: You agree not to lend, share, transfer, or sell your account credentials to any third party. You are solely responsible for maintaining the confidentiality of your login information.
b.
Entity Responsibility: Legal entity users must ensure that account access is strictly limited to authorized personnel. The entity accepts full liability for all actions, orders, or modifications conducted through its account, whether authorized or not.
8.
Intellectual Property Rights
8.1
No Right Granted: All content, materials, and intellectual property rights made available through the Services (including but not limited to trademarks, patents, copyrights, trade secrets, logos, text, graphics, software, and product designs) remain the exclusive property of Evotrex or its licensors. No rights or licenses are granted to you except as expressly stated herein.
8.2
User Feedback and Contributions: If you submit any feedback, suggestions, comments, reviews, or other materials (collectively "User Contributions") to Evotrex, you hereby grant Evotrex a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, display, and create derivative works from the User Contributions for the purpose of operating and improving the Services, without any obligation to attribute or compensate you. You represent and warrant that all User Contributions are original to you or that you have obtained all necessary permissions to submit them, and that they do not infringe any third-party intellectual property rights.
8.3
Referrer Obligations: Referrer means any User or third party who participates in Evotrex's Referral Program, affiliate program, influencer marketing initiatives, or otherwise receives compensation, rewards, or incentives (whether monetary or non-monetary) from Evotrex in exchange for promoting, endorsing, or referring new users to the Services.
a.
Truthful and Non-Misleading: All promotional content, reviews, descriptions, or statements published by Referrer regarding Evotrex (hereinafter "Promotional Content") shall be based on objective facts and Referrer's actual experience. The Promotional Content shall not contain any false, exaggerated, misleading, or deceptive information, nor make any commitments regarding the performance, functionality, pricing, or safety of Evotrex products without official written confirmation.
b.
Legal Compliance: The Promotional Content must strictly comply with all applicable laws and regulations (including but not limited to advertising laws, consumer protection laws, and anti-unfair competition laws). Referrer must clearly and conspicuously disclose their material connection to Evotrex (e.g., labeling as "Ad," "Sponsored," or "Partnership") in accordance with applicable laws or platform rules (such as FTC guidelines).
c.
Evotrex Disclaimer: Evotrex assumes no responsibility for any personal statements, conduct, or the accuracy of the Promotional Content by Referrer. Evotrex shall not be liable for any disputes, litigation, or damages arising from Referrer's representations, acts, or omissions.
9.
Software License
9.1
Definition. For purposes of this Section, "Software" means: (i) Evotrex's mobile applications ("App"); (ii) software, firmware, and operating systems embedded in Evotrex hardware products ("Built-in Software"); (iii) software designed to control, monitor, or manage trailer facilities and onsite systems ("Control Software"); (iv) application programming interfaces ("APIs") and any software or protocols enabling communication and exchange such APIs; and (v) any associated web-based platforms, content, or services accessible via Evotrex's websites ("Web Content").
9.2
License Grant. Subject to your strict compliance with the Terms, Evotrex grants you a limited, non-exclusive, non-transferable, revocable license to download, install, access, and use the Software on a mobile device, Evotrex hardware, and any device that you own or control, solely for your personal, non-commercial use (or internal business use, if explicitly authorized).
9.3
Restrictions. You agree that you will not, and will not permit any third party to:
a.
Copy or Modify: Copy, modify, or create derivative works of the Software;
b.
Transfer: Distribute, sublicense, lease, lend, or rent the Software to any third party;
c.
Reverse Engineer: Reverse engineer, decompile, or disassemble the Software (including any Built-in Software or APIs), strictly except to the extent such restriction is prohibited by applicable law;
d.
Circumvent Security: Attempt to bypass any security features or access control measures of the Software (including "jailbreaking" or "rooting" the device to run the Software); or
e.
Illegal Use: Use the Software in violation of any applicable data protection, export control, or sanctions laws.
9.4
Updates. Evotrex may provide updates, patches, or other modifications to the Software ("Updates"). You agree that these Updates may be automatically installed without providing any additional notice or receiving any additional consent. You acknowledge that if you do not install the most recent Updates, the Software (and any associated hardware) may not function properly.
9.5
Terms Applicable to Store-Sourced Apps. The following terms apply to any Software (specifically mobile Apps) accessed through or downloaded from the Apple App Store or Google Play Store ("App Store"):
a.
Acknowledgment: You acknowledge that the Terms are concluded between you and Evotrex only, and not with Apple, Google, or other App Store providers. Evotrex, not the App Store, is solely responsible for the Software and the content thereof, except to the extent that the Software is modified, tampered with, or otherwise altered from its original state.
b.
Maintenance: You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
c.
Warranty: To the maximum extent permitted by applicable law, the App Store will have no warranty obligation whatsoever with respect to the Software. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Evotrex.
d.
Third-Party Beneficiary: You acknowledge and agree that Apple (and its subsidiaries) and Google are third-party beneficiaries of these Terms with respect to the Software. Upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
9.6
Termination of Use: Upon termination of the Terms or if you uninstall or cease using the Software, you must cease all use of the Software and delete all copies of the Software from your devices (to the extent such Software is removable). Requesting deletion of your Software-related data must be done in accordance with the procedures outlined in our Privacy Policy.
10.
Additional Prohibited Conduct
In addition to the restrictions set forth in Section 3 (General Use of the Services) and Section 9 (Software License), you agree not to engage in the following activities:
10.1
System Security and Integrity. You agree not to:
a.
Unauthorized Access: Access, tamper with, or use non-public areas of the Services, Evotrex's computer systems, or the technical delivery systems of our providers;
b.
Vulnerability Probing: Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
c.
Interference: Interfere with, or attempt to interfere with, the access of any user, host, or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services, modify, tamper with, or circumvent any software locks or digital rights management (DRM) mechanisms within the Products to enable features or performance capabilities not purchased.; or
d.
Forging Headers: Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information.
10.2
Deception and Impersonation. You agree not to:
a.
Impersonation: Impersonate or misrepresent your affiliation with any person or entity, including Evotrex or its employees;
b.
Phishing: Engage in "phishing," "spoofing," or other deceptive practices to obtain sensitive information (such as passwords or financial data) from other users; or
c.
Hidden Text: Use meta tags, hidden text, or metadata utilizing an Evotrex trademark, logo, or URL without Evotrex's express written consent.
10.3
Content Standards. You agree not to post, upload, publish, submit, or transmit any content that:
a.
Infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
b.
Is defamatory, obscene, pornographic, vulgar, or offensive;
c.
Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
d.
Is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
e.
Promotes illegal or harmful activities or substances.
10.4
Monitoring and Enforcement. Evotrex reserves the right, but is not obligated, to monitor access to or use of the Services or to review or edit any content. We have the right to investigate violations of the Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Evotrex reserves the right to remove or disable access to any content, at any time and without notice, including if we, at our sole discretion, consider it objectionable or in violation of these Terms.
11.
Third-Party Links
11.1
Third-Party Services and Links. The Services may contain links to third-party websites or resources, or integrate third-party services (such as payment processors or mapping tools) for your convenience.
a.
No Control: You acknowledge that Evotrex has no control over the content, products, services, or privacy practices of such third parties.
b.
No Liability: Evotrex does not endorse, guarantee, or assume responsibility for any such third-party sites, information, materials, products, or services. You access and use them entirely at your own risk. You expressly relieve Evotrex from any and all liability arising from your use of any third-party website or service.
11.2
Linking to Evotrex. You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial purposes, provided such link does not portray Evotrex or its Products in a false, misleading, derogatory, or otherwise defamatory manner. This right is subject to the following strict guidelines:
a.
No Framing: You must not frame, in-line, or create a browser or border environment around any Evotrex content. You may link to, but not replicate, the Service content.
b.
No Trademark Use: You may not use any Evotrex logos, designs, trademarks, or service marks as part of the link without our express written permission.
c.
No Implied Affiliation: You must not misrepresent your relationship with Evotrex or imply that Evotrex endorses or sponsors your website or products.
d.
Content Standards: Your website must not contain content that could be construed as distasteful, offensive, controversial, or illegal.
11.3
Crawling and Archiving. The use of web crawlers, spiders, or other automated search tools is strictly governed by Section 3 (General Use of Services) and Section 10 (Additional Prohibited Conduct) of these Terms.
a.
Compliance: Where access is permitted (e.g., for public search engines or approved LLMs under Section 3 General Use of Services), such access must strictly comply with the instructions set forth in the robots.txt file of the Website, as well as any machine-readable restrictions (such as meta tags) and generally accepted industry standards for automated access (including reasonable request rates).
b.
Security Measures: Under no circumstances may any user or automated system circumvent security measures employed by Evotrex. Evotrex reserves the right to revoke linking or crawling permissions at any time without notice.
12.
Termination
12.1
Termination by Evotrex. Evotrex reserves the right to suspend or terminate your access to the Services (including your account) at any time without prior notice for the reasons below (without limitation to):
a.
Breach of the Terms or the Preorder Agreement;
b.
Fraudulent, illegal, or unauthorized use of the Services;
c.
Requests by law enforcement or other government agencies;
d.
Discontinuance or material modification of the Services; or
e.
Inactivity: Failure to log in or use your account for more than [12] consecutive months (provided, however, that this inactivity clause shall NOT apply to accounts linked to a validly registered Evotrex Trailer Ownership).
12.2
Termination by You. You may cancel your account at any time by submitting a written request to
support@evotrex.com. The cancellation will generally be processed within [10] business days.
12.3
Effect on Preorders: Please note that terminating your account does not automatically cancel any active Preorders or refund your deposit. Cancellations of Preorders are strictly governed by the Preorder Agreement and the procedures outlined in Section 4 (Preorders, Configuration, and Delivery).
12.4
Effect of Termination. Upon termination of your account or these Terms for any reason:
a.
Cessation of Rights: All licenses and rights granted to you under these Terms (including Section 9 Software License) shall immediately cease;
b.
Cease Use: You must immediately cease all use of the Services and uninstall/delete the Software from all devices; and
c.
No Liability: Evotrex shall not be liable to you or any third party for termination of your access to the Services.
12.5
Survival. The following sections shall survive any termination or expiration of these Terms:
a.
Section 4 (Preorders, Configuration, and Delivery) [to the extent obligations remain];
b.
Section 8 (Intellectual Property Rights);
c.
Section 12.6 (Data Retention);
d.
Section 13 (Disclaimer of Warranties);
e.
Section 14 (Indemnification);
f.
Section 15 (Limitation of Liability);
g.
Section 16 (Governing Law and Venue);
h.
Section 17 (Dispute Resolution);
i.
Section 18 (Miscellaneous); and
j.
Section 19 (Jurisdiction-Specific Terms).
12.6
Data Retention. After termination, Evotrex will retain your personal data only for the period necessary to fulfill the purposes outlined in our Privacy Policy (such as complying with legal obligations, resolving disputes, and enforcing our agreements). Thereafter, your data will be deleted or anonymized in accordance with applicable laws and the Privacy Policy.
13.
Disclaimer of Warranties
13.1
Services Provided "As Is". TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES (INCLUDING THE WEBSITE, APP, AND ANY CONTENT THEREIN) ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. EVOTREX, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
13.2
Hardware Warranty Exception. THE DISCLAIMERS IN THIS SECTION 13 APPLY TO YOUR USE OF THE DIGITAL SERVICES, THE APP AND THE LIKE. WARRANTIES REGARDING EVOTREX PRODUCTS ARE GOVERNED EXCLUSIVELY BY THE SEPARATE LIMITED WARRANTY PROVIDED WITH SUCH PRODUCTS OR THE PREORDER AGREEMENT. NOTHING IN THESE TERMS INTENDS TO DISCLAIM OR LIMIT ANY WARRANTIES EXPRESSLY GRANTED IN SUCH SEPARATE AGREEMENTS.
13.3
No Guarantee of Performance or Results. WITHOUT LIMITING THE FOREGOING, EVOTREX PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL:
a.
MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS;
b.
BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES;
c.
OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE; OR
d.
THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
13.4
Security and Content. EVOTREX DOES NOT WARRANT THAT THE SERVICES, THEIR SERVERS, THE CONTENT, OR EMAILS SENT FROM OR ON BEHALF OF EVOTREX ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS, OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND LINKED WEBSITES.
13.5
Jurisdictional Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER. THEREFORE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
13.6
AUSTRALIAN AND CANADIAN CONSUMERS: NOTHING IN THIS SECTION 13 IS INTENDED TO EXCLUDE, RESTRICT, OR MODIFY ANY STATUTORY WARRANTY, GUARANTEE, RIGHT, OR REMEDY THAT CANNOT BE LAWFULLY EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW OR CANADIAN CONSUMER PROTECTION LAWS. PLEASE SEE SECTION 19 FOR SPECIFIC RIGHTS APPLICABLE TO YOU.
14.
Indemnification
14.1
Your Responsibility. You agree to defend, indemnify, and hold harmless Evotrex, its parent company, affiliates, subsidiaries, and their respective officers, directors, employees, agents, and successors (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees) arising from or related to:
a.
Your Violation: Your breach of these Terms, the Preorder Agreement, or any applicable laws;
b.
Misuse: Your improper use of the Services or the App, including any unauthorized modification of Products firmware, circumventing safety limiters, or installation of unapproved third-party accessories;
c.
Content: Any User Contributions you post or, if you are a Referrer, any Promotional Content you publish (including claims of false advertising or IP infringement); or
d.
Third-Party Rights: Your violation of the rights of any third party, including privacy or intellectual property rights.
14.2
Defense Control. If we are sued due to your actions, we will notify you promptly. Evotrex reserves the right to take exclusive control over the legal defense of any claim subject to indemnification by you. In such cases, you agree to cooperate with our defense and pay for the associated legal costs. You must not settle any claim against Evotrex without our prior written consent.
15.
Limitation of Liability
15.1
Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOTREX (AND OUR AFFILIATES, OFFICERS, AND PARTNERS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF WE KNEW SUCH DAMAGES WERE POSSIBLE.
15.2
Monetary Cap on Liability. EXCEPT AS PROVIDED IN SECTION 15.3, OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:
a.
THE TOTAL AMOUNT YOU PAID TO EVOTREX FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR
b.
ONE THOUSAND U.S. DOLLARS ($1,000.00). (Note: Liability related to defects in Products is governed separately by your Purchase Agreement or Limited Warranty, not by this cap.)
15.3
Exceptions (Liability We Do Not Limit). NOTHING IN THESE TERMS EXCLUDES OR LIMITS EVOTREX'S LIABILITY FOR MATTERS THAT CANNOT BE LEGALLY EXCLUDED, INCLUDING:
a.
DEATH OR BODILY INJURY CAUSED BY OUR NEGLIGENCE OR DEFECTIVE PRODUCTS;
b.
FRAUD OR FRAUDULENT MISREPRESENTATION;
c.
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR
d.
ANY LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAWS.
15.4
JURISDICTIONAL EXCEPTION: FOR USERS IN CANADA and AUSTRALIA, THE LIMITATIONS IN THIS SECTION 15 (LIMITATION OF LIABILITY) MAY NOT APPLY TO CERTAIN TYPES OF DAMAGES (SUCH AS PERSONAL INJURY OR DAMAGES CAUSED BY GROSS NEGLIGENCE) WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW. SEE SECTION 19 (JURISDICTION-SPECIFIC TERMS) FOR DETAILS.
16.
Governing Law and Venue
16.1
Applicable Law. The Terms and your use of the Services are governed by the laws of the State of California, without regard to its conflict of laws principles. The interpretation and enforcement of the arbitration provisions in Section 17 (Dispute Resolution) are governed exclusively by the Federal Arbitration Act (FAA).
16.2
Venue for Litigation. For any dispute not subject to binding arbitration (as set forth in Section 17 Dispute Resolution), you and Evotrex agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California. You waive any objection to such jurisdiction or venue.
16.3
Consumer Rights Exception. If you are a consumer residing in a jurisdiction that legally prohibits the application of California law or the choice of a foreign venue, the mandatory consumer protection laws and courts of your place of residence shall apply to the extent required by law.
17.
Dispute Resolution
17.1
Mandatory Binding Arbitration. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for the specific exceptions in Section 17.2, you and Evotrex agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the Products (collectively, "Disputes") shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA"). You and Evotrex expressly waive the right to a trial by jury or to participate in a class action lawsuit.
17.2
Exceptions (Court Actions).
a.
Small Claims & IP: Either party may bring a lawsuit in court if the Dispute is brought in small claims court (within jurisdictional limits) or seeks solely injunctive relief to stop unauthorized use or abuse of the Services or intellectual property infringement.
b.
International Consumers: If you are a consumer residing in Canada or Australia, the mandatory arbitration provisions and class action waiver in this Section 17 do not apply to you. Instead, you may resolve disputes in the competent courts of your place of residence, as further detailed in Section 19.
17.3
Class Action Waiver. You and Evotrex agree that Disputes must be brought on an individual basis only. Neither party may bring a claim as a plaintiff or class member in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims unless you and Evotrex both agree in writing.
17.4
Arbitration Procedures.
a.
Rules: The arbitration will be governed by the AAA's Consumer Arbitration Rules.
b.
Location: It will be held in the county where you live (or Los Angeles, CA if you reside outside the U.S.), or virtually if we both agree.
c.
Costs: Evotrex will pay arbitration fees for claims totaling less than $10,000, unless the arbitrator determines your claim is frivolous. For claims above that amount, fees are governed by AAA Rules.
17.5
Mass Arbitration Protocols. To ensure efficient resolution if 100 or more similar claims are filed against Evotrex by the same or coordinated legal counsel ("Mass Filing"), the following special rules apply:
a.
Batching: Claims will be organized into batches of 100 claims per batch. The AAA will treat each batch as a single case with a single arbitrator and a unified schedule.
b.
Fee Cap: To prevent abuse, you and Evotrex agree to jointly request that the AAA shall charge only one set of filing and administrative fees per batch, rather than per individual claim.
c.
Abeyance: If there are too many claims to process at once, remaining claims will be placed on hold (paused), and the statute of limitations will be suspended until those claims can be assigned to a batch.
17.6
Right to Opt-Out. You may opt out of this arbitration agreement within 30 days of your first use of the Services. To do so, send an email to
support@evotrex.com with the subject "Arbitration Opt-Out" and include your account information, full name and address. Opting out does not affect your ability to use the Services.
18.
Miscellaneous
18.1
Entire Agreement and Hierarchy. These Terms, along with the Privacy Policy, Preorder Agreement, and Referral Program Terms, only if appliable, constitute the entire agreement between you and Evotrex. They supersede all prior understandings or agreements. If there is a conflict between the Terms and each individual agreement or terms, the individual agreement or terms shall prevail.
18.2
Force Majeure (Events Beyond Our Control). Evotrex will not be liable for any delay or failure to perform our obligations (other than your payment obligations) caused by events beyond our reasonable control ("Force Majeure Events"). These include, but are not limited to:
a.
Natural Disasters: Fire, flood, earthquake, or epidemics/pandemics;
b.
Civil Unrest: War, terrorism, riots, or government embargoes;
c.
Supply Chain: Global or regional shortages of critical components (specifically including semiconductors, batteries, and chipsets) or raw materials;
d.
Tech Failures: Cyberattacks, ransomware, or outages of third-party cloud infrastructure (e.g., AWS, Azure) not within our direct control; and
e.
Change of Law: Any change of law, regulation, or government order that prohibits or materially alters the performance of our Services.
(Note: We will try to resume performance as soon as reasonably possible once the event passes.)
18.3
Severability. If a court or arbitrator finds any part of these Terms illegal or unenforceable, the rest of the Terms will remain in full effect. The invalid part will be modified just enough to make it legal while keeping the original intent.
18.4
Assignment. You may not assign or transfer your rights or obligations under these Terms without our written consent. Evotrex may freely assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
18.5
No Waiver. If we fail to enforce a rule today, it does not mean we waive our right to enforce it tomorrow. Any waiver of these Terms must be in writing and signed by Evotrex.
18.6
California Civil Code Waiver. By participating the Program, you expressly waive California Civil Code Section 1542 (and any similar laws in other jurisdictions), which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party".
18.7
Export Control. You agree to comply with all U.S. and international export laws. You represent that you will not use, export, or re-export the Services or Products to any country, entity, or person prohibited by U.S. law.
18.8
Notices.
a.
From Us to You: We may notify you via email to the address on your account or by posting on the Website. Email notices are considered received immediately upon sending.
b.
From You to Us: You may send legal notices to
support@evotrex.com or our physical address listed on the Website. Notices are deemed received when we acknowledge receipt or 10 days after mailing to your physical address.
19.
Jurisdiction-Specific Terms
If you reside in one of the following jurisdictions, the provisions below apply to you and supersede any conflicting provisions in these Terms.
19.1
Canada
a.
Dispute Resolution: If you are a resident of Canada, the mandatory arbitration and class action waiver provisions in Section 17 (Dispute Resolution) do not apply to you. You may resolve disputes in the courts of your province of residence.
b.
Statutory Warranties: The disclaimers in Section 13 (Disclaimer of Warranties) do not affect your statutory rights and legal warranties under Canadian consumer protection laws.
c.
Language: The parties have expressly requested that these Terms be drawn up in English. Les parties ont expressément exigé que les présentes conditions soient rédigées en anglais.
19.2
Australia
a.
Consumer Guarantees: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the guarantees, rights, and remedies provided under the Competition and Consumer Act 2010 (Cth).
b.
Liability: To the extent permitted by law, our liability for a breach of a non-excludable guarantee is limited to the replacement or repair of the goods, or the supply of the services again.
c.
Termination: We will act reasonably and provide notice where possible before terminating your access under Section 12 (Termination).
20.
Contact Us
If you have any questions about the Terms or the Services, or if you wish to file a complaint, please contact us using the methods below:
Email Support: support@evotrex.com
Mailing Address: Evotrex, Inc. Attn: Customer Service, 1203 John Reed Ct City of Industry, CA 91745
For additional support resources, FAQs, or to manage your account settings, please visit our website at
www.evotrex.com.
