terms.

These Terms of Service (the "Terms") are a binding agreement between Femi Studio LC ("EverLoud," "we," "us," or "our") and the business or individual accepting them ("Customer," "you"). They govern your use of https://everloud.app (the "Site") and the EverLoud service (the "Service").

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company.

1. The Service

EverLoud is a social media management product operated by Femi Studio LC. It lets the Customer compose posts once, adapt them per network, schedule and publish them to the Customer's connected social media accounts, review performance analytics, and host a public link-in-bio page for the Customer's brand, and offers EverLoud Studio, a video editor that runs on the Customer's own device.

We may improve, modify, or discontinue features of the Service. We will provide reasonable notice of material reductions in core functionality.

2. Eligibility and accounts

The Service is offered for business use only and is available to users 18 years of age or older. You are responsible for your account credentials, for all activity under your account, and for the accuracy of the business information you provide. Notify us immediately of any unauthorized use.

3. Your responsibilities and compliance

You are responsible for your use of the Service and for the communications you send and receive through it. In particular, you agree that you will:

• Obtain all legally required consents from your end users, including consent to receive text messages and other communications;
• Provide your own end users with a legally adequate privacy notice covering your use of the Service to process their information;
• Honor opt-outs promptly and not message individuals who have opted out;
• Use the Service only for lawful, inbound-oriented, conversational customer communication. The Service may not be used for cold outbound marketing, bulk unsolicited messaging, or spam;
• Comply with our Acceptable Use Policy at https://everloud.app/terms, which is incorporated into these Terms.

Restricted uses. The Service may not be used for: healthcare communications involving protected health information; automated decisions regarding lending, credit, securities, insurance eligibility, employment, or housing; mental-health therapy or crisis counseling; or any use directed at children. We may suspend or terminate accounts engaged in restricted uses.

4. AI-generated responses

The Service uses artificial intelligence to generate responses, summaries, and routing decisions. AI output may be inaccurate, incomplete, or inappropriate for a given situation despite our safeguards. You are responsible for configuring the Service appropriately for your business, monitoring conversations, and reviewing AI behavior. The Service does not provide legal, medical, financial, or other professional advice, and AI output should not be relied upon as such.

5. Your data

You own your data. As between the parties, you retain all rights to the information you and your end users submit through the Service ("Customer Data"). You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and improve the Service, ensure security, and comply with law.

We process Customer Data as your processor/service provider as described in our Privacy Policy at https://everloud.app/privacy. Where required (for example, for customers subject to the GDPR), a Data Processing Addendum is available and, once executed, is incorporated into these Terms.

You are responsible for the accuracy and lawfulness of Customer Data and for having the right to submit it to the Service.

6. Fees and billing

Plans and prices. You can use EverLoud on the free plan without paying. We sell these plans:

• Bio, $6 a month or $60 a year, renewing each month or each year, as you chose, until you cancel. It unlocks the paid features of your bio page: every font, color, background, theme, and button style; no EverLoud mark on your page; your page on your own domain; full stats with sources, countries, QR scans, and 90 days of history; unlimited form answers, and your email list and answers as CSV files; Mailchimp, Kit, and Klaviyo sync, webhooks, and ad pixels; and a custom share card and favicon, link animations, and a timed redirect. It does not change the free plan’s social media features.

Other plans may be offered later, at the prices shown when you buy them.

Who sells it. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle.com provides all customer service inquiries and handles returns. It takes your payment, adds any sales tax or VAT that applies where you live, and issues your receipt, and its buyer terms at https://www.paddle.com/legal/buyer-terms also apply to your purchase. We support the Service itself. You buy a plan in the Billing section of your settings, where the checkout of Paddle.com opens over the page. Prices are in US dollars, and tax, where it applies, is added at checkout.

Automatic renewal. A plan renews automatically at the end of each month or each year, as you chose, and Paddle.com charges the payment method you used at the price then current, until you cancel. We will tell you before a price change applies to you, and we will remind you before a renewal where the law requires it. If you switch between monthly and yearly billing, Paddle.com charges or credits the difference for the rest of the current period straight away.

Cancelling. You can cancel at any time: open the Billing section of your settings and choose Cancel plan, or email hello@everloud.app. Cancelling stops the next renewal, and your plan keeps working until the end of the period you paid for. Until that day, Keep my plan undoes the cancellation. To change your payment method or download invoices, choose Manage payment and invoices, which opens the customer portal of Paddle.com.

Refunds. Our Refund Policy at https://everloud.app/refunds is part of these Terms. In short: if you ask within 30 days of a purchase or a renewal, we refund that payment in full, through Paddle.com. A full refund of your first payment or your latest renewal, or a payment you dispute with your bank, ends that plan at once. Where the law gives you a longer right to cancel or to a refund, that right applies as well.

If a payment fails. If a renewal does not go through, Paddle.com tries your payment method again, and your plan stays on for 7 days. If the payment has still not gone through by then, your account moves to the free plan. If Paddle.com collects the payment later, the plan comes back.

When a plan ends. Nothing you made is deleted. Your bio page stays online on the free plan: the EverLoud mark comes back, paid design choices show their free versions, stats go back to the last 7 days, and paid features such as your own domain, ad pixels, the timed redirect, email tool sync, and webhooks stop until you choose a plan again. Choosing a plan again brings the paid features back.

7. Third-party channels and services

The Service connects to third-party platforms (Instagram, Facebook, Threads, X, LinkedIn, TikTok, YouTube, Pinterest, Google Business, Reddit, Bluesky, Telegram, Discord, and WhatsApp). Your use of those channels is also subject to the third parties’ terms and policies, and channel availability, features, and deliverability depend on those third parties. We are not responsible for third-party platforms’ actions, outages, or policy changes, though we will make reasonable efforts to maintain integrations. Plans are sold by Paddle.com, our reseller and Merchant of Record, under its buyer terms at https://www.paddle.com/legal/buyer-terms. Custom domains are served by our hosting provider, Vercel, and the email tools, webhooks, and ad pixels you connect to a bio page are run by their own providers under your agreements with them.

8. Bio pages

You can publish a public bio page at everloud.link and, on a plan that includes it, on your own domain. You are responsible for your page, everything on it, and everything it links to. In particular, you agree that you will:

• Publish only content you have the right to publish, and nothing unlawful, misleading, or infringing;
• Have a lawful basis for the visitor information your page collects, such as email sign-ups, form answers, and what your ad pixels collect, and give your visitors your own privacy notice that covers it. For that information you are the controller and we are your processor, as our Privacy Policy at https://everloud.app/privacy describes;
• Email only people who agreed to hear from you, and honor unsubscribes. If you switch off the confirmation email for a connected email tool, you are responsible for collecting consent in another way;
• Before you add ad pixels, link your own privacy policy and make sure your consent setup meets the law where your visitors are. We load pixels only after a visitor accepts them, but what a pixel’s company collects is between you, your visitors, and that company;
• Never use a redirect, a lock, a code, a content warning, or a link to deceive visitors, to hide a harmful destination, or to send people to phishing, malware, or scams. An age check on a page is a confirmation screen, not an identity check, and you remain responsible for keeping age-restricted content from people too young to see it.

We may hide or remove a page, a block, or a link that breaks these Terms or the law, and we may suspend the account behind it. Where we can, we will tell you why.

9. Custom domains

On a plan that includes it, you can show your bio page on a domain you own, such as links.yourbrand.com.

• You must own or control the domain. You keep the domain and its registration, and you pay your domain registrar for it. We do not buy, renew, or transfer domains.
• Setup. You prove control of the domain by adding the DNS records we show you. We read your domain’s nameservers to show the steps for your DNS provider, and where your provider supports Domain Connect, you can approve the records there instead of typing them. Once the records are in place, our hosting provider, Vercel, serves your page on the domain with a TLS certificate it issues.
• Keeping it. We check the ownership record from time to time. A domain whose ownership is not proven within a week of connecting it is released. We may detach a domain whose ownership check fails, or one connected to hold a name that belongs to someone else.
• When your plan ends, your page stops showing on your domain and stays at its everloud.link address. Removing the DNS records is up to you.

10. Selling from your bio page

If you sell products from your bio page, these terms apply on top of Stripe’s own terms.

• You are the seller. Each sale is between you and your buyer. You are the seller and the merchant of record for it, and we provide the software. We are not a party to the sale.
• Payments. Sales are paid through Stripe Connect into your own Stripe Express account, which you open with Stripe under its own agreement with you. Stripe pays the money out to you, and we do not hold it.
• Fees. Any platform fee we charge on a sale is the one shown in your shop settings at the time of the sale. Stripe’s own fees are separate.
• Your responsibilities. You are responsible for your products and how you describe them, for delivering them, for taxes on your sales, for refunds, returns, and disputes, for answering your buyers, and for following consumer protection law where your buyers live. Refunds of shop sales are made by you, not by us.
• Digital products are delivered by signed download links that expire, which we email to the buyer in your page’s name.
• Sold out. If two buyers pay for the last item at the same moment, the later payment is refunded automatically.

We may switch off the shop on a page that sells anything unlawful, does not deliver what it sells, or draws an unusual number of disputes.

11. Affiliate program

If your plan includes our affiliate program, you can join it from the Affiliate screen in your settings, which gives you a referral link.

• How a referral counts. A referral counts when someone opens your link, creates a new EverLoud account from it, and then pays for a plan. We do not track referrals with cookies: your code travels in the link to the sign-up form. If someone uses more than one referral link, the last one before their first commission counts.
• What you earn. You earn a commission on what each referred account pays, after tax and discounts, at the rate, for the period, and with the hold shown on the Affiliate screen when that payment is made. Changes to those terms apply only to payments made after the change. Commissions are earned only on payments in US dollars.
• Self-referrals. You cannot earn on your own account or on one you control. A payment with strong signs that it came from you, such as the same account, email address, payment method, or business, earns nothing. A payment that shares weaker signs with you, such as the same postal code or the same device, which a household or an office can share, is held for our review, and we may refuse it.
• Payouts. When a commission’s hold ends, and our review where one applies, we pay it by hand to the PayPal address you give us, in US dollars.
• Refunds and chargebacks. If a payment is refunded or disputed, its commission is cancelled. If we already paid it, we may deduct it from your later commissions or ask you to repay it.
• If your plan stops including the program, new referrals stop counting.
• Changes. We may change or end the program at any time for future referrals and payments. We may remove you from it, and refuse commissions, for breaking these Terms, for spam, or for promoting EverLoud in a misleading way.

12. Intellectual property

We and our licensors own the Service, including all software, models, designs, and branding. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service except as permitted by law.

If you give us feedback, we may use it without restriction or obligation.

13. Confidentiality

Each party will protect the other’s non-public information with reasonable care and use it only as needed to perform under these Terms, except where disclosure is required by law.

14. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA; AND (b) OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, OR EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

16. Indemnification

You will defend and indemnify us against third-party claims arising from: (a) Customer Data; (b) your communications with your end users, including claims under telemarketing or messaging-consent laws; (c) your violation of these Terms or applicable law; or (d) your restricted or unlawful use of the Service.

17. Term, suspension, and termination

These Terms apply while you use the Service. You may cancel at any time, effective at the end of the current billing period. We may suspend or terminate the Service for material breach (including Acceptable Use violations) with notice where practicable. Upon termination, your right to use the Service ends; we will make Customer Data available for export for 30 days after termination, after which it will be deleted in the ordinary course, subject to legal retention requirements.

The sections on your data, intellectual property, confidentiality, the warranty disclaimer, limitation of liability, indemnification, governing law and disputes, and general terms survive termination, together with any other terms that by their nature should survive.

18. Governing law and disputes

These Terms are governed by the laws of the State of Maryland, without regard to conflicts-of-law rules. The state and federal courts located in Maryland will have exclusive jurisdiction, and each party consents to venue there. Each party waives any right to a jury trial to the extent permitted by law.

19. General

These Terms, together with the policies referenced in them, are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject. We may update these Terms from time to time; for material changes we will provide notice (such as by email or in-product), and changes take effect at your next renewal or 30 days after notice, whichever is earlier. If any provision is unenforceable, the rest remain in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. Neither party is liable for delays caused by events beyond its reasonable control.

20. Contact

Femi Studio LC
Email: hello@everloud.app
Support: https://everloud.app/help
1190 Winterson Rd, Suite 200 PMB 1049, Linthicum Heights, MD 21090, United States