BROWN powered by EVEN — Terms of Service
The Short Version
Hi. We're EVEN. We built this platform with Chris Brown to bring you closer to his music, his community, and his work. These are the rules of the road. The full legal version follows below, but here's the gist.
You have to be 18 or older to create an account. This is a hard rule. If you're under 18, this platform isn't for you yet. We'll close any account we discover belongs to a minor.
You're agreeing to two sets of terms when you sign up. Ours, and Sony Music's. Sony is Chris Brown's label and a partner here. You can read theirs at the links in Section 19.
The Platform has three tiers. Anyone can browse. Once you sign up, you can join the community chat and access more. Once you pay, you can stream the music. We explain how each tier works in Section 5.
Pre-orders are real purchases. When you pre-order, you're buying the album. We deliver it on the release date. All sales are final.
You don't own the music. You bought a license to listen to the music, not to the music itself. Don't rip it, don't redistribute it, don't try to extract the audio, don’t upload it anywhere. In most situations, you’re getting it early because the artist is excited to get it to you early. Respect the artist. We talk about exactly what you can and can't do in Section 8.
The chat has rules. No harassment, no hate, no spam, no advertising, no sharing private info, no trying to circumvent moderation. Break the rules and you can lose access. Section 13 spells it out.
Things go wrong sometimes. If something doesn't work or you have a problem, email support@even.biz. We'll work on it. We have a formal complaint process and a 60-day informal resolution period before either of us can sue.
Where you live matters. UK, EU, Australian, and certain other consumers have rights that override parts of this contract. We have regional addenda at the end that explain what's different where you are.
We can change these terms. If we change something important, you get notice in advance. Continuing to use the platform after a change means you accept it.
That's the gist. Read the full version below if you want the legal text. If you have questions, email support@even.biz.
Table of Contents
Main Terms
About These Terms
Acceptance and Eligibility
The Sony Relationship and Dual Acceptance
Your Account
Three-Tier Access Model
Purchases, Pricing, and Taxes
Pre-Orders
Digital Releases and License Grant
Physical Merchandise
Refunds
Gifting
Live Events and Livestreams
Community Chat
Tour Information and External Links
Your Content
Intellectual Property
EVEN's Role and Limitations
Restrictions on Use
Disclaimers
Limitation of Liability
Indemnification
Termination
Dispute Resolution and Arbitration
Governing Law
General Provisions
Contact and Notices
Regional Addenda
A. United States
B. Canada
C. United Kingdom, European Economic Area, and Switzerland
D. Brazil
E. Australia
F. Philippines
G. South Africa
MAIN TERMS
1. About These Terms
These Terms of Service (the "Terms") govern your access to and use of the BROWN platform at brown.live (the "Platform"), operated by EVEN Labs Inc. ("EVEN," "we," "us," or "our") in collaboration with Chris Brown Entertainment and RCA Records, a label of Sony Music Entertainment ("Sony").
These Terms form a binding contract between you and EVEN. By accessing or using the Platform, you accept these Terms in full. If you do not accept these Terms, do not use the Platform.
These Terms incorporate by reference our Privacy Policy at brown.live/privacy and Sony's terms and policies referenced in Section 3. Where capitalized terms are used and not defined, they have the meanings set out in the Privacy Policy.
EVEN reserves the right to modify these Terms. Section 25.5 explains how we notify you of changes and what your options are.
2. Acceptance and Eligibility
2.1 Acceptance
By tapping "Continue" during sign-up, completing the account registration process, making a purchase, or otherwise using the Platform, you confirm that you have read, understood, and agree to these Terms. Your action constitutes an electronic signature with the same legal effect as a handwritten signature.
2.2 Age Requirement
You must be at least 18 years of age to create an account, make a purchase, or use any authenticated feature of the Platform. By accepting these Terms, you represent and warrant that you are 18 or older.
We do not knowingly permit individuals under 18 to use authenticated features of the Platform. If we learn that an account belongs to an individual under 18, we will close the account, delete or anonymize associated personal information except where retention is required by law, and refund any pending purchases as required by applicable law.
2.3 Capacity and Authority
You represent and warrant that you have the legal capacity to enter into these Terms and that your use of the Platform does not violate any law applicable to you, including the laws of the country and jurisdiction where you reside.
2.4 Sanctions Compliance
You represent that you are not located in, ordinarily resident in, or a national of any country or region subject to comprehensive US sanctions, and that you are not on any US Treasury Department Office of Foreign Assets Control ("OFAC") sanctions list or equivalent restricted-parties list. If we learn that you are subject to sanctions, we will suspend or terminate your account.
3. The Sony Relationship and Dual Acceptance
The Platform is operated by EVEN in collaboration with Chris Brown Entertainment and RCA Records, a label of Sony Music Entertainment. By using the Platform, you also agree to Sony's terms and privacy policy, available at:
Sony Terms and Conditions: https://www.sonymusic.com/terms-and-conditions/
Sony Privacy Policy: https://www.sonymusic.com/privacy-policy/
EVEN's Terms (this document) govern your relationship with EVEN. Sony's terms govern your relationship with Sony with respect to the personal information Sony receives and the artist content Sony distributes.
If a conflict arises between these Terms and Sony's terms with respect to your use of the Platform, these Terms control unless Sony's terms are required to apply by law or by the specific subject matter (for example, Sony's privacy policy controls Sony's processing of your data).
EVEN is responsible for the operation of the Platform. Sony is responsible for the recording artist relationship and the artist content. Neither party is responsible for the obligations of the other except as expressly stated.
4. Your Account
4.1 Account Creation
To access authenticated features of the Platform, you must create an account using a valid phone number or email address. We use Magic Labs, Inc. ("Magic") to authenticate your account. Authentication may include verification codes sent by SMS or email.
You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.
4.2 One Account Per Person
You may not create more than one account, sell or rent your account, or grant access to your account to any other person. If we determine you have multiple accounts, we may suspend or close any or all of them.
4.3 Account Security
You are responsible for maintaining the security of your account, including the phone number or email address used for authentication. If you believe your account has been accessed without your authorization, contact us immediately at info@even.biz.
You will not hold us responsible for unauthorized access to your account that results from your failure to safeguard your authentication credentials, sharing your phone or email access with others, or failing to notify us promptly of suspected compromise.
4.4 Communications
By creating an account, you agree that we may communicate with you electronically, including by email, SMS, in-Platform notifications, and push notifications (if enabled). You agree that any notices, agreements, disclosures, or other communications delivered to your account or to the contact information you provide will satisfy any legal requirement that such communications be in writing.
Transactional communications (authentication codes, order confirmations, security alerts, account notices) are necessary for your account and cannot be opted out of without closing your account. Marketing communications are subject to your opt-out choices as described in our Privacy Policy.
4.5 Account Suspension and Closure by EVEN
We may suspend, restrict, or close your account at any time if we reasonably believe that:
You have violated these Terms or any incorporated policy
Your account is being used for fraud, money laundering, or other illegal activity
You have provided false or misleading information
Your continued use of the Platform poses a risk to other users, EVEN, or our partners
We are required to do so by law, regulation, court order, or government request
You have failed to pay for a purchase or initiated a chargeback without basis
Where we suspend or close your account for cause, you forfeit access to the Platform and any unused purchases or content licenses, except where applicable law requires otherwise.
4.6 Account Closure by You
You may close your account at any time by emailing info@even.biz or by using the in-account closure tool if available. Account closure is governed by the retention rules in our Privacy Policy. Closing your account does not entitle you to a refund of past purchases.
5. Three-Tier Access Model
The Platform offers three tiers of access:
5.1 Visitor Tier
You can browse the Platform without an account. As a Visitor, you can view the album page, the tour page, the merchandise shop, the livestream landing page, and other public-facing pages. You cannot make purchases, join the chat, or access authenticated features.
5.2 Member Tier
By creating an account, you become a Member. Members can join the community chat, sign up for tour presale notifications, view the livestream, gift releases to other fans, and access other authenticated features that do not require purchase.
Member access is free and does not require a purchase.
5.3 Purchaser Tier
By purchasing a release, you become a Purchaser. Purchasers can stream the digital release as licensed under Section 8, receive any associated physical merchandise, and access other content unlocked by purchase.
Purchase tier access is governed by the license grant in Section 8 and the access period defined for the release at the time of purchase.
6. Purchases, Pricing, and Taxes
6.1 Pricing
Prices are displayed at the point of purchase. Prices are quoted in US Dollars unless another currency is specified. We may offer regional pricing in local currency at our discretion.
The minimum price for the BROWN digital release is $14.99 USD. You may pay more than the minimum if you choose. The price you pay is shown to you before you confirm the purchase.
6.2 Payment Processing
Payments are processed by Stripe, Inc. ("Stripe"). By making a purchase, you also agree to Stripe's terms of service. EVEN does not store your full payment card details.
6.3 Taxes
Prices displayed do not include applicable sales, value-added, or other transaction taxes unless expressly stated. We collect and remit taxes where required by law. The total amount payable, including taxes, is shown to you before you confirm the purchase.
You are responsible for any taxes, duties, or fees imposed on your purchase by your country or local jurisdiction beyond those we collect at checkout.
6.4 Currency Conversion
If you pay in a currency other than the price display currency, your payment provider may convert the amount and may charge fees for conversion. EVEN is not responsible for conversion fees or rate differences charged by your payment provider.
6.5 Failed Payments
If your payment fails, we will not deliver the purchase. You may retry payment using a different method. If we cannot collect payment for a confirmed order, we will cancel the order and notify you.
6.6 Order Confirmation
A purchase is complete when we send you an order confirmation by email or in-Platform notification. Until confirmation, the order is provisional and may be cancelled by either party for any reason without liability.
6.7 Pricing Errors
If a price is displayed incorrectly due to a technical error, EVEN reserves the right to cancel the order and refund any amount paid. We will notify you and give you the option to repurchase at the correct price.
7. Pre-Orders
7.1 What a Pre-Order Is
A pre-order is a purchase of a release before its general availability. When you pre-order, you authorize us to charge your payment method at the time of pre-order, and we agree to deliver the release on the announced release date or as soon as reasonably practicable thereafter.
7.2 Release Date
The announced release date for the BROWN digital release is May 8, 2026. The release date is subject to change at the discretion of the artist, label, or EVEN. We will notify pre-order purchasers of any change to the release date.
7.3 Delivery on Pre-Order
For digital releases, "delivery" means making the release available to stream or download in your account on or after the release date. For physical releases, "delivery" means shipping the physical product to the address you provided. You are responsible for the accuracy of the address that you provide.
7.4 Pre-Order Cancellation by You
You may cancel a pre-order before the release date by emailing support@even.biz. If we cancel before the release date, we will refund the amount paid in full, less any non-refundable transaction fees imposed by our payment processor that we cannot recover.
After the release date, the pre-order has been fulfilled and Section 10 (Refunds) applies. The pre-order cancellation right above does not apply to digital content that has been made available to you on or before the release date.
7.5 Pre-Order Cancellation by EVEN
We may cancel a pre-order if:
The artist or label withdraws the release
The release is materially delayed beyond a reasonable period (we treat 30 days past the announced release date as the threshold)
A legal, regulatory, “Act of God” or contractual issue prevents delivery
We detect fraud or sanctions issues with the order
If we cancel, we refund the amount paid in full.
7.6 Material Delay
If the release is delayed by more than 30 days past the announced release date, you may request a refund of your pre-order regardless of the rest of these Terms. Refund requests for material delay must be made within 90 days of the original announced release date. Email support@even.biz to request.
8. Digital Releases and License Grant
8.1 License, Not Sale
When you purchase a digital release, EVEN grants you a license to access the release. You do not own the underlying audio recordings, musical compositions, lyrics, artwork, or other content (collectively, "Licensor Content"). You are not purchasing the music itself.
8.2 Scope of the License
Subject to your continued compliance with these Terms, EVEN grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license during the Release Period (defined in Section 8.4) to:
Stream the audio of the release through the Platform's player
Download the release for offline listening through the Platform's player, where the download functionality is enabled
View associated artwork, lyrics, and visual content as displayed on the Platform
The license is for your personal, non-commercial use only.
8.3 What You Cannot Do
You may not:
Copy, rip, or extract the audio of the release by means other than those offered through the Platform
Redistribute, share, broadcast, perform publicly, or make the release available to anyone other than yourself
Modify, adapt, translate, create derivative works from, decompile, reverse engineer, or disassemble the release or its delivery technology
Remove, alter, or obscure copyright, trademark, or other proprietary notices
Use the release for any commercial purpose, including but not limited to background music in a business, in a podcast or video, in advertising, or as part of any monetized content
Attempt to circumvent any technical protection measure or access control
8.4 Release Period
The Release Period is the period during which you can access the release through the Platform. The minimum Release Period for the BROWN digital release is 30 days from the release date. EVEN, the artist, or the label may extend access at their discretion.
After the Release Period ends, your license terminates. You will no longer be able to stream or download the release through the Platform. We will give you reasonable notice before the Release Period ends.
8.5 License Revocation
EVEN may revoke your license to a specific release or all releases if:
You materially breach these Terms or the Restrictions on Use in Section 18
You initiate a chargeback or payment reversal without basis
You engage in fraud, abuse, or unauthorized access
We are required to do so by law, court order, or government request
The artist, label, or other rightsholder withdraws the release for legal or contractual reasons
Where revocation occurs through no fault of yours (for example, the rightsholder withdraws), we will offer you a refund or comparable credit. Where revocation results from your breach, you forfeit the license without refund.
We will not revoke your license arbitrarily or without cause. Section 17 describes the limits on EVEN's discretion.
8.6 Technical Availability
We will use commercially reasonable efforts to keep the release available throughout the Release Period. The Platform may experience downtime, maintenance, or technical issues that temporarily prevent access. We are not liable for temporary unavailability except to the extent your jurisdiction's law requires otherwise.
9. Physical Merchandise
9.1 Availability
We may offer physical merchandise (vinyl, CDs, apparel, or other items) in connection with the BROWN release. Physical merchandise is subject to availability. We may limit quantities per customer.
9.2 Shipping
Shipping times, costs, and methods are displayed at checkout. We ship to the address you provide. You are responsible for providing an accurate shipping address. We are not responsible for delays caused by carriers, customs, incorrect addresses, or events outside our control.
9.3 Risk of Loss
Risk of loss for physical merchandise transfers to you upon delivery to the carrier. Once we ship, the carrier handles the package. If a package is lost in transit, contact support@even.biz and we will work with the carrier to investigate.
9.4 International Shipping, Duties, and Taxes
For international shipments, you are the importer of record. You are responsible for any customs duties, import taxes, or fees imposed by the destination country. These charges are separate from the price you paid at checkout.
9.5 Defective or Damaged Merchandise
If physical merchandise arrives defective or damaged, contact support@even.biz within 30 days of delivery. We will replace the item, refund the purchase, or offer comparable resolution at our discretion, subject to applicable law.
10. Refunds
10.1 Default Policy: All Sales Final
Except as expressly provided in these Terms or as required by applicable law, all sales are final and non-refundable. This includes digital releases, pre-orders that have been fulfilled, and physical merchandise that arrives in good condition.
10.2 Exceptions Provided by EVEN
We will refund or offer comparable resolution in the following cases, subject to investigation:
Pre-order non-delivery or material delay (see Section 7.5 and 7.6)
Defective or damaged physical merchandise (see Section 9.5)
Duplicate charges or technical billing errors
Pricing errors that we identify (see Section 6.7)
License revocation through no fault of yours (see Section 8.5)
Fraudulent unauthorized purchase from your payment method (subject to verification)
10.3 Statutory Refund Rights
In addition to the above, you may have statutory refund rights under the law of your country or state of residence that cannot be waived by contract. These rights apply regardless of the default policy in Section 10.1. The regional addenda below describe key statutory rights for users in the UK, EU, Switzerland, Australia, and certain other jurisdictions.
10.4 How to Request a Refund
To request a refund, email support@even.biz with your order number and the reason for your request. We will respond within 14 days.
10.5 Refund Processing
Approved refunds are processed back to the original payment method within 14 days of approval. Your bank or card issuer may take additional time to post the refund.
10.6 Chargebacks
If you believe a charge is unauthorized or incorrect, contact us first at support@even.biz before initiating a chargeback with your bank or card issuer. Initiating a chargeback for a charge we have offered to refund or resolve, or for a charge that is valid, may result in suspension or closure of your account.
11. Gifting
11.1 How Gifting Works
You may purchase a release as a gift for another person. To gift, you provide the recipient's name and email and pay the purchase price. We email the recipient a notification with instructions to claim the gift.
11.2 Recipient Acceptance
The recipient must create an account and accept these Terms to claim the gift. If the recipient does not claim the gift within 90 days of purchase, the gift expires and the recipient information is deleted as described in our Privacy Policy. We do not refund expired gifts unless required by applicable law.
11.3 Gifter Responsibilities
By purchasing a gift, you confirm that:
The recipient is 18 years of age or older
You have the recipient's permission to share their email with us for this purpose
The gift is not being used to evade sanctions, gift restrictions in any contract, or any law applicable to you or the recipient
11.4 Recipient Privacy
We use recipient contact information solely to deliver the gift. We do not market to gift recipients unless they create an account and opt in independently. See our Privacy Policy for details.
12. Live Events and Livestreams
12.1 Scheduled Live Events
The Platform may host live events, including the live album premiere scheduled for May 7, 2026. Live events are accessible to Members and may include live chat, behind-the-scenes content, and artist participation.
12.2 Recording and Replay
Live events may be recorded and made available for later viewing. By participating in a live event, you consent to the recording and replay of the event, including any chat messages or interactions you contribute.
12.3 Live Chat
Live event chat is governed by Section 13 (Community Chat). Chat content during live events is subject to moderation in real time.
12.4 No Recording by You
You may not screen-record, broadcast, retransmit, or capture the audio or video of any live event by any means for any purpose.. Doing so violates these Terms and the rights of the artist, label, and other rightsholders.
12.5 Technical Issues
We will use commercially reasonable efforts to deliver live events as scheduled. Live events may be affected by technical issues, internet connectivity, or events outside our control. If a live event is materially disrupted or cancelled, we will offer a replay where reasonably possible.
13. Community Chat
13.1 Purpose
The community chat is a space for fans to connect with each other and engage with the artist's content. We want it to feel like a community, not a free-for-all.
13.2 No Direct Messages
The chat does not support private direct messages between users. All chat content is posted in shared rooms or threads visible to other Members.
13.3 Conduct Rules
By participating in chat, you agree not to:
Harass, threaten, intimidate, or stalk any other user, the artist, or any person
Post hate speech, slurs, or content that promotes discrimination on the basis of race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic
Post sexually explicit content, content that sexualizes minors, or content that is otherwise obscene
Post content that promotes or facilitates violence, terrorism, self-harm, or illegal activity
Spam the chat with repetitive messages, advertising, promotional content, links to external sites, or solicitations
Impersonate another person, including the artist, EVEN staff, or other users
Share another person's private information without their consent (doxxing)
Solicit personal information from other users, particularly anyone who appears to be a minor
Attempt to circumvent moderation, evade bans, or exploit chat features
Use automated tools, bots, or scripts to post in chat
13.4 Moderation
Chat is actively moderated. We use a combination of automated AI moderation, human moderators, and user reports. Moderators may, at their discretion:
Remove individual messages
Issue warnings
Restrict your ability to post temporarily
Ban you from chat permanently
Suspend or close your account for severe or repeated violations
We do not provide advance notice of moderation actions. We do not owe you an explanation for individual moderation decisions, though we will respond to good-faith inquiries about account-level actions.
13.5 User Content in Chat
By posting in chat, you grant EVEN, the artist, and our partners a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute your chat content as part of the Platform and for related promotional purposes.
You are solely responsible for the content you post. You represent that you have the right to post any content you contribute.
13.6 Reporting
If you encounter content that violates these rules, use the in-Platform reporting tool or email support@even.biz. We review reports promptly but do not guarantee a particular outcome.
13.7 Chat Retention
Chat messages are retained indefinitely. If you close your account, your messages remain visible in the chat history with your display name replaced by a generic identifier. See our Privacy Policy for details.
14. Tour Information and External Links
14.1 Tour Information
The Platform displays information about the R&B Tour Starring Usher Raymond and Chris Brown. This information is provided for informational purposes only.
14.2 External Ticketing
Tickets for tour dates are sold by Ticketmaster, Live Nation, or other ticketing partners, not by EVEN. When you click a tour link, you leave the Platform and visit the ticketing partner's site.
EVEN does not control, endorse, guarantee, or warrant the products, services, terms, or pricing offered by ticketing partners. Your transactions with ticketing partners are governed by the ticketing partner's terms and privacy policy.
14.3 No EVEN Liability for External Sites
EVEN is not liable for any aspect of your interaction with ticketing partners or any other external site, including ticket availability, pricing, delivery, refunds, event cancellations, or disputes.
15. Your Content
15.1 What "Your Content" Means
"Your Content" means anything you post, upload, submit, or otherwise contribute to the Platform, including chat messages, profile information, profile photos, support communications, gift messages, and reports.
15.2 License You Grant Us
By submitting Your Content to the Platform, you grant EVEN, our affiliates, the artist, the label, and our service providers a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, display, distribute, modify, and create derivative works of Your Content for the purposes of operating, improving, and promoting the Platform. This license survives your termination of your account to the extent necessary for our continuing operation of the Platform (for example, chat messages remaining in the chat history per Section 13.7).
15.3 Your Representations About Your Content
You represent and warrant that:
You own or have the necessary rights to Your Content
Your Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party
Your Content does not violate any law or these Terms
15.4 Removal of Your Content
We may remove Your Content at our discretion if we believe it violates these Terms or applicable law, or if required by court order or government request. We are not obligated to monitor Your Content but may do so.
16. Intellectual Property
16.1 Platform IP
The Platform, including its design, code, graphics, text, layout, and other elements (collectively, "Platform IP"), is owned by EVEN, our licensors, the artist, or the label. Platform IP is protected by copyright, trademark, and other intellectual property laws.
16.2 Trademark
"BROWN," "EVEN," and related names, logos, and slogans are trademarks of their respective owners. You may not use these trademarks or intellectual property without prior written permission.
16.3 No Implied License
Nothing in these Terms grants you any right to Platform IP except the limited rights expressly granted in these Terms.
16.4 Copyright Infringement Claims
If you believe content on the Platform infringes your copyright, send a notice to info@even.biz including:
A description of the copyrighted work claimed to have been infringed
A description of the allegedly infringing content and its location on the Platform
Your contact information
A statement that you have a good-faith belief that the use is not authorized
A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
Your physical or electronic signature
We respond to copyright notices in accordance with the Digital Millennium Copyright Act ("DMCA") and equivalent laws.
17. EVEN's Role and Limitations
17.1 What EVEN Provides
EVEN operates the Platform, including the technology that delivers content, processes payments, hosts chat, and supports related features. EVEN is not the recording artist, the record label, the music publisher, or the seller of record for the underlying creative content.
17.2 Scope of EVEN's Responsibility
EVEN is responsible for the operation of the Platform in accordance with these Terms. EVEN is not responsible for:
The artistic content of the release (this is the artist's and label's responsibility)
The accuracy of tour dates, venue information, or ticket availability (these are the responsibility of the tour operators and ticketing partners)
Disputes between you and other users
17.3 Modification of the Platform
We may modify, add, remove, or discontinue features of the Platform. We will not make material changes that reduce the core functionality you paid for during the Release Period of an active purchase, except where required by law or technical necessity.
18. Restrictions on Use
You agree not to:
Use the Platform for any unlawful purpose or in violation of any law applicable to you
Use the Platform to send spam, conduct phishing, distribute malware, or engage in any abusive or fraudulent activity
Attempt to gain unauthorized access to the Platform, other users' accounts, or any related systems or networks
Interfere with the operation of the Platform, including by overwhelming our servers, exploiting vulnerabilities, or circumventing security measures
Use any automated tool (bot, scraper, crawler) to access, copy, or extract content from the Platform, except for general search engine indexing of public pages
Reverse engineer, decompile, or disassemble any portion of the Platform or its technology
Misrepresent your identity, affiliation, or authority
Use the Platform to compete with EVEN or to support the development of a competing service
Sell, transfer, or assign your account, your content licenses, or any rights granted under these Terms
We may take any action we consider appropriate to address violations, including warnings, restrictions, suspension, account closure, refund denial, and legal action.
19. Disclaimers
19.1 Provided "As Is"
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING ALL CONTENT, SERVICES, AND FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE." EVEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
19.2 No Guarantee of Availability
We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or harmful components. We do not warrant that the Platform will meet your requirements or that defects will be corrected.
19.3 No Endorsement of External Content or Services
The Platform may include links to or content from third parties (including ticketing partners, payment processors, and other service providers). We do not endorse and are not responsible for third-party content or services.
19.4 Statutory Carve-Out
Nothing in these disclaimers excludes or limits any warranty, condition, right, or remedy that cannot be excluded or limited under applicable law. The regional addenda describe specific statutory rights that apply in your jurisdiction.
20. Limitation of Liability
20.1 No Indirect or Consequential Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN, OUR AFFILIATES, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE.
20.2 Cap on Direct Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN'S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO EVEN IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100 USD).
20.3 Exceptions
The limits in Sections 20.1 and 20.2 do not apply to:
Liability for death or personal injury caused by EVEN's negligence
Fraud or fraudulent misrepresentation by EVEN
Any other liability that cannot be excluded or limited under applicable law
20.4 Jurisdictional Variation
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limits in this Section apply only to the maximum extent permitted, and certain rights and remedies set out in the regional addenda apply.
21. Indemnification
You agree to defend, indemnify, and hold harmless EVEN, our affiliates, and our officers, directors, employees, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising from or related to:
Your use of the Platform in violation of these Terms or applicable law
Your Content or your conduct in chat or other interactions with users
Your violation of any third party's rights, including intellectual property, privacy, or publicity rights
Your fraudulent or deceptive acts or omissions
We will give you prompt notice of any claim subject to indemnification and reasonable cooperation in the defense, at your expense. You may not settle any claim without our prior written consent if the settlement requires action or admission by us.
22. Termination
22.1 Termination by You
You may terminate your account at any time as described in Section 4.6.
22.2 Termination by EVEN
We may terminate your account or the Platform as described in Section 4.5 or where the Platform is discontinued.
22.3 Effect of Termination
On termination:
Your right to access the Platform and any content licenses ends, except as expressly stated otherwise
We retain the right to keep records of your account and activity for the purposes and durations described in our Privacy Policy
Provisions of these Terms that by their nature survive termination remain in effect, including Sections 8.3, 15.3, 16, 17, 19, 20, 21, 23, 24, and 25
23. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND EVEN TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN COURT, EXCEPT AS DESCRIBED. IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS OF SIGN-UP AS DESCRIBED IN SECTION 23.10.
23.1 Scope
This Section applies to any dispute, claim, or controversy between you and EVEN arising from or related to these Terms, the Platform, your account, or the relationship between you and EVEN, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute"). It applies to Disputes that arose before, during, or after your acceptance of these Terms.
23.2 Informal Resolution Required
Before initiating arbitration or litigation, you and EVEN agree to first attempt informal resolution. The party initiating the Dispute must send a written Notice of Dispute to the other party describing:
The nature and basis of the claim
The specific relief sought
Your name, contact information, and account email (if you are the initiating party)
You send a Notice of Dispute to EVEN by mail to: EVEN Labs Inc., Attn: Legal, 313 N Plankinton Ave., Milwaukee, WI 53203, USA, or by email to info@even.biz.
We send a Notice of Dispute to you at the contact information on file for your account.
The parties agree to negotiate in good faith for 60 days after the Notice is sent. After 60 days, either party may proceed to arbitration. The 60-day period is a mandatory pre-condition to arbitration; arbitrations filed without complying with this requirement will be stayed at the request of the other party until the requirement is satisfied.
23.3 Binding Individual Arbitration
If informal resolution fails, the Dispute will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the arbitration is filed (the "AAA Rules"). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
The arbitrator will be neutral and selected per the AAA Rules. The arbitrator has exclusive authority to resolve issues of arbitrability, scope, enforceability, and interpretation of this Section, except as expressly reserved below.
23.4 Class and Representative Action Waiver
YOU AND EVEN 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, AND MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF.
If a court or arbitrator determines that the class action waiver is unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) will be severed and proceed in court, and the rest of the arbitration agreement remains enforceable.
23.5 Mass Arbitration Procedures
If 25 or more individual arbitration demands of a substantially similar nature are filed against EVEN within a 60-day period (a "Mass Filing"), the following procedures apply:
Bellwether Process. The parties' counsel will meet and confer to select up to 10 bellwether cases (5 selected by each side) to proceed first. Other Mass Filing arbitrations will be stayed pending resolution of the bellwethers.
Mediation After Bellwethers. After the 10 bellwethers reach final award or are settled, the parties will participate in good-faith mediation of the remaining Mass Filing arbitrations.
Phased Filing Fees. Notwithstanding the AAA's standard fee schedule, EVEN's obligation to pay AAA filing or administrative fees for Mass Filing arbitrations is contingent on the filing party providing a sworn declaration that the claim is filed in good faith, that the claimant intends to participate, and that the claim is not duplicative of another claim filed by the same person.
Tolling. Any applicable statute of limitations is tolled for stayed Mass Filing claims during the bellwether and mediation process.
These procedures do not waive any party's right to challenge the validity of any individual claim. They are intended to ensure efficient and good-faith resolution of mass disputes.
23.6 Arbitration Process
Arbitration will be conducted in English. Hearings, if any, will be held in New York, New York, or by telephone or videoconference at the arbitrator's discretion or by mutual agreement.
The arbitrator may award any remedy that a court could award, subject to the limits in these Terms (including Section 20). The arbitrator's award is final and binding, and may be entered as a judgment in any court of competent jurisdiction.
The arbitration will be confidential, except as necessary to enforce the award or as required by law.
23.7 Arbitration Fees
For Disputes initiated by a consumer where the amount in controversy is less than $10,000, EVEN will pay all AAA filing and administrative fees, except where the arbitrator determines the claim was frivolous. For Disputes above $10,000 or initiated by EVEN, fees are allocated per the AAA Rules.
You and EVEN are otherwise responsible for your own attorneys' fees, except as awarded by the arbitrator under applicable law.
23.8 Small Claims Carve-Out
Either party may pursue an individual claim in small claims court instead of arbitration if the claim qualifies for small claims jurisdiction in the appropriate venue.
23.9 Injunctive Relief Carve-Out
Either party may bring an action in court solely to seek temporary or preliminary injunctive relief related to intellectual property infringement, breach of confidentiality, or unauthorized access to or use of the Platform, pending resolution of the Dispute through arbitration.
23.10 30-Day Opt-Out
You can opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms. Send the opt-out notice by email to info@even.biz with the subject line "Arbitration Opt-Out" or by mail to EVEN Labs Inc., Attn: Legal, 313 N Plankinton Ave., Milwaukee, WI 53203, USA. The notice must include your full name, the email or phone number associated with your account, and a clear statement that you opt out of arbitration.
If you opt out, Disputes will be resolved in court as described in Section 24.
23.11 Severability
If any part of this Section 23 is held unenforceable, the unenforceable part will be severed and the rest of this Section 23 will remain in effect, except that if the class action waiver in Section 23.4 is held unenforceable as to a particular claim, that claim will proceed in court and not in arbitration.
23.12 Survival
This Section 23 survives termination of these Terms and your account.
24. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except as the regional addenda provide otherwise. The Federal Arbitration Act governs the interpretation and enforcement of Section 23.
If a Dispute is not subject to arbitration (for example, because you opted out under Section 23.10 or the dispute qualifies for the small claims carve-out), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, USA, except where the regional addenda or applicable consumer protection law require otherwise.
25. General Provisions
25.1 Entire Agreement
These Terms, together with our Privacy Policy and any documents incorporated by reference, are the entire agreement between you and EVEN regarding the Platform. They supersede any prior agreements or understandings.
25.2 No Waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision.
25.3 Severability
If any provision of these Terms is held invalid or unenforceable, the rest of these Terms remain in effect, and the invalid provision is modified to the minimum extent necessary to make it valid and enforceable.
25.4 Assignment
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or part of our business, or otherwise at our discretion.
25.5 Modifications to These Terms
We may modify these Terms from time to time. The "Last Updated" date at the top reflects the most recent version. For material changes affecting your rights or obligations, we will provide notice in advance through the Platform, by email, or by other reasonable means.
Your continued use of the Platform after changes take effect constitutes acceptance of the modified Terms. If you do not accept the modified Terms, you must close your account before they take effect.
25.6 No Third-Party Beneficiaries
These Terms are for the benefit of you and EVEN. No third party (other than our affiliates, subcontractors, and partners as expressly stated) has rights under these Terms.
25.7 Force Majeure
Neither party is liable for delay or failure to perform caused by events outside its reasonable control, including acts of God, war, terrorism, civil disturbance, pandemic, government action, internet or utility failure, labor dispute, or natural disaster.
25.8 Independent Contractors
You and EVEN are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
25.9 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
26. Contact and Notices
For questions, complaints, or to send formal notices:
Email: info@even.biz (legal notices), support@even.biz (general support), info@even.biz (privacy matters) Mail: EVEN Labs Inc., Attn: Legal, 313 N Plankinton Ave., Milwaukee, WI 53203, USA
We will send notices to you at the email or phone number associated with your account, by in-Platform notification, or by other reasonable means.
REGIONAL ADDENDA
The regional addenda below apply in addition to the main Terms. Where a regional addendum conflicts with the main Terms, the regional addendum controls for users in that jurisdiction. If you are unsure which addendum applies to you, contact us at info@even.biz.
ADDENDUM A: UNITED STATES
This Addendum applies to residents of the United States.
A.1 California Civil Code Section 1789.3
California consumers may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
A.2 State Consumer Protection Laws
Nothing in these Terms limits or excludes any right or remedy you may have under the consumer protection laws of your state of residence that cannot be waived by contract.
A.3 State-Specific Refund Rights
Some states require sellers to provide specific refund or cancellation rights for certain transactions. If your state's law provides a refund or cancellation right that exceeds Section 10 of these Terms, that right applies to you.
A.4 Federal and State Arbitration Carve-Outs
Notwithstanding Section 23, certain federal and state laws prohibit pre-dispute arbitration agreements for specific claims (for example, claims of sexual assault or sexual harassment under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021). To the extent any such law applies to a claim, that claim is exempt from Section 23 at your election.
ADDENDUM B: CANADA
This Addendum applies to residents of Canada.
B.1 Language
For Quebec residents: The parties have requested that these Terms and all documents related thereto be drawn up in English. Les parties ont demandé que ces Conditions et tous les documents qui s'y rapportent soient rédigés en anglais.
B.2 Consumer Protection
Nothing in these Terms limits or excludes any right or remedy under Canadian federal or provincial consumer protection law that cannot be waived by contract, including under the Quebec Consumer Protection Act.
B.3 Quebec-Specific Provisions
For Quebec residents:
The arbitration provisions in Section 23 apply only to the extent permitted by the Civil Code of Quebec and the Code of Civil Procedure of Quebec. Quebec consumers retain the right to bring claims in Quebec courts where required by law.
The class action waiver in Section 23.4 may not be enforceable for certain consumer claims under Quebec law.
The governing law in Section 24 does not displace mandatory provisions of Quebec law applicable to your contract.
B.4 PIPEDA and Privacy
Privacy matters are governed by our Privacy Policy and applicable Canadian privacy law, including PIPEDA and Quebec's Law 25.
ADDENDUM C: UNITED KINGDOM, EUROPEAN ECONOMIC AREA, AND SWITZERLAND
This Addendum applies to consumers in the United Kingdom, European Economic Area, and Switzerland. For these purposes, "consumer" means a natural person acting outside their trade, business, craft, or profession.
C.1 Statutory Consumer Rights
Nothing in these Terms limits or excludes your statutory rights as a consumer that cannot be waived by contract. Where any provision of these Terms conflicts with a non-waivable statutory right, the statutory right prevails.
C.2 Right to Cancel Digital Content (Cooling-Off Period)
C.2.1 General Right
Under UK and EU consumer protection law, you generally have a 14-day right to cancel a contract for digital content from the date the contract is concluded.
C.2.2 Express Waiver Required for Immediate Access
You lose the right to cancel a digital content purchase if (a) you expressly request that performance begin during the 14-day cooling-off period, and (b) you acknowledge that you lose the right to cancel once performance has begun.
If you are a UK or EU consumer purchasing the BROWN digital release, before we provide access we will ask you to:
Expressly consent to the immediate provision of the digital content
Acknowledge that this consent waives your 14-day right to cancel
If you do not provide both consents, you retain the 14-day right and cancellation is processed by emailing support@even.biz within 14 days of purchase.
C.2.3 Pre-Orders
For pre-orders, the 14-day period begins on the date the contract is concluded (the date of pre-order). The express-waiver flow above applies on or before the release date when access is provided.
C.3 Right of Withdrawal Form
You may use the model withdrawal form below to exercise your cancellation right (use is optional):
To: EVEN Labs Inc., 313 N Plankinton Ave., Milwaukee, WI 53203, USA — Email: support@even.biz
I/We [] hereby give notice that I/We [] withdraw from my/our [] contract for the supply of the following digital content []:
Ordered on []:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[] Delete as applicable.
C.4 Faulty or Misdescribed Content
If digital content is faulty or does not match the description provided at the time of purchase, you have a right to repair, replacement, price reduction, or refund under applicable consumer protection law. Email support@even.biz to request resolution.
C.5 Limitation of Liability
Nothing in Section 20 limits or excludes liability for:
Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Breach of statutory consumer rights that cannot be excluded by contract under UK, EU, or Swiss law
Any other liability that cannot be excluded under applicable law
C.6 Dispute Resolution
For consumers in the UK, EEA, or Switzerland:
The arbitration provisions in Section 23 do not prevent you from bringing claims in the courts of your country of residence as required by applicable law
The class action waiver in Section 23.4 does not apply where it conflicts with mandatory provisions of consumer protection law in your country
The governing law in Section 24 does not displace mandatory provisions of consumer protection law in your country
EU consumers may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.
UK consumers may contact Citizens Advice for guidance on consumer rights.
C.7 Information Required by EU/UK Distance Selling Rules
The information required to be provided under EU and UK distance selling rules is set out in these Terms, the Privacy Policy, the order confirmation email, and the Platform pages displaying products and prices. If anything is unclear, contact support@even.biz.
ADDENDUM D: BRAZIL
This Addendum applies to residents of Brazil.
D.1 Brazilian Consumer Defense Code
Nothing in these Terms limits or excludes any right or remedy under the Brazilian Consumer Defense Code (Law No. 8,078/1990, "CDC") that cannot be waived by contract. Where any provision of these Terms conflicts with a non-waivable provision of the CDC, the CDC prevails.
D.2 Right of Repentance
Under Article 49 of the CDC, you have a 7-day right of repentance for purchases made outside the seller's commercial establishment, including online purchases. If you exercise this right within 7 days of purchase or delivery (whichever is later), we will refund the amount paid, including any shipping costs.
This right does not apply once you have begun consumption of digital content with your express consent.
D.3 Dispute Resolution
For Brazilian consumers:
The arbitration provisions in Section 23 do not prevent you from bringing claims in the consumer's domicile as required by Article 101 of the CDC
The governing law in Section 24 does not displace the application of Brazilian consumer protection law
You may file complaints with the Brazilian consumer protection authority (PROCON) in your state.
D.4 Language
These Terms are made available in English. You confirm that you understand English at a level sufficient to enter into these Terms. A translated summary may be provided on request.
ADDENDUM E: AUSTRALIA
This Addendum applies to residents of Australia.
E.1 Australian Consumer Law
Our goods and services come with consumer guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) ("ACL") that cannot be excluded. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes, restricts, or modifies any right or remedy under the ACL that cannot be excluded.
E.2 Limitation of Liability Where Permitted
Where these Terms attempt to limit liability for breach of a non-excludable consumer guarantee, EVEN's liability for that breach is limited, at our option, to:
For services: re-supplying the services or paying the cost of having them re-supplied
For goods: replacement of the goods or supply of equivalent goods, repair of the goods, or payment of the cost of replacement, equivalent supply, or repair
This limit does not apply where the consumer guarantee is for goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption.
E.3 Dispute Resolution
For Australian consumers:
The arbitration provisions in Section 23 do not prevent you from bringing claims in Australian courts as required by Australian law
The class action waiver in Section 23.4 does not apply where it conflicts with mandatory provisions of Australian consumer protection law
You may file complaints with the Australian Competition and Consumer Commission (ACCC) at https://www.accc.gov.au/ or with the relevant state or territory consumer protection agency.
E.4 Privacy
Privacy matters are governed by our Privacy Policy and the Privacy Act 1988 (Cth), as described in the Privacy Policy regional addendum for Australia.
ADDENDUM F: PHILIPPINES
This Addendum applies to residents of the Philippines.
F.1 Consumer Act
Nothing in these Terms limits or excludes any right or remedy under the Consumer Act of the Philippines (Republic Act No. 7394) that cannot be waived by contract.
F.2 Data Privacy Act
Privacy matters are governed by our Privacy Policy and the Data Privacy Act of 2012 (Republic Act No. 10173), as described in the Privacy Policy regional addendum for the Philippines.
F.3 Dispute Resolution
For Philippine consumers:
The arbitration provisions in Section 23 do not prevent you from bringing claims in Philippine courts where required by Philippine law
The governing law in Section 24 does not displace mandatory provisions of Philippine consumer protection law
You may file complaints with the Department of Trade and Industry (DTI) at https://www.dti.gov.ph/ or with the National Privacy Commission for privacy-related matters.
ADDENDUM G: SOUTH AFRICA
This Addendum applies to residents of South Africa.
G.1 Consumer Protection Act
Nothing in these Terms limits or excludes any right or remedy under the Consumer Protection Act 68 of 2008 ("CPA") that cannot be waived by contract. Where any provision of these Terms conflicts with a non-waivable provision of the CPA, the CPA prevails.
G.2 Right to Cooling-Off
Under Section 16 of the CPA, you have a 5-business-day cooling-off period to cancel transactions concluded as a result of direct marketing. To exercise this right, email support@even.biz within 5 business days of the transaction.
G.3 ECTA Right to Cancel
Under Section 44 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), you have a 7-day right to cancel certain electronic transactions without reason or penalty. This right does not apply to transactions for the supply of audio or video recordings, computer software, or other digital content where you have expressly agreed to the supply during the cooling-off period and acknowledged that you lose the right to cancel.
G.4 POPIA
Privacy matters are governed by our Privacy Policy and the Protection of Personal Information Act 4 of 2013, as described in the Privacy Policy regional addendum for South Africa.
G.5 Dispute Resolution
For South African consumers:
The arbitration provisions in Section 23 do not prevent you from bringing claims in South African courts where required by South African law
The class action waiver in Section 23.4 does not apply where it conflicts with mandatory provisions of South African consumer protection law
You may file complaints with the National Consumer Commission at https://www.thencc.gov.za/ or with the Information Regulator for privacy-related matters.
END OF TERMS OF SERVICE
Previous versions are available on request by emailing info@even.biz.