Terms of Service

01Agreement to these terms

These Terms of Service (the “Terms”) are a binding legal agreement between you (“you,” “your,” the “user”) and EvlarSoft LLC (“EvlarSoft,” “we,” “us,” “our”), a limited liability company. They govern your access to and use of our websites, web applications, desktop and mobile applications, browser extensions, application programming interfaces (“APIs”), documentation, and all related products, features, content, and services (each individually a “Product” and collectively the “Products”). The Products include, without limitation, the Verve family (APIVerve, VerveKit, VerveSheets, VerveContext), DigestYourFinances, and the applications we publish on the Microsoft Store, the Chrome Web Store, Google Play, and any other distribution channel.

By accessing or using any Product — including by creating an account, generating an API key, installing an application, clicking “I agree,” or simply browsing a site — you acknowledge that you have read, understood, and agree to be bound by these Terms and by every policy incorporated into them by reference, including our Privacy Policy, Cookie Policy, Acceptable Use Policy, Disclaimer, and Affiliate Disclosure. If you do not agree to these Terms, you must not access or use the Products.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT DISCLAIMERS OF WARRANTIES, A LIMITATION OF OUR LIABILITY, YOUR OBLIGATION TO INDEMNIFY US, AND — WHERE PERMITTED BY LAW — A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS THAT AFFECT HOW DISPUTES ARE RESOLVED.

02Definitions

In these Terms, the following words have the following meanings:

• “Account” means the account you register to access certain Products.
• “Your Content” means any data, text, files, inputs, queries, prompts, code, or other materials you submit to, upload to, or generate through a Product.
• “Output” means any data, results, responses, or materials returned to you by a Product in response to Your Content.
• “Third-Party Services” means any product, service, data source, website, or content operated or supplied by a party other than EvlarSoft.
• “Documentation” means the usage guides, reference material, and specifications we make available for the Products.

03Eligibility and authority

You may use the Products only if you can form a legally binding contract with EvlarSoft, and only in compliance with these Terms and all applicable laws. By using the Products, you represent and warrant that: (a) you are at least the age of majority in your jurisdiction, or are the age required to consent to the processing of your personal data where you live; (b) you have not previously been suspended or removed from the Products; and (c) your use of the Products does not violate any law or regulation applicable to you.

If you use the Products on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” and “your” will refer to both you and that entity, which will be jointly and severally responsible for compliance.

04Accounts, credentials, and API keys

Some Products require you to register an Account and to generate one or more API keys or access credentials. You agree to provide accurate, current, and complete information and to keep it up to date. You are solely responsible for safeguarding your credentials and API keys, for all activity that occurs under your Account, and for any consequences of their loss, sharing, or misuse — whether or not you authorized that activity.

You must not share credentials to circumvent usage limits, allow others to use your Account in violation of these Terms, or embed secret keys in client-side code, public repositories, or any location from which they can be extracted. Notify us immediately at the contact page if you suspect any unauthorized access to or use of your Account. We are not liable for any loss arising from unauthorized use of your Account that results from your failure to keep your credentials secure.

05Acceptable use

Your use of the Products is at all times subject to our Acceptable Use Policy, which is incorporated into and forms part of these Terms. Among other things, you agree not to use the Products to violate any law, infringe any right, harm any person, transmit malicious code, harvest data unlawfully, circumvent security or usage limits, disrupt or overload our infrastructure, or resell or redistribute raw Product access in a manner the Product is not sold for. We may investigate suspected violations and may throttle, suspend, restrict, or terminate access to enforce these rules, with or without notice.

06Plans, fees, billing, taxes, and renewals

Products may be offered on free, trial, usage-metered, and paid subscription plans. By selecting a paid plan, you authorize us and our payment processor to charge the payment method on file for all applicable fees. Unless expressly stated otherwise:

• Subscriptions are billed in advance on a recurring basis (for example, monthly or annually) and automatically renew at the end of each billing cycle at the then-current rate until cancelled.
• Usage-based charges are calculated from our records of your usage and billed in arrears; our measurements are determinative absent manifest error.
• Fees are exclusive of taxes. You are responsible for all sales, use, value-added, withholding, and other taxes and duties, excluding taxes based on our net income.
• All fees are non-refundable except where required by applicable law or expressly stated by us in writing. Cancelling does not entitle you to a refund of fees already paid for the current period.

We may change our prices, plans, and usage limits at any time. For recurring plans, we will give reasonable advance notice of a material price increase, and it will take effect on your next renewal; if you do not agree, you may cancel before the increase takes effect. Failed, disputed, reversed, or charged-back payments may result in immediate suspension or termination, and you agree to reimburse us for reasonable costs of collection.

07Cancellation and downgrades

You may cancel a paid plan at any time through your Account settings or by contacting us. Cancellation stops future renewals; it takes effect at the end of the current billing period, and you retain access until then unless we terminate earlier for cause. Downgrading a plan may cause loss of features, capacity, content, or data, and you accept that risk. We are not obligated to retain Your Content after cancellation and may delete it in the ordinary course following the retention periods described in our Privacy Policy.

08Free trials, beta, and pre-release features

We may offer free trials and may label certain Products or features as “beta,” “preview,” “early access,” or “experimental” (collectively, “Beta Features”). Beta Features are provided for evaluation, may be changed or withdrawn at any time, may be unstable or unsupported, and are provided “as is” without any warranty and with the fullest disclaimers and liability limitations permitted by law. If a trial converts to a paid plan, you authorize the applicable charges unless you cancel before the trial ends.

09API and developer terms

If you access a Product through an API, you agree to comply with the Documentation, rate limits, quotas, and technical requirements we publish, which we may update from time to time. You are responsible for your applications and for any use of the API under your credentials. You must not use the API to build a product that materially replicates or competes with the Product itself, to exceed or evade quotas, or to cache, store, or redistribute Output beyond what the Documentation permits.

Data returned by our APIs may originate from Third-Party Services and public sources. We do not guarantee its accuracy, completeness, timeliness, or fitness for your purpose, and you are responsible for independently validating any Output before relying on it. We may deprecate, version, rate-limit, or discontinue any API or endpoint, and we will use commercially reasonable efforts to provide notice of material breaking changes.

10Your content and license grant

As between you and EvlarSoft, you retain all right, title, and interest in and to Your Content. We do not claim ownership of it. You grant EvlarSoft a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, transmit, display, process, and create technical modifications of Your Content solely as necessary to operate, provide, secure, support, and improve the Products and to comply with law. We will not use the content you submit to a Product to train machine-learning models except where you have explicitly opted in.

You represent and warrant that you own or have all rights necessary to submit Your Content and to grant the license above, and that Your Content and our permitted use of it do not infringe or violate any third party's rights or any law. You are solely responsible for Your Content and for any Output you obtain, use, or distribute.

11Feedback

If you send us suggestions, ideas, or feedback about the Products (“Feedback”), you grant EvlarSoft a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use and exploit that Feedback for any purpose without restriction or compensation to you. We are under no obligation to keep Feedback confidential.

12Intellectual property and license to you

The Products, including all software, code, models, designs, text, graphics, logos, and the selection and arrangement thereof, and all intellectual-property rights in them, are and remain the exclusive property of EvlarSoft and its licensors, and are protected by copyright, trademark, and other laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Products for their intended purpose.

Except as expressly permitted, you must not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or attempt to derive the source code of any Product, nor remove or obscure any proprietary notice. “EvlarSoft,” “Verve,” “APIVerve,” and related names and logos are our trademarks; nothing in these Terms grants you any right to use them without our prior written consent.

13Copyright complaints

We respect intellectual-property rights and expect you to do the same. If you believe content available through a Product infringes your copyright, please send a notice through our contact pageincluding: identification of the copyrighted work; the location of the allegedly infringing material; your contact information; a statement of your good-faith belief that the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act on the owner's behalf; and your physical or electronic signature. We may remove allegedly infringing material and terminate repeat infringers.

14Third-party services and links

The Products may integrate with, link to, or rely on Third-Party Services. Your use of any Third-Party Service is governed by that third party's own terms and privacy practices, not ours. EvlarSoft does not control and is not responsible for Third-Party Services, their availability, or their content, and we make no warranties about them. A reference or link is not an endorsement. See our Affiliate Disclosure regarding certain links.

15No professional advice

The Products and their Output are provided for general informational and utility purposes only and do not constitute financial, investment, tax, accounting, legal, medical, or other professional advice, and must not be relied on as such. This is true of all Products, including DigestYourFinances and any Product that returns financial, market, or numerical data. You are solely responsible for your decisions. Please review our full Disclaimer, which is incorporated into these Terms.

16Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRODUCTS, INCLUDING ALL OUTPUT AND DATA, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EVLARSOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY OUTPUT OR DATA WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FIT FOR YOUR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

17Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVLARSOFT, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE PRODUCTS OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF EVLARSOFT ARISING OUT OF OR RELATED TO THE PRODUCTS OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US FOR THE RELEVANT PRODUCT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18Indemnification

You agree to defend, indemnify, and hold harmless EvlarSoft and its owners, officers, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (a) your access to or use of the Products; (b) Your Content or your use of any Output; (c) your violation of these Terms or any policy incorporated into them; (d) your violation of any law or of any third party's rights; or (e) any dispute between you and a third party. We reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.

19Changes to the products

We are continually evolving the Products. We may add, change, suspend, or discontinue any Product or feature, in whole or in part, at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of a Product, except as expressly stated in these Terms.

20Suspension and termination

You may stop using the Products and close your Account at any time. We may suspend or terminate your access to any or all Products, immediately and without liability, if we reasonably believe you have violated these Terms or any incorporated policy, if required by law or to respond to a legal or security risk, if your payment fails, or if providing the Product to you becomes commercially impractical. On termination, your license to use the Products ends and we may delete your Account and Your Content. All provisions that by their nature should survive termination — including intellectual property, Feedback, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

21Export controls and sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive sanctions, and that you are not on any government list of prohibited or restricted parties. You agree to comply with all applicable export-control and sanctions laws and not to use the Products in violation of them.

22Force majeure

EvlarSoft will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, epidemics or pandemics, internet or utility failures, or the acts or omissions of Third-Party Services or upstream providers.

23Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or the Products are governed by the laws applicable at EvlarSoft LLC's place of formation, without regard to conflict-of-laws principles, and excluding the U.N. Convention on Contracts for the International Sale of Goods.

Informal resolution. Before filing any claim, you agree to first contact us through the contact page and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Binding arbitration and class-action waiver. To the fullest extent permitted by law, any dispute that is not resolved informally will be resolved by final and binding arbitration on an individual basis, and not in a class, collective, or representative action. You and EvlarSoft each waive the right to a jury trial and to participate in a class action. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and brought in a court of competent jurisdiction. Where mandatory local law gives you a non-waivable right to bring proceedings in your own courts or forbids arbitration, this section applies only to the extent permitted by that law.

24Changes to these terms; general provisions

We may revise these Terms from time to time. When we make material changes, we will update the effective date above and, where appropriate, provide additional notice. Your continued use of the Products after changes become effective constitutes acceptance of the revised Terms; if you do not agree, you must stop using the Products.

These Terms, together with the policies they incorporate, are the entire agreement between you and EvlarSoft regarding the Products and supersede any prior agreements. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of it. You may not assign or transfer these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries. Notices to you may be provided through the Products or the contact information on your Account; notices to us must be sent through the contact page.