Terms of Service
General Terms
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION,” WHICH AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN THAT SECTION. THE SERVICE IS A GENERAL WELLNESS PRODUCT AND IS NOT A MEDICAL DEVICE. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICE.
By creating an account, accessing, or using EverMe or the EverMe app, you agree to be bound by these Terms & Conditions. These terms apply to the entire website and any related mobile app, as well as any communication between you and EverMe Wellness, Inc. (“EverMe” ).
Under no circumstances shall the EverMe team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if the EverMe team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
EverMe will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy at any moment.
License
EverMe grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Site and App strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and EverMe (referred to in these Terms & Conditions as “EverMe”, “us”, “we” or “our”), the provider of the EverMe website (the “Site”) and the EverMe app (the “App”) and the related services (which are collectively referred to in these Terms & Conditions as the “Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in these Terms & Conditions, every time any of these terms is referenced, it is strictly defined as:
Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to EverMe Wellness, Inc., 1521 Concord Pike, Suite 201 Wilmington, Delaware 19803 (D/B/A “EverMe”), which is the provider of the Service and your counterparty under these Terms & Conditions.
Country: the United States, where EverMe Wellness, Inc. is incorporated. EverMe also maintains operations in Canada.
Customer: refers to the company, organization or person that signs up to use the EverMe Service, including to manage relationships with that Customer’s consumers or service users.
Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit EverMe and use the Services.
IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
Personnel: refers to those individuals who are employed by EverMe or are under contract to perform a service on behalf of one of the parties.
Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Service: refers to the services provided by EverMe and accessible through our Site and App, and as described in the Terms and Conditions.
Third-Party Service: refers to a third party that provides services to us or that makes content, products, or services available through the Service.
You: a person or entity that is registered with EverMe to use the Services.
Eligibility
You must be at least 18 years of age to create an account or use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and that you have the legal capacity to enter into these Terms & Conditions. We may require you to verify your date of birth, and we may suspend or terminate any account we reasonably believe belongs to a person under 18.
Restrictions
You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Site/App or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Site/App.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of EverMe or its affiliates, partners, suppliers or the licensors of the Site/App.
Wellness Measurements and Health Data
The Service offers features that generate wellness measurements about you, which may use sensors on your device (including the camera), a connected device or wearable, information you enter, a third-party integration you authorize, or equipment made available at a partner location or event. We call this information, together with information you connect from third-party health and wellness sources, “Wellness Data.”
Wellness Data is collected only with your consent, or where it is necessary to provide a feature you have requested. Your consent to Wellness Data collection is separate from your acceptance of these Terms & Conditions, and you may withdraw it at any time in the settings menu of the App.
We do not sell Wellness Data, and we do not use it for advertising, retargeting, profiling, or data-brokerage purposes.
How we collect, use, store, and share Wellness Data, including which measurement features process information on your device and which transmit information to us or to a service provider, is described in our Privacy Policy and in any supplemental notice provided at the point of collection.
General Wellness Only; Not Medical Advice
The Service is a general wellness product intended to support your awareness of your own wellness over time. The Service is not a medical device, is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition, and is not a substitute for professional medical care. Wellness measurements, scores, ranges, and trends produced by the Service are estimates and may be inaccurate. You should not rely on them to make any medical decision, to detect or monitor any medical condition, or to decide whether to seek medical care. Always consult a qualified healthcare professional for diagnosis or treatment. If you believe you may be experiencing a medical emergency, call your local emergency number immediately.
Pricing, Subscriptions & Billing Data
EverMe offers subscription-based plans. Pricing details, free trial terms, and plan features are disclosed on our Site and within the App.
When you subscribe:
• We process limited billing information necessary to manage subscriptions
• Payment processing is handled by third-party providers
• EverMe does not store full payment card numbers
• Billing data is used solely for transactions, renewals, accounting, and customer support
Pricing-related data is never sold or used for advertising or profiling.
Customer Support & Communications
When you contact EverMe support, we collect the information you choose to share, such as your email address, account identifiers, and the content of your request.
Support data is used strictly to:
• Respond to inquiries
• Resolve technical or billing issues
• Improve Service qualitySupport communications are not used for marketing or profiling purposes.
Prohibited Abuse and Misuse
You may not abuse, interfere with, disrupt, or attempt to gain unauthorized access to the Services, whether as a free or paid user.
This includes, without limitation: (a) attempting to overwhelm, disable, or impair the Services (including denial-of-service or distributed denial-of-service attacks); (b) submitting malicious, misleading, or intentionally invalid data or requests (including malformed payloads, excessive requests, or automated scraping not authorized by us); (c) probing, scanning, or testing the vulnerability of any system or network connected to the Services; (d) exploiting or attempting to exploit any vulnerability, defect, or security weakness; or (e) circumventing or attempting to circumvent any security, access, rate-limiting, or usage controls.
We may suspend or terminate your access, and take any other action we deem appropriate, if we reasonably believe you have violated this section.
Refund Policy
EverMe follows Apple and Google Store refund policies since the subscription is managed through these partners:
• Apple App Store Refund Policy
• Google Play Refund Policy
Exceptions may be reviewed only in the following cases:
• Duplicate charges
• Technical billing errors
If you believe your situation qualifies for a refund or an exception, please contact us at support@everme.ai, and our team will review your request.
Your Consent
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our Site/App, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
These Terms & Conditions apply only to the Services. The Services may contain links to other websites not operated or controlled by EverMe. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
EverMe uses “Cookies” to identify the areas of our Site/App that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our Site/App but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the Site/App as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Site/App correctly or at all. We never place Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that EverMe may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at EverMe’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform EverMe when you stop using the Service. You acknowledge and agree that if EverMe disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications to Our Website and App
EverMe reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site/App or any service to which it connects, with or without notice and without liability to you.
Updates to Our Website and App
EverMe may from time to time provide enhancements or improvements to the features/ functionality of the Site/App, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Site/App. You agree that EverMe has no obligation to: (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Site/App to you. You further agree that all Updates will be: (i) deemed to constitute an integral part of the Site/App, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that EverMe shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. EverMe does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or EverMe.
EverMe may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from EverMe, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Site/App and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website and app and delete all copies of the website and app from your devices.Termination of this Agreement will not limit any of EverMe’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our Site/App constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold EverMe and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Site/App; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, EverMe, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site/App, 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. Without limitation to the foregoing, EverMe provides no warranty or undertaking, and makes no representation of any kind that the Site/App will meet your requirements, achieve any intended results, be compatible or work with any other software, Site/Apps, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, EverMe does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site/App, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website or app; or (iv) that the Site/App, its servers, the content, or e-mails sent from or on behalf of EverMe are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of EverMe and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service.
To the maximum extent permitted by applicable law, in no event shall EverMe or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if EverMe or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by EverMe on the Services, shall constitute the entire agreement between you and EverMe concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EverMe’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND EVERME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
EverMe reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site/App after any 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 EverMe.
Entire Agreement
The Agreement constitutes the entire agreement between you and EverMe regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and EverMe.
You may be subject to additional terms and conditions that apply when you access or purchase other EverMe services, which EverMe will provide to you at the time of such access or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Intellectual Property
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by EverMe, its licensors or other providers of such material and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of EverMe, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Dispute Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND EVERME TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS.
Scope. “Dispute” means any dispute, claim, action, or controversy between you and EverMe arising out of or relating to the Service, these Terms & Conditions, or the Privacy Policy, whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable theory, including claims that arose before you accepted these Terms. “Dispute” is to be given the broadest meaning permitted by law. This section does not apply to (a) claims for injunctive or equitable relief regarding the enforcement or validity of your or EverMe’s intellectual property rights, or (b) claims brought in small claims court, so long as the claim remains an individual claim in that court.
Federal Arbitration Act. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this section, including its procedural provisions, and preempts any state law or rule to the contrary.
Informal resolution. Before commencing arbitration, the party raising a Dispute must send the other a written Notice of Dispute setting out the sender’s name, address, and contact information, the facts giving rise to the Dispute, and the relief requested. You must send a Notice of Dispute to support@everme.ai. EverMe will send a Notice of Dispute to your account email address. The parties will attempt in good faith to resolve the Dispute informally for 60 days after the Notice of Dispute is sent. Either party may commence arbitration after that period. The statute of limitations and any filing-fee deadlines are tolled during the informal resolution period.
Binding arbitration. If the Dispute is not resolved informally, it will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, as modified by this section. The arbitration will be conducted by a single arbitrator. The seat of the arbitration is Wilmington, Delaware, but you may elect to have any in-person hearing take place in the county where you reside, or to have the arbitration conducted by telephone, videoconference, or on documents only. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
Fees. Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules and the AAA fee schedule. Each party bears its own attorneys’ fees and costs unless a statute or the arbitrator’s award provides otherwise. If EverMe is required to pay any fee, it will do so within the period specified by the AAA, and in no event later than 30 days after the fee is due.
CLASS ACTION WAIVER. YOU AND EVERME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING, WHETHER IN COURT OR IN ARBITRATION. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
JURY TRIAL WAIVER. YOU AND EVERME EACH WAIVE ANY RIGHT TO A JURY TRIAL ON ANY DISPUTE SUBJECT TO THIS SECTION.
Coordinated filings. If 25 or more similar Notices of Dispute are submitted by or with the assistance of the same law firm or coordinated group within a 90-day period, the parties will use the AAA Mass Arbitration Supplementary Rules. The claims will be grouped into batches of no more than 50, each batch will be assigned to a single arbitrator, and the parties will attempt to resolve the remaining claims by applying the outcomes of the initial batches. Filing fees for later batches are not due until the earlier batches are resolved. The statute of limitations is tolled for all claims in the queue.
30-day opt-out. You may opt out of this arbitration agreement and class action waiver by sending written notice within 30 days after you first accept these Terms & Conditions to support@everme.ai, stating your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out has no other effect on these Terms & Conditions or on your use of the Service, and EverMe will not retaliate against you for opting out.
Canadian residents. If you are a resident of Canada, the CLASS ACTION WAIVER paragraph above does not apply to you, and nothing in this section limits any right you may have under the consumer protection legislation of your province or territory to bring or participate in a class proceeding or to file a complaint with a regulator.
Severability and survival. If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction, and all other claims will proceed in arbitration. If any other provision of this section is found unenforceable, it will be severed and the remainder of this section will continue in effect. This section survives termination of these Terms & Conditions.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of EverMe without any compensation or credit to you whatsoever. EverMe and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
EverMe may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Governing Law and Forum
These Terms & Conditions and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs the Dispute Resolution section. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any Dispute not subject to arbitration, you and EverMe consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware, and each party waives any objection to that venue.
Nothing in this section deprives you of the protection of any mandatory consumer protection law of the jurisdiction in which you reside, or of the right to bring proceedings in the courts of that jurisdiction where that right cannot be waived.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of EverMe. EverMe will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. EverMe operates the Service from the United States and Canada. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the EverMe Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the EverMe Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and EverMe concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
EverMe is not responsible for any content, code or any other imprecision. EverMe does not provide warranties or guarantees. In no event shall EverMe be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. The Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. EverMe is a distributor and not a publisher of the content supplied by third parties; as such, EverMe exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the EverMe Service. Without limiting the foregoing, EverMe specifically disclaims all warranties and representations in any content transmitted on or in connection with the EverMe Service or on sites that may appear as links on EverMe or the EverMe app , or in the products provided as a part of, or otherwise in connection with, the Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by EverMe or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, EverMe does not warrant that the Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don’t hesitate to contact us if you have any questions.Via Email: support@everme.ai
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION,” WHICH AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN THAT SECTION. THE SERVICE IS A GENERAL WELLNESS PRODUCT AND IS NOT A MEDICAL DEVICE. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICE.
By creating an account, accessing, or using EverMe or the EverMe app, you agree to be bound by these Terms & Conditions. These terms apply to the entire website and any related mobile app, as well as any communication between you and EverMe Wellness, Inc. (“EverMe” ).
Under no circumstances shall the EverMe team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if the EverMe team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
EverMe will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy at any moment.
License
EverMe grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Site and App strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and EverMe (referred to in these Terms & Conditions as “EverMe”, “us”, “we” or “our”), the provider of the EverMe website (the “Site”) and the EverMe app (the “App”) and the related services (which are collectively referred to in these Terms & Conditions as the “Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in these Terms & Conditions, every time any of these terms is referenced, it is strictly defined as:
Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to EverMe Wellness, Inc., 1521 Concord Pike, Suite 201 Wilmington, Delaware 19803 (D/B/A “EverMe”), which is the provider of the Service and your counterparty under these Terms & Conditions.
Country: the United States, where EverMe Wellness, Inc. is incorporated. EverMe also maintains operations in Canada.
Customer: refers to the company, organization or person that signs up to use the EverMe Service, including to manage relationships with that Customer’s consumers or service users.
Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit EverMe and use the Services.
IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
Personnel: refers to those individuals who are employed by EverMe or are under contract to perform a service on behalf of one of the parties.
Personal Data: any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.
Service: refers to the services provided by EverMe and accessible through our Site and App, and as described in the Terms and Conditions.
Third-Party Service: refers to a third party that provides services to us or that makes content, products, or services available through the Service.
You: a person or entity that is registered with EverMe to use the Services.
Eligibility
You must be at least 18 years of age to create an account or use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and that you have the legal capacity to enter into these Terms & Conditions. We may require you to verify your date of birth, and we may suspend or terminate any account we reasonably believe belongs to a person under 18.
Restrictions
You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Site/App or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Site/App.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of EverMe or its affiliates, partners, suppliers or the licensors of the Site/App.
Wellness Measurements and Health Data
The Service offers features that generate wellness measurements about you, which may use sensors on your device (including the camera), a connected device or wearable, information you enter, a third-party integration you authorize, or equipment made available at a partner location or event. We call this information, together with information you connect from third-party health and wellness sources, “Wellness Data.”
Wellness Data is collected only with your consent, or where it is necessary to provide a feature you have requested. Your consent to Wellness Data collection is separate from your acceptance of these Terms & Conditions, and you may withdraw it at any time in the settings menu of the App.
We do not sell Wellness Data, and we do not use it for advertising, retargeting, profiling, or data-brokerage purposes.
How we collect, use, store, and share Wellness Data, including which measurement features process information on your device and which transmit information to us or to a service provider, is described in our Privacy Policy and in any supplemental notice provided at the point of collection.
General Wellness Only; Not Medical Advice
The Service is a general wellness product intended to support your awareness of your own wellness over time. The Service is not a medical device, is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition, and is not a substitute for professional medical care. Wellness measurements, scores, ranges, and trends produced by the Service are estimates and may be inaccurate. You should not rely on them to make any medical decision, to detect or monitor any medical condition, or to decide whether to seek medical care. Always consult a qualified healthcare professional for diagnosis or treatment. If you believe you may be experiencing a medical emergency, call your local emergency number immediately.
Pricing, Subscriptions & Billing Data
EverMe offers subscription-based plans. Pricing details, free trial terms, and plan features are disclosed on our Site and within the App.
When you subscribe:
• We process limited billing information necessary to manage subscriptions
• Payment processing is handled by third-party providers
• EverMe does not store full payment card numbers
• Billing data is used solely for transactions, renewals, accounting, and customer support
Pricing-related data is never sold or used for advertising or profiling.
Customer Support & Communications
When you contact EverMe support, we collect the information you choose to share, such as your email address, account identifiers, and the content of your request.
Support data is used strictly to:
• Respond to inquiries
• Resolve technical or billing issues
• Improve Service qualitySupport communications are not used for marketing or profiling purposes.
Prohibited Abuse and Misuse
You may not abuse, interfere with, disrupt, or attempt to gain unauthorized access to the Services, whether as a free or paid user.
This includes, without limitation: (a) attempting to overwhelm, disable, or impair the Services (including denial-of-service or distributed denial-of-service attacks); (b) submitting malicious, misleading, or intentionally invalid data or requests (including malformed payloads, excessive requests, or automated scraping not authorized by us); (c) probing, scanning, or testing the vulnerability of any system or network connected to the Services; (d) exploiting or attempting to exploit any vulnerability, defect, or security weakness; or (e) circumventing or attempting to circumvent any security, access, rate-limiting, or usage controls.
We may suspend or terminate your access, and take any other action we deem appropriate, if we reasonably believe you have violated this section.
Refund Policy
EverMe follows Apple and Google Store refund policies since the subscription is managed through these partners:
• Apple App Store Refund Policy
• Google Play Refund Policy
Exceptions may be reviewed only in the following cases:
• Duplicate charges
• Technical billing errors
If you believe your situation qualifies for a refund or an exception, please contact us at support@everme.ai, and our team will review your request.
Your Consent
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our Site/App, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
These Terms & Conditions apply only to the Services. The Services may contain links to other websites not operated or controlled by EverMe. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
EverMe uses “Cookies” to identify the areas of our Site/App that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our Site/App but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the Site/App as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Site/App correctly or at all. We never place Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that EverMe may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at EverMe’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform EverMe when you stop using the Service. You acknowledge and agree that if EverMe disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications to Our Website and App
EverMe reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site/App or any service to which it connects, with or without notice and without liability to you.
Updates to Our Website and App
EverMe may from time to time provide enhancements or improvements to the features/ functionality of the Site/App, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Site/App. You agree that EverMe has no obligation to: (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Site/App to you. You further agree that all Updates will be: (i) deemed to constitute an integral part of the Site/App, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that EverMe shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. EverMe does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or EverMe.
EverMe may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from EverMe, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Site/App and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website and app and delete all copies of the website and app from your devices.Termination of this Agreement will not limit any of EverMe’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our Site/App constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold EverMe and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Site/App; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, EverMe, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site/App, 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. Without limitation to the foregoing, EverMe provides no warranty or undertaking, and makes no representation of any kind that the Site/App will meet your requirements, achieve any intended results, be compatible or work with any other software, Site/Apps, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, EverMe does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site/App, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website or app; or (iv) that the Site/App, its servers, the content, or e-mails sent from or on behalf of EverMe are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of EverMe and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service.
To the maximum extent permitted by applicable law, in no event shall EverMe or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if EverMe or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by EverMe on the Services, shall constitute the entire agreement between you and EverMe concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EverMe’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND EVERME AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
EverMe reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site/App after any 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 EverMe.
Entire Agreement
The Agreement constitutes the entire agreement between you and EverMe regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and EverMe.
You may be subject to additional terms and conditions that apply when you access or purchase other EverMe services, which EverMe will provide to you at the time of such access or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Intellectual Property
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by EverMe, its licensors or other providers of such material and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of EverMe, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Dispute Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND EVERME TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION AND LIMITS THE WAY YOU CAN SEEK RELIEF. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS.
Scope. “Dispute” means any dispute, claim, action, or controversy between you and EverMe arising out of or relating to the Service, these Terms & Conditions, or the Privacy Policy, whether based in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable theory, including claims that arose before you accepted these Terms. “Dispute” is to be given the broadest meaning permitted by law. This section does not apply to (a) claims for injunctive or equitable relief regarding the enforcement or validity of your or EverMe’s intellectual property rights, or (b) claims brought in small claims court, so long as the claim remains an individual claim in that court.
Federal Arbitration Act. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this section, including its procedural provisions, and preempts any state law or rule to the contrary.
Informal resolution. Before commencing arbitration, the party raising a Dispute must send the other a written Notice of Dispute setting out the sender’s name, address, and contact information, the facts giving rise to the Dispute, and the relief requested. You must send a Notice of Dispute to support@everme.ai. EverMe will send a Notice of Dispute to your account email address. The parties will attempt in good faith to resolve the Dispute informally for 60 days after the Notice of Dispute is sent. Either party may commence arbitration after that period. The statute of limitations and any filing-fee deadlines are tolled during the informal resolution period.
Binding arbitration. If the Dispute is not resolved informally, it will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, as modified by this section. The arbitration will be conducted by a single arbitrator. The seat of the arbitration is Wilmington, Delaware, but you may elect to have any in-person hearing take place in the county where you reside, or to have the arbitration conducted by telephone, videoconference, or on documents only. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
Fees. Payment of filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules and the AAA fee schedule. Each party bears its own attorneys’ fees and costs unless a statute or the arbitrator’s award provides otherwise. If EverMe is required to pay any fee, it will do so within the period specified by the AAA, and in no event later than 30 days after the fee is due.
CLASS ACTION WAIVER. YOU AND EVERME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING, WHETHER IN COURT OR IN ARBITRATION. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
JURY TRIAL WAIVER. YOU AND EVERME EACH WAIVE ANY RIGHT TO A JURY TRIAL ON ANY DISPUTE SUBJECT TO THIS SECTION.
Coordinated filings. If 25 or more similar Notices of Dispute are submitted by or with the assistance of the same law firm or coordinated group within a 90-day period, the parties will use the AAA Mass Arbitration Supplementary Rules. The claims will be grouped into batches of no more than 50, each batch will be assigned to a single arbitrator, and the parties will attempt to resolve the remaining claims by applying the outcomes of the initial batches. Filing fees for later batches are not due until the earlier batches are resolved. The statute of limitations is tolled for all claims in the queue.
30-day opt-out. You may opt out of this arbitration agreement and class action waiver by sending written notice within 30 days after you first accept these Terms & Conditions to support@everme.ai, stating your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out has no other effect on these Terms & Conditions or on your use of the Service, and EverMe will not retaliate against you for opting out.
Canadian residents. If you are a resident of Canada, the CLASS ACTION WAIVER paragraph above does not apply to you, and nothing in this section limits any right you may have under the consumer protection legislation of your province or territory to bring or participate in a class proceeding or to file a complaint with a regulator.
Severability and survival. If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction, and all other claims will proceed in arbitration. If any other provision of this section is found unenforceable, it will be severed and the remainder of this section will continue in effect. This section survives termination of these Terms & Conditions.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of EverMe without any compensation or credit to you whatsoever. EverMe and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
EverMe may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Governing Law and Forum
These Terms & Conditions and any Dispute are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs the Dispute Resolution section. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any Dispute not subject to arbitration, you and EverMe consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware, and each party waives any objection to that venue.
Nothing in this section deprives you of the protection of any mandatory consumer protection law of the jurisdiction in which you reside, or of the right to bring proceedings in the courts of that jurisdiction where that right cannot be waived.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of EverMe. EverMe will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. EverMe operates the Service from the United States and Canada. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the EverMe Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the EverMe Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and EverMe concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
EverMe is not responsible for any content, code or any other imprecision. EverMe does not provide warranties or guarantees. In no event shall EverMe be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice. The Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. EverMe is a distributor and not a publisher of the content supplied by third parties; as such, EverMe exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the EverMe Service. Without limiting the foregoing, EverMe specifically disclaims all warranties and representations in any content transmitted on or in connection with the EverMe Service or on sites that may appear as links on EverMe or the EverMe app , or in the products provided as a part of, or otherwise in connection with, the Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by EverMe or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, EverMe does not warrant that the Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don’t hesitate to contact us if you have any questions.Via Email: support@everme.ai
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