01Agreement to these Terms
In short
By using EvadeGPT or buying a plan, you agree to these Terms and our Privacy Policy. If you do not agree, do not use EvadeGPT.These Terms of Service ("Terms") are a binding agreement between you and EvadeGPTAI ("EvadeGPT", "we", "us" or "our"), based in Sydney, New South Wales, Australia. They cover your use of the EvadeGPT website, apps, tools, integrations and support (together, the "Services").
You accept these Terms when you create an account, use the Services, or buy a plan or add-on. At checkout you confirm your acceptance by ticking the box next to these Terms, and we keep a record of that acceptance, including the date and time, the version of these Terms, your IP address and your browser's user agent. If you do not agree to these Terms, do not use the Services.
These Terms include, by reference: our Privacy Policy; the plan, price and offer details shown on the pricing page and at checkout; and any rules shown with a particular feature, promotion, reward, referral or affiliate program, or developer tool ("supplemental terms"). If supplemental terms conflict with these Terms, the supplemental terms apply, but only to that feature or offer.
These Terms are written in English and are shown in English in every language setting. Any translation of the Services is for convenience only, and the English version governs if there is a difference.
The "In short" summaries help you read these Terms. They do not replace the full text, and if a summary and the full text differ, the full text applies.
02Changes to these Terms
In short
We may update these Terms. Important changes to paid plans are announced in advance, and you can cancel if you disagree.We may change these Terms to reflect changes to the Services, the law or our business. When we do, we post the new version on this page and update the date at the top. Changes apply to your use of the Services from the time they are posted, and continuing to use the Services after that means you accept them.
If a change materially affects a paid plan you hold, such as its points, limits or billing terms, we will tell you by email or in the product at least 14 days before it applies to you. Price increases follow the notice rule in Payments, renewals and taxes. If you do not agree with a change, you can cancel before it applies to you.
A change does not apply to a dispute that arose before the change was posted.
03Who may use EvadeGPT
In short
EvadeGPT is for adults. Under-18s need a parent or guardian involved, and a parent or guardian must make or approve any purchase.The Services are intended for adults. If you are under 18, you may use them only with a parent or guardian involved and where local law permits. The Services are not directed at children under 13.
Purchases by anyone under 18 must be made or approved by a parent or guardian. A parent or guardian who allows a minor to buy or use a paid plan accepts these Terms on the minor's behalf and is responsible for all charges and for the minor's use of the Services.
You must be legally able to enter into these Terms, and you must not use the Services if the laws that apply to you prohibit it.
04Your account
In short
One person per account, accurate details, no sharing or reselling, and no extra accounts to get free points or offers again.- Give accurate, current information when you sign up and when you pay, and keep it up to date.
- Each account is for one person. Do not share your login, let other people use your account, or sell, rent, transfer or give away an account or its points.
- Do not create or use more than one account to get free points, a $1 offer, rewards or any other promotion more than once, including by using different email addresses, devices or payment methods. We may treat accounts that we reasonably believe belong to the same person as one account for these rules.
- You are responsible for everything done through your account, including points spent and purchases made, until you tell us that someone has accessed it without your permission.
- Keep your password safe, and contact us straight away if you think someone else has accessed your account.
- We may refuse a sign-up, or ask you to verify your identity or payment details, where we reasonably need to in order to prevent fraud or abuse.
05What EvadeGPT does
In short
AI tools for rewriting, checking and writing text, plus chat. They run on third-party AI models, and features change over time.EvadeGPT provides AI writing and study tools, including a humanizer that rewrites text, an AI detector that estimates whether text was written by AI, writing tools and an AI chat assistant (EveChat), together with related features and support.
To produce results, the Services send the text and files needed for each request to third-party AI model providers, which process them and return a result. We design the prompts, settings and product around those models, but we do not control the models themselves, and results can vary from one run to the next.
We add, change and remove features, models and limits over time. Some features may be labelled as a preview, beta or early access. They may change or stop at any time and may have extra rules that are shown when you use them.
06Plans, points and limits
In short
Each paid plan includes a points allowance for each billing period, shown below. Unlimited has monthly fair-use limits instead of points.The features, points and limits of each plan are shown on the pricing page and at checkout, and those details form part of these Terms. The table below shows the points each paid plan includes.
| Plan | Weekly billing | Monthly or yearly billing | During a $1 offer |
|---|---|---|---|
| Lite | 1,500 points a week | 5,000 points a month | 1,500 points |
| Basic | 4,000 points a week | 15,000 points a month | 3,000 points |
| Pro | 19,000 points a week (12,500 if your subscription is charged in a regionally discounted currency) | 75,000 points a month (50,000 if your subscription is charged in a regionally discounted currency) | 5,000 points |
| Unlimited | Not offered | No points needed for most tools; monthly fair-use limits apply | Not offered |
Yearly plans are billed once a year and come with the monthly allowance shown, refreshed each month. They do not grant twelve months of points at once.
During a $1 offer you never receive more than the plan would normally give for that period.
Not every plan or billing interval is offered in every country, and prices vary by country and currency. The plans available to you are the ones shown on the pricing page. The Pro allowance depends on the currency your subscription is charged in, not on where you live.
Free
A free account gets 150 points once, at sign-up, which can be used on the Lite humanizer model and the AI detector, and 5 EveChat messages per account, ever. These do not refill. Other tools need a paid plan.
Unlimited and fair use
Unlimited does not spend points on most tools. Instead, each tool has a monthly fair-use limit, for example on how many words each humanizer model can process and on the number of AI detector scans, document uploads and Writer words. The limits are set far above typical individual use and reset at the start of each month. When you reach one, the product tells you, and that tool is paused on your account until the limit resets.
Unlimited, and any description of a plan as "unlimited", does not permit automated extraction, account sharing, resale or use that disrupts the Services for others. We may adjust fair-use limits to protect the Services. If we materially reduce them, we will tell you in advance and you may cancel before your next renewal.
Other limits
Every plan also has technical limits, such as the maximum number of words per request, which the product shows. We may apply reasonable rate limits to protect availability and prevent abuse.
07How points work
In short
Points are a usage allowance, not money. They top up each period instead of piling up, and they end when your paid plan ends.Points measure your use of the Services. Tools spend points at the rates shown in the product. For the main tools, the rates are:
| Tool | Points | Available on |
|---|---|---|
| Humanizer, Lite model | 1 point per input word | All plans, including Free |
| Humanizer, Standard model | 5 points per input word | Lite plan and above |
| Humanizer, Ultra model | 10 points per input word | Basic plan and above (the Lite plan includes a one-time try of 250 words at no points cost) |
| AI detector | 1 point per input word (at least 1 point per scan) | All plans, including Free |
Unlimited does not spend points on these tools; monthly fair-use limits apply instead. Other tools spend points at the rates shown in the product before or when you use them.
- Points have no cash value. They cannot be sold, transferred, exchanged for money or redeemed for anything other than use of the Services, and they are not your property.
- Each paid billing period brings your balance up to your plan's allowance for that period. The allowance is not added on top of unused points.
- Once a month, a paid balance above your plan's allowance (plus any Overclock add-on) is reduced to that allowance. Unused points therefore do not build up from one period to the next.
- When a paid subscription ends, your balance is reduced to no more than the Free amount of 150 points.
- If a paid run fails, the points for it may be returned to your balance. Returning points is not a refund of any payment.
- We may also give points through promotions, rewards, check-ins, quests or referrals. Those points follow these rules and any rules shown with the offer. We may remove points that were obtained in breach of these Terms, through a technical error, or with a payment that is later reversed or disputed.
08Payments, renewals and taxes
In short
Subscriptions renew automatically and are charged in advance until you cancel. Upgrades are charged straight away.- Recurring billing. Paid plans are subscriptions billed in advance each week, month or year, depending on the plan you choose. By subscribing, you authorise us and our payment processor to charge your payment method at the start of each billing period, at the price that applies at that time, until you cancel.
- Payment processor. Payments are processed by Stripe. We do not receive or store your full card number. You must only use a payment method you are authorised to use.
- Currency and taxes. Prices are charged in the currency shown at checkout. Any taxes that apply are included or added as shown at checkout. Your bank may charge its own fees, such as foreign transaction fees, which we do not control.
- Add-ons. Optional add-ons, such as Overclock extra points, are billed with your plan on the same schedule until you remove them or cancel. If you add one part way through a period, you are charged for the rest of that period straight away and receive points in proportion to the time left. If you remove one, it ends without a refund and points already given stay on your balance.
- Plan changes. Moving to a higher plan, or to yearly billing, takes effect and is charged straight away, with credit for the unused part of your current period. Moving to a lower plan, or from yearly to monthly billing, takes effect at the end of the current period.
- Failed payments. If a payment fails, we or our payment processor may retry it, and we may pause paid features until it succeeds. If it still fails, your subscription may end.
- Price changes. We may change prices for new purchases at any time. For an existing subscription, we will give you at least 30 days' notice by email before a price increase applies to your renewal, and you can cancel before it applies.
- Promotions. Discounts, codes and offers apply only as stated with them, to the customers and for the period stated, and cannot be combined unless we say so.
- Errors and refused orders. If a price or offer is shown in error, for example because of a technical fault, we may cancel the order. If we find the error after you have paid, we will tell you and let you choose between paying the correct price and cancelling the order with a refund of what you paid for it. We may refuse or cancel any order where we reasonably suspect fraud, abuse or a breach of these Terms.
09$1 introductory offers
In short
A $1 offer is a short paid start to a normal subscription, once per account. The full price is charged automatically unless you cancel first.From time to time we offer a paid plan for $1 (or the equivalent amount in your currency, as shown at checkout) for a short first period. These offers are the start of a normal recurring subscription, not a free trial. Checkout shows the $1 price, when the full price will be charged and what the full price is before you pay.
The two offers
- $1 first week. For weekly Lite, Basic or Pro plans. You pay $1 for the first week. One week after you buy, the full weekly price is charged automatically, and then every week until you cancel.
- $1 for 3 days. For weekly or monthly Lite, Basic or Pro plans. You pay $1 for the first 3 days. On day 3, the full price of the billing period you chose (a week or a month) is charged automatically, and then the same price every period until you cancel. Your billing period starts on the day of that full charge. The $1 is a separate charge: it is not credited against the full price, and the first full period is not shortened or prorated.
Who can use them
- Each account can use a $1 offer once, ever. This limit is shared by every $1 offer, including any we send by email.
- The offers are only for accounts on the Free plan. They are not available to accounts that already have a paid plan, including during a $1 period, and they are not available for Unlimited or for yearly billing.
- An offer is available only while it is shown to you on the pricing page or in an email from us, and it may end at any time.
- Using more than one account, or someone else's account, to get a $1 offer again is a breach of these Terms. If we reasonably believe an offer was obtained that way, we may withdraw it, remove the points it provided and suspend the accounts involved.
Points during a $1 period
During a $1 period you receive a reduced points allowance: 1,500 points on Lite, 3,000 on Basic and 5,000 on Pro, and never more than the plan's normal allowance for that period. When the first full-price payment succeeds, your balance is brought up to the plan's full allowance for that billing period.
If you want the full allowance straight away, choose Start full plan now during your $1 period. You are then charged the full price of your plan's billing period immediately, your $1 period ends, and you receive the full allowance for the new period.
Cancelling during a $1 period
To avoid the full charge, cancel on your account page before it is due: before the end of the first week for $1 first week, or before day 3 for $1 for 3 days. Your $1 period and its paid features end as soon as you cancel, and you are not charged again. The $1 payment itself is final, as explained in Cancellation.
10Cancellation
In short
Paid plans and purchases are final. Cancel any time before renewal to avoid the next charge; cancelling does not refund the current period. Your legal rights are not affected.All payments for subscriptions, add-ons, points and other digital services are final and non-refundable, including for unused time or points, renewals, upgrades, $1 offers and purchases made by mistake, except where this section or applicable law says otherwise. We do not offer a voluntary money-back guarantee. This policy applies to purchases made after it took effect; any earlier purchase remains subject to the terms presented when it was made. If you cancel during a $1 trial, the trial and its paid features end immediately.
You can cancel a subscription at any time on your account page. Cancellation stops future renewals, and access normally continues until the end of the period you have already paid for. Cancel before your next billing date to avoid another charge. Deleting the app, removing an integration or simply stopping use does not cancel a subscription. If you cannot access your account, contact us through the support page before your renewal date.
When a charge is not final
- The charge was not authorised by you, or by someone using your account or payment method with your permission.
- You were charged twice for the same purchase.
- You were charged after a cancellation had taken effect.
- A refund or other remedy is required by law, including under the consumer guarantees described below.
Contact us about any of these through the support page, and we will put it right once we have confirmed it. Points returned to your balance after a failed run are separate from a payment refund.
Your rights under consumer law
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that the law implies or imposes and that cannot lawfully be excluded or limited. This includes the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), and the consumer laws of the European Union, the United Kingdom and other countries.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
For further inquiries, contact Customer service.
11Pausing your subscription
In short
Monthly and weekly plans can pause for 30 days once every 6 months. The pause starts when your paid period ends. Resuming, or the pause ending, charges your plan price that day and makes it your new billing date.If your plan is billed monthly or weekly, you can pause it for 30 days instead of cancelling. You get one pause in each 6-month period, counted from your first paid subscription start. Replacing your subscription does not reset this allowance. A pause you do not use does not carry over. Yearly plans cannot be paused.
The pause starts when your current paid period ends, and the renewal due that day is skipped. Until then your plan works as usual, and you can call the pause off on your account page at no charge.
While your plan is paused, paid features are unavailable, your points balance is kept as it is and no new points are added.
You can resume at any time on your account page. If you resume early, or when the 30 days end, we charge your plan price that day, with any discount on your subscription still applied, and that day becomes your new billing date. Your new period then brings your plan's points exactly as a renewal does, as described in How points work: your balance is brought up to your plan's allowance for that period, and the points you had when the pause started count as unused points. If the charge does not go through, your plan stays paused until it does.
As set out in Cancellation, there are no refunds or credits for paused time or for the period that starts when your plan resumes.
12EU and UK right of withdrawal
In short
EU and UK consumers ask us to start their plan straight away, which limits the usual 14-day right to withdraw.If you are a consumer in the European Union, the European Economic Area or the United Kingdom, you normally have the right to withdraw from an online contract within 14 days without giving a reason.
Paid plans start immediately. At checkout you expressly request that we start providing the Services, including your points allowance, during the withdrawal period, and you acknowledge that: (a) once we start supplying digital content that is not on a physical medium, such as points and generated outputs, you lose your right of withdrawal for that content; and (b) if you withdraw from a service contract after asking us to start, you must pay an amount in proportion to what was provided before you told us you were withdrawing, and you lose the right of withdrawal once the service has been fully provided.
To use any withdrawal right you still have, tell us clearly within the withdrawal period through the support page or by email to support@evadegpt.ai. This section does not affect your rights if the Services are faulty or not as described.
13Payment disputes and chargebacks
In short
Contact us before disputing a charge with your bank. While a dispute is open, your account is paused, and we share our records with the payment processor.If you think a charge is wrong, contact us first through the support page or at support@evadegpt.ai. Most billing problems can be fixed quickly that way, including the cases listed in Cancellation.
If you or your bank open a dispute or chargeback on a payment to us:
- your account is paused while the dispute is open: you cannot run generations, and your points are frozen;
- your subscription is set not to renew, so you are not charged again; your current paid period is not cut short, and renewal is not turned back on if the dispute is resolved in our favour, but you can subscribe again;
- if the dispute is resolved in our favour, your access resumes and your points are unfrozen; and
- if the payment is reversed, we may remove the points and access it paid for and end the subscription it relates to.
To respond to a dispute, we may give our payment processor and the card issuer records about your account and its use. These can include your account details, the record of your acceptance of these Terms (with its date, Terms version, IP address and user agent), sign-in and activity logs with IP addresses, your points and generation history, emails we sent you and your support conversations. You agree that we may use these records for that purpose.
Disputing a charge that you, or someone using your account or payment method with your permission, authorised, and that was made in line with these Terms, is a breach of these Terms. In that case, and where the law allows, we may recover from you our reasonable costs of the dispute, including fees charged by our payment processor, and we may close your account. This does not stop you from disputing a charge that was unauthorised or incorrect, and it does not affect your rights under consumer law.
14Acceptable use
In short
Use EvadeGPT lawfully and for yourself. No scraping, reselling or abuse, and no using it to build or train competing AI or detection systems.You agree not to do any of the following, and not to help or allow anyone else to do them:
- use the Services to break any law or regulation, or to infringe anyone's rights, including intellectual property and privacy rights;
- create content that is defamatory, harassing or hateful, that sexually exploits minors, that incites violence or that is otherwise unlawful, or use the Services for spam, scams, phishing or deception that harms others;
- scrape, crawl or extract data, content or outputs from the Services, or access them with bots, scripts, headless browsers or other automation, except through an API or integration we offer and within its limits;
- copy, modify, decompile, disassemble or reverse engineer any part of the Services, or try to discover our source code, prompts, model settings or other non-public information, except where the law gives you a right to do so that cannot be excluded;
- get around, disable or interfere with any security feature, paywall, usage limit, points system, rate limit or access control, or exploit a bug or error for your benefit (please report it to us instead);
- use more than one account, or share, sell, rent or transfer accounts or points, to avoid limits or to get free points or offers more than once;
- resell, sublicense, rebrand or white-label the Services or their outputs, or provide them as a service to others, without our written permission;
- use the Services or any outputs to develop, train, fine-tune or distil any AI model, or to benchmark or analyse the Services in order to build or improve a product or service that competes with EvadeGPT;
- use the Services or any outputs to develop, train, test or improve any AI detector, AI watermarking, or content provenance or classification system designed to identify text produced by EvadeGPT;
- impersonate any person or organisation, or misrepresent your connection with anyone;
- abuse our support channels, including Eve Assistant, for example by submitting false reports or false refund or dispute claims, sending abusive messages, or trying to make an automated assistant give answers it should not;
- upload malware, or interfere with, overload or disrupt the Services, our providers or other users; or
- harass, threaten or abuse our staff or other users.
We may monitor use of the Services to enforce these rules, and we may remove content, limit features, or suspend or close accounts that break them, as described in Suspension and termination.
15Academic integrity and your responsibility
In short
You decide how to use outputs and must follow your school's or employer's rules. We do not guarantee any AI detection result.EvadeGPT is a writing and study aid. You are solely responsible for how you use the Services and their outputs, and for following the rules of your school, university, employer, publisher and any assessment or competition. Do not submit work as your own where those rules forbid it, fabricate citations or evidence, or use the Services to misrepresent authorship where that is not allowed.
AI detectors, including ours and those used by schools and employers, are inconsistent. They can give different results for the same text, change without notice and flag text written by people. We do not guarantee that any text, including text produced or checked by EvadeGPT, will pass, fail or receive any particular score from any detector, now or in the future.
Descriptions of our tools, such as "undetectable" or "bypasses AI detectors", describe what the tools are designed to do. They are not a promise about any particular text, detector or date. Where we show a result next to the name or logo of another detector, it is our estimate of how that detector may respond, not a result from that detector, unless we say otherwise.
To the extent the law allows, we are not responsible for academic, employment, disciplinary or other consequences of how you use outputs, including any finding about whether your work was written with AI.
16AI output
In short
AI makes mistakes. Check every output before you use it.Outputs are generated automatically and may be inaccurate, incomplete, biased, out of date or offensive, and may be similar to content produced for other users or found elsewhere. They are not professional advice of any kind, including legal, medical, financial or academic advice.
You must review, edit and fact-check outputs, including any citations, before you rely on or share them, and you are responsible for the content you choose to use. Because of how AI models work, the same input can produce different outputs, and we cannot guarantee that an output is unique or free of other people's rights.
17Your content
In short
You keep what you put in and what you get out. You give us the permission we need to run, secure and improve the Services.You keep ownership of the text, files and other material you submit ("Your Content"). As between you and us, and to the extent the law allows, you also own the outputs generated for you. We do not claim ownership of either.
You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, display and adapt Your Content and your outputs as needed to provide, secure, support and improve the Services, to enforce these Terms, to respond to disputes and to comply with the law. This includes sending them to the third-party providers that process requests for us. We do not use Your Content or your outputs to train AI models. This licence lasts for as long as we hold the content, as described in our Privacy Policy.
You are responsible for Your Content. You confirm that you have the rights needed to submit it, and that submitting and processing it does not break any law or infringe anyone's rights. Do not submit sensitive personal information about yourself or others, such as health or financial details, unless your request needs it.
We may review Your Content when needed for security, to investigate abuse or a dispute, to answer a support request you make, or to comply with the law, and we may remove or refuse to process content that breaks these Terms.
Keep your own copies of anything important. We do not promise to store Your Content or outputs, and saved history may be deleted under our retention practices or when you delete it.
18Feedback
In short
If you send us ideas or suggestions, we may use them freely.If you send us feedback, ideas or suggestions about the Services, you give us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without paying or crediting you. We do not have to use them or keep them confidential. This does not apply to Your Content that you submit for processing.
19Third-party services
In short
We rely on outside providers to run the Services. Their services can affect your results, and outside links are not ours.We use third-party providers to deliver the Services. They include AI model providers that process the text and files you submit to produce results, and providers of hosting, databases, payments, email, analytics and advertising. Their performance, safety controls and availability can affect your results, and we may change providers at any time. Our Privacy Policy explains how personal information is shared with them.
Some features let you use third-party services, such as signing in with Google or Facebook or paying through Stripe. Your use of those services is also governed by their own terms and policies. Links to outside websites do not mean that we control or endorse them, and we are not responsible for their content or practices.
20Eve Assistant and support
In short
Eve Assistant is automated and can be wrong. Only a written decision from our staff can grant an exception to these Terms.Our support page includes Eve Assistant, an automated assistant, and lets you open support tickets. Eve Assistant's answers are generated automatically from information that includes these Terms and our Privacy Policy, and they may be incomplete or wrong.
Answers from Eve Assistant are for information only. They are not an offer, a promise, a refund decision, a waiver or a change to these Terms, and these Terms apply if an answer conflicts with them. Only a written decision by a member of our staff, given in a support ticket or by email, can grant an exception to these Terms, and only for the case it describes.
We store support tickets and Eve Assistant conversations. We may use them to answer you, to improve our support, to keep a record of what was said and agreed, and as evidence in a dispute, as described in our Privacy Policy.
21Intellectual property
In short
EvadeGPT's brand, software and design belong to us. You get a personal licence to use the Services, nothing more.The Services, including the EvadeGPT name and logo, software, prompts, designs, text and other materials we provide (but not Your Content or your outputs), are owned by us or our licensors and protected by copyright, trade mark and other laws.
Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable and revocable licence to use the Services for your own personal or internal business purposes. All rights not expressly granted are reserved.
Other product and company names that appear on the Services, including names of AI detectors, may be trade marks of their owners. Their appearance does not mean that those owners endorse us or are affiliated with us.
If you believe content on the Services infringes your intellectual property, tell us at support@evadegpt.ai with enough detail for us to find the content and assess the claim.
22Suspension and termination
In short
We can pause or close accounts for fraud, abuse, payment disputes or serious breaches. You can cancel and leave at any time.We may suspend, restrict or close your account, or refuse service, if we reasonably believe that: you have breached these Terms in a material way or repeatedly; the account is being used for fraud, payment abuse, abuse of offers or points, or unlawful activity; a payment dispute or chargeback has been opened on the account, as described in Payment disputes and chargebacks; or we must do so to comply with the law or to protect users, our providers or the Services. Where reasonable, we will tell you why and give you a chance to respond, but we may act immediately when needed.
If we close your account for one of these reasons, you must not create a new account without our written permission, and any points, offers or rewards on the account end. Charges already incurred remain payable, and closure for breach does not entitle you to a refund except where the law requires one.
You can stop using the Services at any time, cancel your subscription on your account page and delete your account. If we decide to stop providing the Services altogether, we will give you reasonable notice and refund the unused part of any prepaid billing period.
Sections that by their nature should continue after these Terms end, including those on payments owed, payment disputes, intellectual property, disclaimers, limitation of liability, indemnity and disputes, continue to apply.
23Availability and changes to the Services
In short
We aim to keep EvadeGPT running but cannot promise it will always be available.We work to keep the Services available, but they may be interrupted, slow or unavailable at times, for example during maintenance, provider outages, attacks or other events outside our control. We may change, suspend or discontinue any feature, model or tool. If a change materially reduces a paid plan you hold, the notice and cancellation rights in Changes to these Terms apply.
To the extent the law allows, we are not liable for loss caused by downtime, delays, lost content or changes to the Services.
24Disclaimer of warranties
In short
The Services are provided as they are, without promises beyond those the law requires.To the maximum extent permitted by law, the Services and all outputs are provided "as is" and "as available", without warranties, guarantees or conditions of any kind, whether express, implied or statutory, including any of merchantability, fitness for a particular purpose, accuracy, title or non-infringement. We do not warrant that the Services will be uninterrupted, secure or error-free, that outputs will be accurate or meet any standard, or that any text will pass or fail any AI detector.
This section does not exclude any guarantee or right that cannot be excluded by law, including the consumer guarantees under the Australian Consumer Law.
25Limitation of liability
In short
Where the law allows, our total liability is limited to what you paid us in the 6 months before the claim.To the maximum extent permitted by law, we and our affiliates, staff and licensors are not liable for any indirect, incidental, special, consequential or punitive loss or damages, or for any loss of profits, revenue, data, goodwill, opportunity, grades, academic standing or employment, arising out of or relating to the Services or these Terms, however caused, even if we were told it was possible.
To the maximum extent permitted by law, our total liability for all claims arising out of or relating to the Services or these Terms is limited to the total amount you paid us for the Services in the 6 months before the event that gave rise to the claim.
Where the Australian Consumer Law applies and the Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, where the law allows, to supplying the Services again or paying the cost of having them supplied again.
Nothing in this section limits liability that cannot be limited by law, such as liability for fraud, for death or personal injury caused by negligence, or, in the EU and UK, for gross negligence or intentional misconduct, and nothing in it affects your non-excludable consumer rights.
26Indemnity
In short
If your misuse of EvadeGPT leads to a claim against us, you are responsible for it.To the extent the law allows, you agree to indemnify us and our affiliates and staff against claims, losses, liabilities and reasonable costs, including reasonable legal fees, arising from a claim by a third party or a regulator, to the extent caused by your breach of these Terms, your misuse of the Services, Your Content, or your violation of any law or anyone's rights. This does not apply to the extent a loss was caused by our own breach, negligence or misconduct. If you are a consumer, this indemnity applies only as far as the consumer law of your country allows.
27Electronic communications and records
In short
We communicate and keep records electronically, and those records can be used as evidence of what happened.You agree to receive communications from us electronically, including by email, in the product and on this website, and that electronic communications satisfy any legal requirement for communications to be in writing. Keep your email address up to date: notices we send to the email address on your account are treated as delivered when sent, unless we learn that they were not delivered.
Ticking a box, clicking to accept or completing a purchase is your electronic signature and has the same effect as signing on paper. You agree not to challenge an agreement or transaction only because it was made electronically.
We keep electronic records of account activity, including sign-ins, generations, points transactions, purchases, acceptances of these Terms and support conversations, with dates, IP addresses and device information. To the extent the law allows, you agree that these records, kept in the ordinary course of our business, are admissible as evidence of your use of the Services, including in a payment dispute or legal proceeding, to the same extent as other business records, and that you will not object to them only because they are electronic or are copies.
28Disputes and governing law
In short
Talk to us first. These Terms are governed by the law of New South Wales, Australia, subject to the consumer laws that protect you.Contact us first
If you have a dispute with us, please contact us first at support@evadegpt.ai or through the support page, with your account email address, a description of the problem and what you would like us to do. You and we agree to try in good faith to resolve the dispute informally for at least 30 days before starting court proceedings, except for urgent applications to protect intellectual property, confidential information or the security of the Services.
Governing law and courts
These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of New South Wales, Australia, without regard to conflict of law rules. You and we submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the courts that can hear appeals from them.
If you are a consumer living outside Australia, this choice of law does not take away the protection of the mandatory consumer laws of the country where you live, and you may also bring proceedings in the courts of that country where its law gives you that right.
Individual claims and time limits
To the extent the law allows, disputes will be resolved only on an individual basis, and you agree not to bring or take part in any class, collective or representative action against us. To the extent the law allows, any claim relating to the Services must be brought within one year after it arose, or it is permanently barred.
29General terms
In short
The usual legal housekeeping: these Terms are the whole agreement, and an invalid clause does not affect the rest.- Entire agreement. These Terms, with the documents they include by reference, are the whole agreement between you and us about the Services. They replace any earlier agreements or statements about the Services, including anything said by Eve Assistant.
- Severability. If any part of these Terms is found invalid or unenforceable, that part is limited or removed to the minimum extent necessary, and the rest stays in effect.
- No waiver. If we do not enforce a right or a part of these Terms, or delay doing so, we have not waived it.
- Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours, for example as part of a sale or reorganisation of our business, provided this does not reduce your rights under consumer law.
- Events outside our control. We are not responsible for a failure or delay caused by events beyond our reasonable control, such as outages of internet, hosting, payment or AI providers, cyberattacks, natural disasters, epidemics, war, government action or industrial action.
- Interpretation. Headings and "In short" summaries are for convenience. Words such as "including" mean "including without limitation". No rule of interpretation applies against us because we drafted these Terms.
- Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us, and no one else has rights under these Terms.
30Contact
In short
Reach us through the support page or by email.The Services are provided by EvadeGPTAI, Sydney, New South Wales, Australia. Questions about these Terms? Visit the support page or email support@evadegpt.ai.
Questions about these Terms?
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