WEBSITE TERMS OF USE

INTRODUCTION

This website ("Site") is operated by Evio Tech Pty Ltd ACN 654 310 693 ("Hevo", "we", "our" or "us"). It is available at: hevo.app and may be available through other addresses or channels.

1. AGREEMENT TO TERMS

By accessing and/or using our Site, you agree to these Terms of Use and our Privacy Policy (available on our Site) (collectively referred to as "Terms"). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

2. CHANGES TO TERMS

We may, at any time and at our discretion, modify these Terms by publishing the updated version on our Site. We recommend checking our Site regularly to ensure you're aware of the current Terms.

Materials and information on this Site ("Content") are subject to change without notice. We do not guarantee that our Site is up-to-date and we are not liable if any Content is inaccurate or outdated.

3. LICENSE TO USE SITE

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

4. PROHIBITED CONDUCT

You must not do or attempt to do anything that is:

• Unlawful
• Prohibited by laws applicable to our Site
• Inappropriate in our reasonable opinion
• Likely to bring us or our Site into disrepute

Prohibited activities include (but are not limited to):

• Breaching an individual's privacy (including uploading private or personal information without consent) or other legal rights
• Using our Site to defame, harass, threaten, menace, or offend any person
• Interfering with any user's use of our Site
• Tampering with or modifying our Site, including transmitting viruses, disabling features, or attempting to damage or interfere with our Site
• Using our Site to send unsolicited email messages
• Facilitating or assisting a third party to do any of the above acts

5. EXCLUSION OF COMPETITORS

You are prohibited from using our Site, including the Content, in any way that competes with our business.

6. PERSONAL USE ONLY

Our Site is for your personal, non-commercial use only. You must not use our Site or any Content for commercial purposes, including advertising or revenue generation activities, without obtaining a license from us.

7. INFORMATION DISCLAIMER

The Content is not comprehensive and is provided for general information purposes only. It does not account for your specific needs, objectives, or circumstances, and does not constitute advice.

While we make reasonable efforts to ensure accuracy and completeness of the Content, we make no representation or warranty regarding it, to the maximum extent permitted by law.

8. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we own or license all rights, title, and interest (including intellectual property rights) in our Site and all Content. Your use of the Site and access to Content does not grant you any rights, title, or interest in relation to our Site or Content.

You must not:

• Copy or use, in whole or in part, any Content
• Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to third parties
• Breach any intellectual property rights connected with our Site or Content, including altering or modifying Content, causing Content to be framed or embedded in another website, or creating derivative works

9. USER CONTENT

If you post, upload, publish, submit, or transmit information or content ("User Content") on our Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use that User Content, with rights to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content through any media.

You are solely responsible for all User Content you provide and represent that:

• You either own all User Content or have necessary rights to grant us the license described above
• Your User Content and our use of it will not infringe on third-party intellectual property rights, privacy rights, or violate applicable laws

We do not endorse or approve User Content and may remove it at any time at our sole discretion.

10. THIRD-PARTY WEBSITES

Our Site may contain links to third-party websites. Unless expressly stated otherwise, we do not control, endorse, or approve these websites or their content. You should conduct your own investigation regarding the suitability of these websites.

11. SITE AVAILABILITY

We may discontinue our Site, in whole or in part, at any time without notice. We may also exclude any person from using our Site at our sole discretion.

We are not responsible for any loss or damage you may suffer arising from such discontinuation or exclusion.

12. WARRANTIES AND DISCLAIMERS

To the maximum extent permitted by law, we make no representations or warranties about our Site or Content, including (but not limited to) that:

• They are complete, accurate, reliable, up-to-date, or suitable for any purpose
• Access will be uninterrupted, error-free, or virus-free
• The Site will be secure

You read, use, and act on our Site and Content at your own risk.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, we are not responsible for any loss, damage, or expense, however arising, whether direct or indirect and/or whether present, future, or contingent, suffered by you or any third party in connection with:

• Your use of our Site and/or Content
• Any inaccessibility, interruption, or outage of our Site
• Any loss or corruption of data
• Content that is incorrect, incomplete, or outdated

14. INDEMNITY

To the maximum extent permitted by law, you must indemnify us against any liability we suffer arising from your use of our Site or breach of these Terms or applicable laws.

This indemnity is a continuing obligation independent from other obligations under these Terms and continues after these Terms end. We may enforce this right of indemnity before incurring any expense.

15. TERMINATION

These Terms are effective until terminated by us, which we may do at any time without notice. Upon termination, all restrictions imposed by these Terms and limitations of liability will survive.

16. DISPUTE RESOLUTION

If a dispute arises from these Terms, the party claiming a dispute must give written notice with details and proposed resolution. Within 7 days of receiving notice, senior representatives must meet to attempt resolution or agree on an alternative method.

If the dispute remains unresolved within 21 days of notice, either party may refer it to litigation through written notice.

17. SEVERABILITY

If any provision of these Terms is deemed void, invalid, illegal, or unenforceable, it will be read down as narrowly as necessary to be valid. If that's not possible, the provision will be severed without affecting the validity of the remaining Terms.

18. GOVERNING LAW

Your use of our Site and these Terms are governed by Western Australian law. You submit to the exclusive jurisdiction of Western Australian courts and waive any right to object to proceedings in these courts.

Our Site may be accessed internationally, but we make no representation that it complies with laws outside Australia. If accessing from elsewhere, you do so at your own risk and must comply with local laws.

19. TERMS AND CONDITIONS

You can find and read our Terms and Conditions on Hevo's website.

20. PRIVACY POLICY

You can find and read our Privacy Policy on Hevo's website.

CONTACT INFORMATION

For questions or notices, please contact us at:

Hevo ABN 46 654 310 693
Email: support@hevo.app

Last update: March 10, 2025