Terms of Service

1. Your account

You must be at least 18 years old and capable of forming a binding contract to use the Service. You agree to provide accurate registration information and keep it current.

You are responsible for everything that happens under your account, including the acts of anyone you invite into your organization, and for keeping your credentials confidential. Notify us at support@tryevergreen.ai promptly if you suspect unauthorized access.

Where we make team features available, an organization owner may add, remove, and change the roles of members. Members with administrative rights can view and act on the organization’s projects, content, connected accounts, and billing information, so grant those rights carefully.

2. The Service

Evergreen AI analyzes your website and your competitors’ websites, identifies content and keyword opportunities, generates articles and page enhancements using artificial intelligence, and — where you connect a content management system — publishes that content on your instruction.

We improve the Service continuously and may add, change, or remove features. If we discontinue a material feature you actively rely on, we will give you reasonable advance notice by email or in the Service. We may also impose reasonable technical limits to protect the Service and other customers.

3. Plans, usage limits, and free access

Paid subscriptions are priced per website, at the rates published on our pricing page at the time you subscribe, with volume discounts applied automatically as you add sites. Each subscribed site includes a monthly allowance of generated articles, page enhancements, and tracked competitors, as described on that page. Additional competitor tracking is available as a paid add-on.

Monthly allowances reset at the start of each calendar month and do not carry forward — note that this is the calendar month, not your billing period, so an allowance may reset partway through a billing cycle. If you exceed a limit, we may pause the affected feature until the next reset or until you upgrade.

We may offer free or limited-preview access. Free access is provided as-is, may be capped, changed, or withdrawn at any time, and carries no service commitments. Features and data available on free access may be limited compared with a paid subscription.

4. Fees, billing, and renewal

Payment. Fees are charged in advance through our payment processor, Stripe, in the currency shown at checkout. You authorize us to charge your payment method for all fees when due. You are responsible for keeping a valid payment method on file.

Automatic renewal. Subscriptions renew automatically at the end of each billing period — monthly or annual, as you selected — at the then-current rate, until you cancel. Cancel at any time from your billing settings.

Cancellation. Cancellation takes effect at the end of your current billing period. You keep access until then. We do not provide refunds or credits for partial periods, unused allowances, or periods during which you did not use the Service, except where required by law or where we expressly agree otherwise.

Changes to your subscription. If you add or remove sites or add-ons mid-period, the change takes effect immediately and is prorated — the resulting charge or credit appears on your next invoice.

Failed payments. If a payment fails, we may retry it and may suspend your subscription until payment succeeds. Content already generated remains viewable, and can be copied out of the Service, during any suspension.

Price changes. We may change our prices. We will give you at least 30 days’ notice by email before a change affects you, and it will take effect at your next renewal. If you do not accept the new price, cancel before that renewal.

Taxes. Prices exclude taxes unless stated otherwise. You are responsible for all applicable sales, use, GST, HST, VAT, and similar taxes, other than taxes on our income. Where we are required to collect tax, it is added at checkout.

5. Your content and who owns what

You own your inputs. As between you and us, you own the website content, keywords, competitor lists, brand information, instructions, and other material you provide or that we retrieve from your properties at your direction (“Customer Content”).

You own the outputs. As between you and us, you own the articles, page enhancements, metadata, and other material the Service generates for you (“Output”), subject only to your having paid the fees then due. We claim no license to publish, resell, or reuse your Output, and we do not use your Customer Content or Output to train AI models.

The license you give us. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content and Output solely to operate and support the Service for you — including transmitting it to the service providers identified in our Privacy Policy, and to any CMS or third-party service you connect. This license ends when you delete the content or close your account, except for backups pending routine deletion.

Your responsibility for inputs. You represent that you have the rights necessary to provide your Customer Content to us and to authorize the uses above, and that our processing of it will not violate any law or infringe anyone’s rights.

Feedback. If you send us suggestions about the Service, we may use them freely and without obligation to you.

6. AI-generated content — what you must know

The Service generates content using artificial intelligence. Please read this section carefully, because it describes real limitations of the technology.

• Output can be wrong. AI systems produce text that is fluent but sometimes factually incorrect, outdated, or internally inconsistent. Statistics, dates, citations, product details, prices, and claims about third parties can all be fabricated.
• Output may not be unique. Given similar inputs, the Service may generate similar Output for different customers. We do not warrant that Output is original, novel, or free of similarity to existing material, and we cannot guarantee that Output is non-infringing.
• You must review before publishing. You are solely responsible for reviewing, fact-checking, and editing Output before it is published, and for ensuring it is accurate, lawful, appropriately disclosed, and suitable for your audience and industry. This matters especially in regulated fields — health, finance, legal, and similar — where published claims carry legal consequences.
• Automated publishing is your instruction. If you enable scheduled or automatic publishing to a connected CMS, content may be published without further review by you. You accept responsibility for everything published that way, and you can disable it at any time.

You are the publisher of anything you put on your website. We are not responsible for the consequences of publishing Output, whether you reviewed it or not.

7. No guarantee of search results

Search engines and AI answer engines rank content using proprietary systems that change frequently, are outside our control, and are not disclosed to us or anyone else. Your results also depend on your website, your market, your competitors, and factors that have nothing to do with us.

Accordingly, we do not guarantee any particular outcome — including rankings, positions, impressions, clicks, traffic, indexing, inclusion in AI-generated answers, leads, conversions, or revenue. We do not guarantee that any content will be indexed or cited at all, or that results achieved will be maintained.

Any example, case study, projection, or performance figure shown on our website or in the Service is illustrative of what has been observed in a particular case. It is not a promise, prediction, or warranty of what you will achieve.

Search engines may also penalize or de-index sites for content they judge to violate their own guidelines. You are responsible for ensuring the content you publish complies with the policies of the platforms you publish to.

8. Acceptable use

You agree not to:

• use the Service to generate or publish content that is unlawful, defamatory, harassing, deceptive, or that infringes anyone’s intellectual property or privacy rights;
• generate content impersonating a real person or organization, or content presented as genuine that is fabricated — including fake reviews, testimonials, endorsements, or news;
• submit websites, domains, or properties you do not own or are not authorized to act for;
• use the Service to produce spam, link schemes, doorway pages, cloaked content, or other material intended to manipulate search rankings in violation of a search engine’s guidelines;
• attempt to gain unauthorized access to the Service, other customers’ data, or our infrastructure; probe or scan our systems; or interfere with their operation;
• circumvent usage limits, rate limits, access restrictions, or billing;
• resell, sublicense, or provide the Service to third parties as your own service, except under a written agreement with us;
• reverse engineer the Service, or use it to build a competing product, or use automated means to extract data from it beyond the features we provide;
• use the Service to develop or train a machine learning or AI model.

We may investigate suspected violations and may suspend or terminate access for conduct that we reasonably believe violates these Terms or creates risk or legal exposure for us, our providers, or other customers. Where practical and lawful, we will notify you first and give you a chance to correct the problem.

9. Connected accounts and third-party services

The Service integrates with third-party services — Google Search Console, content management systems, and others. When you connect one, you authorize us to access and act on it as needed to provide the features you have enabled, including publishing and updating content on your website.

Those services are controlled by their providers, not by us. Their terms and privacy policies govern your use of them, they may change or discontinue their functionality without notice to us, and we are not responsible for their acts, omissions, availability, or accuracy of the data they supply. If a provider changes or revokes access, related features may stop working.

You are responsible for maintaining your own backups of your website. Publishing changes content on your site, and while we take care, you should not rely on us as your only copy.

10. Availability and support

We aim to keep the Service available and reliable, but we do not commit to a specific uptime level unless we have agreed one with you in writing. The Service may be unavailable during planned maintenance, and may be interrupted by events outside our control — including failures of the third-party providers the Service depends on.

Support is provided by email at support@tryevergreen.aiduring business hours in Ontario, Canada. We aim to respond within one business day.

11. Confidentiality

Each of us may receive non-public information from the other. Both of us agree to protect the other’s confidential information with at least reasonable care, to use it only for purposes of this agreement, and not to disclose it except to personnel and advisors bound by similar obligations. This does not apply to information that is public through no fault of the recipient, was already known to the recipient, is independently developed, or must be disclosed by law — in which case the recipient will give notice where legally permitted.

12. Term, suspension, and termination

These Terms apply from the moment you first use the Service until your account is closed.

You may terminate at any time by cancelling your subscription, and you can ask us to close your account entirely by emailing support@tryevergreen.ai. We may terminate or suspend your access if you materially breach these Terms and do not cure the breach within 15 days of notice, if your payment remains unpaid, if required by law, or if we cease offering the Service — in which case we will give you at least 30 days’ notice and refund any prepaid fees for the unused portion of your term.

Before you go, copy out anything you want to keep — generated content can be copied from the Service in Markdown or HTML at any time while your account remains open. We recommend doing this before you cancel.

After termination, your right to use the Service ends immediately, and we may delete your content in accordance with the retention periods in our Privacy Policy. Content you already published to your own website is unaffected and remains yours.

Sections 5 (ownership), 7 (no guarantee), 11 (confidentiality), 13 (disclaimers), 14 (liability), 15 (indemnification), and 17 (governing law) survive termination, along with any accrued payment obligations.

13. Disclaimers

Except as expressly stated in these Terms, the Service and all Output are provided “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranties arising from course of dealing or trade usage.

We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, that data supplied by third-party providers is accurate or complete, or that Output will be accurate, original, non-infringing, or fit for your purposes.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent permitted, and nothing in these Terms limits any non-waivable statutory rights you have as a consumer — including under Ontario’s Consumer Protection Act, 2002.

14. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, loss of search rankings or traffic, or loss or corruption of data — even if advised that such damages were possible.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the amount you paid us in the twelve months before the event giving rise to the claim, or CAD $100 if you have not paid us anything.

These limits do not apply to your obligation to pay fees, to either party’s liability for fraud, fraudulent misrepresentation, gross negligence, or willful misconduct, or to any liability that cannot be limited or excluded by law — including death or personal injury caused by negligence.

These limitations allocate risk between us and are reflected in our pricing. They apply even if a limited remedy fails of its essential purpose.

15. Indemnification

You agree to defend, indemnify, and hold us harmless from third-party claims, damages, losses, and reasonable legal costs arising from your Customer Content, your publication or use of Output, your use of the Service in violation of these Terms or applicable law, or your infringement of a third party’s rights. We will notify you promptly of any such claim, give you control of the defence, and cooperate reasonably at your expense. You may not settle a claim in a way that imposes obligations on us without our written consent.

16. Changes to these Terms

We may update these Terms as the Service and the law change. For material changes we will give you notice — by email, in the Service, or by asking you to accept the updated Terms the next time you sign in — at least 30 days before they take effect, unless a change is required by law or addresses a security issue, in which case it may take effect sooner.

Continuing to use the Service after the effective date means you accept the updated Terms. If you do not accept them, stop using the Service and cancel your subscription; we will refund any prepaid fees for the unused portion of your term.

17. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and we agree to the exclusive jurisdiction of the courts located in Ontario, Canada, and waive any objection to venue there. Nothing prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Before filing a claim, we each agree to try to resolve the dispute informally by contacting the other and negotiating in good faith for 30 days.

If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction whose law grants you the protection of your local courts and mandatory consumer rules, nothing in this section deprives you of that protection.

18. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the Service and replace any prior understandings. If we have signed a separate written agreement with you, that agreement controls where it conflicts.

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Severability and waiver. If a provision is held unenforceable, it is modified to the minimum extent necessary and the rest remains in force. A failure to enforce a provision is not a waiver of it.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

No third-party beneficiaries. These Terms create no rights for anyone other than you and us.

Notices. We give notice to the email address on your account; you give notice to support@tryevergreen.ai or to the address below. Notices are effective when sent.

Relationship. These Terms do not create a partnership, joint venture, agency, or employment relationship between us.

Language. These Terms are drafted in English. Les parties ont exigé que la présente convention soit rédigée en anglais.

19. Contact us

Questions about these Terms:

support@tryevergreen.ai