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;

(c) Engaging in transactions related to blocked property;

(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;

(c) Distribute malicious software or engage in harmful activities;

(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;

(c) You fail to provide accurate information or comply with our KYC requests.

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.

Chargebacks and Disputes

You agree to pay for all Services used, including subscription fees and traffic overuse fees, as outlined in the "Fees and Payments" section. If you initiate a chargeback or payment dispute with your bank or payment card issuer for charges you have incurred through legitimate use of the Services, you acknowledge that this constitutes a breach of these Terms.

We reserve the right to dispute any chargeback initiated by you that we believe, in good faith, to be unjustified. We may use evidence such as usage logs, IP address records associated with the purchase and usage, payment transaction details (including 3DS authentication results where applicable), and communication records to contest the chargeback.

In the event a chargeback is initiated, your account may be immediately suspended pending investigation. If a chargeback is determined by us or the payment processor to be unjustified (e.g., the Service was accessed and used), you will be liable for the original transaction amount that was charged back. Furthermore, you agree to pay an administrative fee of CHF 20.00 (or the equivalent in your payment currency) per chargeback instance to cover the costs incurred by us in handling the dispute.

We will notify you of the outstanding amount (original transaction plus the administrative fee) and provide a deadline for payment. Failure to settle the total outstanding amount by the specified deadline will be considered a material breach of these Terms. We reserve the right to pursue collection of the debt through legal means under Swiss law, and you agree to be responsible for all costs associated with such collection efforts, including but not limited to collection agency fees, reasonable attorney fees, and court costs.

Beta Services and Features

From time to time, Evomi may offer access to new features or services designated as "beta," "preview," "pilot," "early access," or similar descriptions ("Beta Services"). Access to and use of Beta Services are optional. You understand and agree that Beta Services are provided "as-is" and "as available" and may contain bugs, errors, or other issues. They are not subject to the Service Level Agreement (SLA) and may be modified or discontinued at any time without notice. We make no guarantees regarding the reliability, availability, or performance of Beta Services. Your use of Beta Services is at your own risk, and we shall have no liability arising out of or related to Beta Services. We may suspend or terminate your access to Beta Services at any time for any reason. Any feedback you provide regarding Beta Services shall be subject to the terms outlined in the "Feedback" section (if you add one, see below) or otherwise becomes our property without obligation to you.

Use of Aggregated and Anonymized Data

Notwithstanding anything else in these Terms or the Privacy Policy, you agree that TeraShift GmbH may collect, use, analyze, and retain aggregated and anonymized data derived from your use of the Service ("Aggregated Data"). Aggregated Data will not identify you or any individual user personally. We may use such Aggregated Data for purposes including, but not limited to, improving and enhancing the Service, developing new features, performing statistical analysis, monitoring network performance and security, and generating industry reports. We retain all intellectual property rights in such Aggregated Data.

Resale or Sublicensing

Your right to use the Service is personal to you (or the entity you represent). You are expressly prohibited from reselling, sublicensing, renting, leasing, or otherwise making the Service or access thereto available to any third party without the prior express written consent of TeraShift GmbH. Each account is intended for use by a single customer entity, and sharing account credentials outside of your organization is forbidden.

Feedback

If you provide TeraShift GmbH with any suggestions, comments, ideas, improvements, or other feedback regarding the Service or our website ("Feedback"), you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback for any purpose, without any obligation, attribution, or compensation to you. You represent and warrant that you have the right to grant such a license and that your Feedback does not violate the rights of any third party.

Promotional Use and Customer Logos

By registering for an account or using the Services, you grant TeraShift GmbH (operating as Evomi) and its affiliates a non-exclusive, worldwide, royalty-free license to use and display your company's name, logo(s), and trademarks (collectively, "Customer Marks"). This permission allows us to feature your Customer Marks for our promotional and marketing purposes. Such purposes include, but are not limited to, displaying the Customer Marks on our website (www.evomi.com) (for example, in a customer showcase or list), in marketing materials, presentations, public relations materials, and other promotional activities related to Evomi's services. You represent and warrant that you have the necessary rights and authority to grant this license to us. Our use of your Customer Marks does not imply any endorsement, sponsorship, or affiliation beyond acknowledging you as a customer of our Services.

IP Address Usage and Availability

The IP addresses provided as part of the Service ("Proxy IPs") are licensed, not sold, to you for use solely in conjunction with the Services during your subscription term. You acknowledge that you have no ownership rights or long-term claim to any specific Proxy IP address. Proxy IPs may be rotated, reassigned, or changed by Evomi at its discretion as part of network management. While we strive to maintain a high quality of Proxy IPs, we do not guarantee that any specific Proxy IP will be available at all times, will be located in a specific geographic region indefinitely, or will not be blocked by certain third-party websites or services. The performance and accessibility of target websites through the Proxy IPs can be affected by factors outside our control, including the actions of third-party website administrators. Usage of the Service is subject to the limits defined in your chosen plan and our Service Level Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless TeraShift GmbH, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
(a) Your use of the System or Services, including any data or content transmitted or received by you;
(b) Your violation of these Terms, our Acceptable Use Policy, or any applicable laws or regulations;
(c) Your infringement or violation of any rights of any third party, including intellectual property rights or privacy rights, through your use of the Service;
(d) Any activity related to your account, whether by you or any other person accessing your account with or without your authorization, unless caused by our gross negligence or willful misconduct.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

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.

Contact Us

For legal and copyright inquiries, please contact:

• Email: hello@evomi.com

TeraShift GmbH
Weissbadstrasse 8b
9050 Appenzell
Switzerland