Evolve Suite Terms of Use
The Launchpad Group Inc. dba TechnologyMatch
Click-Through / Self-Serve — Distinct from Any Separately Signed Agreement
Document Architecture This Master Terms of Use governs the Evolve Suite generally (account structure, credits, billing, and all standard legal terms). Each Evolve product (Evolve Coach, Evolve Edge, and future products) has a separate Product Schedule that is incorporated into this Agreement by reference and that a user must separately accept before first using that specific product. This document is the foundation; Product Schedules are maintained and versioned independently so new products can be added without reopening this Master document.
PLEASE READ THESE TERMS CAREFULLY. By clicking "I Agree," creating an Evolve Account, or accessing or using any Evolve Suite product, you agree to be bound by this Master Terms of Use. Before you may access a specific Evolve product for the first time, you will also be presented with, and must separately accept, the Product Schedule applicable to that product. If you do not agree to this Master Terms of Use, do not create an Evolve Account or access any Evolve Suite product.
1. OVERVIEW OF THE EVOLVE SUITE
The Evolve Suite is a family of AI-powered sales enablement products, offered on a consumption (Credit) basis, owned and operated by The Launchpad Group Inc. dba TechnologyMatch ("TechnologyMatch," "Company," "we," "our," or "us"), accessed through a single unified account (your "Evolve Account") that manages authentication, account structure, billing, and credit allocation across all Evolve products.
The Evolve Suite currently includes Evolve Coach and Evolve Edge, with additional Evolve Products to be added over time. Each individual product is referred to in this Agreement as an "Evolve Product," and collectively as the "Evolve Products." This Master Terms of Use, together with the Product Schedule(s) applicable to the Evolve Product(s) you are authorized to access, forms the complete agreement (the "Agreement") governing your use of the Evolve Suite.
This Agreement governs the Evolve Suite only. It does not govern MatchIQ™ or the TechnologyMatch Platform (Marketplace), each of which is governed by its own separate terms of use.
Credit packages purchased under a separately signed Deployment Agreement are governed exclusively by that agreement and are not subject to this Master Terms of Use.
If you are party to a separate signed agreement with TechnologyMatch governing your use of the Evolve Suite, that agreement controls to the extent of any conflict with this Master Terms of Use.
2. ELIGIBILITY
You must be at least eighteen (18) years old and legally capable of entering into binding agreements to create an Evolve Account or use any Evolve Product.
By using any Evolve Product, you represent and warrant that:
- You have the authority to submit, upload, and process any data or content through the Evolve Product(s) you access;
- You have obtained all required permissions and consents necessary to do so under applicable law; and
- Your use complies with all applicable laws, regulations, and your employer's or organization's policies.
3. EVOLVE ACCOUNT STRUCTURE
This section describes the organizational model for the Evolve Suite.
3.1 Evolve Account
When you sign up for the Evolve Suite, you create a single Evolve Account associated with your email address. Your Evolve Account is the credential used to access any Evolve Product you are authorized to use; you do not create a separate account for each Evolve Product.
3.2 Personal Accounts, Organizations, and Teams
Within the Evolve Suite, you may operate in one or more of the following capacities:
- Personal Account: an individual capacity in which you purchase and use Credits (as defined in Section 5) independent of any Organization.
- Organization: a company-level workspace (referred to in the Platform interface as a "workspace") that may contain one or more Teams. An Organization is established for every Evolve Account at sign-up (whether or not the Org Owner takes any visible action to set one up) and is managed by its Org Owner.
- Team: a group of Users within an Organization, managed by one or more Team Admins, to whom the Org Owner or Team Admin grants access to specific Evolve Product(s) and (subject to Section 5) Credit allocations. You may hold a Personal Account and also belong to one or more Teams across one or more Organizations using the same Evolve Account and email address, and may switch between these contexts within the Platform.
3.3 Roles and Permissions
- Org Owner: the individual who creates an Organization (or is designated as such). The Org Owner creates Teams within the Organization, designates a Team Admin for each, and, together with each Team Admin, controls which Evolve Product(s) are enabled for that Team.
- Team Admin: designated by the Org Owner to manage a specific Team. A Team Admin controls which Evolve Product(s) are enabled for their Team, can view the full membership roster of their Team, and may allocate Credits from the Organization's pool to their Team as configured under Section 5.1, but may not independently purchase Credits.
- User (Team Member): an individual invited to a Team by the Org Owner or a Team Admin who may access the Evolve Product(s) enabled for that Team, subject to any Credit allocation controls the Org Owner or Team Admin has configured. A User attempting to access an Evolve Product not enabled for their Team will be prompted to request approval from their Org Owner or Team Admin before access is granted.
Visibility follows the hierarchy described above: an Org Owner can view the rosters and Output/performance activity of all Teams within their Organization; a Team Admin can view the roster and Output/performance activity of their own Team only. A User (Team Member) cannot view the roster, Output, or performance activity of other members of their Team, or of any other Team — a User's visibility is limited to their own account and activity.
3.4 Disabling and Deleting Your Organization or Personal Account
Disabling. An Org Owner may disable their Organization at any time, and a Personal Account holder may disable their Personal Account at any time. Disabling immediately suspends access for all Team Admins and Users in that Organization (or, for a Personal Account, for the account holder), but does not delete any Customer Data, forfeit any Credits, or start any deletion countdown. A disabled Organization or Personal Account may be re-enabled at any time by its Org Owner or Personal Account holder, restoring access and all Credits and Customer Data as they existed before disabling.
Deletion. An Org Owner may request deletion of their Organization at any time (whether or not it is currently disabled), and a Personal Account holder may request deletion of their Personal Account at any time, in the same manner. Requesting deletion immediately suspends access for all Team Admins and Users in that Organization (or, for a Personal Account, for the account holder) and starts a ninety (90) day countdown toward permanent deletion. This ninety (90) day period is the same Post-Cancellation Period described in the applicable Product Schedule — not a separate or additional retention window.
During the ninety (90) day period, the Org Owner or Personal Account holder may cancel the deletion request, which restores access and Customer Data as they existed when deletion was requested, except that any Credits or Customer Data that independently reached the end of its own twelve (12) month expiration or retention period during those ninety (90) days is not restored. If the deletion request is not cancelled before the ninety (90) day period ends, deletion becomes permanent: Customer Data, Output, and usage metrics associated with the Organization or Personal Account are permanently deleted; any remaining Credits are forfeited and are not refundable or transferable to any other Organization or Personal Account; and any auto-reload configured for that Organization or Personal Account under Section 5.2 is cancelled. None of this is reversible once the ninety (90) day period ends.
This Section governs deletion of an Organization or Personal Account as a whole, at the request of its Org Owner or Personal Account holder. It does not govern an individual data subject's own request to access, correct, or delete their personal data, which is handled under Section 21 (GDPR) or the data subject rights process described in the TechnologyMatch Privacy Policy, on the timeline stated there.
4. PRODUCT ENABLEMENT AND ACKNOWLEDGMENT OF PRODUCT SCHEDULES
Acceptance of this Master Terms of Use alone does not authorize use of any specific Evolve Product. Before an Org Owner, Team Admin, or User accesses a given Evolve Product for the first time, the Platform will present the Product Schedule applicable to that Evolve Product, which must be separately accepted before access is granted.
Each Product Schedule contains terms specific to that Evolve Product, including product-specific data handling, consent, and AI-output provisions, and is incorporated into and forms part of this Agreement once accepted. In the event of a conflict between this Master Terms of Use and a Product Schedule, the Product Schedule controls solely with respect to matters specific to that Evolve Product; this Master Terms of Use controls for all other matters.
If an Organization or Team is granted access to an additional Evolve Product after initial onboarding (for example, a Team initially enabled only for Evolve Coach is later also enabled for Evolve Edge), each affected User must accept the Product Schedule for the newly enabled Evolve Product before using it, regardless of whether that User previously accepted this Master Terms of Use or another Product Schedule.
Current and planned Product Schedules:
- Schedule A — Evolve Edge
- Schedule B — Evolve Coach
5. CREDITS AND BILLING
By using a paid Evolve Product, you authorize TechnologyMatch to charge your (or, for Organization/Team use, the applicable Org Owner's) selected payment method for all applicable Credit purchases and subscription fees, in accordance with this Section and the pricing presented at checkout.
5.1 Credits — General Framework
The Evolve Suite is offered on a Credit basis. Credits are a single, fungible unit of value sold in packs; they are not a separate currency per Evolve Product. Credits are consumed at the rate defined for each Evolve Product in the applicable Product Schedule (for example, per call analysis in Evolve Coach or per brief in Evolve Edge). A pool of Credits (whether purchased, free trial, or both) may be drawn down by any enabled Evolve Product in any combination; TechnologyMatch does not restrict which enabled product a given Credit is consumed by.
Credits may be purchased by an individual for use on their Personal Account, or by an Org Owner for use within their Organization. Team Admins do not independently purchase Credits. An Organization's Credits are held in a single Organization-level pool; the Org Owner may keep that pool unified and available to all Teams and Users in the Organization, or may allocate portions of it to specific Teams or, within a Team, to specific Users, as granular as the Org Owner chooses to configure. Credits do not come bundled with, or attached to, any specific seat or User.
5.2 Credit Packs and Pricing
Standard Credit packs, and larger Credit packages, are available for purchase. Larger packages are purchased on an annual basis. Team Admins may configure which Evolve Product(s) a given Team may draw Credits against; where no such configuration is made, Credits are drawn from the shared Team pool without restriction by product.
Auto-reload (optional). Regardless of Credit pack size, an Org Owner (for their Organization) or an individual Personal Account holder (for their Personal Account) may optionally enable automatic Credit reloads. Only the party who purchases Credits for a given pool may configure auto-reload for that pool; a Team Admin may allocate an Organization's existing Credits to their Team but may not independently purchase Credits or configure auto-reload. When enabling auto-reload, the Org Owner or Personal Account holder selects: (i) the trigger — either when the current Credit balance is fully exhausted, or on a recurring monthly cadence — and (ii) the quantity of Credits to be purchased each time the trigger occurs. Auto-reload charges are billed to the payment method on file, at TechnologyMatch's then-current standard rate for the quantity purchased, consistent with the authorization in the introductory paragraph of this Section 5. Auto-reloaded Credits expire twelve (12) months from their own purchase date, on the same basis as any other Credit purchase under Section 5.3.
Spend limits and caps (optional). An Org Owner or Team Admin may optionally configure spend limits or consumption caps for their Team — whether at the organization level, by product, by role, or by individual User — or may leave Credit consumption unrestricted; the applicable configuration is however the Org Owner or Team Admin has set up their Team. Where a limit or cap is configured, it is enforced in addition to, not in place of, the Credit expiration terms in Section 5.3. Reaching a configured limit or cap may restrict further Credit consumption for the affected User(s) or Team, even if unexpired Credits remain in the pool, until the Org Owner or Team Admin adjusts or removes the limit.
5.3 Credit Expiration; No Rollover; No Refunds
All Credits — whether purchased individually, as part of an Organization's pool, or through a larger annual package — expire twelve (12) months from the date of purchase. Unused Credits do not roll over and are not refundable. This expiration and no-refund policy applies uniformly regardless of pack size or whether the purchase was made by an individual or an Org Owner. Credits allocated to an Organization or a Personal Account are also subject to forfeiture upon deletion of that Organization or Personal Account, as described in Section 3.4.
5.4 Free Trial Credits
An Evolve Account receives five (5) complimentary Credits upon first selecting a given Evolve Product (for example, five (5) upon first selecting Evolve Coach, and a further five (5) upon first selecting Evolve Edge), without any obligation to purchase additional Credits. Once granted, free trial Credits are added to your fungible Credit balance under Section 5.1 and may be consumed by any enabled Evolve Product; TechnologyMatch's intent is that Credits granted upon selecting a product be used toward that product, but a User is not restricted from consuming them toward a different enabled Evolve Product instead. Product-specific terms governing free trial Credits (if any) are set out in the applicable Product Schedule.
5.5 Personal Account Credits
Credits purchased under a Personal Account are separate from, and are not pooled with, any Team's Credits, and may be used only for Evolve Product(s) you access in your personal capacity.
5.6 Pricing Changes
TechnologyMatch reserves the right to modify Credit pricing or the Credit-to-Output ratio for any Evolve Product upon thirty (30) days' prior written notice, delivered as described in Section 18 (Changes to These Terms).
5.7 Non-Refundable Fees
Credit purchases are non-refundable except where required by applicable law or in the event of a material breach of this Agreement by TechnologyMatch. "Material breach" means a failure by TechnologyMatch to perform a fundamental obligation under this Agreement that (i) causes or is reasonably likely to cause material harm to you, (ii) has not been cured within thirty (30) days of written notice specifying the breach in reasonable detail, and (iii) is not attributable to your own acts, omissions, or breach of this Agreement. Temporary service interruptions, minor inaccuracies in AI-generated Output, and failure to achieve any particular sales outcome do not constitute a material breach.
5.8 Late or Failed Payments
Standard Credit purchases require successful payment at checkout; if payment fails at the time of purchase, no Credits are issued. This Section applies only where Credits or product access were granted before payment cleared or before a recurring charge was processed — for example, invoiced or net-terms arrangements. In those cases, if a payment fails, access to the affected Evolve Product(s) will be automatically inactivated after a seven (7) day grace period from the date of initial failure, provided the outstanding balance remains unresolved. Access is restored promptly upon successful payment. TechnologyMatch is not responsible for data loss, business interruption, or other consequences of inactivation due to payment failure.
5.9 Account Inactivity
Any Organization or Personal Account with no login activity for twelve (12) consecutive months will be automatically disabled, consistent with Section 3.4. For an Organization, activity by any User in that Organization counts as activity for purposes of this Section, regardless of whether the Org Owner who purchased Credits for that Organization has personally logged in. TechnologyMatch will send email notice of the upcoming disabling ninety (90), sixty (60), thirty (30), and one (1) day before it takes effect.
Automatic disabling under this Section does not forfeit Credits, delete Customer Data, or start the deletion countdown described in Section 3.4; it may be reversed at any time by logging in and re-enabling the Organization or Personal Account. This inactivity-based disabling is independent of, and does not alter, the Customer Data retention and deletion terms in the applicable Product Schedule. Because the default retention period under Section 6 does not exceed twelve (12) months, Customer Data should already have been deleted under that default by the time inactivity-based disabling occurs, unless the applicable Product Schedule specifies a longer retention period.
A Credit purchased through an initial, login-based purchase can never be forfeited solely due to automatic disabling: because that purchase requires an active login, its twelve (12) month expiry date under Section 5.3 can never fall after the twelve (12) month inactivity window measured from that same login. This guarantee does not extend to Credits purchased through auto-reload under Section 5.2, which can be added without a new login. Auto-reload-purchased Credits remain valid on their own twelve (12) month schedule under Section 5.3 even if the Organization or Personal Account has since been automatically disabled for inactivity, and are not forfeited by disabling alone — they are forfeited only if the Organization or Personal Account is later deleted under Section 3.4.
5.10 Invoiced Purchases; Take-or-Pay
TechnologyMatch's standard practice is to collect payment in full, at the time of purchase, using the payment method on file. Nothing in this Section obligates TechnologyMatch to offer invoiced payment for any purchase.
Where TechnologyMatch agrees, in its sole discretion, to invoice a Credit purchase rather than collect payment at checkout, payment is due net thirty (30) days from the invoice date ("Net 30"). This Net 30 term applies regardless of any different payment term stated on the invoice itself; no TechnologyMatch employee or representative has authority to offer payment terms other than Net 30 for a self-service Credit purchase under this Agreement. Customer's obligation to pay the full invoiced amount is a take-or-pay commitment: Customer must pay the entire invoiced amount regardless of whether, or how much of, the associated Credits are used, and regardless of subsequent cancellation, non-renewal, or non-use of the Evolve Suite. This Section does not expand any refund right beyond Sections 5.3 and 5.7; it exists to confirm that invoicing a purchase, instead of collecting payment upfront, does not reduce or excuse Customer's obligation to pay the full amount invoiced on the schedule stated above.
6. CUSTOMER DATA, PRIVACY, AND SECURITY
You retain ownership of all recordings, transcripts, prospect information, and other content you submit to any Evolve Product ("Customer Data"). TechnologyMatch does not acquire ownership rights in Customer Data. You grant TechnologyMatch a limited right to access, process, transmit, and store Customer Data solely to provide the applicable Evolve Product(s) to you and to generate Output (AI-generated scores, briefs, transcripts, summaries, recommendations, and related analysis, collectively "Output") specifically for you.
TechnologyMatch does not use Customer Data, recordings, transcripts, or Output to train, retrain, improve, fine-tune, or otherwise develop generalized AI or machine learning models, and does not incorporate Customer Data into shared or pooled training datasets. TechnologyMatch may develop and retain anonymized, de-identified derivative insights ("Resultant Data") that cannot reasonably be used to identify you or any individual; Resultant Data is not subject to deletion obligations upon termination.
Unless the applicable Product Schedule states a different period, Customer Data is retained for up to twelve (12) months from the date of upload or generation, followed by a ninety (90) day Post-Cancellation Period in read-only status to allow export, after which it is permanently deleted. Any product-specific handling of recordings, transcripts, or biometric/voice data, and any product-specific deviation from this default, is set out in the applicable Product Schedule and the TechnologyMatch Privacy Policy (https://technologymatch.com/privacy-policy).
TechnologyMatch maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data, including role-based access restrictions, encryption at rest and in transit, access logging and monitoring, secure authentication controls, and automated deletion and retention enforcement. TechnologyMatch maintains security controls designed to meet SOC 2 Type II criteria.
The Evolve Suite is hosted using Amazon Web Services (AWS) infrastructure and depends on third-party AI model providers. TechnologyMatch will use commercially reasonable efforts to maintain Evolve Suite availability and to communicate material outages via its status page or account email, but is not liable for unavailability caused by scheduled maintenance, third-party provider outages, force majeure events under Section 14, or your own systems or connectivity.
7. AI AND AUTOMATED ANALYSIS — GENERAL PROVISIONS
Evolve Products use proprietary and third-party AI systems to generate Output. TechnologyMatch does not disclose specific third-party AI providers but ensures any such providers are subject to data protection obligations consistent with this Agreement. The following provisions apply across all Evolve Products; product-specific AI provisions (for example, call-recording-derived scoring) are set out in the applicable Product Schedule.
- Coaching and informational tool only. Output is not verified fact, legal advice, HR advice, or a performance review, and may contain inaccuracies.
- No employment decision liability. Output must not be used as the basis for or a contributing factor in any employment decision, including hiring, termination, demotion, discipline, or compensation changes. Use of Output for this purpose is a material breach of this Agreement, entirely at your own risk, and subject to indemnification obligations as set out in the applicable Product Schedule.
- Not a consumer report. Output is not a "consumer report" under the Fair Credit Reporting Act (FCRA) and must not be used as a factor in eligibility determinations for credit, insurance, employment, housing, or tenant screening.
- Human oversight; bias disclaimer. TechnologyMatch does not warrant Output is free of errors or algorithmic bias, including outcomes that may disproportionately affect individuals based on protected characteristics. You are solely responsible for applying human judgment before acting on Output.
- AI model updates. TechnologyMatch may update, modify, or replace underlying AI systems without prior notice, except that TechnologyMatch will use reasonable efforts to provide at least thirty (30) days' prior written notice for material changes to core scoring or analysis methodology.
- End-user disclosure. You are responsible for notifying individuals whose data is analyzed through an Evolve Product that Output is generated by automated AI systems, in compliance with applicable AI disclosure laws.
8. ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your Evolve Account credentials and for all activity occurring under your account. Each User must maintain their own individual login credentials; sharing credentials between individuals is prohibited, including among members of the same Team.
You must notify TechnologyMatch without undue delay, and in no event later than seventy-two (72) hours after becoming aware of any Security Incident involving your Evolve Account. A "Security Incident" means any confirmed or reasonably suspected unauthorized access to or acquisition of Customer Data or account credentials, accidental or unlawful destruction, loss, alteration, or disclosure of Customer Data, or any other breach of security leading to accidental or unlawful processing of Customer Data. TechnologyMatch will notify you within seventy-two (72) hours of becoming aware of a Security Incident affecting your Customer Data.
9. ACCEPTABLE USE
You agree not to:
- Reverse engineer or copy any Evolve Product;
- Attempt unauthorized access to systems or accounts, including another User's, Team's, or Organization's data;
- Use any Evolve Product in violation of this Agreement or applicable law;
- Upload malicious code or harmful content;
- Submit or process data concerning any individual under the age of eighteen (18) without verifiable parental or guardian consent, where applicable to the Evolve Product in question;
- Scrape, systematically extract, or bulk-export Output beyond what your Credit allocation permits; or
- Use Output for any purpose other than your own internal business use, including to build, train, or improve a competing product or service. Enforcement: TechnologyMatch may immediately suspend or terminate access, without prior notice, for active unauthorized access, transmission of malicious code, violations of applicable law, or conduct creating imminent legal, security, or reputational risk. For all other violations, TechnologyMatch will provide written notice and a thirty (30) day cure period before suspension or termination.
10. INTELLECTUAL PROPERTY; INDEMNIFICATION
The Evolve Suite, including all software, algorithms, scoring and brief-generation methodologies, AI systems, branding, and related intellectual property, is owned exclusively by TechnologyMatch. No ownership rights are transferred to you by this Agreement or any subscription.
TechnologyMatch will defend, indemnify, and hold you harmless from any third-party claim alleging that an Evolve Product itself (excluding Customer Data or Output generated from your inputs) infringes a third party's copyright, patent, trademark, or trade secret, provided that: (i) you notify TechnologyMatch in writing within ten (10) business days of becoming aware of the claim; (ii) TechnologyMatch has sole control of the defense and settlement; and (iii) you provide reasonable cooperation. This indemnification obligation is subject to the liability cap in Section 12 and does not apply to claims arising from your modification of the Platform, use with unauthorized third-party systems, or use in violation of this Agreement.
Mutual indemnification. Each party agrees to indemnify, defend, and hold harmless the other party from third-party claims arising from: (i) that party's material breach of this Agreement; (ii) that party's gross negligence or willful misconduct; or (iii) in your case, misuse of Output, submission of unlawfully obtained data, or violation of applicable law. This indemnification applies across all Evolve Products and does not expand liability beyond the aggregate cap in Section 12.
11. DISCLAIMERS
THE EVOLVE SUITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHNOLOGYMATCH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. TECHNOLOGYMATCH DOES NOT WARRANT THAT ANY EVOLVE PRODUCT WILL MEET YOUR SPECIFIC REQUIREMENTS, OPERATE IN COMBINATION WITH ANY THIRD-PARTY SOFTWARE OR SYSTEMS, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
TechnologyMatch does not guarantee specific sales outcomes, the accuracy of AI-generated Output, or continuous or error-free operation.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law, TechnologyMatch shall not be liable for indirect, incidental, special, consequential, or punitive damages. TechnologyMatch's total liability under this Agreement (inclusive of all Product Schedules) shall not exceed the total Credit fees paid by you across all Evolve Products during the twelve (12) months preceding the claim. This is a single aggregate cap across the entire Evolve Suite, not a separate cap per Evolve Product.
Nothing in this Agreement limits or excludes TechnologyMatch's liability for: (i) gross negligence or willful misconduct; (ii) fraud or fraudulent misrepresentation; or (iii) death or personal injury caused by TechnologyMatch's negligence.
13. TERMINATION
You may stop purchasing additional Credits, or disconnect a Team from a given Evolve Product, at any time through your account settings; Credits already purchased remain usable until their expiration under Section 5.3. TechnologyMatch may suspend or terminate access in accordance with Section 9 (Acceptable Use) or Section 5.8 (Late or Failed Payments).
Upon termination or cancellation of a given Evolve Product, Customer Data associated with that product is retained and deleted in accordance with the retention terms set out in the applicable Product Schedule. Termination of one Evolve Product does not affect your Evolve Account or your access to other Evolve Product(s) you remain authorized to use. To disable or delete an entire Organization or Personal Account, see Section 3.4.
14. FORCE MAJEURE
Neither party is liable for delay or failure to perform (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, power outages, internet or telecommunications failures, cyberattacks, or failure of third-party infrastructure providers including AI model providers or cloud service operators. The affected party must provide prompt written notice and use reasonable efforts to mitigate. If such an event continues for more than sixty (60) days and materially prevents your use of an Evolve Product, TechnologyMatch will extend the twelve (12) month expiration under Section 5.3 for any of your then-unexpired Credits allocable to that Evolve Product by a period equal to the duration of the event, as your sole remedy; consistent with Section 5.7, this Section does not create any right to a cash refund of Credit fees.
15. GOVERNING LAW
This Agreement is governed by the laws of the State of Florida, without regard to conflict of law principles. For any claim excluded from arbitration under Section 16 (including emergency injunctive relief and claims by EU/EEA subscribers), any legal action shall be brought exclusively in the state or federal courts located in Orange County, Florida, and you irrevocably consent to the personal jurisdiction and venue of such courts.
Nothing in this Section limits the rights of individuals in the EEA, UK, or Switzerland to bring data protection claims before the courts of their habitual residence or to lodge complaints with their local supervisory authority.
16. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
EXCEPT FOR CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY EVOLVE PRODUCT THAT CANNOT BE RESOLVED THROUGH GOOD-FAITH NEGOTIATION WITHIN THIRTY (30) DAYS SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS COMMERCIAL ARBITRATION RULES, CONDUCTED IN ORANGE COUNTY, FLORIDA. YOU AND TECHNOLOGYMATCH EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. NOTHING IN THIS SECTION PREVENTS EITHER PARTY FROM SEEKING EMERGENCY INJUNCTIVE RELIEF IN COURT TO PREVENT IRREPARABLE HARM PENDING ARBITRATION. NOTWITHSTANDING THE FOREGOING, SUBSCRIBERS LOCATED IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA RETAIN THE RIGHT TO BRING CLAIMS BEFORE COURTS OF COMPETENT JURISDICTION IN THEIR COUNTRY OF DOMICILE AND ARE NOT REQUIRED TO SUBMIT TO BINDING ARBITRATION UNDER THIS SECTION.
17. CHANGES TO THIS AGREEMENT
TechnologyMatch may modify this Master Terms of Use or any Product Schedule from time to time. Non-material changes take effect upon posting. For material changes — including changes to Credit mechanics, data practices, limitation of liability, arbitration, or intellectual property rights — TechnologyMatch will provide at least thirty (30) days' prior written notice via the email address associated with your Evolve Account or a prominent in-platform notification. Changes to Credit pricing are governed separately by Section 5.6. If you do not agree to a material change, your sole remedy is to stop purchasing additional Credits before the effective date. Continued use after the effective date constitutes acceptance.
Material changes to this Master Terms of Use or any Product Schedule require prior review and written approval by outside legal counsel before publication, consistent with TechnologyMatch's internal compliance governance.
18. GENERAL PROVISIONS
Entire Agreement. This Master Terms of Use, together with the applicable Product Schedule(s) you have accepted, constitutes the entire agreement between you and TechnologyMatch regarding the Evolve Suite, and supersedes all prior agreements relating to the Evolve Suite. It does not affect any separate agreement governing MatchIQ™ or the TechnologyMatch Platform (Marketplace).
Severability. If any provision is found invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary or severed, and the remaining provisions continue in full force. The arbitration clause and class action waiver in Section 16 are severable and independently enforceable.
Assignment. You may not assign this Agreement without TechnologyMatch's prior written consent. TechnologyMatch may assign this Agreement in connection with a merger, acquisition, or sale of substantially all assets.
Export Controls and Sanctions. You represent that you are not located in a jurisdiction subject to a U.S. OFAC comprehensive embargo and are not identified on any U.S. prohibited parties list.
Waiver. TechnologyMatch's failure to enforce any right or provision does not constitute a waiver. No waiver is effective unless made in writing and signed by an authorized TechnologyMatch representative.
Electronic Signatures. Your electronic acceptance by clicking "I Agree," creating an account, or otherwise indicating assent constitutes a valid electronic signature and legally binding agreement under the E-SIGN Act, 15 U.S.C. § 7001 et seq., and the Florida Electronic Signature Act.
19. ACCESSIBILITY
TechnologyMatch is committed to making the Evolve Suite accessible to users with disabilities and works toward conformance with WCAG 2.1 Level AA. TechnologyMatch does not warrant full compliance with WCAG 2.1 AA or any other accessibility standard at all times. Contact info@technologymatch.com for accommodations.
20. CONTACT INFORMATION
The Launchpad Group Inc. dba TechnologyMatch
300 S Orange Ave, Suite 1000-66, Orlando, FL 32801
info@technologymatch.com | https://technologymatch.com/
Data Processing Agreement: Customers may request a DPA by contacting TechnologyMatch at the address above.
Privacy Policy: https://technologymatch.com/privacy-policy
21. GDPR — EUROPEAN USERS AND EMBEDDED DATA PROCESSING TERMS
This Section applies Suite-wide to any Evolve Product and is not specific to any single Evolve Product; it supersedes any product-specific data processing language that may appear in an individual Product Schedule.
If you are located in the EEA, United Kingdom, or Switzerland, the following terms apply automatically upon acceptance of this Master Terms of Use and constitute the Data Processing Agreement ("DPA") required under Article 28 GDPR. No separate document or request is required.
Roles (Article 28)
You act as data controller and TechnologyMatch acts as data processor for personal data you submit to any Evolve Product. TechnologyMatch processes personal data only on your documented instructions and will promptly inform you if any instruction is believed to infringe applicable data protection law.
Lawful Basis
TechnologyMatch processes personal data on the following lawful bases: (i) Article 6(1)(b) — performance of contract, for account data and Platform delivery; (ii) Article 6(1)(f) — legitimate interests, for AI-generated Output, supported by a Legitimate Interests Assessment confirming this processing does not override data subjects' fundamental rights; and (iii) Article 6(1)(c) — legal compliance. You are responsible for identifying your own lawful basis for submitting personal data to any Evolve Product.
Sub-Processors (Article 28(2))
TechnologyMatch engages sub-processors (including AWS and third-party AI providers) bound by equivalent data protection obligations. TechnologyMatch remains liable for sub-processor performance and will provide notice of material sub-processor changes with a reasonable opportunity to object.
Data Subject Rights (Articles 12–23)
TechnologyMatch will assist you, to the extent reasonably practicable, in responding to data subject rights requests under GDPR Chapter III. TechnologyMatch will respond substantively within thirty (30) days. Requests regarding data you control will be redirected to you without undue delay.
Breach Notification (Article 33)
TechnologyMatch will notify you within seventy-two (72) hours of becoming aware of a personal data breach affecting your Customer Data, to the extent required under Article 33 GDPR.
Audit Rights (Article 28(3)(h))
TechnologyMatch will make available information reasonably necessary to demonstrate Article 28 compliance and will cooperate with audits conducted with reasonable prior notice, subject to confidentiality obligations.
Return and Deletion
Upon termination or written request, TechnologyMatch will delete or return all personal data in accordance with the Data Retention terms in the applicable Product Schedule, unless applicable law requires retention.
International Transfers
Personal data transferred from the EEA, UK, or Switzerland to TechnologyMatch in the United States will be protected by appropriate safeguards including EU Standard Contractual Clauses or the UK International Data Transfer Agreement as required. By accepting this Agreement, you authorize TechnologyMatch to make such transfers as necessary to deliver the Evolve Suite.
Data Protection Representative (Article 27)
TechnologyMatch designates privacy@technologymatch.com as the point of contact for GDPR-related inquiries and data protection matters under Article 27 GDPR, pending appointment of a formal third-party EU/UK Data Protection Representative as described in the TechnologyMatch Privacy Policy.
TechnologyMatch's breach notification commitment to you is set out in Section 8 (Account Security) of this Master Terms of Use. As the controller or business responsible for the personal data you submit to the Evolve Suite, you remain responsible for any direct notification obligations you owe to regulators or affected individuals under applicable law (for example, Fla. Stat. § 501.171, PIPEDA, or Quebec Law 25); TechnologyMatch's role is to notify you promptly so you can meet those obligations, not to make those regulatory notifications on your behalf.
SCHEDULE INDEX
The following Product Schedules are incorporated by reference into this Agreement once separately accepted by the applicable User:
- Schedule A — Evolve Edge Product Schedule
- Schedule B — Evolve Coach Product Schedule
ACKNOWLEDGEMENT
☐ I HAVE READ, UNDERSTAND, AND AGREE TO THIS MASTER TERMS OF USE.
Note: acceptance of this Master Terms of Use does not grant access to any specific Evolve Product. See Section 4.
SCHEDULE A — EVOLVE EDGE — PRODUCT SCHEDULE
PRODUCT SCHEDULE
How This Schedule Works This Schedule A is incorporated into, and forms part of, the Evolve Suite Master Terms of Use. It applies only to your use of Evolve Edge and only supplements — it does not replace — the Master Terms of Use. Any capitalized term used but not defined here has the meaning given in the Master Terms of Use. You must accept this Schedule before first accessing Evolve Edge, regardless of whether you have already accepted the Master Terms of Use or another Product Schedule. GDPR/EU data processing terms applicable to Evolve Edge are set out Suite-wide in Section 21 of the Master Terms of Use and are not repeated here.
BY CLICKING "I AGREE" OR OTHERWISE ACKNOWLEDGING THIS SCHEDULE, YOU AGREE TO BE BOUND BY IT IN ADDITION TO THE EVOLVE SUITE MASTER TERMS OF USE.
A.1 EVOLVE EDGE OVERVIEW
Evolve Edge generates pre-call sales briefs, prospect intelligence, and call preparation materials for sales professionals. Evolve Edge is offered on a Credit basis: one (1) Credit = one (1) brief, as described in Section 5 of the Master Terms of Use.
Regenerating a previously generated brief (for example, after updating your company or prospect profile configuration) consumes one (1) additional Credit. Previously generated briefs are not automatically regenerated when your profile configuration changes; an updated configuration applies only to briefs generated after the change.
A.2 FREE TRIAL CREDITS
As described in Section 5.4 of the Master Terms of Use, an Evolve Account receives five (5) complimentary Credits upon first selecting Evolve Edge. No Evolve Edge-specific terms apply to free trial Credits beyond Section 5.4.
A.3 PROSPECT INFORMATION AND CUSTOMER RESPONSIBILITIES
You are solely responsible for ensuring that all prospect and third-party information you submit to Evolve Edge is lawfully obtained, lawfully processed, and used in compliance with applicable privacy and data protection laws. TechnologyMatch does not verify the accuracy or lawfulness of submitted information and assumes no responsibility for your compliance with applicable law.
California Users
If you use Evolve Edge in connection with prospect information about California residents, TechnologyMatch acts as a service provider under the CCPA/CPRA with respect to California resident personal data processed on your behalf, and: (a) will not sell or share California resident personal information; (b) will not retain, use, or disclose it for any purpose other than performing services under this Agreement; (c) will notify you if TechnologyMatch determines it can no longer meet its CCPA/CPRA obligations; and (d) will provide reasonable cooperation to assist you in responding to California resident rights requests. You retain responsibility for privacy disclosures and consumer rights request handling.
Other U.S. State Privacy Laws
If you use Evolve Edge in connection with personal information about residents of other U.S. states with comprehensive consumer privacy laws (including Virginia, Colorado, Connecticut, Texas, Montana, and any states that enact similar legislation), TechnologyMatch acts as your processor or service provider with respect to such personal information. You are responsible for your own obligations as the controller or business under applicable state law, including required consumer disclosures, honoring rights requests, and entering any required data processing agreements mandated by those laws.
Canadian Users — PIPEDA and Quebec Law 25
If you use Evolve Edge in connection with personal information about individuals located in Canada, TechnologyMatch acts as a service provider processing personal information on your behalf and pursuant to your instructions under PIPEDA and, where applicable, Quebec's Law 25. You are responsible for obtaining required consents, providing required privacy notices, and handling access and correction requests. Individuals in Canada have the right to access and request correction of their personal information, to withdraw consent, and to lodge a complaint with the Office of the Privacy Commissioner of Canada under PIPEDA Section 11. If you use Evolve Edge in connection with personal information about individuals located in Alberta or British Columbia, the applicable provincial Act may impose obligations independent of PIPEDA; TechnologyMatch acts as a service provider under each applicable provincial Act, and you remain responsible for obtaining required consents.
A.4 BRIEF GENERATION — DATA SOURCES AND AI DISCLAIMERS
This section supplements Section 7 (AI and Automated Analysis — General Provisions) of the Master Terms of Use.
In generating briefs, Evolve Edge may draw on: (i) information you provide directly; (ii) publicly available information sourced from the internet, including company websites, professional profiles, press releases, regulatory filings, and news sources; and (iii) licensed third-party data sources, including proprietary data lakes and commercial data providers engaged by TechnologyMatch from time to time. Sources may change as TechnologyMatch updates its data infrastructure; material changes will be reflected in the TechnologyMatch Privacy Policy.
Accuracy Disclaimer. AI-generated briefs are informational outputs for sales preparation only and are not verified representations of fact. TechnologyMatch expressly disclaims the accuracy, completeness, timeliness, or fitness for any purpose of any information in a brief, including information from publicly available or licensed sources. An in-product notice is displayed at the point of brief generation stating that briefs are AI-generated, may contain inaccuracies, and should be independently verified before use. You are solely responsible for verifying brief content and for any decisions made in reliance on it.
Mutual indemnification applicable to your use of Evolve Edge is set out Suite-wide in Section 10 of the Master Terms of Use and is not repeated here.
A.5 EVOLVE EDGE DATA RETENTION
Evolve Edge follows the default Retention Period and Post-Cancellation Period described in Section 6 of the Master Terms of Use: twelve (12) months from the date Customer Data is submitted or generated, followed by a ninety (90) day Post-Cancellation Period. No Evolve Edge-specific deviation from that default applies.
A.6 SECURITY CONTROLS AND SERVICE AVAILABILITY
Security controls and service availability for the Evolve Suite generally, including SOC 2 Type II controls, AWS hosting dependency, and status-page outage communication, are described in Section 6 of the Master Terms of Use. No Evolve Edge-specific security or availability terms apply beyond that Section.
A.7 EVOLVE EDGE — ADDITIONAL ACCEPTABLE USE TERMS
Evolve Edge is designed exclusively for lawful business use by sales and commercial professionals. Use for personal, consumer, or non-commercial purposes is not permitted. In addition to Section 9 of the Master Terms of Use, you may not use Evolve Edge to generate briefs about, research, or compile information on:
- Any individual who is, or whom you have reason to believe may be, under the age of eighteen (18), regardless of whether they are identified as a business contact;
- Any individual in a personal or private capacity with no legitimate professional or commercial purpose; or
- Any individual for purposes unrelated to your organization's legitimate sales, business development, or commercial activities. You may not use Evolve Edge or any Output to: harass, intimidate, threaten, stalk, surveil, or facilitate domestic abuse or non-consensual monitoring of any individual; discriminate against any individual on the basis of a characteristic protected by applicable law; or use Output as a factor in any determination of an individual's eligibility for credit, insurance, employment, housing, or tenant screening under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Output is not a consumer report and you agree not to use it as one.
Report known violations of this Section to info@technologymatch.com. TechnologyMatch will investigate in good faith and take appropriate action.