Terms of Service

1. Definitions

The following capitalized terms have the meanings set out below:

Company; We; Us; Our

Evolve Energy LLC, a Georgia limited liability company.

You; Your

The individual or entity accessing or using the Website.

Website

The website at evolveenergy.tech, including all pages, content, and the contact form.

Content

All text, graphics, logos, images, design, layout, and code displayed on or comprising the Website.

Intellectual Property Rights

Patent rights (including, without limitation, patent applications and disclosures), inventions, copyrights, trade secrets, know-how, data and database rights, mask work rights, trademarks, service marks, trade names, and any other intellectual property rights recognized in any country or jurisdiction in the world.

Solution(s)

Any software product or service we offer separately from the Website, currently including Rosalina, AsBuilt, and Dojo Tiger, and any future products we may launch or rebrand. Each Solution is governed by its own terms; these Terms do not apply to Solutions.

Solution Terms

The terms of service, end-user license agreement, master subscription agreement, or similar instrument that governs a particular Solution.

Submission

Any information you submit through the contact form or other communication channel on the Website.

2. Use of the Website

2.1 Access

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Website for personal or legitimate business purposes. We may modify, suspend, or discontinue any part of the Website at any time without notice. We may modify these Terms at any time as described in Section 13.7.

2.2 Acceptable use restrictions

You will not, and will not permit any third party to:

• use the Website in any manner beyond the scope of rights expressly granted in these Terms;
• modify or create derivative works of the Website or its Content, in whole or in part;
• reverse-engineer, disassemble, decompile, decode, scrape, or otherwise attempt to derive source code or non-public structure from any part of the Website;
• resell, frame, mirror, rent, lease, or otherwise redistribute the Website or its Content to any third party;
• use the Website in any manner that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any person, or that violates any applicable law;
• interfere with or disrupt the integrity, performance, or security of the Website, or any data or content contained therein or transmitted thereby, including through any denial-of-service attempt or attempt to evade or interfere with our rate-limiting controls;
• access or use the Website through any automated tool (including bots, crawlers, scrapers, agents, or automated AI systems) at high volume, except for compliant search-engine crawling consistent with our publicly posted robots.txt;
• use the Website or its Content for benchmarking, competitive analysis, model training, or as input to any artificial intelligence or machine-learning system, except where we have agreed to such use in writing; or
• submit false, misleading, or impersonating information through the contact form, or use it to send unsolicited commercial messages, malware, or content that is unlawful, threatening, defamatory, harassing, or otherwise objectionable.

2.3 Submissions and feedback

If you submit suggestions, comments, ideas, or feedback regarding the Website, our Solutions, or our business (collectively, “Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without obligation or compensation to you.

You will not submit through the Website any information that you regard as confidential, proprietary, trade-secret, or otherwise sensitive unless we have separately agreed in writing to maintain it as such. See Section 6 (Confidential Information).

2.4 Reservation of rights

The license granted to you in Section 2.1 is the only license granted under these Terms. All rights in and to the Website and its Content not expressly granted to you are reserved by us and our licensors. No license is granted by implication, estoppel, exhaustion, or otherwise.

3. Umbrella; Relationship to Solutions

We may add, change, rename, or discontinue Solutions at any time. The current list of Solutions is available on the Website. Statements about Solutions on the Website are forward-looking only with respect to functionality not yet generally available, and we make no commitment to deliver any specific feature, integration, or roadmap item described on the Website.

4. Intellectual Property

The Website and all Content on it, including all design, text, graphics, logos, marks, layout, and code, are owned by Evolve Energy LLC or its licensors and are protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual-property laws.

The Evolve Energy name and logo, and the names and logos of each Solution (Rosalina, AsBuilt, and Dojo Tiger), are trademarks of Evolve Energy LLC. You may not use these trademarks, or any confusingly similar marks, without our prior written permission. All goodwill arising from any authorized use inures solely to our benefit.

All rights in and to the Website, its Content, and any related intellectual property not expressly granted to you in these Terms are reserved by us and our licensors. No license to any of our intellectual property is granted by implication, estoppel, exhaustion, or otherwise.

5. Third-Party Links and Services

The Website may link to or reference third-party websites, services, products, or content (collectively, “Third-Party Properties”), including pages for individual Solutions and our presence on platforms such as GitHub. Third-Party Properties are not under our control. We provide such links and references for convenience only and do not endorse or assume responsibility for any Third-Party Property. Your access to and use of any Third-Party Property is at your own risk and subject to the terms, conditions, and privacy policies of that property.

6. Confidential Information

We do not exchange Confidential Information with you through the Website by default. The Website’s contact form is not a confidential channel; please do not submit information you consider confidential, proprietary, trade-secret, or otherwise sensitive through it.

If you submit a message through the contact form that includes information you would prefer we treat as confidential, we will use commercially reasonable efforts to limit access to that message to personnel with a need to know it for the purpose of responding to you. However, no confidentiality, non-use, or non-disclosure obligations will arise from your use of the Website unless we separately agree in writing — for example, by signing a mutual non-disclosure agreement before further discussions.

Information that is or becomes generally available to the public through no act or failure to act on our part, that we already knew or developed independently, or that we receive from a third party without confidentiality obligations, is not confidential and is not subject to this Section.

7. Privacy

Our collection and use of personal information through the Website is described in our Privacy Policy, which is incorporated into these Terms by reference.

8. Disclaimers

We use commercially reasonable efforts consistent with prevailing industry standards to maintain the Website in a manner that minimizes errors and interruptions. The Website may be temporarily unavailable due to scheduled maintenance, unscheduled emergency downtime, or circumstances beyond our reasonable control. We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components, and we may modify or discontinue the Website at any time without notice.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EVOLVE ENERGY LLC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Information on the Website (including statements about Solutions, capabilities, integrations, pricing, and roadmap items) is provided for general informational purposes only and is not a representation, warranty, or contractual commitment. Statements describing forward-looking functionality may change at our discretion and without notice.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent any such exclusion is held unenforceable in your jurisdiction, our warranties will be limited to the maximum extent permitted by applicable law.

9. Limitation of Liability

9.1 Exclusion of damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVOLVE ENERGY LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF INCOME, DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

9.2 Aggregate cap

IN NO EVENT WILL THE AGGREGATE LIABILITY OF EVOLVE ENERGY LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00), REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

9.3 Basis of the bargain

You acknowledge and agree that the limitations of liability in this Section 9 are an essential part of the basis of the bargain between you and us, and that they will apply even if any remedy provided under these Terms is found to fail of its essential purpose.

9.4 Jurisdictional carve-out

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain damages. To the extent that any limitation in this Section 9 is held unenforceable in your jurisdiction, our liability will be limited to the maximum extent permitted by applicable law.

10. Indemnification

You will indemnify, defend, and hold harmless Evolve Energy LLCand its affiliates, officers, directors, employees, agents, and licensors (collectively, the “Indemnified Parties”) from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your access to or use of the Website in violation of these Terms or any applicable law;
• any content or information you submit through the Website, including through the contact form; or
• your violation of any third party’s rights, including intellectual-property, privacy, publicity, or contractual rights.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any claim subject to indemnification without our prior written consent.

11. Term and Termination

These Terms remain in effect while you use the Website. We may suspend or terminate your access to the Website at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms.

Sections that by their nature should survive termination — including Sections 4 (Intellectual Property), 6 (Confidential Information), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law; Venue), and 13 (General Provisions) — will survive termination of these Terms. Termination of these Terms does not affect any Solution Terms you have separately accepted.

12. Governing Law; Venue

These Terms are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any legal action or proceeding arising out of or related to these Terms or your use of the Website will be brought exclusively in the federal or state courts located in Fulton County, Georgia, USA (currently the U.S. District Court for the Northern District of Georgia for federal matters and the corresponding Georgia state courts within the same venue for state matters), and you irrevocably consent to the personal jurisdiction and venue of those courts.

13. General Provisions

13.1 Entire Agreement

These Terms (together with the Privacy Policy and any Solution Terms applicable to a Solution you separately accept) constitute the entire agreement between you and us regarding your use of the Website and supersede all prior or contemporaneous agreements, communications, and understandings on that subject, whether written or oral.

13.2 Notices

We may give notice to you by posting on the Website or, if we have your email address, by sending it to that address. You may give notice to us by emailing contact@evolveenergy.tech or by writing to us at Evolve Energy LLC, Roswell, GA. Email notice is deemed delivered when sent (absent a bounceback). Mailed notice is deemed delivered three (3) business days after posting via certified mail, return receipt requested.

13.3 Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. No waiver of any provision of these Terms will be effective unless it is in writing and signed by an authorized representative of Evolve Energy LLC.

13.4 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, given the fundamental intentions of the parties, and the remaining provisions of these Terms will remain in full force and effect.

13.5 Assignment

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. Any attempt to do so without our consent will be void. We may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets or business. Subject to the foregoing, these Terms bind and benefit the parties and their respective successors and permitted assigns.

13.6 Force Majeure

Any failure or delay by us in the performance of our obligations under these Terms will not be deemed a default or breach of these Terms to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial-of-service attacks, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the United States or any nation where our obligations are to be performed, strikes, supplier or hosting-provider failure, lockouts, labor difficulties, or any similar cause beyond our reasonable control.

13.7 Updates to these Terms

We may update these Terms from time to time. Updated Terms will be posted on the Website with a revised “Last updated” date. If we make material changes, we will highlight them on the Website for a reasonable period before they take effect. Your continued use of the Website after the effective date of updated Terms constitutes your acceptance of those updated Terms.

13.8 Relationship of the parties

The relationship between you and us under these Terms is that of independent parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales-representative, or employment relationship between you and us. Neither party will have the power or authority to bind the other or to incur any obligations on the other’s behalf.

13.9 No third-party beneficiaries

No provision of these Terms is intended to confer any rights, benefits, remedies, obligations, or liabilities under these Terms on any person other than you and us and our respective successors and permitted assigns.

13.10 Counterparts; electronic acceptance

These Terms may be accepted electronically by your access to or use of the Website, as described above. Where these Terms or any related agreement is executed in counterparts (for example, a separately negotiated addendum), each counterpart is deemed an original, and all counterparts together constitute one and the same agreement.

13.11 Equitable relief

You acknowledge that a breach or threatened breach by you of Sections 2.2 (Acceptable use), 2.3 (Submissions and feedback), 4 (Intellectual Property), or 6 (Confidential Information) would cause us irreparable harm for which monetary damages may not be an adequate remedy. Accordingly, we will be entitled to seek immediate equitable relief, including injunctive relief and specific performance, in addition to any other remedies available at law or in equity, without any requirement to post a bond or other security.

14. Contact

Questions about these Terms? Contact us:

• Email: contact@evolveenergy.tech
• Postal mail: Evolve Energy LLC, Roswell, GA