Terms and Conditions

EvolvAI Marketing Labs
Effective Date: November 7, 2025
Last Updated: November 7, 2025

1. Agreement to Terms

By accessing or using the services provided by EvolvAI Marketing Labs ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

2. Description of Services

EvolvAI Marketing Labs provides AI-powered marketing services, including but not limited to:

Digital marketing strategy and campaign management

AI-driven content creation and optimization

Marketing automation and analytics

SMS/text message marketing campaigns

Email marketing services

Social media management

Advertising campaign management

3. Eligibility

You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Account Registration

4.1 Account Creation

To access certain features of our services, you may be required to create an account. You agree to:

Provide accurate, current, and complete information

Maintain and update your information as necessary

Maintain the security of your account credentials

Notify us immediately of any unauthorized access

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

5. SMS/Text Messaging Terms

5.1 Consent to Receive Messages

By providing your mobile phone number and opting in to our text messaging program, you:

Expressly consent to receive automated marketing and transactional text messages from EvolvAI Marketing Labs

Acknowledge that consent is not a condition of purchase

Understand that message frequency varies

Agree that message and data rates may apply

5.2 Supported Carriers

Our SMS services are available on major carriers including AT&T, T-Mobile, Verizon, Sprint, and others. Not all carriers are supported. Check with your carrier for availability.

5.3 Opt-Out

You may opt out at any time by:

Texting "STOP" to any message you receive from us

Contacting us directly at the information provided in Section 15

Managing your preferences in your account settings

After opting out, you will receive one final confirmation message.

5.4 Help and Support

For help, text "HELP" to any message or contact us directly.

5.5 No Liability for Carrier Issues

We are not liable for delayed or undelivered messages. Carriers are not liable for the content of messages we send.

6. Client Responsibilities

When using our services, you agree to:

Provide necessary access to your marketing platforms and accounts

Provide accurate business information and marketing materials

Respond to our requests for information in a timely manner

Comply with all applicable laws and regulations

Not use our services for illegal, fraudulent, or harmful purposes

Not violate any third-party rights, including intellectual property rights

Ensure you have proper rights and permissions for content you provide to us

7. Prohibited Uses

You may not use our services to:

Send spam, unsolicited messages, or violate CAN-SPAM Act or TCPA

Engage in fraudulent, deceptive, or misleading marketing practices

Violate any applicable laws, regulations, or third-party rights

Transmit malware, viruses, or other harmful code

Harass, abuse, or harm others

Impersonate others or misrepresent your affiliation

Interfere with or disrupt our services or servers

Collect user data without proper consent

Promote illegal products, services, or activities

8. Intellectual Property Rights

8.1 Our Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and AI models, are owned by EvolvAI Marketing Labs and protected by intellectual property laws.

8.2 Client Content

You retain ownership of content you provide to us ("Client Content"). By providing Client Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing our services.

8.3 Work Product

Unless otherwise agreed in writing, all marketing materials, strategies, and deliverables created by us using our AI tools and expertise remain our intellectual property. We grant you a license to use such work product for your business purposes.

9. Payment Terms

9.1 Fees

You agree to pay all fees associated with the services you purchase. Fees are described in your service agreement or invoice.

9.2 Billing

Fees are billed in advance on a monthly, quarterly, or annual basis as specified in your service agreement. You authorize us to charge your payment method on file.

9.3 Late Payment

Late payments may result in suspension of services and late fees of 1.5% per month (or the maximum permitted by law).

9.4 Refunds

Refunds are handled on a case-by-case basis. Generally, fees paid are non-refundable except as required by law or as specified in your service agreement.

10. Term and Termination

10.1 Term

These Terms remain in effect while you use our services.

10.2 Termination by You

You may terminate your account at any time by providing written notice. You remain responsible for fees incurred prior to termination.

10.3 Termination by Us

We may suspend or terminate your access to our services at any time for:

Violation of these Terms

Non-payment of fees

Fraudulent, illegal, or harmful activity

Any reason with 30 days' notice

10.4 Effect of Termination

Upon termination:

Your right to use our services ceases immediately

We may delete your account and data after a reasonable period

Outstanding fees become immediately due and payable

Sections that by their nature should survive termination will survive

11. Disclaimers

11.1 Service Availability

Our services are provided "as is" and "as available." We do not warrant that our services will be uninterrupted, error-free, or secure.

11.2 No Guarantee of Results

We do not guarantee specific marketing results, ROI, or outcomes. Marketing performance depends on numerous factors beyond our control.

11.3 Third-Party Services

We may integrate with third-party platforms and services. We are not responsible for the availability, accuracy, or functionality of third-party services.

11.4 AI-Generated Content

Content generated using AI tools may require review and editing. You are responsible for reviewing and approving all content before publication.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.

12.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12.3 Exceptions

Some jurisdictions do not allow certain liability exclusions, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless EvolvAI Marketing Labs, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use of our services

Your violation of these Terms

Your violation of any third-party rights

Content you provide to us

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

14.2 Venue

Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Florida, and you consent to the jurisdiction of such courts.

14.3 Arbitration

At our discretion, disputes may be resolved through binding arbitration in accordance with the American Arbitration Association's rules, with arbitration taking place in Florida.

15. General Provisions

15.1 Entire Agreement

These Terms, along with our Privacy Policy and any service agreements, constitute the entire agreement between you and EvolvAI Marketing Labs.

15.2 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through our services. Your continued use after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

15.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16. Contact Information

For questions about these Terms, please contact us:

Alvaro Rodrigues
Email: [email protected]
Phone: 9735253946
Address: 615 N. Andrews Ave, Fort Lauderdale, Florida 33311, USA

For SMS/text messaging support:

Text "HELP" to any message

Acknowledgment: By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.