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Terms of Use

Effective Date:
Current Version
Archived Version
About This Document: These Terms of Use ("Terms") govern access to and use of all Evolution Global websites, products, platforms, and services. They replace and supersede the prior Website Terms of Use (evolution.global), Website Terms of Use (ftevolve.com), Website Terms of Use (app.conversation-insurance.com), and the usage provisions of the prior Support Terms, all effective October 1, 2023 and March 8, 2024 respectively. Pricing and support fee structures are governed separately by the applicable Master Subscription Agreement.

Welcome to Evolution Global. Please read these Terms carefully before using any Evolution Global website, product, platform, or service. By accessing or using any Evolution Global property, you agree to be legally bound by these Terms. If you do not accept these Terms, do not use any Evolution Global product or service.

You represent to Evolution Global that you are at least 18 years of age and lawfully able to enter into contracts. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity. "You" as used in these Terms includes both you personally and any entity you represent. You and Evolution Global are collectively the "Parties."

Part I — General Terms

Section 1

Who We Are and Scope

Evolution Global, Inc. ("Evolution Global," "we," "our," or "us") is a Texas-based insurance technology company headquartered at 6713 Old Jacksonville Highway, Suite 103, Tyler, Texas 75703. These Terms govern your access to and use of all Evolution Global properties, including:

  • Our websites, including evolution.global, ftevolve.com, and related subdomains
  • FileTrac and FileTrac Evolve — our claims management platform
  • ELIAS AI — our AI-powered claims intelligence assistant
  • AdjusterIQ — our adjuster workspace and professional profile platform
  • Conversation Insurance — our professional community platform at app.conversation-insurance.com and through iOS and Android mobile applications
  • iQnect Events — our virtual events platform powered by vFairs, through which attendees may register, purchase tickets, and attend virtual industry events, and through which companies may participate as sponsors
  • Any other Evolution Global product, service, or application that links to or incorporates these Terms

Collectively, all of the above are referred to as the "Evolution Global Properties" or "Properties."

Section 2

Age Requirement

All Evolution Global Properties are intended exclusively for individuals aged 18 and older. We do not knowingly collect or process information from individuals under 18. If we become aware that a person under 18 has created an account or provided information, we will take steps to remove that information and terminate their access. If you believe a minor has accessed our Properties, please contact us at [email protected].

Section 3

Relationship to Other Agreements

3.1 Master Subscription Agreement

These Terms govern general use of the Evolution Global Properties. If you are a paying subscriber to FileTrac, FileTrac Evolve, ELIAS AI, or AdjusterIQ, your subscription is additionally governed by the Evolution Global Master Subscription Agreement ("MSA"), currently available at evolution.global/legal/msa, or such other written agreement as may be separately executed between you and Evolution Global. In the event of a conflict between these Terms and the MSA, the MSA controls with respect to the subscription services.

3.2 Acceptable Use Policy

Your use of all Evolution Global Properties is subject to the Evolution Global Acceptable Use Policy ("AUP"), currently available at evolution.global/legal/acceptable-use, which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the AUP, the AUP controls with respect to prohibited uses.

3.3 Privacy Policy

Your use of all Evolution Global Properties is subject to the Evolution Global Privacy Policy, currently available at evolution.global/legal/privacy-policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and protect your personal information.

3.4 Community Standards

Your participation in Conversation Insurance is additionally governed by the Evolution Global Community Standards, available at evolution.global/legal/ci-community-standards.

Section 4

Evolution Global Content and Intellectual Property

The Evolution Global Properties contain HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship, software, and other content (collectively, "Content") of Evolution Global or its licensors ("Evolution Global Content"). The Properties, including all Evolution Global Content, are protected by copyright, trademark, trade secret, and other applicable laws. As between you and Evolution Global, Evolution Global owns and retains all rights in the Properties and the Evolution Global Content.

Evolution Global hereby grants you a limited, revocable, non-sublicensable license to access, display, and use the Evolution Global Content solely for your personal, non-commercial use and solely as necessary to access and use the Properties. Except as expressly permitted by Evolution Global in these Terms, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works from, publish, broadcast, transmit, distribute, perform, display, sell, or otherwise use or transfer any Evolution Global Content. You may not remove, alter, bypass, or circumvent any copyright, trademark, or other proprietary notice, or any digital rights management mechanism associated with any Evolution Global Content.

Section 5

Trademarks

The trademarks, logos, and service marks ("Marks") displayed on the Evolution Global Properties are the property of Evolution Global or third parties. This includes but is not limited to Evolution Global, FileTrac, FileTrac Evolve, ELIAS AI, AdjusterIQ, Conversation Insurance, iQnect Events, and the Ark Alliance Foundation marks. You are not permitted to use any of these Marks without the prior written consent of Evolution Global or the applicable third party.

Section 6

Your Content

By posting, displaying, publishing, or making available any content on an Evolution Global Property (other than personal information subject to the Privacy Policy), you hereby grant Evolution Global a perpetual, worldwide, nonexclusive, royalty-free, sublicensable license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer, and otherwise use without restriction all or any part of such content.

This license is subject to the following limitations: (a) to the extent any content constitutes or contains personal data as defined under applicable data protection law (including GDPR), the irrevocable and perpetual nature of this license is limited — Evolution Global will honor valid erasure requests under applicable law with respect to the personal data component of such content, and the license terminates with respect to personal data upon a confirmed valid erasure request; (b) the irrevocable and perpetual grant applies only to anonymized or aggregated content that cannot be linked to any identifiable individual; and (c) insurance claim records and associated data processed through FileTrac, FileTrac Evolve, ELIAS AI, and AdjusterIQ are governed by the retention and erasure provisions of the Privacy Policy Section 11.2 and the MSA, not by this content license.

You represent and warrant that you own or have all necessary rights to the content you submit, that it does not infringe any third-party intellectual property rights, and that it complies with these Terms and all applicable laws. Evolution Global is not responsible for any content you or other users submit and reserves the right to remove any content that violates these Terms.

Section 7

Acceptable Use

Your use of all Evolution Global Properties is governed by the Acceptable Use Policy referenced in Section 3.2. Without limiting the AUP, you agree not to use the Properties to: engage in any activity that is unlawful, harmful, fraudulent, or deceptive; violate the intellectual property rights of others; transmit malicious code; attempt to gain unauthorized access to any system or network; engage in any activity that disrupts or interferes with the Properties; scrape, harvest, or collect data from the Properties without authorization; or impersonate any person or entity.

Evolution Global is not responsible or liable for any user content or conduct on the Properties. If you become aware of any misuse, please report it immediately to [email protected].

Section 8

Compliance with Laws and Export Controls

You represent that in agreeing to and performing under these Terms, you are not violating and will not violate any applicable governmental laws, rules, regulations, or orders ("Applicable Laws"). Without limiting the foregoing, you represent that you shall:

  • Comply with Applicable Laws relating to anti-bribery and anti-corruption, including the U.S. Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010
  • Comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control, and other governmental entities imposing export controls and trade sanctions ("Export Laws")
  • Not directly or indirectly export, re-export, or otherwise deliver any Evolution Global software, content, or services to a Sanctions Target, or broker, finance, or otherwise facilitate any transaction in violation of Export Laws

You represent that you are not a Sanctions Target and are not prohibited from receiving Evolution Global software, content, or services under any Applicable Law, including Export Laws.

Section 9

Third-Party Services and Integrations

The Evolution Global Properties may make available, or third parties may provide, links to other websites, applications, resources, advertisements, content, or other products or services ("Third-Party Services"). When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Evolution Global, and you do so at your own risk.

Evolution Global is not responsible for, and makes no warranties regarding, Third-Party Services or their providers, including the accuracy or completeness of information provided or the privacy practices of any third party. Inclusion of any Third-Party Service or link thereto does not imply approval or endorsement. Evolution Global is not responsible or liable for the content or practices of any Third-Party Service, even if it links to or is linked by an Evolution Global Property.

ELIAS AI integrates with external systems including claims management platforms, carrier portals, and industry tools through secure, API-only connections. These integrations are authorized by you and your organization. The data practices of integrated third-party systems are governed by those systems' terms, not these Terms.

Section 10

Privacy

Please review the Evolution Global Privacy Policy, available at evolution.global/legal/privacy-policy, to understand our information collection, use, and disclosure practices. For AI-specific data handling, including our zero data retention commitments with foundation model providers, see Section 15 of these Terms and the Privacy Policy Section 9.

Section 11

Electronic Communications

When you visit an Evolution Global Property or send us emails, you are communicating with Evolution Global electronically and consent to receive communications from Evolution Global electronically. Evolution Global will communicate with you by email or by posting notices on the Properties. You agree that all agreements, notices, disclosures, and other communications that Evolution Global provides to you electronically satisfy any legal requirement that such communications be in writing.

Section 12

Termination and Monitoring

If you violate these Terms, Evolution Global may suspend or terminate your access to any or all Evolution Global Properties. This right applies even if a breach is committed unintentionally or without your authorization, if Evolution Global believes suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security, or property of Evolution Global, its customers, or third parties.

Evolution Global reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Properties. Evolution Global has the right in its sole discretion to edit, refuse to post, or remove any content that violates these Terms. Evolution Global may report suspected violations of law to appropriate law enforcement authorities, regulators, or other appropriate third parties, which may include disclosing relevant user data. Evolution Global may cooperate with law enforcement agencies to help with the investigation and prosecution of illegal conduct.

Part II — Product-Specific Terms

Section 13

FileTrac and FileTrac Evolve

FileTrac and FileTrac Evolve are professional claims management platforms for use by licensed insurance adjusters, independent adjusting firms, carriers, and third-party administrators. Access is authenticated and requires an active account.

13.1 Authorized Use

FileTrac and FileTrac Evolve are licensed for use solely in connection with legitimate insurance claims management activities. You may not use these platforms for any purpose unrelated to insurance claims processing, or in any manner that would violate applicable insurance regulations, state licensing laws, or carrier guidelines.

13.2 Claims Data

You are solely responsible for the accuracy, completeness, and lawfulness of all claim data, policyholder information, and documentation you submit to FileTrac or FileTrac Evolve. Evolution Global processes this data as a service provider on your behalf. You represent that you have all necessary rights, consents, and authorizations to submit such data to our platforms.

13.3 FileTrac Legacy

FileTrac Legacy is accessible exclusively through the FileTrac Evolve interface. There is no direct access to FileTrac Legacy systems outside of the FileTrac Evolve platform. All terms applicable to FileTrac Evolve apply equally to access of FileTrac Legacy data through the Evolve interface.

13.4 API Access

Use of the FileTrac Claim Service API is subject to these Terms, the AUP, and any API-specific documentation provided by Evolution Global. API credentials are issued per organization and may not be shared across organizations. You are responsible for all activity conducted using your API credentials. Unauthorized API access, credential sharing, and automated scraping are strictly prohibited.

Section 14

AdjusterIQ

AdjusterIQ is a professional adjuster workspace and profile platform, currently in beta. AdjusterIQ stores adjuster professional credentials, licensing history, certifications, and career data.

14.1 Professional Data Accuracy

You are responsible for the accuracy of all professional information you enter into AdjusterIQ, including license numbers, licensing states, certifications, and employment history. Evolution Global does not independently verify the accuracy of adjuster credentials entered into the platform. Submission of false or misleading professional credentials is a material breach of these Terms and may constitute fraud under applicable law.

14.2 Beta Status

AdjusterIQ is currently offered as a beta product. Beta products are provided "as is" without the availability commitments, SLA guarantees, or support obligations that apply to generally available products. Evolution Global reserves the right to modify, suspend, or discontinue AdjusterIQ at any time during the beta period with or without notice. Beta participants acknowledge these limitations by using the product.

Section 15

ELIAS AI — Specific Terms of Use

ELIAS AI is an AI-powered claims intelligence assistant that uses conversational artificial intelligence to assist licensed adjusters with claim analysis, document review, estimate assistance, and workflow management. Use of ELIAS AI is subject to the following additional terms.

15.1 Professional Tool — Not a Licensed Professional

ELIAS AI is a tool to support licensed adjuster judgment. It is not a licensed insurance professional, attorney, or financial advisor. No ELIAS AI output constitutes legal, regulatory, coverage, or professional advice. You and your organization are solely responsible for all claim decisions, adjustments, and actions taken in connection with ELIAS AI outputs. ELIAS AI outputs must be reviewed and approved by a licensed adjuster before being applied to any claim record.

15.2 Zero Data Retention

ELIAS AI uses Claude (Anthropic) as its primary foundation model, with OpenAI and Google Gemini as backup providers. All three are engaged under enterprise agreements that include zero data retention (ZDR) provisions. Data submitted to the AI layer is processed in memory only and is not retained, stored, or used to train any model by the provider after the response is returned. These protections are contractual obligations, not optional settings. See the Privacy Policy Section 9 for full details.

15.3 Audit Logging

Every ELIAS AI session is fully logged within Evolution Global's own infrastructure, including session identifiers, timestamps, authenticated user identity, model routing, input hashes, output records, human review actions, and attribution records (Origin, Executor, Authority). These logs are maintained for compliance, audit, and integrity purposes and are not accessible to third parties except as required by law or as authorized by your organization.

15.4 Four Levels of AI Involvement

ELIAS AI operates within four defined autonomy levels: Manual (adjuster acts, ELIAS informs), Instructed (adjuster directs, ELIAS executes with confirmation), Delegated (ELIAS acts within pre-approved organizational rules, flags exceptions), and Automated (routine low-risk tasks handled end-to-end with full logging). Your organization configures the applicable autonomy level. ELIAS AI respects those boundaries absolutely.

15.5 Ark Alliance Certified Integrity Standard

ELIAS AI is built to comply with the Ark Alliance Certified Integrity Standard (CIS), governed by the Ark Alliance Foundation, an independent nonprofit. Every confirmed AI output is hashed and locked to an immutable Golden Record. You agree not to attempt to circumvent, alter, or manipulate the CIS hash integrity mechanism.

15.6 No Autonomous Action

ELIAS AI does not and may not take autonomous action on any claim record without explicit human review and approval. Any configuration, integration, or use of ELIAS AI that bypasses the human review requirement is a material breach of these Terms. Evolution Global reserves the right to immediately suspend access in the event of such a breach.

15.7 Prohibited AI Uses

You may not use ELIAS AI to: generate fraudulent claim documentation; manipulate, alter, or "scrub" claim data to understate damage or improperly reduce claim values; produce outputs intended to deceive policyholders, carriers, or regulators; attempt to adversarially probe, jailbreak, or manipulate the AI system; or use AI outputs as a substitute for licensed professional judgment on coverage determinations.

Section 16

Conversation Insurance

Conversation Insurance is a professional community platform for P&C insurance industry members, available at app.conversation-insurance.com and through iOS and Android mobile applications. Conversation Insurance is operated by Evolution Global on the Mighty Networks Pro platform (Mighty Software, Inc.).

16.1 Community Membership

Conversation Insurance is a free professional community. Membership does not constitute a subscription to any paid Evolution Global product and is not governed by the MSA. These Terms govern your use of Conversation Insurance in full.

16.2 Mighty Networks Platform

Conversation Insurance is delivered through the Mighty Networks Pro platform. In the GDPR context, Evolution Global is the Data Controller and Mighty Networks is a Data Processor under a Data Processing Agreement. Mighty Networks has completed a SOC 2 audit (available under NDA), is GDPR and CCPA compliant, and hosts all data on Amazon Web Services. Mighty Networks collects your IP address and mobile device ID for its own operational purposes only; all other data is processed on Evolution Global's behalf.

16.3 Community Conduct

Your participation in Conversation Insurance is governed by the Evolution Global Community Standards, available at evolution.global/legal/ci-community-standards. By joining Conversation Insurance, you agree to engage professionally, accurately, and respectfully. Prohibited conduct includes impersonation of licensed professionals, submission of fraudulent credentials or fabricated claim information, harassment of other members, commercial solicitation without authorization, and any conduct that violates applicable insurance regulations.

16.4 Professional Representation

By joining Conversation Insurance, you represent that you are a current or former licensed insurance adjuster, claims professional, carrier or TPA employee, or other P&C insurance industry participant. Evolution Global does not independently verify member credentials, but reserves the right to remove any member whose professional representations are found to be materially false.

16.5 Mobile Applications

The Conversation Insurance iOS and Android applications are delivered through the Mighty Networks platform. By using the mobile applications, you agree to the terms of use applicable to your device's app store (Apple App Store or Google Play). The mobile applications may request access to your GPS location to facilitate connections between members in your geographic area. Location access is optional and may be disabled through your device settings at any time.

16.6 User Content in the Community

By posting content in Conversation Insurance, you grant Evolution Global and Mighty Networks the license described in Section 6 of these Terms. You are solely responsible for the accuracy and lawfulness of all content you post. Do not post confidential claim information, personally identifiable information of policyholders or claimants, proprietary carrier information, or any other information you are not authorized to share publicly.

Section 17

iQnect Events

iQnect Events is Evolution Global's virtual events platform, powered by vFairs, through which Evolution Global hosts virtual conferences, seminars, and industry events for the P&C insurance community. iQnect Events is open to all P&C insurance industry professionals and is not restricted to Evolution Global account holders or subscribers.

17.1 Event Registration and Tickets

Attendees may register for iQnect Events and purchase tickets through the event registration portal. Ticket purchases are processed through Stripe, Inc. as Evolution Global's payment processor, and are subject to the payment terms in Section 10 of these Terms. Ticket sales are generally final; refund policies, if any, are stated at the time of purchase for each specific event.

AdjusterIQ members receive one complimentary ticket to applicable iQnect Events as a membership benefit. The specific events and terms of the complimentary ticket are communicated through the AdjusterIQ platform. Complimentary tickets are non-transferable and subject to event availability.

17.2 Sponsorships

Companies may participate in iQnect Events as sponsors. Sponsorship opportunities, pricing, and terms are governed by a separate Sponsorship Agreement executed between Evolution Global and the sponsoring entity. These Terms apply to a sponsor's access to and use of the iQnect Events platform and any Evolution Global Properties in connection with a sponsorship, but the Sponsorship Agreement governs the commercial relationship.

17.3 vFairs Platform

iQnect Events is delivered through the vFairs virtual events platform. By attending or participating in an iQnect Event, you acknowledge that your access to the virtual event environment is subject to vFairs' platform terms and privacy practices in addition to these Terms. Evolution Global is not responsible for vFairs' platform availability, performance, or data practices.

17.4 Event Content and Conduct

All content presented at iQnect Events, including presentations, panel discussions, and sponsor materials, is provided for informational and professional development purposes only. Nothing presented at an iQnect Event constitutes legal, regulatory, insurance, or professional advice. Evolution Global reserves the right to remove any attendee or sponsor from an event for conduct that violates these Terms, the Evolution Global Acceptable Use Policy, or the published event code of conduct.

17.5 Intellectual Property at Events

Presentation materials, recordings, and other content produced by Evolution Global for iQnect Events are the intellectual property of Evolution Global. Attendee recordings of event sessions without prior written consent are prohibited. Sponsors retain ownership of their own submitted materials but grant Evolution Global a license to display such materials in connection with the applicable event.

Part III — Support Terms

Section 18

Support Plans and Service Levels

Evolution Global provides support to authorized users of FileTrac and FileTrac Evolve in accordance with the applicable support plan. Support is currently provided in English only. Pricing and fees for support plans are set forth in the applicable Master Subscription Agreement.

18.1 Definitions

TermDefinition
Business Hours9:00 AM – 5:00 PM (EDT/EST) Monday through Friday, excluding holidays. Current observed holidays: Martin Luther King Day, Presidents' Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving week, and Christmas/New Year's week. Holidays subject to change based on conditions.
IncidentA failure of the Service to perform in material conformance with the MSA, applicable SOW, and Documentation.
ResolutionEvolution Global has either (a) corrected the Incident so that the Services perform in material conformance with the MSA and Documentation, or (b) determined the reported Incident was the result of an Exception.
WorkaroundA configuration change, manual procedure, or other measure designed to regain intended or previously functioning features and functionality, but that does not provide a complete Resolution.

18.2 Support Tiers

Evolution Global offers three support tiers: Basic, Business, and Enterprise. Response time commitments by incident type are as follows:

Incident TypeBasic — Initial Response
Business Critical (Total failure or inability to access Service)Every response within 4 hours
Degraded Service (Partial failure; some features unavailable)Initial response within 12 Business Hours
General Issue (Non-critical technical issues, how-to questions, feature requests)Initial response within 48 Business Hours
Feature Guidance (Non-technical questions about features; does not include Training)Not available

18.3 Self-Help Resources

Evolution Global provides the following self-help resources, which do not constitute Support under these Terms:

Customers are responsible for evaluating any guidance found through self-help options.

18.4 Support Channels

Evolution Global support is powered by Intercom, including Fin AI — an AI-powered support assistant available 24 hours a day, 7 days a week — for immediate triage, ticket submission, and resolution of common issues. Human support agents are available during Business Hours for escalations and issues requiring live assistance. Phone support is available during Business Hours for Business and Enterprise customers. Support requests may be submitted through the following channels:

Business and Enterprise customers also have access to a dedicated Global Connect Team and scheduled calls with the support team. Enterprise customers additionally receive priority escalation handling, quarterly support ticket reviews, and quarterly development roadmap meetings.

Section 19

Support Exclusions

Support plans do not include the following:

  • Free and pre-commercial services — any services provided without charge, or any alpha, beta, or other pre-commercial releases of an Evolution Global product, service, or feature
  • Billing questions — billing inquiries should be directed to [email protected] or your applicable customer success representative
  • Support plan modifications — support plans may be modified from time to time by Evolution Global, provided that the level of support will not materially decrease during the applicable Order Term

Customer's sole and exclusive remedy for any alleged failure by Evolution Global to provide support with reasonable skill, care, and diligence following a support request shall be re-performance of the applicable support.

Part IV — Legal Provisions

Section 20

Disclaimers

THE EVOLUTION GLOBAL PROPERTIES AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY EVOLUTION GLOBAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

EVOLUTION GLOBAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED, OR MADE AVAILABLE ON THE PROPERTIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE OF THE PROPERTIES; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROPERTIES; (IV) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (V) ANY AI-GENERATED OUTPUT THAT IS RELIED UPON WITHOUT APPROPRIATE HUMAN REVIEW BY A LICENSED PROFESSIONAL.

Nothing in these Terms limits any rights you may have under consumer protection or data protection law that cannot be excluded by contract.

Section 21

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL EVOLUTION GLOBAL, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE EVOLUTION GLOBAL PROPERTIES; AND (B) EVOLUTION GLOBAL'S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS SET FORTH IN SECTION 21.1 BELOW. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

21.1 Liability Caps by User Type

User TypeAggregate Liability Cap
Paid Subscribers (FileTrac, FileTrac Evolve, ELIAS AI, AdjusterIQ)The greater of (a) fees paid to Evolution Global in the 12 months preceding the event giving rise to liability, or (b) fees received in the 180-day period prior to the date that liability first arises, for the portion of the Services giving rise to liability. This mirrors the liability framework in the applicable MSA.
iQnect Events Ticket PurchasersThe ticket purchase price paid for the specific event giving rise to liability.
iQnect Events SponsorsFees paid under the applicable Sponsorship Agreement for the specific event giving rise to liability.
Free Users (Conversation Insurance members, website visitors, iQnect Events free registrants)One hundred U.S. dollars ($100).

21.2 Exceptions

The limitations in Section 21 do not apply to: (i) either party's gross negligence, willful misconduct, or fraud; (ii) Evolution Global's indemnification obligations; (iii) your breach of the intellectual property provisions of these Terms; (iv) any liability that cannot be excluded or limited by applicable law; or (v) any liability arising under applicable data protection law, including GDPR statutory penalties or CCPA/CPRA private rights of action, that cannot be excluded or limited by contract. The $100 limitation applicable to free users does not restrict any rights or remedies available to data subjects under applicable data protection law.

Section 22

Indemnification

You agree to defend, indemnify, and hold harmless Evolution Global, its affiliates, and their respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of any Evolution Global Property; (b) your breach of these Terms, including any Evolution Global policy incorporated by reference; (c) your violation of any applicable law; (d) any content that you post, upload, or cause to interface with the Properties; or (e) any fraudulent, false, or misleading professional credentials or claim data you submit to any Evolution Global Property.

Section 23

Intellectual Property — DMCA

Evolution Global respects intellectual property rights and expects users to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.

23.1 DMCA Takedown Notices

If you believe that any material on an Evolution Global Property infringes your copyright, please send a notification of claimed infringement to our Copyright Agent including: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material and its location (URL); (c) your contact information including address, telephone number, and email address; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner; and (f) your physical or electronic signature.

23.2 Counter Notifications

To file a counter notification, provide to our Copyright Agent: (a) a description of the material Evolution Global has removed or to which it has disabled access; (b) your contact information and a statement consenting to jurisdiction in the Federal District Court for your address location (or the Eastern District of Texas if your address is outside the United States); (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and (d) your physical or electronic signature.

Evolution Global's Copyright Agent: Copyright Agent, Evolution Global, Inc., Attn: Legal, 6713 Old Jacksonville Highway, Suite 103, Tyler, TX 75703. Email: [email protected]. Evolution Global reserves the right to terminate the access of repeat infringers.

Section 24

U.S. Government Rights

The Evolution Global Properties are provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" with the same rights and restrictions generally applicable to the Properties. If you are using the Properties on behalf of the U.S. Government and these Terms fail to meet the U.S. Government's needs or are inconsistent with federal law, you must immediately discontinue use. The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

Section 25

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding an Evolution Global Property, please contact Evolution Global by writing to: Evolution Global, Inc., Attn: Legal, 6713 Old Jacksonville Highway, Suite 103, Tyler, TX 75703, or by calling Evolution Global at 888-717-1730. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.

Section 26

Employment Opportunities

Evolution Global may from time to time post employment opportunities on the Properties or invite users to submit resumes or professional information. If you submit your name, contact information, resume, or other personal information in response to such postings, you authorize Evolution Global to use this information for all lawful and legitimate hiring, employment, and business purposes. Evolution Global reserves the right to forward such information to its affiliates for their legitimate business purposes. Nothing in these Terms constitutes a promise by Evolution Global to review any such information, or to contact, interview, or employ any individual who submits it.

Section 27

Global Availability and Canadian Operations

Evolution Global controls the Properties from its Tyler, Texas, USA offices. If you use any Evolution Global Property from other locations, you are responsible for compliance with local Applicable Laws. Evolution Global makes no representation that the products and services referenced on the Properties are appropriate or available worldwide.

Evolution Global provides a PIPEDA-compliant service configuration for Canadian companies processing Canadian claims. Under this configuration, data is processed on Evolution Global's primary US infrastructure and a fully functional backup is maintained in Canada to satisfy PIPEDA requirements for Canadian data subjects on Canadian claims. This configuration is available upon written request to [email protected], regardless of subscription tier, and is not the default service architecture.

This PIPEDA configuration applies specifically to Canadian claims data. Canadian companies that manage US claims through Evolution Global are subject to US legal requirements governing insurance claims data, including requirements that such data be processed and maintained in the United States. US claims data is not eligible for the Canadian backup configuration. Customers with operations in both Canada and the United States should contact [email protected] to establish the correct configuration for each claims jurisdiction.

Section 28

Modifications to These Terms

Evolution Global may modify these Terms at any time by posting a revised version at evolution.global/legal/termsofuse. Material changes will be communicated to active users by email or in-platform notification at least 14 days before taking effect. Your continued access to or use of any Evolution Global Property following the effective date of any revision constitutes acceptance of the revised Terms, to the extent permitted by applicable law. Prior versions of these Terms are archived and accessible via the version selector on the Terms of Use page.

Section 29

Governing Law and Dispute Resolution

These Terms will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Texas, United States, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Tyler, Texas (Smith County), USA, and the Parties expressly consent to personal jurisdiction and venue in those courts. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

This governing law provision does not limit any rights you may have under applicable data protection law in your jurisdiction.

Section 30

Miscellaneous

These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter hereof and supersede all prior proposals, oral or written communications, and other agreements relating to that subject matter, except as otherwise set forth in Section 3. In the event any information posted on the Properties conflicts with any provision of these Terms, the applicable provision of these Terms shall control. These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Evolution Global. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Evolution Global's prior written consent. Evolution Global may assign, transfer, or sublicense any of its rights or obligations without restriction. The failure of Evolution Global to exercise or enforce any condition, term, or provision will not operate as a waiver. If any provision of these Terms is held invalid or unenforceable, the remainder shall continue in full force and effect. Evolution Global will not be responsible for failures to fulfill any obligations due to causes beyond its reasonable control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

Section 31

Contact

Please contact Evolution Global with any questions regarding these Terms:

Contact TypeDetails
Legal Inquiries[email protected]
Compliance Inquiries[email protected]
Support[email protected]
MailEvolution Global, Inc., Attn: Legal
6713 Old Jacksonville Highway, Suite 103
Tyler, Texas 75703
Phone+1 888-717-1730
Trust Centerevolution.global/trust-center
This is an archived versionYou are viewing the Website Terms of Use that was in effect from October 1, 2023 through May 31, 2026. View the current version (June 1, 2026) →

Effective 10/1/2023

Welcome to evolution.global (together with any related websites, the "Site"). The Site is owned and operated by Evolution Global, Inc. ("Evolution Global"). Please read these Terms of Use ("Terms") carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content (defined below).

You represent to Evolution Global that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that "you" as used in these Terms includes both you personally and the entity you represent. You and Evolution Global are collectively referred to as the "Parties" and each is a "Party."

Master Subscription Agreement: These Terms do not govern the use of the hosted application and infrastructure monitoring service as well as other services (the "Service") operated by Evolution Global. If you are accessing or using the Service – even if you are doing so through a free trial – then you are subject to Evolution Global's Master Subscription Agreement (currently available at evolution.global/legal/msa) or such other written contract as may be separately agreed and signed between you and Evolution Global.
Section 1

Evolution Global Content

The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, "Content") of Evolution Global or its licensors ("Evolution Global Content"). The Site (including the Evolution Global Content) is protected by copyright, trademark, trade secret and other laws; and as between you and Evolution Global, Evolution Global owns and retains all rights in the Site and the Evolution Global Content. Evolution Global hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the Evolution Global Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by Evolution Global in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Evolution Global Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Evolution Global Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Evolution Global Content.

Section 2

Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Evolution Global or other third parties. You are not permitted to use these Marks without the prior written consent of Evolution Global or such third party.

Section 3

Third-Party Services

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties ("Third-Party Services"), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with Evolution Global, and you do so at your own risk. Evolution Global is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. Evolution Global is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

Section 4

Privacy

Please review Evolution Global's Privacy Policy for the Site ("Privacy Policy"), available at evolution.global/legal/privacy-policy to learn about Evolution Global's information collection, usage and disclosures practices with respect to information collected by Evolution Global through the Site.

Section 5

Your Content

By posting, displaying, publishing or making available for download or use any Content on the Site (other than personal information that is subject to the Privacy Policy), you hereby grant Evolution Global a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such Content.

Section 6

Acceptable Use

Your use of the Site is subject to Evolution Global's Acceptable Use Policy available at evolution.global/legal/acceptable-use. Evolution Global is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to Evolution Global at [email protected].

Section 7

Compliance with Laws

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site ("Applicable Laws"). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions ("Export Laws"), including designating countries, entities and persons ("Sanctions Targets"); and (c) not directly or indirectly export, re-export or otherwise deliver any Evolution Global software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving Evolution Global software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.

Section 8

Global Availability

Evolution Global controls the Site from its Tyler, TX, USA offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. Evolution Global makes no representation that the products and services referenced herein are appropriate, or available, worldwide.

Section 9

Indemnity

You agree to defend, indemnify and hold harmless Evolution Global, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any Evolution Global policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

Section 10

Disclaimers

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY EVOLUTION GLOBAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EVOLUTION GLOBAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER EVOLUTION GLOBAL'S CONTROL.

Section 11

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL EVOLUTION GLOBAL, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL EVOLUTION GLOBAL'S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Section 12

Responsibility for End Users

You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms applies to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.

Section 13

Employment Opportunities

Evolution Global may, from time to time, post employment opportunities on the Site and/or invite users to submit resumes to Evolution Global. If you choose to submit your name, contact information, resume and/or other personal information to Evolution Global in response to such employment listings, you are authorizing Evolution Global to use this information for all lawful and legitimate hiring, employment and other business purposes. Evolution Global also reserves the right, at its discretion, to forward such information to Evolution Global's affiliates for their legitimate business purposes. Nothing in these Terms or contained on the Site will constitute a promise by Evolution Global to review any such information, or to contact, interview or employ any individual who submits such information.

Section 14

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Evolution Global's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Evolution Global to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit Evolution Global to contact you, including an address, telephone number and, if available, an email address; (d) the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law"; (e) the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and (f) your physical or electronic signature.

To file a counter notification with Evolution Global, please provide the following information to Evolution Global's Copyright Agent: (a) a description of the material that Evolution Global has removed or to which Evolution Global has disabled access; (b) information reasonably sufficient to permit Evolution Global to contact you, including an address, telephone number and, if available, an email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Southern District of New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person; (c) the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and (d) your physical or electronic signature.

Evolution Global's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Evolution Global, Inc., Attn: Legal, 6713 Old Jacksonville Highway, Suite 103, Tyler, TX 75703. Evolution Global's Copyright Agent for notification of claimed infringement can also be reached electronically at: [email protected]. Evolution Global reserves the right to terminate infringers' and suspected infringers' access to or use of the Site.

Section 15

U.S. Government Rights

The Site is provided to the U.S. Government as "commercial items," "commercial computer software," "commercial computer software documentation," and "technical data" with the same rights and restrictions generally applicable to the Site. If you are using the Site on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, you must immediately discontinue use of the Site. The terms listed above are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

Section 16

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Evolution Global does not currently charge any fees for access and use of the Site. If you have a question or complaint regarding the Site, please contact Evolution Global by writing to: Evolution Global, Inc., Attn: Legal, 6713 Old Jacksonville Highway, Suite 103, Tyler, TX 75703, or by calling Evolution Global at 888-717-1730. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.

Section 17

Termination and Monitoring

If you violate these Terms, Evolution Global may suspend or terminate your use of the Site. Evolution Global's right to suspend or terminate your use of Site applies even if a breach is committed unintentionally or without your authorization if Evolution Global believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of Evolution Global, its customers or third parties.

Evolution Global reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. Evolution Global has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that Evolution Global finds to be in violation of these Terms. Evolution Global may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. Evolution Global also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.

Section 18

Electronic Communications

When you visit the Site or send emails to Evolution Global, you are communicating with Evolution Global electronically; and you consent to receive communications from Evolution Global electronically. Evolution Global will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Evolution Global provides to you electronically satisfy any legal requirement that such communications be in writing.

Section 19

Modifications

Evolution Global may modify these Terms at any time by posting a revised version on the Site. By accessing the Site, you agree to the latest version of these Terms.

Section 20

Governing Law

This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of New York, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Suffolk County, New York, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.

Section 21

Miscellaneous

These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Evolution Global. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Evolution Global's express prior written consent. Evolution Global may assign, transfer or sublicense all or any of Evolution Global's rights or obligations under these Terms without restriction. The failure of Evolution Global to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Evolution Global of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Evolution Global will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

Section 22

Contact

Please contact Evolution Global at [email protected] with any questions regarding these Terms.