EVDEV Terms of Service
Terms of Service
Last updated:
Please note: this website is currently under active development. Some pages, service descriptions, pricing indications, and other content may be incomplete, change without notice, or not yet reflect our most current offering. For authoritative information about scope, deliverables, or fees, please contact us directly at info@evdev.dev. These Terms of Service ("Terms") govern your access to and use of the EVDEV website at evdev.dev and any Shopify Plus design, development, SEO, or consulting services we provide. By using our website or engaging EVDEV, you agree to these Terms. If you do not agree, please do not use the website or engage our services.
01. About EVDEV
EVDEV Inc. is a Shopify Plus ecommerce agency incorporated in the Province of Ontario, Canada. We design, build, optimize, and support online stores for brands in Canada and internationally. References to "EVDEV", "we", "our", or "us" mean EVDEV Inc. References to "you" mean the individual or entity accessing the website or engaging our services.
02. Acceptance and changes to these Terms
Your use of the website or engagement of our services constitutes acceptance of these Terms and of our Privacy Policy. We may update these Terms from time to time. When we do, we will revise the "Last updated" date. Material changes will be communicated on the website or, for active clients, by email. Continued use after changes become effective constitutes acceptance of the updated Terms.
03. Website use and licence
Subject to your compliance with these Terms, EVDEV grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the website for personal and lawful business purposes. All rights not expressly granted are reserved.
You agree not to:
- Use the website in any manner that violates applicable law or regulation.
- Copy, scrape, distribute, modify, reverse-engineer, or create derivative works of any part of the website, except as permitted by law.
- Use any automated system (including bots, scrapers, or harvesters) to access the website except for search engine crawlers operating in accordance with our robots.txt.
- Attempt to gain unauthorized access to the website, its servers, or related systems.
- Interfere with the operation, security, or integrity of the website or services.
04. Services and engagements
The specific Shopify Plus services we deliver to a client — including scope, deliverables, fees, timelines, and acceptance criteria — are defined in a separate written engagement letter, Master Services Agreement, Statement of Work, or project proposal executed between EVDEV and the client ("Engagement Agreement"). In the event of any conflict between these Terms and an Engagement Agreement, the Engagement Agreement governs for the specific engagement.
Information on the website, including capabilities, case studies, and pricing indications, is provided for general information only and does not constitute a binding offer.
05. Client obligations
When you engage EVDEV, you agree to:
- Provide accurate and complete information required to deliver the services.
- Provide timely access to your Shopify admin, analytics, brand assets, and other systems as needed.
- Review and provide feedback on deliverables within agreed timelines.
- Pay invoices in accordance with the payment terms set out in your Engagement Agreement.
- Ensure you have the necessary rights, licences, and permissions for any content, data, or third-party material you provide to us.
- Comply with applicable laws, including Canadian anti-spam legislation (CASL), privacy laws, and advertising standards.
06. Intellectual property
EVDEV retains all rights, title, and interest in and to our pre-existing materials, tools, templates, frameworks, methodologies, and know-how. Upon full payment of all fees under an Engagement Agreement, EVDEV grants the client ownership or a perpetual licence (as specified in the Engagement Agreement) to deliverables created specifically for that client, excluding EVDEV pre-existing materials, open-source components, and third-party materials which remain subject to their own licences.
All trademarks, logos, and brand names displayed on the website are the property of EVDEV or their respective owners. Nothing on the website grants any licence or right to use any trademark without prior written permission.
07. Confidentiality
Each party agrees to keep confidential any non-public information the other party shares in connection with an engagement, including business plans, source code, credentials, and personal information. Confidential information may be disclosed only to employees, contractors, or advisors who need to know it and who are bound by equivalent confidentiality obligations.
08. Fees, invoicing, and taxes
Fees for Shopify Plus engagements are quoted in Canadian dollars (CAD) or United States dollars (USD) as set out in the Engagement Agreement. Unless otherwise stated, fees are exclusive of applicable taxes (including HST/GST in Canada and sales tax in the United States), which will be added to invoices at the prevailing rate.
Invoices are payable within the period specified in the Engagement Agreement (typically net 14 or net 30). Late payments may accrue interest at a rate set out in the Engagement Agreement and may result in suspension of services until paid.
09. Warranties and disclaimers
EVDEV warrants that the services will be performed in a professional and workmanlike manner consistent with industry standards applicable to Shopify Plus agencies. Any additional warranties are set out in the applicable Engagement Agreement.
Except as expressly provided in these Terms or an Engagement Agreement, the website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
10. Limitation of liability
To the maximum extent permitted by law, EVDEV, its directors, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, goodwill, data, or business interruption, arising from or in connection with your use of the website or our services, even if we have been advised of the possibility of such damages.
Our total cumulative liability for any claim arising under these Terms or any Engagement Agreement will not exceed the fees paid by you to EVDEV during the twelve (12) months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for fraud, gross negligence, wilful misconduct, or personal injury.
11. Indemnification
You agree to defend, indemnify, and hold harmless EVDEV and its directors, officers, employees, and contractors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your violation of any law or the rights of a third party, or content or data you provide to us in connection with an engagement.
12. Termination
We may suspend or terminate your access to the website at any time if you violate these Terms or applicable law. Engagement Agreements may be terminated in accordance with their own terms. Upon termination, rights and licences granted to you under these Terms end immediately, and provisions that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, and governing law) will survive.
13. Governing law and dispute resolution
These Terms and any Engagement Agreement are governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules.
Any dispute arising out of or in connection with these Terms that the parties cannot resolve through good-faith negotiation will be referred to the exclusive jurisdiction of the courts of the Province of Ontario located in the City of Toronto, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
14. Entire agreement and severability
These Terms, together with our Privacy Policy, Cookie Policy, and any applicable Engagement Agreement, constitute the entire agreement between you and EVDEV regarding the website and services, and supersede any prior or contemporaneous agreements on the same subject matter. If any provision is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
15. Contact
Questions about these Terms should be sent to:
- Email: info@evdev.dev
16. Website status and content accuracy
This website is currently under active development. While we take care to publish accurate information, some sections — including service descriptions, pricing indications, case studies, and team or capability details — may be incomplete, outdated, or subject to change without notice as we continue to build out the site.
- Content on this website is provided for general information only and does not constitute a binding offer or commitment.
- Pricing shown on the website is indicative and the authoritative scope and fees for any engagement are set out in the applicable Engagement Agreement.
- If anything on this website conflicts with information you have received directly from EVDEV in writing, the direct communication governs.
- For the most current information about our services, availability, or pricing, please contact us at info@evdev.dev.