These Terms of Service ("Terms") govern your access to and use of Ever Works Cloud and the websites, applications and application programming interfaces we make available at ever.works (together, the "Service").
The Service is provided by Ever Technologies LTD, a company registered in Bulgaria under company number 204599535, with its registered office at Mladost 2, bl. 211, ent. A, Sofia 1799, Bulgaria ("we", "us", "our").
By creating an account, by accessing the Service, or by clicking to accept these Terms, you agree to be bound by them. If you are agreeing on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and "you" means that organisation.
If you do not agree to these Terms, you must not use the Service.
These Terms incorporate by reference our Privacy Policy, our Cookie Policy, our Acceptable Use Policy and our Refund Policy. Where you process personal data of your own users or personnel through the Service, our Data Processing Addendum also applies.
Definitions
These are the words we use throughout these Terms with a particular meaning. Everywhere else, words carry their ordinary meaning.
- Acceptable Use Policy (or AUP) — the rules on what may and may not be done with the Service. It is published with these Terms and forms part of them. Where the AUP changes, the version in force when you use the Service is the one that applies.
- Account — the credentialed identity through which you or an End User signs in to the Service.
- Beta Features — any part of the Service we describe as beta, preview, early access, experimental, pilot or similar, or make available for evaluation ahead of general release. They carry a weaker regime than the rest of the Service; the warranties and limitation of liability sections say how.
- Confidential Information — information one of us discloses to the other that is marked confidential, or that a reasonable person receiving it would understand to be confidential, including non-public technical, security, commercial and pricing information. Customer Data is always your Confidential Information.
- Customer (also you and your) — the person or organisation that has accepted these Terms and holds the Subscription. Where an individual accepts on behalf of an organisation, the Customer is that organisation and not the individual.
- Customer Data — everything you or your End Users submit to, store in, generate through or import into the Service: files, records, messages, configuration, and anything an integration you connect brings in. It does not include our own service logs, security telemetry or the aggregated statistics described in the Customer Data section.
- Data Processing Addendum (or DPA) — the terms on which we process Personal Data on your behalf. It applies automatically wherever you use the Service to handle personal data about other people, forms part of these Terms, and needs no separate signature.
- Documentation — the user guides, help articles, API references and technical descriptions we publish for the Service, as they stand when you use it. Marketing pages, roadmaps, benchmarks and statements made in sales conversations are not Documentation.
- End User — an individual you permit to use the Service under your Subscription: an employee, contractor, colleague, client or other person you invite into your Workspace.
- Fees — the amounts payable for the Service under your plan or Order, before taxes. Taxes are added where they apply.
- Order — the plan selection, checkout, order form or written quotation under which you subscribe, including the seats, usage limits, term and price it records.
- Personal Data — information relating to an identified or identifiable living person, as defined in the General Data Protection Regulation (Regulation (EU) 2016/679). Where another data protection law governs a particular processing operation, that law's equivalent definition applies to it.
- Service — as defined at the start of these Terms. Throughout, it means the hosted service we operate, and never any separately licensed source code you may obtain and run yourself.
- Sub-processor — a third party we engage to process Personal Data on your behalf so that we can deliver the Service. Our current sub-processors are published in our sub-processor list, and the DPA sets out how we notify you of changes and how you may object.
- Subscription — your right to use the Service for a stated term, at a stated plan level, within a stated number of seats or usage allowance.
- Workspace — the separate space in which your Customer Data is held and your End Users work. Depending on the product it may be presented as a workspace, an organisation, a team or a tenant. These Terms use Workspace for all of them.
How to read these Terms
- Headings exist for navigation. They do not limit or extend what a section says.
- "Including", "such as" and "for example" introduce examples. They never narrow the words in front of them.
- The singular includes the plural, and the other way round.
- A reference to our Privacy Policy, Cookie Policy, Acceptable Use Policy, Refund Policy or DPA means the version in force when you use the Service. How and when we change them is dealt with in the section on changes to these Terms.
- A reference to a law includes that law as amended, extended or replaced.
- "In writing" includes email. Where a notice may be given inside the Service, the notices section says so.
- If an Order, a product annex or the DPA says something different from these core terms, the precedence rules in the general section decide which one wins.
Who you contract with
Your contract for the Service is with Ever Technologies LTD, and with no one else.
- Registered in Bulgaria under company number 204599535
- Registered office: Mladost 2, bl. 211, ent. A, Sofia 1799, Bulgaria
- Legal notices and contract queries: [email protected]
Ever Technologies operates the Service, invoices you for it, holds your Subscription, and is the party responsible to you under these Terms. When these Terms say "we", "us" or "our", they mean Ever Technologies LTD. If you need to bring a claim about the Service, it is the company you bring it against, on the governing law and in the venue set out later in these Terms.
The company that owns the software is not your counterparty
The intellectual property in the Service is owned by a separate company, which is identified in the intellectual property section below and which licenses that property to Ever Technologies LTD. You do not contract with it. It is not a party to these Terms, it owes you nothing under them, it makes you no promise about the Service, and it does not handle the data you put into the Service. Everything you are owed in connection with the Service, you are owed by Ever Technologies LTD.
Separately licensed source code is not part of this contract
Some of the software behind the Service is published under an open-source licence. That code reaches you under its own licence, from its own publisher, on its own terms — not under this contract. These Terms neither grant you rights in that code nor take any away. The section on open-source software below explains exactly where the line falls and what follows from it if you run your own copy.
These Terms cover this product
These Terms govern ever.works and Ever Works Cloud. Other websites, products and services — including ones that share part of our branding, and ones operated by other companies — have their own terms, their own operator and their own privacy notice. Read the terms published on the site you are actually using.
Who may use the Service
Age
You must be at least 16 years old to hold an Account.
We know that Bulgaria sets the age at which a child can consent to an information-society service at 14, which is lower. We require 16 regardless. The Service is a tool for work, it is not designed for or directed at children, and we do not knowingly provide it to anyone under 16.
If we learn that an Account is held by someone under 16, we will close it and delete the associated personal data as described in our Privacy Policy. If you believe a child under 16 has an Account, tell us at [email protected].
Capacity
You must have the legal capacity to enter into a binding contract in the place where you live or where your organisation is established. If you do not, you must not accept these Terms.
Authority to bind an organisation
If you accept these Terms, or sign up, in the name of a company, partnership, public body or any other organisation, you confirm that:
- you are authorised to bind that organisation to these Terms;
- the organisation becomes the Customer, and "you" in these Terms means the organisation; and
- you have the authority to place Orders, incur Fees and appoint administrators on its behalf.
If it turns out you did not have that authority, you accept these Terms in your own name and are personally responsible for everything in them, including payment. We may ask for evidence of your authority at any time, and we may suspend an Account while we check.
If we have closed your Account before
You must not use the Service if we have previously terminated an Account held by you, or by an organisation you control, for breach of these Terms or the Acceptable Use Policy — unless we have agreed in writing that you may come back.
Opening a new Account to get around a closure is itself a breach, and we may close the new Account without notice and without refund.
Sanctions and restricted jurisdictions
You confirm, each time you use the Service, that you are not:
- located in, ordinarily resident in, or organised under the laws of a country or territory subject to comprehensive economic sanctions or a trade embargo imposed by the European Union, the United Nations, the United Kingdom or the United States;
- named on, or owned or controlled by anyone named on, a sanctions or restricted-party list maintained by any of those authorities; or
- acting for, or on behalf of, anyone in either of those categories.
Tell us immediately if that stops being true. We may suspend or terminate access without notice where we reasonably believe continuing to provide the Service would breach sanctions or export control law. The compliance section below sets out the wider obligations that go with this.
Accounts and workspace administration
Your Account
Give us accurate registration details and keep them current. An Account belongs to one named individual — do not share credentials, and do not let someone else use your Account. If a colleague needs access, add them as an End User.
Do not create Accounts by automated means, and do not register an Account using someone else's identity or an email address you are not entitled to use.
Account security is yours to keep
You are responsible for everything done through your Account and through the Accounts of your End Users, whether or not you authorised it, unless the cause was our own failure to keep the Service secure.
That means you need to:
- choose strong, unique credentials and keep them confidential;
- turn on multi-factor authentication where the Service offers it;
- revoke access, API keys and tokens when a person leaves or a device is lost; and
- keep the devices and email accounts used to reach the Service secure, because whoever controls the email address controls password recovery.
Tell us at [email protected] as soon as you suspect an Account has been compromised or credentials have leaked. We may reset credentials, revoke tokens or suspend an Account to contain a security problem, and we will tell you when we do.
The workspace administrator controls the Workspace
Every Workspace has one or more administrators, appointed by you. An administrator acts for you, and we act on an administrator's instructions without checking them against anyone else.
An administrator can, among other things:
- access, search, export and permanently delete anything in the Workspace — including content, messages and files created by End Users;
- add, suspend and remove End Users, and reset or take over their Accounts;
- change Workspace settings, including retention periods and which features are enabled;
- turn features on or off for particular people, including any features the product provides for recording or measuring how End Users work; and
- see usage and audit information about what End Users do in the Workspace.
If you are an End User rather than the Customer, this is the sentence that matters to you: the organisation that runs your Workspace can see what you put into it, can export it, can delete it, and can remove your access at any time. We cannot restore what an administrator deletes, and we cannot give you access an administrator has withdrawn.
An organisation may take administrative control of an Account
This one surprises people, so we would rather you read it here than discover it later.
If you registered an Account with an email address on a domain controlled by an organisation — typically your employer — or you join a Workspace that organisation runs, that organisation may claim administrative control of your Account.
If it does, and it can show us that it controls the domain or the Workspace, then:
- it becomes the Customer for that Account and these Terms apply between us and it;
- it can apply its own policies to the Account, change its settings, and access the Customer Data associated with it;
- it can transfer, suspend or delete the Account; and
- it can do all of that after you created the Account, and without needing your agreement.
We will act on a claim we have verified. We are not in a position to referee a disagreement between you and your employer about it, and we will not: that dispute is between the two of you, and you should raise it with the organisation.
If you want an Account that stays yours, register it with a personal email address and keep personal material out of a Workspace someone else administers.
Acting on administrator instructions
We may rely on an instruction that appears to come from an administrator or from someone with access to an administrator's Account. We are not obliged to investigate whether an administrator was authorised internally to give it, and we are not responsible for the consequences of an instruction you gave us through a person you appointed. Keep your list of administrators accurate, and remove people promptly when their role changes.
Your right to use the Service
What we grant you
For as long as your Subscription is in force and you are keeping to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Service, and the Documentation, for your own internal business purposes.
That right is bounded by what you have actually ordered — your plan, your seats, your usage allowance and any other limit recorded in your Order — and by the term of your Subscription. It extends to your End Users, who may use the Service on your behalf and under your responsibility.
What you are paying for is access to the Service we operate. You are not buying the software, and you are not acquiring a copy of it. Any right we have not expressly granted here is reserved.
What you must not do
You must not, and must not permit anyone else to:
- resell, rent, lease, sublicense, syndicate or otherwise make the Service available to a third party, or run it as a service bureau, a managed service or a hosting offering for anyone other than your own organisation and its End Users;
- reverse engineer, decompile or disassemble the Service, or try to derive its source code, structure or underlying ideas — except to the extent the law expressly gives you that right despite a contractual restriction, and in that case only after you have asked us in writing for the information you need and given us a reasonable chance to supply it;
- work around, disable or exceed any technical control, seat count, rate limit, storage limit or usage quota, or disguise the volume, origin or nature of your use in order to do so;
- extract data from the Service by scraping, crawling or automated means other than the interfaces we document for that purpose;
- publish a benchmark, load test or comparative performance study of the Service without our prior written consent — we will not withhold consent unreasonably where you tell us your methodology first and let us comment on it, and nothing here stops you describing your own experience of using the Service;
- remove, obscure or alter any copyright, trade mark or other proprietary notice in the Service or the Documentation, or present the Service as your own;
- probe, scan or test the security of the Service other than through our responsible disclosure process; or
- use the Service, or anything you learn from it, to build or improve a product or service that competes with it.
The Acceptable Use Policy adds rules about content and conduct. These restrictions and the AUP both apply.
This does not cut down any open-source licence
Nothing in this section restricts a right that an open-source licence gives you in code published under it. If you obtain the source code under an open-source licence, that licence governs what you may do with the code, and this section governs only what you may do with the hosted Service. The open-source section explains the split in full.
Suspension and withdrawal
We may suspend or withdraw the rights granted here in the circumstances set out in the section on term, suspension and termination — most obviously a serious or continuing breach of these Terms or the AUP, or non-payment.
Open-source software and the hosted Service are different things
Parts of the software that power the Service are published as open source. Those published components are licensed to you under their own open-source licence, and that licence — not these Terms — governs your rights in the source code. You may use, modify and redistribute the code exactly as its licence permits, including running your own copy on your own infrastructure.
These Terms govern one thing only: your use of the hosted Service that we operate. Nothing in these Terms restricts any right granted to you by an open-source licence, and nothing in an open-source licence entitles you to use the hosted Service other than on these Terms.
Two consequences follow, and we want them stated plainly rather than discovered later.
If you run the software yourself, we are not involved. You are the operator of your own deployment. You choose its hosting, its storage, its email provider, its AI providers and every other component you configure. We do not process personal data in your deployment, we are not your processor for it, we provide no availability or security commitment for it, and the sub-processor list published for the hosted Service does not describe your deployment. Any obligations to your own users are yours alone.
If you use the hosted Service, these Terms and our Privacy Policy apply, whether or not you also run a copy of the software elsewhere.
Where the open-source components carry warranty and liability disclaimers, those disclaimers continue to apply to the code in their own right, in addition to the disclaimers in these Terms.
What you are responsible for
We operate the Service. Almost everything about how you use it sits with you, and the list below is the honest version of that split rather than a formality.
Lawful use, and your own compliance
Use the Service lawfully. You are responsible for working out which laws apply to you and for meeting them — we do not know your sector, your jurisdictions, your regulator or your internal policies, and we do not advise you on any of them.
That includes, where they apply to you: data protection and privacy law, employment and workplace law, electronic marketing rules, consumer law, financial, health and other sector regulation, records-retention duties, export controls and sanctions, and the terms of any third-party platform whose data you bring into or push out of the Service.
The data you put in
You are responsible for the accuracy, quality, legality and integrity of your Customer Data, and for deciding whether it should be in the Service at all.
Before you put personal data into the Service, it is your job — not ours — to give whatever notices and obtain whatever consents or other lawful basis your own law requires, from the people the data is about. That applies to your personnel, your customers, your candidates, your contacts, and anyone whose data arrives through an integration you connect.
Features that record or measure how people work
Where the Service includes features that record, capture or measure the activity of your personnel, you decide whether to switch them on, on whom, and how. That decision is yours and so are the obligations that follow from it.
Depending on where your people are, those obligations can include identifying a lawful basis for the monitoring, telling each affected person clearly and in advance what is captured, completing a data protection impact assessment, consulting a works council or employee representatives, and observing limits on what may be captured and when. The rules differ sharply from country to country, and we make no claim that any particular configuration is lawful anywhere. We supply the controls; you decide how to use them.
Your product annex and the DPA set out the capture types, the controls available to you and the express representations you give us about all of this.
Your End Users
You are responsible for your End Users. Their acts and omissions in the Service count as yours. Make sure they know what these Terms and the Acceptable Use Policy require of them, and that they follow both.
Your backups and your records
Keep your own copies of anything you cannot afford to lose. We run backups for our own operational continuity, and they are not a substitute for your records. Export your data regularly using the tools the Service provides, and do not rely on the Service as your only copy of anything — including anything you are required by law to retain.
Equipment, connectivity and third-party accounts
You provide the devices, browsers, operating systems, networks and internet connectivity needed to reach the Service, and you keep them reasonably secure and up to date. You also provide and pay for any third-party account or credential that an integration or a bring-your-own-key feature needs. We are not responsible for problems caused by your own equipment, network or third-party accounts.
Acceptable Use Policy
Our Acceptable Use Policy forms part of these Terms and applies every time the Service is used under your Subscription. Breaching it is a breach of these Terms. We update the AUP from time to time — abuse changes faster than contracts do — and the version in force when you use the Service is the one that applies. Where a change to the AUP materially reduces what you are permitted to do, we will give you notice in the way the changes section describes.
End users and seats
What a seat is
Where your plan is priced or limited by seats, a seat is one named individual with access to the Service. Seats are personal to the individual they are assigned to. They are not concurrent-use licences, and they must not be shared, pooled or rotated between people to avoid buying more.
You may reassign a seat to a replacement person — when someone leaves, or changes role — and that costs nothing extra. Reassigning a seat back and forth between two people who both use the Service is not a reassignment.
How seats are counted
We count the seats provisioned in your Workspace, in the way your Order or plan describes. A seat counts from the moment you provision it, whether or not the person signs in.
- Adding people during a term. You can add seats at any time. We charge for a new seat from the date you add it, pro-rated to the end of your current term, at the rate then applying to your plan. Added seats renew with everything else, on your existing renewal date, so your Subscription stays on one cycle.
- Removing people during a term. You can remove an End User at any time, and the seat becomes available to reassign. Removing someone does not reduce the number of seats you have committed to for the current term, and it does not produce a refund or a credit. Reductions in your committed seat count take effect at your next renewal, provided you tell us before that renewal.
- Going over. If your use exceeds the seats or usage allowance you have ordered, we may invoice you for the excess at your plan's rate, or ask you to bring your use back within the limit. We may measure your use for this purpose, and we may rely on our own records of it.
The refund and billing sections govern how any of this is charged and refunded.
You are responsible for your End Users
Everything an End User does in the Service under your Subscription is treated as if you had done it yourself. You are responsible for their compliance with these Terms and the Acceptable Use Policy, and a breach by an End User is a breach by you.
Practically, that means you:
- decide who gets access, and remove access promptly when someone should no longer have it;
- make your End Users aware of what these Terms and the AUP require;
- keep your administrator list accurate; and
- supervise how your End Users configure and use the Service.
We do not police your End Users on your behalf, and we are not obliged to check whether a particular person should have the access you have given them.
Your relationship with your End Users is yours
Your End Users are not our customers. We contract with you, we take instructions from you, and we deal with you.
- Whatever you owe your End Users — under their employment or engagement, under your internal policies, or under data protection law — you owe them directly. These Terms give them nothing and impose nothing on them.
- Any complaint, question or request an End User has about the Service, about their access, or about the data held about them in your Workspace goes to you. If one contacts us directly, we will normally point them to you and tell you that we have done so, unless the law requires us to do something else. The DPA sets out how we handle requests from individuals whose personal data you process in the Service.
- If your Subscription ends, your End Users lose access at the same time you do. What happens to the data is covered in the section on data export after termination.
Customer Data
It is yours
You own your Customer Data. Nothing in these Terms transfers ownership of it to us, and we claim no rights in it beyond the limited operational licence described below. Putting data into the Service does not change who owns it, and taking a Subscription does not make us a joint owner of anything you create with it.
The licence you give us, and its limits
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and process your Customer Data solely to the extent necessary to provide, secure, maintain and support the Service for you, and to comply with our legal obligations.
That licence extends to the sub-processors we engage to help us deliver the Service, acting on our behalf and under contract. It goes no further than the sentence above. The licence ends when the Customer Data is deleted, except for copies held in routine backups for the period described in our Privacy Policy, and except where the law requires us to keep something for longer.
We do not use your Customer Data to train machine-learning models for our own purposes or for the benefit of other customers, unless you have expressly opted in. The AI features section says more about how this works where a model is involved.
Aggregated and de-identified statistics
We generate statistics about how the Service is used — volumes, performance, feature adoption, error rates — and we use them to run, secure, support and improve it, and to report on our business.
Those statistics are always aggregated and de-identified. They do not identify you, your End Users or any other individual, we do not publish or share them in a form from which you could be identified, and they never contain your Customer Data itself.
What you promise us about the data you provide
You warrant, each time Customer Data is submitted under your Subscription, that:
- you have all rights, licences, permissions and lawful bases needed to provide it to us and to have us process it as these Terms describe;
- doing so does not breach any law, any third party's rights, or any obligation of confidence you owe;
- where the data is personal data, you have given the notices and satisfied the lawful-basis requirements your own law imposes, before the data reached us; and
- the data does not breach our Acceptable Use Policy.
You will indemnify us against claims arising from a breach of those promises, as set out in the indemnification section.
We can remove content
We may remove, disable access to, or refuse to transmit Customer Data that breaches the Acceptable Use Policy or the law, infringes someone's rights, or that we are legally required to remove.
- Where it is practicable and lawful to do so, we will tell you first. Where it is not — because the matter is urgent, because a court or authority has ordered it, or because notice would prejudice an investigation — we will tell you as soon as we reasonably can afterwards.
- We do not monitor Customer Data, and we are under no general obligation to look for unlawful content. That we did not act on something does not mean we approved of it.
- Removing content is an operational step to protect the Service and other people. It is not a judgement on the merits of whatever complaint prompted it, and it does not make us responsible for content we left in place.
Where the Service publishes content to third parties, the notice-and-action procedure in these Terms sets out how illegal content and infringement are reported and handled.
Keeping your own copy
Export what matters to you, regularly. We are not your archive, and the warranties section is explicit that you should not treat our backups as a substitute for your own records.
Personal data
Where Customer Data includes personal data, the privacy and data protection section below and the DPA govern who is responsible for what.
Privacy and data protection
Three documents sit alongside these Terms and you should read them:
- our Privacy Policy — what we do with personal data in our own right, and the rights you have over it;
- our Cookie Policy — cookies and similar technologies on our websites and in the Service; and
- our Data Processing Addendum — how we handle personal data that you put into the Service about other people. It forms part of these Terms and applies automatically. You do not need to sign it separately, and you can obtain the current version from [email protected].
Who is responsible for what
Two different relationships run in parallel, and it matters which one you are looking at.
We are the controller for the personal data we handle in our own relationship with you: your account and administrator details, billing and tax records, support correspondence, security and audit logs, and people who visit our websites or contact us. We decide why and how that data is processed, and our Privacy Policy explains it.
You are the controller and we are your processor for the personal data that you and your End Users put into the Service about other people — your records and content, and, where the Service offers such features, any data it captures about how your own personnel work. You decide why that data is processed and how; we process it on your documented instructions and for no purpose of our own. The DPA sets out the detail: instructions, confidentiality, security measures, sub-processors and how we notify you of changes, breach notification, assistance with requests from individuals, assistance with impact assessments, audits, international transfers, and deletion or return at the end.
We do not decide whether your processing is lawful, and we are not in a position to. That assessment, and the notices, lawful bases and consultations that go with it, are yours — see the section on what you are responsible for.
Contacting us about data protection
Write to [email protected] with any data protection question, or to exercise a right you have over personal data we hold as controller. Our Privacy Policy explains how to make a request, how long we take, and your right to complain to a supervisory authority. Ours is the Commission for Personal Data Protection (Комисия за защита на личните данни), the CPDP, at https://www.cpdp.bg/. You may also complain to the supervisory authority where you live or work.
If you are one of our customer's End Users and your question is about data held in their Workspace, that request goes to them: they are the controller for it, not us.
Third-party services and integrations
The Service can connect to software you already use. Depending on the product, that includes identity and single sign-on providers, payment processors, AI and model providers, project and issue trackers, time tracking and activity sources, source-code and repository platforms, messaging and email delivery, calendars and file storage, and analytics tools. Our sub-processor list names the specific vendors we engage; this section is about the ones you choose to connect.
Connecting one is your instruction to us
When you connect a third-party service, you are instructing us to exchange data with it, and you authorise every exchange that integration needs in order to work — in both directions, for as long as the connection is live.
Before you connect something, check what it will send and receive. The Service tells you the scope an integration asks for, and you decide whether to grant it. You are responsible for holding a valid account with the provider, for the credentials, API keys and tokens you supply, for the permissions you grant, and for revoking them when they are no longer needed — including when a person leaves your organisation.
Their terms govern them, not ours
A third-party service is supplied by that provider under its own terms and its own privacy notice, in a contract between you and it. We are not a party to it, and these Terms do not change it.
That provider is not acting for us. It acts for you, on your instructions, under your agreement with it. It is not our sub-processor, and we are not its — so it does not appear on our sub-processor list, and what it does with the data you send it is a matter between the two of you. Where we engage a provider ourselves to deliver the Service, the position is the opposite: it is our sub-processor and it is on that list.
What we are not responsible for
We are not responsible for third-party services, and we do not endorse them. We give no warranty about any of them and we accept no liability for them, including for:
- whether they are available, accurate, secure, lawful or fit for what you want;
- what they do with data you send them, how long they keep it and where;
- what they charge you, and how they change what they charge;
- any loss you suffer through using one; or
- anything published on a third-party website that the Service links to.
If a third-party service changes, restricts, degrades, prices differently or shuts down — or if it changes its API so an integration stops working — that is not a breach of these Terms by us. It does not entitle you to a refund or a credit, and it does not release you from your Subscription. We will tell you when we learn that an integration is affected, and we will restore it where we reasonably can.
We may also have to suspend or remove an integration at short notice — if the provider requires it, if it stops being safe or lawful, or if it threatens the security or stability of the Service. We will give you as much warning as the circumstances allow.
Extensions, plugins and marketplace items
Plugins, extensions and add-ons published by anyone other than us are third-party services for the purposes of this section, even where the Service helps you install them. We do not review or vet them unless we expressly say that we have.
AI features
Parts of the Service use machine-learning models to generate text, summarise, translate, classify, extract, rank, score or suggest. We call what comes back Output, and what you send in Input. This section applies whenever you use one of those features.
Output can be wrong, and you must check it
AI Output can be inaccurate, incomplete, out of date, biased or entirely made up — and it can be wrong in ways that read as confident and plausible. Treat it as a draft produced by something that does not know what it is saying, not as a finding.
- It is not professional advice. Nothing the Service generates is legal, financial, tax, accounting, medical, employment or safety advice, and it is no substitute for a qualified person. Do not use it as one.
- Do not use Output as the sole basis for a decision that has a legal or similarly significant effect on a person — hiring, discipline, dismissal, pay, promotion, credit, eligibility or access to a service. A competent human being with authority to decide must review the Output and take the decision. Where the Service produces a score, a rating or a verdict about a person, that is a signal for a person to consider, not an outcome.
- You are responsible for what you do with Output, for checking it before you act on it or publish it, and for the consequences either way.
- Output is not guaranteed to be unique. The same or similar Input can produce similar Output for someone else, and we do not grant you exclusivity in it. Check that Output does not infringe anyone's rights before you use it commercially.
We do not warrant that Output is accurate, complete, current, original, fit for your purpose or free of third-party rights. The warranties and limitation of liability sections apply to AI features in full.
What you must not put in
Do not send as Input:
- data you do not have the rights or permissions to provide, or whose disclosure would breach a duty of confidence, a licence, a court order or your own regulatory obligations;
- personal data for which you have no lawful basis, or which you have not told the relevant people you would process this way; or
- special-category or otherwise highly sensitive data, unless you have satisfied yourself that you may and have configured the Service accordingly.
The Acceptable Use Policy adds restrictions on what AI features may be used for. Both apply.
Which model provider is involved, and who contracts with it
Where we operate an AI feature using a third-party model provider, we engage that provider as our sub-processor. It appears in our sub-processor list with its location and the transfer mechanism we rely on, and it is bound by the DPA terms on sub-processing.
Some products instead let you supply your own API key, or your own model endpoint, for an AI provider you choose. When you do that, you are the one contracting with that provider, not us. That has real consequences, so we would rather state them than let you assume otherwise:
- their terms and their privacy notice govern what happens to your Input and Output;
- your data goes to them under your agreement with them, not ours;
- they are not our sub-processor and they are not on our sub-processor list;
- we have no control over what they do with your data, whether they retain it, whether they train on it, or where in the world they process it; and
- the key is yours to protect, to rotate and to revoke.
Read that provider's terms before you connect it. The third-party services section applies to it as well.
Training
We do not use your Input, your Output or your Customer Data to train machine-learning models for our own purposes or for the benefit of other customers, unless you have expressly opted in. Where we engage a model provider ourselves, our contract with it prohibits it from training on your content. Where you bring your own provider, that is between you and them — see above.
Availability
AI features may be offered as Beta Features, may change or be withdrawn, and may carry usage limits. Model providers impose their own acceptable-use restrictions and can change or discontinue a model at short notice, and we may have to pass those changes through to you. The section on modification of the Service covers how we handle that.
Ever Works: the platform, your Work, and who answers for what
Ever Works Cloud is not only software you log into. You describe a subject, our agents research it, write content and code, commit both to a repository, and we build and publish a directory website from the result. That site carries your name, accepts your visitors, and can take their money. This section is about the consequences of that, and it governs over the general sections above wherever the two differ.
Three roles, and only one of them is ours
- We supply the platform. We run Ever Works Cloud, we operate the agents, and — unless you choose otherwise — we host the site that comes out of it.
- You are the Work Owner. A Work is a directory site you create through the Service. You own it, you operate it, you decide what it publishes, and you are answerable for it to your visitors, to the people and businesses it writes about, and to any authority that asks. We are your supplier, not your editor and not your publisher.
- Your Site Visitors are yours, not ours. People who register, comment, vote, submit a listing, message or pay on your Work site are entering a relationship with you. We have no contract with them, we give them no promises, and we are not a party to anything that happens between you and them. If one of them has a complaint about your site, it goes to you.
One consequence runs the other way as well. If you deploy the open-source code yourself and use it to provision sites for other people, you are the platform operator for those sites, with everything in this section falling on you rather than on us.
You must publish your own terms, privacy notice and cookie notice
This is the most important obligation in this annex, so it is stated as an obligation rather than as advice.
Before your Work site accepts a single visitor, you must publish on it — and keep current — your own terms of service, your own privacy notice and your own cookie notice, naming you as the operator and giving a contact route that works.
- Our documents are not yours. These Terms, our Privacy Policy and our Cookie Policy describe what Ever Technologies LTD does. They say nothing about what you do on your own domain, and pointing your visitors at them does not discharge anything.
- Our consent banner is not your consent mechanism. You must obtain whatever consent the law requires for the cookies and trackers on your site — including the ones that arrive with the site we hand you. A bot check on your forms, an analytics tool you switch on, a map, a payment script, an error reporter with session replay: each is a decision you make, and each is yours to disclose and, where it is not strictly necessary, to gate behind consent.
- Every tracker on your site is off until you configure it. That is deliberate. Switching one on is the moment your disclosure obligation changes, and nothing in the product will do that for you.
We ship starter templates. Every Work we provision receives draft terms, privacy and cookie pages in its content repository so that no site launches with an empty legal page. They are drafts, not legal advice, and they are not tailored to you. You must read them, adapt them to what your site actually does and where your visitors actually are, and take your own advice. Publishing one of our templates unaltered does not discharge your obligations, and we do not warrant that it satisfies any law.
The directory is your publication
- You warrant that you have the rights to what you feed in — the seed lists, curated repositories, imported datasets, submitted listings and pull requests that become your directory. An openly licensed source usually carries conditions. Meeting them is yours to do.
- Where an external contributor opens a pull request against your Work's repository, the platform can extract entries from it and commit them without a human reviewing them first. If you switch that on, what lands is published in your name, and you own it.
- Our agents research the open web and write about real, named companies, products and the people behind them. Everything the general AI section says about output being unverified applies with full force here, and one thing follows that is specific to this product: you are the publisher of what appears on your site. You must review generated entries before they go live, and you must correct or remove one that turns out to be wrong.
Listing subjects, and the duty you owe them
A directory entry is usually about somebody who never signed up — a business, a product, and often an identifiable individual behind it.
You must operate a working route by which a listing subject can reach you, and you must act on a reasoned objection or removal request within a reasonable period. Once you have removed an entry on that basis, you must not republish it, and you must not regenerate it from the same sources. We may act on such a request ourselves where you do not.
What you authorise our agents to do
Using the agent features is your instruction to us, and it authorises us — acting through automated agents — to do the following on your behalf, for as long as the connection or the credential is live:
- read and write the repositories you connect, commit under a commit identity you configure, and open pull requests;
- send and receive email at addresses you register, and process the replies;
- call third-party tools through accounts you have connected;
- run tasks on machines you have enrolled; and
- create, change and remove the deployment, domain and database resources a Work needs.
Everything an agent does under your account is your act. We do not warrant that an agent will choose well, stop at the right point, or produce anything usable, and the general warranty and liability sections apply to agent behaviour in full. Anything an agent writes to a repository or a system of yours can be wrong, and it can be destructive. Keep your own copies, keep review gates on, and do not point an agent at anything you cannot afford to have changed.
Accounts created without a person present
The Service can be driven entirely by machine: an automated client can register an account and provision a Work in a single call, with no human in the loop.
- Whoever controls the credential is the contracting party. These Terms bind them, and by using the account they accept them.
- That party warrants that it is an adult, or an organisation acting through one, and that it has authority to enter into these Terms for whoever it is acting for.
- Acceptance is deemed on the first call made with the credential, and we keep a record of which version of these Terms was in force at that moment.
Accounts that expire
Where you begin without registering, the account is temporary. When it expires, we delete it and everything created under it, including any Work. Claim the account before then if you want to keep the work. We owe no duty to preserve, warn about or recover an unclaimed account, and the deletion is not a service failure.
Where your Work runs, and what we hold for you
Unless you choose otherwise:
- your Work runs on a cluster we operate that is shared with other customers, with your site in its own namespace;
- its database is one database on a PostgreSQL cluster we operate that is shared with other customers;
- its repositories are private repositories in a GitHub organisation we own, and its container image sits in a registry namespace we own.
This is logical separation, not dedicated infrastructure, and we will not describe it as more than it is. The Security page sets out the controls that hold that separation up.
The content is yours; we hold the repository as custodian. You may bring your own repository organisation instead, and if you deploy to your own infrastructure you must. On termination you have the export window in these Terms to take the repositories and the site's data with you, after which the namespace, the database and the repositories are deleted.
If you choose your own target
Where you deploy a Work to your own cluster or to a hosting provider you connect with your own account:
- that target is yours. We give no commitment about its availability, its security or its data protection posture, and the credential you paste to reach it is supplied at your risk;
- the general third-party services section governs your relationship with that provider; and
- bringing your own cluster means bringing your own repository organisation as well.
The same applies to a database server of your own, and to any model, search, email or payment provider you connect with your own key: your data goes to your vendor under your agreement with them, and we act only as the conduit you configured.
Custom domains
You warrant that you control the domain you point at a Work, and that using it infringes nobody's rights. Traffic to it passes through our content delivery and security provider, which terminates the connection. We may suspend a domain immediately on a credible abuse, infringement or impersonation complaint, and you cover us for claims arising from a domain you brought.
Agent mailboxes
Registering a sending address is a serious step and it carries the obligations in our Acceptable Use Policy: you must own or be authorised to use the address and its domain, comply with the law on electronic marketing wherever your recipients are, and honour opt-outs. We may suspend an address without notice on a deliverability or abuse complaint, because the reputation it burns is shared with every other customer.
Credits
Consumption of the agent features is metered in credits.
- Credits are a unit of measurement, not money. They are not stored value, not a payment instrument and not property. They are non-transferable, they carry no cash value, and a balance gives you no claim against us other than the right to use the Service while it lasts.
- Credits we grant, including any free daily allowance, may expire, and they are not purchased.
- Plans, their inclusions and the price of a credit pack are those published at https://ever.works/pricing when you buy. We may change them on notice, and the section on changes to these Terms governs how.
- What happens to your money — including when a run goes wrong — is in our Refund Policy.
We may throttle or park a Work to protect the platform
Agent runs, crawling and site traffic all draw on infrastructure shared with every other customer. We may rate-limit, pause, park or suspend a Work, an agent run or an account where it threatens the stability, security or capacity of that shared infrastructure, without that being a failure of the Service. Where we can warn you first we will; where we cannot, we will tell you straight afterwards and why.
We may remove content and suspend a Work
In addition to the general suspension and termination rights above, we may remove content, disable a domain, suspend a Work or terminate an account where there is a credible complaint of infringement, defamation, impersonation or abuse, where a legal demand requires it, or where a Work endangers other customers. We act without prior notice where urgency requires it, and tell you afterwards. Where a Work site is accessible in the European Union and accepts content from its visitors, the notice-and-action and appeal duties of a hosting service fall on you for your site, and running our removal tooling is not a substitute for meeting them.
Support and service levels
The support you get depends on your plan
We provide support for the Service as described for the plan you are on — in the plan description, in your order, or on the support pages we publish for the Service. That description is where you will find the channels open to you, the hours we staff them, and the kinds of problem we will help with. This section sets the boundaries around it.
Support covers the Service as we operate it. It does not cover:
- a copy of the software that you run yourself, on your own infrastructure or someone else's;
- third-party products, integrations, networks or devices you connect to the Service;
- code, templates, automations or configuration built by you or by anyone other than us;
- problems caused by use of the Service outside these Terms or outside our documentation;
- training, migration, implementation and bespoke development, which we are happy to quote for separately.
There is no SLA unless we have signed one with you
We make no commitment to any level of availability, uptime, response time or resolution time. If you need one, we can agree a separate written service level agreement that sets its own targets, its own method of measurement and its own service credits. Only a document of that kind creates an availability commitment. A plan description, a status page, a proposal, a slide or an email from us does not, however it is phrased.
What we publish about performance is information, not a promise
Status pages, historical availability figures, incident histories, product roadmaps, expected release dates, benchmark results and target support response times all describe how the Service has behaved or how we currently expect it to behave.
They are not commitments. They can change. Do not buy the Service, or build on it, on the assumption that any of them will hold. If something matters to your decision, decide on what the Service does today rather than on what a roadmap says it will do later.
Maintenance
We maintain the Service, and maintenance sometimes means it is unavailable or degraded for a period.
- Planned maintenance. We aim to schedule it outside the busiest hours for the Service and to give you advance notice through whatever channel we normally use to reach you — a status page, an email, or a notice inside the product.
- Emergency maintenance. Where we need to act immediately to protect the security, integrity or stability of the Service, or to meet a legal obligation, we will do it without advance notice. We will tell you what happened as soon as we reasonably can afterwards.
Time spent in planned or emergency maintenance is not a failure to provide the Service and does not create a right to a refund or a credit, unless a service level agreement we have signed says otherwise.
Free and pre-release use carries no support commitment
If you use the Service on a free plan, on a trial, or in beta, preview or early access, we owe you no support at all. We often help anyway, and we would much rather hear about a problem than not — but do not plan around a reply. The wider terms for those offerings are in the section on free, trial and pre-release offerings below.
When you ask us for help
To resolve a support request we may need to look at your account, and sometimes at content inside your workspace. We do that only so far as it is needed to deal with what you asked us about, and in line with our Privacy Policy and, where one applies to you, our Data Processing Addendum.
Anything you send us with a request — logs, screenshots, exports, sample records — we use for the same limited purpose. Please take out anything you do not need us to see before you send it.
Fees, billing and renewal
What you pay
You pay the fees set out in the plan you chose or in the order you signed with us, together with any charges for additional seats, additional usage or optional features you switch on.
Where a fee is charged per seat, per user or per unit of usage, adding one during a term is charged from the day you add it for the rest of that term, at the rate then published for your plan. Removing one does not reduce the fee for the current term and does not create a refund — it takes effect at your next renewal.
You must pay in full, without set-off or deduction, except where the law gives you a right you cannot contract out of.
We charge in advance
Subscription fees are payable in advance for each billing period, on the cycle shown for your plan. Usage-based and overage charges are billed after the period in which you incur them.
By giving us a payment method you authorise us and our payment provider to charge it for everything due under these Terms — including renewals, additional seats and taxes — until you cancel. Keep your payment and billing details current, and make sure the billing entity, address and tax identifiers you give us are accurate. A failed payment does not pause your subscription.
Renewal
Your subscription renews automatically at the end of each term for a further term of the same length, at the price in effect for your plan at that time, until you cancel. How to cancel, and what happens to your access when you do, are covered in the refunds and cancellation section above and in our Refund Policy.
Price changes
We may change our prices.
We will give you reasonable advance notice before a price change reaches you, and a new price takes effect at your next renewal — never part-way through a term you have already paid for. If you do not want to pay it, cancel before that renewal date. If you carry on using the Service after it takes effect, you accept the new price.
This does not apply to charges you bring on yourself during a term by adding seats, usage or optional features, which are charged at the rates published for your plan when you add them.
Taxes
Fees are exclusive of VAT, sales, use, withholding and any similar tax, duty or levy. Those are payable by you on top of the fee, except for taxes on our own income.
- Where the EU reverse charge applies because you are a business customer registered for VAT in another member state, you must give us a valid VAT identification number and account for the VAT yourself. If you give us no number, or the number is invalid, we will charge VAT and you must pay it.
- If the law requires you to withhold or deduct tax from a payment to us, you must increase the payment so that we receive the amount we would have received without the deduction.
- Tell us promptly if your VAT registration, tax status or place of supply changes. If we are assessed for tax because information you gave us was wrong or out of date, you must reimburse us for it.
Currency
Fees are payable in the currency shown on your plan or order, and we do not accept payment in another currency. Any charge your bank or card issuer makes for currency conversion, cross-border payment or transfer is yours to bear, and does not reduce what you owe us.
Invoices and disputed amounts
We issue invoices electronically to the billing contact on your account, and an electronic invoice is the ordinary form of invoice between us. Payment is due on the date stated on the invoice or, if none is stated, within fourteen (14) days of it.
If you believe an invoice is wrong, write to [email protected] within thirty (30) days of the invoice date, saying what you dispute and why. Raise it in good faith and we will work through it with you. You must still pay any part of the invoice you are not disputing, on time.
After those 30 days an invoice is treated as accepted, except where there is a manifest error.
Late payment and suspension
If you do not pay an undisputed amount by its due date:
- we may charge interest on the overdue amount from the due date until payment, at the statutory rate for late payment under the laws of the Republic of Bulgaria;
- we may recover reasonable costs of recovering the debt, so far as the law allows; and
- we may suspend your access to the Service after giving you written notice and at least fourteen (14) days to put it right.
Suspension does not cancel your subscription, does not reduce what you owe, and does not stop fees accruing for the suspended period. Continued non-payment is a material breach of these Terms, and we may terminate on that basis as described in the section on termination.
If you are a consumer, we will charge interest and costs only to the extent the law permits, and the statutory regime for late payment in commercial transactions does not apply to you.
Refunds and cancellation
30-day money-back guarantee on your first purchase
If you are not satisfied, you may request a full refund of your first payment for the Service within thirty (30) days of that payment. Contact [email protected] within the 30 days and we will refund the amount you paid, to the payment method you used.
The guarantee applies once per customer, to a first purchase only. It does not apply to renewals, subsequent purchases, or a repeat purchase after a previous account was closed.
For annual plans, the same 30-day window applies. A refund requested after that window has closed is not available under this guarantee, and your plan continues until the end of the paid term.
Cancelling
You may cancel at any time from your account settings, or by contacting [email protected]. Cancellation stops the next renewal. Your access continues until the end of the period you have already paid for, and we do not pro-rate a partial period on cancellation, except where the 30-day guarantee above applies or where the law requires otherwise.
Renewals
Subscriptions renew automatically for successive periods of the same length until cancelled. We will charge the payment method on file at the start of each period at the then-current price for your plan. We will give you reasonable advance notice of any price increase, and you may cancel before it takes effect.
Your statutory rights are in addition to this
If you are a consumer in the European Union, the United Kingdom or another jurisdiction with an equivalent regime, you have a statutory right to withdraw from a distance contract within 14 days, separately from and in addition to the guarantee above. That right, including how immediate provision of the Service affects it, is described in our Refund Policy. Nothing in this section reduces it.
Full details, including what is not refundable and how chargebacks are handled, are in our Refund Policy.
Free, trial and pre-release offerings
What this section covers
This section applies whenever you use the Service without paying for it, or use part of it before it is finished. That includes:
- free plans and free tiers;
- trials, evaluations and proofs of concept;
- anything we label beta, preview, early access, experimental, labs or similar — whether that is a single feature inside a paid plan or a whole product.
Where this section conflicts with another part of these Terms, this section wins for that offering.
What you are getting, and what you are not
We make these offerings available because they are useful to both of us. They come with almost nothing attached, and we would rather say so here than have you find out later.
- No warranty of any kind, including the limited warranty we give elsewhere in these Terms. A pre-release feature may be incomplete, unstable, undocumented, or behave differently from one build to the next.
- No service level and no support commitment. See the support section above.
- No indemnity from us. Where these Terms give you an indemnity for paid use of the Service, it does not apply to your use of a free, trial or pre-release offering.
- We may change or withdraw them at any time, without notice and without liability to you — including changing how a feature works, limiting it, moving it behind a paid plan, or stopping it altogether.
- Nothing here entitles you to access. We decide who gets a trial or a pre-release offering, and we may end that access for any account at any time.
Your data on a free, trial or pre-release offering
Do not put anything into one of these offerings that you cannot afford to lose.
If a trial or evaluation ends without you moving to a paid plan, or we withdraw a free or pre-release offering, we may delete the account, the workspace and everything in it. We will give you a chance to export your data where we reasonably can, but the responsibility for exporting in time is yours. Data created in a preview may also be reset between builds, and may not carry across when the feature becomes generally available.
Our backups exist for our own operational continuity. They are not your archive, and you should not treat them as one.
Our liability for these offerings
Where you use the Service on a free, trial, evaluation, beta or preview basis, our total liability to you is capped at one hundred euros (EUR 100), as set out in the limitation of liability section, and the exclusions in that section apply in full. You pay us nothing, there are no fees to measure a cap against, and we make these offerings available on that basis.
The carve-outs in that section still stand. Nothing here limits our liability for death or personal injury caused by our negligence, for fraud, for gross negligence or wilful misconduct, or for anything that cannot lawfully be limited — and if you are a consumer, your statutory rights are unaffected.
Unreleased features are confidential
What you learn through a beta, preview or early-access offering, where it is not already public, is our Confidential Information under the confidentiality section below. That includes the fact that the feature exists, how it works, its documentation, how it performs, and any defect you find in it.
In particular, unless we have given you written permission:
- do not publish benchmarks, screenshots, recordings, reviews or descriptions of an unreleased feature;
- do not share your access with anyone outside your own organisation.
This stops applying to a particular feature once we make it generally available, or once we otherwise make the information public ourselves.
Telling us what you think
Pre-release access is worth more to us when you tell us how it went. If you do, the feedback section below governs what we may do with what you send.
Confidentiality
This section works both ways. It binds us exactly as it binds you.
What counts as confidential
"Confidential Information" means information that one of us (the "disclosing party") makes available to the other (the "receiving party") in connection with the Service, in any form, which is either marked or described as confidential, or which a reasonable person would understand to be confidential from its nature or from the circumstances in which it was disclosed.
- Ours includes the non-public parts of the Service, our source code, security information, architecture and infrastructure detail, unreleased features, non-public pricing, and our product plans.
- Yours includes the content and data you put into the Service, and your non-public business, technical, financial and commercial information.
The terms of any order between us are confidential to both of us.
Where Confidential Information is also personal data, how it is processed is governed by our Privacy Policy and, where it applies to you, our Data Processing Addendum. Where those and this section both bite, the stricter obligation applies.
What does not count
This section does not apply to information that:
- was public when it was disclosed, or later becomes public other than through a breach of this section;
- the receiving party already had, free of any duty of confidence, before it was disclosed;
- the receiving party develops independently, without using or referring to the disclosing party's Confidential Information; or
- a third party lawfully provides to the receiving party without a duty of confidence.
The party relying on one of these has to be able to show that it applies.
How each of us must treat it
Each of us will use the other's Confidential Information only to provide or receive the Service and to perform these Terms, and will not disclose it except as this section permits.
Each of us will protect it with at least the care we use for our own confidential information of similar importance — and never with less than reasonable care.
Who it may be shared with
Each of us may disclose the other's Confidential Information to our employees, officers, contractors, group companies and professional advisers who genuinely need it for that purpose and who are bound by confidentiality duties at least as protective as these. We may also disclose it to our sub-processors so far as needed to provide the Service, on the same footing.
Each of us stays responsible for what those people do with it, as if we had done it ourselves.
When the law requires disclosure
If a law, a court, a regulator or a stock exchange requires disclosure, the receiving party may disclose — but only what is actually required, and, where it is lawful and practical to do so, only after giving the disclosing party advance notice and a reasonable opportunity to object or to seek protective treatment. The receiving party will give reasonable cooperation with any such attempt, at the disclosing party's cost.
How long it lasts
These obligations begin when the information is disclosed and continue for three (3) years after these Terms come to an end.
Anything that qualifies as a trade secret stays protected for as long as it remains a trade secret under the applicable law, whether or not the three years have run.
Returning or destroying it
When these Terms end — or earlier, if the disclosing party asks in writing — the receiving party will return or destroy the Confidential Information it holds, and confirm in writing that it has done so if asked. There are two exceptions:
- copies held in routine backups or archives that are not readily accessible in the ordinary course of business; and
- copies a party must keep to meet a legal or regulatory obligation.
Anything kept under either exception stays subject to this section for as long as it is kept. Your own content inside the Service is dealt with by the termination section — export and then deletion — rather than by this one.
No licence, and what happens on a breach
Nothing in this section transfers ownership of, or grants any licence in, Confidential Information.
Damages may not be an adequate remedy for a breach of this section, so either of us may seek an injunction or other equitable relief without having to prove financial loss and without providing security, in addition to any other remedy available.
Intellectual property
Ours
All intellectual property rights in the Service — including the software, its design, its user interface, its documentation, and the Ever names, logos and other brand features — are owned by Ever Co. LTD, a company registered in Israel under company number 515241842, with its registered office at HaAtsmaut 32/3, Ashdod 77452, Israel, or by its licensors.
Ever Technologies LTD operates the Service under licence from Ever Co. LTD. Your agreement for the Service is with Ever Technologies LTD, and Ever Technologies LTD is solely responsible to you for the Service under these Terms.
These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service while your subscription is in force and you comply with these Terms. They transfer no ownership. Any right not expressly granted is reserved. Separately licensed open-source components are governed by their own licences, as described above.
You must not remove, obscure or alter any proprietary notice in the Service, and you must not use our brand features except as permitted by these Terms or by our written permission.
Yours
You retain all rights in the content and data you submit to the Service. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and process that content solely to the extent necessary to provide, secure, maintain and support the Service for you, and to comply with our legal obligations. That licence ends when the content is deleted, except for copies retained in routine backups for the period described in our Privacy Policy, and except where we are required by law to retain it.
We will not use your content to train machine-learning models for our own purposes or for the benefit of other customers, except where you have expressly opted in.
Feedback
If you send us ideas, suggestions, feature requests, bug reports or any other comment about the Service, we may use them however we like — including building them into the Service and offering the result to everyone else — with no obligation to you and no payment. You grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, modify and exploit that feedback for any purpose, and you confirm you are free to give it to us without breaching anyone else's rights. Please do send it: we would rather hear it than not. But we cannot take feedback in confidence, so if an idea is one you want to keep, keep it — this section does not touch any other confidentiality obligation between us.
Publicity and customer references
We may say that you are a customer. That means we may use your name, trading name and logo — as they are ordinarily presented — on our websites, in customer lists, in presentations and in sales and marketing material, for the purpose of identifying you as a customer of the Service. Where you have published brand guidelines, or given them to us, we will follow them.
If you would rather we did not, write to [email protected] and we will stop. You do not need to give a reason, and we will take you out of the material we control within a reasonable period. We will not recall material that has already been printed or distributed, but we will not produce any more of it.
Anything beyond that plain identification needs your prior written consent, which is yours to give or withhold as you see fit. That includes a case study, a quotation attributed to you or to one of your people, a press release, a joint announcement, a logo in paid advertising, and any statement about what you use the Service for or what results you got from it.
You may say that you use the Service and refer to it by name for that purpose. Beyond what this section allows, neither of us gets any right in the other's trade marks, logos or brand features, and each of us keeps ownership of our own.
Term, suspension and termination
How long this agreement lasts
These Terms start when you first accept them or first use the Service, whichever happens sooner, and they continue for as long as you hold an account or a subscription with us.
Where you pay for the Service, the term of your subscription is the period you have paid for, and it renews as described in the refunds and cancellation section above. Where you use the Service free of charge, on a trial, or in beta or preview, the term runs until you or we close the account.
You can end it
You may cancel at any time from your account settings, or by writing to [email protected]. Cancellation takes effect at the end of the period you have already paid for, and your access continues until then. You do not need a reason and there is no exit fee.
You may also terminate immediately if we are in material breach of these Terms and have not fixed it within thirty (30) days of your written notice describing the breach.
We can end it for breach
We may terminate these Terms and your account if you are in material breach and have not fixed it within thirty (30) days of our written notice. We may terminate immediately, without a cure period, where the breach cannot sensibly be cured — for example a serious breach of our Acceptable Use Policy, an attack on the Service, or use of the Service to commit a crime.
We will not terminate a paid subscription part-way through its term for our own convenience. If we stop offering the Service or a material paid feature, the modification and discontinuation section below governs what happens, including the refund you get.
We may close a free, trial, beta or preview account at any time on reasonable notice, and immediately where the account is being abused.
Suspension
We may suspend your access, or the access of a particular user, immediately where:
- you breach the Acceptable Use Policy, or the Service is being used to harm someone else;
- there is a security risk to the Service, to your data or to another customer's data;
- an invoice is overdue and remains unpaid after we have asked you to pay it and given you a further fourteen (14) days; or
- the law, a court, a regulator or a sanctions or trade-control obligation requires us to.
We will tell you before we suspend where that is practicable, and as soon as possible afterwards where it is not. We will suspend no more than we need to — a single user, a single feature or a single workspace rather than your whole account, where that resolves the problem. We will restore access once the cause is resolved.
Suspension does not stop your fees running. A suspended period is still part of your paid term and is not refunded, unless the suspension turned out to be our mistake.
What happens when it ends
When these Terms end, for any reason:
- your right to use the Service ends, along with every licence we granted you under these Terms, and accounts, workspaces and API credentials stop working;
- fees that were already due stay payable, and fees for a period already served are not refunded;
- you get no refund except where our Refund Policy or another section of these Terms expressly gives you one; and
- you can export your data for a limited period, on the terms in the next section.
The licence you granted us to host and process your content ends at the same time, apart from the copies described in the intellectual property and data export sections.
What survives
These sections continue to apply after termination, for as long as they are relevant: definitions and interpretation; fees already accrued; intellectual property; confidentiality; data export after termination; warranties and disclaimer; limitation of liability; indemnification; compliance, export controls and sanctions; governing law and venue; notices; and this general section. Any other provision that by its nature is meant to outlast the agreement also survives.
Getting your data out after termination
You have thirty (30) days from the day your subscription or account ends to export your data. We keep your content available for that window and then delete it. This section says exactly what that means, so you can plan around real dates rather than a promise to be reasonable.
The window
The 30 days run from the effective date of termination or expiry — the day your access to the Service ends, not the day you gave notice. During the window the account is limited: you can sign in and export, but you cannot use the Service normally, and the account will not accept new data.
Do not rely on the window. Export before you cancel. It is the only period in which we guarantee your data is still there, and thirty days is not long if the person who held the admin account has left.
How to export
Three routes, and you may use any of them:
- From the product. Where the product provides a self-service export, it is in your account or workspace settings. This is the fastest route and it works throughout the window.
- Through our API. Your existing credentials keep working for export purposes for the whole window. The endpoints are in the product documentation.
- By asking us. Write to [email protected] from the account's registered address. We will acknowledge within five (5) business days and deliver the export within thirty (30) days of your request. A request made inside the window is honoured even if the export itself is delivered after the window has closed — so a request on day 29 is a valid request.
Exports contain your account records and your workspace content in a structured, commonly used, machine-readable format (CSV or JSON), together with any files you uploaded in the format we hold them. They do not contain our internal system and security logs, data derived by us that is not your content, or anything belonging to another customer.
After the window
Once the 30 days close, we delete your content from our live systems on our normal schedule, which completes within a further thirty (30) days. That deletion is permanent and we cannot reverse it.
Backups are different, and we will not pretend otherwise. We take backups for operational continuity and they are rotated on their own cycle. We do not surgically remove one customer's records from a backup set that already exists — doing so would compromise the integrity of the backup. Your data therefore persists in backups until those backups age out and are overwritten in the ordinary rotation. While they exist, backups are encrypted, access-controlled, and restored only as a whole in a disaster-recovery event. The backup retention period for the Service is stated in our Privacy Policy.
What we keep, and why
We retain, beyond the periods above, only what we have to:
- billing, invoicing and tax records, for the period the law requires us to keep them;
- records needed to establish, exercise or defend a legal claim, for as long as that claim is live or could still be brought;
- security and audit logs, for the periods set out in our Privacy Policy; and
- anything a law, court order or regulator requires us to preserve.
We do not keep your content for any other purpose, and we do not use retained copies to provide the Service to anyone else.
Where we terminated for non-payment or abuse
If we terminated or suspended your account for unpaid fees or for a breach of the Acceptable Use Policy, we may withhold the export until the breach is remedied or the outstanding amount is paid. We will tell you what is required and we will not use this as a way to keep your data.
This never affects anyone's rights under data-protection law. An individual's right to obtain a copy of their own personal data does not depend on your account being in good standing. Those requests go to [email protected] and we honour them regardless of the state of the account.
Where we act as your processor
For personal data that you control and we merely process on your behalf — including employee monitoring data, where the customer is the controller and we are the processor — deletion and return are governed by our Data Processing Addendum and by your documented instructions. Where the Addendum and this section differ on that data, the Addendum applies.
Warranties and disclaimer
We warrant only that we will provide the Service with reasonable skill and care, and that we will not knowingly introduce malicious code into it.
Beyond that limited warranty, and to the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranty of any kind. We expressly disclaim all other warranties, conditions, representations and terms, whether express, implied or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement, and any warranty arising from a course of dealing or usage of trade.
In particular, and without limiting the above, we do not warrant that:
- the Service will be uninterrupted, timely, secure or error-free;
- defects will be corrected, or corrected within any particular period;
- the Service will meet your requirements or expectations, or produce any particular result;
- data or output produced by the Service will be accurate, complete or reliable;
- the Service will operate with any third-party product, service or integration you choose to use with it; or
- the Service will be available in, or lawful to use in, any particular jurisdiction.
No service level commitment applies unless we have separately agreed one with you in a written service level agreement that expressly refers to these Terms. Uptime figures, roadmap statements, benchmarks and support response times published on our websites or given in sales discussions are informational and do not create any commitment.
Free, trial, evaluation, beta, preview and early-access features carry no warranty at all. They are provided for your evaluation, may be changed or withdrawn at any time without notice, may not be supported, and may not perform as documented. Do not use them for anything you cannot afford to lose.
You are responsible for your own backups. We maintain backups for our own operational continuity, and you should not treat them as a substitute for retaining your own copies of your data.
Nothing in this section limits any warranty or right that cannot lawfully be excluded. If you are a consumer, your statutory rights are unaffected by this section.
Indemnification
This section runs both ways. We cover you if someone claims our software infringes their rights; you cover us if the claim comes out of your data or your use of the Service.
What we cover
We will defend you against a third-party claim that the Service, as we supply it, infringes that party's patent, copyright, trade mark, database right or trade secret, and we will pay the damages finally awarded against you on that claim, or the settlement amount we agree.
That is conditional on you:
- telling us in writing promptly once you know about the claim — late notice only reduces our obligation to the extent the delay actually harmed our ability to defend;
- letting us take sole control of the defence and of any settlement; and
- giving us reasonable co-operation, information and authority to run the defence, at our expense.
We will not settle on terms that admit fault on your part, impose a payment on you that we do not cover, or require you to do something other than stop using the infringing part, unless you agree.
What we do not cover
We owe you nothing under this section where the claim arises from:
- any change to the Service made by anyone other than us;
- combining the Service with hardware, software, data, models or services we did not supply, where the claim would not have arisen without the combination;
- your Customer Data, or your instructions, designs or specifications;
- use of the Service in breach of these Terms, the Acceptable Use Policy or the documentation;
- your continued use of an allegedly infringing version after we have provided a non-infringing replacement and asked you to switch;
- a free, trial, evaluation, beta, preview or early-access offering, which carries no indemnity from us at all; or
- separately licensed open-source components, which come with their own licences and their own disclaimers.
What we will do about it
If the Service is held to infringe, or we think it might be, we may at our own cost and at our option:
- obtain the right for you to keep using it;
- modify or replace it so that it no longer infringes, without materially reducing what it does; or
- if neither of those is available on commercially reasonable terms, terminate the affected part of the Service and refund the unused portion of any fees you have prepaid for it.
Those remedies, together with the defence and payment above, are the whole of our liability, and your only remedy, for any claim that the Service infringes someone's intellectual property.
What you cover
You will defend us, and pay the damages finally awarded or agreed in settlement, against any third-party claim arising from:
- your Customer Data — including a claim that it infringes intellectual property, breaches privacy or publicity rights, is unlawful, or was collected or used without a proper basis;
- your use of the Service in breach of these Terms, the Acceptable Use Policy or applicable law; and
- your breach of the representations and warranties you give us in our Data Processing Addendum, including those about lawful basis, notices to the people whose data you process, impact assessments, and consultation with employee representatives or works councils.
The same conditions apply in reverse: we will notify you promptly, let you control the defence, and co-operate at your expense. We will not settle without your agreement on the terms described above.
Your obligations under this section are not subject to the cap in the limitation of liability section. Ours are, except where the law does not permit that.
If you are a consumer
If you are dealing with us as a consumer rather than for purposes related to your trade, business, craft or profession, the indemnity you would otherwise give us in this section does not apply to you. Our indemnity to you is unaffected, and so are your statutory rights.
Limitation of liability
Please read this section carefully. It limits what we can be held liable for.
Damages we exclude entirely
To the fullest extent permitted by law, we will not be liable for any indirect, consequential, incidental, special, exemplary or punitive damages, and we will not be liable — whether the claim is framed as direct or indirect — for:
- loss of profits, revenue, business, contracts, anticipated savings or opportunity;
- loss of goodwill or reputational harm;
- loss, corruption or inaccuracy of data, or the cost of recovering or reconstructing it;
- business interruption, or the cost of substitute goods or services;
- any liability you incur to your own customers, clients, personnel or other third parties.
This applies however the liability arises — contract, tort (including negligence), breach of statutory duty, restitution or otherwise — and whether or not we were advised that such loss was possible.
Cap on everything else
Our total aggregate liability arising out of or in connection with these Terms and the Service, for all claims taken together, is limited to the total fees you actually paid us for the Service in the twelve (12) months immediately before the event giving rise to the claim.
Where you use the Service on a free, trial, evaluation, beta or preview basis, our total aggregate liability is limited to one hundred euros (EUR 100). No fees paid means no fees to measure a cap against, and we make free access available on that footing.
What this section does not limit
Nothing in these Terms excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- gross negligence or wilful misconduct; or
- any other liability that cannot lawfully be excluded or limited.
If you are a consumer
If you are dealing with us as a consumer rather than for purposes related to your trade, business, craft or profession, this section applies to you only so far as the law permits. Your mandatory statutory rights, and any remedy the law gives you that cannot be excluded or limited by agreement, are unaffected. Where a limitation in this section would be unfair or unenforceable against you as a consumer, it does not apply to you, and the remainder of this section continues in force.
Allocation of risk
You acknowledge that the fees for the Service reflect this allocation of risk, that these limits are a fundamental basis of the bargain between us, and that they apply even if a limited remedy is found to have failed of its essential purpose.
Compliance, export controls and sanctions
Each of us will comply with the laws that apply to it in performing under these Terms. You are responsible for the lawfulness of what you do with the Service, including in any country where your users are located.
Sanctions and restricted parties
You confirm, each time you use the Service, that:
- you are not named on, and are not owned or controlled by or acting for anyone named on, a sanctions or restricted-party list maintained by the European Union, the United Nations, the United Kingdom or the United States;
- you are not established, located or ordinarily resident in a country or territory subject to comprehensive sanctions or embargo; and
- you will not give access to the Service to anyone who falls into either category.
Tell us promptly if any of that stops being true.
Export and trade controls
You will not export, re-export, transfer or make the Service or its output available in breach of export control, sanctions or trade law. You will not use the Service in connection with the development or production of weapons, or for any other end use that those laws restrict.
Where a sanctions or trade-control obligation requires it, we will suspend or terminate your access immediately and without liability to you. We will tell you what has happened as far as the law allows us to.
Bribery and corruption
Neither of us will offer, give, request or accept a bribe, kickback or other improper payment or advantage in connection with these Terms, and each of us will comply with the anti-bribery and anti-corruption laws that apply to it.
Changing and discontinuing the Service
The Service is software we develop continuously. We add features, improve them, replace them and occasionally remove them. Most of those changes make the Service better and we make them without notice. Some do not, and this section says what we owe you when they do not.
Material adverse changes to a paid feature
Where we intend to make a change that materially reduces a feature you pay for, we will give you at least thirty (30) days' notice before it takes effect, by email to your account address or by a notice inside the product.
We may act faster than that where we have to — to close a security vulnerability, to comply with the law or a regulator, or because a third party we depend on has withdrawn something at short notice. In those cases we will give as much notice as the circumstances allow, and explain why.
If we discontinue a material paid feature mid-term
If we withdraw a material feature you have prepaid for, or the Service itself, before the end of your paid term, we will refund the unused portion of what you prepaid for the affected part, calculated pro rata from the date the feature stops working.
That refund is deliberate. Reserving the right to change what we sell is only fair if we hand back the money for what we no longer deliver. It is also bounded: the pro-rata refund is your only remedy for a discontinuation, and we are not liable for any other loss you suffer because a feature went away. If you would rather not continue at all, you may terminate the affected subscription when the notice period expires.
Free, trial, beta and preview
Anything provided free of charge, on trial, or as a beta, preview or early-access feature may be changed or withdrawn at any time, without notice and without compensation. There are no fees to refund, and this is part of what you accept in exchange for using it without paying.
APIs and integrations
Where we deprecate an API endpoint, a data format or an integration that you build against, we will give reasonable notice and, where it is practicable, keep the previous version working for a transition period. Deprecation notices are published in the product documentation.
Roadmaps are not promises
Nothing we say about future features — on our websites, in a roadmap, in a support conversation or in a sales discussion — is a commitment to build anything or to keep anything. Buy the Service for what it does today.
Changes to these Terms
We will change these Terms from time to time — because the Service changes, because the law changes, or because something here turned out to be unclear. Every version carries a version number and an effective date, printed at the top of the document. This one is version 1.0.0, in force from 2026-08-02.
Changes that take effect immediately
Corrections, clarifications, formatting, new contact details, and terms covering a new feature you are not using take effect when we publish them. So does any change we are required to make with immediate effect by law, a court or a regulator.
Material changes: thirty days' notice
For any change that materially affects your rights or obligations, we will give you at least thirty (30) days' notice before the new version takes effect. That includes changes to fees and billing, to the limitation of liability, to the indemnities, to governing law and venue, and to how we may suspend or terminate your account.
We give that notice by email to the address on your account, by a notice inside the product, or both. If you do not have an account with us, we give it by publishing the new version with its effective date before it applies.
Your choice
If you keep using the Service on or after the effective date, you accept the new version. If you do not want it, terminate before that date — from your account settings or by writing to [email protected]. If you terminate because you object to a material change, we will refund the unused portion of any period you have already paid for, calculated pro rata from the date your access ends.
Where a change is significant enough that continued use is not a fair way to establish agreement, we will ask you to accept the new version explicitly the next time you sign in, and you will not be able to continue until you do.
A change never applies retrospectively to a dispute that had already arisen before it took effect.
Every version stays available
We keep an archive of every version we have published, with its effective date, linked from each document. You can always see which text was in force on a given date, and read the version you actually agreed to: https://ever.works/tos.
When you accept these Terms we record which version you accepted, when, and a fingerprint of the exact text — so that neither of us has to rely on memory about what was on the page that day.
If you are a consumer
If you are a consumer, nothing in this section obliges you to accept a change. You may reject it and stop using the Service, with the refund described above, and your statutory rights are unaffected.
Force majeure
Neither of us is liable for failing to perform, or for being late in performing, where the cause is outside our reasonable control.
That includes natural disaster, fire, flood, extreme weather, epidemic, war, terrorism, civil unrest, industrial action other than by our own workforce, an act or order of a government or regulator, failure of electricity, cooling or telecommunications supply, failure or degradation of the public internet or of a transit, peering or DNS provider, a large-scale cyber attack including denial of service, and the failure, interruption or withdrawal of a third-party provider we depend on.
The affected party must tell the other without undue delay, take reasonable steps to limit the effect, and resume performance as soon as it reasonably can.
Your obligation to pay is not excused. Fees for a period already served remain payable.
If the event continues for more than thirty (30) consecutive days, either of us may terminate the affected subscription on written notice, and we will refund the unused portion of any period you have prepaid for it.
Assignment and change of control
You
You may not assign, transfer, novate, charge or otherwise deal with these Terms, or any of your rights or obligations under them, without our prior written consent. We will not withhold or delay that consent unreasonably.
You may, on written notice to us and without our consent, transfer these Terms to a successor of the whole of your business, or of the part of it that uses the Service, following a merger, an acquisition or a sale of substantially all of your assets — provided the successor agrees in writing to be bound by these Terms and no fees are outstanding.
Us
We may assign or transfer these Terms, in whole or in part:
- to an affiliate; or
- in connection with a merger, acquisition, corporate reorganisation or a sale of all or substantially all of our assets or of the business line that provides the Service.
We do not need your consent to do that, but we will tell you, and the transferee takes on our obligations to you under these Terms in full. If you are a consumer and a transfer by us would leave you worse off, you may terminate and we will refund the unused portion of any period you have prepaid.
Both of us
Any purported assignment in breach of this section is void. An assignment does not release either of us from an obligation that had already accrued before it took effect. Subject to all of the above, these Terms bind and benefit each party's permitted successors and assigns.
Sub-contracting part of the Service to a supplier is not an assignment. We remain responsible to you for the Service, and our use of sub-processors for personal data is governed by our Data Processing Addendum and our published sub-processor list.
Governing law and where disputes are heard
These Terms, and any dispute or claim arising out of or in connection with them or with the Service — including a non-contractual one — are governed by the laws of the Republic of Bulgaria, without regard to its conflict-of-law rules.
The exclusive forum for any such dispute or claim is the competent courts of Sofia, Bulgaria, and both of us submit to that jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Either of us may still apply to any court of competent jurisdiction for urgent interim or injunctive relief — for example to stop an infringement of intellectual property or a misuse of confidential information — without that being a breach of this section.
There is no arbitration clause and no class-action waiver in these Terms. We have not asked you to give up the right to go to court, or to bring a claim together with other people.
If you are a consumer
If you are dealing with us as a consumer rather than for purposes related to your trade, business, craft or profession, this section does not take anything away from you.
- You keep the protection of the mandatory rules of the law of the country where you habitually live. Where those rules give you more than the laws of the Republic of Bulgaria does, they win.
- You may bring proceedings against us either in the competent courts of Sofia, Bulgaria or in the courts of the country where you live.
- We will bring proceedings against you only in the courts of the country where you live.
Complaints, and out-of-court routes
Please tell us first. Write to [email protected] with what went wrong and what you would like us to do. Most disputes end there, and it costs you nothing to try.
We are not currently committed to using any particular alternative dispute resolution body, and we are not obliged to use one. If you ask us to resolve a dispute through an ADR or mediation body, we will consider the request in good faith and tell you whether we agree.
If you are a consumer, you can also approach the consumer protection authority or the recognised consumer ADR body in your own country. The European Commission's online dispute resolution platform closed on 20 July 2025, so there is no longer an EU-wide online form for this — the route now runs through your national body.
For a complaint about how we handle personal data, write to [email protected]. You may also complain to our lead supervisory authority, the Commission for Personal Data Protection (Комисия за защита на личните данни) (CPDP) — https://www.cpdp.bg/ — or to the data protection authority in the country where you live or work. Doing so does not affect any other remedy you have.
Notices
How we contact you
We give you notice in one of three ways:
- by email, to the address registered on your account;
- inside the product, as a banner, a message or a prompt you have to acknowledge; or
- by publishing it, where the notice applies to everyone — for example a new version of these Terms or of a policy — with its effective date shown on the page.
Keep the email address on your account current, and make sure someone reads it. A notice sent to the address you gave us counts as given, even if the person who set up the account has left. If your billing and technical contacts are different people, tell us, and we will use the right one.
How you contact us
For anything to do with these Terms, write to [email protected].
A formal legal notice — terminating for breach, notifying a breach, making a claim, or invoking the indemnification section — must be in writing and sent to [email protected]. If you want the notice to be beyond argument, send a copy by post as well, to Ever Technologies LTD, Mladost 2, bl. 211, ent. A, Sofia 1799, Bulgaria.
A support ticket, a chat message, a social media post or a comment inside the product is not a formal legal notice, and neither is an email to an individual employee's personal work address.
Privacy and data-protection matters go to [email protected]; abuse and security reports go to [email protected]. Those addresses are monitored, and using them gets you a faster answer than the legal address will.
When a notice counts as received
- Email — on the day it is sent, if that is a business day where the recipient is and it was sent before 17:00 local time; otherwise on the next business day. This does not apply if the sender receives a bounce or other non-delivery report.
- Inside the product — when it is first displayed to you.
- Published — on the effective date stated on the page, or on the date of publication if none is stated.
- Post — on delivery, where a signature or delivery confirmation is obtained; otherwise on the fifth business day after posting.
Notices must be in English.
General
Entire agreement
These Terms, together with the documents they incorporate, are the whole agreement between us about the Service, and they replace anything said or written before. Neither of us has relied on any statement, promise or representation that is not written down here. Nothing in this paragraph limits liability for fraud or fraudulent misrepresentation, and if you are a consumer it does not affect your statutory rights.
Which document wins
With several documents in play, conflicts happen. Where two of them genuinely contradict each other, the higher one on this list applies:
- an order form or other agreement that we have both signed and that expressly varies these Terms;
- our Data Processing Addendum, on any question about the processing of personal data;
- the annex for the product you are using, which is specific to that product and may add to or change these Terms for it;
- these Terms; and
- our Acceptable Use Policy, Refund Policy, Privacy Policy, Cookie Policy and any other policy incorporated by reference.
A document is only "in conflict" if both cannot be true at once. A term that adds something is not a conflict.
Severability
If any provision of these Terms is held to be invalid or unenforceable, it is treated as modified to the smallest extent needed to make it valid, and if that is not possible it is severed. Everything else continues in force.
No waiver
If either of us delays or fails to enforce a right, that is not a waiver of it. A waiver only counts if it is in writing, and it applies only to the occasion it was given for. Exercising a right once or in part does not prevent exercising it again or in full.
Nobody else can enforce these Terms
These Terms are between you and us. No one else has any right to enforce any part of them, and we do not need anyone else's consent to vary or terminate them.
We are independent of each other
We are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between us, and neither of us may bind the other or hold itself out as able to.
How to read these Terms
Headings are there to help you find things and do not affect meaning. "Including" and "for example" never limit what comes before them. The singular includes the plural and the other way round. A reference to writing includes email.
Acceptance, signature and records
You may accept these Terms by clicking to accept, by signing electronically, or by using the Service — each is as valid as a signature on paper, and you agree not to challenge validity on the ground that acceptance was electronic. These Terms may be signed in counterparts, and an electronic or scanned copy counts as an original.
We keep a record of your acceptance, including the version, the date and a fingerprint of the exact text you accepted.
Language
The English version of these Terms is the authoritative one. We may publish translations to help you read them, but a translation is a convenience only, and where it differs from the English text the English text applies.
How to reach us
Write to a person, not a form. These addresses are monitored and we answer them.
- Contracts, these Terms, formal legal notices — [email protected]
- Privacy, data protection, and requests about your personal data — [email protected]
- Abuse, security reports, and anything harmful you find on the Service — [email protected]
By post: Ever Technologies LTD, Mladost 2, bl. 211, ent. A, Sofia 1799, Bulgaria — registered in Bulgaria under company number 204599535.
We correspond in English.
This document is version 1.0.0 of the Terms of Service for ever.works, in force from 2026-08-02. Earlier versions, with the dates they applied, are at https://ever.works/tos.