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Last Updated January 8, 2024.

This is the End User License Agreement (“EULA”) for LOU®, our software as a solution provided and maintained by Evosus, Inc. (“Evosus”, “we,” or “us”). This EULA, along with our Privacy Policy and Terms of Service - LOU (both incorporated herein by reference), creates a binding agreement between Evosus and you and/or your company (“Client” or “you”) and your Users. All references herein to “you” or “Client” also include your Users. Evosus and you may be individually referred to herein as a "Party" and collectively as the "Parties". Capitalized terms not defined herein have the meaning given in the Terms of Service - LOU.


In consideration of mutual promises and full access and use of Evosus Services, and upon the terms and conditions set forth below, the Parties agree as follows:


    By accessing or using the Evosus Services or by clicking or checking a box to accept this EULA wherever it may be presented to you, you: (a) accept this EULA and agree to be bound by its terms; and (b) represent and warrant that: (i) you are of legal age and capacity to form a legal agreement; (ii) if you represent at company, organization or other legal entity (“Entity”), you have the right, power and authority to enter into this EULA on behalf of such Entity and bind such Entity to its terms. If you do not agree with this EULA, you may not use LOU or Products and no license is granted to you hereunder.

  2. LOU

    LOU® is a cloud-based software as a solution that provides Clients with business management software and services to help them streamline and grow their businesses (the software, together with the Documentation and Equipment is referred to herein as “LOU”) through evosus.com (the “Site”) and related merchant products (“Products”) located at lou.store. Clients must use LOU in combination with the Evosus merchant card services account via Evosus Payments (“Evosus Payments”). Clients are not permitted to use LOU without an approved Evosus Payments account which you can apply for here. Clients may access and use LOU through the Site on a maximum of three devices per User. LOU may, from time to time require updates which may occur automatically on your device once a new version or feature is available. Some of our Products, such as hardware bundles, training programs, and consulting services, can be purchased at lou.store.

    a. Service Levels
    LOU is offered at the Pro or Enterprise service tier and you can bundle your subscription at the Foundation (free), Retail, Service, or Retail/Service combinations. See the Pricing page on the Site for details.

    b. LOU License
    LOU and all other Evosus Services and all underlying intellectual property and data of the Evosus Services are owned exclusively by Evosus. See the Terms of Service – LOU for further details. In exchange for your payment of the Fees described below, Evosus grants you a thirty (30) day limited, revocable, royalty-free, non-assignable, and non-exclusive license to use LOU provided to you by Evosus as part of Evosus Services for the sole purpose of enabling you to use Evosus Services in the manner permitted by this EULA (the “LOU License”). You agree to use LOU solely for purposes of streamlining and growing your organization. The LOU License does not permit you to use LOU for any other purposes. Any other use of LOU not expressly granted by this EULA is strictly prohibited. You agree to safeguard the Evosus Services (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access.

    Some of Evosus Services may be offered under an open-source license that we will make available to You. You shall not copy, duplicate, modify, distribute, sell, publish, sublicense, transfer, creative derivative works, or lease any part of Evosus Services or included software, nor may you reverse engineer or attempt to extract the source code of Evosus Services. You agree to not download any Content unless that specific Content is accompanied by a “download” or similar link.

    The Evosus Services licensed hereunder are licensed to you, not sold. Evosus reserves all intellectual property rights not expressly granted herein. You acknowledge that you have no interest in LOU, Equipment, Documentation and/or Products (“License Materials”), as defined herein, other than the LOU License granted under this EULA. You agree that your use of LOU or License Material, and any goodwill in LOU or License Materials resulting from your use will inure solely to Evosus’ benefit and will not create any right, ownership, title, or interest for you in LOU and/or License Material. THIS EULA EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE OR SAAS SOLUTION THAT YOU DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF EVOSUS SERVICES.

    c. License Model
    You may increase, decrease, or terminate your LOU License at any time as needed to fit the number of Users you need. Notwithstanding the preceding sentence, the maximum number of Users on the Pro plan is 10. Fees are based on the maximum number of Users and Evosus Services that are active at any given time in a thirty (30) day period, the package or service tier you choose, and the number of Add-On Services activated during the thirty (30) day billing period. Evosus reserves the right to use license management software to limit your use of LOU to the limits stated in this EULA. You agree to not circumvent or attempt to circumvent such license management software.

    d. Privacy
    By using LOU, you also agree and comply with our Privacy Policy and the terms and privacy notices of any third-party hosting service we may use, such as Google Cloud and Microsoft Azure. Information provided through LOU may be collected, recorded, stored, or maintained by Evosus for business purposes and business analytics. For further information about your information collected from LOU, please review our Privacy Policy.

    e. Communications
    You agree that we may send you service announcements, administrative messages, notifications, offers, promotions, affiliate information, and other important information. You may opt out of some of those communications by clicking the “unsubscribe” button on the bottom of all emails sent from Evosus to you. However, you may not opt-out or unsubscribe from an email from Evosus that involves material information regarding Your Account. You may invite other users to use Evosus Services, which will require Us to send those invited users’ emails. By voluntarily opting in or choosing an offer, promotion, discount, or deal with any of Our vendors, partners, or affiliates, you hereby agree and acknowledge that We may send your contact information for the third party to contact you directly. You may opt out of that communication directly with the third-party affiliate, partner, or vendor at any time and in compliance with their applicable terms of use and privacy policies.

    f. Training Materials
    Evosus may provide training to you or your business, agents, employees, contractors, affiliates, or vendors that are also subject to this EULA. Training may include online or remote consulting, webinars, on-site education, or collateral in printed or digital form. All training materials (e.g., workbooks, webinars, print or digital material, consulting information) are the intellectual property of Evosus, and you shall not use, copy, replicate, sell, sublicense, transfer, distribute, or publish without the prior written approval of Evosus.

    g. License Restrictions
    This paragraph is in addition to and not in lieu of the License Limitations in the Terms of Service – LOU. You shall not license, sublicense, sell, resell, transfer without written notification, assign without written notification, distribute, or otherwise commercially exploit or make License Material available to any third party in any way except as expressly permitted in this EULA. You may only use License Material for yourself or your Entity. Unless we provide written authorization, you shall not train or otherwise allow any third party to use the License Material but shall inform anyone who seeks permission to use License Material commercially to contact Evosus and seek their own license(s). Users shall not share, permit, or allow access to his or her respective unique username and password to enable someone else to access or use Evosus Services.

    You shall not use LOU or its License Materials in connection with any activity that: (i) is illegal; (ii) defames, ridicules, disparages, or in any way is intended to cause harm to Evosus, its founders, owners, employees, agents, sponsors, licensors, licensees or other individual, entity or organization, or each of their products or services; or (iii) that otherwise damages the reputation for quality inherent in LOU and/or License Materials.

    You shall not copy, disassemble, decompile, or reverse engineer LOU or create any tool using similar ideas, features, functions, or graphics of LOU to build a competitive product, software, or service.

    You may not: (a) create derivative works that use LOU License, License Material, or Confidential Information in any manner; (b) use LOU to provide services on any application service providers, software-as-a-service or service bureau basis; (c) claim to be approved, recommended, or “certified” by Evosus; (d) remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features that Evosus has in place or attempt to do so; or (e) export or re-export the Evosus Services without the prior written consent of Evosus and without compliance with applicable US export control laws. LOU is only authorized for use within the United States.

  3. Term and Termination

    This EULA is immediately effective when you sign up for LOU or first access LOU as a User, whichever occurs first (“Effective Date”) and continues until the earlier of the date you discontinue all use of LOU or the termination date of the Terms of Service LOU through which you access the Evosus Services (“License Term”). This EULA may be terminated as provided in the Terms of Service – LOU or as follows:

    a. You may terminate this EULA at any time, with or without cause, by logging into the admin tool of LOU and canceling your account. Evosus may terminate your account or access to Evosus Services, in whole or in part, at any time with or without cause or notice.

    b. Either Party may terminate this EULA by written notice to the other Party upon the occurrence of any of the following events: (i) in the event the other Party materially breaches this EULA and such breach has not, or cannot, be cured within thirty (30) days after receiving written notice of the breach; or (ii) in the event the other Party (a) terminates or suspends its business, (b) becomes subject to any bankruptcy or insolvency proceeding under Federal or state law, (c) becomes insolvent or subject to control by a trustee, receiver or similar authority, or (d) has wound up or liquidated, voluntarily or otherwise. Without limiting or waiving any of our other rights under this EULA, Evosus may limit, suspend, terminate, modify, or delete your LOU access or access to Evosus Services if you are, or we suspect that you are, failing to comply with any of the terms of this EULA for any actual or suspected illegal or improper use of Evosus Services, with or without notice to you. Additionally, we may limit, suspend, terminate, modify, or limit your access to Evosus Services if we believe that you are infringing our intellectual property rights or third parties’, or are acting inconsistently with the letter or spirit of our Terms of Service or any published policies. Data will be removed from all applicable devices when your access to LOU or LOU License is terminated, but only as technically feasible.

    Upon termination of this EULA, in addition to the provisions of the Terms of Service – LOU: (i) the rights and licenses granted to you herein shall terminate; (ii) you shall cease all use of the Evosus Services that have been terminated; (iii) you will return all Documentation, Equipment, and Confidential Information to Evosus; and (iv) you will have access to LOU and Evosus Payments until the end of the then-current thirty (30) day billing cycle during which you cancel your account, but you lose retain access to any Add-On Services immediately upon cancellation. Termination of this EULA by any means does not entitle you to any refund or return of any portion of Fees except as expressly stated in this EULA or the Terms of Service – LOU. No expiration or termination shall affect your obligation to pay any Fees that may have come due up to the termination date. This section shall survive any expiration or termination of this EULA.

    Following termination, Evosus may destroy your User Content or retain your User Content for our internal business purposes for up to two (2) years following termination. To the extent permitted by applicable law, you may request to access your retained User Content during the retention period in exchange for a Reinstatement Fee.

  4. Compliance Measures

    Evosus may audit your use of the License Material to ensure your compliance with this EULA. Evosus must give you at least five (5) days prior written notice of such audit. You shall provide Evosus with all available records related to the use of LOU to verify that Client's use of LOU is in accordance with the constraints of this EULA. No more than one (1) audit may be conducted in any twelve (12) month period except for good cause shown or in fulfillment of Evosus’s legal obligations. Evosus also may, in its sole discretion, audit your systems within three (3) months after the end of the License Term to ensure you has discontinued all use of LOU and removed all the copies of LOU from such systems as required hereunder. you shall fully cooperate with Evosus’s personnel conducting such audits and provide all reasonable access requested by Evosus to records, systems, equipment, information, and personnel, including machine IDs, serial numbers, and related information. Evosus may conduct audits only during your normal business hours and in a manner that does not unreasonably interfere with your business operations. Evosus will bear the expense of an audit except in instances where you are found, through such an audit, to be materially in violation of this EULA, in which case, you will reimburse Evosus for the time, travel, and material costs and fees reasonably associated with the audit. The audit and its results will be subject to the restrictions of this EULA regarding Confidential Information. If your use of LOU or any other Evosus Services exceeds or exceeds the use permitted by this EULA by more than 10%, Evosus shall also have the right to terminate this EULA and the license granted hereunder, effective immediately upon written notice to you.

  5. Limited Warranty

    Evosus warrants that for thirty (30) days following the date you complete the account sign up process in LOU (the "Warranty Period"): (a) LOU will perform free from defects in materials and workmanship under normal use and (b) LOU will substantially contain the functionality described in the Documentation, and when properly installed on a device meeting the specifications set forth herein, and operated in accordance with, the Documentation, will substantially perform in accordance therewith. If during the Warranty Period LOU does not perform as warranted and is covered by the warranty set forth herein, (a "Non-Conformity"), Evosus shall undertake to correct such Non-Conformity, or if correction is not reasonably possible, replace such Software with updated or alternative LOU free of charge. If the foregoing is not commercially practicable, Evosus shall terminate this EULA and refund to Client the Fees, subject to you’s ceasing all use of and, if requested by Evosus, returning to Evosus all copies of LOU and License Material. If Evosus repairs or replaces LOU, the warranty will continue to run from the initial date specified on the Order Form, and not from you’s receipt of the repair or replacement. The warranty will apply only if: (i) LOU has been properly installed and properly used at all times and in accordance with the instructions for use; and (ii) no modification, alteration or addition has been made to LOU by persons other than Evosus or Evosus's authorized representative, except as authorized in writing by Evosus. EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN THIS EULA, THE DISCLAIMER OF WARRANTIES PROVISIONS OF THE TERMS OF SERVICE – LOU SHALL APPLY TO THIS EULA IN FULL FORCE AND EFFECT.

    The foregoing are Client's sole and exclusive remedies for breach of this limited warranty. The warranty set forth above is made to and for the benefit of Client only. THE FOREGOING WARRANTIES DO NOT APPLY, AND EVOSUS STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY MATERIALS.

  6. Additional Software

    By written agreement, the Parties may add additional Evosus software programs (“Additional Software Programs”) to this EULA. Upon such written agreement, the Additional Software Programs will thereafter be included in "Software" under this EULA. No terms stated in your Order Form or other form document will modify this EULA. Evosus reserves the right to require different or additional terms and conditions for the licensing of any additional software. Any Third-Party Component used in or with such Additional Software Programs may be licensed to you subject to different or additional terms and conditions.

  7. User Data

    You acknowledge that we may collect the data you input to LOU or other Evosus Services, including without limitation your business data (e.g., inventory and pricing) and user data that may include Personal Information such as names, email addresses, physical addresses, or order details (e.g., items ordered, transaction details, payment, and renewal amounts) (“User Data”). You consent to Evosus processing and disclosing your User Data to third parties and payment processors as necessary to provide the Evosus Services, for business analytics, or internal use or as otherwise described in our Privacy Policy. You represent and warrant that you have permission from your Users to disclose their User Data to Evosus and for Evosus to further disclose that User Data in the provision of the Evosus Services to you.

  8. Confidentiality

    Neither Party will use the other Party's Confidential Information during the term of this EULA except as reasonably required for the performance of this EULA. In addition, the confidentiality obligations set forth in this Section will survive for five (5) years after the termination or expiration of this EULA. Each Party will hold in confidence the other Party's Confidential Information by means that are no less restrictive than those used for its own confidential materials. Each Party agrees not to disclose the other Party's Confidential Information to anyone other than its employees or subcontractors who are bound by these confidentiality obligations and who are required to use the Confidential Information to successfully perform or assist such Party's obligations hereunder.

    You agree: (i) to take reasonable precautions to protect such Confidential Information, and (ii) not to use (except regarding using the Services or Licensed Materials, or as otherwise permitted herein) or divulge to any third person any such Confidential Information. Both Parties agree that the foregoing shall not apply with respect to any information that can be evidenced (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from Us, or (c) was rightfully disclosed to it without restriction by a third Party, or (d) was independently developed without use of any of Our Proprietary Information or (e) is required to be disclosed by law.

  9. Terms of Service – LOU

    This EULA is subject to the terms and conditions set forth in the Terms of Service - LOU® between you and Evosus in all respects, including without limitation Fees and Payment, License, Limitation of Liability, Disclaimer of Warranties, Indemnity, and General Terms.

  10. Definitions

    For purposes of this EULA, the following terms have the following meanings:

    a. “Confidential Information” means non-public information, technical data or know-how of a Party and/ or its Subsidiaries, which is furnished to the other Party in written or tangible form in connection with this EULA. Oral disclosure will also be deemed Confidential Information if it would reasonably be considered to be confidential or if it is confirmed at the time of disclosure to be confidential. The Parties agree that Evosus's Confidential Information includes this EULA and its terms, the Documentation, binary copies of LOU, source code relating to LOU, and any other proprietary information supplied to Client by Evosus, or by Client to Evosus and marked as "confidential information" or the like. Notwithstanding the foregoing, Confidential Information does not include information which is: (i) already in the possession of the receiving Party and not subject to a confidentiality obligation to the providing Party; (ii) independently developed by the receiving Party; (iii) publicly disclosed through no fault of the receiving Party; (iv) rightfully received by the receiving Party from a third Party that is not under any obligation to keep such information confidential; (v) approved for release by written agreement with the disclosing Party; or (vi) disclosed pursuant to the requirements of law, regulation, or court order.

    b. “Documentation," without limitation, means any knowledge base articles, instruction manuals, operating instructions, training manuals, user manuals, and specifications provided by Evosus which describe the use of the Evosus Services, and which either accompany the Evosus Services or are provided to Client at any time.

    c. “Equipment," without limitation, means the device(s), including peripheral equipment and operating system software, servers, and others specified in the Documentation.

  11. Entire Agreement

    This EULA, together with Terms of Service – LOU and other documents incorporated herein by reference, constitute the sole and entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This EULA may only be amended, modified, or supplemented by an agreement in writing agreed upon by each Party hereto.