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Terms of Use and EULA

ReefToolkit Terms of Use and End-User License Agreement (EULA)

Effective Date: November 01, 2025 Last Updated: November 12, 2025 Controller: Evolion, LLC (and its affiliate, Evolion Research Inc.) Contact: [email protected]

By downloading, installing, or using ReefToolkit (the "App"), you agree to be bound by these Terms of Use and End-User License Agreement (collectively, the "Terms"). If you do not agree, do not use the App.

These Terms are a legal agreement between you and Evolion, LLC and/or Evolion Research Inc. ("Evolion," "we," "us," or "our") and govern your use of the App.

1. Acknowledgement (Relationship with Apple)

You acknowledge and agree that:

  • These Terms are concluded only between you and Evolion, not with Apple Inc. ("Apple").

  • Evolion, not Apple, is solely responsible for the App and its content.

  • These Terms do not modify or conflict with the Apple Media Services Terms and Conditions, which you may also be subject to.

2. Scope of License

Subject to your compliance with these Terms, Evolion grants you a limited, non-exclusive, non-transferable, non-sublicensable license to:

  • Download and use the App on any Apple-branded products that you own or control, and

  • Use the App as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, including use via Family Sharing or volume purchasing where applicable.

The App is licensed, not sold. All rights not expressly granted to you are reserved by Evolion.

3. Lawful Use

You agree to use the App only for lawful purposes and in compliance with all applicable laws, regulations, and industry standards. You may not use the App to:

  • Engage in, promote, or assist any activity that is unlawful, abusive, harmful, or fraudulent, or

  • Interfere with, disrupt, or damage the operation of the App, our servers, or other users' experience.

4. Maintenance and Support

You acknowledge and agree that:

  • Evolion is solely responsible for providing any maintenance and support services for the App, as required under these Terms or under applicable law.

  • Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

5. Warranties and Disclaimers

The App is provided “as is” and “as available”. To the maximum extent permitted by applicable law:

  • Evolion makes no warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, or reliability.

  • You assume full responsibility for your use of the App and any data you input, upload, or generate.

If any warranty is not effectively disclaimed under applicable law, then:

  • In the event of any failure of the App to conform to any such applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the App.

  • To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be Evolion’s sole responsibility.

6. Limitation of Liability

To the fullest extent permitted by law, Evolion, LLC and Evolion Research Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use or inability to use the App, including but not limited to:

  • Data loss or corruption

  • Device malfunction or damage

  • Loss of revenue, profit, or business

  • Any other financial or non-financial loss

Your sole and exclusive remedy for dissatisfaction with the App is to stop using it and, if applicable, to uninstall it.

These limitations apply whether the claims are based on warranty, contract, tort (including negligence), or any other legal theory, and even if we have been advised of the possibility of such damages, except where prohibited by applicable law. The EULA does not limit your rights beyond what is permitted by law.

7. Product Claims

You and Evolion acknowledge that Evolion, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to:

  • Product liability claims

  • Claims that the App fails to conform to any applicable legal or regulatory requirement

  • Claims arising under consumer protection, privacy, or similar legislation (including any related to the App’s use of device frameworks or APIs)

8. User Responsibility

You are solely responsible for:

  • The content, information, and data you upload, enter, or share through the App, and

  • Ensuring that your use of the App complies with all applicable privacy, data protection, and content laws in your jurisdiction.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

9. Intellectual Property and IP Claims

All intellectual property rights in the App, including its name, logo, content, design, user interface, and software, are owned or licensed by Evolion, LLC and/or Evolion Research Inc. or their licensors.

You may not:

  • Reproduce, modify, adapt, translate, distribute, or create derivative works from the App

  • Reverse engineer, decompile, or disassemble the App, except where such restrictions are prohibited by law

  • Remove or alter any proprietary notices or trademarks in the App

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Evolion, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

10. Payments and Subscriptions

If you purchase premium features or auto-renewable subscriptions through the Apple App Store (or other platforms, such as Google Play or Stripe, where applicable):

  • You agree to the payment terms, billing cycles, and refund policies of the respective platform.

  • Prices, subscription lengths, and renewal terms will be disclosed in the App and/or on the platform's purchase screen.

  • We do not store your payment information directly; payments are processed by Apple or other third-party providers.

Auto-renewable subscriptions will renew automatically unless canceled in accordance with the platform's subscription management rules.

11. Legal Compliance and Export Control

You represent and warrant that:

  1. You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and

  2. You are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the App.

12. Third-Party Terms of Agreement

When using the App, you must comply with all applicable third-party terms of agreement. For example:

  • If you use a VoIP or data-heavy feature, you must not violate your wireless data service agreement or any limitations imposed by your internet service provider.

  • If the App interacts with third-party services (e.g., cloud storage, analytics, payment providers), you must comply with those services’ terms and policies as well.

13. Termination

We may suspend or terminate your access to the App, or any portion thereof, at any time if:

  • You violate these Terms, or

  • Your use is harmful to other users, the App, Evolion’s operations, or our infrastructure.

You may stop using the App and, where applicable, delete your account and uninstall the App at any time. Termination will not relieve you of any obligations incurred or liability arising prior to the effective date of termination.

14. Changes to the Service and Terms

We may modify, suspend, or discontinue parts or all of the App at any time. We may also update these Terms from time to time.

  • Updated Terms will be made available in the App and/or on our website.

  • Your continued use of the App after the updated Terms become effective will constitute your acceptance of the updated Terms.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law rules.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16. Developer Information and Contact

The App is provided by:

Evolion, LLC 2261 Market Street STE 86892 San Francisco, CA 94114-1612 United States

Email: [email protected] Phone: +1 415-787-9922

If you have any questions, complaints, or claims regarding the App or these Terms, please contact us using the information above.

17. Third-Party Beneficiary (Apple)

You and Evolion acknowledge and agree that:

  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to the App; and

  • Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

18. Trademarks and Brand Notices

All product names, company names, logos, and trademarks mentioned in the App or its documentation are the property of their respective owners.

“ReefToolkit” and the “Evolion” name and logo are trademarks of Evolion, LLC and/or Evolion Research Inc.

References to third-party brands (including but not limited to Apple®, Google®, Microsoft®, Amazon®, Stripe®, OpenAI®, and Cloudflare®) are for identification purposes only and do not imply endorsement or affiliation.