Terms of Service

1. Agreement to Terms

By accessing or using Evolve Performance services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our Services.

2. Description of Services

Evolve Performance provides Windows optimization services, including but not limited to:

• Custom Windows optimization and debloating services
• BIOS configuration and optimization
• GPU driver optimization
• System registry and service tuning
• RAM timing optimization

3. Desktop Application (EULA)

Use of the Evolve Optimizer desktop application is additionally governed by the End User License Agreement (EULA) presented during installation. The EULA contains detailed disclosures about system modifications, data collection, and script execution performed by the desktop application. Before each major optimization pipeline, the application displays a plain-language summary of the specific modifications that will be performed and requires your confirmation to proceed. In the event of a conflict between these Terms and the EULA, the EULA governs with respect to the desktop application; these Terms govern with respect to website access and purchase transactions.

4. Eligibility

You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, to use our Services, including both paid tiers and the Free Tier described in Section 21. By completing a purchase or by using the Free Tier, you represent and warrant that you meet this age requirement. If you are under 18, you may not use our Services.

5. Payments and Refunds

Merchant of Record:All payments are processed by Creem ("Creem"), which acts as the Merchant of Record (MoR) for all transactions. Creem is the contractual seller for payment purposes and handles billing, VAT collection, and tax compliance on behalf of Evolve Performance. When you complete a purchase, your payment contract is with Creem. Evolve Performance remains responsible for the delivery and quality of the Services. Accepted payment methods include credit/debit cards, Apple Pay, Google Pay, and select local payment methods as available through Creem. Cryptocurrency payments are available via NOWPayments and carry a 5% processing fee on top of the base price. Prices are displayed in EUR (€) and are one-time payments unless otherwise specified. Prices include applicable VAT. For card payments, Creem (as Merchant of Record) handles VAT remittance to the relevant tax authority based on your location. For cryptocurrency payments, any applicable VAT is included in the total shown at checkout. Your bank may charge currency conversion fees.

Waiver of Withdrawal Right:Our services consist of digital content that is custom-built to your hardware specifications. By completing your purchase, you expressly consent to immediate performance of the contract and acknowledge that you lose your right of withdrawal (Widerrufsrecht) once delivery of the digital content has begun, in accordance with § 356(5) BGB and Art. 16(m) of the EU Consumer Rights Directive 2011/83/EU.

Refund Policy:Under EU law, you have a 14-day right of withdrawal from the moment of purchase. However, by consenting to immediate delivery during checkout, you waive this right once delivery of digital content has begun, in accordance with § 356(5) BGB. After delivery has begun and the withdrawal right has expired, refunds are generally not available. Your statutory rights regarding defective digital content under §§ 327 ff. BGB (including the right to remedy, price reduction, or contract termination) remain unaffected and cannot be excluded by these terms.

For full details on your right of withdrawal, see our Withdrawal Policy.

6. User Responsibilities

You agree to:

• Provide accurate system specifications and information
• Create backups of your data before applying any optimizations
• Use the provided files only for personal, non-commercial purposes
• Not redistribute, resell, or share the custom files with others
• Comply with all applicable laws and regulations

7. Intellectual Property

All optimization configurations, scripts, and documentation provided are the intellectual property of Evolve Performance. You are granted a personal, non-transferable license to use these materials on your own systems only.

8. Product Conformity & Disclaimer

We strive to deliver our digital products and services in conformity with the contract and in accordance with §§ 327e ff. BGB (German Civil Code). If a defect exists at the time of delivery, you are entitled to the remedies set out in Section 18.

Results may vary depending on your specific hardware configuration, software environment, and usage patterns. This is not a warranty exclusion but a factual description of the nature of system optimization. We do not guarantee specific FPS increases, latency reductions, or other performance metrics.

9. Limitation of Liability

• We bear unlimited liability for damages caused by intent or gross negligence, and for personal injury (life, body, health).
• For breaches of cardinal obligations (essential contractual duties whose fulfillment is necessary for proper contract performance), our liability is limited to foreseeable, contract-typical damages.
• We are not liable for damage caused by the user's failure to follow the instructions provided with our services.
• Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.

These limitations apply regardless of the legal basis of the claim.

10. BIOS Modification Risks

Certain services offered by Evolve Performance involve modifications to your system's BIOS/UEFI firmware. You acknowledge and agree to the following:

• BIOS modifications carry an inherent risk of hardware damage, including but not limited to bricked motherboards, boot failures, and system instability
• You assume full responsibility for applying any BIOS changes provided by Evolve Performance
• You must create a backup of your current BIOS firmware before applying any modifications
• Modifying your BIOS may void the warranty provided by your hardware manufacturer
• Evolve Performance is not liable for any hardware damage, voided warranties, data loss, or boot failures resulting from BIOS modifications
• We remain liable for defects in BIOS profiles we create, in accordance with the liability provisions above
• The above disclaimers apply only to risks arising from the correct application of our instructions
• We are not liable for modifications you make beyond the scope of our provided instructions

11. Third-Party Software

Our optimizations may interact with Microsoft Windows and other third-party software. We are not affiliated with Microsoft Corporation. Windows is a registered trademark of Microsoft Corporation. Use of our Services does not grant any rights to third-party intellectual property.

12. Privacy and Data

We collect system specifications and Discord information solely for the purpose of delivering our Services. We do not sell or share your personal information with third parties except as necessary to process payments and deliver services.

13. Support and Communication

Windows optimizations are delivered through the Evolve Optimizer desktop application, which you keep for the life of your license. You can re-apply or roll back any optimization yourself at any time - including after a Windows reinstall - directly from the app. Setup support and BIOS tuning are provided through Discord. By purchasing our Services, you agree to join our Discord server for support and BIOS delivery purposes. Response times may vary but we aim to respond within 24-48 hours.

Your BIOS profile is tuned once for the hardware identified at the time of your order. A new tune for changed hardware (for example, a different CPU, motherboard, or RAM kit) or following a BIOS firmware update is not included in your original purchase and requires a new order. Nothing in this section affects your statutory rights regarding defective digital content under §§ 327 ff. BGB (see Section 18).

14. Modifications to Terms

We reserve the right to modify these Terms. Material changes (changes that affect your rights or obligations) will be communicated with at least 30 days' notice via email or prominent notice on our website. Material changes require your affirmative acceptance before taking effect. If you do not accept the modified terms within the notice period, the prior version continues to govern your use. You may terminate your use of the Services if you disagree with any material changes. Non-material changes (typographical corrections, clarifications) may take effect upon posting.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Any disputes arising from these Terms or our Services shall be resolved through good-faith negotiation or, if necessary, through the competent courts of Germany.

16. Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

17. Contact Information

For questions about these Terms or our Services, please contact us at support@evolveperf.com or through our Discord server.

18. Digital Content Conformity (§§ 327ff BGB)

As a provider of digital products under German law, we are bound by the conformity requirements of §§ 327 ff. BGB.

• Our digital products must conform to the agreed specifications and be suitable for the purposes intended under the contract.
• If a defect exists, you are entitled to demand remedy (repair or replacement) within a reasonable period.
• If remedy fails or is refused, you may reduce the price or terminate the contract for the defective digital product.
• Claims for defects are subject to the statutory limitation periods.

19. Functionality, Interoperability & DRM

In accordance with Art. 246a § 1 (1) No. 14-15 EGBGB, we provide the following information about our digital products:

• System requirements: Windows 10 or 11 (64-bit) with administrator privileges
• License binding: Each license key is bound to one device via Hardware ID (HWID). Reactivation on a different device requires contacting support.
• Encryption: Optimization payloads are delivered using AES-256-GCM encryption and decrypted in memory on your device
• Interoperability: Our services interact with Microsoft Windows system settings, BIOS/UEFI firmware, and GPU drivers. We are not affiliated with Microsoft Corporation.

20. Contract Language

The contract language is English.

21. Free Tier Terms

Evolve Performance offers a Free Tier of the Evolve Optimizer at no charge. The Free Tier is a reduced-scope version of the Software provided at the Company's discretion. This Section 21 applies to Free Tier access and takes precedence over any conflicting provision elsewhere in these Terms with respect to the Free Tier.

(a) No charge. The Free Tier is provided without payment. The Merchant of Record, withdrawal, and refund provisions of Section 5 do not apply to Free Tier access, and no price has been paid for which a refund could be issued.

(b) Limitation of Liability. For Free Tier access, and to the maximum extent permitted by mandatory applicable law:

• Our liability for damages caused by simple negligence (einfache Fahrlässigkeit) is excluded in its entirety, including in respect of essential contractual obligations (Kardinalpflichten). Section 9 of these Terms does not apply to the Free Tier except as incorporated below.
• Our total aggregate liability for all claims arising out of or relating to the Free Tier is capped at the amount You have paid for Free Tier access, which is zero Euros (€ 0.00).
• The above limitations reflect the analogous application of BGB §§ 521 and 599 to gratuitous digital services. You acknowledge that You have paid no price and provided no consideration for Free Tier access beyond the personal data required for authentication, hardware binding, and service delivery as described in our Privacy Policy.

(c) Mandatory minimums preserved.Our liability is not excluded or limited for: intentional misconduct (Vorsatz); gross negligence (grobe Fahrlässigkeit); injury to life, body, or health; claims under the German Product Liability Act (Produkthaftungsgesetz); fraudulent concealment of defects (arglistiges Verschweigen eines Mangels); assumed guarantees within the meaning of BGB § 276(1); mandatory liability under BGB §§ 327-327u to the extent those provisions apply to the Free Tier under BGB § 327(3); and any other liability that cannot be excluded under mandatory applicable law.

(d) Statutory Digital Content Rights.If You are a consumer in Germany or the EU, the mandatory provisions of BGB §§ 327-327u apply to Free Tier access to the extent required by BGB § 327(3) (digital products provided for personal data as counter-performance). This Section does not exclude, limit, or modify those mandatory rights.

(e) No continuing obligation. We may modify, suspend, or discontinue the Free Tier, in whole or in part, at any time and without prior notice. Free Tier access is revocable at any time by disabling the associated credentials, Hardware Identifier binding, or OAuth authentication linkage, and does not entitle You to any refund, compensation, or continued service.

(f) EULA controls the desktop application. The End User License Agreement presented during installation of the Evolve Optimizer contains a parallel Free Tier Provisions section. Where this Section and the EULA both apply, the EULA governs with respect to the desktop application; this Section governs with respect to website access.