Evolvio Beta Terms of Use

These Beta Terms of Use ("Terms") govern your participation in the closed beta service (the “Beta” or the “Services”) of Evolvio LLC ("Evolvio," "we"). By creating an account or using the service during the Beta, you confirm your agreement to be bound by these Terms and that you have read and understood them. If you do not agree to these Terms, do not access or use the Services.

1. Beta status

The service is pre-release software provided for evaluation. Features may change, be removed, or fail. We may modify, suspend, or discontinue the beta at any time. The beta period runs from your acceptance until twelve (12) months after the effective date above, unless ended earlier by either of us.

2. Eligibility and accounts

You must be at least 18 and using the service for your own professional development. You are responsible for your account credentials and for the accuracy of the information you provide.

3. Subscriptions and billing

Evolvio is free during the beta. New users receive a fourteen (14) day free trial with no payment method required, and beta participants admitted under founding-member arrangements have free access for the period communicated to them. Paid subscription plans, billed monthly and processed by Stripe, will launch during the beta. When they launch: plan rates and included usage will be displayed at checkout before you subscribe; subscriptions will renew each month until cancelled; you will be able to cancel at any time through your account settings, with cancellation taking effect at the end of the current paid period and access retained until then; payments will be non-refundable except where required by law; we will provide at least thirty (30) days notice before any change to a plan rate; and Evolvio will not store your card details. Cancelling a subscription and deleting your account are separate actions: cancellation stops coaching and new processing, while your dashboard and existing record remain available until you delete your account. If a cancelled account remains inactive for twelve (12) months, we may delete the account and its data after first notifying you by email. If you do not subscribe when your trial or founding-member period ends, your access ends, and you may export your behavioral record before it does.

4. What the service does — and does not — capture

The service captures audio from the audio-input device you select, using your device's microphone permission. Before coaching begins, you choose whether Evolvio uses only your own speech or also uses what others say in the meeting as context; the broader option is off by default, is never enabled automatically, and is locked for that meeting once chosen. In the browser extension, the broader option also captures the meeting tab's audio as a separate stream; in the default self-only setting, the tab's audio is not requested or captured at all. In the Zoom desktop experience there is no tab audio; the microphone connection remains open during a coaching session, but in self-only mode audio is recorded and transcribed only during the intervals Zoom identifies you as the active speaker. Where your meeting platform provides captions or a transcript, Evolvio may use that text as context instead, and you may also import a transcript you already hold from another tool. However meeting context reaches Evolvio, it is used only to interpret and coach you: Evolvio analyzes and creates behavioral records only about you, not other participants, and other participants' words are discarded immediately after use. The transcript of your own words is retained for one year as part of your record; raw audio is not retained. Evolvio does not access Zoom's meeting audio streams, does not use Zoom RTMS, and does not receive separate per-participant feeds. Evolvio's web experience is hosted on Vercel, and its behavioral intelligence service is hosted on Render and may use contracted transcription and AI-processing providers as described in the Privacy Statement.

Behavioral analysis. Evolvio uses AI-assisted behavioral analysis informed by research and applied frameworks from behavioral science, organizational behavior, communication, learning, negotiation, and behavior change. The service is designed to identify and describe observable workplace behavior about you and longitudinal patterns relevant to goals you choose. Outputs may include paraphrased evidence summaries, observations, interpretations, possible impacts, alternative explanations, confidence indicators, patterns, reports, and goal-linked development practices. These outputs are probabilistic and may be incomplete or inaccurate. Evolvio is not designed to diagnose psychological or medical conditions, assign personality types, or determine competence, employability, promotability, compensation, or suitability for any role.

5. Your responsibilities

Laws on recording, privacy, and workplace notification vary by jurisdiction and employer. You agree to: (a) comply with applicable law and your employer's policies when using Evolvio; (b) disclose your use of Evolvio and obtain any consent that law, policy, or the other participants require, particularly before enabling the broader capture option; and (c) not use the service to attempt to capture, reconstruct, or analyze other participants' speech for any purpose other than context for your own coaching, or to create records about other people. Each time you enable the broader capture option for a meeting, you will be asked to confirm that you have met the obligations in (a) and (b) for that meeting.

You represent and warrant that You (i) have full power and authority to enter into this Agreement and perform Your obligations hereunder; and (ii) have not entered into, and will not enter into, any agreement that would prevent You from complying with or performing Your obligations under this Agreement.

6. Ownership

Your record is yours. Subject to applicable law and the rights described in the Privacy Statement, you own your behavioral record and may export it. You grant Evolvio a limited license to host and process your information as needed to provide, secure, maintain, and improve the service in accordance with the Privacy Statement. Evolvio owns the software, models, frameworks, and other intellectual property in the service. Evolvio does not use your behavioral record or meeting-derived source content to train foundation AI models. You may deliberately share selected Evolvio artifacts, links, or exported information about yourself.

All intellectual property rights in the Services and any related database, including copyrights, trademarks, industrial designs, patents, and trade secrets, are either exclusive property of the Company or licensed to the Company. The Services are protected, inter alia, by United States Copyright, Patent, and Trademark law or by provisions prescribed by any other law, in the United States and abroad.

7. Feedback

Feedback you choose to give us about the beta may be used to improve the product without obligation or attribution. Feedback never includes your behavioral record itself unless you explicitly share it.

8. Confidentiality

Non-public features, roadmap details, and materials we share with beta participants are confidential until publicly released. Describing your own experience publicly is welcome; sharing screenshots of unreleased features requires our OK first.

9. Acceptable use

You acknowledge and agree that your use of the Services will be for personal and non-commercial purposes. For clarity, personal use may include improving yourself or the services you provide an employer or other entity paying you for such services, but may not include the resale or offering of the Services themselves. You will not reverse engineer the service, probe or overload it, misrepresent your identity or another person's identity, or use the service to make decisions about other people, including employment decisions.

You may use the Services solely for the purposes described herein. You may not offer to third parties a service of your own that uses the Services; you may not resell the Services, offer them for rent or lease, offer them to the public via communication, or integrate them within a service of your own, without the prior written consent of the Company.

When using the Services, you must not engage in scraping, data mining, harvesting, screen scraping, data aggregating, or indexing. You agree that You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without the express written permission of the Company. The Services must not be used in any way, not expressly permitted by these Terms.

You may not sell or offer to sell any data that is freely or otherwise available for viewing or purchase through the Services. Nothing in this Agreement can be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of the Company’s content. Use of the Company’s content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You must not, whether by yourself or anyone on your behalf, without the express permission of the Company:

(i) Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or publicly display, perform, or distribute Company content, except that you may take and share screenshots of your own experience subject to Section 8 and any other restrictions in these Terms;

(ii) Make any use of the content on the Services on any other website or networked computer environment for any purpose, or replicate or copy the content without the Company’s prior written consent;

(iii) Create a browser or border environment around the content on the Services (no frames or inline linking);

(iv) Interfere with or violate any third-party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Services without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index or data-mine;

(v) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights;

(vi) Transmit or otherwise make available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, Software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(vii) Interfere with or disrupt the operation of the Services, or the servers or networks that host the Services, or make the Services unavailable, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) Sell, license, or exploit for any commercial purposes any use of or access to the content on the App and/or the Services;

(ix) Frame or mirror any part of the Services without the Company’s prior express written authorization;

(x) Create a database by systematically downloading and storing all or any of the content from the Services;

(xi) Commercially resell or redistribute data generated by the Services, except that you may export and deliberately share your own behavioral record or selected Evolvio artifacts as described in these Terms and the Privacy Statement;

(xii) Transfer or assign your account’s password, even temporarily, to a third-party;

(xiii) Use the Services for any illegal, immoral, or unauthorized purpose;

(xiv) Use the Services for non-personal or commercial purposes without the Company’s express prior written consent; or

(xv) Infringe or violate any of the Terms.

You may terminate your use of the Services at any time and for whatever reason. The Company retains the right to block your access to the Services and discontinue your use of the Services, at any time and for any reason the Company deems appropriate, at its sole and absolute discretion. To the extent possible, We will advise You of your account termination.

The Company reserves the right to change, suspend, remove, discontinue, or disable access to the Services at any time without notice. In no event will the Company be liable for the removal of or disabling of access to any portion or feature of the Services.

10. Not professional advice

Evolvio describes patterns in your own behavior. It is a self-management tool, not medical, psychological, legal, or employment advice, and no coaching relationship is created.

Outputs are intended for your own reflection and self-management. They are not psychological assessments, personality tests, clinical diagnoses, or employment evaluations, and they should not be treated as definitive statements about your identity, capabilities, or future performance. Evolvio does not make hiring, promotion, compensation, termination, or other employment decisions about you or anyone else.

Evolvio helps you see and develop how you work. It does not guarantee any professional or commercial outcome — a promotion, a raise, a new client, a closed sale, a job offer, or any other result. Coaching, forecasts, and other outputs are probabilistic guidance, and results depend on you and on factors outside the service.

11. Disclaimers

THE SERVICES ARE PROVIDED AS-IS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

YOU UNDERSTAND THAT THE SERVICES MAY BE SUBJECT TO DOWNTIME OR OTHERWISE UNAVAILABLE FOR TEMPORARY PERIODS OF TIME DUE TO MAINTENANCE OR OTHER REASONS AS WE DEEM NECESSARY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DO NOT WARRANT ANY CONNECTION TO, TRANSMISSION OVER, OR RESULTS OR USE OF, ANY NETWORK CONNECTION OR FACILITIES PROVIDED (OR FAILED TO BE PROVIDED) THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR ASSESSING YOUR OWN COMPUTER AND TRANSMISSION NETWORK NEEDS, AND THE RESULTS TO BE OBTAINED THEREFROM. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY POSSIBLE INADVERTENT INACCURACIES IN THE INFORMATION USED BY YOU IN THE SERVICES. IF YOU CHOOSE TO INCLUDE YOUR CONTENT IN THE SERVICES, YOU ARE FULLY RESPONSIBLE FOR THE ACCURACY OF SUCH LISTING AND THE ACCURACY OF THE CONTENT.

12. Limitation of liability

IN ADDITION TO ALL AFOREMENTIONED LIMITATIONS AND DISCLAIMERS, THE COMPANY IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE OF THE COMPANY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF YOUR USE OF THE SERVICES OR YOUR INABILITY TO ACCESS THE SERVICES.

IF A DISPUTE ARISES BETWEEN ANY USERS OF THE SERVICES, YOU RELEASE THE COMPANY FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

THE COMPANY IS NOT LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY USERS, OR THE NEGLIGENCE OR WILLFUL ACTS OF SUCH THIRD-PARTIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY IS NOT LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION LIMIT LIABILITY AND ALTER YOUR RIGHTS AS A CONSUMER TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOLVIO'S TOTAL LIABILITY ARISING OUT OF THE BETA WILL NEVER EXCEED THE GREATER OF THE AMOUNTS YOU PAID FOR THE BETA (IF ANY) OR USD $100.

13. Indemnification

You must indemnify, hold harmless, and defend the Company from and against all claims brought against the Company by any third-party arising from or in connection with Your negligence or willful misconduct, or that Your employees or agents, in connection with the use of the Services, any breaches of representations, warranties, or covenants in this Agreement, any violation or claimed violation of a third-party's rights resulting from infringement of intellectual property, or any failure to comply with applicable laws.

14. Term, termination, and your data

Either of us may end your beta participation at any time. After termination, export and deletion will be handled as described in the Privacy Statement. Sections that by their nature should survive termination will survive to the extent permitted by law.

At account creation you must affirmatively accept these Terms and acknowledge your disclosure responsibilities under Section 5. You understand and acknowledge that the Services may collect information about You as described in our Privacy Statement. By using the Services You agree to all terms and conditions in the Privacy Statement and represent that You have read and understood it.

15. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to conflicts rules. Each Party shall institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in New Jersey, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding.

You agree that any claim or dispute at law or equity that has arisen or may arise between You and the Company will be resolved in accordance with the provisions set forth in this Dispute Resolution Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims between the Company and You are resolved.

(a) Applicable Law. You agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between You and the Company, except as otherwise stated in this Agreement.

(b) Agreement to Arbitrate. You agree that any and all disputes or claims that have arisen or may arise between You and the Company will be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

(c) Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of this Agreement as a court would.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.

The arbitration must be held in the state in which the Company is incorporated. If the value of the relief sought is ten-thousand dollars ($10,000.00) or less, the Company and You may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on the Company and You, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by the Company and You unless your arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will be bound by rulings in prior arbitration involving You to the extent required by applicable law. The arbitrator’s award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

(d) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, You agree to reimburse the Company for all fees associated with the arbitration.

(e) Judicial Forum for Legal Disputes. Unless You and We agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to You or to a particular claim or dispute, as a result of a court order, You agree that any claim or dispute that has arisen or may arise between You and We must be resolved exclusively by a state or federal court located in New Jersey. The Company and You agree to submit to the non-exclusive jurisdiction of the courts located within New Jersey for the purpose of litigating all such claims or disputes.

16. Changes

We may update these Terms during the Beta with notice in the app, by email, or by another legally permitted method. Continued use after the effective date of changes constitutes acceptance to the extent permitted by law.

17. Miscellaneous

Assignment. This Agreement and all of its pursuant obligations and covenants may not be assigned or delegated, in whole or in part, by You, and any such purported assignment or delegation will be void.

Attorneys’ Fees. If any legal action is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and expenses in addition to any other allowable relief.

Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the enforceability of any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate to or be construed as a waiver thereof; and a single or partial exercise of any right, remedy, power, or privilege hereunder will not preclude any other or further exercise or the exercise of any other right, remedy, power, or privilege.

Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will be deemed one and the same agreement.

You acknowledge that you have had the full opportunity to review this Agreement in detail and to seek independent legal representation and advice pertaining to this Agreement and either have done so or have, in your own independent judgment, chosen not to do so.

These Terms must not be construed against the Company as the drafter of these Terms.