Schedule a call

Schedule a call

EVY Terms of Service

Effective date: May 8, 2026 Last updated: May 13, 2026

1. Agreement to These Terms

These Terms of Service (“Terms”) form a legally binding agreement between you (“you,” “your,” or “Customer”) and Evestar Group LLC (“Evestar,” “we,” “us,” or “our”) governing your access to and use of the EVY application (“EVY” or “the Service”) for Shopify and the related services and websites operated by Evestar at evestar.com.

By installing EVY, creating an account, or otherwise using the Service, you confirm that you have read, understood, and agreed to be bound by these Terms and by our Privacy Policy. If you do not agree, do not install or use the Service.

If you are using EVY on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and “you” refers to that entity.

Evestar Group LLC is registered at 8625 Twin Lake Drive, Boca Raton, FL 33496, United States.

2. Beta Service

EVY is currently provided as a Beta Service. By using the Service, you acknowledge and agree that:

  • The Service is provided free of charge during the beta period
  • The Service may contain bugs, errors, incomplete features, or other defects
  • Features, functionality, and pricing may change at any time without notice
  • Evestar may modify, suspend, or discontinue any aspect of the Service at any time
  • No service-level commitments (uptime guarantees, availability targets, or response times) apply during the beta period
  • The Beta Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind

Evestar may transition the Service from beta to general availability at any time, at which point additional terms or pricing may apply. We will provide reasonable advance notice before any such transition.

3. Eligibility and Account Registration

To use EVY, you must:

  • Be at least 18 years of age
  • Be capable of forming a binding contract under applicable law
  • Provide accurate, current, and complete information during registration
  • Maintain the security of your account credentials and notify us promptly of any unauthorized access

You are responsible for all activity that occurs under your account.

4. Description of the Service

EVY is a Creative Intelligence application that helps Shopify merchants and advertising agencies build creative strategy. EVY’s core functionality includes:

  • Analyzing publicly available competitor advertising creative
  • Diagnosing the performance of your own advertising creative based on data from connected advertising platforms
  • Generating creative strategy recommendations, ad copy, and visual concepts
  • Connecting to your Shopify store to read product catalog data
  • Connecting to your Figma files to read design metadata
  • With your authorization, creating, scheduling, and launching advertising campaigns on connected advertising platforms on your behalf

Where you authorize EVY to launch or manage advertising on your behalf, the Service acts on your instructions and within the scope of the authorization you have granted. You remain solely responsible for all such advertising activity and its consequences. See Section 8.

5. License Grant

Subject to your compliance with these Terms, Evestar grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during the term of this Agreement.

All rights not expressly granted are reserved by Evestar.

6. Your Content and Generated Output

6.1 Your Content

“Your Content” means all data, materials, and information you submit to, upload to, connect with, or generate through the Service, including product information you connect from Shopify, design files connected from Figma, settings, and prompts.

You retain all rights to Your Content. You grant Evestar a limited, worldwide, royalty-free, non-exclusive license to use, copy, transmit, process, and display Your Content solely as necessary to operate the Service for you.

6.2 Generated Output

“Generated Output” means the creative materials produced by the Service in response to your inputs, including ad copy, creative concepts, designs, and recommendations.

As between you and Evestar, you own all right, title, and interest in the Generated Output you receive, subject to:

  • Third-party rights in any pre-existing materials incorporated into the Generated Output
  • The legal limits on copyright protection for AI-generated content. The United States Copyright Office has taken the position that purely AI-generated material is generally not eligible for copyright protection, and similar positions exist in other jurisdictions. Evestar makes no representations or warranties about the copyrightability of Generated Output

You are responsible for reviewing all Generated Output before use and ensuring it complies with applicable laws, the advertising and content policies of any platform on which it appears, and any contractual obligations you have to third parties.

6.3 AI Output Accuracy Disclaimer

The Service uses generative AI to produce recommendations and creative content. AI-generated output may contain inaccuracies, factual errors, biases, hallucinations, or content that requires human review and correction. You agree to:

  • Treat all Generated Output as a draft and starting point, not a final product
  • Independently verify factual claims, statistics, product representations, and any regulated content (such as health, financial, or legal statements)
  • Review Generated Output for compliance with platform policies and applicable law before publishing or authorizing publication
  • Take full responsibility for any Generated Output you choose to publish, distribute, or authorize EVY to launch on your behalf

7. Acceptable Use

You agree not to, and not to permit any third party to:

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code, models, or underlying algorithms of the Service
  • Scrape, harvest, or extract data from the Service in bulk, by automated means, or in any manner not authorized by Evestar
  • Resell, rent, lease, sublicense, or commercially redistribute access to the Service
  • Use the Service to build, train, or improve a product or service that competes with EVY
  • Use the Service to engage in any activity that is illegal, infringes the rights of others, or violates the terms or policies of any Connected Platform (including Shopify, Meta, TikTok, Figma, and Triple Whale)
  • Submit content or generate output that constitutes hate speech, harassment, sexually explicit content, child sexual abuse material, or content that facilitates real-world violence or self-harm
  • Attempt to gain unauthorized access to the Service, other accounts, or Evestar’s systems
  • Interfere with or disrupt the integrity, performance, or security of the Service
  • Misrepresent your identity, affiliation, or authority to use the Service

Evestar may suspend or terminate access to the Service if it reasonably determines that you have violated this Section.

8. Connected Platforms and Your Advertising Activity

The Service is designed to connect to — and, with your authorization, take actions on — third-party platforms including Shopify, Meta, TikTok, Figma, and Triple Whale (“Connected Platforms”). Connected Platforms are operated by their respective providers and are not controlled by Evestar.

By connecting a platform, you authorize Evestar to access data from that platform as described in our Privacy Policy. Where you specifically authorize EVY to take actions on a Connected Platform on your behalf — including creating, scheduling, or launching advertising campaigns — those actions are taken on your instructions, as your authorized agent for that limited purpose.

You are solely responsible for:

  • Maintaining your accounts on Connected Platforms in good standing
  • Ensuring that your use of EVY, and any campaigns EVY creates or launches on your behalf, comply with the terms of service and advertising policies of each Connected Platform
  • All ad spend, billing, and financial obligations owed to Connected Platforms
  • All consequences of advertising launched through your accounts, including ad performance, account suspensions or bans, policy violations, claims arising from ad content, and disputes with Connected Platforms or their users
  • Reviewing campaign drafts, Generated Output, and authorization scopes before they are acted upon; by authorizing EVY to launch a campaign, you confirm you have reviewed and approved it

Evestar is not liable for the availability, content, performance, pricing, or actions of any Connected Platform, or for any loss or damage arising from your use of a Connected Platform or from advertising activity launched on your behalf.

9. Pricing and Payment

9.1 Beta Period

During the current beta period, the Service is provided free of charge. No payment is required, and no auto-renewal applies.

9.2 Future Pricing

Evestar may introduce paid tiers, subscriptions, or usage-based pricing for the Service. We will provide reasonable advance notice before any pricing applies to you, and your continued use of the Service after pricing takes effect constitutes acceptance of the applicable charges.

9.3 Payment Processing

When pricing applies, payments will be processed by Stripe, Inc. or a similar third-party payment processor. You agree to provide accurate billing information and to comply with the payment processor’s own terms.

9.4 No Refunds

Except where required by applicable law, all fees, once charged, are non-refundable.

10. Term, Cancellation, and Termination

10.1 Term

These Terms remain in effect for as long as you maintain an EVY account and use the Service.

10.2 Cancellation by You

You may cancel your account at any time by uninstalling EVY, disconnecting it from your Shopify store, or contacting support@evestar.com.

10.3 Termination by Evestar

Evestar may suspend or terminate your access to the Service, in whole or in part, at any time and without prior notice, if:

  • You fail to pay any amounts due (when pricing applies)
  • You violate these Terms or our Acceptable Use policy in Section 7
  • Evestar reasonably believes you have engaged in fraud, misuse, or abuse of the Service
  • Your account has been inactive for 12 or more consecutive months
  • We are required to do so by law or by order of a competent authority
  • We discontinue the Service or any material part of it

10.4 Effects of Termination

Upon termination:

  • Your right to access and use the Service ends immediately
  • Sections of these Terms that by their nature should survive termination will continue to apply (including those concerning intellectual property, indemnification, limitation of liability, disclaimers, and governing law)
  • Evestar will handle your data in accordance with the retention rules described in our Privacy Policy

11. Intellectual Property

11.1 Evestar IP

The Service — including all software, models, algorithms, user interfaces, documentation, branding, and other materials provided by Evestar — is owned by Evestar and protected by intellectual property laws. Except for the limited license granted in Section 5, no rights are granted to you under these Terms by implication, estoppel, or otherwise.

11.2 Feedback

If you provide Evestar with any suggestions, comments, ideas, bug reports, or other feedback about the Service (“Feedback”), you grant Evestar a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and exploit such Feedback for any purpose, without obligation or compensation to you.

11.3 Aggregate and Anonymized Data

Evestar may collect, use, and retain in perpetuity aggregated, anonymized, or de-identified information derived from use of the Service for purposes including improving the Service, training and evaluating models, analytics, research, and benchmarking. Such data does not identify you, your business, your customers, or any individual.

12. Privacy

Our collection, use, and protection of personal data is governed by our Privacy Policy, available at evestar.com/EVY/privacy, which is incorporated into these Terms by reference.

13. Confidentiality

Each party agrees to protect the other’s Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar sensitivity, and in no event less than a reasonable standard of care.

“Confidential Information” means non-public business, technical, or financial information disclosed by one party to the other in connection with the Service. Confidential Information does not include information that:

  • Is or becomes publicly available without breach of these Terms
  • Was rightfully known to the receiving party before disclosure
  • Is independently developed without use of the disclosing party’s Confidential Information
  • Is rightfully received from a third party without restriction

Either party may disclose Confidential Information if required by law, provided that it gives prompt notice (where permitted) so the disclosing party may seek protective measures.

14. Disclaimers; No Warranty

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVESTAR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, EVESTAR DOES NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
  • GENERATED OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, NON-INFRINGING, OR FIT FOR YOUR INTENDED USE
  • THE SERVICE WILL PRODUCE ANY PARTICULAR BUSINESS OUTCOMES, INCLUDING INCREASED SALES, IMPROVED ROAS, OR ANY OTHER RESULT
  • ERRORS OR DEFECTS WILL BE CORRECTED

YOU USE THE SERVICE, ANY GENERATED OUTPUT, AND ANY ADVERTISING LAUNCHED BY EVY ON YOUR BEHALF AT YOUR OWN RISK.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • IN NO EVENT WILL EVESTAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF EVESTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
  • EVESTAR’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO EVESTAR FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100)

THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, AND SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

16. Indemnification

16.1 By You

You agree to defend, indemnify, and hold harmless Evestar and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Service
  • Your Content or any Generated Output you publish, distribute, or authorize EVY to launch
  • Your violation of these Terms or of any applicable law
  • Your violation of the terms or policies of any Connected Platform
  • Advertising campaigns and content launched through your accounts (whether by you directly or by EVY on your authorization), including ad content claims, regulatory violations, policy violations, ad-spend disputes, and account actions taken by Connected Platforms

16.2 By Evestar

Evestar will defend you against any third-party claim alleging that the Service, as provided by Evestar and used in accordance with these Terms, directly infringes a valid copyright, trademark, or other intellectual property right, and will indemnify you for amounts finally awarded by a court or paid in settlement, provided you give Evestar prompt written notice of the claim, allow Evestar to control the defense and settlement, and reasonably cooperate.

Evestar has no obligation under this Section to the extent the claim arises from Your Content, Generated Output you have modified, your combination of the Service with other products or data, or your use of the Service in violation of these Terms.

17. Modifications to These Terms

Evestar may update these Terms from time to time. The “Last updated” date at the top of these Terms reflects the latest revision. For material changes, we will provide notice through the Service or by email to account administrators before the change takes effect. Your continued use of the Service after a change becomes effective constitutes acceptance of the updated Terms.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of laws principles.

Any dispute, claim, or controversy arising out of or related to these Terms or the Service that cannot be resolved through informal negotiation shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction and venue of those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

19. Export Controls and Sanctions

You represent and warrant that:

  • You are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
  • You are not listed on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List

You will comply with all applicable U.S. and other export control and sanctions laws in your use of the Service.

20. General Provisions

20.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or addenda entered into between you and Evestar, constitute the entire agreement between the parties regarding the Service and supersede all prior or contemporaneous agreements and communications.

20.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

20.3 No Waiver

A party’s failure to enforce any right or provision of these Terms will not be a waiver of that right or provision.

20.4 Assignment

You may not assign these Terms, in whole or in part, without Evestar’s prior written consent. Evestar may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

20.5 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

20.6 Force Majeure

Neither party will be liable for delay or failure in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet outages, or failures of third-party services.

20.7 Notices

Notices to Evestar under these Terms must be sent to support@evestar.com. Notices to you may be sent to the email address associated with your account or posted within the Service.

21. Contact

If you have any questions about these Terms, contact us at:

Evestar Group LLC 8625 Twin Lake Drive Boca Raton, FL 33496 United States

Email: support@evestar.com

Thanks for contacting us!