Terms of Service

Welcome to Evana. These Terms of Service ("Terms") govern your use of the Evana website, platform, and services (collectively, the "Services") operated by Evana Technologies, Inc. ("Evana," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use our Services.

We may modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the modified Terms.

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

By using our Services, you represent and warrant that:

• You are at least 18 years of age;
• You have the legal authority to bind the business entity you represent to these Terms;
• Your use of the Services does not violate any applicable law or regulation; and
• You will only use the Services for legitimate business purposes related to duty drawback claims.

Evana provides technology-enabled services to help businesses identify, prepare, submit, and manage duty drawback claims with U.S. Customs and Border Protection (CBP).

Our Services may include:

• Eligibility assessment for duty drawback claims;
• Document collection and management;
• Preparation and submission of duty drawback claims;
• Communication with CBP officials regarding submitted claims;
• Tracking and monitoring of claim status; and
• Disbursement of approved refunds.

We do not guarantee approval of any claim by CBP or any specific refund amount. The success of duty drawback claims depends on various factors, including but not limited to the accuracy and completeness of the information and documentation you provide, your eligibility under applicable laws and regulations, and CBP's discretion.

Evana operates on a success-based fee model. We only collect a fee when you receive your refund, typically a percentage of the recovered amount. This percentage varies based on the complexity of your supply chain, volume of transactions, and total refund potential.

The specific fee structure applicable to your business will be provided in a separate agreement. By using our Services, you agree to pay all fees as specified in such agreement.

All fees are exclusive of any applicable taxes, which you may be required to pay. You are responsible for providing accurate billing information and for maintaining updated payment methods.

By using our Services, you represent and warrant that:

• All information and documentation you provide is accurate, complete, and not misleading;
• You have all necessary rights and authorizations to share the information and documentation with us;
• You will cooperate with us and respond promptly to our requests for additional information or documentation;
• You will comply with all applicable laws, regulations, and CBP requirements; and
• You will not use our Services for any illegal or unauthorized purpose.

You acknowledge that submitting false, fraudulent, or misleading information to CBP may result in civil or criminal penalties. Evana is not responsible for any penalties or legal consequences resulting from the information or documentation you provide.

To the maximum extent permitted by law, Evana and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services;
• Any conduct or content of any third party on the Services;
• Any content obtained from the Services;
• Unauthorized access, use, or alteration of your transmissions or content;
• Denial of any duty drawback claim by CBP; or
• Any delay in receiving refunds from CBP.

In no event shall Evana's total liability to you for all claims exceed the amount of fees paid by you to Evana during the twelve (12) months preceding the event giving rise to the liability.