EVO ADU

Terms of Service

Last updated: February 4, 2026

Please read these Terms of Service (the "Terms") along with our Privacy Policy carefully, as they govern your use of the website located at www.evoadu.com (the "Site") and the services we offer through it, including the ability to customize and reserve an accessory dwelling unit ("EVO ADU"). These are provided by Evolumetric Inc. ("EVO ADU," "we," "our," or "us"). The Site and all related services are collectively referred to as the "Services."

IMPORTANT NOTICE REGARDING ARBITRATION: BY ACCEPTING THESE TERMS, YOU AGREE (WITH LIMITED EXCEPTIONS) TO RESOLVE ANY DISPUTES WITH EVO ADU THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTION 15 ("DISPUTE RESOLUTION") FOR FULL DETAILS.

1. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Services.

2. Privacy Policy

Our Privacy Policy explains how we collect, use, and share your information and also governs your use of the Services.

3. Modifications

We reserve the right to update these Terms at any time at our sole discretion. When we do, we will post the revised Terms on the Site and may notify you through other channels. Continued use of the Services after changes are posted constitutes your acceptance. If you disagree with any updates, you should stop using the Services. We may also modify, suspend, or discontinue any part of the Services at any time without prior notice.

4. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services. To reserve an EVO ADU, you will need to create an account with accurate, complete, and up-to-date information about yourself and your property. Failure to do so may result in account suspension or termination.

5. Feedback

We welcome your feedback, ideas, and suggestions regarding our Services. By submitting feedback, you grant us the unrestricted right to use it without obligation or compensation to you.

6. Intellectual Property

All rights in the Services and related content (including images of EVO ADU products) are exclusively owned by us. The Services and content are protected by copyright, trademark, and other intellectual property laws. You agree not to remove, obscure, or alter any proprietary notices within the Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.

7. Reserving Your EVO ADU

To reserve your EVO ADU, you agree to pay a deposit. Your reservation constitutes an offer to purchase. Following your deposit, we will evaluate your property based on the information you provide. If we determine installation is not feasible, your deposit will be refunded. If your property meets our criteria, we will conduct a site visit and, upon approval, provide a proposal including a Purchase Order and Construction Contract for your signature. Any purchase is contingent upon financing approval and the terms of those agreements.

a. Payments

When placing a reservation, you authorize us (or our designated payment processor) to charge the deposit amount (a "Transaction"). We may request additional details such as your credit card number, expiration date, and billing address ("Payment Information"). You authorize us to share this information with third parties to process the Transaction. By completing a Transaction, you accept the applicable pricing, billing, and payment terms. All payments are in U.S. dollars and are non-refundable and non-transferable except as stated in these Terms.

b. Deposit Cancellation

You may cancel your deposit for a full refund at any point prior to signing the Purchase Order and Construction Contract.

8. Prohibited Conduct

You agree not to:

  • Mirror, frame, or reproduce the Services, EVO ADU trademarks, or page layouts without written consent
  • Access non-public areas of the Services or our technical infrastructure
  • Probe, scan, or test the vulnerability of our systems or bypass security measures
  • Circumvent any technological protections implemented by us or our providers
  • Use automated tools (bots, spiders, crawlers) to access or scrape the Services beyond what is available through standard web browsers
  • Use hidden metadata, meta tags, or text incorporating EVO ADU trademarks without consent
  • Use the Services for unauthorized commercial purposes
  • Interfere with the proper functioning of the Services or other users' access
  • Attempt to decipher, decompile, or reverse-engineer any software used in the Services
  • Collect or harvest personal information from other users without authorization
  • Impersonate any person or entity or misrepresent your affiliation
  • Violate any applicable law, regulation, or these Terms

We reserve the right to investigate violations and take appropriate action, including suspending or terminating your access and reporting conduct to law enforcement.

9. Third-Party Services

The Services may include links or integrations with third-party websites, services, or content that we do not control. We are not responsible for third-party practices and encourage you to review their terms and privacy policies independently.

10. Termination

We may suspend or terminate your access to the Services at our discretion, with or without notice, for any reason including a breach of these Terms. Upon termination, your right to use the Services ceases immediately.

11. Indemnification

You agree to indemnify and hold harmless EVO ADU, its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Services, your violation of these Terms, or your infringement of any rights of others.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVO ADU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES, OR ONE HUNDRED DOLLARS ($100) IF NO PAYMENTS HAVE BEEN MADE.

14. Governing Law

These Terms are governed by the Federal Arbitration Act and the laws of the State of California, without regard to conflict of law principles. Unless otherwise required by the Dispute Resolution section below, any legal proceedings shall be brought exclusively in state or federal courts in Riverside County, California.

15. Dispute Resolution

a. Mandatory Arbitration

Both parties agree that any dispute, claim, or controversy arising from these Terms or the Services ("Disputes") will be resolved exclusively through binding individual arbitration, not through class actions or consolidated proceedings. Both parties waive the right to a jury trial or participation in a class action. This provision survives termination of these Terms.

b. Exceptions

Either party may seek resolution in small claims court if the Dispute qualifies. Both parties retain the right to seek injunctive or equitable relief in court to protect intellectual property rights.

c. Arbitration Procedure

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. Hearings will take place in the county where you reside, unless both parties agree to an alternative location. The arbitrator has exclusive authority over all issues of interpretation and enforceability of this arbitration agreement.

d. Costs

Filing, administrative, and arbitrator fees are governed by AAA Rules. We will not seek to recover administration fees unless the arbitrator deems the Dispute frivolous. If we prevail, we will bear our own legal costs. If you prevail, you may be entitled to attorneys' fees as provided by applicable law.

e. Relief

The arbitrator may award declaratory or injunctive relief only on an individual basis and only as warranted by the individual claim. Claims for public injunctive relief must be litigated in court and will be stayed pending the arbitration outcome.

f. Class Action Waiver

BOTH PARTIES AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY SERVE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over class proceedings. If this waiver is found unenforceable, the entire Dispute Resolution section is void.

g. Severability

If any provision of Section 15 (except the Class Action Waiver) is found invalid, the remaining provisions continue in full effect.

16. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy, constitute the complete agreement between you and EVO ADU regarding the Services, superseding all prior understandings. If any provision is held unenforceable, it will be enforced to the maximum extent permitted, and the remainder of these Terms will remain in effect.

Assignment. You may not assign these Terms without our prior written consent. We may freely assign or transfer these Terms without restriction.

Notices. We may deliver notices via email or by posting to the Services. Email notices are effective upon transmission.

Waiver. Our failure to enforce any provision does not constitute a waiver. Any waiver must be in writing and signed by an authorized representative.

17. Contact

For questions about these Terms or the Services, please reach us through the "Get in Touch" link on our website or email us at team@evolumetric.com.

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