Terms & Conditions | EvidenTree

EVIDENTREE

Effective Date: 6/9/2026

INTRODUCTION.

Thank you for joining Evidentree! These Terms of Service (the “Terms”) cover your rights and obligations relating to your access and use of the Platform (as defined below). All references to “we”, “us”, “our”, or “Evidentree” refer to Celsiya, Inc., a Delaware corporation. All references to “you”, “your”, or “user” relate to the person who registered an account (an “Account”) to use or access the Platform. By visiting, using and/or submitting anything to us through our mobile application platform operated by us or on our behalf (the “Platform” or “Evidentree”, and collectively with any applicable of our websites, including, without limitation, www.evidentree.app, the “Services”), you agree to read, comply with and be legally bound by: (1) these Terms; and (2) any additional terms and conditions, agreements, policies and additional terms published on the Platform or otherwise applicable to your use of the Platform (the “Rules”). These Terms and the Rules are collectively referred to in these Terms as the “Agreements”. In the event of any conflict between these Terms and any other Agreement, these Terms shall control.

OUR SERVICES DO NOT PROVIDE ANY MEDICAL ADVICE WHATSOEVER

OUR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY INSIGHTS, INTERACTION INFORMATION, AND LIBRARY (AS THOSE TERMS ARE DEFINED BELOW)) ARE NOT MEDICAL ADVICE, THE PRACTICE OF MEDICINE, NOR THE PROVISION OF ANY MEDICAL CARE, AND THUS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES. OUR SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND UNDER NO CIRCUMSTANCES ARE THE SERVICES A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOUR USE OF OUR SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND EVIDENTREE, ITS DIRECTORS, OFFICERS, SHAREHOLDERS AND ANY ASSOCIATED SUBSIDIARIES OR AFFILIATES. YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL IN CONNECTION WHY ANY MEDICAL NEEDS. NO MATTER WHAT INFORMATION YOU FIND THROUGH OUR SERVICES, YOU SHOULD NEVER DISREGARD OR DELAY SEEKING THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL, NOR SHOULD YOU EVER CHANGE OR STOP A COURSE OF TREATMENT WITHOUT CONSULTING YOUR HEALTHCARE PROFESSIONAL. MUCH OF THE INFORMATION PROVIDED TO YOU THROUGH YOUR USE OF THE SERVICES HAS NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS DETAILED BELOW IN THE “LIMITATION OF LIABILITY” SECTION OF THESE TERMS, WE WILL NOT INCUR ANY LIABILITY AT ALL WHATSOEVER IN THE EVENT THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY US RESULTS IN ANY HARM TO YOU OR OTHERS.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY—INCLUDING BUT NOT LIMITED TO CHEST PAIN, DIFFICULTY BREATHING, SEVERE ALLERGIC REACTIONS, SIGNS OF STROKE, OR ANY OTHER LIFE-THREATENING CONDITION—SEEK IMMEDIATE MEDICAL ATTENTION BY CALLING EMERGENCY SERVICES OR VISITING YOUR NEAREST HEALTHCARE FACILITY. DO NOT RELY ON THE SERVICE FOR URGENT MEDICAL NEEDS.

USERS AGREE TO ASSUME ALL RISK OF ACCESSING AND USING THE SERVICES.

IF YOU DO NOT AGREE WITH THE FOREGOING, YOU MAY NOT USE THE PLATFORM.

YOU HEREBY REPRESENT THAT YOU HAVE THE FULL RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS AND TO FULLY PERFORM ALL OF YOUR OBLIGATIONS HEREUNDER AND THAT YOU ARE UNDER NO LEGAL DISABILITY OR CONTRACTUAL RESTRICTION THAT PREVENTS YOU FROM ENTERING INTO THESE TERMS.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE PLATFORM.

PLEASE READ SECTION 19 CAREFULLY. IT IS PART OF THE AGREEMENTS AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Do not hesitate to contact us at hello@evidentree.app if you have any questions or want to discuss either of these important documents.

2. OVERVIEW OF THE PLATFORM

1. Insights

The Platform offers users access to evidence-based natural options to address certain ailments (the “Insights”) when users input certain criteria into the Platform. The Platform will generate Insights, and users can use those Insights, including to incorporate such Insights into their course of treatment with the advice of their healthcare professional.

2. Interaction Checker

The Platform also offers users information concerning possible interactions between supplements, herbs, and vitamins, including any identified in the Insights (the “Interaction Information”).

3. Library

The Platform also provides users with general information about natural options to address ailments (the “Library”).

4. Physician Locator

The Platform also generates a list of medical doctors (the “Physicians”) who have a certification in holistic medicine and are located near the user. We provide the user with the contact information of the Physician, but do not contact the Physician directly or on behalf of the user.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE INFORMATION ABOUT PHYSICIANS, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER INFORMATION ABOUT THE PHYSICIAN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH INFORMATION. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY PHYSICIANS.

YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR OWN PHYSICIAN, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE PHYSICIAN IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

5. Dashboard

Users will have access to a dashboard (“Dashboard”) that displays the above-mentioned features. Users will also be able to retrieve any previously-saved Insights.

3. AGE POLICY; ACCEPTANCE OF AGREEMENTS

We do not intend that the Platform be used by anyone under 18 years old. If we learn or have reason to suspect that an individual who has created an Account is under 18 years of age, we will promptly revoke such individual’s access to the Platform and delete any personally identifiable information submitted by that individual. Further, you represent and warrant that (1) your use of the Platform does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms; (2) you are legally able to enter into contracts; and (3) that you are not a person barred from receiving or using the Platform under federal, state, local or other laws.

By using the Platform and/or acknowledging that you have read and agree to any or all of the Agreements, you are agreeing to comply with the applicable Agreements. If you fail to comply with any of the applicable Agreements, we may terminate your ability to use the Platform.

4. YOUR ACCOUNT & YOUR INFORMATION

You Must Register for an Account

To access our Platform, you must register an Account using your email address and information needed to make use of the Platform (please see our Privacy Policy for more information on our practices related to collection and use of your data), and you agree to our use of such information.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it up to date. We reserve the right to suspend or terminate your Account according to these Terms if we determine that any information provided by you is inaccurate or incomplete.

You may also be allowed to create an account by logging into your account with certain third-party platforms (“Third Party Information Providers”), such as Google or Apple. You may link your account with a Third Party Information Provider by either: (i) providing your Third Party Information Provider account login information to us through the Platform; or (ii) allowing us to access your Third Party Information Provider. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD PARTY INFORMATION PROVIDERS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY INFORMATION PROVIDERS, AND THOSE AGREEMENTS WILL DETERMINE WHAT INFORMATION WE WILL BE ABLE TO ACCESS AND USE THROUGH THOSE THIRD PARTY INFORMATION PROVIDERS. Your Account will be created for your use of the Platform based on the personal information you provide us or that we obtain via a Third Party Information Provider.

You Must Safeguard Your Account

If you become aware that an unauthorized third-party is using your information to interact with the Platform, you must promptly notify us of such use. You agree that we will not be liable for any loss or harm that you incur if someone else uses your information to interact with the Platform, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorized the use. You are responsible for safeguarding your Account information, including your password. You agree not to disclose your password to, or share your Account with, any third-party. You are solely responsible for maintaining and protecting your account credentials.

Sharing Your Information with Third-Party Partners

Throughout the term of this Agreement, we may share information about your Account and your personally identifiable information with our third-party partners (collectively, “Third-Party Partners”) in order to, without limitation, verify your eligibility to use the Platform, conduct risk management and compliance reviews, and facilitate the compliance of Evidentree and the Third-Party Partners with applicable laws and regulations, including any rules or guidelines of any of the Third-Party Partners (“Third-Party Rules”). Please refer to the Privacy Policy for more information about how we may share your information with Third-Party Partners.

Termination or Suspension of Your Account

Without limiting any other rights we have under the Agreements, in the event we determine, in our sole discretion, that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code or due to other theft of your account information, we reserve the right to invalidate, delete or otherwise modify your account in order to protect your account, the accounts of other users and our systems from further damage or exposure. This may include proactively changing your password, to the extent applicable. If we need to do this, we will make reasonable efforts to inform you of any modifications made via the email address listed on your account or other viable means of communication.

Content & Prohibited Content

You may, now or in the future, be permitted to share certain content (“Content”) through the Platform. You acknowledge and agree that you are solely responsible for your Content. Accordingly, you represent and warrant that you have all rights, licenses, consents (including from other people who may be visible in your Content) and releases that are necessary to grant to Evidentree the licenses above. In addition, if your Content violates these Terms in any way, we reserve the right to remove your Content from the Platform. You grant to Evidentree a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, transmit, stream, broadcast, access, and otherwise exploit your Content, in any media, in order to operate, promote, improve, and market the Platform. To the extent that your Content includes personally identifiable information (including your likeness), we will only disclose such information in the limited circumstances identified in our Privacy Policy. In addition, to the extent that Evidentree de-identifies and aggregates your Content, you agree that such derived data is no longer your Content, and is thus owned by Evidentree.

You are not permitted to use the Platform to develop, submit, publish, or share any content that:

infringes any third-party’s intellectual property, including, any copyrights, patents, trademarks, service marks, trade secrets or other proprietary rights protected by law;
identifies any person without such person’s consent or discloses anyone else’s personal contact details or invades such person’s privacy without such person’s consent;
could be reasonably viewed as:

hate speech, obscene, harassing, threatening, pornographic, abusive, or defamatory to an individual or group on the basis of religious belief, race, gender, age, disability or otherwise
inciting violence, or containing graphic or gratuitous violence
an unauthorized commercial communication of any kind (including, without limitation, spam)
fraudulent, inaccurate, or misleading, or otherwise objectionable content of any kind
instructing how to engage in any illegal or potentially extremely dangerous activities

promotes or supports any of the following:

terror or hate groups
self-harm or suicide
bullying
exploiting or endangering minors
unlawful or questionable financial or other money-making schemes
misleading claims or information, including, but not limited to, misleading claims or information about medical or other health-related information, such as vaccine safety or the existence of medical conditions or emergencies.

violates any applicable law; or
violates any other restrictions Evidentree imposes, including, but not limited to, those set forth in these Terms.

5. PERMITTED USE OF THE PLATFORM

You may only use the Platform for its intended purpose. You may not use the Platform for any other purpose. Any non-permitted use of the Platform, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Platform. Further, you represent and warrant that your use of the Platform does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.

You are prohibited from violating or attempting to violate any security features of the Platform, including, without limitation, taking any of the following actions:

accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of the Platform, or any associated system or network, or to breach security or authentication measures without proper authorization;
interfering or attempting to interfere with Platform to any other user, host, or network, including, without limitation, by means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities;
transmitting or uploading any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs or other items of a destructive nature;
forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Platform; or,
copying, selling, distributing, publishing, downloading, or reproducing any aspect of the Platform.

Further, you agree not to take any of the following actions when using the Platform:

modifying, making derivative works of, decompiling, reverse-engineering, disassembling, or otherwise convert any aspect of the Platform;
licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise commercially exploiting any aspect of the Platform;
accessing the Platform in order to build a similar or competitive service;
accessing (or attempting to access) any part of the Platform by means other than through the interface that is provided by us;
impersonating any person or entity or misrepresenting your connection or affiliation with a person or entity;
collecting or storing, or attempting to collect or store, personal information about other users of the Platform for any purpose other than as occurs through the normal operation of the Platform;
removing, obscuring or altering any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Platform;
using the Platform except as permitted by these Terms; or,
engaging in any activity that is illegal under federal, state, local or other laws.

6. OWNERSHIP OF THE PLATFORM

All right, title and interest in and to the Services, including, but not limited to, the Platform and all of the software and code that comprise and operate the Platform (collectively, the “Software”), and all of the text, photographs, illustrations, images, graphics, audio, video, URLs, advertising copy and other materials provided through the Platform (collectively, the “Evidentree Content”) are owned by us or by third parties who have licensed Evidentree Content to us. The Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws.

Subject to your acceptance of, and compliance with, the applicable Agreements and your payment of any applicable fees or charges, depending on how you use or interact with our Platform, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform in a manner that is consistent with the Agreements and the Platform’s intended purpose(s). You obtain no rights to the Platform except to use it in accordance with the Agreements.

The Evidentree names and logos (including, but not limited to, those of our affiliates, to the extent applicable), all product and service names, all graphics, all button icons and all trademarks, service marks and logos appearing within the Platform, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Evidentree (collectively, “Our Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress (collectively, “Marks”) mentioned, displayed, cited, or otherwise indicated within the Platform are the property of their respective owners. You are not authorized to display Our Marks in any manner without our prior written permission. You are not authorized to display or use the Marks of any third-party that appear within the Platform without the prior written permission of the applicable third-party.

Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Platform, including how to improve the Platform (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources.

Notwithstanding anything to the contrary, Evidentree shall have the right to aggregate, collect and analyze data and other information relating to the provision, use and performance of the Platform and shall be free (during and after the term hereof) to (a) use such data and other information to develop and improve the Platform and other Evidentree offerings, and (b) disclose such data and other information solely in an aggregated and anonymized format that does not identify you or any individual.

7. THIRD-PARTY SERVICES

As referenced above, our Platform may be integrated with services provided by third parties as part of the functionality of the Platform. This includes, without limitation, any products or services you may receive from a healthcare provider your find through your use of the Physician Locator. You understand that we do not have control over third parties and that such third parties are not agents of Evidentree. You acknowledge and agree that we make no representation or warranty about, do not endorse, and will not be liable for any third-party’s products or services or the information provided by third parties, whether through the Platform or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third-party with any questions about their products and services. Reliance on other users’ Content is at your own risk, and you acknowledge and agree that we are not responsible or liable for, nor do we endorse, any such Content that may appear on the Platform. We hereby disclaim and you hereby discharge, waive and release us and our licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

8. UPDATES TO THE PLATFORM

We may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Platform (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. If you do not want such Updates, your remedy is to terminate your Account and stop using the Platform. If you do not terminate a previously created Account, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Platform. Your continued use of the Platform is your agreement to these Terms with respect to the Platform.

9. SUBSCRIPTIONS

9.1 Subscriptions Generally

We may, from time to time, offer certain subscriptions levels that users can sign up for through the Service (“Subscription Plans”). We welcome you to review our Services for more information about our Subscription Plans, including applicable fees and perks. Subscription Plans are subject to change at any time and for any reason by Evidentree in its sole and absolute discretion.

9.2 Taxes; Fees

You are required to pay all fees and charges imposed by Evidentree arising from your use of the Platform, including, without limitation, fees that must be paid in advance and any fees arising from your use of the Platform. Your authorization to use the Platform is contingent on your payment of all applicable fees. All fees are exclusive of any applicable use, sales, value added, excise and other similar taxes and government charges (collectively, “Taxes”). Taxes do not include any taxes on the net income of Evidentree or any of its affiliates. Unless otherwise stated, all fees are in United States Dollars. You can always manage your Subscription Plan on the Dashboard.

9.3 Payment Method; Credit Card Authorization

Users may pay fees using credit cards, debit cards, or other payment methods as may be determined by Evidentree from time to time. If you submit your payment information through the Platform, then you authorize Evidentree or our applicable Third-Party Partners to store that payment information and charge your payment method for any upgrades, subscriptions, add-ons, or other services that you purchase. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Where applicable, you authorize us or our applicable Third-Party Partners to charge any card provided by you all amounts due under this Agreement, including without limitation amounts for any additional features, transaction fees, subscription fees, and other payments, taxes, and fees. You agree to keep your payment information current at all times. If the card cannot be verified, is invalid, is over-limit, or is not otherwise acceptable, your access to the Platform may be suspended or cancelled by us without notice and we may generate invoices for payment. If you dispute any charges, you must provide Evidentree with notice within 7 days after the date that Evidentree or our applicable Third-Party Partner charges you.

10. INFORMATION WE MAKE AVAILABLE TO YOU

As part of the Platform, we may provide you with various information in furtherance of the Platform. Our intention in doing so is to be helpful and to make the Platform more useful to you. AS IS MADE CLEAR AT THE BEGINNING OF THESE TERMS, YOU AGREE THAT ALL INFORMATION AND SUGGESTIONS THAT WE PROVIDE TO YOU THROUGH THE PLATFORM (INCLUDING, WITHOUT LIMITATION, THE INSIGHTS, INTERACTION INFORMATION, LIBRARY, AND OR ANY HEALTHCARE PROFESSIONALS’ INFORMATION PROVIDED THROUGH HE PHYSICIAN LOCATOR) IS STRICTLY FOR INFORMATIONAL PURPOSES AND SHALL NOT BE CONSTRUED OR RELIED UPON IN ANY WAY, AND SPECIFICALLY SHALL NOT BE CONSTRUED OR RELIED UPON AS PROFESSIONAL ADVICE OF ANY KIND, INCLUDING MEDICAL ADVICE.

We do not recommend self-management of health issues. Information you may find on the Services is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.

11. INFORMATION YOU PROVIDE TO US

As a core aspect of the functionality of the Platform, you may provide us with information about yourself, by giving us access to information collected by third parties, and by using the Platform. By providing this information and content, you grant us the right to use the information and content for the purposes described in these Terms and our Privacy Policy. Our Privacy Policy may be updated from time to time, so please review it regularly. If you do not accept the terms of our Privacy Policy, please discontinue use of the applicable portions of the Platform. While we do not claim ownership over any such information and content that you provide (except as explicitly covered in these Terms), you agree that we have the right to use such information and content as specified in these Terms and our Privacy Policy. Further, by providing us with information and content through the Platform, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide on the Platform.

In addition, we should not be relied upon as a means to store your data or information and we assume no responsibility for such activities.

12. NOTICE AND PROCEDURE FOR MAKING U.S. CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT

12.1 Copyright Infringement

Evidentree respects copyright law and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Evidentree will respond to claims of copyright infringement committed using the Platform that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Platform by providing us the following information (the “Notice”):

the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
your mailing address, telephone number, and, if available, email address;
a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us, as follows:

By email to: hello@evidentree.app
By Mail to:
Celsiya, Inc.

312 24th Street #1518, Oakland, CA 94612

Upon receipt of the Notice as described above, Evidentree will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Platform.

12.2 Trademark Infringement

Evidentree respects trademark law and expects our users to do the same. If you believe that your work has been copied in a way that constitutes trademark infringement, please provide a written notice by email to hello@evidentree.app with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest;

A detailed description of the trademark that you claim has been infringed;

A description of precisely where the material that you claim is being infringed is located on the Platform;

Your address, telephone number, and email address; and

A statement by you that you have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law.

13. YOUR USE OF OTHERS’ RIGHTS

Although you may provide information and content to Evidentree as part of your use of the Platform, you agree to be respectful of others’ rights, including, without limitation, with respect to intellectual property and privacy. You may not upload, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary or privacy rights of any third parties. If you do not respect a third-party’s rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third-party rights caused by any information that is generated or submitted through your use of the Platform, including without limitation, your Content. We take claims of infringement of rights seriously. As such, we reserve the right to suspend and/or revoke access to the Platform for any user who is found to have infringed on the rights of third parties, or of us, or otherwise is found to have violated any intellectual property laws.

14. TERMINATION OF YOUR USE OF THE PLATFORM

At any time, you may discontinue your use of the Platform. To delete or deactivate your Account, please follow the instructions under the Dashboard. For any related questions, please email hello@evidentree.app. Please visit our Privacy Policy to understand how we treat your information when you discontinue your use of the Platform. If your Account is deactivated (as opposed to deleted), you acknowledge that your Account will not be deleted, and you may request reactivation by emailing the address provided above.

We reserve the right to take action to limit or prevent your access to our Platform, if we, in our sole discretion, deem that such action is necessary based on: (a) your use of the Platform in a way that would potentially expose us to liability; (b) disruption of the Platform by you to others; your violation of these Terms or our Privacy Policy; (c) your violation of any applicable laws, rules, regulations, and agreements that may apply to you; and (d) your use of the Platform in a way that could cause harm to any person or other party. If we suspect that you are engaging in any fraudulent, abusive, or illegal activity, we may refer such matter to appropriate law enforcement authorities.

After termination by either party, you shall no longer have access to, and shall cease all use of the Platform. Any termination of this Agreement does not relieve you of any obligations to pay any fees, fines, or any other financial obligation incurred by you or through your use of the Platform prior to or after termination. In addition, your license to access and use our Platform shall immediately terminate and you must discontinue all use of the Platform affected by such termination.

The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of these Terms regarding indemnity and limitations of liability shall survive the termination or cancellation of these Terms.

15. ASSUMPTION OF RISK

YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THESE RISKS INCLUDE, WITHOUT LIMITATION, THE RISK THAT INFORMATION YOU FIND THROUGH YOUR USE OF THE SERVICES RESULTS IN HARM TO YOU OR OTHERS.

YOU AGREE THAT IF YOU CHOOSE TO USE THE SERVICES, YOU ARE DOING SO VOLUNTARILY. YOU ASSUME ALL SUCH RISKS WITHOUT LIMITATION.

16. DISCLAIMER OF WARRANTIES; “AS IS”

WE ARE MAKING THE SERVICES AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM, INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; THAT THE PLATFORM WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE OR HARDWARE; THAT ANY INFORMATION FOUND ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY INSIGHTS, INTERACTION INFORMATION, OR LIBRARY) IS ACCURATE, CORRECT, RELIABLE, OR COMPLETE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE PLATFORM. WE DO NOT WARRANT THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU HEREBY ACKNOWLEDGE THAT THE PLATFORM MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE PLATFORM AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE PLATFORM CAUSED BY SUCH FACTORS.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA, INCLUDING WITHOUT LIMITATION, ANY USER CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

YOUR ACCESS TO THE PLATFORM, DOWNLOAD OF ANY SOFTWARE RELATING TO THE PLATFORM AND USE OF ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE PLATFORM IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE PLATFORM, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE PLATFORM BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM ANY OF THE RELEASED PARTIES (AS DEFINED BELOW) THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED EVIDENTREE SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED PROVIDED BY ANY THIRD PARTIES, AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE OR OPINIONS OF EVIDENTREE.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE PLATFORM; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE PLATFORM; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY SERVICES OFFERED THROUGH THE PLATFORM; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE PLATFORM EXCEED ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

18. INDEMNIFICATION

In the event that any third-party brings a claim against us related to your actions, content (including without limitation, your Content), information, or any other use of the Services by you, you agree to indemnify, defend, and hold us, our subsidiaries and affiliates, and our and their respective directors, officers, employees, agents, and other partners (the “Released Parties”) harmless from and against any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.

The Released Parties reserve the right to seek all remedies available at law and in equity for violations of the applicable Agreements, including the right to block access from a particular Internet address to the Platform or report misuses to law enforcement.

19. DISPUTE RESOLUTION

PLEASE READ THIS SECTION 19 CAREFULLY. IT IS PART OF THE AGREEMENTS AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

You agree to resolve any dispute, claim, or controversy with Evidentree arising out of or relating to your use in any way of the Platform in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at hello@evidentree.app). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in Alameda County, California, and the costs of which shall be divided equally between you and Evidentree. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in Alameda County, California.

Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.

We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this section shall be confidential, and neither you, nor Evidentree, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS SECTION. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND EVIDENTREE IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND EVIDENTREE WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

In any circumstances where the foregoing agreement to arbitrate permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state courts and federal courts located in Alameda County, California for such purpose.

Nothing contained in this section shall limit our ability to take action related to your access to the Platform as provided in these Terms.

20. APPLE APP STORE TERMS

If you use iPhone or iPad applications (collectively, the “Application”) that may be available via the Apple, Inc. (“Apple”) App Store in order to access the Platform, the terms of this section apply to your use of the Application:

Both you and Evidentree acknowledge that the Terms are concluded between you and Evidentree only, and not with Apple, and that Apple is not responsible for the Application or the Evidentree Content;
The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Platform for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Platform;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Evidentree, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Evidentree, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Evidentree acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and Evidentree acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

21. GOVERNING LAW, VENUE, & PERSONAL JURISDICTION

These Terms shall be governed by, and construed and interpreted in accordance with the laws of the State of Delaware to the exclusion of its conflict of laws provisions.

22. SEVERABILITY; WAIVER; ASSIGNMENT

If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect.

The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

We reserve the right to transfer, assign, sublicense, or pledge any or all of the Agreements, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense, or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms.

23. CHANGES TO THESE TERMS

We reserve the right to change these Terms from time to time, with or without notice to you. If you continue to use the Platform, you consent to the new Terms. Any changes to these Terms will become effective on the “Effective Date” indicated above. If you continue to use the Platform after the Effective Date, you consent to the new Terms. We will always have the latest Terms posted on the Platform.

We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing any prior notice to you and without any liability to you or any third-party:

change or terminate all or any part of the Platform;
restrict or terminate your access to all or any part of the Platform;
refuse, move or remove any content that is available on the Platform; or
deny access to the Platform to anyone at any time in our sole and absolute discretion.

24. CONTACT US

If you have any questions about these Terms or our Platform, please feel free to contact us by email at hello@evidentree.app.

25. RELATIONSHIP

Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties.

26. HEADINGS USED IN THESE TERMS

The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.

27. USE OUTSIDE OF THE UNITED STATES

We make no claim that the Services are appropriate or may be used outside of the United States. If you access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

28. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Evidentree regarding your use of the Platform, and supersede all prior written or oral agreements.

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You are not permitted to use the Platform to develop, submit, publish, or share any content that:

infringes any third-party’s intellectual property, including, any copyrights, patents, trademarks, service marks, trade secrets or other proprietary rights protected by law;

identifies any person without such person’s consent or discloses anyone else’s personal contact details or invades such person’s privacy without such person’s consent;

could be reasonably viewed as: