Welcome to LOU®, provided and maintained by Evosus, Inc., ( “Evosus”, or “Company,” or “We,” or “Us,” or “Our”). LOU is a cloud-based application that provides users with business management software and services to help them streamline and grow their businesses (“SaaS Solution”) through Our website located at evosus.com (“Website” or “Site”) and related merchant products (“Products”) located at shopevosus.com (“ShopEvosus”).
Through LOU, Evosus provides You and/or Your business with business management software that streamlines and automates business procedures. You may use Our Evosus Services only as permitted by law, including applicable export and re-export control laws and regulations.
In order to use Evosus Services, Users represent that they are (1) doing business in the United States; (2) over the age of eighteen (18); and (3) have read, understood, and agree to be bound by the Terms, regardless of the device or platform by which You access any of Evosus Services. If You do not agree to the Terms or are under the age of eighteen (18), You may not use Evosus Services. Users may be individuals (“Individual Users”) and/or businesses (“Business Users”).
If You are using Evosus Services on behalf of a business as a Business User, that business hereby accepts these Terms and is liable for any breach or violation Terms herein. The Individual User and Business User shall hold harmless and indemnify Evosus and its affiliates, partners, officers, agents, and/or employees from any claim, suit or action arising from or related to its use of Evosus Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and reasonable attorney's fees.
You may also create an Account, or an Account may be assigned to You by an administrator or Reseller. If You are using an Account assigned by an administrator or Reseller, additional terms may apply.
By using Evosus Services, You agree to the following: When You register and create an account to use the Site, SaaS Solution and/or Products, You agree: (a) to submit a valid e-mail address and password to create Your account (“Account”); (b) to submit accurate information, including but not limited to Your location, phone number, number of employees, business address, and type of business, on Your account; (c) to keep confidential, all aspects of Your Account including Your user name and password, and content associated with and within it; (d) that You are responsible for any and all uses of Your Account, whether or not You’ve authorized such use; (e) to keep confidential all aspects of other Users’ Account information that You may have authorized access to; (f) to immediately notify Us in writing of any unauthorized use of Your Account; and (g) that You will not use the Site, SaaS Solution and/or Products for any unlawful or otherwise prohibited activity. The information required to create an Account may vary depending on the country or region or type of User You or Your company are registered in.
You shall not voluntarily share or disclose Your Account password to anyone outside of Your company, and You shall notify Us immediately of any actual or perceived unauthorized use of Your Account, or if You suspect that Your Account password has been stolen. You are responsible for all activities that occur under Your Account, whether or not You know about them. You shall not authorize any other person or entity to use Your unique User ID and password, unless they are an employee or authorized agent. You are solely responsible for preventing any unauthorized use of Your account, and for the activities that take place on Your Account under the unauthorized use. If You become aware of any unauthorized activity please notify Us immediately by creating a case on support.evosus.com or by sending an email to email@example.com. We are not liable for any misuse of Your account, and the sensitive information within, by an unauthorized party, unless the unauthorized use arises directly from Our gross negligence.
Site: You may access and use Evosus Services through Our Site on a desktop or laptop computer, tablet, smart phone or similar device with Internet access. Device information, such as IP addresses and location, may be collected in order to improve Our business, analyze data and for internal business purposes.
Products: Some Evosus products can be purchased at ShopEvosus at shopevosus.com. Products include, without limitation, hardware bundles, training programs and consulting services (“Products”).
In connection with Your use of Evosus Services, 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 and/or unsubscribe from email from Us that involve material information regarding Your Account. You may invite other users to use Evosus Services, which may require Us to send emails to those invited users.
Content: For purposes of these Terms: (i) “Content” means any text, software, scripts, graphics, photos, sounds, music, videos, logos, audiovisual combinations, interactive features and other materials You may view on, access through, or contribute to the Site, SaaS Solution and/or Products; and (ii) “User Content” means any Content or data that Account holders (including You) provide to be made available through Evosus Services.
We reserve the right to cancel a User Account at any time for any reason in Our sole discretion. User Accounts may be cancelled for several reasons, including but not limited to:
Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable User Content;
Any sexually explicit User Content;
Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain letters” and “pyramid schemes”;
Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right;
Uploading a virus or User Content designed to disrupt, limit, or damage any functionality of any computer software, hardware or server;
If We in Our judgment and sole discretion deem it appropriate.
Unless You have Our express written consent, You shall not, and will not attempt to:
Use Evosus Services to submit, store, transmit, or process malicious code, worms or viruses;
Use Evosus Services to submit, store, transmit, or process User Content that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious or unlawful; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) infringing of any person's rights, any applicable laws, or Your obligations to any third party;
Use Evosus Services to submit, store, transmit or process User Content that would give rise to criminal or civil liability or that encourages unlawful activity;
Gain unauthorized access to Evosus Services, or to Our systems or networks;
Interfere with or disrupt the integrity or performance of Evosus Services, or third-party content contained therein;
Impersonate any person or entity or misrepresent Your affiliation with any person or entity in connection with Evosus Services;
Reverse engineer, disassemble, or decompile Evosus Services or apply any other process or procedure to derive the source code of any software included in Evosus Services;
Unless otherwise provided, remove any copyright, trademark, or other proprietary rights notice from Evosus Services.
a. We take the rights of others very seriously. If You have any concerns that User Content is improper or infringing, please contact Us at firstname.lastname@example.org and if You would like the User Content removed, please provide Us with:
i. A detailed description of the objectionable content, including where it is located;
ii. A statement that You have a good faith belief that the poster does not have permission to use the said objectionable content;
iii. A statement that You are the owner, or exclusive agent of the owner, of the objectionable content;
iv. Your contact information, including telephone number and physical address, and;
v. A signed and sworn statement, under penalty of perjury, that Your statements above are true to Your knowledge.
Without limiting or waiving any of Our other rights under these Terms, We may limit, suspend, terminate, modify, or delete Your Account or access to Evosus Services if You are, or We suspect that You are, failing to comply with any of these Terms 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 delete Your Account or 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 or any published policies. Data will be removed from all applicable devices when Your Account is terminated, but only as technically feasible.
At any time, You may, cancel, remove or change Your User Content by editing or specifically deleting it. However, in certain instances, some of Your removed or edited User Content may not be completely removed, and copies of Your User Content may continue to exist on the system or Site’s server, and other locations belonging to Us. Copies, or meta copies, of User Content and information is solely used for purposes associated with Evosus Services and Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of Your User Content at any time.
License Fee. In order to use Evosus Services, You may be required to pay for a billing subscription and/or license fee determined by (1) how many active users and/or services are required for Your Account in a thirty (30) day billing cycle; (2) the Plan(s) You have chosen for the thirty (30) day billing cycle; and (3) the amount of Additional Services and Add-Ons turned on during the thirty (30) day billing cycle (“License Fee”). This License Fee may change from time-to-time, and We shall notify You in writing of any License Fee change (specific to changes in the price per license). The Fee shall be paid upon downloading and using the Evosus Service and/or SaaS Solution, and shall be paid on a thirty (30) day billing cycle thereafter (“License Fee Term”). All Fees shall be paid in U.S. Dollars.
Professional Onboarding Fee. There is a one-time professional onboarding fee (“Professional Onboarding Fee”) when You sign up for Our SaaS Solution. The professional onboarding service includes up to five (5) hours of remote assistance (ex. via phone and/or screen sharing software). Professional onboarding fees may vary depending on the package You choose.
Add-On Fees: You may choose to add additional features and services (“Additional Services”) provided by Us and/or Our third party vendors. Additional Services may require a fee depending on the service You choose (“Add-on Fees”). You may access, remove and/or purchase Additional Services at any time during the License Fee Term of Your license by logging into Your Account and using the administrative tools.
Fee refunds shall be made through the Third Party Payment Gateway. You may terminate Your Account with Evosus at any time and for any reason, however, You will not be refunded any Fees for the month in which You cancelled Your Account. If You cancel Your Account before the License Fee Term expires, You will still have access to Evosus Services, but not any Additional Services, until the end of Your current License Fee Term.
You may stop using Evosus Services at any time and for whatever reason. Evosus may also stop providing Services to You, or add or create new limits to Evosus Services at any time, with written notification to You (“Termination”).
Specific to the Foundation package, we may terminate your Account and stop providing Evosus Services at any time after 30 days of non-use, without notification to You.
We may provide training to You and/or Your business, agents, employees, contractors, affiliates and/or vendors who are also subject to these Terms. Training may include online / remote consulting, webinars, on-site education and/or collateral in printed or digital form. Any and all training material, including workbooks, webinars, print material, digital material, consulting information, and the like, 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.
Software Updates. Our SaaS Solution may, from time-to-time require updates which may occur automatically on Your device once a new version or feature is available (“Software Updates”). You will not be required to pay an additional License Fee for these Software Updates.
Limited Software License. In return for the License Fee, Evosus gives You a limited, royalty-free, non-assignable and non-exclusive license to use the software provided to You by Evosus as part of Evosus Services (“Limited Software License”). This Limited Software License is for the sole purpose of enabling You to use Evosus Services as provided by Evosus, in the manner permitted by this Agreement. You may not copy, modify, distribute, sell, sublicense 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. There is no transfer of ownership of the intellectual property and Content from Us to You, at any time. You are granted no right, title or license in any of Our trademarks, copyright, patents, confidential information, and/or intellectual property unless otherwise provided in this Agreement or approved in writing by Us. You agree that You will not download any Content unless that specific Content is accompanied by a “download” or similar link. We authorize You, subject to these Terms, to access and use Evosus Services solely for Your business’s and/or company purpose. Any other use of the Site, SaaS Solution or Evosus Service is expressly prohibited. Some of Evosus Services may be offered under an open source license that We will make available to You. There may be provisions in the open source license that expressly override some of these Terms.
SaaS License Model. You may increase, decrease, leave unchanged or terminate Your Limited Software License(s) at any time, so as to fit the amount of users You need at any given moment. License Fees are based on the maximum number of users and services that are active in a given thirty (30) day period, any package You choose, number of add-ons turned on during the thirty (30) day period. Packages include, without limitation, Foundation, Pro and Enterprise level packages (“Packages”) which are further defined in the Pricing page on evosus.com. Add-On Fees are based on the price and quantity of Additional Services You had turned on during a given thirty (30) day period.
Solely for the purposes of being clear, the following is an example of how fees can be assessed for a given thirty (30) day billing cycle. Tax and additional fees are omitted for this example. THESE NUMBERS MAY NOT REFLECT ACTUAL EVOSUS PRICES AND/OR FEES:
Total Number of Licenses: 5
Price per License - Pro Plan / Retail & Service Combo: $79.00 per License, per 30 days
# of Add-Ons turned ON at any point during that 30 day period: 4
Price per Add-On: $19.00 per Account, per 30 days
TOTAL FEES DUE for 30 day billing cycle: $471.00
Using Evosus Services or Products does not give You ownership of any intellectual property rights in Evosus Services and/or Products, or the Content You access. You shall not use Content from Our Services and/or Products unless You obtain explicit written permission from Us or the rightful owner or are otherwise permitted by law. These terms do not grant You the right to use any branding, trademarks, trade dress or logos used in Evosus Services and/or Products without Our written permission. You shall not remove, obscure, or alter any legal notices displayed in or along with Evosus Services and/or Products. All Content, software and material provided through Evosus Services is the intellectual property of Evosus and/or its licensors, unless We have acknowledged otherwise in writing, and We hold all rights, titles, and interests in Evosus Services and any works associated with Evosus Services, including without limitation, all patents, logos, source code, images, videos, photos, trademarks, trade dress, informational material provided through Evosus Services, resources, marketing material, articles, domain names, user database, business methods, updates, copyright (“Intellectual Property”) that We provide You for the benefit of using Evosus Services. Nothing in this Agreement or through Your use of Evosus Services shall be construed to be a transfer or grant of title to Our Intellectual Property.
If You have opted in for a non-integrated third party offer, deal or promotion on Our Site, You hereby understand and agree that We must share Your User information any any contact information in order for the third party partner to contact You regarding the offer.
USE OF EVOSUS SERVICES IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM SUCH USE. THE EVOSUS SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE AND OUR LICENSORS, SUPPLIERS AND DISTRIBUTORS, IF ANY, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY VENDOR. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SERVICE IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. EVOSUS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF EVOSUS SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO EVOSUS SERVICES’ AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. EVOSUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IMPORTANTLY YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING OF ANY DIGITAL CURRENCY OR WALLET CREATED ON OR USED IN CONJUNCTION WITH THE SERVICES. WE DO NOT STORE OR PROTECT YOUR PAYMENT INFORMATION OR ONLINE WALLETS AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOST OR THEFT OF YOUR PAYMENT INFORMATION FOR ANY REASON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE EVOSUS’ SERVICES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DATA OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE NETWORK OR SERVER, OR THE FAILURE OF ANY MESSAGE TO SENT OR TO BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM. FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF US TO YOU SHALL NOT EXCEED THE NET AMOUNT OF FEES PAID BY YOU THROUGH THE SERVICE DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM.
USERS MAY NOT INVOLVE US OR ANY OTHER INDEMNIFIED PARTY IN ANY DISPUTE, INCLUDING LITIGATION, ARISING OUT OF OR RELATED TO ANY TRANSACTION, AGREEMENT, OR ARRANGEMENT YOU MAY HAVE WITH ANY OTHER USER, RETAILER, OR OTHER THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATED TO THE EVOSUS SERVICES (“DISPUTE”). IF YOU ATTEMPT TO DO SO YOU SHALL: (I) PAY ALL COSTS AND REASONABLE ATTORNEYS’ FEES INCURRED IN CONNECTION THEREWITH BY US, ANY OF OUR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AND YOU SHALL INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ALL LOSSES INCURRED BY ANY OF THEM AS A RESULT, AND (II) THE JURISDICTION FOR ANY SUCH DISPUTE SHALL BE LIMITED TO THE JURISDICTION SET FORTH BELOW.
By using Evosus Services, You acknowledge that damages may be an inadequate remedy if You or anyone under Your direction or control breaches or threatens to breach any Terms, and that any such breach may cause Us significant and irreparable injury and damage. Accordingly, You acknowledge that We shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event without the necessity of posting a bond.
Any claim arising under or relating to this Agreement shall be governed by the laws of the State of Washington without regard to conflict of laws. Each Party hereby agrees that the courts located in Clark County of the State of Washington shall have sole jurisdiction and venue for all disputes and litigation arising under or relating to this Agreement ("Jurisdiction"). In the event any suit or action is filed to enforce or interpret the terms and obligations of this Agreement, the prevailing Party shall be entitled to its reasonable attorney fees and costs, including reasonable post-judgement attorney fees incurred in collection efforts.
If any provision of any Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of the Terms. Any failure to act on Our part with respect to a breach of any Term does not waive our right to act with respect to a continuing, subsequent, or similar breach.
These Terms and the rights and obligations hereunder may not be transferred or assigned, in whole or in part, by you without Evosus’s written consent, not to be unreasonably withheld, but may be freely assigned or transferred by Evosus without restriction.
Notwithstanding the foregoing, without consent, you may assign these Terms to any successor to all or substantially all its business that concerns this Agreement (whether by sale of assets or equity, merger, transfer, consolidation, or otherwise). To so assign these Terms, you must: (i) update the contact and other account information associated with your Account to reflect the assignment, (ii) transfer all Client Content and other data associated with your Account to the assignee, (iii) provide the assignee with access to your Account, and (iv) contractually obligate the assignee to (A) accept and adhere to all applicable Evosus terms and conditions when prompted upon login or via use of the Evosus Services, (B) contact financial services at Evosus to register a card services merchant account, and (C) make all payments due to Evosus under these Terms and any other existing agreements between you and Evosus. Please contact our Support Center at 360.735.9510 ext. 2 or email@example.com if you or the assignee requires assistance.
Any assignment in violation of these provisions governing assignments shall be deemed null and void ab initio. These Terms shall be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties hereto.
We may transfer our rights under this agreement in the event of a business consolidation or transfer. The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.
Any notice required or given to You under the Terms may be delivered by electronic mail to the e-mail address You provide during registration on the Services or Site, or listed on Your account. Notices may also be delivered by postal mail to the mailing address You provide during registration for the Services or Site, or listed on Your account.