TERMS OF USE

EverlyUs, operated by PassionByte Inc. ('Company', 'we', 'us', or 'our'), a corporation duly incorporated and existing under the laws of the State of Delaware, United States, having its office at 8 The Green STE R Dover, DE 19901.

We operate the website www.everlyus.com (the 'Site') as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can contact us by email at info@everlyus.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and EverlyUs, concerning your access to and use of the Services.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by <>, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

EverlyUs is an online marketplace platform operated by PassionByte Inc. that enables families, event hosts, and other users to discover, communicate with, and engage independent third-party vendors and service providers for events and related services.

EverlyUs does not provide, perform, manage, supervise, or control any event services, products, or vendor offerings listed on or accessed through the Services. All vendors available through the Services are independent businesses or individuals and are not employees, agents, partners, joint venturers, representatives, or subcontractors of EverlyUs.

Any agreement for products or services is entered into directly between the user and the applicable vendor. EverlyUs is not a party to, and assumes no responsibility or liability for, any contract, transaction, communication, dispute, representation, warranty, service level commitment, cancellation, refund obligation, or other arrangement between users and vendors.

While EverlyUs may provide tools to facilitate vendor discovery, communication, scheduling, booking, and payment processing, EverlyUs does not endorse, guarantee, warrant, or verify the quality, suitability, legality, safety, availability, pricing, accuracy, timeliness, performance, or completion of any vendor's services or products.

Users are solely responsible for conducting their own due diligence before engaging any vendor and for reviewing and agreeing to the vendor's terms, pricing, policies, and service commitments. Any dispute, claim, or issue arising out of a vendor's services, products, conduct, performance, non-performance, or fees must be resolved directly between the user and the applicable vendor.

We recommend that you print a copy of these Legal Terms for your records.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password, including any activity that occurs through your account whether or not authorised by you. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, offensive, or otherwise in violation of these Terms.

We accept Visa, Mastercard, American Express, Discover, and PayPal. Available payment methods may vary by product type and may be updated with notice.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Applicable sales tax will be added at checkout in accordance with state and local tax laws. We may change prices at any time. All payments shall be in US dollars. Prices are displayed and confirmed at checkout before any charge is made.

Price changes apply to new purchases only — not orders already placed.

You agree to pay all charges at the prices then in effect for your purchases and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

Digital invitations are delivered electronically to the email address associated with your account within agreed timelines of purchase confirmation. Downloads are available for 30 days after purchase or timelines provided at the time of purchase. If you experience a delivery issue, contact us within 7 days at info@everlyus.com.

Digital invitation purchases are final once the file has been delivered or downloaded. If a technical issue prevents access to your purchase, contact us within 7 days and we will resolve it.

We reserve the right to refuse or cancel orders in cases of pricing errors or suspected fraudulent activity.

Creating and maintaining a family account on EverlyUs is currently provided free of charge. Users are not required to pay any subscription, membership, or recurring access fees to create an account or use the core features of the platform.

The Company reserves the right, at its sole discretion, to introduce, modify, discontinue, or charge fees for certain features, services, premium offerings, or subscription plans in the future. In the event any paid services are introduced, the applicable fees, billing terms, and payment conditions will be clearly communicated to users in advance and will apply only upon the user's voluntary enrollment in such paid services. Your payment method will not be charged unless and until you agree to use a paid feature.

Convenience fees charged by EverlyUs in connection with vendor bookings are non-refundable once a booking is confirmed, regardless of whether the booking is subsequently cancelled or modified by either party.

Digital invitation purchases are non-refundable once the file has been delivered or downloaded. If a technical issue prevents you from accessing a purchased digital invitation, contact us at info@everlyus.com within 7 days of purchase and we will resolve it at no additional charge.

All fees are exclusive of any applicable taxes, duties, levies, or governmental charges, which shall be the responsibility of the user and will be added at checkout in accordance with applicable law.

You may not access or use the Services for any purpose other than connecting with vendors and purchasing products available through the platform. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit malicious code, viruses, or any content designed to disrupt or damage the platform or other users’ experience.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the platform, its services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue generating endeavour or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your account.

Please review the "Intellectual Property Rights" section and the "Prohibited Activities" section carefully prior to using our Services to understand the rights you give us and the obligations you have when you post or upload any content through the Services. This includes any input, feedback, reviews, ratings, or other material you provide in connection with the platform.

When you post Contributions, you grant us a licence to use your Contributions in the manner described in the "Intellectual Property Rights" section. This licence is unconditional, worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free, and fully paid.

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

As part of the functionality of the Services, you may link your account with online accounts maintained by third-party service providers (each, a “Third-Party Account”) by either: (i) providing your Third-Party Account login credentials through the Services; or (ii) authorizing us to access your Third-Party Account as permitted under the applicable terms governing such Third-Party Account.

You represent and warrant that you are authorized to provide us with your Third-Party Account credentials and/or grant us access to your Third-Party Account like linking with Google and Facebook without violating any agreement governing your use of such Third-Party Account. By linking a Third-Party Account, you acknowledge and agree that we may access, retrieve, and make available certain information, content, and materials that you have provided to and stored within such Third-Party Account (“Social Network Content”), to the extent authorized by you and permitted by the applicable third-party service provider. Such content may be displayed and used in connection with the Services.

Depending on the Third-Party Accounts you connect and the privacy settings you maintain with those providers, certain information associated with your Third-Party Accounts may be accessible through the Services. You acknowledge that the availability of such information is subject to the policies and functionality of the applicable third-party service provider.

Linking a Third-Party Account does not change how EverlyUs collects, uses, or stores your personal information. Our Privacy Policy governs all personal data we receive through linked accounts.

If a Third-Party Account or related service becomes unavailable, or if our access is revoked or terminated by the applicable third-party provider, some or all Social Network Content may no longer be available through the Services.

You may disconnect a Third-Party Account from the Services at any time through your account settings or by contacting us. Upon disconnection, we will use commercially reasonable efforts to delete information obtained through the Third-Party Account that is no longer necessary for the operation of your account, subject to our legal obligations, data retention policies, and any information that has become independently associated with your account profile.

Your relationship with any third-party service provider is governed solely by your agreements with such third-party service provider. We do not review, monitor, or verify social network content for accuracy, legality, or non-infringement and disclaim all responsibility for such content.

EverlyUs offers vendors the opportunity to appear as featured or promoted listings within the platform. Featured placements are paid and may appear in search results, category pages, or curated recommendation sections.

All featured vendor listings are clearly labeled as "Featured," "Promoted," or "Sponsored" so you always know when a listing has been paid for. Paid placement does not affect a vendor's quality rating, client reviews, or standing within the EverlyUs community — it affects visibility only.

EverlyUs does not accept advertising from businesses outside its vendor network. All promoted listings are vendors who have been reviewed for cultural alignment and professional standards consistent with our platform requirements.

We are not responsible for the accuracy of vendor-submitted content within promoted listings. As with all vendors on EverlyUs, featured vendors are independent businesses — their agreements are with you directly, not with EverlyUs.

EverlyUs may display content from advertisers and sponsors in connection with the Services. Advertiser content is provided by third parties and is not endorsed by EverlyUs unless explicitly stated. We do not guarantee the accuracy, completeness, or quality of advertiser content, nor do we assume responsibility for any transactions or interactions resulting from advertiser content.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. Please review our Privacy Policy: everlyus.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Privacy Policy is a separate document — we encourage you to read it in full as it explains how we collect, use, and protect your personal information, including the cultural and event preference data you share with us to help match you with vendors.

Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, at our sole discretion. Where we close your account for a Terms violation, we will make reasonable efforts to notify you of the reason and give you 7 days to log in and retrieve your event details, saved vendor information, and any purchased digital products before the account is closed. For accounts closed due to fraud, harassment, illegal activity, or serious misconduct, termination is immediate and no retrieval window applies. If we terminate or suspend your account for any reason, you may not re-register without our prior written permission. If you chose to close your own account, you are welcome to create a new account at any time. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service offered by vendors through the platform. EverlyUs cannot and does not represent or warrant that any vendor is licensed, qualified, insured, or capable of performing any product or service, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any vendor, or the suitability, reliability, or accuracy of the services they provide. We will not be a party to or in any way be responsible for any transaction between you and any vendor. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

To the maximum extent permitted by applicable law, EverlyUs, PassionByte Inc., and their respective directors, officers, employees, affiliates, agents, contractors, and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, business opportunities, goodwill, data, or other intangible losses, arising out of or relating to your use of, or inability to use, the Services, even if advised of the possibility of such damages.

EverlyUs provides a platform that facilitates connections between users and independent third-party vendors. Any booking fees, service fees, or other payments collected by EverlyUs on behalf of a vendor are processed and remitted to the applicable vendor. EverlyUs does not control, hold, or assume responsibility for the performance of vendor services and shall not be liable for any acts, omissions, products, services, payments, refunds, cancellations, delays, misrepresentations, or disputes arising between a user and a vendor. Any claim relating to a vendor's services or fees shall be resolved directly between the user and the applicable vendor.

If you have a dispute with any vendor or other user of the platform, you agree that EverlyUs is under no obligation to become involved. To the fullest extent permitted by law, you release EverlyUs and its officers, directors, employees, and agents from any and all claims, losses, damages, liabilities, costs, and expenses of every kind arising out of or in any way related to such disputes.

To the maximum extent permitted by law, the total aggregate liability of EverlyUs, PassionByte Inc., and their affiliates arising out of or related to the Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the greater of: (a) the total convenience fees and digital invitation purchase fees actually paid directly to EverlyUs by you during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred United States dollars (US$100).

EverlyUs has no liability and will make no refund in the event of any cancellation, delay, force majeure, or other causes beyond its direct control.

Nothing in these terms shall limit or exclude liability to the extent such limitation or exclusion is prohibited by applicable law. Some jurisdictions do not allow certain limitations of liability or the exclusion of certain damages, and accordingly, some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We maintain certain information that you submit to the Services for the purpose of providing, operating, improving, and managing the Services. We also maintain information relating to your use of the Services in accordance with our Privacy Policy and applicable laws.

While we perform regular backups and maintain reasonable administrative, technical, and organizational measures designed to protect your information, no method of electronic storage or transmission is completely secure or error-free. Accordingly, we recommend that you maintain your own copies of important event information, communications, vendor details, contracts, and other records that are important to you.

In the event of any loss, corruption, unavailability, or inadvertent deletion of data, our liability shall be limited to the extent set forth in Section 21 (Limitations of Liability) of these Terms.

By using EverlyUs, you agree that we may communicate with you electronically — by email, through the platform, or by posting notices on our website — and that these communications satisfy any legal requirement that notices be in writing. Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

EverlyUs (operated by PassionByte Inc.)

Email: info@everlyus.com