Terms of service

Terms and Conditions

Last updated: August 27, 2025

Please read these Terms and Conditions carefully before using Our Service.

1. Interpretation and Definitions

1.1 Interpretation

Words with capitalized initials have specific meanings defined below. These definitions apply equally whether in singular or plural form.

1.2 Definitions

  • Application – the software program provided by the Company.

  • Application Store – the digital distribution service operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) where the Application has been downloaded.

  • Affiliate – any entity that controls, is controlled by, or is under common control with a party.

  • Account – a unique account created for You to access Our Service.

  • Country – Utah, United States.

  • Company – EverScent, LLC, 727 S. 250 W., Orem, UT 84058.

  • Device – any device that can access the Service (e.g., computer, cellphone, tablet).

  • Feedback – feedback, innovations, or suggestions provided by You regarding the Service.

  • Service – the Application.

  • Terms and Conditions (Terms) – this agreement between You and the Company governing use of the Service.

  • Third-party Social Media Service – services or content provided by third parties that may be displayed or made available through the Service.

  • You – the individual or entity accessing or using the Service.

2. Acknowledgment

  • These Terms govern your use of the Service.

  • By accessing or using the Service, You agree to be bound by these Terms.

  • If You do not agree, You may not use the Service.

  • You represent that You are over the age of 18. The Service is not available to users under 18.

  • Your use of the Service is also subject to Our Privacy Policy.

3. User Accounts

  • You must provide accurate and complete information when creating an Account.

  • You are responsible for safeguarding your password and any actions under your Account.

  • Accounts are personal and non-transferable.

3.1 Prohibited Uses

You agree not to use the Service to:

  • Engage in illegal activities.

  • Attempt unauthorized access to systems or networks.

  • Disrupt the integrity or performance of the Service.

  • Upload or transmit malware or harmful code.

  • Reverse engineer, decompile, or disassemble the Application.

  • Use the Service for commercial purposes without Our consent.

4. Purchases, Subscriptions, and Payments (if applicable)

  • Payments must be made through approved Application Stores or payment processors.

  • Unless required by law, all purchases are final and non-refundable.

  • Subscriptions may automatically renew unless canceled in your Application Store settings.

  • The Company is not responsible for errors or disputes related to third-party payment processors.

5. License Grant & Restrictions

We grant You a limited, non-exclusive, non-transferable, revocable license to use the Application.

You may not:

  • Copy, modify, or create derivative works of the Application.

  • Sell, distribute, sublicense, or rent the Application.

  • Make the Application available over a network for multiple users.

6. Intellectual Property

  • The Service and its original content, features, and functionality remain the exclusive property of the Company.

  • The Service is protected by copyright, trademark, and other applicable laws.

  • Our trademarks may not be used without written permission.

7. Feedback

By submitting Feedback, You:

  • Assign all rights, title, and interest to the Company, or

  • Grant Us a perpetual, irrevocable, royalty-free license to use and exploit such Feedback worldwide.

8. Links to Third-Party Websites

  • The Service may contain links to websites not owned or controlled by the Company.

  • We are not responsible for the content, privacy policies, or practices of third parties.

9. SMS Terms 

  • By enrolling in or using our SMS service, you agree to these SMS Terms. We may change or discontinue the service or its features at any time without notice. Continued use after any change to these SMS Terms means you accept them. By opting in, you agree to receive recurring SMS/text messages from or on behalf of EverScent, LLC at the number you provided. Messages may be sent using an automatic dialing system or other automated technology and are powered by Recharge, Inc. Messages may include transactional (e.g., order updates, account alerts) and promotional content (e.g., special offers, product launches, cart reminders). Your consent is not required to make a purchase. Participation is voluntary. Message frequency may vary. Standard message and data rates may apply; check with your carrier for details. To opt out, reply “STOP” to any message. For help, contact us at help@everscent.com. EverScent, LLC is not responsible for delayed or undelivered messages. Carriers are not liable for message delays or failures. If your mobile number changes, you must re-enroll to continue receiving messages. If your number is on a Do Not Call registry, your consent still allows us to message you, as permitted by law. For details on how we collect, use, and protect your data, see our [Privacy Policy](https://everscent.com/policies/privacy-policy).

10. Termination

  • We may suspend or terminate Your Account immediately if You breach these Terms.

  • Upon termination, Your right to use the Service ceases immediately.

  • You may terminate your Account by discontinuing use of the Service.

11. Indemnification

You agree to indemnify and hold harmless the Company, its officers, employees, and affiliates from claims, damages, or expenses arising from:

  • Your use of the Service,

  • Violation of these Terms, or

  • Infringement of third-party rights.

12. Limitation of Liability

  • The Company’s liability is limited to the amount paid by You through the Service, or USD $100 if no payment was made.

  • We are not liable for indirect, incidental, or consequential damages.

  • Some jurisdictions do not allow certain limitations, so these may not apply to You.

13. “AS IS” and “AS AVAILABLE” Disclaimer

  • The Service is provided without warranties of any kind.

  • We do not guarantee uninterrupted or error-free Service.

  • We disclaim all implied warranties to the fullest extent permitted by law.

14. Service Availability & Updates

  • We may modify, suspend, or discontinue the Service at any time.

  • Updates or changes may alter functionality.

  • We do not guarantee compatibility with all devices or operating systems.

15. Governing Law

These Terms are governed by the laws of the State of Utah, United States.

15. Dispute Resolution

  • You agree to attempt informal resolution by contacting us first.

16.1 Arbitration (US Users)

  • Any dispute shall be resolved by binding arbitration in Utah.

  • You waive the right to participate in class actions or class-wide arbitration.

17. International Use

You are responsible for ensuring compliance with local laws when accessing the Service outside the United States.

18. Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control, including natural disasters, strikes, internet outages, or government actions.

19. Severability and Waiver

  • If any provision is found unenforceable, the remainder of the Terms will continue in effect.

  • Failure to enforce any right does not constitute a waiver of future enforcement.

20. Translation

If these Terms are translated into other languages, the English version will control in the event of a dispute.

21. Changes to Terms

  • We may modify these Terms at any time.

  • For material changes, We will provide reasonable notice before the new Terms take effect.

  • Continued use of the Service after changes means You accept the new Terms.

22. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between You and the Company.

23. Contact Us

If you have any questions about these Terms and Conditions: