TERMS OF SERVICE
Terms of Service
Terms governing access to and use of the Evolize digital-risk scanning and monitoring service.
- Document version
- 1.0
- Last updated
These Terms have not yet taken effect. Their final terms are being completed before they apply.
Acceptance of these terms
These Terms of Service (the "Terms") govern access to and use of Evolize's digital-risk scanning, monitoring, evidence, reporting, and related services, together with the Evolize website and any associated applications (together, the "Service"). The Service is operated by Evolize ("we", "us", or "our").
By accessing the Service, creating an account, submitting a website for scanning, or subscribing to a plan, you agree to be bound by these Terms. If you do not agree, do not use the Service.
Eligibility, authority, and your organization
The Service is intended for business and professional use. You must be at least 18 years old and able to form a legally binding contract to use it.
If you accept these Terms on behalf of a company or other organization, you represent that you are authorized to bind that organization to these Terms. That subscribing business is the "Customer". People the Customer invites to its account are "Authorized Users".
The Customer is responsible for its Authorized Users, for the permissions and roles it assigns to them, and for ensuring that its use of the Service complies with the laws that apply to it.
The Evolize service
Evolize inspects the publicly accessible surface of a website and reports reproducible technical and operational signals — such as accessibility, structural, and configuration issues — that may correspond to operational or legal exposure. Findings are captured with the evidence needed to reproduce and verify them, and can be monitored and re-verified over time.
Findings are diagnostic engineering observations that describe what was detected and how. They are not legal advice, an audit, a certification, or a warranty about the condition of your website, and they require contextual review. The scope of what the Service inspects is described on the Methodology page and may change as the Service develops.
Accounts and security
Some features require an account. You agree to provide accurate information, to keep your credentials confidential, and to be responsible for activity that occurs under your account.
Notify us promptly if you believe your account has been accessed without authorization. We are not liable for loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.
How websites may be scanned
Evolize evaluates externally observable website surfaces. Different capabilities apply depending on whether a website has been verified.
Public-surface scanning. Evolize may inspect publicly accessible website pages and interfaces, analyze technical signals that are available without authentication, generate limited public previews or risk indicators, and process a public URL that a user submits for the purpose of legitimate evaluation.
Claimed or verified websites. Access to functionality such as complete reports, continuous monitoring, historical findings, alerts, team collaboration, organization-level configuration, non-public or authenticated scanning, and remediation workflow features may require verification of control over the website or other appropriate authorization.
Domain verification
To unlock functionality that requires operational control of a website, Evolize may require domain verification through one or more mechanisms. Depending on the case, these may include, for example:
- DNS record verification;
- uploading a verification file to the website;
- email-domain verification;
- administrative-account verification; or
- another reasonable method Evolize determines.
Domain verification establishes operational control for the purpose of granting product access. It is not a legal determination of ownership, and it does not resolve any dispute about who owns or controls a website.
Prohibited scanning and acceptable use
The Service is a diagnostic tool for evaluating publicly accessible surfaces. You must not use it to:
- bypass, circumvent, or defeat authentication or other access controls;
- attempt to exploit, alter, or gain privileged access to any system;
- test, guess, or submit credentials belonging to any party;
- disrupt, overload, or perform denial-of-service testing against any system;
- send excessive request volume or otherwise interfere with normal operation;
- harass, intimidate, or threaten any person or organization;
- identify targets for, or facilitate, unlawful activity;
- circumvent technical restrictions on a website or the Service;
- scan non-public or internal systems that you are not authorized to assess; or
- use the Service in violation of any applicable law.
The Service does not perform penetration testing, and it must not be used as an instrument to conduct or facilitate an attack. We may suspend or terminate access for conduct that violates this section.
Confidentiality of your findings
Evolize will not publicly disclose Customer-identifiable findings, screenshots, reports, scan history, monitoring activity, or account information, except:
- at the Customer's direction;
- with the Customer's permission;
- to subprocessors that provide the Service under obligations appropriate to the data;
- where required by law or lawful request; or
- in aggregated or de-identified form that does not reasonably identify the Customer.
Where an account belongs to an organization, other Authorized Users of that organization may be able to see the scans and findings associated with it, according to the roles the organization assigns.
Using your reports
As the Customer, you may use the reports Evolize generates for your websites. You may:
- download and reproduce reports for internal use;
- share reports with your employees and contractors;
- share findings with developers, agencies, and other service providers;
- share evidence with your legal, compliance, accessibility, security, or other professional advisers;
- copy findings into issue trackers and remediation systems; and
- retain reports for internal governance and recordkeeping.
Attribution is not required in routine internal remediation workflows. You may not:
- resell or redistribute Evolize outputs as a competing service;
- falsify or materially alter results in a misleading way;
- claim that Evolize has issued a legal certification;
- publicly republish substantial parts of the Evolize methodology;
- reverse engineer protected product logic; or
- remove attribution where it is technically included and its display is contextually appropriate.
Aggregated and de-identified data
Evolize may use aggregated or de-identified service data to operate and improve the Service — including scanner reliability, rule-quality measurement, performance and security monitoring, capacity planning, research, product improvement, and anonymized operational statistics. In doing so, Evolize:
- does not publicly reveal Customer domains through telemetry without permission;
- does not publicly expose identifiable findings or screenshots;
- does not attempt to re-identify properly de-identified data; and
- uses only aggregate or appropriately anonymized information in any operational telemetry shown on the Evolize website.
Public website data and scan evidence
To provide the Service, Evolize retrieves and analyzes publicly accessible content from the websites submitted to it and records evidence of what was detected, including the details needed to reproduce and verify each finding. How scan data and evidence are collected, stored, and retained is described in the Privacy Policy.
You are responsible for ensuring that your use of the Service, including submitting a website for analysis, is consistent with your own obligations to third parties.
Evolize intellectual property
The Service — including its software, methodology, scan engine, report formats, text, graphics, and the Evolize name and marks — is owned by Evolize or its licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose.
Except for the report rights described above and that limited right of use, no license or ownership is transferred to you.
Customer content and feedback
You retain ownership of the content you submit, including the domains you register for scanning. You grant Evolize the rights necessary to process that content in order to provide and improve the Service, consistent with the Privacy Policy.
If you send us feedback or suggestions, you grant Evolize a perpetual, royalty-free right to use them without restriction or obligation to you.
Third-party services
The Service relies on third-party providers, such as infrastructure and identity services, and may link to other third-party services. We are not responsible for the content, policies, or practices of third parties, and your use of a third-party service is governed by that party's terms. The providers Evolize uses to deliver the Service are disclosed in the Privacy Policy and on the Security page.
Subscriptions and billing
Evolize offers an initial scan preview at no charge. Full findings and continuous monitoring for a website are provided through a paid subscription billed per monitored website. Plans are available on a monthly or annual basis; current plans and prices are described on the Pricing page.
Subscriptions renew automatically for successive billing periods until cancelled. By subscribing, you authorize us or our payment processor to charge the applicable fees at the start of each billing period. Upgrades, downgrades, and any proration are applied according to the plan change you make; where a change increases coverage mid-period, the additional fees may be charged at that time.
If a payment fails, we may retry the charge and may suspend paid features until payment succeeds. Fees are stated exclusive of taxes, and applicable taxes may be calculated and added at checkout.
Except where required by law or expressly stated at the point of purchase, fees are non-refundable. We may change prices; for a change affecting an active subscription we will provide reasonable advance notice before it takes effect, and the change applies from your next billing period.
Enterprise coverage may be provided under a separate order form or agreement, which governs billing for that coverage.
Order of precedence
Where more than one of the following applies, they govern in this order of precedence, to the extent of any conflict:
- a signed order form or enterprise agreement;
- a data processing addendum, for data-processing matters;
- these Terms;
- operational policies referenced in these Terms; then
- the marketing pages of the Evolize website.
Cancellation and changes to the Service
You may cancel a subscription at any time. Cancellation stops future renewals; unless required by law or stated otherwise at purchase, access to paid features continues until the end of the current billing period, after which monitoring of the associated website ends.
We may add, modify, or discontinue features of the Service. If we discontinue a paid feature you rely on in a material way, we will provide reasonable notice.
Service availability
We aim to keep the Service available and reliable, but we do not guarantee that it will be uninterrupted, timely, secure, or error-free. The Service may be unavailable during maintenance, updates, or events beyond our reasonable control. Any specific availability commitments will be set out in a separate agreement where offered.
No legal advice
Evolize is not a law firm and does not provide legal advice. Nothing in the Service, in any finding, report, score, or communication, constitutes legal advice or creates an attorney-client relationship. You should consult qualified legal counsel about your specific obligations and any decisions with legal consequences.
No guarantee of compliance
A scan does not certify that your website complies with any law, regulation, or standard. Automated analysis inspects a defined set of publicly observable signals at a point in time and cannot identify every issue that may exist. The absence of a finding does not mean an issue is absent, and the presence of a finding is not a determination of legal liability. Evolize cannot and does not guarantee that using the Service will prevent complaints, demands, claims, or litigation.
Disclaimer of warranties
Except where prohibited by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that findings are complete or error-free, or that the Service will meet your requirements. No advice or information obtained from the Service creates any warranty not expressly stated in these Terms.
Limitation of liability
To the maximum extent permitted by law, Evolize and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, arising out of or relating to your use of, or inability to use, the Service — including any claim, demand, or litigation brought against you by a third party.
To the maximum extent permitted by law, Evolize's total aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to Evolize for the Service in the twelve months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
Indemnification
You agree to indemnify and hold harmless Evolize and its personnel from and against claims, damages, liabilities, and reasonable expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, your submission of a website you were not authorized to submit, or your violation of the rights of any third party. Evolize will notify you of a claim subject to indemnification, and you will cooperate in its defense; Evolize may participate in the defense with its own counsel.
Suspension and termination
We may suspend or terminate access to the Service, in whole or in part, if you breach these Terms, if your use poses a risk to the Service or others, or as required by law. Where practical and lawful, we will give notice.
You may stop using the Service at any time. On termination, your right to use the Service ends. Provisions that by their nature should survive — including intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification — survive termination.
Changes to these terms
We may update these Terms from time to time. When we make material changes, we will update the effective date shown with these Terms and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Contact
Questions about these Terms can be directed to Evolize using the details below.
Additional contact routes are available on the Company page.