Effective: May 2026
Welcome to Evely! These Terms of Service explain the rules that apply when you use Evely’s websites, applications, assessments, reports, dashboards, conversational tools, tracking features, communications, and any other Evely product or service that links to these Terms (together, the “Services”). The Services are provided by Evely, Inc. (“Evely,” “we,” “us,” or “our”).
By creating an account, purchasing, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
You must be 18 years of age or older and legally able to enter into this agreement. The Services are not intended for anyone under 18. You may use the Services only for yourself unless Evely expressly permits another use. You agree to provide accurate, current information and keep it updated.
Evely is a consumer wellness technology platform. Depending on the features available to you, the Services may organize or analyze information you provide or connect, offer educational content and personalized wellness insights, help you track information over time, and allow you to interact with automated tools. Features may change as the platform develops.
Evely is not a healthcare provider, pharmacy, laboratory, supplement manufacturer, or emergency service. Using the Services does not create a physician-patient, pharmacist-patient, therapist-patient, or other professional relationship with Evely.
No medical advice. Unless Evely expressly identifies a feature otherwise, the Services are not medical devices. The Services are for informational, educational, and general wellness purposes. They are not intended to diagnose, treat, cure, mitigate, or prevent disease, and they do not provide medical advice, a medical opinion, a prescription, or a substitute for professional care. Evely does not determine whether a medication or supplement is medically necessary.
Talk with a qualified professional. Consult an appropriate physician, pharmacist, or other licensed professional before relying on the Services for a health decision, especially before starting, stopping, replacing, combining, or changing a medication or supplement, or if you are pregnant, breastfeeding, trying to conceive, managing a medical condition, or experiencing symptoms. Never disregard or delay professional advice because of the Services.
Emergencies. Do not use the Services for an emergency or crisis. Call 911 or your local emergency number when immediate help may be needed. In the United States, call or text 988 for a suicide or mental-health crisis.
AI and automated output. Some features use artificial intelligence, algorithms, or other automated methods. Their output may be inaccurate, incomplete, outdated, inconsistent, or unsuitable for you. Output is not guaranteed to identify every risk, interaction, contraindication, deficiency, or appropriate course of action. Independently verify important information with reliable sources and a qualified professional.
Supplements and third-party products. Dietary supplements can cause side effects and interact with medications, other supplements, foods, tests, and health conditions. Evely does not manufacture or control third-party products and does not warrant their identity, ingredients, purity, quality, labeling, safety, effectiveness, availability, or regulatory status. Review the current product label and consult a qualified professional before use.
Your information and decisions. Results depend on the completeness and accuracy of information you provide or connect, including medications, supplements, allergies, symptoms, diagnoses, pregnancy status, laboratory results, and wearable data. Third-party and user-provided data can be delayed or wrong. You remain responsible for your decisions and for seeking professional care. Outcomes are not guaranteed.
Our Privacy Policy explains our general data practices. Additional notices or consents may apply to consumer health data or particular features. Those notices and consents work with these Terms and will control for the data practice or activity they cover. Do not submit information you are not authorized to provide.
Subject to these Terms, Evely grants you a limited, personal, nonexclusive, nontransferable, revocable license to use the Services for lawful, noncommercial purposes. Evely and its licensors own the Services, including software, designs, text, graphics, models, reports, compilations, trademarks, and other content, except for content you provide and third-party materials.
You retain ownership of content you submit. You grant Evely a worldwide, nonexclusive, royalty-free license to host, copy, process, display, and otherwise use that content only as reasonably necessary to provide, secure, maintain, support, and improve the Services and as described in our privacy notices. You represent that you have the rights needed to provide it. Feedback you voluntarily provide may be used without restriction or compensation.
You may not:
Evely may use third-party providers, including cloud hosting, analytics, communications, payment processing, wearable platforms, and AI providers, to operate and support the Services. The Services may connect to or contain information, integrations, links, products, or services provided by third parties. Their terms and privacy practices apply to them, and Evely is not responsible for their acts, omissions, availability, content, security, or products. A reference or link is not necessarily an endorsement. If Evely receives compensation from a recommendation or link, we will provide any disclosure required by law near the relevant content.
Charges. Prices, billing intervals, included features, and any additional purchase terms will be shown before you buy. You authorize Evely and its payment processors to charge your selected payment method, including applicable taxes. Except where prohibited, fees are stated in U.S. dollars.
Automatic renewal. If you purchase a subscription, it will automatically renew for the same interval at the then-current price until canceled. We will provide disclosures and notices required by law. You authorize recurring charges without further approval for each renewal.
Trials and promotions. A trial or promotional offer may convert to a paid subscription unless canceled before it ends, as disclosed when you enroll. Eligibility and terms may vary, and Evely may modify or end an offer as permitted by law.
Cancellation. You may cancel through the method stated at purchase or otherwise made available through the Services. You may also contact contact@evely.health for help. Cancellation stops future renewals and ordinarily takes effect at the end of the current paid period; access continues until then unless stated otherwise.
Refunds. Except as required by law or expressly stated at purchase, payments are nonrefundable and there are no prorated refunds for a partially used period. Evely may issue a refund or credit in its discretion; doing so once does not require us to do so again. If you purchase through an app store or other third party, its billing and refund rules may apply.
Price changes. We may change subscription prices by giving advance notice required by law. A change applies no earlier than your next renewal after the notice period. You may cancel before the new price takes effect.
We may add, change, suspend, or discontinue features. We may suspend or terminate access if you violate these Terms, create risk or legal exposure, fail to pay, or if needed to protect the Services or others. You may stop using the Services at any time, subject to accrued payment obligations and the subscription rules above.
We may update these Terms. If a change is material, we will provide notice through the Services, by email, or as otherwise required by law. The updated Terms will identify their effective date. Continued use after they take effect means you accept them; if you do not, you must stop using the Services. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, liability limits, indemnity, and dispute terms.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUT AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EVELY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SAFETY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, PRODUCE A PARTICULAR RESULT, OR IDENTIFY EVERY HEALTH OR PRODUCT RISK. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE TERMS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, EVELY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA; OR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID EVELY FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE FORM OF ACTION AND ARE AN ESSENTIAL BASIS OF THE AGREEMENT. THEY DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
To the extent permitted by law, you will defend, indemnify, and hold harmless Evely and its affiliates, officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, and reasonable legal fees arising from your unlawful use of the Services, material breach of these Terms, content you provide in violation of these Terms or another person’s rights, or your violation of another person’s rights. Evely may control the defense and settlement of a covered claim, and you agree to cooperate. You will not settle a claim in a way that imposes liability or obligations on Evely without our written consent.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO GO TO COURT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Informal process. Before starting arbitration, either party must send a written notice describing the dispute and requested relief to contact@evely.health. The parties will try in good faith to resolve the dispute for 30 days after receipt. Any limitations period is tolled during that 30-day period.
Individual arbitration. Except for the exceptions below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by final and binding individual arbitration under the Federal Arbitration Act. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules then in effect. The arbitrator may award the same individual remedies a court could award. Judgment on the award may be entered in a court with jurisdiction.
Location and fees. The arbitration may occur by video, telephone, documents, or in person as permitted by the AAA rules. Unless applicable law or the AAA rules require otherwise, any in-person hearing will occur in Miami-Dade County, Florida. Payment of filing, administration, and arbitrator fees will be governed by the AAA rules. Evely will not seek attorneys’ fees unless the arbitrator finds your claim frivolous or brought for an improper purpose.
Exceptions. Either party may bring an eligible individual claim in small-claims court. Either party may seek injunctive relief in court for actual or threatened infringement, misuse, or unauthorized access involving intellectual property, confidential information, or service security. Claims that applicable law says cannot be arbitrated may proceed in court.
YOU AND EVELY AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE CLAIMS OR PRESIDE OVER SUCH AN ACTION. TO THE EXTENT A CLAIM PROCEEDS IN COURT, YOU AND EVELY WAIVE A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Severability. If any part of this Section 12 is unenforceable, it will be severed and the rest will remain effective, except that if the class-action waiver is unenforceable as to a particular claim or request for relief, that portion will be decided by a court after any arbitrable portions are completed.
Governing law and venue. Florida law governs these Terms, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 12. For any dispute permitted to proceed in court, you and Evely consent to exclusive jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida, except where applicable consumer law requires otherwise.
Entire agreement. These Terms, any purchase terms, and policies expressly referenced here form the entire agreement about the Services and replace prior agreements on that subject. If specific purchase terms conflict with these Terms, the specific terms control for that purchase.
Assignment; waiver; severability. You may not assign these Terms without Evely’s written consent. Evely may assign them in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law. A failure to enforce a provision is not a waiver. If any provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain effective.
Contact. Questions, complaints, and legal notices may be sent to contact@evely.health.
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