Legal

Last Updated: [August 23, 2025]

Welcome to Evolari. By accessing or purchasing from this website, you agree to the following legally binding Terms and Conditions. These provisions are drafted to maximize compliance with applicable U.S. law and to limit Evolari’s liability to the fullest extent permitted.

1. Governing Law & Jurisdiction

This Agreement shall be governed by and construed under the laws of the State of Missouri and the United States, including the Uniform Commercial Code (UCC) as adopted in Missouri. All disputes shall be heard exclusively in the state or federal courts of [Insert County], Missouri. Purchasers expressly consent to the personal jurisdiction of these courts.

2. Eligibility

By using this website, you represent that you are at least 18 years of age or the age of majority in your jurisdiction and legally competent to enter into a binding contract.

3. Disclaimer of Warranties (UCC §§ 2-314, 2-315, 2-316)

Except where expressly stated in a written limited warranty:

  • Evolari products are provided “AS IS” and “AS AVAILABLE.”

  • Implied warranties of merchantability (§ 2-314) and fitness for a particular purpose (§ 2-315) are expressly disclaimed.

  • Purchasers acknowledge no oral or written statements, marketing slogans, or advertisements shall create additional warranties beyond those expressly written.

4. Limitation of Liability (UCC § 2-719; Restatement (Second) of Contracts § 351)

  • Evolari shall not be liable for incidental, consequential, punitive, or special damages, including but not limited to loss of profits, emotional distress, data loss, or reputational harm.

  • Maximum liability for any claim shall not exceed the purchase price paid for the specific product.

  • Limitations apply even if Evolari has been advised of the possibility of damages.

5. Marketing & Advertising Disclaimer (FTC Puffery Doctrine)

  • Evolari employs persuasive and emotional marketing strategies, including language designed to evoke urgency, fear of loss, or aspirational desire. Purchasers acknowledge that such statements constitute puffery, which under FTC and federal case law is legally recognized as non-actionable exaggeration.

  • Examples of puffery include, but are not limited to:

    • “Never Feel Powerless Again.”

    • “Protect What Matters Most.”

    • Any statements suggesting empowerment, dominance, or absolute safety.

  • Purchasers agree these statements are not guarantees of safety, security, or legal protection, but are subjective sales language.

6. No Guarantee of Safety or Legal Protection

  • Evolari dashcams are tools for recording and monitoring. They do not prevent accidents, guarantee evidence admissibility, or ensure favorable legal outcomes.

  • Purchasers assume all risk in relying on dashcam footage for law enforcement, insurance, or litigation.

7. Product Use Compliance (18 U.S.C. § 2511 and State Laws)

  • Purchasers are solely responsible for compliance with state wiretapping/consent laws and international privacy laws.

  • Evolari disclaims any liability arising from unauthorized recording, data misuse, or violations of third-party rights.

8. Emotional & Psychological Impact Disclaimer

  • Evolari acknowledges that its advertising may use psychological triggers, including loss aversion, fear of vulnerability, and urgency cues, which can affect decision-making.

  • Purchasers agree and acknowledge that:

    1. Evolari’s marketing may cause emotional discomfort or feelings of urgency.

    2. Such tactics are legally permitted under FTC standards for persuasive advertising so long as they are not literally false.

    3. By proceeding with purchase, the customer waives any claim that Evolari’s advertising caused involuntary, coerced, or manipulated consent.

9. Privacy & Data

  • Evolari collects and processes customer data in accordance with U.S. law.

  • International customers acknowledge their data will be transferred and stored in the United States.

  • Evolari employs reasonable security measures but does not guarantee protection against all cyber threats.

10. Indemnification

You agree to indemnify and hold Evolari harmless from any claims, losses, or damages arising from:

  1. Misuse of Evolari products;

  2. Violation of recording, privacy, or traffic laws;

  3. Reliance on Evolari advertising or marketing content beyond the explicit written warranty.

11. Assumption of Risk & Waiver

By purchasing Evolari products, you acknowledge and agree that:

  • You have not relied on Evolari marketing or advertising as a factual guarantee.

  • You alone bear responsibility for interpreting marketing content and deciding to purchase.

  • You waive the right to claim that Evolari advertising, marketing, or emotional influence deprived you of free will or autonomy in purchasing.

12. Severability & Entire Agreement

If any provision is deemed unenforceable, the remainder shall remain valid. These Terms, together with Evolari’s Privacy Policy and Warranty Policy, constitute the entire agreement, superseding all prior communications.