EVOLUX XP — TERMS OF SERVICE

Last Updated: June 2026 Effective Date: Upon account creation

1. ACCEPTANCE OF TERMS

By accessing or using Evolux XP ("the Platform," "we," "us," or "our"), you ("User," "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you and the individual creator and operator of Evolux XP, based in Portugal. By creating an account or using the Platform in any way, you confirm that you have read, understood, and agree to these Terms, our Privacy Policy, our Cookie Policy, and our Billing & Refund Policy.

What Evolux XP is — and is not:

Evolux XP is a gamified personal productivity and financial organization platform. It is a tool that helps you organize your tasks, goals, habits, and personal budget through a game-like interface.

Evolux XP is not a financial advisory service, a regulated financial product, a banking or payment service, a mental health service, a medical device, an addiction treatment platform, or any kind of professional guidance tool.

2. ELIGIBILITY AND AGE REQUIREMENTS

2.1 Minimum Age

You must meet the minimum age requirement applicable in your jurisdiction to use the Platform:

| Jurisdiction | Minimum Age | |---|---| | European Union | 16 years (or lower age permitted by national law, minimum 13) | | United Kingdom | 13 years | | United States | 13 years (COPPA) | | Brazil | 13 years | | All other jurisdictions | 13 years |

A technical age gate is enforced at registration. If your date of birth indicates you are below the applicable minimum age, account creation is blocked and no data is stored. For users aged 13–17 in applicable jurisdictions, parental or guardian consent is required before creating an account.

2.2 Representation of Eligibility

By creating an account, you represent and warrant that you meet the minimum age requirements applicable in your jurisdiction. You declare this under penalty of falsity. If we become aware that a user is below the minimum age without appropriate parental or guardian consent, we will immediately terminate their account and delete all associated data without notice.

2.3 Parental Consent

If you are a parent or legal guardian providing consent for a minor user, you agree to these Terms on the minor's behalf and accept full responsibility for their use of the Platform, including any content they create or any actions they take.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access the Platform, you must register an account using a valid email address. You agree to provide accurate, current, and complete information at the time of registration and to keep this information updated.

3.2 Account Security

You are solely and entirely responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at support@evolux-xp.com if you suspect any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 One Account Per User

Each user may maintain only one active account. Creating multiple accounts for any purpose, including exploiting the free trial, manipulating rankings, or circumventing a suspension, is strictly prohibited and will result in the termination of all associated accounts.

4. FREE TRIAL

4.1 Trial Period

New users are entitled to a 3-day free trial upon creating an account, providing full access to all Platform features for three (3) calendar days from account creation.

4.2 No Payment Required During Trial

No credit card or payment method is required during the free trial. You may explore the Platform freely.

4.3 Trial Expiry

Upon expiry, access to premium features will be restricted until a paid subscription is activated.

4.4 One Trial Per User

The free trial is available once per user, per device, and per email address. Attempting to create multiple accounts to obtain additional trial periods violates these Terms and will result in account termination.

5. SUBSCRIPTION PLANS AND BILLING

5.1 Available Plans

Evolux XP offers subscription plans on a monthly and annual basis. Pricing and plan details are always available on the pricing page within the Platform and may be updated from time to time.

5.2 Billing

Subscriptions are billed through Stripe. By subscribing, you authorize Stripe to charge your selected payment method on a recurring basis according to your chosen billing cycle. You agree to Stripe's terms of service in addition to these Terms.

5.3 Subscription Activation

Your subscription becomes active immediately upon successful payment processing.

5.4 Subscription Cancellation

You may cancel your subscription at any time through your account settings. Cancellation stops future automatic renewals. You retain full access to the Platform until the end of your current paid period:

Monthly plan: access continues for the remainder of the current 30-day period
Annual plan: access continues for the remainder of the current 365-day period

5.5 Refunds — Jurisdiction-Specific Cooling-Off Windows

Evolux XP honours all mandatory consumer statutory refund rights. Refund rights vary by jurisdiction as follows:

| Jurisdiction | Cooling-Off Window | Legal Basis | |---|---|---| | European Union | 14 calendar days from subscription date | Directive 2011/83/EU on consumer rights | | United Kingdom | 14 calendar days from subscription date | Consumer Contracts Regulations 2013; DMCCA 2024 | | Brazil | 7 calendar days from subscription date | CDC Art. 49 (Lei nº 8.078/1990) | | United States | 7 days — voluntary goodwill window | No federal mandatory period; voluntary policy | | Mozambique | 7 days — voluntary goodwill window | Consumer Protection Law (Lei n.º 22/2009) | | Canada | 7 days — voluntary goodwill window | PIPEDA + provincial law | | All other countries | 7 days — voluntary goodwill window | Where local law requires more, that period applies |

For EU and UK users: If you expressly request that the service begins immediately upon subscription and acknowledge that your right of withdrawal is extinguished upon service commencement, you waive your statutory cooling-off right. This express waiver is collected during the checkout process.

After the applicable window has passed: You may cancel at any time and retain full access until the end of your current billing period. No monetary refund will be issued.

Full details of the refund process, including jurisdiction-specific contact subjects and timelines, are set out in our Billing & Refund Policy, which is incorporated into these Terms by reference.

5.6 Price Changes

Price changes will not affect your current active billing cycle. You will be notified before your next renewal, giving you the opportunity to cancel before a new price takes effect.

5.7 Failed Payments

If a payment fails, access to premium features may be suspended until payment is successfully processed.

6. VIRTUAL CURRENCY

6.1 In-Platform Currencies

Evolux XP operates an internal gamification system using three virtual currencies: XP (Experience Points), Gold, and Gems.

6.2 No Monetary Value

XP, Gold, and Gems (collectively, "Virtual Currency") have no monetary value whatsoever. They cannot be exchanged, redeemed, transferred, or sold for real money, goods, or services — either within or outside the Platform. Virtual Currency is not your property. It represents a limited, non-exclusive, non-transferable, revocable license to access certain in-platform features granted solely at our discretion.

6.3 No Gambling

The Virtual Currency system does not constitute gambling, a lottery, a sweepstakes, or any chance-based wagering. All Virtual Currency rewards are earned through defined, deterministic actions. No real money is required to earn Virtual Currency.

6.4 Modification and Termination

We reserve the right to modify, reset, or discontinue Virtual Currency balances at any time without notice and without liability to you.

7. THE PLATFORM AND ITS FEATURES

7.1 Availability

Evolux XP is available as a web application accessible on desktop and mobile browsers. We do not guarantee uninterrupted availability in all regions at all times.

7.2 Financial Organization Tools — Flow Budget

The Flow Budget module is a personal financial organization and simulation tool. It functions as a digital envelope-based budgeting system — the equivalent of a spreadsheet with visual budgeting features.

It does not connect to, access, or synchronize with any bank account, payment account, financial institution, or third-party financial service
It does not hold, move, transfer, or facilitate the movement of real money
All figures and entries within Flow Budget are entered, managed, and controlled exclusively by you
It does not constitute financial advice, investment advice, tax advice, accounting services, or any other form of regulated financial guidance under any jurisdiction's financial services legislation
Calculations and visualizations generated by Flow Budget are mathematical representations of your own inputs and should not be used as the basis for any financial decision

We strongly recommend consulting a licensed financial advisor before making any financial decision.

7.3 Habit and Productivity Tools

The habit tracking, Pomodoro focus timer, and goal management features are personal productivity and organizational tools.

They are not medical devices, clinical tools, or health services of any kind
They do not provide medical advice, psychological assessment, or any form of professional guidance
They are not a substitute for professional healthcare, therapy, coaching, or counseling
Their purpose is solely organizational: to help you track activities you have defined as important to your personal productivity

7.4 Anti-Habits Module — Mandatory Consent and Disclaimer

The Anti-Habits module allows you to track behaviors you wish to reduce or eliminate. Access to this module is gated behind an explicit, separately obtained informed consent process.

You may only access the Anti-Habits module after:

Reading and acknowledging the module-specific disclaimer
Actively confirming your consent by checking the consent checkbox and pressing the confirmation button

The Anti-Habits module is an organizational and motivational tool only. It is not a medical device, not a clinical addiction treatment tool, and does not provide medical or psychological advice, diagnosis, or treatment of any kind. Evolux XP is not a healthcare provider and does not assess, diagnose, or treat any health condition or addiction. If you are experiencing difficulties related to addiction, mental health, or any health condition, please seek help from a qualified healthcare professional.

If you decline the consent, the Anti-Habits module is inaccessible. This is not a restriction we impose punitively — it is a legal requirement to protect both you and the operator from harm and from regulatory liability.

7.5 Feature Changes

We reserve the right to add, modify, suspend, or remove any feature of the Platform at any time, with or without notice. We are not liable for any impact such changes may have on your use of the Platform.

8. USER CONDUCT AND ACCEPTABLE USE

8.1 Permitted Use

You may use the Platform solely for lawful, personal, non-commercial purposes in accordance with these Terms.

8.2 Prohibited Conduct

You agree not to:

Use the Platform for any purpose that violates applicable law in your jurisdiction or any other jurisdiction
Attempt to gain unauthorized access to the Platform, its systems, or other users' accounts
Use automated tools, bots, scripts, or scrapers to interact with the Platform
Create multiple accounts to exploit the free trial, manipulate rankings, or circumvent suspensions
Manipulate, exploit, or abuse the Virtual Currency system or gamification mechanics through unauthorized means
Attempt to reverse-engineer, decompile, or extract source code from the Platform
Interfere with the performance or availability of the Platform for other users
Upload or transmit malware, viruses, or any harmful code
Impersonate any person, entity, or the Platform itself
Harass, threaten, or harm other users
Use the Platform to facilitate fraud, money laundering, or any financial crime
Share, sell, or transfer your account to any third party

8.3 Consequences of Violations

Violations may result in immediate suspension or permanent termination of your account without refund, and may be referred to law enforcement authorities.

9. INTELLECTUAL PROPERTY

9.1 Ownership

The Platform and all of its content — including its design, visual identity, gamification system, code, text, graphics, animations, and branding — are the exclusive intellectual property of the creator and operator of Evolux XP and are protected by applicable copyright, trademark, and intellectual property laws.

9.2 Limited License to Users

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose in accordance with these Terms. This license does not include the right to copy, reproduce, distribute, sell, or create derivative works based on the Platform or any of its content.

9.3 Your Content

Content you create within the Platform (such as task names, goal descriptions, and habit labels) remains yours. By entering content into the Platform, you grant us a limited, non-exclusive license to store, process, and display that content solely for the purpose of providing the Platform services to you.

10. PRIVACY AND DATA PROTECTION

Your use of the Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and processing of your personal data as described in our Privacy Policy.

We comply with applicable data protection laws including the GDPR (EU and UK), the LGPD (Brazil), the CCPA/CPRA (California), PIPEDA (Canada), COPPA (US), and the applicable Mozambican framework (Consumer Protection Law Lei n.º 22/2009, Electronic Transactions Law Lei n.º 3/2017, and constitutional privacy protections).

11. DISCLAIMERS

11.1 No Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

11.2 Financial Disclaimer

NOTHING ON THE PLATFORM CONSTITUTES FINANCIAL ADVICE, INVESTMENT ADVICE, TAX ADVICE, ACCOUNTING ADVICE, OR ANY OTHER FORM OF REGULATED FINANCIAL GUIDANCE. THE FLOW BUDGET MODULE IS A PERSONAL ORGANIZATIONAL SIMULATION TOOL ONLY — IT IS THE DIGITAL EQUIVALENT OF A SPREADSHEET OR PAPER ENVELOPE BUDGETING SYSTEM. NO REAL MONEY IS HELD, MOVED, OR PROCESSED BY THE PLATFORM. WE ARE NOT RESPONSIBLE FOR ANY FINANCIAL DECISIONS MADE ON THE BASIS OF DATA ENTERED INTO OR DISPLAYED BY THE PLATFORM. CONSULT A LICENSED FINANCIAL ADVISOR FOR ANY FINANCIAL DECISION.

11.3 Health and Wellness Disclaimer

NOTHING ON THE PLATFORM CONSTITUTES MEDICAL ADVICE, PSYCHOLOGICAL ADVICE, PSYCHIATRIC ADVICE, OR ANY FORM OF HEALTH GUIDANCE OR CLINICAL DIAGNOSIS. THE HABIT TRACKING, ANTI-HABIT TRACKING, AND PRODUCTIVITY FEATURES ARE PERSONAL ORGANIZATIONAL TOOLS ONLY. EVOLUX XP IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE ANY FORM OF CLINICAL, THERAPEUTIC, OR MEDICAL SERVICE. IF YOU ARE EXPERIENCING MENTAL HEALTH DIFFICULTIES, ADDICTION, OR ANY HEALTH CONDITION, SEEK HELP FROM A QUALIFIED HEALTHCARE PROFESSIONAL IMMEDIATELY.

11.4 Accuracy Disclaimer

We do not guarantee the accuracy, completeness, or reliability of any calculations, summaries, or reports generated from user-entered data. We are not responsible for any decisions made based on Platform-generated information.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR OF EVOLUX XP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

TO THE EXTENT THAT LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR: (A) FRAUD OR FRAUDULENT MISREPRESENTATION; (B) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW IN YOUR JURISDICTION.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the operator of Evolux XP from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) any content you submit to or through the Platform.

14. THIRD-PARTY SERVICES

The Platform integrates with Supabase (data infrastructure), Stripe (payment processing), and Vercel (hosting). Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, content, or availability of any third-party service.

15. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. For material changes, we will notify you via email or in-app notification at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Platform and may delete your account.

16. TERMINATION

16.1 Termination by You

You may delete your account at any time through your account settings. Upon deletion, your personal data will be removed in accordance with our Privacy Policy. No refund will be issued for any remaining paid subscription period, except where a statutory cooling-off right applies as described in Section 5.5.

16.2 Termination by Us

We may suspend or permanently terminate your account at any time, with or without notice, if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. Upon termination for cause, no refund will be issued and all Virtual Currency balances are forfeited. Upon termination, your right to use the Platform ceases immediately.

17. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of Portugal and, where applicable, the laws of the European Union.

For users in Brazil: applicable provisions of Brazilian consumer law (Código de Defesa do Consumidor) apply and take precedence over any conflicting provision in these Terms to the extent required by law.

For users in the United States: applicable federal and state laws apply. Disputes may be raised with the FTC at ftc.gov.

For users in Mozambique: applicable provisions of the Consumer Protection Law (Lei n.º 22/2009) and the Electronic Transactions Law (Lei n.º 3/2017) apply. Disputes may be referred to the INAM (Instituto de Defesa do Consumidor) or the INTIC, as applicable.

We encourage resolving any disputes informally first by contacting us at support@evolux-xp.com. For EU users, you may also use the EU Online Dispute Resolution platform (ec.europa.eu/consumers/odr). For Brazilian users, disputes may be referred to PROCON or the ANPD.

18. SEVERABILITY AND ENTIRE AGREEMENT

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with the Privacy Policy, Cookie Policy, Billing & Refund Policy, Acceptable Use Policy, and Disclaimer, constitute the entire agreement between you and the operator of Evolux XP regarding your use of the Platform.

19. CONTACT

For any questions, concerns, or requests relating to these Terms:

Email: support@evolux-xp.com

We aim to respond to all inquiries within 5 business days.