Terms of Use

1. Acceptance of These Terms

These Terms of Use (the “Terms”) are a binding agreement between you and EVX Labs SpA (“EVX Labs”, “we”, “us”), a company incorporated under the laws of the Republic of Chile, domiciled in Santiago, Chile. They govern your access to and use of the EVX Tactical mobile application (the “App”) and the website evxtactical.com (together, the “Service”). These Terms operate as an End User License Agreement (“EULA”) for the App.

By downloading, installing, accessing or using the Service, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and have full legal capacity to contract in order to use the Service. By using it, you represent that you meet these requirements. The Service is not directed at minors.

3. License Grant

Subject to these Terms, EVX Labs grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App for your personal, non-commercial use on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and Conditions (and, when the Android version is released, on Android devices as permitted by the Google Play Terms of Service). The App is licensed, not sold, to you. All rights not expressly granted are reserved by EVX Labs.

4. Apple App Store Terms

If you obtained the App through the Apple App Store (including TestFlight), the following provisions apply and prevail over any conflicting term of these Terms:

1. Parties. These Terms are concluded between you and EVX Labs only — not with Apple Inc. (“Apple”). EVX Labs, not Apple, is solely responsible for the App and its content.
2. Scope of license. Your license to the App is limited to a non-transferable license to use it on Apple-branded products you own or control, as permitted by the Usage Rules of the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and support. EVX Labs is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
4. Warranty. EVX Labs is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are EVX Labs' sole responsibility.
5. Product claims. EVX Labs, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of it, including: (i) product-liability claims; (ii) any claim that the App fails to conform to applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy or similar legislation.
6. Intellectual-property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party's intellectual-property rights, EVX Labs, not Apple, is solely responsible for the investigation, defense, settlement and discharge of such claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints or claims regarding the App should be directed to: EVX Labs SpA, Santiago, Chile — support@evxtactical.com.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

When the App becomes available on Google Play, equivalent provisions will apply with respect to Google (agreement solely between you and EVX Labs; Google is not responsible for the App and is a third-party beneficiary entitled to enforce these Terms).

5. Accounts and Security

• You must provide a valid, accurate email address and keep your account information current;
• Sign-in is via Apple, Google or one-time email codes (OTP). You are responsible for maintaining the confidentiality of your email inbox and sign-in credentials, and for all activity under your account;
• Your callsign (display name) must not impersonate another person, infringe third-party rights, or be offensive, hateful or unlawful. We may reset any callsign that violates this rule;
• Notify us immediately at support@evxtactical.com if you suspect unauthorized use of your account.

6. Subscriptions, Billing and Free Trial

Premium features are offered via auto-renewable subscriptions purchased through the App Store and billed by Apple to your Apple Account. Our subscription infrastructure is managed through RevenueCat. Current plans:

• Annual — USD 59.99/year at the founding rate (standard price USD 99.99/year);
• Monthly — USD 17.99/month.

Prices in your local storefront may vary and include applicable taxes. The following applies:

• Free trial. New subscribers may receive a 14-day free trial. A valid payment method is required to start it. Unless you cancel at least 24 hours before the trial ends, the subscription starts automatically and Apple charges the plan price. Any unused trial period is forfeited when you purchase a subscription;
• Auto-renewal. Subscriptions renew automatically for successive periods equal to the one purchased unless canceled at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours prior to the end of the current period;
• Cancellation. You can cancel anytime in your device Settings (Settings → your name → Subscriptions). Cancellation takes effect at the end of the current billing period; amounts already charged are not refunded for the remaining period, except where required by law;
• Refunds. Purchases made through the App Store are billed and refunded exclusively by Apple under its policies. Refund requests must be submitted to Apple (reportaproblem.apple.com);
• Price changes. If we change subscription prices, the change will apply to renewals only after notice through the mechanisms Apple provides, and where required, with your consent. The founding rate is maintained while your subscription remains continuously active;
• Consumer rights. Nothing in this section limits non-waivable rights you hold under the consumer law of your country of residence, including Chilean Law No. 19.496.

7. Free Tier

“Armor — Phase 1” is available free of charge, without a payment method. We may modify, improve or reorganize the features included in the free tier, and we commit to keeping a free tier available; material reductions will be announced with reasonable notice.

8. User Content

The content you provide to the Service is limited to your callsign and profile/training inputs. You retain any rights you hold over it, and you grant EVX Labs a worldwide, non-exclusive, royalty-free license to host, store and process it for the sole purpose of operating and improving the Service, consistent with the Privacy Policy.

9. Acceptable Use

You agree NOT to:

• Copy, modify, translate, adapt or create derivative works of the App or its content;
• Reverse engineer, decompile or disassemble the App, or attempt to extract its source code, except to the extent such restriction is prohibited by applicable law;
• Rent, lease, lend, sell, sublicense, distribute or otherwise commercially exploit the Service or access to it;
• Share your account, or circumvent or attempt to circumvent the paywall, entitlement checks or any technical protection measure;
• Download, extract, scrape, record or redistribute the exercise videos or any other Service content;
• Interfere with the Service's operation or security (including bypassing rate limits, probing or attacking our infrastructure);
• Use the Service for any unlawful purpose or in violation of these Terms.

10. Assumption of Risk and Medical Disclaimer

11. Intellectual Property

The Service — including the App, its training system and methodology, its catalog of exercises and videos, texts, graphics, interfaces, logos, and the “EVX”, “EVX Tactical” and “EVX Labs” names and marks — is the property of EVX Labs SpA or its licensors and is protected by intellectual-property laws and international treaties. Except for the limited license in Section 3, nothing in these Terms transfers any right, title or interest in the Service to you.

12. Third-Party Services

The Service relies on third-party services — including Apple (App Store, Sign in with Apple, APNs), Google (Google Sign-In, and in the future Google Play/FCM), Supabase (backend infrastructure), RevenueCat (subscription management) and Sentry (error monitoring) — each governed by its own terms and privacy policies. We are not responsible for the availability, performance or acts of such third parties, without prejudice to our own obligations under these Terms and applicable law.

13. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, or that it will achieve any particular fitness result. This disclaimer does not affect warranties or rights that cannot be excluded under the law of your country of residence.

14. Limitation of Liability

To the maximum extent permitted by applicable law: (a) EVX Labs shall not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, data or goodwill, arising out of or related to your use of (or inability to use) the Service; and (b) EVX Labs' total aggregate liability for all claims relating to the Service shall not exceed the amounts you actually paid to use the Service during the twelve (12) months preceding the event giving rise to the claim (or USD 50 if you have paid nothing).

Exceptions. Nothing in these Terms excludes or limits: (i) liability for willful misconduct or gross negligence; (ii) liability that cannot be excluded or limited under applicable law; or (iii) the non-waivable rights held by consumers under Chilean Law No. 19.496 on consumer protection, or under the mandatory consumer law of your country of residence.

15. Indemnification

You agree to indemnify and hold harmless EVX Labs, its officers, employees and agents from any claim, damage, liability, cost or expense (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right — except to the extent attributable to EVX Labs' own fault, and without limiting rights that consumer law grants you.

16. Termination

You may stop using the Service and delete your account at any time (in-app: Settings → Account → Delete account). We may suspend or terminate your access, with notice where practicable, if you materially breach these Terms, if required by law, or if we discontinue the Service (in which case we will give reasonable notice and, where legally required, proportionate refunds for paid, undelivered periods). Sections 10 to 15, 17 and 19 to 22 survive termination.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Chile. Any dispute arising out of or in connection with these Terms or the Service shall be submitted to the ordinary courts of the city and commune of Santiago, Chile. If you use the Service as a consumer from another country, this clause does not deprive you of the protection of mandatory consumer-protection provisions, or of the jurisdiction of courts, that the law of your country of habitual residence grants you and that cannot be derogated from by agreement.

18. Language

These Terms are published in English and Spanish. Both versions are official; however, in case of discrepancy or conflict of interpretation, the English version shall prevail, as English is the language of the contractual framework of the platforms through which the App is distributed. The Spanish version is provided as a courtesy translation.

19. Severability

If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and EVX Labs regarding the Service and supersede any prior agreement or communication on the subject. Our failure to enforce any provision is not a waiver of it.

21. Changes to These Terms

We may modify these Terms as the Service or the law evolves. The “Last updated” date at the top governs. For material changes we will give you reasonable prior notice in the App or by email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms; if you do not agree, stop using the Service and, if applicable, cancel your subscription.

22. Contact

EVX Labs SpA — Santiago, Chile
Email: support@evxtactical.com