Evomi - Terms of Service

TOS

Terms of Service

Last Updated : April 17, 2024

These Terms of Service, along with our Service Level Agreement and Refund and Cancellation Policy, govern your access and use of Evomi's services. The website www.evomi.com is owned and operated by TeraShift GmbH.

These Terms of Service constitute a legally binding agreement between you, the User of Evomi's services, and TeraShift GmbH (referred to as "we," "our," "ours," or "us" in these Terms). In the event of a conflict between these Terms and any written contract between you and us, the provisions of the written contract shall prevail.

Evomi has developed, owns, and offers a Service that enables internet browsing by redirecting users' communication through other users' devices (the "System" and the "Service" – please see the detailed Service description in our Service Level Agreement). This is available for commercial use under this agreement.

By using our website and System, you agree to be bound by these Terms. You represent and warrant that you have the legal authority to enter into these Terms and that you have reached the age of legal majority in your jurisdiction.

Registration and User Account

To access our Services and System, you must complete the registration process and create an account. Registration involves providing us with your data through a special form and is subject to our Privacy Policy.

By registering, you agree to use the Services in accordance with these Terms and to provide accurate and complete information. You represent and warrant that you are not:

(a) Violating any anti-terrorism laws;

(b) Conducting business with prohibited persons or entities;

(d) Attempting to evade any anti-terrorism laws;

(e) A prohibited person as defined by applicable laws and regulations.

You are solely responsible for all activity associated with your account and for the security of your computer systems.

Acceptable Use

By using our System, you agree not to:

(a) Use the System in violation of applicable laws, regulations, or third-party rights;

(b) Use the System for governmental purposes;

(d) Cause network resources to be unavailable to intended users;

(e) Distribute unlawful content or encourage unlawful activity;

(f) Cause damage or service disruption to third-party computers or services.

Evomi's Right to Inspect and Suspend

We reserve the right to monitor your use of the System for billing purposes and to verify for misuse or network abuse. We may share your information with authorities if necessary to comply with laws or court orders.

We may suspend your access to the System immediately if we determine that:

(a) Your use poses a security risk or may adversely impact the System or other customers;

(b) You are in breach of this Agreement or delinquent on payments;

Fees and Payments

To access the System, you must subscribe to our paid plans. By using the Services, you agree to pay applicable fees, including subscription and traffic overuse fees.

We offer a one-time free trial for 100MB of traffic. You are not allowed to request this trial more than once.

Subscriptions auto-renew unless cancelled. You may cancel at any time. All purchases are final and non-refundable, except at our discretion.

We may change our prices at any time with reasonable notice. Fees listed on the website do not include VAT, sales taxes, or other applicable charges.

Intellectual Property Rights

All rights to the website and its content remain our sole property. These Terms do not grant you any rights to our patents, copyrights, trademarks, or other intellectual property.

Third-Party Applications

Your use of any third-party applications accessed through our Services is at your own risk. We are not responsible for any damages or losses related to such applications.

Modifications

We may modify these Terms at any time. Continued use of the Services after modifications constitutes your acceptance of the updated Terms.

Termination

We reserve the right to limit, suspend, or revoke your access to the System for any breach of these Terms.

Warranty Disclaimer and Limitation of Liability

The Services are provided "as is" and "as available" without any warranties. We disclaim all representations and warranties regarding the System's condition, value, or quality.

We are not liable for any lost profits, revenues, data, or indirect, special, consequential, exemplary, or punitive damages.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Switzerland. All disputes shall be resolved by arbitration under the Swiss Rules of International Arbitration.

Miscellaneous

These Terms constitute the entire agreement between you and TeraShift GmbH. You may not assign your obligations under these Terms without our prior written consent.