TERMS OF SERVICE

Last Updated: Jan 8, 2023

1. INTRODUCTION

These Terms of Service ("Terms") govern your access to and use of the services provided by Evergrow Advisors ("Company," "we," "our," or "us"), including our website located at evergrowadvisors.com, marketing services, Google Workspace and Microsoft Azure inbox provisioning, and other related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

2. SERVICES DESCRIPTION

2.1 Marketing Services

Evergrow Advisors provides various marketing services, which may include but are not limited to:

• Digital marketing strategy development

• Content creation and management

• Social media marketing

• Email marketing campaigns

• Search engine optimization (SEO)

• Pay-per-click (PPC) advertising

• Marketing analytics and reporting

• Brand development and management

2.2 Google and Azure Inbox Services

Evergrow Advisors also provides Google Workspace and Microsoft Azure inbox provisioning and management services, which may include:

• Setup and configuration of Google Workspace accounts

• Setup and configuration of Microsoft 365 accounts with Azure integration

• Email migration services

• Account management and support

• Security and compliance configuration

• Training and implementation assistance

3. ACCOUNT REGISTRATION AND RESPONSIBILITIES

3.1 Account Creation

To access certain features of our Services, you may be required to register for an account. When registering, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Authority

If you register an account on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms and to grant us all permissions and licenses provided in these Terms.

3.3 Account Security

You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.

4. SERVICE FEES AND PAYMENT

4.1 Fees

The fees for our Services are set forth in the service agreement or order form you execute with us. We reserve the right to change our fees at any time, provided that we will notify you before the change applies to you.

4.2 Payment Terms

Payment terms are specified in your service agreement. Unless otherwise stated, invoices are due upon receipt. You agree to pay all fees specified in your service agreement.

4.3 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, and value-added taxes associated with your use of our Services.

4.4 Late Payments

If you fail to pay fees when due, we may suspend or terminate your access to the Services. You will be responsible for all costs we incur in connection with collecting such unpaid fees, including attorney fees.

4.5 No Refunds

All payments made to Evergrow Advisors are final and non-refundable. We do not provide refunds for any services, including but not limited to marketing services, Google Workspace provisioning, Microsoft Azure inbox services, or any other services provided by us, regardless of the reason for the refund request. By engaging our services, you acknowledge and agree to this no-refund policy.

5. THIRD-PARTY SERVICES AND LICENSING

5.1 Third-Party Services

Our Services may include the provisioning of third-party services, such as Google Workspace and Microsoft Azure. Your use of these third-party services is subject to the terms of service, privacy policies, and other terms and conditions imposed by those third parties.

5.2 Licensing and Compliance

You acknowledge that:

• We act as a reseller or facilitator for Google Workspace and Microsoft Azure services

• You must comply with Google's and Microsoft's terms of service and licensing requirements

• Ultimate responsibility for compliance with applicable third-party terms rests with you

• Licenses for these third-party services are provided directly by Google and Microsoft, not by Evergrow Advisors

5.3 Service Level Agreements

Any service level agreements (SLAs) for Google Workspace or Microsoft Azure services are provided by Google and Microsoft, respectively. Evergrow Advisors does not provide independent SLAs for these third-party services.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 License to Use Our Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your internal business purposes.

6.3 Your Content

You retain all rights in any content that you submit, post, or display through our Services ("Your Content"). By submitting, posting, or displaying Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute Your Content for the purpose of providing our Services to you.

6.4 Feedback

If you provide us with any feedback or suggestions regarding our Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate.

7. USER RESPONSIBILITIES AND RESTRICTIONS

7.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation

• To transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable

• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity

• To engage in any activity that could disable, overburden, damage, or impair the operation of our Services

7.2 Data Usage Restrictions

When using our marketing services, you agree not to:

• Use customer data in violation of applicable privacy laws

• Share access to marketing analytics with unauthorized third parties

• Use our Services to collect data from individuals without proper consent

7.3 Email Service Restrictions

When using our Google Workspace or Microsoft Azure inbox services, you agree not to:

• Send spam or bulk unsolicited messages

• Distribute malware or engage in phishing activities

• Attempt to breach or circumvent any security measures

• Exceed storage limits or quotas established by Google or Microsoft

• Violate Google's or Microsoft's acceptable use policies

8. DISCLAIMER OF WARRANTIES

8.1 Service Provided "As Is"

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND EVERGROW ADVISORS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 No Guarantee of Results

We do not guarantee that (a) the Services will meet your specific requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results of using the Services will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or (e) any errors in the Services will be corrected.

8.3 Third-Party Services

We specifically disclaim all warranties and guarantees related to Google Workspace and Microsoft Azure services, which are provided by Google and Microsoft, respectively.

9. LIMITATION OF LIABILITY

9.1 Exclusion of Certain Damages

IN NO EVENT WILL EVERGROW ADVISORS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

9.2 Cap on Liability

IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE PRECEDING EXCLUSION OF LIABILITY IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF EVERGROW ADVISORS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO EVERGROW ADVISORS DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (B) $100.

9.3 Essential Purpose

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVERGROW ADVISORS AND YOU.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Evergrow Advisors, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms

• Your use of the Services, including use of third-party services like Google Workspace and Microsoft Azure

• Your Content, or any material you provide to us or upload through our Services

• Your violation of the rights of any third party, including but not limited to intellectual property rights

11. TERM AND TERMINATION

11.1 Term

These Terms shall remain in full force and effect while you use the Services.

11.2 Termination by You

You may terminate your use of the Services at any time by providing written notice to us. Termination will be effective upon our receipt of your notice, subject to the terms of your service agreement regarding minimum commitments and early termination fees.

11.3 Termination by Us

We may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms, is in violation of any applicable law, or is harmful to the interests of another user, a third-party provider, a service partner, or us.

11.4 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease

• We may delete any of Your Content that you have submitted through the Services

• All provisions of these Terms which by their nature should survive termination shall survive

12. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. GENERAL PROVISIONS

13.1 Governing Law

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of [Your State/Jurisdiction], without giving effect to any choice or conflict of law provision or rule.

13.2 Dispute Resolution

Any legal action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of [Your State/Jurisdiction], and you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13.3 Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13.4 Entire Agreement

These Terms, our Privacy Policy, and any service agreements or order forms constitute the sole and entire agreement between you and Evergrow Advisors with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

13.5 Assignment

You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent.

13.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Evergrow Advisors.

13.7 Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.

14. GOOGLE WORKSPACE AND MICROSOFT AZURE SPECIFIC TERMS

14.1 Account Creation and Management

When we provision Google Workspace or Microsoft Azure services for you:

• You authorize us to create accounts on your behalf

• You acknowledge that you are ultimately responsible for compliance with Google's and Microsoft's terms

• You agree to maintain the security and confidentiality of all access credentials

• You understand that we act as a reseller or facilitator and are not the provider of these services

14.2 Service Limitations

You acknowledge that:

• Storage limits, user counts, and features are determined by Google and Microsoft

• We cannot guarantee specific features or functionality beyond what Google and Microsoft provide

• Service availability is dependent on Google and Microsoft, not Evergrow Advisors

• Technical issues may need to be addressed by Google or Microsoft directly

14.3 Data Management

For Google Workspace and Microsoft Azure services:

• You retain all rights to your data stored in these services

• You are responsible for maintaining appropriate backups of your data

• Upon termination, you are responsible for extracting your data before account closure

• We may assist with data migration, subject to additional fees

15. MARKETING SERVICES SPECIFIC TERMS

15.1 Marketing Deliverables

For marketing services:

• All deliverables are subject to the specifications in your service agreement

• We retain the right to use non-confidential work as part of our portfolio

• Multiple rounds of revisions may incur additional fees

• Final deliverables are contingent upon your timely feedback and approvals

15.2 Marketing Results

You acknowledge that:

• Marketing outcomes are not guaranteed

• Results depend on numerous factors outside our control

• Industry changes may necessitate strategy adjustments

• We cannot guarantee specific ROI, conversion rates, or business outcomes

16. CONTACT US

If you have any questions about these Terms, please contact us at:

Evergrow Advisors
[Your physical address]
[Your phone number]
[Your email address]

By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.