Terms of Service
Our Terms of Service establish the legal agreement between you and Evolvoom.io. These terms govern your use of our services and protect both parties' rights and responsibilities.
Acceptance of Terms
By accessing or using Evolvoom.io (the "Service"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
Company Information:
Evolvoom.io
1111b South Governors Avenue Ste 34868
Dover, Delaware 19904
Email: hello@evolvoom.io
Description of Service
Evolvoom.io provides an AI-powered customer retention system for Shopify brands, including:
Automated cart abandonment recovery
Customer behavior analysis and insights
Email and SMS marketing automation
AI-powered customer engagement tools
Integration with Shopify stores via API
Account Registration and Security
3.1 Account Creation
You must provide accurate and complete information when creating an account
You are responsible for maintaining the confidentiality of your login credentials
You must notify us immediately of any unauthorized access to your account
3.2 Account Responsibility
You are fully responsible for all activities under your account
One account per organization/business entity
Sharing login credentials outside your organization is prohibited
Subscription Plans and Billing
4.1 Subscription Tiers
Beginner: $98/month
Intermediate: $250/month
Enterprise: Contact sales for custom pricing
4.2 Usage-Based Charges
In addition to subscription fees, you will incur usage-based charges for third-party services:
Text Messages: $0.0083 per segment
Email Communications: $0.000675 per email
AI Conversations: $0.02 per message
These charges are billed separately and paid directly to our service providers.
4.3 Billing Terms
Subscription fees are billed monthly in advance
Usage charges are billed based on actual consumption
All fees are due immediately upon billing
Failed payments may result in service suspension
You are responsible for applicable taxes
Refund Policy
5.1 30-Day Refund Window
Subscription fees are refundable within the first 30 days after a charge has occurred
After 30 days, all fees are non-refundable, except where required by law
5.2 Additional Refund Circumstances
Refunds may also be granted in cases of:
Duplicate billing
Proven technical errors that prevent access to the service
5.3 Cancellation
Canceling a subscription stops future billing
Cancellation does not generate a refund for the current billing period unless it falls under the 30-day window
Users may cancel at any time through their billing portal
Service Availability and Performance
6.1 Uptime Target
We strive for 99% uptime but make no guarantee of uninterrupted or error-free service
Scheduled maintenance may cause temporary downtime with advance notice when possible
6.2 Third-Party Dependencies
We are not liable for outages or service disruptions caused by third-party providers, including:
Stripe (payment processing)
Twilio (SMS services)
Shopify (e-commerce platform)
OpenAI (AI services)
LeadConnector (email services)
GoHighLevel (automation platform)
Internet service providers
User Responsibilities and Prohibited Conduct
7.1 Acceptable Use
Users agree to use the Service only for lawful purposes and in accordance with these Terms.
7.2 Prohibited Activities
Users agree NOT to:
Use the platform for illegal, harmful, or abusive activities
Interfere with or disrupt the service, servers, or networks
Share login credentials outside their organization or attempt to gain unauthorized access
Reverse engineer, copy, or resell Evolvoom.io without written permission
Spam, harass, or mislead end customers using Evolvoom.io's communication tools
Violate any applicable laws, regulations, or third-party rights
Upload malicious code, viruses, or harmful content
Exceed reasonable usage limits or abuse system resources
Impersonate others or provide false information
7.3 Compliance Responsibility
You are responsible for ensuring your use of the Service complies with:
All applicable laws and regulations
Email marketing laws (CAN-SPAM, GDPR, etc.)
SMS/text messaging regulations
Shopify's Terms of Service and policies
Intellectual Property Rights
8.1 Evolvoom.io Property
The Service, including all software, content, and technology, is owned by Evolvoom.io
These Terms grant you a limited, non-exclusive, non-transferable license to use the Service
You may not copy, modify, distribute, or create derivative works of our Service
8.2 Your Data
You retain ownership of your business data and customer information
You grant us the right to process your data solely to provide the Service
We do not claim ownership of your content or customer data
Privacy and Data Protection
Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.
Account Termination
10.1 Termination by User
You may terminate your account at any time through your billing portal
Termination stops future billing but does not refund current billing period fees
You remain responsible for all charges incurred before termination
10.2 Termination by Evolvoom.io
We reserve the right to suspend or terminate accounts immediately if:
Payment fails or is not resolved within the stated grace period
A user violates these Terms, applicable laws, or harms the service/network
There is evidence of fraud, abuse, or use beyond intended limits
We decide to discontinue the service, with prior notice where possible
10.3 Effect of Termination
Upon termination:
Your access to the Service will cease immediately
Your data may be deleted in accordance with our Privacy Policy
You remain liable for all charges incurred before termination
Provisions that should survive termination will remain in effect
Limitation of Liability
11.1 Service Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2 Liability Limits
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Our total liability is limited to the fees you paid in the last 12 months
We are not liable for indirect, incidental, special, consequential, or punitive damages
We are not liable for loss of profits, data, or business opportunities
We are not liable for third-party service outages or failures
11.3 Force Majeure
We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.
Indemnification
You agree to indemnify, defend, and hold harmless Evolvoom.io and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
Your use of the Service
Your violation of these Terms
Your violation of any applicable laws or regulations
Your customer communications sent through our Service
Dispute Resolution and Governing Law
13.1 Binding Arbitration
Any disputes arising out of or relating to these Terms or the use of Evolvoom.io will be resolved by binding arbitration under the rules of the American Arbitration Association (AAA).
13.2 Arbitration Terms
Arbitration will take place in Delaware
The decision of the arbitrator will be final and enforceable in court
Users waive the right to bring or participate in class actions or jury trials
Each party will bear their own costs and attorney fees unless otherwise awarded
13.3 Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
13.4 Exceptions to Arbitration
Either party may seek injunctive relief in court to protect intellectual property rights or prevent irreparable harm.
Modifications to Terms
14.1 Right to Modify
We reserve the right to modify these Terms at any time. When we make material changes:
We will provide notice through the Service or via email
Changes will become effective 30 days after notice
Continued use of the Service constitutes acceptance of modified Terms
14.2 Rejection of Changes
If you do not agree to modified Terms, you must discontinue use of the Service and may terminate your account.
General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Evolvoom.io regarding the Service.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
15.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
15.4 Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign these Terms without restriction.
15.5 Survival
Provisions that by their nature should survive termination will survive, including payment obligations, liability limitations, indemnification, and dispute resolution.
Contact Information
For questions about these Terms of Service:
Email: hello@evolvoom.io
Address: 1111b South Governors Avenue Ste 34868, Dover, Delaware 19904
For legal matters, please include "Legal - Terms of Service" in your subject line.
Important Notice:
These Terms of Service are legally binding. Please read them carefully. If you do not understand any provision, consult with legal counsel before using the Service..
