IF THIS IS A MEDICAL EMERGENCY OR CRISIS, PLEASE DIAL 911 OR YOUR LOCAL EMERGENCY SERVICE IMMEDIATELY. EVI DOES NOT PROVIDE EMERGENCY MEDICAL ASSISTANCE.
This EULA applies to your use of the Evi application and all related Services made available by Evi, Inc. (“Evi,” “we,” “us,” or “our”). Please read this EULA carefully. By clicking “Accept,” “I agree,” or using the Application or Services, you agree to this EULA. If you do not agree, please do not proceed with or immediately stop using the Application and Services.
IMPORTANT: Section 12 contains a mandatory arbitration clause. You and Evi agree to resolve disputes by individual arbitration only—meaning neither of us can sue the other in court or participate in class actions.
Also note the warranty disclaimers and limitations on liability outlined in Sections 9 and 10.
1. General Provisions
Definitions
- “Application” refers to the Evi mobile or web application and any successor versions.
- “Content” includes all descriptions, images, formats, logos, messages, or other materials available via the Services.
- “Feedback” means ideas, suggestions, reviews that users provide.
- “Services” include Evi’s AI-guided therapy and emotional support tools.
- “Subscription Term” is the subscription period you agree to.
- “User” or “you” means the individual using Evi.
Updates to this EULA
Evi may update this EULA at any time, with or without notice. Changes are effective when posted. Continued use after changes means you accept them. The “Last Updated” date at the end shows the most recent revision.
2. User Consents
Electronic Communication
By using Evi, you agree to receive notifications via in-app messages, email, or similar systems. Permissions may be needed on your device (e.g., for network access). Using a modified device (“jailbroken”) may impair functionality and violates this EULA.
Privacy
To provide Services, we may collect your information (e.g., email, in-app data). If you opt in, your conversation data may be used to improve Evi’s AI. For full details, see our Privacy Policy.
Evi is not intended for users under 13. If a child under 13 has provided personal information, please contact us for deletion.
3. Your Representations and Acknowledgements
By using Evi, you confirm:
- You’re 18 or older and legally authorized to agree to this EULA.
- You’ll use Evi legally and respect others.
- You won’t misuse Evi to report false emergencies.
- You will use compatible devices.
- You won’t use unauthorized tools, bots, or scripts.
- You won’t damage or hack our system.
- You won’t resell or commercialize Evi.
We may pursue legal action for any misuse. You release Evi from any liability in case of investigations.
4. Acknowledgements
You understand:
- Evi is not a healthcare provider. The Services are for self-help and don’t replace medical care or therapy.
- You may incur data charges from your provider.
- Subscription fees are likely not covered by insurance.
- Services may not be available in all locations.
5. Registration and Account Creation
You may need an account to use Evi. Provide accurate information and keep credentials secure. You’re responsible for activity under your account. We may use additional security tools like multi-factor authentication.
6. Ownership and License to Use the Services
Ownership
Evi owns all rights to the Application, Services, and Content. You may not reproduce, modify, distribute, or misuse them.
Your License
While subscribed, you get a limited, revocable, non-transferable license to use Evi for personal, non-commercial purposes only.
7. User Information
Your input is "User Information." You retain ownership. You grant Evi a license to use it for service delivery, session summaries, and improvement of the App, including AI training if you opted in. We will remove your content upon account deletion, though some data may remain for compliance.
8. Subscription Fees
You may be charged subscription fees as listed in the App. Fees may increase if you exceed usage, modify your plan, or based on Evi’s discretion and prior notice. Fees are non-refundable.
Payment Processors
You authorize us to process payments through third parties. Billing inaccuracies or payment failures are not Evi’s fault.
Taxes
You are responsible for applicable taxes related to your subscription.
9. Termination
This EULA starts when you accept it and lasts through your Subscription Term or usage. Evi can change, suspend, or stop the App or Services at any time. If we discontinue the offering in your jurisdiction mid-subscription, you may receive a pro-rata refund. Deleting your account ends your access; refunds are still not available. You can terminate by uninstalling the app.
10. Disclaimer of Warranties
We provide Evi "as-is" and “as available,” with reasonable care. Use is at your own risk. We do not guarantee accuracy, safety, or uninterrupted access. We are not medical professionals and do not give medical advice. Your output may be inaccurate—please verify information independently. Do not delay seeking medical help based on Evi’s responses.
11. Limitation of Liability
Evi will not be liable for damages from your use of the Services. We don’t guarantee error-free operations or protection from malware. Our total liability is capped at USD $100. Some legal limitations may vary depending on jurisdiction.
12. Indemnification
You agree to indemnify Evi against third-party claims connected to your use, information you provide, or any breach of contract or law.
13. Governing Law; Arbitration
All disputes shall be resolved by individual arbitration, waiving jury trial and class action rights. The law of your jurisdiction applies. Arbitration ensures confidentiality and final resolution.
14. Miscellaneous
- Apple iOS: Evi is between you and Evi only. Apple is a third-party beneficiary—your remedies come from Evi.
- Android: Same framework applies. Evi is solely responsible for the App.
- Survivability: Provisions that should survive termination will continue.
- No waiver: Not enforcing any clause immediately doesn’t waive Evi’s right to enforce it later.
- Severability: If a part is unenforceable, the remainder stays valid.
- Assignment: You cannot transfer this agreement. We may transfer it in business events.
- Third-Party Beneficiary: No parties besides you and Evi benefit.
- Relationship: Evi is an independent service provider.
- Headings: Headings are for clarity only.
- Entire Agreement: This EULA is the entire agreement between you and Evi.
15. Contact Us
If you have questions about this EULA, please reach out to us at:
Email: support@hievi.com