Evolving Machines Inc. Terms of Service
If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.
This Agreement is between Evolving Machines Inc. and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form below and (2) the Framework Terms defined below.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Cover Page
Order Form
Framework Terms: This Order Form incorporates and is governed by the Framework Terms that are made up of the Key Terms below and the Common Paper Cloud Service Agreement Standard Terms Version 2.1 (https://commonpaper.com/standards/cloud-service-agreement/2.1/), which are incorporated by reference. Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.
Cloud Service: The Evolving Machines platform at dashboard.evolvingmachines.ai, a hosted software service, and its related APIs.
Order Date: The Effective Date
Subscription Period: 1 month(s)
Cloud Service Fees:
No platform fee during early access. New accounts may receive a one-time usage credit as shown in the Product. After that credit, Customer is responsible for all usage charges, and Provider will not pay them. "Usage charges" means all charges, costs and fees attributable to Customer's use of the Product, whether the underlying resources are provided by Provider or by third parties, including: (a) AI model inference, measured in input, output, cached, reasoning or other tokens or units, including Provider's own models; (b) sandbox runtime; (c) cloud compute (CPU and GPU time), storage, networking and data transfer; and (d) other third-party provider charges. Customer pays usage charges at the rates displayed by Provider in the Product, or directly to third-party providers when Customer uses its own accounts or API keys. Customer is responsible for all charges resulting from use of its accounts, credentials and API keys. Provider may introduce paid plans by giving at least 30 days' notice to Customer (by email or in the Product). A paid plan applies only if Customer chooses to keep using the Product after the notice period ends.
Payment Process: No payment to Provider is required during early access, except usage charges displayed in the Product.
Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.
Use Limitations: Early-access accounts are subject to usage limits (for example, on compute, sandbox time, concurrent runs and model usage) shown in the Product or set by Provider. Provider may change these limits at any time.
Key Terms
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word "Customer" in the Agreement will mean that company.
Provider: Evolving Machines Inc.
Effective Date: The date Customer first accepts this Agreement.
Governing Law: The laws of the State of California
Chosen Courts: The state or federal courts located in California
Covered Claims:
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).
General Cap Amount:
The greater of $100.00 or 1 times the fees paid or payable by Customer to provider in the 12 month period immediately before the claim
Notice Address:
For Provider: team@evolvingmachines.ai
For Customer: The main email address on Customer's account
Changes to the Standard Terms
1. Early access. The Product is a Beta Product under Section 12.7 (Beta Products) and is provided "AS IS". Provider may change, suspend or end early access, or any feature, at any time.
2. Termination. Either party may end this Agreement at any time by notice. Provider may suspend or close any free account at any time.
3. Processing by third-party providers. Customer authorizes Provider to process Customer Content with the third-party cloud, sandbox and AI model providers that Provider uses to run the Product, as needed to provide the Product and as described in Provider's Privacy Policy at evolvingmachines.ai/privacy.
4. No use of Customer's name or logo. Section 12.8 (Logo Rights) does not apply. Provider will not use Customer's name or logo in marketing without Customer's prior written permission.
5. Research and coursework. Customer may use the Product for research and teaching, and may publish its own research results and work created with the Product, as long as it does not disclose Provider's Confidential Information. Provider's Confidential Information includes non-public information about the Product.
6. Individuals. If Customer is an individual (for example, a student), Customer accepts this Agreement on their own behalf and must be at least 18 years old.