Terms of Service

Article 1 – Service provider and contact

1.1 SEOptimate is provided by Everevolve, located at Nieuwe Baan 2a, 5076 SV Haaren, the Netherlands, registered in the Dutch Trade Register under number 94426465, VAT identification number NL005083583B10. In these terms this service provider is referred to as Everevolve.

1.2 Website: https://seoptimate.com. Email address for questions, complaints, cancellations and requests concerning this agreement: demo@seoptimate.com.

Article 2 – Business use and definitions

2.1 Everevolve offers SEOptimate exclusively to customers acting in the course of their profession or business. When ordering, the customer confirms that the subscription is taken out for business purposes. The person ordering on behalf of the customer declares that they are authorised to do so. This declaration does not change the legal capacity that applies based on the actual circumstances.

2.2 The customer is the business or professional that concludes the agreement. A user is a person who has access to the platform on behalf of the customer. An agency is a customer that uses SEOptimate to provide services to its own clients.

2.3 The platform is the online software SEOptimate, including the agreed features, AI assistant Mate, dashboards and integrations. The service comprises making the platform available and any separately agreed support or additional work.

2.4 A subscription is the agreed right of use for a specific term, possibly preceded by a free trial. The order is the quote, order form or digital order summary with which the customer takes out the subscription.

2.5 Customer data means data and materials that the customer or its users provide in connection with the service, or that are created for them within their use of the service. Output is content generated by the platform, including texts, analyses and recommendations. Personal data has the meaning given in the General Data Protection Regulation, hereinafter GDPR.

2.6 In writing also means by email or via a digital system in which the message is available to and can be stored by the recipient. A working day is Monday to Friday, excluding generally recognised Dutch public holidays.

Article 3 – Agreement and applicability

3.1 These terms apply to the agreed service, including the trial. Before the agreement is concluded, Everevolve makes the applicable version available in a way that allows the customer to store it and consult it later. The confirmation contains the terms or a downloadable copy of that version.

3.2 The agreement is formed by acceptance of an offer, for example by completing the order. Merely visiting the website, requesting a demonstration or running a free scan does not create a paid subscription.

3.3 Before the order is completed, Everevolve states the chosen plan, the main usage limits, the price and VAT treatment, the term, the payment frequency, any trial, the first payment date, automatic renewal and how to cancel. An annual contract term with monthly payment is expressly stated as such.

3.4 In the event of a conflict, expressly agreed individual arrangements and the order take precedence over these terms. A data processing agreement takes precedence on the subject of processing personal data. An agreed service level takes precedence on the service level concerned. A privacy statement provides information about data processing and does not replace any required consent or agreement.

3.5 The applicability of the customer's general terms and conditions is expressly rejected, unless Everevolve accepts otherwise in writing. A deviation from these terms applies only to the extent the parties agree to it.

Article 4 – Content of the service

4.1 Everevolve provides the features and capacity described in the order. These may include SEO and GEO analyses, keyword research, recommendations, content generation, bulk processing and publishing via supported website integrations.

4.2 Everevolve performs the agreement with the care that may be expected of a reasonably acting and reasonably competent SaaS provider. The service supports the customer's work. Separate advisory, editorial or implementation work is only included if it has been agreed.

4.3 Everevolve may maintain and improve the platform. Changes that materially restrict the agreed use fall under article 26. The platform may not be materially stripped down during a paid contract period without applying that article.

4.4 The customer provides, in good time, the information, access and cooperation that are reasonably required. Everevolve points out the consequences of missing cooperation to the customer as soon as these are reasonably foreseeable.

Article 5 – Right to use the platform

5.1 During the trial and the agreed subscription term, the customer receives a non-exclusive right to use the platform within the chosen plan. A cancellation only ends this right of use on the effective end date, subject to justified suspension under these terms.

5.2 Users within the agreed team or agency licence may use the platform on behalf of the customer. Resale, rental, making accounts independently available and use under a private label are only permitted to the extent the plan or a separate arrangement provides for this. Use of output for clients is governed by article 10.

5.3 The customer may not circumvent security or technical usage limits, obtain unauthorised access, or copy or decompile protected software or non-public technology. This prohibition does not apply to acts permitted under mandatory law, including applicable interoperability rights. Ordinary use of public information, permitted export and independent development are not prohibited.

Article 6 – Accounts and security

6.1 The customer provides correct business details, manages user permissions and keeps contact and payment details up to date. The person concluding the agreement on behalf of the customer is of legal age and authorised.

6.2 The customer protects login credentials and access keys, uses available appropriate security features and revokes access for departed users in good time. Suspected misuse is reported as soon as possible.

6.3 The customer is responsible for use by persons to whom it grants access and for shortcomings in its own account management. The customer is not automatically responsible for unauthorised use resulting from a security defect attributable to Everevolve.

6.4 Everevolve takes appropriate technical and organisational security measures and limits staff access to what is necessary for their work. In the event of an incident, the parties reasonably cooperate to limit the consequences. Article 18 also applies to personal data.

Article 7 – Permitted use

7.1 The customer uses the service lawfully and holds the necessary rights to the data, websites and materials it provides. It is prohibited to use the service for fraud, malware, unauthorised access, unlawful spam, infringement of third-party rights or applications prohibited by applicable AI legislation.

7.2 Competitor research based on lawfully accessible public information is permitted within the features and limits of the service. Access to protected systems, accounts or non-public data of third parties requires valid authorisation. The customer respects applicable database rights, privacy rules and access restrictions.

7.3 Use that seriously disrupts the security or normal operation of the service is not permitted. Everevolve may take proportionate measures in accordance with articles 14, 16 and 20. A difference of opinion on substance or a complaint made in good faith is not in itself a reason for suspension.

Article 8 – AI and review of output

8.1 The platform uses artificial intelligence. AI output may be incorrect, incomplete, outdated, not unique or unsuitable for a specific purpose. Before publication or other external use, the customer checks output for facts, third-party rights, applicable advertising rules and suitability for its business.

8.2 For medical, legal or financial claims and other regulated topics, among others, the customer arranges review by an expert where necessary. The platform does not guarantee that such content meets all sector-specific requirements.

8.3 Each party remains responsible for the statutory AI obligations that apply to its own role. Everevolve cannot shift its own obligations as provider or deployer onto the customer solely through these terms. The customer provides mandatory disclosures with its publications to the extent that obligation rests with it; Everevolve provides the transparency and technical measures that rest with it.

8.4 Approval of output by the customer does not release Everevolve from its own contractual obligations, including correct execution of the approved publishing instruction. Liability is governed by article 23.

Article 9 – Bulk processing and usage credits

9.1 The same review obligations apply to bulk processing as to individual jobs. The customer determines the scope of a job and checks the settings and the output before it is published. A single job can affect multiple pages or products.

9.2 The plan or order summary states relevant limits in advance, for example for websites, users, analyses, generated texts or credits. If credits expire or are not carried over to a next period, this is clearly stated before ordering. In the absence of such an arrangement, separately paid credits do not expire solely because a subscription period ends.

9.3 Additional paid capacity and variable costs are only charged after a clear prior arrangement or a spending limit approved by the customer. Merely exceeding a limit does not constitute consent to unlimited additional costs.

9.4 If a job was not executed due to a technical error attributable to Everevolve and no usable result was delivered, Everevolve restores the wrongly deducted credits or runs the job again at no additional cost. A preference for different wording does not in itself mean that a generation failed technically.

Article 10 – Intellectual property and customer data

10.1 Rights to the platform, software, documentation, trademarks and underlying technology remain with Everevolve or its licensors. The customer retains its rights to the content and data it provides.

10.2 The customer grants Everevolve only the rights to use customer data that are necessary to provide, secure and maintain the service and to offer support. Access to content for support remains limited to what is necessary for the request or incident concerned. This permission is not an unlimited licence for Everevolve's own commercial exploitation.

10.3 Everevolve does not use non-public customer content and prompts to train general-purpose AI models for its own account or for third parties, unless separate express arrangements have been made and the required legal basis exists. Everevolve aligns its arrangements and settings with engaged AI suppliers accordingly. Truly anonymised usage statistics may be used to improve the service, without disclosing traceable customer content or confidential business information.

10.4 To the extent Everevolve can grant rights to output delivered to the customer, the customer receives a worldwide, perpetual, non-exclusive right to use, modify, publish and commercially exploit that output, including for clients and after the subscription ends. This right includes passing on the necessary rights of use to those clients. It does not give access to the platform after termination.

10.5 Everevolve does not guarantee that output created solely by AI is protected by copyright or exclusive. Third-party rights in, for example, provided images, quotes or trademarks remain in place. For material with separate licence terms, Everevolve makes those terms known in advance where it offers that material.

10.6 Everevolve only uses the customer's name, logo or a substantive customer case for public marketing with the customer's permission.

Article 11 – Integrations and publishing

11.1 The customer grants only the access rights necessary for a chosen integration. The customer remains responsible for its agreement with the external provider and for its own changes to its website. Everevolve treats access keys confidentially and uses them only for the agreed service.

11.2 The platform publishes or changes content on a connected website on the basis of an instruction or approval by an authorised user. Approval may concern an individual change or a clearly defined batch. Ongoing automatic publishing is only permitted if the customer separately activates that feature and its scope and the option to switch it off are clear in advance.

11.3 Before approval, the customer checks the intended content, destination and scope of the publication. Everevolve ensures execution within the given instruction. Where the integration supports it, the platform makes clear whether a job is saved as a draft or published directly.

11.4 Availability of an integration also depends on the external service. In the event of relevant changes or outages, Everevolve informs the customer and makes reasonable efforts to restore it or provide a suitable alternative. This does not limit liability for Everevolve's own errors or statutory responsibility for auxiliary persons engaged.

11.5 Included integrations are listed in the plan description. Custom work, external licences and any additional costs are agreed in advance.

Article 12 – Prices and payment

12.1 Prices, currency, contract term and payment frequency are stated in the order. Prices exclude VAT unless stated otherwise. VAT is applied in accordance with the law, including any reverse charge. Subscription fees are payable in advance on the agreed payment date.

12.2 Payment can be made via Stripe, including Link, or another offered payment method. Link is a payment facility; the underlying payment method actually chosen determines which payment rules and any mandate apply. Storing payment details does not in itself constitute consent to a subscription.

12.3 When ordering, the customer consents to the clearly described recurring payments, in accordance with the chosen payment method and the requirements of the payment service provider. A SEPA mandate only applies when that payment method has actually been chosen and the required mandate has been obtained. Everevolve provides an invoice or payment confirmation.

12.4 If a payment fails or is not made, the customer receives a notice with the opportunity to pay or restore the payment method within at least seven calendar days. Suspension for non-payment only takes place after that period and a clear warning, unless there is fraud or another urgent ground under article 14. Statutory commercial interest due and reasonable, legally permissible collection costs may be claimed as soon as the statutory conditions for this are met.

12.5 A customer may dispute an invoice, with reasons, via the contact address. Everevolve investigates the objection within a reasonable time. Undisputed amounts remain payable. In the case of a sufficiently specific objection raised in good faith, Everevolve does not suspend solely because of the disputed part while the objection is reasonably being investigated. Statutory complaint and limitation periods continue to apply.

12.6 The customer retains the rights that the law and its payment service provider offer to dispute a payment. A reversal or chargeback does not automatically end the subscription and does not definitively decide whether a contractual payment obligation exists. Everevolve may provide evidence and still claim an amount actually owed, but does not charge an automatic penalty for filing a dispute and does not collect the same amount twice.

12.7 Everevolve may adjust prices for a next contract period due to changes in costs, functionality or its pricing policy. It announces the new amount by email at least thirty calendar days in advance. The price does not change during an already agreed fixed period. If the notice is too late for the next renewal, the increase only takes effect at a subsequent renewal. The customer may cancel before the increase in accordance with article 14.

Article 13 – Free trial

13.1 If a trial is offered, it lasts three days, being 72 hours from the activation moment stated in the confirmation, unless a different duration was expressly agreed when ordering. The order and confirmation state the exact end date and end time, with time zone, and the amount and payment interval due thereafter.

13.2 The trial is only free for the features described as included. Separate paid extras require a separate clear order. A temporary verification or authorisation hold by the payment service provider is not a subscription charge; any hold is explained in advance.

13.3 If the customer expressly agrees to paid continuation when ordering, the subscription automatically continues after the trial at the price and term agreed at that time, unless the customer cancels before the end. This is the performance of the arrangement made at the start. Without that arrangement, a free account does not become a paid subscription solely through the passage of time.

13.4 Cancelling during the trial can be done via the account feature intended for this purpose or by email to the contact address. A cancellation received at that address in time is valid, even if Everevolve processes it later. A phone call, a reason for cancelling or additional confirmation by the customer is not required. The customer can continue to use the platform until the end of the trial, unless it asks for immediate termination.

13.5 At the start, Everevolve sends a confirmation with the price, end moment and cancellation instructions and, for the standard trial, also a reminder at least 24 hours before the end. Additional requirements of the payment method used continue to apply. If a promised or required notice is missing, Everevolve assesses a complaint about this on its merits; these terms do not exclude the customer's resulting rights.

13.6 In the event of timely cancellation, no subscription fees are due for the period after the trial. If a charge is nevertheless collected, Everevolve refunds the wrongly received amount no later than fourteen calendar days after the error has been established.

13.7 A customer who does not cancel a clearly agreed trial subscription in time remains liable for the agreed fees. Not logging in, not using the service, forgetting to cancel or switching to one's own adviser does not in itself give a right to a refund. This is without prejudice to rights in the event of an invalid payment arrangement, a wrongful charge, a failure to perform or another statutory ground. Everevolve may separately grant a goodwill gesture.

13.8 A trial offer applies once per business, unless offered otherwise. Everevolve may terminate demonstrable misuse of repeated trial accounts. It does not convert a free account into a paid subscription as a sanction without consent.

Article 14 – Term, cancellation and termination

14.1 A subscription has the monthly or annual term chosen when ordering. After that period it is renewed each time for the same period, unless agreed otherwise or cancelled in time. The payment frequency does not change the contract term.

14.2 The customer may cancel at any time with effect from the end of the current contract period, via the account feature or by email. The cancellation must be received before the start of the new period. No additional notice period applies. Everevolve confirms the end date; the absence of that confirmation does not invalidate a cancellation that was demonstrably received. Article 13 governs cancellation during the trial.

14.3 In the event of ordinary cancellation, access continues until the end of the paid period. The unused part is not refunded, unless these terms, a separate arrangement or the law provide otherwise. A plan change, with any settlement and effective date, is clearly confirmed in advance.

14.4 Everevolve may cancel a subscription without any failure by the customer with effect from the end of the current contract period, with at least thirty calendar days' prior notice. Earlier termination without failure by the customer requires a statutory ground or an arrangement; prepaid services not delivered are then refunded pro rata.

14.5 In the event of an attributable failure to perform, the injured party gives the other party written notice and the opportunity to remedy within fourteen calendar days, or within another reasonable period appropriate to the failure, before it rescinds. This is not necessary where the law permits immediate action, for example in the case of permanent impossibility or a sufficiently serious failure that cannot be remedied.

14.6 In the event of a specific security risk, demonstrable fraud, unlawful use or a binding government order, Everevolve may immediately restrict access appropriately. The measure goes no further and lasts no longer than necessary. Everevolve explains the reason and the options for restoration, unless the law or security prevents this. Ordinary payment arrears are handled in accordance with article 12.

14.7 Rescission, refunds and damages are assessed in accordance with the agreement and the law. Everevolve does not charge for a new renewal period after it has terminated the agreement itself. Article 15 applies to data export and switching.

Article 15 – Export, switching and deletion

15.1 The customer can export its customer data and output intended for this purpose during the subscription. On request, Everevolve helps with switching to another provider, to the customer's own infrastructure, or with termination and retrieving data. Mandatory rights under the European Data Act remain fully applicable.

15.2 Before the agreement is concluded and during its term, Everevolve makes accessible, up-to-date information available about the switching procedure, exportable data and digital assets, the available formats and interfaces and any substantiated exceptions. The online data register also lists relevant structures and dependencies. Available export formats are structured, commonly used and machine-readable where the nature of the data allows.

15.3 Export comprises the customer's input and output and the other data and metadata that are portable under applicable law. Protected software, Everevolve's own trade secrets and data of other customers need not be provided, to the extent the law permits that exception. An exception may not be used to obstruct the agreed or legally required switch.

15.4 The customer can request a switch by email. Everevolve confirms the request and agrees on the data, responsibilities and planning. The preparation or notice period is at most one month after receipt; the subsequent transition period is at most thirty calendar days. The customer may request a later start or a longer transition period. Deviations may not limit statutory switching rights.

15.5 During the transition, Everevolve provides reasonable support, information and cooperation and safeguards the security and continuity of the agreed service. It cooperates in good faith with the customer and its new provider. The customer provides the necessary access and cooperation in good time. Everevolve is not required to make another provider's software identical to SEOptimate and does not guarantee features over which it has no control.

15.6 Everevolve does not charge separate fees for legally required export and switching support. Normal subscription fees remain payable until the effective end date. In the case of a switch governed by law, the agreement ends at the statutory moment applicable to it. A fee for early termination of a fixed term is only payable if it was agreed separately, expressly and transparently before ordering and is permitted by law. These terms do not themselves introduce any such fee. Prepayments for the period after the end date are refunded within fourteen calendar days, after lawful set-off.

15.7 After effective termination, or after the transition period if that ends later, Everevolve keeps exportable customer data available for retrieval for sixty calendar days. No renewal of the subscription is required for this. This is not a right to continued active use of all platform features. Everevolve informs the customer about the retrieval period and the consequences of deletion. Earlier deletion on the instruction of the authorised customer is possible, subject to the law and the data processing agreement.

15.8 After that period, Everevolve deletes the data concerned from active systems. Remaining backup copies are overwritten or deleted no later than ninety calendar days thereafter and are not used for other purposes in the meantime. If a backup is restored for recovery, previously given deletion instructions are carried out again. Data subject to a statutory retention obligation or a legitimate need for a specific dispute is retained separately and solely for that purpose, no longer than necessary.

15.9 A payment dispute does not entitle Everevolve to block legally required export or return of personal data. Verification of the identity and authority of the requester remains permitted. Obligations under the GDPR and the data processing agreement may require earlier deletion or other measures and in that case take precedence.

Article 16 – Reasonable use and limits

16.1 Usage limits are based on the agreed plan. Everevolve may take reasonable technical measures against misuse and overload, but does not use a general reference to reasonable use to structurally reduce capacity promised in advance.

16.2 If limits are exceeded, Everevolve informs the customer and, where possible, gives at least five working days to adjust the usage or agree on different capacity. In the event of immediate security or availability risks, it may take a proportionate measure earlier and explains it as soon as possible.

16.3 A change to structural plan limits during an ongoing agreement falls under article 26. Paid expansion requires consent in accordance with article 9.

Article 17 – Agencies and clients

17.1 An agency may use SEOptimate for its clients within the agreed licence. The agency concludes the agreement with Everevolve, arranges the necessary authorisations from its clients and manages access to their projects carefully.

17.2 The agency remains responsible towards Everevolve for its payment and usage obligations. Its client does not become a contracting party of Everevolve solely because a project is added.

17.3 Privacy roles follow the actual relationships. An agency may be a controller or a processor; Everevolve may be a processor or sub-processor in that context. The parties record the correct chain and necessary permissions in the data processing agreement. A general assumption that every agency is a controller does not apply.

Article 18 – Processing of personal data

18.1 For personal data that Everevolve processes on behalf of the customer, the parties conclude a data processing agreement that complies with article 28 GDPR before that processing starts. It describes, among other things, the subject matter, duration, purposes, data subjects, data categories, instructions, security, confidentiality, assistance, audits and return or deletion.

18.2 Everevolve processes this personal data only on documented instructions, unless required otherwise by law. The customer ensures a valid legal basis, information to data subjects and lawful instructions. This allocation of responsibilities does not release Everevolve from its own GDPR obligations.

18.3 Sub-processors are engaged on the basis of the authorisation and change procedure in the data processing agreement. Everevolve makes the parties involved, their activities and relevant processing locations transparent and offers the agreed reasonable opportunity to object to intended changes. Everevolve remains responsible for its sub-processors' compliance with the applicable processor obligations.

18.4 For transfers outside the European Economic Area, Everevolve ensures the legally required safeguards and, where necessary, supplementary measures. A supplier is not automatically regarded as a sub-processor: for example, a payment service provider may be an independent controller for certain processing.

18.5 Everevolve notifies the customer without undue delay of a breach relating to personal data processed on behalf of the customer, provides available relevant information and gives the assistance reasonably required. The parties cooperate on data subject requests and other GDPR obligations as set out in the data processing agreement.

Article 19 – Privacy and confidentiality

19.1 For processing for which Everevolve is itself the controller, such as necessary account administration and invoicing, the privacy statement at https://seoptimate.com/privacy/ applies. It describes the actual purposes, legal bases, recipients and retention periods. Acceptance of these terms does not count as general consent for marketing, cookies or model training.

19.2 Everevolve handles data subject requests within the GDPR time limits; the starting period is one month. For data it processes on behalf of a customer, it forwards a request to that customer where necessary and provides appropriate assistance.

19.3 The parties keep confidential any non-public information whose confidential nature they know or should know. They use that information only for the agreement and share it only with persons who need it and are bound by appropriate confidentiality.

19.4 Confidentiality does not apply to information that is lawfully public, independently developed or lawfully obtained from a third party without a confidentiality obligation. Mandatory disclosure under the law remains possible; the disclosing party informs the other party in advance to the extent permitted and limits the disclosure to what is necessary.

19.5 Everevolve makes relevant information available about the jurisdiction and location of its infrastructure and measures against unlawful government access. It assesses requests for customer data for authority, legal basis and proportionality and takes the measures required by the GDPR and the Data Act. Confidentiality obligations continue after the end of the agreement for as long as the information is confidential.

Article 20 – Oversight and measures

20.1 Everevolve may monitor the platform proportionately for security, fraud prevention, support, compliance with usage limits and legal obligations. Access to content is limited to what is necessary for the purpose concerned. This article does not give an unlimited right to examine customer content for other purposes.

20.2 When restricting access or removing content, Everevolve gives, to the extent permitted, an understandable reason and an opportunity to object. It assesses an objection carefully and aims to respond on the merits within fourteen calendar days. Urgent restoration requests are handled appropriately faster.

20.3 To the extent a part of the service falls under the Digital Services Act or other specific regulation, Everevolve complies with the obligations applicable to that part. These terms do not, without assessment, classify the entire service as a specific type of intermediary service.

Article 21 – Notices about content and rights

21.1 Notices about allegedly unlawful content or infringement of rights can be sent to the contact address. The notice contains sufficient information to locate the content, an explanation of the objection and the contact details of the notifier.

21.2 Everevolve assesses the notice carefully and may request additional information. It informs the customer concerned and gives it an opportunity to respond, unless urgency or a legal obligation prevents this. Any measures are appropriate to the nature and substantiation of the notice.

21.3 The parties inform each other in good time of relevant third-party claims and reasonably cooperate in handling them. This article does not contain an unlimited indemnity by the customer for errors for which Everevolve itself is responsible.

Article 22 – Expectations and remedies

22.1 Everevolve does not guarantee any particular position in search engines or AI answers, indexing, visitor numbers, revenue, conversions or other commercial results. These also depend on external parties, market developments, the website and implementation by the customer.

22.2 Everevolve does not guarantee completely error-free or uninterrupted operation. It does remain bound by the agreed functionality, appropriate security, reasonable care and specific written commitments. These terms do not exclude those core obligations through a general provision that everything is used solely at the customer's own risk.

22.3 The customer reports relevant defects within a reasonable time after discovery, with sufficient information for investigation. Everevolve investigates the report and remedies a defect attributable to it within a reasonable period or offers a suitable solution. Statutory rights in the event of non-performance remain in place.

Article 23 – Liability

23.1 To the extent the law permits limitation, Everevolve's total liability for damage arising from or in connection with the agreement is limited per contract year to the subscription and service fees that the customer paid or became liable for in the twelve months before the event causing the damage, with a minimum of € 1,000 and a maximum of € 5,000. A contract year is each period of twelve months from the start of the agreement. Related events count as one event in the contract year in which the first of them occurred.

23.2 Only direct damage is eligible for compensation. This includes reasonable costs to establish the cause and extent, to limit damage and to restore data or a website to the extent the loss or change is attributable to Everevolve. Lost profits, missed savings, consequential damage and reputational damage are excluded, subject to article 23.3. An item of damage is not excluded solely because it is financial in nature.

23.3 The limitations and exclusions do not apply to damage caused by intent or deliberate recklessness of Everevolve or its management, death or personal injury, and in other cases where limitation is not permitted by law. Nor do they limit liability for gross negligence to the extent the Data Act or other mandatory law prohibits this. Rights of data subjects and statutory powers of supervisory authorities remain unaffected.

23.4 Refunds of wrongly collected amounts, agreed credit corrections and refunds of prepaid services not delivered do not fall under the damages cap.

23.5 For liability for remediable non-performance, Everevolve is first given a reasonable opportunity to remedy, to the extent required by law. The parties limit damage where reasonably possible. The statutory rules apply to contributory fault and damage partly caused by the other party.

Article 24 – Force majeure

24.1 Force majeure only exists in the case of a failure that, under the law, cannot be attributed to the party concerned. An outage at a supplier, a cyber incident or a staff shortage is not automatically force majeure; foreseeability, measures taken and the statutory allocation of risk are among the relevant factors.

24.2 The affected party informs the other party as soon as possible and takes reasonable measures to limit the consequences and resume performance. Payment obligations for services already delivered remain.

24.3 If a material impediment lasts longer than sixty calendar days, each party may terminate the affected part of the agreement in writing without compensation for that force majeure. Prepayments for the part not delivered are refunded. Statutory powers to act earlier remain in place.

Article 25 – Availability, maintenance and support

25.1 Everevolve makes efforts to provide a usable and secure platform and appropriate support. A guaranteed availability percentage or fixed recovery time only applies when a separate service level has been agreed.

25.2 Everevolve announces planned maintenance that noticeably interrupts normal use at least 24 hours in advance where reasonably possible. Urgent security maintenance may take place immediately; Everevolve informs the customer of relevant consequences as soon as possible.

25.3 Everevolve maintains appropriate backup and recovery measures for the service. The customer also keeps its own copies of website content essential to its business and of available exports. That precaution by the customer does not release Everevolve from its agreed obligations.

Article 26 – Changes to the terms and the service

26.1 Everevolve may amend these terms or the service because of changes in legislation, security, technical developments or a reasonable change to its services. The change must be proportionate to the reason and may not retroactively change existing payment obligations or liability.

26.2 Everevolve sends a change by email at least thirty calendar days before the intended effective date, with an understandable explanation and a storable new version. An announcement solely on a web page is insufficient for a material change. Price changes are governed by article 12.7.

26.3 In the event of a change that materially adversely affects the customer's position, the customer may terminate the agreement free of charge with effect no later than the effective date of that change. This also applies during an annual subscription. Unused prepayments for the period thereafter are refunded pro rata. The notice states this right and how the customer exercises it. The customer may also reject the change earlier; the parties may then agree to continue under the existing arrangements.

26.4 A shorter notice period may apply to an amendment that is necessary to comply immediately with mandatory law or to resolve an acute security risk. Everevolve gives reasons for this. The customer's further termination and remedy rights remain in place. Merely continuing to use the service does not count as a general waiver of rights.

Article 27 – Law and disputes

27.1 The agreement is governed by Dutch law. Mandatory rules that apply notwithstanding this choice of law remain applicable.

27.2 The parties first try to resolve a dispute via the contact address. This does not limit access to the courts, the possibility of interim measures or statutory time limits.

27.3 Disputes are submitted to the competent court of the District Court of Zeeland-West-Brabant, unless mandatory law provides otherwise or the parties agree in writing on another competent court.

Article 28 – Final provisions

28.1 The agreement consists of the agreed order, individual arrangements, applicable annexes and these terms, with the order of precedence in article 3. Specific individual commitments do not lapse merely because of this final provision.

28.2 If a provision is wholly or partly invalid, the other provisions remain in force as far as possible. The parties consult on a valid replacement that respects the purpose and intent and the applicable law. An invalid provision is not automatically converted into the broadest possible permitted provision.

28.3 Transfer of the agreement takes place with the required cooperation or in another legally permitted manner. In the event of an intended transfer of the services, Everevolve informs the customer in good time. A transfer does not limit the customer's existing rights.

28.4 Temporarily not exercising a right does not mean that it has been waived. Provisions that by their nature are intended to continue after termination, including rights to delivered output, confidentiality, outstanding payment obligations and liability, remain in force for that purpose.

28.5 Digital records may serve as evidence of the order, consents and notices, without prejudice to the customer's right to provide evidence to the contrary. A contractually required notice is deemed received in accordance with the statutory rules. The parties keep their provided contact address reachable.

28.6 The language version agreed when the agreement was concluded prevails. If the parties expressly accept both a Dutch text and a translation and agree that the Dutch text prevails, that arrangement applies.