Terms of service

Effective Date: October 21, 2025

Incorporated Policies

These Terms and Conditions incorporate our Privacy Policy, which forms part of this Agreement. By using the Website, you agree to be bound by the obligations contained in the Privacy Policy.

Should you have any difficulty understanding any of the language used in these Terms and Conditions or our Privacy Policy, please do not hesitate to reach out to us for clarity. You may email us at info@theevolvedco.com or use postal mail: The Evolved Co., Attn: Legal Department, 7601 Boulevard 26 Unit i1, North Richland Hills, TX 76180. For those who do not reach out for clarity, we will assume you have read, understand, and agree to all items relevant to you.

---

Using the Website

Eligibility

By downloading, accessing, or using the Website, you represent that:

• You are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater.
• You are a resident of the United States of America.
• You agree to these TOS.

The Website, its contents (including information about the Products), and the Products are intended for use only by U.S. residents.

Compliance

You shall abide by all applicable federal, state, and local laws and regulations with respect to your use of the Website, and you shall provide only true, accurate, current, and complete information (and updates thereto) when submitting information to The Evolved Co. You shall only use the Website as permitted by this Agreement.

Prohibited Conduct

In your use of the Website and/or the Products, you shall not:

• Infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party, including but not limited to The Evolved Co.
• Defame, abuse, harass, stalk any individual, or disrupt or interfere with the Website or any websites linked to the Website.
• Interfere with or damage the Website, including, without limitation, using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology.
• Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website.
• Harvest or scrape any content from the Website.
• Attempt to use another user's account, impersonate another person or entity, or misrepresent your affiliation with a person or entity.
• Attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access.
• Engage, directly or indirectly, in transmitting any type of uninvited solicitation.
• Collect, manually or through an automatic process, information about other users.
• Use any meta tags or any other "hidden text" using The Evolved Co. name, trademarks, or product names.
• Advertise, offer to sell, or sell any goods or services, unless you receive our prior written consent.
• Engage in any activity that interferes with any third party's ability to use or enjoy the Website or the Products.
• Assist any third party in engaging in any activity prohibited by these TOS.
• Deep link to portions of the Website, or frame, inline link, or similarly display any of our property, including, without limitation, the Website, or reverse engineer any of the technology used to provide the Products.
• Otherwise take any action in violation of our guidelines and policies.

License and Restrictions

Subject to the terms and conditions of eligibility and compliance asserted above, you are hereby granted a limited, non-exclusive, non-transferable, non-assignable, royalty-free, and revocable right to access, view, and use the content and materials on the Website for the purpose for which they were intended.

You may not use any third-party intellectual property without the express written permission of the applicable third party. These TOS confer no rights to any intellectual property. You shall have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense from materials or content available on the Website, except as expressly set forth in these TOS. The Evolved Co. may immediately—and without notice to you—suspend or terminate your access to the Website. Following termination, you shall not be permitted to use the Website and we may, in our discretion, cancel any orders for Products.

Intellectual Property Rights

All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof and/or "look and feel" of such material, information about the Products, copyrightable material, trademarks, logos, and service marks are either owned by us, our suppliers, licensors, or other companies. All right, title, and interest in and to the Website and its content are the property of The Evolved Co., its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent, or other intellectual property rights and laws to the fullest extent possible.

By using the Website, you shall not obtain any ownership of the intellectual property or other property or corporeal interests in any item or content on the Website. You shall not use any of these materials including but not limited to trademarks, trade dress, trade names, or copy without our prior express written consent. You may not use any content or imagery on the Website to engage in activity that would be actionable under the Federal Lanham Act or under false advertising, consumer protection, unfair competition, deceptive trade practices, or any other similar statute or common law principle, nor at variance with the Federal Trade Commission regulations prohibiting false, misleading, deceptive, or unfair advertising practices.

Third Party Websites

The Website may contain links to other websites that are owned and operated by third parties. We do so in an effort to provide helpful resources and information that may be of interest. However, we do not control the information, products, or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the website or its content, and we expressly disclaim all responsibility, and provide no warranty, for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on third-party websites, even if those websites are hyperlinked from this Website.

---

The Evolved Co. Mobile Messaging Program

The Evolved Co. ("Company") has offered to provide you ("you"), and you have agreed to accept and use, a mobile alert program (the "Program"), subject to these Mobile Terms and Conditions (the "Terms"). SMS consent is not a condition of purchase. Text messages may be sent using an automatic telephone dialing system. By using the Program, you agree to be bound by these Terms. If you do not wish to continue using the Program, you can reply "STOP" to any mobile message you receive from the Company and your access to the Program shall be discontinued; provided, however, that the Terms shall continue to apply to any usage of the Program by you that predates your election to discontinue using the Program.

Canceling the SMS Service

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Help and Support

If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more assistance, or you can get help directly at info@theevolvedco.com.

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Message and Data Rates

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Message Types

Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, subscription notifications, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). Message frequency varies.

If you have any questions regarding privacy, please read our Privacy Policy.

Purchasing Items on the Website

All transactions made through the Website are subject to our acceptance, in our sole discretion. We may refuse to accept or may cancel any transaction, whether the transaction has been confirmed, for any reason or no reason, in our sole discretion, and without liability to you or any third party. If payment has already been made and your order is canceled or limited, The Evolved Co. will refund any payment you made for the Product that will not be shipped due to cancellation or limitation of an order and will be in the same tender as the original purchase.

Payment must be received by The Evolved Co. prior to The Evolved Co.'s acceptance of an order, unless otherwise agreed by The Evolved Co. The Evolved Co. expressly conditions its acceptance of your order on your agreement to these TOS. By ordering Products through the Website, you agree to provide only true, accurate, current, and complete information. The Evolved Co. reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the Website without incurring any obligation to you. Prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website, but we reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions. If you purchase any Products on the Website, you shall be responsible for paying any applicable sales tax.

We reserve the right, but undertake no obligation, to monitor for, report, and prosecute actual and suspected fraud on the Website. We may, in our discretion, require further authorization from you such as a telephone or messaging confirmation of your order or request additional information to process your order. We reserve the right to cancel, delay, refuse to ship, or recall from the transit carrier any order if fraud is suspected. We also reserve the right, but undertake no obligation, to submit all records to law enforcement agencies and to third parties, including payment card companies and banks, for investigation into suspected fraud. We reserve the right to cooperate with authorities and third parties to fully prosecute offenders of the law.

Unless otherwise authorized by The Evolved Co. in writing, all purchases on the Website are for your personal, non-commercial use. Personal use may include gifts of The Evolved Co. products to family, friends, or colleagues but in no case, except with The Evolved Co.'s written authorization, shall it include a resale thereof. Any unauthorized resale or commercial use of any Products is expressly prohibited.

Subscription Program

The Evolved Co. Products may be available to be purchased as subscription plans of various durations, however nothing herein obligates The Evolved Co. to offer a subscription plan on any given Product. If you purchase a subscription of any Product, you will be enrolled in our subscription program, and your subscription will be automatically renewed at the end of each subscription period, unless you change your subscription or inform us that you do not wish to renew the subscription.

At the time of automatic renewal, you will automatically be charged the applicable price to the payment card you provided, or the last payment card provided by you, until you cancel.

To cancel your subscription at any time, use the "My Account" link found on The Evolved Co. website, email us at info@theevolvedco.com, or call us at least 1 business day prior to the renewal date.

User-Generated Content

If you post or submit any content to the Website, including reviews, comments, or other materials ("User-Generated Content"), you grant us a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, and display such content in any media. You represent and warrant that you own or have the necessary rights to your User-Generated Content and that it does not violate any third-party rights or applicable laws.

Disclaimers, Exclusions, and Limitations

Your Agreement

You acknowledge that by using the Website from this point forward that you have read, understood, and agree to the Terms & Conditions described herein including the Privacy Policy. For the avoidance of doubt, you acknowledge and agree that you are entering into a legally binding contract.

Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. These TOS and all your rights and obligations under them shall not be assignable or transferable by you without our prior written consent. No failure or delay by a Party in exercising any right, power, or privilege under these TOS shall operate as a waiver thereof. The invalidity or unenforceability of any provision of these TOS shall not affect the validity or enforceability of any other provision of these TOS, all of which shall remain in full force and effect.

All disputes arising out of or relating to this Agreement (including its formation, performance, or alleged breach), your use of the Website, or your purchase or use of the Products ("Dispute") shall be submitted to confidential arbitration in Texas with a single arbitrator from either The American Arbitration Association ("AAA") or JAMS and shall be governed exclusively by the laws of the State of Texas and utilizing the procedures of the arbitration venue. The Evolved Co. does not wish to place an undue burden on any party that believes it has been aggrieved. Toward that end, should the Texas arbitration venue foreclose redress or remedy, or propose a severe hardship upon the complainant, The Evolved Co. will agree to a more convenient location and/or a telephonic venue.

If a Dispute arises under this Agreement, you agree to first contact us at info@theevolvedco.com and afford us the opportunity to address your concerns. You and The Evolved Co. shall have thirty (30) days or for a duration set mutually by the parties to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that all Disputes shall be submitted to final and binding arbitration as described above.

Either you or The Evolved Co. may commence the arbitration process by submitting a written demand for arbitration and providing a copy to the other party. The Evolved Co. will pay all the filing costs. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The arbitrator's award shall be binding and may be entered as a judgment in any court with subject matter jurisdiction.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Texas:

• Any dispute, controversy, or claim relating to or contesting the validity of The Evolved Co.'s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets.
• An action by The Evolved Co. for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief.
• Any legal action by The Evolved Co. against a non-consumer.
• Interactions with governmental and regulatory authorities.

You shall have thirty (30) days from the earlier of the date that you visit the Website or submit information to us or purchase a Product through the Website to opt-out of this arbitration agreement, by contacting us in writing at info@theevolvedco.com. If you do not opt out within thirty (30) days from the earlier of the date that you visit the Website or the date you purchase a Product or submit information to us through the Website, then you are not eligible to opt-out of this arbitration agreement.

Contact Us

Copyright © 2025 The Evolved Co. All rights reserve