Terms & Conditions

Acceptance of Terms

Welcome to Evofather. These Terms and Conditions (“Terms,” “Agreement”) constitute a legally binding agreement between you (“User”, “you”, “your”) and Evofather (“Evofather”, “we”, “us”, “our”) governing your access to and use of the Evofather website, mobile applications, platform, and all related services (collectively, “Services”).

By accessing or using our Services in any manner — including visiting our website, creating an account, subscribing to any plan, or interacting with our content — you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue your use of the Services.

Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to use our Services. By using our Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding agreement.

Individuals under the applicable minimum age may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms on their behalf. We reserve the right to verify your age and to suspend or terminate accounts where we suspect this requirement has not been met.

Our Services

Evofather provides [a description of your services — please update this section to describe your specific products and services]. We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

We do not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components. Scheduled and unscheduled maintenance may affect availability from time to time.

User Accounts

Some features of our Services require you to register for an account. When creating an account, you agree to: provide accurate, current, and complete information; maintain and promptly update your account information; keep your login credentials strictly confidential; accept responsibility for all activities that occur under your account; and notify us immediately at simon@evofather.com of any unauthorised use.

We reserve the right to suspend or terminate accounts that we reasonably suspect have been created using false information, or that are being used in violation of these Terms or applicable law.

Licence to Use

Subject to your compliance with these Terms, Evofather grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use our Services solely for your personal, non-commercial purposes (or, where you are a business customer, for your internal business purposes as authorised by your subscription plan).

This licence does not include any right to: resell or commercially exploit our Services or content; download or copy account information for the benefit of another party; use data mining, robots, scraping, or similar data-gathering or extraction methods; or frame or mirror any portion of our Services without our prior written consent.

Intellectual Property

All content, features, and functionality available through our Services — including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof — are the exclusive property of Evofather or its content suppliers and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws worldwide.

The Evofather name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Evofather or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

User Content

Where our Services allow you to post, upload, submit, store, send, or receive content (“User Content”), you retain ownership of any intellectual property rights you hold in that content. By submitting User Content, you grant Evofather a worldwide, non-exclusive, royalty-free, perpetual licence (with the right to sublicense) to use, host, store, reproduce, modify, communicate, publish, publicly display, and distribute such User Content solely for the purposes of operating and improving our Services.

You represent and warrant that you own or have the necessary rights to submit your User Content, and that your User Content does not violate any third-party rights or applicable law. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

Acceptable Use Policy

You agree not to use our Services to:

Breach of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice, and may be reported to appropriate legal authorities.

Payments, Billing & Refunds

Where our Services include paid features, subscriptions, or one-time purchases, you agree to pay all fees in accordance with the pricing and payment terms presented to you at the time of purchase. All prices are stated in the applicable currency and are inclusive or exclusive of applicable taxes as indicated.

Subscriptions

Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period.

Refunds

Refund eligibility is determined in accordance with applicable consumer protection law in your jurisdiction. Where you are entitled to a statutory right of withdrawal or cooling-off period, those rights will be honoured in full. For all other refund requests, please contact us at simon@evofather.com within 14 days of purchase, and we will consider each request on its merits.

Termination

We may terminate or suspend your access to our Services, with or without cause, with or without notice, effective immediately, if we determine in our sole discretion that you have violated these Terms or any applicable law. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by contacting us at simon@evofather.com. Termination of your account will not relieve you of any obligations arising before the date of termination, including any outstanding payment obligations.

All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnity, and limitations of liability.

Limitation of Liability

To the fullest extent permitted by applicable law, Evofather and its directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of, or inability to use, the Services.

To the fullest extent permitted by applicable law, Evofather’s total cumulative liability to you for all claims arising out of or in connection with these Terms or the Services, whether in contract, tort, statute, or otherwise, shall not exceed the greater of: (a) the total amount paid by you to Evofather in the twelve (12) months preceding the claim; or (b) one hundred US dollars (USD $100).

Warranties & Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Evofather does not warrant that the Services will be uninterrupted, secure, or error-free; that results obtained from use of the Services will be accurate or reliable; or that the quality of any products, services, information, or other material obtained through the Services will meet your expectations.

Nothing in this section shall be construed to limit any mandatory statutory warranties that apply in your jurisdiction.

Indemnification

You agree to defend, indemnify, and hold harmless Evofather and its licensees, officers, directors, employees, contractors, agents, affiliates, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services in a manner not authorised herein; (c) your User Content; (d) your violation of any applicable law or the rights of any third party; or (e) any representations or warranties you have made that are false or inaccurate.

Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable to the registered entity or principal place of business of Evofather, without regard to conflict of law principles, except to the extent that mandatory consumer protection laws in your jurisdiction afford you greater protections, in which case those laws shall apply.

Dispute Resolution

Informal Resolution

Before initiating any formal dispute process, we encourage you to contact us first at simon@evofather.com or +27 63 921 6078. We will make a good-faith effort to resolve your concern informally within 30 days.

EU Online Dispute Resolution

If you are a consumer located in the EU, you may submit a complaint using the EU Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

Arbitration (USA)

For users in the United States, any dispute arising out of or related to these Terms shall be resolved by binding arbitration in accordance with the JAMS Arbitration Rules, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction. Class action waiver: To the extent permitted by law, disputes may not be combined with those of other users in class action proceedings.

Jurisdiction

Where a dispute is not subject to arbitration, or where applicable law mandates court jurisdiction, the parties submit to the exclusive (or, in the case of consumers, non-exclusive) jurisdiction of the courts in the relevant jurisdiction.

Jurisdiction-Specific Provisions

European Union & EEA Consumers

Nothing in these Terms affects the mandatory statutory rights available to consumers under EU law, including the right to a 14-day cooling-off period for digital services (EU Directive 2011/83/EU), the right to conformity of digital content (EU Directive 2019/770), and all rights under applicable national consumer protection legislation.

United Kingdom Consumers

UK consumers benefit from rights under the Consumer Rights Act 2015, including the right to digital content that is of satisfactory quality, fit for purpose, and as described. These rights are not limited by anything in these Terms.

California Residents (USA)

Under California Civil Code § 1789.3, California residents are entitled to certain consumer rights notices. If you have a complaint about our Services, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing.

Australian Consumers

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement, refund or compensation for major failures, and to have the goods or services repaired or replaced if they fail to be of acceptable quality.

Canadian Consumers

Nothing in these Terms limits your rights under applicable provincial or federal consumer protection legislation in Canada, including rights under Quebec’s Consumer Protection Act.

South African Consumers

Users in South Africa have rights under the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002, which rights are not affected by anything in these Terms.

Changes to These Terms

We reserve the right to modify these terms at any time. When we make changes, we will update the “Last Updated” date and notify you via email or through a prominent notice on our website. Material changes will be communicated at least 30 days before they take effect (or as required by applicable law).

Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you don’t accept the new terms, stop using the service and delete your account.

Contact

For all questions, concerns, or legal notices relating to these terms, please contact us: