Terms of Service

Article 1 – Identity of the service provider

The SEOptimate platform is provided by:

Article 2 – Definitions

The following definitions apply throughout these Terms:

• Platform: the SEOptimate software platform developed and operated by Everevolve, including all features, tools, dashboards, integrations and AI systems.
• Service: all services offered by Everevolve through the Platform.
• SEO Bulk Content Generator: the feature enabling users to generate large volumes of SEO-optimised content using artificial intelligence.
• User: any natural person or legal entity that creates an account or uses the Platform.
• Consumer: a User acting outside the scope of trade, business, craft or profession.
• Business User: a User acting within the scope of trade, business, craft or profession.
• Agency: a marketing agency or organisation using the Platform in relation to its own clients.
• AI Output: content generated by the Platform using artificial intelligence.
• Customer Content: all data, texts, prompts, keywords or files submitted by a User into the Platform.
• Subscription: a paid access plan granting rights to use certain Platform features.
• GDPR: Regulation (EU) 2016/679 (General Data Protection Regulation).
• AI Act: Regulation (EU) 2024/1689 on artificial intelligence.
• DSA: Regulation (EU) 2022/2065 (Digital Services Act).
• Data Processing Agreement (DPA): an agreement pursuant to Article 28 GDPR governing the processing of personal data by Everevolve as a processor.

Article 3 – Applicability

3.1 These Terms apply to all use of the Platform and to all agreements between Everevolve and Users.

3.2 By creating an account or using the Platform, the User confirms having read and accepted these Terms.

3.3 The application of any general terms and conditions of the User is expressly excluded.

3.4 These Terms are available at all times at seoptimate.com/terms. Everevolve will provide a copy on a durable medium upon request.

3.5 Deviations from these Terms are only valid if agreed in writing.

Article 4 – Platform and services

SEOptimate is a software-as-a-service (SaaS) platform that helps businesses and marketing agencies with SEO optimisation, content strategy and AI-driven content generation. The Platform may include:

• SEO analysis tools and technical auditing
• Keyword research and rank monitoring
• AI content generation, including the SEO Bulk Content Generator
• Content strategy modules and publishing tools
• Dashboards, reporting and analytics
• CMS integrations (including WordPress) and API connections
• Competitive analysis

Everevolve reserves the right to modify, expand or restrict the Platform features at its discretion, provided the core functionality is not materially impaired. Material changes will be notified at least 30 days in advance.

Article 5 – Licence and right of use

5.1 Everevolve grants the User a limited, non-exclusive, non-sublicensable and non-transferable licence to use the Platform during the term of an active Subscription, solely in accordance with these Terms.

5.2 The User is expressly prohibited from:

• copying, reproducing or rebuilding the Platform or any part thereof;
• reverse engineering, decompiling or disassembling the Platform;
• automatically scraping or extracting data outside the provided API features;
• developing competing software or services based on or using the Platform;
• granting or reselling access to the Platform to third parties beyond what is permitted under the Subscription.

5.3 The licence lapses by operation of law upon termination or cancellation of the Subscription.

Article 6 – Accounts and access

6.1 To use the Platform, the User must create an account with accurate, complete and current information.

6.2 The User is responsible for:

• keeping login credentials secure and confidential;
• all activities that occur under the account;
• immediately reporting any unauthorised access to hello@seoptimate.com;
• keeping account information up to date.

6.3 Sharing a single account among multiple individuals is not permitted unless the Subscription explicitly allows it (e.g. a team plan).

6.4 The Platform is intended for users aged 18 and over. Minors may only use the Platform with demonstrable parental or guardian consent.

Article 7 – Permitted and prohibited use

7.1 Permitted use

The Platform may be used for legitimate SEO, marketing and content purposes, in accordance with these Terms and applicable law.

7.2 Prohibited use

The User is prohibited from using the Platform for:

• illegal activities or violation of applicable laws and regulations;
• spam, phishing, malware or other malicious activities;
• black-hat SEO techniques or search engine manipulation;
• infringement of third-party intellectual property rights;
• generating hateful, discriminatory, pornographic or otherwise offensive content;
• circumventing security measures or usage limits of the Platform;
• overloading the Platform infrastructure;
• monitoring third-party websites without lawful permission from the owner;
• misleading commercial practices contrary to Directive 2005/29/EC.

Upon detection of prohibited use, Everevolve is entitled to immediately suspend or terminate the account, without prejudice to its right to claim damages.

Article 8 – AI-generated content and EU AI Act compliance

8.1 SEOptimate facilitates the generation of content via AI technology. Everevolve acts solely as a provider of software tools and not as a publisher or substantive provider of AI Output.

8.2 The User remains fully responsible for:

• editorial review and assessment of AI Output prior to publication;
• adapting generated content to factual circumstances;
• publishing and distributing content;
• compliance with all applicable laws and regulations, including copyright, GDPR and sector-specific rules.

8.3 The AI systems deployed within the Platform fall within the low-risk AI systems category under the EU AI Act (Regulation (EU) 2024/1689). Everevolve ensures compliance with the applicable transparency requirements towards Users.

8.4 Where applicable law requires AI-generated content to be labelled as such, the User is solely responsible for applying such labels before publication.

8.5 Users are prohibited from using the Platform for AI applications classified as prohibited under the EU AI Act, including social scoring of individuals, manipulation of vulnerable groups, and real-time biometric identification in public spaces.

8.6 Everevolve is not liable for any loss or damage resulting from the use or publication of AI-generated content by the User.

Article 9 – SEO Bulk Content Generator

9.1 The SEO Bulk Content Generator enables the automated generation of content at scale. Use of this feature is entirely at the User's own risk.

9.2 Everevolve provides no warranties in relation to:

• search engine positions or rankings resulting from published bulk content;
• indexation of generated content by search engines;
• organic traffic, leads, conversions or revenue;
• the factual accuracy, completeness or fitness for purpose of generated content;
• compliance with search engine guidelines (such as Google Search Essentials).

9.3 Everevolve is not liable for ranking loss, traffic decline, search engine penalties, reputational damage or third-party claims arising from the use of bulk-generated content.

Article 10 – Intellectual property

10.1 All intellectual property rights relating to the Platform, the underlying technology, algorithms, software, trademarks, trade names and other materials vest in Everevolve or its licensors. Nothing in these Terms transfers intellectual property rights to the User.

10.2 Customer Content remains the property of the User. The User hereby grants Everevolve a limited, royalty-free licence to process Customer Content strictly to the extent necessary for the provision of the Service.

10.3 Regarding AI Output: under current EU and Dutch copyright law (Directive 2001/29/EC), fully AI-generated content lacking a substantial, identifiable creative contribution by a natural person may not be eligible for copyright protection. The User is solely responsible for assessing the intellectual property status of specific AI Output before publishing or commercially exploiting it.

10.4 Copying, reproducing or rebuilding the technology, algorithms or features of SEOptimate is prohibited and may give rise to civil and/or criminal liability.

Article 11 – Third-party integrations

11.1 The Platform may integrate with third-party services such as WordPress, Google Search Console and other external software ("Third-Party Services"). Standard integrations are included within the Subscription.

11.2 Custom integrations or new connections may incur additional costs; these will always be agreed in writing in advance.

11.3 Everevolve is not liable for outages, changes or termination of Third-Party Services, nor for any loss resulting from the use of Third-Party Services. The terms of the relevant third party apply to the use of those services.

Article 12 – Subscription and payment

12.1 Subscriptions are taken out on a monthly or annual basis and renew automatically unless cancelled in accordance with Article 14.

12.2 Payments are processed via Stripe or another payment service provider designated by Everevolve, in accordance with the Payment Services Directive (PSD2, Directive (EU) 2015/2366). By taking out a Subscription, the User grants Everevolve a standing payment authorisation to automatically collect all Subscription amounts due on the agreed payment dates. The User will receive a payment confirmation by email for each transaction processed. The User is responsible for ensuring that sufficient funds or credit are available on the linked payment method.

12.3 All stated prices are exclusive of VAT unless expressly stated otherwise. Business Users within the EU are liable to pay VAT in accordance with applicable VAT legislation.

12.4 Everevolve reserves the right to amend Subscription prices. For existing subscribers, price changes take effect from the next renewal period following at least 30 days' written notice. If the User does not agree to the price change, they may cancel the Subscription before the change takes effect in accordance with Article 14.

12.5 In the event of late payment, the User is in default by operation of law. Everevolve may suspend access to the Platform until full payment has been received. Everevolve is entitled to statutory commercial interest and reimbursement of collection costs in accordance with applicable Dutch law.

Article 13 – Right of withdrawal (Consumers only)

13.1 This article applies solely to Consumers as defined in Article 2. Business Users do not have a right of withdrawal.

13.2 Under the Distance Selling rules implementing Directive 2011/83/EU (as implemented in Dutch law), a Consumer has the right to withdraw from a digital services agreement within 14 calendar days of conclusion of the contract, without giving reasons.

13.3 The Platform is a digital service to which the User gains full access immediately upon taking out a Subscription. Everevolve informs the Consumer before conclusion of the agreement — including via these Terms and the order confirmation — that (i) performance of the Service commences immediately upon payment and (ii) the right of withdrawal is therefore lost as soon as the Consumer has been granted access to the Platform, in accordance with Article 16(1)(m) of Directive 2011/83/EU (as implemented in Dutch law). By completing payment, the Consumer explicitly acknowledges and accepts the foregoing.

13.4 Everevolve offers a free trial allowing the Consumer to evaluate the Service at no charge. During the free trial, no payment is due and the Consumer may cancel at any time free of charge. Conversion to a paid Subscription at the end of the free trial constitutes a new agreement. At the moment of conversion, Article 13.3 applies: by completing the first payment, the Consumer gives explicit consent to the immediate commencement of the paid Service and accordingly the right of withdrawal no longer applies.

13.5 To exercise the right of withdrawal, the Consumer must notify Everevolve within the withdrawal period via hello@seoptimate.com. A model withdrawal form is available on request. Everevolve will confirm receipt by email.

13.6 Upon valid withdrawal, Everevolve will refund all payments received as soon as possible and within 14 days of the withdrawal, using the same payment method as the original transaction.

Article 14 – Cancellation and termination

14.1 The User may cancel the Subscription at any time via account settings or in writing via hello@seoptimate.com. Cancellation takes effect at the end of the current billing period.

14.2 Everevolve may terminate or suspend access to the Platform with immediate effect if:

• the User breaches these Terms;
• the User misuses or makes prohibited use of the Platform as described in Article 7;
• the User is in default of payment;
• there are reasonable grounds to suspect fraud or unlawful conduct.

14.3 Everevolve may also terminate the Platform or individual services on 30 days' notice, without giving reasons. In that event, the User is entitled to a pro-rata refund of prepaid but unused Subscription fees.

14.4 Provisions that by their nature are intended to survive termination — including those on liability, intellectual property, confidentiality and governing law — remain in full force.

Article 15 – Data retention after termination

15.1 After termination of the Subscription, account data is retained for 60 days in an inactive ("frozen") state. During this period, the User may request a data export via account settings.

15.2 After the 60-day retention period, account data and Customer Content are permanently and irrecoverably deleted, unless Everevolve is required by law to retain certain data longer (e.g. 7 years for accounting records).

15.3 Account reactivation is possible during the 60-day retention period. After permanent deletion, reactivation is no longer possible without re-registration.

Article 16 – Fair use and platform infrastructure protection

16.1 Everevolve operates a fair use policy to safeguard the integrity, stability and availability of the Platform for all Users.

16.2 Each Subscription is subject to the usage limits set out in the subscription description on the SEOptimate website. Everevolve reserves the right to limit usage or temporarily suspend an account where behaviour is detected that places a disproportionate burden on the Platform infrastructure, including:

• sustained and significant use of AI generation features that structurally exceeds the published Subscription limits;
• automated scraping or generation of mass automated API requests outside the API access made available by Everevolve;
• technical circumvention of usage limits or rate limits built into the Platform;
• excessive server usage that demonstrably impairs the quality of service provided to other Users.

16.3 Everevolve will notify the User in writing (by email) of any restriction imposed, stating the reason. The User will be given a reasonable period — in principle at least 5 business days, unless immediate action is necessary to protect Platform integrity — to adjust usage before further measures are taken.

Article 17 – Use by marketing agencies

17.1 Marketing agencies may use the Platform on behalf of their own clients, provided this is compatible with the Subscription taken out.

17.2 The Agency is fully responsible for:

• compliance with these Terms by its employees and designated users;
• content generated and published on behalf of clients;
• compliance with applicable laws and regulations, including the GDPR, on behalf of and towards its clients.

17.3 Where an Agency processes personal data of its clients via the Platform, the Agency is the controller and Everevolve is the processor within the meaning of the GDPR. In that case, entering into a Data Processing Agreement is mandatory (see Article 18).

Article 18 – Data Processing Agreement (DPA)

18.1 Where the User processes personal data of its clients or end users via the Platform and Everevolve acts as processor within the meaning of Article 28 GDPR, the parties are required to enter into a written Data Processing Agreement.

18.2 Everevolve makes a standard Data Processing Agreement available on request via hello@seoptimate.com. The DPA forms an integral part of the agreement between the parties.

18.3 Everevolve uses sub-processors for the provision of the Service (including hosting providers, AI technology providers and payment processors). An up-to-date list of sub-processors is available on request. Everevolve enters into agreements with sub-processors containing at least the obligations set out in Article 28 GDPR.

18.4 For international transfers of personal data to countries outside the European Economic Area (EEA), Everevolve ensures an adequate level of protection, including through the use of Standard Contractual Clauses (SCCs) approved by the European Commission under Article 46 GDPR.

Article 19 – Processing of personal data (privacy policy summary)

19.1 Everevolve processes personal data of Users as controller under the GDPR, solely for specified, explicit and legitimate purposes.

19.2 Processing is based on the following legal grounds (Article 6 GDPR):

• performance of a contract (account management, provision of the Service);
• legal obligation (accounting records, tax legislation);
• legitimate interests of Everevolve (fraud prevention, platform security, service improvement);
• consent of the data subject (marketing communications, non-essential cookies).

19.3 Data subjects have the following rights under the GDPR: access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction (Art. 18), portability (Art. 20), objection (Art. 21), and withdrawal of consent. Requests may be submitted via hello@seoptimate.com. Everevolve responds within 30 days.

19.4 Users have the right to lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens – AP): autoriteitpersoonsgegevens.nl, or with the competent supervisory authority in their country of residence.

19.5 The full Privacy Policy — including a description of all processing activities, retention periods, cookies and international transfers — is available at seoptimate.com/privacy.

Article 20 – Platform management and moderation (DSA)

20.1 Everevolve reserves the right to monitor accounts and Platform usage solely for support, security, fraud prevention and legal compliance purposes, in accordance with the GDPR.

20.2 In accordance with the Digital Services Act (DSA, Regulation (EU) 2022/2065), Everevolve may restrict, suspend or remove accounts that engage in misuse or produce content contrary to these Terms or applicable law.

20.3 Users who disagree with a moderation decision may file a complaint via hello@seoptimate.com. Everevolve will handle complaints within a reasonable timeframe and provide reasoned decisions.

Article 21 – Copyright claims and notice-and-takedown procedure

21.1 If a third party believes that content generated or published via the Platform infringes its intellectual property rights, it may submit a notice to Everevolve via hello@seoptimate.com, including:

• a specific description of the allegedly infringing material;
• the location (URL) of the material;
• the contact details of the notifying party;
• a statement that the notifying party in good faith believes the use is not authorised.

21.2 Everevolve will investigate such notices and, if well-founded, may restrict the relevant account or remove content pursuant to the DSA procedure. The affected User will be notified promptly and given an opportunity to respond.

Article 22 – Disclaimer of warranties

22.1 The Platform is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by law, Everevolve makes no warranties, express or implied, regarding the Platform, AI Output or other Services.

22.2 In particular, Everevolve makes no warranty regarding:

• SEO results, search engine rankings or organic traffic;
• the factual accuracy, completeness or fitness for any particular purpose of AI Output;
• uninterrupted, error-free or secure operation of the Platform;
• compatibility with all browsers, devices or external systems;
• preservation of data in the event of technical incidents or force majeure.

22.3 Nothing in this article limits the statutory rights of Consumers under applicable mandatory consumer law.

Article 23 – Limitation of liability

23.1 To the maximum extent permitted by applicable law, Everevolve's total aggregate liability to the User — regardless of the legal basis (contractual, tortious or otherwise) — is limited to the total amount paid by the User to Everevolve in the 12 calendar months preceding the event giving rise to the liability, subject to an overall cap of EUR 5,000 per incident.

23.2 In no event shall Everevolve be liable for:

• indirect, consequential or pure economic loss;
• loss of profit, revenue or business opportunities;
• loss or corruption of data;
• loss of rankings, traffic decline or reputational damage;
• third-party claims against the User;
• loss caused by failures or acts of Third-Party Services.

23.3 The limitations in this article do not apply to loss caused by Everevolve's wilful misconduct or gross negligence, nor to liability for death or personal injury, nor to liabilities that cannot be excluded under mandatory law.

23.4 For Consumers, the liability limitations apply only to the extent permitted by applicable mandatory consumer protection law.

Article 24 – Force majeure

24.1 Everevolve is not obliged to perform any obligation to the extent that performance is prevented or substantially impeded by force majeure — circumstances beyond Everevolve's reasonable control. This includes:

• power or internet outages;
• failures of external hosting or infrastructure providers;
• DDoS attacks or other cyber attacks;
• fire, flood, earthquake or other natural disasters;
• government measures, sanctions or immediate statutory changes;
• pandemics or other extraordinary societal circumstances.

24.2 Everevolve will notify the User as soon as reasonably practicable of a force majeure event and its expected duration.

24.3 If the force majeure event persists for more than 60 consecutive days, either party may terminate the agreement in writing without liability for damages. Prepaid amounts for unused periods will be refunded on a pro-rata basis.

Article 25 – Service availability and maintenance

25.1 Everevolve strives for high Platform availability and makes commercially reasonable efforts to avoid unnecessary interruptions. No binding uptime guarantee is given.

25.2 Scheduled maintenance will, where reasonably practicable, be announced at least 24 hours in advance via email and/or a Platform notification, preferably outside peak hours.

25.3 Everevolve is not liable for loss arising from temporary unavailability of the Platform due to planned or unplanned maintenance, technical failures or force majeure.

Article 26 – Amendments to terms

26.1 Everevolve reserves the right to amend these Terms. Material changes will be notified at least 30 days before the effective date via email and/or a prominent Platform notice.

26.2 If the User does not accept the amended Terms, they may cancel the Subscription before the effective date of the change in accordance with Article 14. Continued use of the Platform after the effective date constitutes acceptance of the amended Terms.

26.3 For Consumers: where material changes adversely affect the Consumer's legal position, the Consumer is entitled to terminate the agreement free of charge, with a refund of prepaid amounts for unused periods.

Article 27 – Governing law and dispute resolution

27.1 These Terms and all agreements between Everevolve and the User are governed exclusively by Dutch law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules that would refer to the laws of another country.

27.2 Disputes are preferably resolved amicably. The parties undertake to engage in written consultation before commencing legal proceedings.

27.3 Disputes that cannot be resolved amicably shall be submitted exclusively to the competent court of the District Court of Zeeland-West-Brabant, located in Breda, the Netherlands, unless mandatory law designates a different court.

27.4 Consumers also have the right to bring a dispute before the competent court of their place of residence under EU Regulation 1215/2012 on jurisdiction and the enforcement of judgements.

27.5 Consumers in the EU may also use the European Commission's Online Dispute Resolution (ODR) platform for out-of-court dispute resolution: ec.europa.eu/consumers/odr. Everevolve's email address for ODR purposes is: hello@seoptimate.com.

Article 28 – Miscellaneous

28.1 Entire agreement: These Terms, together with the Privacy Policy and any additional agreements (including a Data Processing Agreement), constitute the entire agreement between the parties and supersede all prior written and oral arrangements relating to the subject matter.

28.2 Severability: If any provision of these Terms is found to be void or unenforceable, this does not affect the validity of the remaining provisions. The parties will negotiate in good faith to replace the invalid provision with a valid provision having an equivalent economic effect.

28.3 No waiver: Everevolve's failure to exercise or delay in exercising any right does not constitute a waiver of that right and shall not affect its future exercise.

28.4 Assignment: Everevolve may assign its rights and obligations under this agreement to a successor in connection with a merger, acquisition or business transfer, upon written notice to the User. The User may not assign its rights and obligations without Everevolve's prior written consent.

28.5 Language and authenticity: The Dutch text of these Terms is the authentic and binding version. This English translation is provided for information purposes only. In the event of any discrepancy, the Dutch text prevails.

28.6 Communications: Notices to Everevolve must be sent in writing via hello@seoptimate.com. Notices to the User will be sent to the email address registered with Everevolve.