Terms of Service — Evermark

1. Acceptance of Terms

By downloading, installing, or using the Evermark app ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.

These Terms form a legal agreement between you and Evermark ("we," "us," or "our").

2. Eligibility

You must be at least 13 years old to use Evermark. By using the App, you represent that you meet this requirement. If you are between 13 and 18, you represent that your parent or guardian has reviewed and agreed to these Terms.

3. Your Account

You are responsible for maintaining the confidentiality of your login credentials
You are responsible for all activity that occurs under your account
You must provide accurate information when creating your account
Notify us immediately at privacy@evermarkapp.com if you suspect unauthorized access to your account
We reserve the right to suspend or terminate accounts that violate these Terms

4. What You Can Do

With Evermark you may:

Create an account and build a personal travel memory archive
Place evermarks at locations you visit, with photos and captions
Create and join crews with people you know personally
View the trips and public evermarks of crew members
Subscribe to Evermark+ to unlock premium features

5. What You Cannot Do

You agree not to:

Use the App for any unlawful purpose
Post content that is abusive, harassing, hateful, obscene, or defamatory
Impersonate another person or misrepresent your affiliation with any person or organization
Upload content that infringes on any copyright, trademark, or other intellectual property rights
Attempt to access, tamper with, or reverse-engineer any part of the App or our servers
Use automated tools, bots, or scripts to scrape or interact with the App
Share your account credentials with others
Use the App to transmit spam, malware, or other harmful content

6. Your Content

Ownership

You retain ownership of all photos, captions, and other content you post to Evermark ("Your Content").

License to Us

By posting content, you grant Evermark a limited, non-exclusive, royalty-free license to store, display, and transmit Your Content solely for the purpose of operating and improving the App. We do not sell or commercially exploit Your Content.

Your Responsibility

You are solely responsible for Your Content. You represent that:

You own or have the rights to post the content
Your content does not violate any law or third-party rights

Removal

We reserve the right to remove content that violates these Terms. You can delete your own content at any time within the App.

7. Privacy

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Subscriptions and Payments

Evermark+ Subscription

Certain premium features require an active Evermark+ subscription. Subscription fees are charged through the Apple App Store or Google Play Store and are subject to their respective terms.

Billing

Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current billing period
You can manage or cancel your subscription in your device's App Store account settings
We do not process payments directly — all billing is handled by Apple or Google

Refunds

Refund requests are handled by Apple or Google in accordance with their refund policies. We do not issue refunds directly.

Beta Period

During active beta testing, all features may be available without charge. We will provide reasonable notice before introducing paid restrictions.

9. Intellectual Property

The Evermark name, logo, app design, and all underlying software are owned by Evermark and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the App without our written permission.

10. Crew and Social Features

Evermark is designed for personal, private use among people you know. By joining or creating a crew:

You acknowledge that public content you post is visible to your crew members
You are responsible for who you invite to your crew
We are not responsible for the actions of other users

11. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

The App will be uninterrupted or error-free
Data will never be lost (though we take significant precautions to prevent this)
The App will be available in all geographic locations

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERMARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Evermark and its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the App or violation of these Terms.

14. Termination

We may suspend or terminate your account at any time for violation of these Terms, with or without notice. You may delete your account at any time within the App.

Upon termination, your right to use the App ceases immediately. Sections 6, 9, 12, 13, and 15 survive termination.

15. Governing Law

These Terms are governed by the laws of the United States. Any disputes shall be resolved in the courts of competent jurisdiction. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or in-app notice at least 14 days before they take effect. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.

17. Contact

Email: privacy@evermarkapp.com
Website: evermarkapp.com