Introduction
These Terms of Service ("Terms") govern access to and use of the EviClaim platform, website, and related services (collectively, the "Service") provided by EviClaim LLC, a Florida limited liability company with its principal office at 2525 W 4th Ave, Hialeah, FL 33010 (the "Company," "EviClaim," "we," "us," or "our"). By creating an account, submitting a job, or otherwise using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
If you do not agree to these Terms, do not use the Service.
1. Eligibility and Accounts
- Business Use Only: The Service is intended strictly for business use by companies operating in the dietary supplement industry and related regulated categories (including, as EviClaim's offering expands, functional foods, sports nutrition, and cosmetics/skincare). It is not intended for individual consumers purchasing supplements for personal, family, or household use.
- Age and Authorization: You must be at least 18 years old and authorized to act on behalf of the company or organization on whose behalf you use the Service.
- Account Security: You are responsible for the accuracy of your account information, for maintaining the confidentiality of your login credentials, and for all activity that occurs under your account. You agree to notify us promptly at info@eviclaim.com of any unauthorized use of your credentials.
2. Description of the Service
- Platform Scope: EviClaim provides an AI-assisted regulatory compliance platform designed to assist supplement (and, as applicable, adjacent-category) brands with claim substantiation, workflow support, new product formulation overview, and general label compliance workflows.
- Transactional Billing: The Service is purchased on a transactional per-job basis, not as a recurring subscription, across three job types: Claim Substantiation, New Formulation, and Label Check/Fix, each offered at multiple tiers that differ in scope and deliverables.
- Automated Pipeline: Each job runs through EviClaim's multi-agent automated pipeline, which may include: automated literature search and evidence retrieval from public and licensed scientific databases; evidence scoring against an internal regulatory rubric; market and competitive intelligence gathering; formulation analysis; and generation of a structured written report with source citations (a "Report").
- Complimentary Trial: New business accounts may receive one (1) complimentary trial job, delivered as a restricted preview/teaser Report. The full unrestricted Report is unlocked and made available upon purchase of a paid tier for that job.
- Advisor Attestations: Where a specific Report tier includes an advisor attestation, that attestation reflects a documented internal human review process and is presented as a formatted text statement within the Report deliverable. Unless a specific deliverable expressly states otherwise in writing, an attestation is an internal verification statement and does not constitute a cryptographically verified electronic signature.
- Tier Upgrades: Upgrading the tier of an existing job re-renders the deliverable against the new tier's entitlements rather than re-running the underlying pipeline from scratch, and is billed as described in Section 5.
3. Not Legal Advice; and Statutory Disclaimers
No Legal Representation: EviClaim is a software and automated research tool, not a law firm, and does not provide legal advice, legal opinions or formal legal representation.
- Nature of Reports: Reports are compliance-support work product generated by an automated pipeline that retrieves and scores published scientific literature and applies localized regulatory rubrics. These rubrics reflect our software based interpretation of publicly available FDA, FTC, and other regulatory guidance current as of the date the Report is generated. Reports are not legal advice, a legal opinion, or a substitute for review by a licensed attorney, toxicologist or other qualified regulatory professional.
- No Enforcement Guarantees: Use of the Service, and any score, verdict, "cleared" status, or attestation contained in a Report, does not create an attorney-client relationship and does not guarantee that any claim, label, or formulation will be free from FDA, FTC, state, or foreign regulatory action, or that any particular enforcement, investigation, or litigation outcome will or will not occur.
- Regulatory Fluidity: Regulatory standards and their interpretation are highly subject to change, and evidence in the published scientific literature may be incomplete, conflicting, or later superseded. Customer remains solely responsible for the final decision to market, advertise, label, or sell any product.
- California Proposition 65 & Chemical Disclaimers: Reports do not evaluate formulations for exposure to chemical thresholds, heavy metals, or warning mandates required under California's Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65"). Customer is solely responsible for independent chemical and laboratory safety testing. We strongly encourage Customer to have significant or high-risk claims, labels, or formulations reviewed by qualified regulatory counsel in addition to using the Service, particularly before responding to a regulatory inquiry or warning letter.
4. AI-Generated Content and Verification Burdens
- Algorithmic Operations: Reports are generated in whole or in part using large language models, algorithmic classification systems and automated data-retrieval systems, including third-party providers described in our Privacy Policy.
- Risk of Hallucination and Error: While EviClaim's pipeline is designed to cite verifiable, timestamped sources and apply structured, consistent scoring, automated systems can make errors, omit relevant literature, or misclassify evidence.
- Customer Verification Mandate: Customer assumes all operational risk and is explicitly mandated to review each Report, cross-reference its citations against the physical scientific texts, and verify accuracy and completeness relative to its own internal product knowledge before relying on it or publishing any marketing claim.
5. Fees, Billing, and Payment
- Pricing Structure: Fees are charged per job, at the price displayed for the selected job type and tier at the time of purchase, unless Customer has a separate written agreement with EviClaim (for example, a volume arrangement for a white-label contract-manufacturer partner).
- Payment Processing: Fees are due at checkout, processed by Stripe or another designated payment provider. Prices do not include applicable taxes, which are Customer's responsibility.
- Upgrade Mechanics: Upgrading a job's tier after initial purchase is billed as the price difference between the original and upgraded tier, unless otherwise stated at the time of upgrade, and results in a re-rendered deliverable rather than an independent pipeline re-run.
6. Revisions, Corrections, and Refunds
We distinguish between four kinds of post-delivery requests:
- Bug corrections. Factual, computational, or structural formatting errors directly caused by a verified technical defect in EviClaim's software platform will be corrected at no charge.
- Re-runs on new inputs. Requests to analyze a modified or entirely different product, claim set, ingredient ratio or formulation are treated as new jobs and billed accordingly.
- Scope expansions. Requests for additional analysis, evidence depth, or deliverables beyond what the purchased tier includes are treated as tier upgrades and billed accordingly.
- Conclusion disputes. EviClaim does not alter, redact, or modify a Report's substantive conclusions, scores, or verdicts on request. This protects the integrity of each Report as an audit artifact. If Customer believes a different result is warranted, Customer may purchase a new job with additional or corrected inputs.
Refund Policy: Except as required by non-excludable applicable law or expressly agreed in writing, fees are non-refundable once a job transaction has entered active pipeline processing.
7. Customer Content, Data License, and CCPA Service Provider Addendum
Definition: "Customer Content" means product formulations, ingredient lists, marketing claims, labels, and other materials Customer submits to the Service.
Ownership and License Grant: Customer retains full ownership of Customer Content. You grant EviClaim a non-exclusive, worldwide royalty-free, limited license to host, process, transmit, display, and create derivative works from Customer Content solely to provide, secure, and improve the Service, including through the pipeline and the third-party subprocessors described in our Privacy Policy. You represent that you have all rights necessary to submit Customer Content and that doing so does not violate applicable law or a third party's rights.
Confidentiality Commitment: EviClaim treats Customer Content as confidential business information. We do not use Customer Content to train shared or publicly available AI models, do not sell it, and do not disclose it to other, unrelated customers. The one exception is a white-label contract-manufacturer ("CMO") arrangement, where a CMO administrator account may have visibility into jobs submitted by its own affiliated brand clients, consistent with the service the CMO has arranged on the brand's behalf and disclosed to that brand at onboarding.
CCPA/CPRA Service Provider Obligations: To the extent that Customer Content contains "Personal Information" or proprietary operational data protected under the California Consumer Privacy Act (as amended by the California Privacy Rights Act), the parties agree that EviClaim acts strictly as a Service Provider. EviClaim is explicitly prohibited from: (i) selling or sharing the data; (ii) retaining, using, or disclosing the data for any commercial purpose other than the specific business purposes defined in these Terms; and (iii) combining the data with information received from other distinct client interactions, except as expressly permitted under applicable CCPA regulations.
8. Intellectual Property
- Report Ownership: Customer owns the final structured Report delivered to them as it pertains exclusively to Customer's own product, formulation, and claims, and may use it for Customer's own regulatory and business purposes.
- Platform Retention: EviClaim and its licensors retain all right, title, and interest in and to the Service, including the pipeline, evidence-scoring rubrics, formulation engine, report templates, software, and underlying methodology. Nothing in these Terms transfers any of those rights to Customer.
- De-Identified Aggregations: EviClaim may use de-identified, aggregated data derived from jobs - not containing Customer's identifiable confidential formulation or claim specifics - to monitor, maintain, and improve the Service.
- Feedback License: Any feedback, feature requests, or optimization suggestions provided by Customer about the Service may be used by EviClaim without restriction, confidentiality or compensation.
9. Third-Party Services and Data Sources
The Service relies on integrated third-party providers to operate - including Firebase for account authentication, Stripe for payment processing, biomedical literature databases, AI-assisted search and market-intelligence providers, and large language model providers - to generate Reports. EviClaim is not responsible for the availability, accuracy, or content of these third-party sources, although Reports are designed to cite the original, verifiable source for each piece of evidence relied upon.
10. Deliverable Timing and System Capacity
Some Report sections remain in draft or preview status until advisor review and/or payment conditions are met; download links and finalized files are released according to the workflow rules in the portal. Turnaround depends on pipeline capacity, input quality, and advisor review queues. EviClaim does not guarantee a specific completion time unless separately agreed in writing (for example, in an order form for a CMO or enterprise arrangement).
11. Prohibited Uses
You will not: reverse-engineer or attempt to extract the pipeline logic, prompts, or scoring rubrics; scrape or systematically extract data from the Service; use the Service to generate compliance materials for products you know to be marketed in violation of applicable law; impersonate another person or entity; resell or provide third-party access to the Service outside an authorized white-label arrangement; or submit Customer Content that you do not have the right to submit.
12. Complete Warranty Disclaimer
THE SERVICE AND ALL ACCUMULATED REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EVICLAIM DOES NOT WARRANT THAT REPORTS ARE ENTIRELY ERROR-FREE, THAT THE SERVICE WILL BE UNINTERRUPTED, OR THAT USE OF THE SERVICE WILL PREVENT ANY FEDERAL, STATE, OR PRIVATE REGULATORY INQUIRY, WARNING LETTER, CITATION OR ENFORCEMENT ACTION.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVICLAIM AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND ADVISORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF MARKET SHARE, PRODUCT RECALL COSTS, LOST DATA, OR REGULATORY PENALTIES, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY REPORT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EVICLAIM'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT CUSTOMER PAID TO EVICLAIM FOR THE SPECIFIC JOB GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
14. Indemnification
Customer agrees to indemnify, defend, and hold harmless EviClaim and its officers, employees, data partners, and advisors from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising directly or indirectly from: (a) Customer Content or proprietary formulation data submitted to the platform; (b) Customer's external use or distribution of a Report in a manner inconsistent with these Terms or Section 3 above; or (c) Customer's final manufacturing, marketing, safety testing, labeling, or other regulatory decisions regarding its products.
15. Term and Termination
These Terms apply for as long as Customer maintains an account or purchases jobs. EviClaim may suspend or terminate access to the Service for breach of these Terms, non-payment, or misuse of the Service. Sections that by their nature should survive termination - including Sections 3, 4, 7, 8, 12, 13, and 14 - will survive.
16. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Disputes will be resolved in the state or federal courts located in Florida, unless otherwise required by applicable law. [Placeholder - whether to add a mandatory-arbitration and/or class-action-waiver clause is a separate business decision; not included here pending that decision.]
Class-Action Waiver: CUSTOMER AND EVICLAIM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Changes to These Terms
EviClaim may update these Terms from time to time. We will post the updated Terms on our website with a new effective date and, for material changes, provide notice through the Service or by email. Continued use of the Service after the effective date of an update constitutes acceptance of the updated Terms.
18. Contact
Questions about these Terms can be directed to info@eviclaim.com.
EviClaim LLC, 2525 W 4th Ave, Hialeah, FL 33010.
