Legal terms and conditions for using EVolve Battery Systems products and services.
Company: EVolve Battery Systems, LLC (“EVolve,” “we,” “us,” or “our”)
Website: https://evolvebattery.us (the “Site”) and any pages, forms, or portals that link to these Terms.
By accessing or using the Site, creating an account, requesting a quote, placing an order, or otherwise interacting with EVolve products or services (collectively, the “Services”), you agree to these Terms of Service (“Terms”). If you are using the Services on behalf of a business or other entity, you represent that you have authority to bind that entity; “you” and “your” refer to that entity.
If you do not agree, do not use the Services.
The Services are intended for professional and business use. You must be at least the age of majority where you reside and able to form a binding contract. We may require additional verification (e.g., export screening) based on your order or location.
You are responsible for the confidentiality of your credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized use. We may suspend or terminate accounts for breach of these Terms, suspected fraud, or security risk.
Non-binding unless expressly stated as firm. Lead times are estimates.
Prices may change without notice before order acceptance. Obvious errors are not binding.
Orders are accepted when we issue an order confirmation or begin fulfillment.
You are responsible for applicable sales/use taxes, VAT/GST, duties, fees, and import/export charges unless we expressly collect them.
Prepay unless otherwise agreed in writing. Late balances may incur interest, collection costs, and suspension of further shipments or support.
Any offered net terms are subject to credit review and may be changed or withdrawn.
Unless otherwise agreed in the order, shipments are FOB Origin (Incoterms: EXW or FCA, as applicable).
Title and risk of loss transfer at carrier pickup.
Lithium products may require specific packaging, State-of-Charge limits, documentation (e.g., UN38.3), and hazardous declarations. You must follow all applicable laws and carrier rules.
Inspect on receipt. Report shortages or visible damage to the carrier and to [email protected] within 5 business days.
Do not return any product without an RMA number. Contact [email protected] for instructions.
Returned items must be unused, in original condition, with all accessories and documentation. Lithium products must meet safe shipping conditions.
A restocking fee and actual shipping/inspection costs may apply.
Non-cancelable and non-returnable (NC/NR) unless we agree in writing.
Notify within the DOA window stated in your order/packing slip. We may repair or replace at our option after evaluation.
We may provide datasheets, manuals, drawings, calculators/configurators, and informal technical guidance. All such information is provided “AS IS” and for general informational purposes only. You are solely responsible for design decisions, safety analyses, regulatory compliance, validation/verification testing, and fitness for your application. Field tests and suggested diagnostics are at your own risk.
Unless we expressly agree in a signed writing, our products are not designed, intended, or warranted for use in life support, implanted medical devices, nuclear facilities, air traffic control, or other safety-critical applications where failure could result in death, personal injury, or severe environmental damage.
Any certifications, qualifications, or standards (e.g., UN38.3, ingress ratings, BMS safety features) apply only if expressly stated in the order and provided in the accompanying documentation for the exact configuration purchased.
Rule compliance, scrutineering, segmentation, fusing, and safety documentation are the team’s responsibility. Our modules/packs are often sold as engineering prototypes requiring integration work; they are not certified for any competition unless we state otherwise in your order.
You must ensure your system meets all applicable codes, standards, and legal requirements.
You agree to comply with U.S. and applicable foreign export control and sanctions laws (including the EAR and related regulations). You represent that you are not on any restricted party list and will not use, export, re-export, or transfer products for prohibited end uses (e.g., weapons, military end-use/end-users where restricted). We may refuse or cancel orders to comply with law.
Unless a different written warranty is included with your order, EVolve warrants its manufactured products to be free from defects in materials and workmanship under normal, intended use for 12 months from shipment date. Remedies are limited, at EVolve’s option, to repair, replacement, or refund of the purchase price upon RMA evaluation.
Third-party items (e.g., cells, BMS, connectors) are covered only by their manufacturer’s warranties, if any. We pass through those warranties to the extent permitted.
Warranty does not cover: misuse, improper installation/integration, operation outside specified ratings (temperature, current, voltage), modifications, repairs by others, normal wear, cosmetic issues, accidents, abuse, contamination, improper storage or shipping, or failure to follow documentation.
All warranty claims require RMA and our evaluation. If no defect is found, we may charge inspection/return shipping.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVOLVE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. EVOLVE’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR PRODUCTS WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SPECIFIC PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT.
Some jurisdictions do not allow certain limitations; in that case, the limitation applies to the fullest extent permitted.
You will defend, indemnify, and hold harmless EVolve and its directors, officers, employees, and agents from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your use, integration, or resale of our products/services; (b) your system design or application; (c) your breach of these Terms or applicable law; or (d) negligence or willful misconduct by you or your users.
The Site, documentation, drawings, software, CAD, firmware, specifications, text, graphics, logos, and other content are owned by EVolve or its licensors and protected by IP laws. No license is granted except as expressly set out in these Terms or a separate written agreement.
If you provide ideas or suggestions, you grant EVolve a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use them without restriction.
You are responsible for any content you upload or submit (e.g., drawings/specs). You represent you have necessary rights and that your content: (i) is accurate and lawful; (ii) does not infringe IP or privacy rights; (iii) does not contain malware or hazardous instructions; and (iv) complies with export, safety, and competition rules.
You will not: (a) copy, modify, or reverse engineer the Site; (b) interfere with security or access controls; (c) scrape or harvest data without permission; (d) use the Services for unlawful purposes.
If we exchange confidential information, each party will protect the other’s confidential information with reasonable care and use it only for the permitted purpose. If a separate NDA exists, that NDA controls.
Our use of personal information is described in our Privacy Policy available on the Site. By using the Services, you agree to that policy. For privacy inquiries, contact [email protected].
The Services may integrate with third-party platforms (e.g., payment processors, analytics). Those services are governed by their own terms and privacy policies. We are not responsible for third-party services.
From time to time, we may offer beta, prototype, engineering sample, or evaluation features/products. They are provided “AS IS,” may change or be withdrawn, and may not be suitable for production use. You assume all risks in using them.
We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, shortages, epidemics, war, sanctions, carrier failures, power outages, or governmental actions.
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws rules. Venue and jurisdiction for any permitted court action lie exclusively in state or federal courts located in Colorado. You consent to personal jurisdiction there.
We may modify the Services or these Terms at any time. When we make material changes, we will update the Effective Date and, where legally required, provide notice. Continued use of the Services after changes constitutes acceptance of the updated Terms.
We may suspend or terminate access to the Services (in whole or part) for actual or suspected violations of these Terms, security risks, non-payment, or to comply with law. Sections that by their nature should survive (e.g., IP, confidentiality, warranty disclaimers, limitations of liability, indemnities, governing law) will survive termination.
Legal notices and questions should be sent to:
EVolve Battery Systems, LLC
6880 Winchester Circle Unit F
Boulder, CO 80301
Phone: (720) 414-5502
Email: [email protected]
Notices are effective when received.
These Terms, together with any order, quote, or statement of work we accept, and any separate signed agreement (e.g., NDA, supply agreement), form the entire agreement regarding the Services and supersede prior or contemporaneous communications. If there is a conflict, a mutually signed agreement or signed order terms will control over these Terms.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
If any provision is found unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder stays in effect. Failure to enforce a provision is not a waiver.
Headings are for convenience only and do not affect interpretation.
Lithium-ion batteries and high-energy systems pose inherent risks, including fire, venting, thermal runaway, electric shock, and chemical exposure. Only qualified professionals should integrate, commission, service, or operate these systems. Always follow applicable codes, standards, and safety practices; use appropriate PPE; and conduct hazard analysis, verification, and validation before deployment. Failure to do so can result in serious injury, death, or property damage.