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.

Withdrawal rights: Paid digital content supplied without a physical medium and services performed by our personnel have different early-expiry conditions. A purchase, EULA acceptance or installation alone does not waive withdrawal rights. For digital content, early expiry requires commencement of performance, prior express consent, acknowledgment of the resulting loss of the right, and the required contract confirmation. A paid human service generally requires full performance plus the required prior consent and acknowledgment. Delivering software does not complete an unfinished setup service. Mixed orders are assessed by component.

Refund Policy: Statutory withdrawal, conformity, price-reduction, termination and reimbursement rights remain unaffected. Where a withdrawal right has validly expired, there is no additional general change-of-mind refund promise, but this does not remove remedies for defective or undelivered products or services. Payment processor policies cannot override statutory rights.

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
• Not access our servers, mod catalog or download endpoints by automated means (including scripts, scrapers, bots or AI agents) other than through the desktop application
• Not copy or redistribute, in whole or in substantial part, content provided through our services, including mod files, mod descriptions, catalog listings and page text (honest reviews, your own results and screenshots shared for personal discussion remain permitted)
• Not use our services, content or your account to build, populate or market a competing product, including by reproducing our user interface, page structure or content catalog
• 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. Game modification files and their descriptions are owned by Evolve Performance or licensed to it by their creators, in some cases exclusively, and Evolve Performance may enforce these rights, including on behalf of the creators.

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). You have the statutory remedies described in Section 18, including where defects arise during an agreed period of continuous supply or required updates are not provided.

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 are liable without contractual limitation for intent, gross negligence, culpable injury to life, body or health, mandatory product liability, fraudulent concealment, assumed guarantees and other liability that cannot legally be limited.
• For simple negligence, liability is limited to breach of essential contractual duties and the foreseeable, contract-typical damage. Essential duties enable proper performance and are those on which you may ordinarily rely, including agreed access, reasonable care in selected modifications and appropriate service security. Liability for simple negligence in other duties is excluded, subject to mandatory law.
• A problem occurring after use alone does not establish liability. Applicable requirements for responsibility, causation and recoverable loss, including statutory presumptions, still apply. Unrelated pre-existing faults, independent modifications and your contribution to a loss are assessed by their actual role, including under § 254 BGB. A missing backup or risk acknowledgment does not automatically eliminate a claim.
• Statutory defect, performance, reimbursement, price-reduction and termination rights remain unaffected. These rules also apply to the Free Tier and manual services. EULA Section 9 gives the corresponding rules for the desktop Software.

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 courts competent under applicable law. Mandatory consumer protections and rights to bring proceedings in your country of residence remain unaffected. Informal negotiation is voluntary and does not prevent urgent relief or other statutory remedies.

16. Consumer Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board. This does not restrict access to courts or other statutory remedies.

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

The Free Tier provides the reduced functionality described when access is granted without a monetary payment. This does not necessarily make the contract gratuitous: where personal data is processed beyond what is exclusively necessary for service performance or legal obligations, § 327(3) BGB and other consumer protections may apply. The Privacy Policy describes actual processing and your rights.

The conformity and liability rules in Sections 8, 9 and 18 apply according to the agreed Free Tier functionality. No separate zero-Euro damages cap or blanket exclusion for essential duties applies. No price refund arises if none was paid, but other statutory remedies remain.

We may discontinue an ongoing Free Tier offering on thirty days of notice in text form, subject to longer binding commitments and mandatory law. Product changes must satisfy applicable digital-product protections, including § 327r BGB where applicable. Termination for breach and supported restoration/removal are governed by EULA Sections 11.3 and 11.4. Access restrictions do not require a new optimization purchase to obtain reasonable assistance or instructions for supported restoration or removal.

Paid upgrades have the scope, services, payment and duration agreed in the order. They do not retroactively change terms governing earlier use or remove statutory rights.