Terms of Use

1. Agreement to Terms

Welcome to EvolvePerformance.com (the “Site”). These Terms of Use ("Terms") govern your access to and use of the Site and any services offered through the Site (collectively, the "Services"). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Use of Services

You agree to use the Services only for lawful purposes and in a manner consistent with any and all applicable laws, regulations, and industry standards. You shall not use the Services to engage in any illegal, harmful, or unethical activities, including but not limited to, violating intellectual property rights, transmitting viruses or malware, or engaging in fraudulent or deceptive practices.

3. Registration and Accounts

Access to certain Services may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Evolve immediately of any unauthorized use of your account or any other breach of security.

4. Intellectual Property

The Site and the Services, including all content, features, and functionality thereof, are owned by Evolve or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, or create derivative works based on the Site or the Services without prior written consent from Evolve.

5. Limitation of Liability

In no event shall Evolve, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or goodwill, arising out of or in connection with the use or inability to use the Services, even if Evolve has been advised of the possibility of such damages.

6. Termination

Evolve reserves the right to suspend or terminate your access to the Services at any time and for any reason without prior notice. Upon termination, your right to access or use the Services will immediately cease, and you must cease all use of the Services.

7. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Australia. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively by arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The seat of arbitration shall be in Australia, and the language of the arbitration shall be English.

8. Modifications to Terms

Evolve reserves the right to modify or revise these Terms at any time without prior notice. The most current version of the Terms will supersede all previous versions. Your continued use of the Services after any changes to the Terms constitutes acceptance of those changes.

9. Entire Agreement

These Terms constitute the entire agreement between you and Evolve regarding your use of the Site and supersede all prior or contemporaneous agreements and understandings, whether oral or written.