EvolvMe Terms For All Users

BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY 

    1. Introduction: These Terms of Use for all Users govern your use of the EvolvMe site and your agreement with us.

    2. Interpretation: In the Terms of Service:

        a. we refer to our website as "EvolvMe", including when accessed via the URL www.evolvme.com ;

        b. references to "we", "our", "us" are references to EvolvMe| Virtual Enlightenment & Metaphysical Exchange, the operator of EvolvMe;

        c. "Content" means any material uploaded to the EvolvMe site by any User (whether a Practitioner/Vendor or a Community Member), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;

        d. "Practitioner/Vendor" means a User who has set up their EvolvMe account as a Practitioner/Vendor account to post Content on EvolvMe to be viewed by other Users;

        e. "Community Member" means a User who follows a Practitioner/Vendor and is able to view the Practitioner/Vendor's Content;

        f. "Community Member/Practitioner/Vendor Transaction" means any transaction between a Community Member and a Practitioner/Vendor on EvolvMe by which access is granted to the Practitioner/Vendor's Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Community Member to view a Practitioner/Vendor's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) use by the Community Member of the Community Member interaction function on a Practitioner/Vendor's account;

        g. "Community Member Payment" means any and all payments made by a Community Member to a Practitioner/Vendor (i) in connection with a Community Member/Practitioner/Vendor Transaction, or (ii) by way of a tip for a Practitioner/Vendor;

        h. "Referring User" means a User who participates in the EvolvMe Referral Program;

        i. "Standard Contract between Community Member and Practitioner/Vendor" means the terms which govern each Community Member/Practitioner/Vendor Transaction.

        j. "Subscription" means a Community Member's subscription to a Practitioner/Vendor's account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month);

        k. "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Community Members, (iii) Terms of Use for Practitioner/Vendors, (iv) Privacy Policy, (v) Acceptable Use Policy, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms; and (ix) Community Guidelines;

        l. "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland; and

        m. "User" means any user of EvolvMe, whether a Practitioner/Vendor or a Community Member or both (also referred to as "you" or "your").

    3. Who we are and how to contact us: EvolvMe| Virtual Enlightenment & Metaphysical Exchange and we have our registered office address at 455 NW 35th Street Suite 105 Boca Raton, FL. 33431.


To contact us with any questions about EvolvMe, please email our support team at support@evolvme.com . If you are unable to contact us by email, please write to us at the following address: 455 NW 35th Street Suite 105 Boca Raton, FL. 33431

    4. In Our Sole Discretion, we may change the Terms of Service, at any time, without prior notice to you.  Examples of when we may change the Terms of Service without prior notice to you include, but are not limited to:

        a. to reflect changes in laws and regulatory requirements which apply to EvolvMe and the services, features and programs of EvolvMe where such changes require EvolvMe to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and

        b. to address an unforeseen and imminent danger related to defending EvolvMe, Community Members or Practitioner/Vendors from fraud, malware, spam, data breaches or other cybersecurity risks.

        c. EvolvMe determines it is necessary for any for reason, including to promote the efficient and/or effective administration of EvolvMe and/or to advance the business of EvolvMe.

We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through EvolvMe, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use EvolvMe.

    5. We may make changes to or suspend or withdraw EvolvMe: We may update and change EvolvMe from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that EvolvMe, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of EvolvMe for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.

    6. Registering with EvolvMe: To use EvolvMe you must first register and create a User account on EvolvMe. You must provide a valid email address, a username, and a password or authenticate using a valid Twitter or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the EvolvMe site for the composition of passwords. To register as a User:

        a. you must be at least 18 years old, and you will be required to confirm this;

        b. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and

        c. you must be permitted by the laws of the country or State/province where you are located to join EvolvMe and to view any Content available on it and to use any functionality provided by it.

        d. you must provide such other information or verification records as we require.

If you do not meet the above requirements, you must not access or use EvolvMe.

    7. Your commitments to us: When you register with and use EvolvMe, you make the following commitments to us:

        a. If you previously had an account with EvolvMe, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.

        b. You will make sure that all information which you submit to us is truthful, accurate and complete.

        c. You will update promptly any of your information you have submitted to us as and when it changes.

        d. You consent to receiving communications from us electronically, including by emails and messages posted to your EvolvMe account, and to the processing of your personal data as more fully detailed in our Privacy Policy.

        e. You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@evolvme.com  promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.

        f. You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.

        g. You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of EvolvMe.

    8. Rights we have, including to suspend or terminate your account:

        a. We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.

        b. It is our policy to suspend access to any Content you post on EvolvMe which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@evolvme.com . Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.

        c. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your EvolvMe account, but we are not obligated to give you prior notice of such removal or suspension.

        d. We reserve the right in our sole discretion to terminate your agreement with us and your access to EvolvMe for any reason by giving you 30 days’ notice by email or electronic message to your EvolvMe account. We can also suspend access to your User account or terminate your agreement with us and your access to EvolvMe immediately and without prior notice:

            ▪ if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or

            ▪ if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of EvolvMe.

If we suspend access to your User account or terminate your agreement with us and your access to EvolvMe we will let you know. During any period when access to your User account is suspended, any Community Member Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Practitioner/Vendor Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Practitioner/Vendors.

        e. Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on EvolvMe for you to be able to access your Content following termination of your account.

        f. We can investigate any suspected or alleged misuse, abuse, or unlawful use of EvolvMe and cooperate with law enforcement agencies in such investigation.

        g. We can disclose any information or records in our possession or control about your use of EvolvMe to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.

        h. We can change the third-party payment providers used to process payments on EvolvMe and if we do so, we will notify you and store applicable details on your EvolvMe account.

        i. Other than Content (which is owned by or licensed to Practitioner/Vendors), all rights in and to EvolvMe and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.

        j. We are the sole and exclusive owners of any and all anonymized data relating to your use of EvolvMe and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.

    9. What we are not responsible for: We will use reasonable care and skill in providing EvolvMe to you, but there are certain things which we are not responsible for, as follows:

        a. We do not authorize or approve Content on EvolvMe, and views expressed by Practitioner/Vendors or Community Members on EvolvMe do not necessarily represent our views.

        b. We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Practitioner/Vendors.

        c. Your Content may be viewed by individuals that recognize your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on EvolvMe, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on EvolvMe.

        d. All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via EvolvMe. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).

        e. You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of EvolvMe and that if you choose to do so, you do so entirely at your own risk.

        f. We make no promises or guarantees of any kind that Practitioner/Vendors or Referring Users will make a particular sum of money (or any money) from their use of EvolvMe (including the EvolvMe Referral Program).

        g. The materials which we make accessible on EvolvMe for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.

        h. We do not promise that EvolvMe is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access EvolvMe. You should use your own virus protection software.

        i. We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of EvolvMe.

        j. While we try to make sure that EvolvMe is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Practitioner/Vendors.

        k. We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.

        l. You acknowledge that once your Content is posted on EvolvMe, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.

    10. Intellectual property rights – ownership and licenses:

        a. You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which EvolvMe is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.

        b. You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of EvolvMe. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.

        c. The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sub-licensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Evolvme, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of EvolvMe, as well as to use your Content for other normal operations of EvolvMe. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.

        d. Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.

        e. You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on EvolvMe. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.

    11. Twitter: Users have the facility to connect an active Twitter account to their EvolvMe account and to share certain Content in the form of EvolvMe posts to Twitter using the share feature. If you use this feature, you must fully comply with Twitter's terms of service from time to time in respect of any Content shared in this way.

    12. Linking to and from EvolvMe:

        a. Links to EvolvMe:

            ▪ You may link to the EvolvMe homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

            ▪ If you are a Practitioner/Vendor, when promoting your Practitioner/Vendor account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Practitioner/Vendor account. When promoting your Practitioner/Vendor account, you must not impersonate EvolvMe or give the impression that your Practitioner/Vendor account is being promoted by us if this is not the case. You must not promote your EvolvMe account by using Google Ads or any similar advertising platform or search engine advertising service.

        b. Links from EvolvMe: If EvolvMe contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to EvolvMe, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

        c. Domain Names: In some instances, EvolvMe may allow Practitioner/Vendors to register or use domain names that contain the EvolvMe trademark or a confusingly similar term. However, you will not register such a domain name, unless:

            ▪ The domain name is registered by the Practitioner/Vendor.

            ▪ The domain name redirects to the Practitioner/Vendor’s EvolvMe profile. Domain names containing the EvolvMe trademark or a confusingly similar term must not direct to any other website, including link aggregators.

            ▪ The Practitioner/Vendor obtains prior written permission from EvolvMe and signs a licensing agreement.

If you would like to register a domain name containing the EvolvMe trademark or a confusingly similar term, please contact support@evolvme.com . Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in EvolvMe filing a domain dispute against the registrant.

    13. How do I delete my account? If you want to delete your EvolvMe account then you may do so in the 'User Account' section of your EvolvMe account.

        a. If you are a Community Member, the deletion of your account will take place within a reasonable time following your request.

        b. If you are a Practitioner/Vendor, then once you initiate the "delete account" process your account will remain open until the last day of your Community Members' paid Subscription period, following which you will receive your final payment and your account will be deleted.

        c. If you are both a Community Member and a Practitioner/Vendor then your account will be deleted in two stages (Community Member first and then Practitioner/Vendor).

        d. Once your account has been deleted you won't be charged any further amounts or have access to your former EvolvMe account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on EvolvMe for you to be able to access your Content following termination of your account.

    14. Who is responsible for any loss or damage suffered by you?

        a. Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.

        b. If you are a consumer User: If you are a consumer User, you agree that:

            ▪ We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of EvolvMe.

            ▪ If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.

        c. If you are a business User: If you are a business User, you agree that:

            ▪ We and our subsidiary companies, employees, owners, representatives, and agents:

                • exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to EvolvMe or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;

                • are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;

                • won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:

                    ◦ your inability to use EvolvMe or any of its services, features or programs; or

                    ◦ your use of or reliance on any content (including Content) stored on EvolvMe;

                • won't be liable to you for any:

                    ◦ loss of profits;

                    ◦ loss of sales, business, or revenue;

                    ◦ business interruption;

                    ◦ loss of anticipated savings;

                    ◦ loss of business opportunity, goodwill or reputation;

                    ◦ loss of data or information, including any Content; or

                    ◦ indirect or consequential loss or damage;

                • won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of EvolvMe or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;

                • won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;

                • won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as "doxing");

                • won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.

            ▪ Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:

                • 100% of the total fees paid by you to us in connection with your use of EvolvMe; and

                • USD 5,000.

    15. General: You agree that:

        a. If any aspect of your agreement with us is unenforceable, the rest will remain in effect.

        b. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;

        c. We reserve all rights not expressly granted to you.

        d. No implied licenses or other rights are granted to you in relation to any part of EvolvMe, save as expressly set out in the Terms of Service.

        e. Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the terms in section 16 ( Terms relating to disputes) may be enforced by our subsidiary companies, employees, owners, representatives and agents.

        f. You cannot transfer your rights or obligations under your agreement with us without our prior written consent.

        g. Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.

        h. The Terms of Service form the entire agreement between us and you regarding your access to and use of EvolvMe, and supersede any and all prior oral or written understandings or agreements between us and you.

    16. Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of EvolvMe (including those arising from or relating to your agreement with us) can be brought:

        a. For consumers (Community Members):

            ▪ Consumers - Law:

                • If you are a consumer, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of EvolvMe, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of EvolvMe (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.

            ▪ Consumers - where claims must be brought:

                • If you are a consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of EvolvMe (including, in both cases, non-contractual disputes or claims) may be brought in the courts of England and Wales or the courts of the country where you live.

                • If you are a consumer resident outside of the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of EvolvMe (including, in both cases, non-contractual disputes or claims) must be brought in the courts of England and Wales.

        b. For business Users (Practitioner/Vendors and Referring Users):

            ▪ Business Users – Law:

                • If you are a business User, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of EvolvMe, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of EvolvMe (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.

            ▪ Business Users - where claims must be brought:

                • If you are a business User, you and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of EvolvMe.

        c. Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning EvolvMe (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.

    17. Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:

        a. Terms of Use for Community Members – which contain additional terms which apply if you use EvolvMe as a Community Member;

        b. Terms of Use for Practitioner/Vendors – which contain additional terms which apply if you use EvolvMe as a Practitioner/Vendor;

        c. Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;

        d. Acceptable Use Policy – which applies to all Users and tells you what you can and can’t do on EvolvMe;

        e. Complaints Policy - which sets out the procedure for making a complaint about any aspect of EvolvMe, and how we will deal with that complaint;

        f. Platform to Business Regulation Terms – which contain additional terms which apply to Practitioner/Vendors who are established or resident in the European Union or the United Kingdom; and

        g. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with EvolvMe.

If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 17(a) to (h) above, the Terms of Use for all Users will apply to the extent of the conflict.


TERMS OF USE FOR COMMUNITY MEMBERS

BY USING OUR WEBSITE AS A COMMUNITY MEMBER, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Psychic readings, intuitive healings, and any of the services at EvolvMe are subject to interpretation and should not be taken as absolute.  By their nature, these services should not be expected as 100% accurate. All services given by practitioners on EvolvMe are for informational purposes only, and no guarantee can be given as to the accuracy of the service. These services do not replace Professional Medical/Legal/Business opinion and advice. It will not force you to follow a particular course of action, or attempt to exert any form of control over your free-will and common sense.

The contents of these services are not legally binding.  Any decisions made, or actions taken by you as a result of your service on EvolvMe are your sole responsibility and have not been forced upon you. EvolvMe and its owners, members, affiliates, and partners assumes no legal liability for any damages, losses, or other consequences of any client decisions, subsequent to, or based on services provided.  Please use your own common sense and judgment at all times. It is only with the complete understanding and acceptance of the above that your service will take place.

EvolvMe does not offer services to anyone under 18 years of age.  By accepting this service you confirm you are 18 years of age or over.

By proceeding with services from a practitioner on the EvolvMe site you agree to terms above and release EvolvMe, its owners, members, affiliates, and partners from all liabilities, legal claims and expenses that may result both directly and indirectly from services performed. EvolvMe reserves the right to change these conditions at any time without notice.


You are solely responsible for verifying a Practitioner/Vendor’s identity, qualifications, credentials, biographic information, licenses held, and other information.  EvolvMe is not responsible for any such verification. 


Community Member acknowledges and agrees that Practitioner/Vendors are neither employees nor agents nor representatives of EvolvMe, and EvolvMe assumes no responsibility for any act or omission of any such Practitioner/Vendor. 

Practitioner/Vendors are not employees or agents of EvolvMe or any of its affiliates. All Practitioner/Vendors are independent contractors of EvolvMe, and because they are independent contractors, EvolvMe does not control the quality, relevancy, or accuracy of any advice provided by an Practitioner/Vendor and does not determine whether any Practitioner/Vendor is qualified to provide any specific advice, whether an Practitioner/Vendor is categorized correctly or in the most appropriate category to provide the advice sought by a Community Member, or whether any postings on or transmissions through the Practitioner/Vendor Platform by a Community Member or an Practitioner/Vendor are accurate, correct, relevant, or appropriate.   

The advice or information provided by attorneys, doctors, and other Practitioner/Vendors in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting or a face-to-face physical examination.  Community Members should not rely on or make health, legal, financial, or other decisions based on advice provided by any Practitioner/Vendor.  EvolvMe strongly recommends that a Community Member seeking medical or mental health advice see a qualified professional in person.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA.  IN THE UNITED STATES, PLEASE DIAL 911.

TERMS:

    1. Introduction: These Terms of Use for Community Members are additional terms which apply if you use EvolvMe as a Community Member (also referred to as "you" and "your" in these Terms of Use for Community Members). These Terms of Use for Community Members form part of your agreement with us.

    2. Interpretation: In these Terms of Use for Community Members, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition, "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.

    3. Other terms which will apply to your use of EvolvMe: The following terms will also apply to your use of EvolvMe and you agree to them:

        a. Our Terms of Use for all Users;

        b. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;

        c. Our Acceptable Use Policy – which tells you what you can and can't do on EvolvMe;

        d. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of EvolvMe, and how we will deal with that complaint;

        e. The Standard Contract between Community Member and Practitioner/Vendor – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Community Member/Practitioner/Vendor Transaction you enter into on EvolvMe; and

        f. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with EvolvMe.

    4. Other terms which may apply to your use of EvolvMe: The following additional terms may apply to your use of EvolvMe If you are also a Practitioner/Vendor, the Terms of Use for Practitioner/Vendors will apply to your use of EvolvMe as a Practitioner/Vendor;

    5. Your commitments to us: You warrant (which means you make a legally enforceable promise) that:

        a. you are at least 18 years old;

        b. if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live;

        c. you will provide such other information or verification records as we require.

        d. you are permitted by the laws of the country or State/province where you are located to join EvolvMe and to view any Content available on it and to use any functionality provided by it; and

        e. you are able and willing to make payment (where required) to view Content available on EvolvMe which you wish to view and to use any functionality provided by EvolvMe that you wish to use.

    6. Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Community Member on EvolvMe:

        a. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on EvolvMe:

            i. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);

            ii. you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and

            iii. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on EvolvMe.

        b. You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.

        c. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of EvolvMe. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.

    7. Subscriptions and purchases by Community Members: This section describes the terms which apply to Community Member/Practitioner/Vendor Transactions:

        a. All Community Member/Practitioner/Vendor Transactions are contracts between Community Members and Practitioner/Vendors on the terms of the Standard Contract between Community Member and Practitioner/Vendor. Although we facilitate Community Member/Practitioner/Vendor Transactions by providing the EvolvMe platform and storing Content we are not a party to the Standard Contract between Community Member and Practitioner/Vendor or any other contract which may exist between a Community Member and Practitioner/Vendor, and are not responsible for any Community Member/Practitioner/Vendor Transactions.

        b. Practitioner/Vendors are solely responsible for determining (within the parameters for pricing on EvolvMe) the pricing applicable to Community Member/Practitioner/Vendor Transactions and the services they are providing. All prices appear in USD only.

        c. You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Community Member Payment. All Community Member Payments will be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.

        d. If you choose to provide details of two or more payment cards, then if you try to make a Community Member Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Community Member Payment.

        e. The payment provider will take (i) periodic payments from your payment card for Community Member Payments which are Subscriptions; and (ii) immediate payments from your payment card for Community Member Payments other than Subscriptions (including any tips paid by you to a Practitioner/Vendor). You authorize and consent to each of these payments being debited using your supplied payment card details.

        f. Apart from free-trial Subscriptions, all Subscriptions to a Practitioner/Vendor's profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the "Auto-Renew" switch located on the relevant Practitioner/Vendor's profile. This means that if you want to stop subscribing to a Practitioner/Vendor's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Practitioner/Vendor's profile.

        g. If you cancel a Subscription you will continue to be permitted to view the relevant Practitioner/Vendor's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Practitioner/Vendor's profile (unless you choose to pay for a new Subscription to that Practitioner/Vendor’s profile), and you will no longer be able to view the relevant Practitioner/Vendor's Content.

        h. You agree that you will not make unjustified requests for a refund in respect of any Community Member/Practitioner/Vendor Transaction or tip to a Practitioner/Vendor, or unjustified chargeback requests of your payment card provider in relation to any Community Member/Practitioner/Vendor Transaction or tip to a Practitioner/Vendor. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.

        i. Wallet credits: You can prepay an amount on EvolvMe (known as "Wallet Credits") which you can later use to make Community Member Payments. Purchases on EvolvMe cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you are not entitled to a refund of any unused Wallet Credits.

    8. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Community Member Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.


TERMS OF USE FOR PRACTITIONER/VENDORS

BY USING OUR WEBSITE AS A PRACTITIONER/VENDOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and the EvolvMe site delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Practitioners and Vendors are not employees or agents of the EvolvMe site or any of its affiliates. All Practitioners and Vendors are independent contractors of the EvolvMe site, and because they are independent contractors, the EvolvMe site does not control the quality, relevancy, or accuracy of any advice provided by a Practitioner or Vendor and does not determine whether any Practitioners or Vendor is qualified to provide any specific advice, whether a Practitioner or Vendor is categorized correctly or in the most appropriate category to provide the advice sought by a Community Member, or whether any postings on or transmissions through the EvolvMe site by a Community Member or Practitioner or Vendor are accurate, correct, relevant, or appropriate.   

In no case shall EvolvMe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

If you decide to provide your services through the use of the EvolvMe site, you must exercise a reasonable standard of care, at least the same as professional Practitioners and Vendors would in a similar transaction not conducted through the internet, or the standard of care mandated by your profession, whichever is higher. You shall not have any plea, claim or demand against the EvolvMe site, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any services you provide in connection with the use of the EvolvMe site. The EvolvMe site will not be deemed the provider or recipient of any the services acquired through the EvolvMe site. The sale or purchase of services is accordingly at your sole and entire risk.

Under no circumstances will the EvolvMe site, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any Practitioners and Vendors for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortious action, or arising from the EvolvMe site or any provision of this agreement. The EvolvMe site, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents’ aggregate liability for direct damages arising with respect to this agreement will not exceed the lesser of total amount of money paid to the EvolvMe site by you through the EvolvMe site in the 6 (six) month period prior to the date the claim arose and $100. You acknowledge and agree that the EvolvMe site disclaims any liability with respect to any claim, suit or action brought by the Community Members in connection with provision of any services by you (including, without limitation, representations by you as to your qualifications and advice) through the EvolvMe site.

EvolvMe does not control the accuracy of any postings on or transmissions through the EvolvMe site by Community Members.  EvolvMe also takes no responsibility for verifying the identity of any of its Community Members.  Therefore, you are encouraged to independently verify the details and creditworthiness of Community Members to whom you give or contemplate giving advice.


TERMS:

    1. Introduction: These Terms of Use for Practitioner/Vendors are additional terms which apply if you use EvolvMe as a Practitioner/Vendor (also referred to as "you" and "your" in these Terms of Use for Practitioner/Vendors). These Terms of Use for Practitioner/Vendors form part of your agreement with us.

    2. Interpretation: In these Terms of Use for Practitioner/Vendors, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.

    3. Other terms which will apply to your use of EvolvMe: The following terms will also apply to your use of EvolvMe and you agree to them:

        a. Our Terms of Use for all Users;

        b. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;

        c. Our Acceptable Use Policy – which tells you what you can and can’t do on EvolvMe;

        d. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of EvolvMe, and how we will deal with that complaint;

        e. The Standard Contract between Community Member and Practitioner/Vendor – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Community Member/Practitioner/Vendor Transaction you enter into on EvolvMe; and

        f. Our Community Guidelines – which provide additional terms and guidance regarding your interactions with EvolvMe.

    4. Other terms which may apply to your use of EvolvMe: The following additional terms may apply to your use of EvolvMe:

        a. If you are established or resident in the European Union or the United Kingdom.

        b. If you are also a Community Member, the Terms of Use for Community Members will also apply to your use of EvolvMe as a Community Member; and

    5. What are the fees that we charge Practitioner/Vendors for the use of EvolvMe? We charge a fee to you of twenty five percent (25%) of all Community Member Payments made to you called “Our Fee”. The remaining eighty per cent (75%) of the Community Member Payment is payable to you (called "Practitioner/Vendor Earnings"). Our Fee includes the costs of providing, maintaining and operating EvolvMe and storing your Content. Our Fee is deducted from the Community Member Payment, and Practitioner/Vendor Earnings are paid to you in the way described in the Payouts to Practitioner/Vendors section below.

    6. How to set up your account as a Practitioner/Vendor account: To set up your account as a Practitioner/Vendor account:

        a. You will need on your User account page to upload a valid form of ID and two photos of you in accordance with the following requirements:

    • A close-up photo of your government-issued ID (passport, driver’s license, ID card);

    • A photo of you (selfie) holding the same ID. Make sure your face is fully visible and the ID is fully visible.  

    • Images may not be edited, cropped or re-sized;

    • All images must be in color;

    • Submitted documents must be a photo or a scanned copy. Electronic documents or a photo of a photo will be rejected;

    • All 4 corners of the document must be visible;

    • The entire government issued, non-expired ID must be shown. No parts of the document may be redacted, covered, cut, or censored;

    • Files must be .PNG or .JPG format and under 7MB in size;

    • Provided document shall not expire for at least 30 days from the date of submission.

        b. You will need on your User account page to add a bank account or payment details of your bank account or a payment method.

        c. You will need on your User account page to select one of the available methods provided by EvolvMe as to how your Practitioner/Vendor Earnings will be transferred to you. These methods are called Payout Options.

        d. You may also need to submit additional information depending on the country where you live.

        e. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Practitioner/Vendor account for any reason.

        f. Once you have set up your account as a Practitioner/Vendor account, then if you want to charge your Community Members a monthly subscription fee you will need to set your subscription price for your Community Members within the range allowed by EvolvMe.

        g. You will then be able to start adding Content and Users will be able to subscribe to your account to become your Community Members.

        h. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.

    7. Personal legal responsibility of Practitioner/Vendors: Only individuals can be Practitioner/Vendors. Every Practitioner/Vendor is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Practitioner/Vendor account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.

    8. Community Member/Practitioner/Vendor Transactions: This section describes the terms which apply to Community Member/Practitioner/Vendor Transactions:

        a. All Community Member/Practitioner/Vendor Transactions are contracts between Community Members and Practitioner/Vendors on the terms of the Standard Contract between Community Member and Practitioner/Vendor. Although we facilitate Community Member/Practitioner/Vendor Transactions by providing the EvolvMe platform and storing Content, we are not a party to the Standard Contract between Community Member and Practitioner/Vendor or any other contract which may exist between a Community Member and Practitioner/Vendor, and are not responsible for any Community Member/Practitioner/Vendor Transaction.

        b. When you receive confirmation from EvolvMe, either in the ‘Statements’ page of your User account or by email (or both), that the Community Member/Practitioner/Vendor Transaction has been confirmed, you must perform your part of such Community Member/Practitioner/Vendor Transaction (for example, by allowing the Community Member to view the Content on your Practitioner/Vendor account and/or providing the customized Content paid for by the Community Member and/or allowing the Community Member to use the Community Member interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).

    9. Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Practitioner/Vendor on EvolvMe:

        a. Your Content is not confidential, and you authorize your Community Members to access and view your Content on EvolvMe for their own lawful and personal use, and in accordance with any licenses that you grant to your Community Members.

        b. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on EvolvMe:

            i. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);

            ii. you hold all rights necessary to license and deal in your Content on EvolvMe, including in each territory where you have Community Members and in the United Kingdom;

            iii. you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Community Members;

            iv. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on EvolvMe; and

            v. the Content is:

                1. of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;

                2. reasonably suitable for any purpose which the Community Member has made known to you is the purpose for which the Community Member is using the Content; and

                3. as described by you.

        c. You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.

        d. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of EvolvMe. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.

        e. You also agree to act as custodian of records for the Content that you upload to EvolvMe.

    10. Advertising on EvolvMe:

        a. If you post or upload video Content to your Practitioner/Vendor account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out in sections 10(b) and (c) of these Terms of Use for Practitioner/Vendors.

        b. Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Practitioner/Vendor account:

            i. does not:

                1. prejudice respect for human dignity;

                2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

                3. encourage behavior prejudicial to health or safety;

                4. encourage behavior grossly prejudicial to the protection of the environment;

                5. cause physical, mental or moral detriment to any person;

                6. directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;

                7. directly encourage persons to persuade others to purchase or rent goods or services;

                8. exploit the trust of persons in others; or

                9. unreasonably show persons in dangerous situations;

            ii. does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;

            iii. does not advertise, promote, or facilitate illegal gambling, and

            iv. in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.

        c. Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to EvolvMe contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.

    11. Co-authored Content:

        a. If you upload Content to your Practitioner/Vendor account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Practitioner/Vendor on EvolvMe; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.

        b. You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:

            i. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and

            ii. has consented to the Co-Authored Content in which he or she appears being posted on EvolvMe.

        c. In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Practitioner/Vendor account on EvolvMe, you will tag the EvolvMe account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.

        d. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on EvolvMe.

        e. You agree that we will only arrange for Practitioner/Vendor Earnings to be paid to the account of the Practitioner/Vendor to which the Co-Authored Content is uploaded. The Practitioner/Vendor who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Practitioner/Vendor Earnings earned on any Co-Authored Content in which you appear but which is posted on another Practitioner/Vendor’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Practitioner/Vendor, terminate your account, and/or withhold all or any portion of Practitioner/Vendor Earnings earned but not yet paid out to you.

        f. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Practitioner/Vendor(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).

    12. Payouts to Practitioner/Vendors:

        a. All Community Member Payments will be received by a third-party payment provider approved by us.

        b. If you have chosen the Stripe Payout Option, Stripe will collect the Community Member Payment and pay the Practitioner/Vendor Earnings to your bank account.

        c. Where Stripe is not the Payout Option chosen by you, Our Fee will be deducted from the Community Member Payment received and your Practitioner/Vendor Earnings will be held by us or one of our subsidiary companies on your behalf.

        d. Your EvolvMe account will be updated within a reasonable time with your Practitioner/Vendor Earnings. Your Practitioner/Vendor Earnings will become available for withdrawal by you from your EvolvMe account once such Practitioner/Vendor Earnings appear in your EvolvMe account.

        e. To make a withdrawal of Practitioner/Vendor Earnings from your EvolvMe account, you must have at least the minimum payout amount in your EvolvMe account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.

        f. The amount that you see in your ‘current balance’ in your EvolvMe account is your Practitioner/Vendor Earnings at the relevant time. All Community Member Payments and Practitioner/Vendor Earnings are transacted in USD only. If you have chosen the "Stripe" Payout Option then the Community Member Payments and Practitioner/Vendor Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.

        g. If a Community Member successfully seeks a refund or chargeback from their credit card provider in respect of a Community Member Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Practitioner/Vendor Earnings earned by you on the charged-back or refunded amount.

        h. Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.

    13. Circumstances in which we may withhold Practitioner/Vendor Earnings:

        a. We may withhold all or any part of the Practitioner/Vendor Earnings due to you but not yet paid out:

            i. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;

            ii. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or

            iii. if we suspect that all or any part of the Practitioner/Vendor Earnings result from unlawful or fraudulent activity, either by you or by the Community Member who made the Community Member Payment resulting in the Practitioner/Vendor Earnings,

for as long as is necessary to investigate the actual, threatened, or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Practitioner/Vendor Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Practitioner/Vendor Earnings.

        b. We may also withhold all or any part of the Practitioner/Vendor Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Practitioner/Vendor Earnings. We undertake no duty to pay Practitioner/Vendor Earnings to third-party lienholders and may withhold payment of Practitioner/Vendor Earnings until the lien has been removed.

        c. We shall not have any responsibility to you if we withhold or forfeit any of your Practitioner/Vendor Earnings where we have a right to do so under these Terms of Use for Practitioner/Vendors.

        d. If we are withholding all or any part of the Practitioner/Vendor Earnings due to you and we determine that part of the Practitioner/Vendor Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Practitioner/Vendor Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Practitioner/Vendor Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.

        e. If once we have finished our investigation, we determine that Practitioner/Vendor Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Community Member Payments which resulted in forfeited Practitioner/Vendor Earnings are returned to the relevant Community Members who paid such Community Member Payments.

    14. Promoting Tax compliance and VAT:

        a. General:

            i. We recommend that all Practitioner/Vendors seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.

            ii. By using EvolvMe as a Practitioner/Vendor, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of EvolvMe to the relevant Tax authority in your jurisdiction, as required by law.

            iii. By using EvolvMe as a Practitioner/Vendor you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an EvolvMe account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:

                1. notify us by email to support@evolvme.com in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and

                2. promptly provide us by email to support@evolvme.com with:

                    a. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and

                    b. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.

            iv. For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on EvolvMe or by support@evolvme.com  in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Practitioner/Vendors.

            v. We reserve the right to close your EvolvMe account if we are notified of or become aware of any Tax non-compliance by you.

        b. UK VAT and UK established Practitioner/Vendors:

            i. For the purposes of UK VAT only, Practitioner/Vendors are treated as providing their services to EvolvMe, rather than to Community Members directly.

            ii. If you are a Practitioner/Vendor registered for UK VAT:

                1. You will be treated, for VAT purposes, as charging EvolvMe your Practitioner/Vendor Earnings (80% of all and any Community Member Payments), together with UK VAT at the prevailing rate in force at the time of the Community Member Payment;

            iii. You agree that you will keep copies of all VAT invoices and VAT returns in connection with your earnings from EvolvMe and you will provide us with copies of such documents within 14 days of our written request that you do so. For the avoidance of doubt, it is your obligation to comply with all provisions of VAT legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of the VAT legislation.

            iv. If you are a Practitioner/Vendor in the UK who is not required to register for UK VAT, then you should monitor the level of taxable sales that you make in the UK (including any Referral Payments) to ensure you have not exceeded the VAT registration threshold in the UK. It is your obligation, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.

            v. We do not monitor earnings that Practitioner/Vendors receive from other income sources. However, we will monitor the annual earnings of UK Practitioner/Vendors on our platform, and if you are not already VAT registered and your earnings exceed the VAT registration threshold, you will receive a notification from us asking you to register for VAT. If you receive such a VAT registration notification, you agree to register for VAT as soon as possible and to send your VAT registration number to us at support@evolvme.com, within 6 weeks of such notification. Failure to do so may result in your EvolvMe account being closed.


ACCEPTABLE USE POLICY

BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY

This Policy applies to your use of EvolvMe and all Content on EvolvMe and forms part of your agreement with us. This Policy sets out what is and is not permitted on EvolvMe.

In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.

    1. Do not use EvolvMe except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of EvolvMe to or with anyone else.

    2. Only use EvolvMe in a manner and for a purpose that is lawful.

    3. Do not upload, post, display, or publish Content on EvolvMe that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.

    4. Do not use EvolvMe in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.

    5. Do not upload, post, display, or publish Content on EvolvMe that:

        a. shows, includes or refers to:

        b. shows, promotes, advertises or refers to:

            i. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;

            ii. drugs or drug paraphernalia;

            iii. self-harm or suicide;

        c. contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);

        d. contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for EvolvMe including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;

        e. gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;

        f. causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;

        g. is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or

        h. involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.

    6. You must comply with any requirements set out in our Community Guidelines. 

    7. Do not use EvolvMe to stalk, bully, abuse, harass, threaten or intimidate anyone else.

    8. Do not use EvolvMe to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.

    9. Respect the intellectual property rights of Practitioner/Vendors, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.

    10. Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.

    11. Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.

    12. Do not provide false account registration information or make unauthorized use of anyone else's information or Content.

    13. Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Practitioner/Vendor's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.

    14. Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.

    15. Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.

    16. Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.

    17. Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.

    18. Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of EvolvMe.

    19. Do not use EvolvMe in a way that could adversely affect our systems or security or interfere with any other User’s use of EvolvMe, including their ability to engage in real-time activities through EvolvMe.

    20. Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access EvolvMe or any server, network or system associated with EvolvMe, or to extract, scrape, collect, harvest or gather Content or information from EvolvMe.

    21. Do not use EvolvMe' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.

Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.


COMPLAINTS POLICY

    1. Introduction: This document set out our complaints policy. If you are a User of EvolvMe this Complaints Policy forms part of your agreement with us.

    2. Who we are and how to contact us: EvolvMe is a Limited Liability company operating at 455 NW 35th Street Suite 105 Boca Raton Florida 33431

    3. Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition, the term "business days" means any day which is not a Saturday, Sunday or public holiday in England.

    4. Who can use this Complaints Policy? Whether or not you are a User of EvolvMe, you can use this Complaints Policy to alert us to any complaint which you have relating to EvolvMe.

    5. How to make a complaint: If you have a complaint about EvolvMe (including any complaint about Content appearing on EvolvMe or the conduct of a User), please send your complaint to support@evolvme.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.

If you are unable to contact us by email, please write to us at the following address: 455 NW 35th Street, Suite 105 Boca Raton, FL. 33431

    6. How we will deal with complaints of illegal or non-consensual Content: Following receipt of your complaint of illegal or non-consensual Content under section 5 above:

        a. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;

        b. if we require further information or documents from you, we will contact you to let you know;

        c. we will in good faith investigate your complaint within seven (7) business days;

        d. if we are satisfied that the Content is unlawful or non-consensual, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;

        e. if we are satisfied that the Content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message.

Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at our expense.

    7. How we will deal with complaints related to copyright infringement: Complaints related to copyright infringement must be submitted in accordance with our DMCA Policy, and we will respond to copyright infringement complaints as set out in such policy.

    8. How we will deal with other complaints: Following receipt of other complaints (including complaints related to other breaches of our Acceptable Use Policy) under section 5 above:

        a. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;

        b. if we require further information or documents from you, we will contact you to let you know;

        c. we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on EvolvMe and we are satisfied that the Content otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content;

        d. we are not obligated to inform you of the outcome of your complaint.

    9. Unjustified or abusive complaints: If you are a User of EvolvMe, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.


PLATFORM TO BUSINESS REGULATION TERMS

    1. Introduction: These Platform to Business Regulation Terms form part of the Terms of Service.

    2. Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to them in the Terms of Use for all Users.

    3. Promoting Practitioner/Vendors via other distribution channels: We may choose to promote you via our Instagram (www.instagram.com/evolvme ) and Twitter (www.twitter.com/evolvme) social media accounts.

    4. Ranking on EvolvMe: We randomly suggest potential Practitioner/Vendors for a User to follow based on the Practitioner/Vendors that have earned money on EvolvMe in the previous 30 days. We have no ranking system. There is no search/discovery feature on EvolvMe.

    5. Complaints: If you have a complaint about:

        a. any alleged non-compliance by us with any obligations laid down in the Platform to Business Regulation which affect you; or

        b. technological issues relating directly to EvolvMe and which affect you; or

        c. measures taken by us or our conduct which relate directly to EvolvMe and which affect you,

then please submit your complaint to support@evolvme.com.

    6. Complaint-handling process: Following receipt of your complaint under section 7 above, we will:

        a. consider your complaint and the follow-up which we may need to give to your complaint (including asking you for further information or documents) in order to adequately address the issue raised;

        b. process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and

        c. communicate to you in plain and intelligible language by email or by message to your EvolvMe account the outcome of the internal complaint-handling process.

    7. Mediation service: If your complaint under section 7 above is not resolved to your satisfaction through our internal complaint-handling process as set out in section 8 above, then you may access the mediation service by contacting:

Evolv| Virtual Enlightenment & Metaphysical Exchange

455 NW 35th St. Suite 105