Terms of Service

Effective Date: October 30, 2025

Company: The Evolve Kernel, Inc. d/b/a ‘EvolveNP’ (“EvolveNP,” “we,” “us,” or “our”)
Contact: Zak@Evolve-NP.com

These Terms of Service (“Terms”) govern your access to and use of our websites, dashboards, APIs, documentation, and related services (collectively, the “Services”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1) What we are (and what we are not)

EvolveNP provides on-chain software and dashboards that interact with smart contracts which route, convert, and forward designated crypto assets to nonprofit-controlled wallets under transparent rules. We do not custody funds, do not operate as a broker, exchange, money transmitter, or fiduciary, and do not provide investment, legal, tax, or accounting advice.

2) Eligibility

You must be at least 18 and legally able to enter these Terms. You may not use the Services if you are in a sanctioned or restricted jurisdiction or on an applicable sanctions list (e.g., OFAC SDN).

3) Accounts & Access

You’re responsible for your account, safeguarding credentials, and keeping information accurate. We may suspend access for suspected breach, abuse, security, or legal risk.

4) Custody model; your wallets & keys

Nonprofits have custody. Participating nonprofits onboard and control their receiving wallets (e.g., a Safe multisig). The standard configuration is 3-of-5: three nonprofit signers plus two EvolveNP emergency signers.

No unilateral control by EvolveNP. EvolveNP cannot move funds. Outbound transfers require three nonprofit signatures, and EvolveNP signatures do not count toward that threshold. Our two keys exist only to co-sign security actions, never to transfer assets.

Limited co-sign scope (security only). EvolveNP may co-sign pause/unpause, paused-only allowlisted upgrades, or emergency exits that forward assets only to the nonprofit’s designated Safe or verified replacement treasury.

You hold your keys. Nonprofits can add/remove/rotate EvolveNP emergency keys at any time.

Irreversibility. Blockchain transactions are generally final once broadcast; verify details before signing.

5) Contracts, immutability, and controls

• Immutable core: Core economic logic (thresholds, cadence, send/burn math) is immutable.
• Upgrades/pause (bounded): Non-economic components may be upgradeable or pausable under strict controls (paused-only upgrades, allowlisted code, and nonprofit approvals).
• Closed-intake flows: Donation/forwarder contracts accept only designated sources and auto-convert before forwarding to nonprofit wallets.
• No discretionary redirection: Contracts never forward to EvolveNP or unapproved third parties.

6) Nonprofits, donors, and records

Nonprofits remain responsible for charitable registrations, donor receipts, accounting, and tax filings. EvolveNP is not the fundraiser of record and does not issue tax receipts.

Logs and CSV exports are conveniences only; nonprofits must review and use them appropriately.

7) Fees & costs

• Blockchain gas and DEX/router fees apply to on-chain activity.
• EvolveNP platform fees (if any) will be disclosed in the interface or order form.
• You are responsible for all third-party fees (e.g., exchanges, banks, custodians).

8) Compliance commitments (your obligations)

• No investment promises; no claims of profits or returns.
• Do not use the Services to violate sanctions or AML laws.
• You are responsible for compliance with local laws (charitable, tax, privacy, etc.).

9) Risks you accept

Crypto assets are volatile and high-risk. Smart contracts, oracles, and networks can fail or fork. EvolveNP is not liable for on-chain failures, third-party services, or losses from compromised keys or misconfigurations.

10) Acceptable use

• No security circumvention, malware, or illegal activity.
• No misrepresentation of nonprofit status or deceptive fundraising claims.
• No investment solicitation using the Services.

11) Third-party services

We integrate with third-party tools (wallets, DEXs, analytics). They have their own terms and we are not responsible for their acts or availability.

12) Intellectual property

We (and licensors) own the Services and related IP. You receive a revocable, non-exclusive, non-transferable license to use them. Reverse engineering or derivative works are prohibited.

13) Feedback

Feedback you provide grants us a perpetual, royalty-free license to use it without restriction.

14) Privacy

See our Privacy Policy for how we handle information. By using the Services, you consent to those practices.

15) Changes to the Services and Terms

We may update the Services and these Terms. Material changes will be posted with a new effective date. Continued use constitutes acceptance.

16) Suspension & termination

We may suspend or terminate access for breach, security, or legal risk. Upon termination, your right to use the Services ends; provisions that should survive (e.g., disclaimers, limitations) remain in force.

17) Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES OR SMART CONTRACTS WILL BE ERROR-FREE, SECURE, OR CONTINUOUSLY AVAILABLE.

18) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOLVENP AND ITS OFFICERS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES. OUR AGGREGATE LIABILITY WILL NOT EXCEED $100 OR THE AMOUNT YOU PAID US IN THE PREVIOUS 12 MONTHS.

19) Indemnification

You agree to defend and hold harmless EvolveNP from any claims or liabilities arising from your use of the Services, content, or violations of these Terms or law.

20) Governing law; disputes

These Terms are governed by Delaware law. Any disputes will be resolved by binding arbitration administered by AAA under its Commercial Rules. Seat: Delaware; proceedings may occur by video.

You and EvolveNP waive the right to jury trials or class actions. You may opt out of arbitration within 30 days by emailing legal@evolve-np.com.

21) Notices

We may provide notices via the Services, email, or postings. You consent to electronic communications. Legal notices to us must be sent to the contact above and to our registered agent in Delaware.

22) Severability; waiver; assignment

If any provision is unenforceable, the rest remain effective. Failure to enforce is not a waiver. You may not assign these Terms without consent; we may assign them during a merger or acquisition.

23) Entire agreement

These Terms, plus any order form and our Privacy Policy, constitute the entire agreement between you and EvolveNP regarding the Services.