Terms of Service

Evergreen Exchange Enterprises, LLC provides hosted software for configuring public Batch Product Portals, producing QR destinations, organizing Product information, measuring Portal activity, and reviewing operational and historical Analytics.

Evergreen provides software and information infrastructure. It does not manufacture, test, approve, certify, endorse, or guarantee any cannabis or other regulated Product, and it does not provide legal, medical, laboratory, or regulatory advice.

The customer must provide accurate account information, keep access credentials secure, and ensure that only authorized team members use its workspace. The Account Admin is responsible for invitations, roles, and actions performed through authorized accounts.

The customer must promptly notify Evergreen of suspected unauthorized access. Accounts and access rights may not be sold, shared outside the customer's organization, or used to evade plan or security limits.

The customer is responsible for:

• the accuracy, completeness, and legality of its Brand, Product, Batch, COA, lab, terpene, media, destination-link, and marketing content;
• holding all rights and permissions required to upload, publish, and link that content;
• ensuring its Products, claims, labeling, advertising, and sales comply with every applicable law, license, and industry rule;
• reviewing each public Portal and QR destination before labels or packaging are distributed; and
• correcting or withdrawing inaccurate content without representing Evergreen as a regulator, laboratory, or product-safety authority.

A public Portal displays customer-supplied information and recorded activity. A working QR destination does not prove authenticity, regulatory approval, safety, efficacy, potency, or legal sale.

Plan features, user allowances, pricing, billing periods, and any special commitments are shown in the applicable Order Form, pricing page, invoice, or written agreement. Customers must pay undisputed charges when due. Evergreen may suspend paid access for material non-payment after reasonable notice.

Signal, Growth, and future plans may provide different features. Changing plans can change access to features without rewriting or fabricating previously recorded results.

Published QR destinations may appear on physical Products. Evergreen therefore preserves published Scan Tokens and uses lifecycle states rather than silently reassigning them. A Voided Batch displays a neutral withdrawal notice. Portal availability after account termination is not guaranteed except where a written agreement says otherwise.

The customer must not use Evergreen QR codes or Portals to mislead consumers, conceal recalls, redirect users to unlawful sales, or associate one Batch's code with a different Product without an approved correction.

Analytics are estimates and operational measurements derived from recorded Scan and Portal activity. Results can be incomplete because of blocked requests, browser limitations, network failures, preview traffic, missing identifiers, or customer configuration.

Evergreen's standard retention period for individual raw Scan and Portal events is 18 calendar months from the time each event is created. Editing lifecycle dates, completing or reopening a Batch, or changing plans does not restart that period. After 18 months, raw events may be deleted and customers should not rely on their continued event-level availability.

Automated deletion is not yet active, so some raw events may temporarily remain longer during the implementation transition. Temporary extended storage does not change the 18-month standard or guarantee later access. Before the first automated deletion, Evergreen will provide at least 30 days' notice and a reasonable opportunity to export eligible raw history. Available direct CSV downloads are currently limited to 50,000 rows per response and disclose when truncated.

Evergreen may retain verified summaries, compact measurement facts, completed lifecycle Analytics, lifecycle history, customer configuration, and published Scan Token identity after underlying raw events are removed. Legal, security, incident, contractual, support, or export obligations may require longer retention of affected data.

The customer retains ownership of its content. It grants Evergreen a non-exclusive license to host, process, reproduce, transform, and publicly display that content only as needed to provide, secure, support, and improve the service. Evergreen retains ownership of its software, designs, documentation, scoring models, and trademarks.

Evergreen may use aggregated or de-identified service information for security, capacity planning, benchmarking, and product improvement when it does not identify a customer or individual.

Evergreen handles personal information as described in the Privacy Policy. Each party must protect the other party's non-public business information using reasonable care and use it only for the service relationship, except where disclosure is legally required.

The Acceptable Use Policy is incorporated into these Terms. Evergreen may investigate suspected abuse and may restrict access, disable content, withdraw a Batch Portal, or terminate service when reasonably necessary to address illegality, fraud, security risk, consumer harm, non-payment, or a material breach.

The service may depend on hosting, database, authentication, payment, email, media, or destination providers. Third-party links and services are governed by their own terms. Evergreen is not responsible for a customer's storefront, laboratory, media host, or other external destination.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED AVAILABILITY, OR ERROR-FREE OPERATION.

To the maximum extent permitted by law, Evergreen will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity. Evergreen's total liability arising from the service will not exceed the fees paid by the customer during the 12 months preceding the event giving rise to the claim.

These limits do not apply where they are prohibited by law or to liability that cannot legally be limited.

The customer will defend and indemnify Evergreen against third-party claims arising from customer content, Products, regulatory violations, infringement, unlawful sales or marketing, or misuse of the service, except to the extent caused by Evergreen's own unlawful conduct.

Either party may terminate under an applicable Order Form or written agreement. Evergreen may terminate for an uncured material breach. Account-cancellation deletion is not currently automated; until a final billing and deletion contract is adopted, cancellation or suspension is not treated as permission to erase an organization. Customers should request exports before ending service and contact Evergreen regarding recovery or deletion needs.

These Terms are governed by South Carolina law, without regard to conflict-of-law rules. Before filing a non-emergency claim, the parties will attempt in good faith to resolve the dispute for 30 days after written notice. Unresolved disputes will be brought in the state or federal courts located in Charleston, South Carolina.

Evergreen may update these Terms to reflect service, legal, or operational changes. Material changes will receive reasonable advance notice by email, in-product notice, or a prominent website notice. If one provision is unenforceable, the remaining provisions continue. Failure to enforce a provision is not a waiver. Neither party creates a partnership, agency, employment, or joint venture by using the service.