EvoCoat Legal
End User License Agreement
1. Acceptance
By selecting “I agree,” installing, activating, accessing, or using EvoCoat, you accept this Agreement, the Privacy Policy, and the Formula and Safety Notice. If you do not agree, do not install or use EvoCoat.
2. License grant
Subject to this Agreement and payment of any applicable fees, EvoCoat grants you a limited, revocable, non-exclusive, non-transferable license to install and use the software for your organization’s internal professional automotive refinishing operations during the authorized subscription or account term. Account and device limits shown in your order, activation record, or account settings are part of this license.
3. Accounts and activation
- You must provide accurate account information and protect login credentials.
- You may not share an individual account outside the authorized organization.
- Device identifiers may be used to activate, secure, renew, or revoke a license.
- You are responsible for activity performed through your account or activated device.
- You must promptly notify us if credentials or an activated device are compromised.
4. Restrictions
You may not, except where applicable law expressly permits:
- copy, resell, sublicense, rent, lease, publish, or commercially redistribute EvoCoat;
- circumvent account, activation, subscription, access-control, or update mechanisms;
- reverse engineer, decompile, disassemble, or attempt to discover non-public source code;
- scrape, export, or reproduce the formula database to create or improve a competing database or service;
- remove copyright, trademark, attribution, safety, or proprietary notices;
- use EvoCoat unlawfully, unsafely, or in a manner that interferes with the service or other users.
5. EvoCoat content and intellectual property
EvoCoat and its software, interface, compilations, formula database, database structure, documentation, branding, and related content are owned by EvoCoat or its licensors and are protected by intellectual-property laws. No ownership rights are transferred to you. Vehicle, paint, printer, and other third-party names may be trademarks of their respective owners and do not imply endorsement.
6. Your formulas and business data
As between you and EvoCoat, you retain ownership of original formulas, notes, customer references, and other content you enter (“User Content”). You grant EvoCoat a limited license to host, copy, transmit, encrypt, back up, restore, and process User Content solely to operate, secure, synchronize, support, and improve the features you use.
You represent that you have the right to provide User Content and that it does not violate law, confidentiality obligations, or another party’s rights. Do not enter sensitive personal information that is unnecessary for paint-formula work. You remain responsible for maintaining any business records or backups you are legally required to keep.
7. Professional use and formula verification
EvoCoat is a professional reference and workflow tool. Formula, color, cost, weight, VOC, regulatory, label, and vehicle information may contain errors, omissions, outdated information, or variation caused by materials, substrate, application method, equipment, environment, batch, or source data. You must review and verify results before production use. The Formula and Safety Notice is incorporated into this Agreement.
8. Updates and availability
EvoCoat may download and install security, database, compatibility, or feature updates. Updates may modify or discontinue features. We may suspend access for maintenance, security, non-payment, expiration, suspected misuse, or legal requirements. We do not guarantee uninterrupted or error-free availability.
9. Privacy
Our collection and processing of personal information are described in the Privacy Policy. You agree that required service communications, security notices, activation messages, and update notices are transactional and may be sent while your account remains active.
10. Third-party components
EvoCoat includes third-party and open-source software governed by separate license terms. Those terms are available in the Third-Party Notices. This Agreement does not limit rights granted directly under an applicable open-source license.
11. Term and termination
This Agreement continues until terminated. Your license may end when the account expires, the subscription ends, or this Agreement is materially breached. On termination, you must stop using EvoCoat and uninstall copies under your control. Provisions concerning ownership, restrictions, disclaimers, liability, and dispute terms survive termination.
12. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOCOAT IS PROVIDED “AS IS” AND “AS AVAILABLE.” EVOCOAT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COLOR MATCH, SAFETY, AND REGULATORY COMPLIANCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOCOAT AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, MATERIAL WASTE, REWORK, LOSS OF GOODWILL, VEHICLE DAMAGE, OR PROPERTY DAMAGE ARISING FROM EVOCOAT, EVEN IF ADVISED OF THE POSSIBILITY. EVOCOAT’S AGGREGATE LIABILITY ARISING FROM THE SOFTWARE WILL NOT EXCEED THE AMOUNT PAID FOR EVOCOAT DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY WHERE APPLICABLE LAW PROHIBITS THEM.
14. Your responsibility
You are responsible for your use of EvoCoat, your mixing and application decisions, workplace safety, product compatibility, compliance obligations, and acts of personnel using your account. You agree to defend and indemnify EvoCoat from third-party claims arising from unlawful use, violation of this Agreement, or User Content, except to the extent caused by EvoCoat’s own conduct and except where applicable law prohibits such an obligation.
15. Governing law
This Agreement is governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Unless applicable law requires otherwise, disputes will be brought in a state or federal court located in New Jersey, and the parties consent to personal jurisdiction there.
16. General terms
This Agreement and incorporated notices are the entire agreement concerning the software unless a signed written agreement says otherwise. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue. Failure to enforce a provision is not a waiver. You may not assign this Agreement without our written consent; we may assign it as part of a merger, reorganization, asset transfer, or business sale.
17. Changes and contact
We may update these terms prospectively. Material changes will be identified by a new effective date or legal version and may require renewed acceptance. Questions may be submitted through www.evocoats.com/#contact.