EVY Terms of Service

Last Updated: December 31, 2025

If you signed a separate Order Form to access EVY with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Order Form applies to your use of the Product.

This Agreement is between EVY Labs, LLC and the company or person accessing or using the Cloud Service. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.

If you are accessing or using the Cloud Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.

Cover Page

Order Form

Framework Terms: This Order Form incorporates and is governed by the Framework Terms, which consists of the Key Terms below and the Common Paper Cloud Service Standard Terms Version 2.1, which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page below will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.

Cloud Service: EVY is a voice-driven workspace for content creation that allows teams and individuals to write with the help of EVY, our AI persona. EVY includes AI meeting recordings, AI-enhanced dictation, and conversational content creation features.

Order Date: The date Customer first accepts this Agreement.

Subscription Period: One month.

Cloud Service Fees:

• Free Plan: $0 per month. Limited features as described on EVY's website.
• Plus Plan: Pricing as displayed on EVY's pricing page at evy.so/pricing. Customer will pay Provider the applicable Fees based on the Product tier selected by Customer.

Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and pricing changes will apply in the next Subscription Period.

Payment Process: Customer authorizes Provider to bill and charge Customer's payment method on file monthly for immediate payment or deduction without further approval. Provider will make a copy of Customer's bills or transaction history available to Customer.

Non-Renewal Notice Period: Either party may cancel at any time by providing notice through Customer's account settings or by email to help@evy.so. Cancellation will be effective at the end of the current Subscription Period. No refunds or pro-rata payments will be issued for partial subscription periods.

Use Limitations:

1. Fair Use Policy: The Plus Plan includes content generation features subject to fair use. Provider reserves the right to set reasonable usage limits to ensure service quality for all users. Customer will be notified when approaching usage limits and may need to purchase additional credits for large-scale content generation. Provider will provide reasonable advance notice before implementing or modifying usage limits.
2. Content Responsibility: Customer is responsible for ensuring that any example texts, templates, or reference materials provided to EVY's AI for writing guidance do not violate copyright or other intellectual property rights. Customer represents and warrants that it has all necessary rights to any content it uses to train or guide EVY's output.
3. Prohibited Uses: Customer will not use EVY to:
   • Generate, store, or transmit illegal content
   • Generate spam or unsolicited communications
   • Violate any applicable laws or regulations
   • Infringe upon third-party intellectual property rights

Technical Support: Email support at help@evy.so. Provider will use commercially reasonable efforts to respond to support requests within 2 business days.

SLA: Provider will use commercially reasonable efforts to make EVY available, but does not guarantee any specific uptime percentage. Provider is not liable for service interruptions due to maintenance, updates, or circumstances beyond Provider's reasonable control.

Professional Services: None.

Key Terms

Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.

Provider: EVY Labs, LLC

Effective Date: The date Customer first accepts this Agreement.

Governing Law: The State of Delaware, United States.

Chosen Courts: The state and federal courts located in New Castle County, Delaware, United States.

Covered Claims:

• Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon a third party's intellectual property or other proprietary rights.
• Customer Covered Claims: Any action, proceeding, or claim (1) that the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon a third party's intellectual property or other proprietary rights; and (2) arising from or relating to Customer's breach or alleged breach of Section 2.1 (Restrictions on Customer).

General Cap Amount: The fees paid or payable by Customer to Provider in the 12 month period immediately before the claim.

Increased Claims: None.

Increased Cap Amount: Not applicable.

Unlimited Claims: None.

Additional Warranties: None.

Notice Address:

• For Provider: help@evy.so
• For Customer: The main email address for Customer's account.

Attachments, Supplements & Modifications

DPA: Upon request by Customer, the parties will execute Provider's Data Processing Agreement, which governs the processing of Personal Data under GDPR and other applicable data protection laws. The DPA is available upon request.

Privacy Policy: Provider's handling of personal information is governed by Provider's Privacy Policy, available at evy.so/privacy-policy.

Security Policy: Provider will use commercially reasonable efforts to secure the Cloud Service from unauthorized access, alteration, or use and other unlawful tampering, consistent with industry-standard practices for SaaS applications.

Insurance Minimums: None.

Changes to the Standard Terms:

The following modifications apply to the Common Paper Cloud Service Agreement Standard Terms Version 2.1:

1. Section 1.6 (Machine Learning) - AI Model Training:

   Notwithstanding Section 1.6 of the Standard Terms, Provider does not operate its own AI models. Instead, Provider uses third-party AI services. However, Provider reserves the right to use Customer's document version history (excluding the final published content) to improve EVY's writing accuracy, suggestions, and personalization features. This usage data will be aggregated and de-identified before any analysis. Customer may opt out of this data usage by contacting Provider at help@evy.so.

   Customer retains 100% ownership of all content generated using EVY, including AI-generated output. Provider claims no intellectual property rights in Customer's output.

2. Section 5.5(b) (Effect of Termination - Data Retention):

   Modifying Section 5.5(b), upon termination or expiration of this Agreement, Provider will:

   • Make Customer Content available for export for 30 days following termination
   • Permanently delete all Customer Content within 60 days of termination, except as required by applicable law or as necessary to resolve disputes
   • Customer is responsible for exporting any desired content before the end of the 30-day retrieval period
3. Section 12.3 (Governing Law and Chosen Courts) - Dispute Resolution:

   Before initiating any legal proceeding, the parties agree to first attempt to resolve any dispute through good faith negotiations for a period of 30 days. If the dispute cannot be resolved through negotiation, the parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Delaware, United States, and judgment on the arbitration award may be entered in any court having jurisdiction. Each party will bear its own costs and expenses in the arbitration, and the parties will share equally the fees and expenses of the arbitrator.

   Notwithstanding the above, either party may seek injunctive relief in the Chosen Courts for breaches of Section 10 (Confidentiality) or intellectual property rights violations without first pursuing arbitration.

4. Beta Products and Experimental Features:

   From time to time, Provider may make beta, experimental, or early-access features available to Customer. Any such features will be clearly marked as beta, experimental, or similar designation. Section 12.7 of the Standard Terms (Beta Products) applies to all such features.

5. Section 1.1 (Access and Use) - API Restrictions:

   Customer acknowledges that EVY does not provide API access or allow programmatic access to the Product. Customer may not attempt to access EVY through automated means, bots, scrapers, or any method other than the user interface provided by Provider.

6. Section 2.1 (Restrictions on Customer) - Resale Prohibited:

   Customer may not resell, white-label, or redistribute access to EVY under any circumstances. Customer's subscription is for Customer's internal business use only.

7. Data Storage and Processing:

   Customer Content may be stored and processed on servers located in the European Union and/or the United States. By using EVY, Customer consents to this cross-border data transfer and processing.

Additional Terms for B2C Customers

If Customer is an individual consumer (not a business entity), the following additional terms apply:

1. Right of Withdrawal (EU Customers): EU consumers have the right to withdraw from this Agreement within 14 days of purchase without giving any reason, in accordance with EU Directive 2011/83/EU. However, by beginning to use the Product immediately upon purchase, Customer expressly agrees to waive this right of withdrawal.
2. Mandatory Consumer Rights: Nothing in this Agreement limits or excludes any mandatory consumer rights that cannot be limited or excluded under applicable consumer protection laws.

Acceptance

By clicking "I Accept," signing up for an account, or using EVY, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.