Terms of Service

Effective November 9, 2026

These Terms of Service (the "Terms") are a binding agreement between Velocinator LLC, a New Mexico limited liability company doing business as evolveAB ("Evolve", "we", "us"), and the business or other legal entity that accepts them ("Customer", "you"). They govern Customer's access to and use of the Evolve Cloud service and related offerings under the evolveAB brand.

You accept these Terms by clicking to accept them, by signing an Order Form that references them, or by using the Service. If you accept on behalf of an organisation, you confirm that you have authority to bind it. The Service is for business use only. It is not offered to consumers, and you may not use it for personal, family or household purposes.

#1. Definitions

1.1 "Affiliate" means an entity that controls, is controlled by, or is under common control with a party, where "control" means owning more than 50% of the voting interests.

1.2 "Agreement" means these Terms, the Data Processing Agreement at /legal/dpa (the "DPA"), and any Order Forms.

1.3 "AI Features" means the parts of the Service that use third-party machine-learning models to generate or evaluate content. This includes variant suggestions, brand profiles, automated judging of suggestions, and autopilot.

1.4 "AI Output" means content the AI Features generate for Customer, such as proposed copy variants.

1.5 "Authorized User" means an employee, contractor or agent of Customer or its Affiliates whom Customer allows to use the Service under Customer's account.

1.6 "Beta Service" means any feature, version or plan described as alpha, beta, preview, early access, private beta or invite-only. This includes the Service as a whole while it is offered as an invite-only private beta.

1.7 "Customer Application" means any website or application operated by or for Customer in which the SDK is installed.

1.8 "Customer Data" means data that Customer, its Authorized Users or a Customer Application submit to the Service. It includes configuration, goal definitions, region schemas and control copy, aggregate statistics, public page text that the Service fetches from a Customer Application, prompts built from that data, and Authorized Users' account data. Customer Data does not include Usage Data or Feedback.

1.9 "Documentation" means Evolve's then-current user and developer documentation, including the material at evolveab.com/docs and the data-flow description at https://app.evolveab.com/privacy.

1.10 "Fees" means the amounts payable for the Service under an Order Form or the Plan Page.

1.11 "Free Service" means any trial, free plan or other part of the Service provided without charge.

1.12 "Order Form" means an ordering document or online order (including a plan selection made in the dashboard) that references these Terms and states the plan, Fees and Subscription Term.

1.13 "Plan Page" means Evolve's then-current online description of its plans, limits and prices.

1.14 "SDK" means the next-evolve software development kit, the @next-evolve/protocol package, and their command-line tools, which Evolve publishes under the MIT licence.

1.15 "Service" means Evolve Cloud: the hosted dashboard at app.evolveab.com, the API at api.evolveab.com, the AI Features and related hosted services. The SDK is not part of the Service.

1.16 "Subscription Term" means the period stated in an Order Form, or for Free Services the period during which Customer uses them.

1.17 "Usage Data" means technical and operational data that Evolve derives from operating the Service, such as request counts, error rates, job timings and feature usage. Usage Data is used in aggregated or de-identified form and does not identify Customer or any individual.

1.18 "Visitor Data" means visitor identifiers, cookies, exposures, events, page views, identities and similar records about visitors to a Customer Application that the SDK writes to a database Customer controls. Evolve does not receive Visitor Data.

#2. The Service

2.1 Access. Subject to the Agreement, Evolve grants Customer a non-exclusive, non-transferable, non-sublicensable right during the Subscription Term for its Authorized Users to access and use the Service for Customer's internal business purposes, in line with the Documentation and the limits of Customer's plan.

2.2 Architecture. The Service is designed so that Visitor Data stays in Customer's own database. Evolve Cloud does not connect to that database. It receives only the categories of data described in the Documentation and the DPA. Evolve will not change the Service so that it receives Visitor Data, or any new category of personal data, without giving Customer at least 30 days' prior notice.

2.3 SDK. The MIT licence that accompanies the SDK governs Customer's use of it. Nothing in these Terms restricts rights granted under that licence. The SDK needs a Service account to run experiments. Without a valid configuration from the Service it serves Customer's control content.

2.4 Changes. Evolve may update the Service from time to time. For paid Services, Evolve will not materially reduce the core functionality or security of the Service during a Subscription Term.

2.5 Support. Evolve provides support through the channels described in the Documentation or an Order Form. To help Customer, Evolve personnel may access Customer's account through the Service's support-access function. Each such access requires a stated reason, is time-limited, is read-only unless changes are separately authorised and logged, and is recorded in Customer's audit log.

#3. Accounts and Authorized Users

3.1 Accounts. Customer must provide accurate account information and keep it current. Each Authorized User must have their own login. Logins may not be shared.

3.2 Responsibility. Customer is responsible for its Authorized Users' compliance with the Agreement and for all activity under its account. Customer must keep its secret keys, webhook secrets, database credentials and sign-in links confidential. Customer must notify Evolve promptly at legal@evolveab.com if it becomes aware of any unauthorised use of its account or credentials.

3.3 Roles. Customer controls who holds which role in its organisation, including the Admin role. Admins can invite and remove members and delete sites.

3.4 Sign-in. Authorized Users sign in by email link or through GitHub. If an Authorized User chooses GitHub, GitHub's terms govern their use of GitHub.

#4. Beta and Free Services

4.1 Beta Services and Free Services are provided "as is" and "as available". They may be changed, limited, suspended or discontinued at any time. They may contain defects. No service level, uptime commitment or support commitment applies to them unless an Order Form expressly states otherwise.

4.2 Evolve will give Customer reasonable advance notice before it discontinues a Beta Service or Free Service that Customer is actively using. Evolve will give at least 30 days' notice before any change that alters how Customer Data is handled.

4.3 Evolve's obligations on confidentiality, data protection and security under Sections 9, 10 and 11 and the DPA apply in full to Beta Services and Free Services.

4.4 Evolve may set and change usage limits for Free Services, such as the number of sites, experiments or AI generations.

#5. Customer obligations and acceptable use

5.1 Customer's responsibilities. Customer is responsible for:

(a) the Customer Applications, and the content they publish, including any variants Customer approves or allows autopilot to run;

(b) the database in which the SDK stores Visitor Data, including its security, access, backups and retention settings;

(c) acting as controller (or business) for Visitor Data. This includes giving visitors any legally required notices and obtaining any legally required consents for the cookies and similar technologies that the SDK sets or reads in a Customer Application, such as the visitor-identifier cookie used to keep variant assignments consistent;

(d) having all rights, notices and lawful bases needed to submit Customer Data to the Service.

5.2 Personal data minimisation. Customer must not put personal data in goal definitions or goal filters, region names, region schemas, region props, control copy or any other configuration it sends to the Service, except personal data that already appears publicly on the Customer Application. Customer must not send special categories of personal data, government identifiers, payment card data, health information or children's personal data to the Service.

5.3 Acceptable use. Customer must not, and must not allow anyone to:

(a) use the Service in breach of applicable law, including consumer-protection, advertising, privacy and anti-spam law;

(b) use the Service or AI Features to create or publish content that is unlawful, deceptive, defamatory, discriminatory, infringing, or harmful to minors;

(c) use the Service to test practices that are unlawful, such as deceptive pricing or discriminatory treatment of protected groups;

(d) probe, scan or test the vulnerability of the Service, or breach its security or authentication measures, except under a written agreement with Evolve;

(e) interfere with the integrity or performance of the Service, or exceed its rate limits or plan limits by technical means;

(f) access the Service to build a competing product, or copy its features, user interface or non-public functionality;

(g) reverse engineer or decompile the Service, except to the extent applicable law allows this despite this restriction (this does not limit Customer's rights in the SDK under its MIT licence);

(h) resell, sublicense or provide the Service to third parties, except to Customer's Affiliates and contractors acting for Customer;

(i) point the Service at a website or application that Customer is not authorised to operate or test;

(j) use the Service in breach of Section 19 (export and sanctions).

#6. Fees, payment and taxes

6.1 Fees. Customer will pay the Fees stated in the applicable Order Form or, if there is none, on the Plan Page at the time of purchase. Unless the Order Form says otherwise, Fees are stated and payable in US dollars, are billed in advance, and are non-cancellable and non-refundable except as these Terms expressly provide.

6.2 Payment. Invoiced Fees are due within 30 days of the invoice date. Fees charged by card or another online payment method are charged at the start of each billing period. Customer authorises Evolve and its payment processor to charge the payment method on file.

6.3 Late payment. Overdue amounts that are not disputed in good faith may bear interest at 1% per month, or the maximum rate the law allows if lower, from the due date until paid. Before suspending the Service for non-payment, Evolve will give Customer at least 15 days' written notice.

6.4 Disputes. If Customer disputes an invoice in good faith and notifies Evolve before the due date, the parties will work together to resolve the dispute. Customer must pay any undisputed amounts on time.

6.5 Taxes. Fees exclude taxes. Customer is responsible for all sales, use, value-added, goods and services, withholding and similar taxes on the Fees, except taxes on Evolve's net income, property or employees. If Customer must withhold tax by law, it will gross up its payment so that Evolve receives the full Fees, unless Customer gives Evolve a valid exemption certificate.

6.6 Renewal. Unless an Order Form states otherwise, each paid Subscription Term renews automatically for a period of the same length. Either party may stop renewal by giving notice at least 30 days before the end of the current term. Self-serve monthly plans may be cancelled in the dashboard at any time, effective at the end of the billing period.

6.7 Price changes. Evolve may change prices for a renewal term by giving at least 30 days' notice before that term starts. Prices fixed in a signed Order Form do not change during its Subscription Term.

6.8 Plan limits. If Customer exceeds its plan limits, Evolve may ask Customer to upgrade, or may apply the limits described on the Plan Page, such as pausing AI generations. Evolve will not charge overage fees unless an Order Form or the Plan Page provides for them.

#7. Intellectual property

7.1 Evolve's rights. Evolve and its licensors own all rights in the Service, the Documentation, Usage Data, and all improvements and derivative works of them. Except for the rights expressly granted in the Agreement and the SDK's MIT licence, no rights are granted by implication or otherwise.

7.2 Customer's rights. As between the parties, Customer owns its Customer Data and the Customer Applications. Customer grants Evolve and its sub-processors a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, process and display Customer Data only as needed to provide, secure and support the Service, to prevent abuse, and to comply with law, in each case in line with the Agreement and the DPA.

7.3 AI Output. As between the parties, Customer owns the AI Output, and Evolve assigns to Customer any rights it has in AI Output. Due to the nature of machine learning, AI Output may not be unique, and other customers may receive similar output. Evolve's assignment does not cover similar output generated for others.

#8. AI Features

8.1 How they work. The AI Features send model inputs to third-party AI model providers, routed through Vercel's AI Gateway. Model inputs are drawn from region schemas, control copy, public page text, brand profiles and aggregate statistics. The current providers are listed at /legal/subprocessors. The Service does not send Visitor Data to AI models.

8.2 No training. Evolve does not use Customer Data, model inputs or AI Output to train or fine-tune AI models. Evolve does not authorise its AI providers to do so.

8.3 Customer review. AI Output is generated automatically and may be inaccurate, incomplete, inappropriate, or unsuitable for Customer's brand or legal requirements. Customer is responsible for reviewing AI Output before it is shown to visitors. If Customer enables autopilot, Customer authorises the Service to launch and retire variants automatically within the guardrails, caps and approval settings that Customer configures. Content that runs under autopilot is treated as content Customer has approved.

8.4 No warranty. Evolve makes no warranty that AI Output is accurate, lawful, non-infringing, or fit for any purpose. Evolve does not warrant that any experiment will improve Customer's results. Statistical results, recommendations and automated decisions (including guardrail rollbacks) are estimates. Customer is responsible for the business decisions it makes based on them.

#9. Confidentiality

9.1 Definition. "Confidential Information" means non-public information disclosed by one party (the "Discloser") to the other (the "Recipient") that is marked confidential or that a reasonable person would understand to be confidential. Customer's Confidential Information includes Customer Data. Evolve's Confidential Information includes non-public parts of the Service, pricing in Order Forms, and security information.

9.2 Exclusions. Confidential Information does not include information that the Recipient can show:

(a) is or becomes public through no fault of the Recipient;

(b) was known to the Recipient without restriction before it was disclosed;

(d) was independently developed without using the Discloser's information.

9.3 Obligations. The Recipient will use Confidential Information only to perform under or exercise its rights under the Agreement. It will protect Confidential Information with at least reasonable care. It will disclose Confidential Information only to its and its Affiliates' employees, contractors, advisers and sub-processors who need to know it and who are bound by confidentiality obligations at least as protective as these.

9.4 Compelled disclosure. The Recipient may disclose Confidential Information if the law requires it to. Where the law allows, it will give the Discloser prompt notice and reasonable help to seek protective treatment, at the Discloser's cost.

9.5 Duration. These obligations last during the Agreement and for five years after it ends. For trade secrets and Customer Data, they last for as long as the information remains a trade secret or is held by the Recipient.

#10. Data protection

10.1 The DPA at /legal/dpa forms part of these Terms and applies whenever Evolve processes personal data on Customer's behalf. Customer does not need to sign it separately. Customer may request a countersigned copy at legal@evolveab.com.

10.2 Evolve's handling of personal data for which it is a controller, such as data about website visitors and prospects, is described in the Privacy Policy at /legal/privacy.

10.3 The Documentation (https://app.evolveab.com/privacy) lists, field by field, what a Customer Application sends to the Service.

#11. Security

11.1 Evolve maintains the technical and organisational measures described in Annex II of the DPA. Evolve will not materially reduce the overall level of security of the Service during a Subscription Term.

11.2 Evolve will notify Customer of a personal data breach affecting Customer Data as set out in the DPA.

11.3 Customer is responsible for the security of its own systems, including the Customer Applications, its database, and its keys and credentials.

#12. Feedback

If Customer or its Authorized Users give Evolve suggestions, ideas or other feedback about the Service ("Feedback"), Evolve may use the Feedback freely and without obligation to Customer. Feedback is given "as is". Evolve will not publicly identify Customer as the source of Feedback without Customer's consent. This Section does not give Evolve any rights in Customer Data or Customer's Confidential Information.

#13. Warranties and disclaimer

13.1 Mutual. Each party warrants that:

(a) it has the authority to enter into the Agreement; and

(b) it will comply with laws that apply to it in performing the Agreement.

13.2 Evolve. For paid Services, Evolve warrants that during the Subscription Term:

(a) the Service will perform materially as described in the Documentation; and

(b) Evolve will not knowingly introduce malware into the Service.

If Evolve breaches this warranty and Customer notifies Evolve within 30 days of discovering the breach, Evolve will use reasonable efforts to correct the non-conformity. If Evolve cannot do so within 30 days, either party may terminate the affected Order Form, and Evolve will refund any prepaid Fees for the remainder of its term. This is Customer's sole remedy for breach of this warranty.

13.3 Customer. Customer warrants that it has all rights, consents and notices needed for Evolve to process Customer Data as the Agreement provides, and that its use of the Service and the Customer Applications complies with law.

13.4 Disclaimer. Except as expressly stated in the Agreement, the Service, AI Features, Beta Services and Free Services are provided "as is". To the fullest extent the law allows, each party disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. Evolve does not warrant that the Service will be uninterrupted or error-free. The SDK is provided under its MIT licence, including that licence's disclaimer.

#14. Indemnities

14.1 By Evolve. Evolve will defend Customer and its Affiliates against any third-party claim alleging that the Service, as provided by Evolve and used in line with the Agreement, infringes or misappropriates that third party's patent, copyright, trademark or trade secret. Evolve will also pay the damages, costs and settlement amounts finally awarded or agreed in settlement.

14.2 Exclusions. Section 14.1 does not apply to claims that arise from:

(a) Customer Data, Customer Applications or AI Output;

(b) combining the Service with items Evolve did not provide;

(d) use in breach of the Agreement;

(e) the SDK, which is provided under its MIT licence; or

(f) Free Services or Beta Services.

14.3 Remedies. If the Service is, or Evolve reasonably believes it may be, subject to an infringement claim, Evolve may at its option:

(a) obtain the right for Customer to continue using it;

(b) modify it so that it does not infringe, without materially reducing its functionality; or

(c) if neither is reasonably practicable, terminate the affected Service and refund any prepaid Fees for the remainder of the term.

14.4 By Customer. Customer will defend Evolve and its Affiliates against any third-party claim, including a claim or proceeding by a regulator, that arises from any of the following. Customer will also pay the damages, fines (where indemnifiable by law), costs and settlement amounts finally awarded or agreed in settlement.

(a) Customer Data, the Customer Applications, or content that Customer publishes, including approved or autopilot-run AI Output;

(b) Visitor Data, or Customer's failure to give notices or obtain consents to its visitors; or

14.5 Process. The indemnified party must:

(a) notify the indemnifying party promptly of the claim (a delay only reduces the obligation to the extent it causes prejudice);

(b) give the indemnifying party sole control of the defence and settlement; and

The indemnifying party may not settle a claim in a way that admits fault by the indemnified party or imposes obligations on it, other than payment, without its consent, which may not be unreasonably withheld. The indemnified party may take part in the defence with its own counsel at its own cost.

14.6 This Section 14 states each party's entire liability, and the other party's exclusive remedy, for third-party claims of the kind it describes.

#15. Limitation of liability

15.1 Exclusion of indirect damages. Neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or anticipated savings, arising out of or relating to the Agreement. This applies however the damages are caused and on any theory of liability, even if the party has been advised of the possibility of such damages.

15.2 Cap. Each party's total liability arising out of or relating to the Agreement will not exceed the Fees paid and payable by Customer to Evolve for the Service in the 12 months before the event giving rise to the liability. If no Fees were paid or payable in that period, the cap is US$100.

15.3 Exceptions. Sections 15.1 and 15.2 do not apply to:

(a) a party's defence and payment obligations under Section 14;

(b) a party's breach of Section 9 (Confidentiality), excluding breaches relating to Customer Data, which remain subject to Sections 15.1 and 15.2;

(d) Customer's breach of Section 5.3 or Section 19; or

(e) a party's fraud, gross negligence or wilful misconduct, or any liability that cannot be limited by law.

15.4 These limits apply even if a limited remedy fails of its essential purpose. They are an essential basis of the bargain between the parties.

#16. Term, termination and suspension

16.1 Term. These Terms apply from the date Customer first accepts them until all Subscription Terms have ended and Customer stops using the Service.

16.2 Termination for cause. Either party may terminate the Agreement or an affected Order Form by written notice if the other party:

(a) materially breaches the Agreement and does not cure the breach within 30 days after receiving notice of it; or

(b) becomes insolvent, makes an assignment for the benefit of creditors, has a receiver appointed, or is the subject of bankruptcy proceedings that are not dismissed within 60 days.

16.3 Free and Beta Services. Customer may stop using Free Services and Beta Services at any time. Evolve may end Customer's access to them by giving 30 days' notice, or sooner if Section 16.5 applies.

16.4 Refunds. If Customer terminates for Evolve's uncured breach, Evolve will refund any prepaid Fees for the remainder of the Subscription Term. If Evolve terminates for Customer's uncured breach, Customer will pay any unpaid Fees for the remainder of the Subscription Term.

16.5 Suspension. Evolve may suspend Customer's access to all or part of the Service if Evolve reasonably determines that:

(a) Customer's use poses a security risk to the Service or others;

(b) Customer's use breaches Section 5.3 or Section 19;

(d) undisputed Fees are more than 30 days overdue after the notice in Section 6.3.

Evolve will limit any suspension to the extent and duration reasonably needed. Where practicable, it will give Customer prior notice and a chance to remedy the issue. While the Service is suspended or unavailable, the SDK serves Customer's control content.

16.6 Effect of termination. When the Agreement or an Order Form ends:

(a) Customer's rights to the affected Service end;

(b) for 30 days after termination, Customer may export its Customer Data using the Service's export features, or Evolve will provide it on request in a commonly used machine-readable format, such as JSON;

(d) configuration bundles held by Customer Applications expire, and the SDK serves Customer's control content until Customer removes it.

Visitor Data stays in Customer's own database throughout and is not affected.

16.7 Site deletion. An Admin may delete a site at any time. Deletion stops the site at once: the Customer Application receives an empty configuration and serves its control content. The site's data in the Service is permanently deleted within 7 days. Evolve keeps a record that the deletion took place (the site identifier, who requested it, when it happened and the number of records removed).

16.8 Survival. Sections 1, 6 (for amounts accrued), 7, 8.4, 9, 12, 13.4, 14, 15, 16.4, 16.6, 16.8 and 17 to 30, and any other terms that by their nature should survive, survive termination.

#17. Publicity

Neither party may use the other's name, logo or trademarks in marketing, customer lists or press releases without the other's prior written consent. A party that has given consent may withdraw it at any time for future use.

#18. Anti-corruption

Neither party has offered or received, or will offer or receive, any bribe, kickback or other improper payment or benefit in connection with the Agreement. Each party will comply with the US Foreign Corrupt Practices Act, the UK Bribery Act 2010 and other anti-corruption laws that apply to it.

#19. Export control and sanctions

Each party will comply with US and other applicable export-control and economic-sanctions laws. Customer represents that:

(a) it is not located in, organised under the laws of, or ordinarily resident in a country or region subject to comprehensive US sanctions;

(b) it is not on, or owned or controlled by anyone on, a US or other applicable restricted-party list; and

#20. Assignment

Neither party may assign the Agreement without the other's prior written consent, which may not be unreasonably withheld. Either party may assign the Agreement without consent to an Affiliate, or to a successor in a merger, acquisition or sale of all or substantially all of its relevant business or assets, as long as the assignee agrees in writing to be bound by the Agreement. Customer may terminate the Agreement if Evolve assigns it to a direct competitor of Customer. Any other attempted assignment is void. The Agreement binds and benefits permitted successors and assigns.

#21. Force majeure

Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control. Examples include natural disasters, war, terrorism, civil unrest, labour disputes (other than those of its own workforce), government action, epidemics, and failures of utilities, the internet or third-party hosting not caused by the affected party. The affected party must use reasonable efforts to mitigate the event. This Section does not excuse payment obligations. If an event continues for more than 30 days, either party may terminate the affected Order Form, and Evolve will refund any prepaid Fees for the unused period.

#22. Notices

Notices under the Agreement must be in writing and in English.

22.1 To Evolve. Notices go to legal@evolveab.com, with a copy for legal notices to Velocinator LLC, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA.

22.2 To Customer. Notices go to the email address of Customer's account Admins or the contact named in an Order Form.

22.3 When effective. Email notices are effective when sent, unless the sender receives a delivery failure. Notices by courier or post are effective on delivery. Notices of breach, termination or an indemnifiable claim sent by email must clearly state that they are legal notices.

22.4 Operational notices. Evolve may give routine operational notices, such as maintenance or sub-processor updates, through the dashboard or by email.

#23. Independent contractors

The parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship.

#24. No third-party beneficiaries

There are no third-party beneficiaries of the Agreement, except as provided in the DPA and the Standard Contractual Clauses for data subjects.

#25. Order of precedence

If there is a conflict between parts of the Agreement, the following order applies:

(a) an Order Form, but only for the specific transaction it covers and only where it expressly overrides a provision of these Terms;

(b) the DPA, for matters concerning the processing of personal data;

(d) the Documentation.

Within the DPA, the Standard Contractual Clauses prevail as stated in the DPA. Terms in a Customer purchase order, vendor-registration portal or similar document do not apply, even if Evolve accepts or signs that document, unless both parties expressly agree in a signed writing that they amend the Agreement.

#26. Entire agreement, amendment and waiver

26.1 The Agreement is the parties' entire agreement on its subject and supersedes all prior or contemporaneous agreements, proposals and representations on it.

26.2 Except as stated in Section 27, an amendment must be in writing and signed (including electronically) by both parties.

26.3 A failure or delay in enforcing a right is not a waiver.

26.4 If a court finds any provision unenforceable, it will be enforced to the maximum extent allowed and the rest of the Agreement will remain in effect.

26.5 Headings are for convenience only. "Including" means "including without limitation".

#27. Changes to these Terms

Evolve may update these Terms by posting a new version at /legal/terms.

27.1 Material changes. Evolve will give at least 30 days' notice of a material change, by email to account Admins or in the dashboard, before it takes effect. Changes required by law, or that relate only to new features, may take effect sooner.

27.2 Objection. If Customer objects to a material change, it may terminate the affected Service by notice before the change takes effect. Customer is then entitled to a refund of any prepaid Fees for the unused period.

27.3 Signed Order Forms. Changes do not apply to a paid Subscription Term under an Order Form signed by both parties until that term renews, unless Customer agrees otherwise.

27.4 Acceptance. If Customer continues to use the Service after a change takes effect, Customer accepts the change.

#28. Governing law, venue and jury waiver

28.1 Governing law. The Agreement is governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

28.2 Venue. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Bernalillo County, New Mexico for any dispute arising out of or relating to the Agreement.

28.3 Injunctive relief. Either party may seek injunctive or other equitable relief in any competent court to protect its intellectual property or Confidential Information.

28.4 Jury waiver. To the fullest extent the law allows, each party waives its right to a jury trial in any proceeding arising out of or relating to the Agreement.

28.5 Statutory data-protection terms. Where the Standard Contractual Clauses or mandatory data-protection law require a different governing law or forum for the matters they cover, that requirement applies to those matters.

#29. US government rights

The Service and Documentation are "commercial products", "commercial computer software" and "commercial computer software documentation" as defined in FAR 2.101. Under FAR 12.212 and DFARS 227.7202, US government users acquire only the rights set out in the Agreement, which are the rights granted to all other customers. Any provision inconsistent with federal procurement law does not apply to a US government customer to the extent of the inconsistency.

#30. General

30.1 The Agreement may be signed in counterparts and electronically. Electronic acceptance has the same effect as a handwritten signature.

30.2 Each party's Affiliates may buy the Service under their own Order Forms that reference these Terms. Each such Affiliate is then the "Customer" for that Order Form.

30.3 Questions about these Terms go to legal@evolveab.com.