Terms of Service

1. Agreement to Terms

By accessing, browsing, or using the Texas DIR AI Awareness Training platform (the "Platform" or "Service") operated by Evolve AI Institute ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

If you are accepting these Terms on behalf of a government entity, organization, or employer, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to both you individually and the entity you represent.

If you do not agree to all of these Terms, you must not access or use the Platform.

2. Electronic Communications and Signatures

By using the Platform, you consent to receive electronic communications from us, including account notifications, service updates, security alerts, and legal notices. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

You agree that your electronic acceptance of these Terms, your account registration, and any actions you take on the Platform (such as completing assessments or acknowledging policies) constitute valid electronic signatures under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. Section 7001 et seq.) and the Texas Uniform Electronic Transactions Act (Texas Business and Commerce Code Chapter 322).

3. Eligibility and Account Registration

Eligibility: The Platform is intended for:

• Texas state and local government employees required to complete AI awareness training under Texas Government Code Section 2054.5193
• Other authorized personnel enrolled by their government employer
• Individuals who register and pay for individual access

You must be at least eighteen (18) years of age to use the Platform.

Registration Obligations: When you register, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your registration information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately at support@evolveaiinstitute.com of any unauthorized access to your account
• Accept full responsibility for all activities that occur under your account

Account Termination: We reserve the right to suspend or terminate any account that:

• Contains false or misleading registration information
• Violates any provision of these Terms
• Is used for unauthorized or unlawful purposes
• Has been inactive for more than twenty-four (24) consecutive months

4. Account Sharing Prohibition

Each account is for a single individual user only. Account sharing is strictly prohibited. You shall not share your login credentials with any other person, allow any other person to access the Platform through your account, or complete training or assessments on behalf of another person.

Consequences of Account Sharing:

• Immediate suspension or permanent termination of all related accounts
• Revocation of any certificates issued under the affected accounts
• Notification to the associated government entity or employer
• Forfeiture of all fees paid, with no refund
• Potential legal action for fraud or misrepresentation

We employ technical measures to detect account sharing, including login pattern analysis and concurrent session monitoring. Evidence of account sharing may be shared with government employers for compliance purposes.

5. Acceptable Use Policy

You agree NOT to:

• Complete training or assessments on behalf of another person
• Use the Platform for any illegal, fraudulent, or unauthorized purpose
• Attempt to gain unauthorized access to the Platform, other accounts, or our systems
• Copy, reproduce, distribute, display, or create derivative works from course materials without our prior written permission
• Use automated tools, bots, scrapers, or crawlers to access the Platform (except screen readers and other assistive technologies)
• Interfere with, disrupt, or place an unreasonable burden on the Platform or its infrastructure
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any Platform software
• Circumvent, disable, or interfere with any security features, access controls, or digital rights management measures
• Upload or transmit viruses, malware, or other malicious code
• Use the Platform to transmit unsolicited commercial communications
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Use any information obtained from the Platform to harass, abuse, or harm another person

Violation of this Acceptable Use Policy may result in immediate account suspension or termination, certificate revocation, and referral to appropriate legal or regulatory authorities.

6. Payment, Fees, and Refunds

Fees: Access to course content requires payment unless you have been enrolled through a government entity bulk agreement or have a valid promotional code. All fees are listed on the Platform in U.S. Dollars and are subject to change with reasonable notice.

Payment Processing: Payments are processed securely through our third-party payment processors (PayPal and/or Stripe). We do not store your complete credit card number or bank account details. By submitting payment, you represent that you are authorized to use the payment method provided.

Refund Policy:

• Full Refund: Available within seven (7) days of purchase if no course content has been accessed beyond the first page of Module 1.
• No Refund: No refund is available after accessing course content beyond the first page, completing any assessment, or receiving a certificate.
• Certificate Fees: Non-refundable once a certificate has been issued.
• Chargebacks: If you initiate a payment dispute or chargeback after accessing course content, we reserve the right to suspend your account, revoke any issued certificates, and notify your government employer.

Government Entity / Enterprise Accounts: Fees, payment terms, and refund policies for government entity bulk enrollments are governed by the separate Enterprise Agreement or Purchase Order between the entity and Evolve AI Institute. In the event of a conflict between these Terms and an Enterprise Agreement, the Enterprise Agreement shall control for that entity's users.

7. Government Entity and Bulk Enrollment Terms

Government entities enrolling multiple employees may enter into a separate Enterprise Agreement governing volume pricing, designated administrator access, compliance reporting, data handling, and other terms specific to institutional use.

Government entity administrators are responsible for:

• Ensuring that only authorized employees are enrolled under the entity's account
• Maintaining accurate employee enrollment records
• Designating an authorized compliance contact for reporting purposes
• Complying with all applicable procurement laws and regulations

Government entity administrators may access completion and compliance data for their enrolled employees as described in our Privacy Policy. Access is limited to the data necessary for compliance reporting under Texas Government Code Section 2054.5193.

8. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, trademarks, trade names, images, audio, video, software, course materials, assessments, and the design and arrangement thereof (collectively, "Content"), is the exclusive property of Evolve AI Institute or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License: Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for your personal, non-commercial training purposes. This license does not include the right to:

• Reproduce, distribute, or publicly display any Content
• Modify, adapt, translate, or create derivative works from the Content
• Remove any copyright, trademark, or other proprietary notices from the Content
• Use the Content for any commercial purpose or to develop competing products or services
• Share, resell, or sublicense access to the Content

This license terminates automatically upon termination of your account or violation of these Terms.

9. Certificates

Earning Certificates: To earn a certificate of completion, you must:

• Complete all required course modules
• Pass the final comprehensive assessment with a score of 80% or higher
• Have a paid, active account in good standing
• Have completed the training yourself (no proxy completion)

Certificate Validity: Certificates are valid for the fiscal year in which they are issued, for purposes of annual compliance reporting under Texas Government Code Section 2054.5193.

Certificate Verification: Certificates include a unique ID and are verifiable by third parties through our public verification system. Verification displays only the certificate holder's name, certificate ID, course title, and date of issuance.

Certificate Fraud: The following constitute certificate fraud and are strictly prohibited:

• Falsifying, altering, or forging a certificate
• Completing training or assessments on behalf of another person
• Presenting another person's certificate as your own
• Using any means to circumvent assessment integrity

Consequences of Certificate Fraud:

• Immediate and permanent revocation of the certificate
• Permanent termination of the user's account
• Notification to the user's government employer and, where appropriate, the Texas Department of Information Resources
• Referral to appropriate law enforcement authorities
• Civil liability for all damages suffered by Company, including reputational harm

Revocation: We reserve the right to revoke certificates if:

• Certificate fraud or cheating is discovered
• These Terms of Service were materially violated
• Payment was reversed, disputed, or determined to be fraudulent
• The certificate was issued in error

10. Copyright Infringement and DMCA Notices

We respect the intellectual property rights of others. If you believe that any Content on the Platform infringes your copyright, please submit a notice to our designated DMCA agent in accordance with the Digital Millennium Copyright Act (17 U.S.C. Section 512):

DMCA Agent:
Evolve AI Institute
Attn: DMCA Agent
Email: legal@evolveaiinstitute.com

Your notice must include:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to be infringed
• Identification of the material claimed to be infringing, with sufficient detail to locate it
• Your contact information (address, phone number, email)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner

11. Accessibility Commitment

We are committed to making the Platform accessible to all users, including individuals with disabilities. We design and develop the Platform to conform to the Web Content Accessibility Guidelines (WCAG) 2.2 at the AAA level, as required for government-facing technology.

If you experience any accessibility barriers while using the Platform, please contact us at accessibility@evolveaiinstitute.com. We will make reasonable efforts to address accessibility issues promptly.

12. Disclaimer of Warranties

Without limiting the foregoing, we do not warrant that:

• The Platform will be available, uninterrupted, secure, or error-free
• Defects will be corrected within any particular timeframe
• The Platform or its servers are free of viruses or other harmful components
• The training content is suitable for any particular individual's compliance needs
• Completion of the training guarantees compliance with all of your employer's requirements
• The Platform's DIR certification status will be maintained in perpetuity

While we align our training with DIR certification standards, each government entity is responsible for determining whether this training meets its specific compliance requirements. We recommend consulting with your agency's legal, HR, or compliance department.

13. Limitation of Liability

The limitations of liability in this Section apply to the fullest extent permitted by law and shall survive the termination of these Terms. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

14.2 Informal Negotiation

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@evolveaiinstitute.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through good-faith communication.

14.3 Mediation

If informal negotiation does not resolve the dispute, either Party may request non-binding mediation before a mutually agreed-upon mediator in Harris County, Texas, prior to initiating arbitration.

14.4 Binding Arbitration

If mediation is unsuccessful or waived by mutual agreement, any remaining dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform shall be finally resolved by binding arbitration administered in Harris County, Texas, under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted by a single arbitrator with experience in technology and commercial contract disputes.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive relief, but shall not have the authority to award punitive or exemplary damages except as expressly permitted by applicable law.

14.5 Equitable Relief Exception

Notwithstanding the arbitration agreement above, either Party may seek injunctive or other equitable relief in any court of competent jurisdiction in Harris County, Texas, to protect its intellectual property rights, confidential information, or to enforce the provisions of these Terms, without first engaging in negotiation, mediation, or arbitration.

14.6 Class Action Waiver

14.7 Venue and Jurisdiction

For any action not subject to arbitration, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Harris County, Texas.

14.8 Jury Trial Waiver

14.9 Attorneys' Fees

In any dispute, action, or proceeding arising out of or relating to these Terms, the prevailing Party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing Party, in addition to any other relief to which such Party may be entitled.

15. Indemnification

You agree to defend, indemnify, and hold harmless Evolve AI Institute, its owner, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Platform
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property rights
• Any content or information you submit through the Platform
• Certificate fraud or misrepresentation of training completion
• Any claim by a third party arising from your misuse of the Platform

This indemnification obligation shall survive the termination of your account and these Terms.

16. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, terrorism, war, civil unrest, government orders, embargoes, labor disputes, utility failures, internet outages, cyberattacks, or failures of third-party service providers.

In the event of a force majeure event lasting more than thirty (30) consecutive days that prevents access to the Platform, we will provide pro-rata credit or account extension for the duration of the outage, at our discretion.

17. Service Availability and Modifications

We strive to maintain the Platform's availability but do not guarantee uninterrupted access. We may perform scheduled maintenance, which we will announce in advance when practicable.

We reserve the right to modify, update, or discontinue any aspect of the Platform at any time. For material changes that affect access to paid content or certificate validity, we will provide at least thirty (30) days' advance notice. If we discontinue the Platform entirely, users with active paid access will receive a pro-rata refund for the unused portion of their access period.

18. Data Portability

You may request an export of your training data at any time by contacting support@evolveaiinstitute.com. We will provide your data in a commonly used, machine-readable format (CSV or JSON) within thirty (30) days of a verified request. Exported data includes your profile information, course completion records, assessment results, and certificate records.

19. Compliance with Texas Law

This training is designed to satisfy the requirements of Texas Government Code Section 2054.5193 and the DIR FY 2025-2026 AI Training Program Certification Standards. However, it is the responsibility of each government entity to determine whether this training satisfies its specific compliance requirements.

We do not provide legal advice. Completion of this training does not constitute legal compliance advice, and we recommend that government entities consult with their own legal counsel, human resources department, or compliance office regarding their specific obligations.

20. Export Control Compliance

The Platform and its Content may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer, directly or indirectly, any Content or technical data obtained from the Platform in violation of any applicable export laws or regulations, including U.S. Export Administration Regulations.

21. Changes to Terms

We may revise these Terms at any time by posting the updated Terms on the Platform with a new "Last Updated" date. For material changes that adversely affect your rights, we will provide at least thirty (30) days' advance notice via email or a prominent notice on the Platform.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may request account deletion.

22. General Provisions

22.1 Entire Agreement. These Terms, together with our Privacy Policy and any applicable Enterprise Agreement, constitute the entire agreement between you and Evolve AI Institute with respect to the Platform and supersede all prior or contemporaneous agreements, understandings, and communications.

22.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. The Parties request that any court finding a provision unenforceable reform it rather than invalidate it.

22.3 Waiver. The failure of either Party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing.

22.4 Assignment. You may not assign, delegate, or transfer these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment without consent is void. We may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

22.5 No Third-Party Beneficiaries. These Terms are for the sole benefit of you and Evolve AI Institute. Nothing herein confers any right, benefit, or remedy upon any third party, except as expressly provided.

22.6 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

22.7 Construction. These Terms shall not be construed more strictly against either Party regardless of which Party drafted them.

22.8 Survival. Sections 4, 5, 6 (refund limitations), 8, 9, 12, 13, 14, 15, and 22 shall survive termination of your account or these Terms.