# Terms of Use for Consumers — Evo Assistant

This is a courtesy translation. The only binding version is the Italian one: in case of discrepancy, the Italian version prevails (Article 1.6).

**Version 1.0, published on 20 October 2026, effective from 20 October 2026.**

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**Publication:** https://evolus.ai/en/consumer-terms. You can save and print this document; every version that has been in force remains available at the same address.

## At a glance

*This box helps you find your way around; what counts is the text of the articles.*

| Topic | What you need to know | Where |
|---|---|---|
| Who provides the service | CodeDesign S.r.l. The subscription is sold by Apple or Google, who handle payment, cancellation, withdrawal and refunds. | Art. 1 |
| What it is | A personal assistant based on artificial intelligence: it can make mistakes, and you always decide. | Art. 2 |
| Price | Monthly €24.99 per month or annual €249.99 per year, VAT included. | Art. 5 |
| Renewal | It renews automatically until you cancel it in the Store settings. | Art. 5, 7 |
| Free trial | 14 days free, then it becomes a paid subscription unless you cancel before. | Art. 6 |
| Withdrawal | You can withdraw within 14 days, without giving a reason, using the withdrawal function of the Store (Apple or Google), which refunds you. | Art. 8 |
| Guarantee | The service must work as described for the whole duration of the subscription. | Art. 9 |
| Credits | A monthly allowance of AI usage, which does not accumulate; top-ups last 12 months. | Art. 14 |
| Your data | The data controller is CodeDesign: read the privacy notice. | Art. 16 |
| Complaints | Write to us; you can also use an ADR body or the court of your place of residence. | Art. 19, 20 |

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## 1. Who we are, who these terms are for, relationship with the Stores

**1.1 Who provides the service.** Evo Assistant is provided by **CodeDesign S.r.l.**, with registered office at Via Nino Pesce 38, 18018 Taggia (IM), VAT No. IT01739830089, registered with the Companies Register of Imperia under REA no. IM-226783, tax code 01739830089, share capital €10,000 fully paid-up, single-member company ("CodeDesign", "we", "us").
You can contact us at: customer support care@evolus.ai; certified email (PEC) codedesign@legalmail.it; telephone +39 0184 716 626; address for complaints: the registered office (Via Nino Pesce 38, 18018 Taggia (IM)). For data protection: privacy@codedesign.it.


**1.2 Who is a "consumer".** These terms apply to you if you are a natural person and you use Evo Assistant for purposes outside your entrepreneurial, commercial, craft or professional activity (consumer, Article 3 of the Consumer Code). When you create your space you choose "I'm a private individual" and confirm that this is the case.

**1.3 If you are not a consumer.** If you use Evo Assistant for your professional or business activity, or if you have a VAT number and use it for work, you cannot accept these terms: you must choose "I have a VAT number" and the General Terms of Use for businesses apply. If your use changes after the purchase, let us know.


**1.4 The role of Apple and Google.** The subscription can only be purchased from the app, through the payment system of the Store.
- On iPhone you conclude the purchase with **Apple Distribution International Ltd.**, which sells as the merchant of record under the Apple Media Services Terms.
- On Android you conclude it with **Google Commerce Limited**, under the Google Play Terms of Service.

The Store charges the price, sends you the receipt and handles cancellation, withdrawal and refund of the purchase (Articles 7 and 8). The Evo Assistant **service** is provided to you by CodeDesign and is governed by these terms: features, credits, guarantee of conformity, data, support. CodeDesign does not receive your card details or the credentials of your Apple or Google account. The rights that the law gives you remain unaffected with respect to whoever is bound by them.

**1.5 What forms part of the contract.** The contract consists of: (a) these terms; (b) the summary of the essential information that you see on the plan screen before purchasing; (c) on iPhone, Apple's standard Licensed Application End User License Agreement (EULA), as regards the licence of the app. The privacy notice is an information document and not a contract. In case of conflict or doubt between the documents, the provision more favourable to you prevails.

**1.6 Where and in which language.** At present Evo Assistant is sold to users of the Italian Store. The terms are drafted in Italian, which is the binding version. If a translation is available, it serves only to help you understand; in case of doubt the Italian version and the interpretation more favourable to you prevail.


## 2. The service

**2.1 What it is.** Evo Assistant is a personal assistant for iPhone and Android based on artificial intelligence ("AI"). Depending on the available features and the permissions you grant, it allows you to: organise your day (the "day briefing"); chat with the assistant and keep memories and standing instructions; record, transcribe and summarise meetings; use the calendar, contacts and reminders of your phone; use email; use photos and documents; use voice; use connected services; have web pages read out and run searches on the web. The detail of the features is in the Store listing.

**2.2 You are talking to an AI.** You are interacting with an artificial intelligence system, not with a person. The answers and texts it generates are produced by AI models: they may be inaccurate, incomplete or out of date. Before relying on important information (for example medical, legal, tax or financial), check it and, if necessary, consult a professional. Actions that have an effect outside the app, such as sending a message or creating, changing or deleting an event or a contact, take place only after your confirmation.

**2.3 Where your data is.** Most of the content you create with the app (conversations, memories, transcriptions, meetings, attachments) is stored **on your phone** and is **not** synchronised with our servers; CodeDesign does not make backup copies of it. If you uninstall the app, change or lose your phone, or delete your account, this data may be lost, except for the operating system backups that you have enabled. When you make a request, the content needed for the answer passes temporarily through our servers, as explained in the privacy notice.

**2.4 Technical requirements.** To use the service you need: an iPhone with iOS 17 or later (not an iPad) or an Android phone with Android 7.0 or later (some features may require more recent versions); an Internet connection; a valid Apple or Google account for purchases; the permissions that you choose to grant to the app for individual features (microphone, calendar, contacts, notifications…). Some features use third-party services that you connect yourself (for example your mailbox): they depend on how those services work and on their terms.

**2.5 Compatibility and operation.** The features of the app are designed to work with the following email and calendar services. Email works with IMAP/SMTP mailboxes (Gmail, iCloud and Yahoo with an app password; Libero, Aruba, PEC mailboxes and any other IMAP/SMTP provider); Microsoft 365 and Google Workspace connect through the connected services indicated in the app; personal Outlook.com, Hotmail and Live accounts cannot currently be connected as a mailbox. The calendar is the one on your phone and the calendars synchronised with it. The technical measures that protect the service (for example against improper use of AI) are part of how it works and cannot be disabled.

**2.6 AI models and technology providers.** To generate the answers we rely on AI models and third-party services (for example for transcription and speech synthesis). We do not use the content you send to train AI models, and requests to the models are served only by providers that do not retain the content they receive. The list of recipients and the details are in the privacy notice.

**2.7 What is not included.** These terms concern Evo Assistant for personal use. They do not concern the features reserved for organisations (digital employees, agents, automations, seats or additional users, APIs, business plans), which have separate terms.


## 3. Account, age and requirements

**3.1 Account.** To use the service you create an Evolus account with a verified email address and a space of your own. Provide truthful data and keep it up to date.

**3.2 Age.** You must be at least 18 years old. By purchasing, you declare that you are.

**3.3 Credentials.** The account is personal and cannot be transferred or shared. Keep your credentials and your phone safe; if you think someone has access to your account, tell us immediately. You are responsible for the use that others make of the account if you have not taken reasonable precautions.

**3.4 Consumer declaration.** By choosing "I'm a private individual" you declare that you are acting as a consumer (Article 1.2). If professional use becomes predominant, you must switch to a business account.

**3.5 One person only.** The subscription is for one person only: other users cannot be invited into your space. Everyone has their own account and their own subscription.


## 4. How the contract is concluded online

**4.1 The steps, one by one.** (1) You download the app and create the account. (2) You create your space and choose "I'm a private individual". (3) On the plan screen you choose Monthly or Annual and read the summary: services, price per period, free trial, renewal, duration, withdrawal. (4) You tick the box by which you accept these terms (it is not pre-ticked) and read the link to the privacy notice. (5) You tap the button "Buy the subscription". (6) You confirm in the payment sheet of the Apple App Store or Google Play. (7) You receive the receipt from the Store and a confirmation email from us.

**4.2 When the contract is concluded.** The contract is concluded when you confirm the purchase in the Store sheet and we record the purchase and activate the service. We send you without delay, to the email address of your account, the confirmation of the contract with the summary of the terms, the essential characteristics of the service, the detailed price, the means of payment, the information on withdrawal, the applicable taxes and the documents in PDF format.

**4.3 How we keep the contract and how you can access it.** We keep the terms you have accepted (version, digital fingerprint, date and time) and the purchase data for the whole duration of the contract and for 10 years after it ends (ordinary limitation period, Article 2946 of the Civil Code). You can view and download them at any time in the app, under "You" › "Subscription and credits" › "Documents", or ask us for a copy by writing to care@evolus.ai.

**4.4 How to correct mistakes before purchasing.** Before the last step you can go back, change plan, re-read the summary and untick the box. The Store sheet shows the plan and the price again and you can cancel without consequences. After the purchase you can withdraw (Article 8).

**4.5 Languages.** To conclude the contract you can use Italian or English; the binding version of the terms remains the Italian one (Article 1.6).

**4.6 Codes of conduct.** CodeDesign does not adhere to any code of conduct.

**4.7 Disputes.** The tools for resolving disputes are in Article 19.


## 5. Price, payment and automatic renewal

**5.1 Plans and price.** The service has two subscription plans:

| Plan | Price | Length of period | Credits included |
|---|---|---|---|
| Monthly | **€24.99 per month** | 1 month, monthly renewal | 85,000 credits per month |
| Annual | **€249.99 per year** (equivalent to €20.83 per month) | 12 months, annual renewal | 85,000 credits per month, made available month by month |

Prices include VAT and any other tax, for Italy. **The price that applies is the one you see on the plan screen and in the Store sheet at the time of purchase**, as read from the Store; the price may be different if you purchase in another country or if taxes change. There are no additional costs from us. The annual plan lasts 12 months; the monthly plan has no minimum term.

**5.2 Payment.** The amount is charged by the Store with the payment method linked to your Apple or Google account. CodeDesign does not receive your card details. The document that proves the payment is the Store receipt: for purchases made through the Stores CodeDesign does not issue an invoice.

**5.3 Automatic renewal.** The subscription renews automatically, for an equal period, at the end of each period, and the amount of the new period is charged by the Store on expiry or in the hours before it, until you cancel (Article 7). The renewal is at the price of the plan at that time, within the limits of Article 5.4.

**5.4 Price changes.** We may change the price of a plan only for a justified reason: (a) a change in taxes or tax rates; (b) a change in the costs of the technology services and AI models on which the service is based, or in the Store's fees; (c) the addition of features or substantial improvements to the service. The new price applies only from the next renewal and after we have notified you with at least **30 days'** notice, in the forms required by the Store. If you do not accept, the renewal does not take place and the subscription ends at the end of the period already paid, without costs or penalties; acceptance of the new price follows the Store's rules.

**5.5 If the payment of a renewal fails.** The Store retries the charge for the grace period provided by the Store (currently 16 days on the App Store and 14 days on Google Play) and the service remains active. If the payment does not succeed even in this period, we suspend the service, notifying you in the app and by email; you can reactivate it by regularising the payment in the Store. We apply no penalties or recovery costs.


## 6. Free trial

**6.1 What it includes.** Where it is offered, the free trial lasts **14 days** and includes **50,000 credits** for the trial. If you do not cancel before the end, **the paid subscription you chose starts automatically** and the Store charges you the price of the plan (€24.99 for the monthly plan, €249.99 for the annual plan), then every period until cancellation; from the first paid renewal you have 85,000 credits per month.

**6.2 Who can have the trial.** The trial is available only once for each Store account and for each space, and is not offered to those who have already used it. If you are not eligible, the plan screen does not show the trial and the first payment takes place immediately.

**6.3 How to avoid the charge.** To avoid the charge you must cancel in the Store settings (Article 7) **before the end of the trial**; on the App Store at least 24 hours before the end of the trial, on Google Play before the end of the trial. If you cancel during the trial, you can continue to use the service until the end of the trial.

**6.4 Trial credits.** Unused trial credits expire at the end of the trial.

**6.5 Withdrawal during the trial.** You can withdraw even during the trial (Article 8).


## 7. How to cancel (and how not to renew)

**7.1 Cancellation.** You can cancel at any time, without notice and without costs, from the settings of your Apple or Google account. In the app: "You" › "Subscription and credits" › "Manage subscription" opens the right page of the Store. On iPhone: "Settings" › your name › "Subscriptions"; on Google Play: profile icon › "Payments & subscriptions" › "Subscriptions".

**7.2 Effect.** Cancellation stops the renewal: you can use the service until the end of the period already paid, and you will not receive refunds for the current period, except for withdrawal (Article 8), the guarantee (Article 9) and the cases provided for in Article 17. If you change your mind before expiry, you can reactivate the renewal from the Store.

**7.3 Uninstalling or deleting the account does not cancel.** Deleting the app from the phone does not cancel the subscription. Deleting the account is governed by Article 18: if you have an App Store subscription with active renewal, you must first cancel from the Store.

**7.4 Change of plan.** You can switch from monthly to annual (immediately) or from annual to monthly (from the renewal) from the Store settings; the rules for calculating the amount are those of the Store.


## 8. Right of withdrawal (14 days)

**8.1 Your right.** You have the right to withdraw from this contract, **without having to give a reason, within 14 days**. The withdrawal period expires 14 days after the day on which the contract is concluded (Article 4.2).

**8.2 Withdrawal also after the first charge.** If you have the free trial and it turns into a paid subscription, you have the right to withdraw also within **a further 14 days from the first charge**, in the same way and with the same effects as in this article.

**8.3 How to withdraw.** You can use one of these ways (one is enough):
a) **through the Store that sold the subscription**:
   - **on iPhone**, with Apple's withdrawal function: Apple Account › Purchase history, choose the order and confirm. Apple sends you a confirmation by email with content, date and time. Alternatively use Apple's form (rightofwithdrawal@apple.com);
   - **on Android**, with the withdrawal form or the refund request of Google Play, addressed to Google Commerce Limited.
   - In the app, "You" › "Subscription and credits" › "Manage subscription" takes you to the Store page;
b) **by writing to us**, with the **standard withdrawal form** (Annex I) or with another explicit statement, by email to care@evolus.ai, by certified email (PEC) to codedesign@legalmail.it or by post to CodeDesign S.r.l., Via Nino Pesce 38, 18018 Taggia (IM). We confirm receipt and tell you how to complete the refund with the Store.

**8.4 Meeting the deadline.** To meet the deadline it is enough that you send the withdrawal statement before the withdrawal period expires. It is up to you to prove that you exercised the withdrawal within the deadline; the confirmation of receipt from the Store, or ours, helps you to do so.

**8.5 What happens when you withdraw.** The Store refunds the payments made for the subscription, with the same means of payment and according to its conditions (Apple: within 14 days of the notification). When the Store notifies us of the refund, the service stops and the related credits are removed. If a withdrawal exercised within the deadline is not recognised by the Store, write to us (Article 19): we will intervene with the Store and, if the law places it on us, we will provide the refund ourselves.

**8.6 If you have already used the service.** If you withdraw within the withdrawal period we retain nothing: the refund is in full, even if you have already used the service.

**8.7 After withdrawal.** You stop using the service and making it available to others. We do not use the content you created in the app, other than personal data, except in the cases permitted by law; on your request we make available to you, free of charge, within a reasonable time and in a commonly used format, the content that is on our servers (the content on your phone you already have). The privacy notice applies to personal data.

**8.8 Your other rights.** Withdrawal does not limit cancellation (Article 7), the guarantee remedies (Article 9) and the other rights provided by law. Credit top-ups have a rule of their own (Article 14.8).


## 9. Guarantee of conformity of the digital service

**9.1 What we guarantee.** The service must be supplied without undue delay after the conclusion of the contract and must be **in conformity** for the **whole duration** of the subscription: it must correspond to the description, the features and the characteristics that we have indicated to you (Articles 2 and 5 and the summary), be suitable for the particular purposes that you made known to us and that we accepted, and have the quality, continuity, security and performance that are normally found in digital services of the same type and that you can reasonably expect. We also provide you with the updates, including security updates, needed to maintain conformity (Article 10).

**9.2 AI answers.** AI, by its nature, may produce inaccurate or incomplete answers (Article 2.2): this, by itself, is not a lack of conformity. It is a defect, however, if the service does not work as described, is interrupted or inaccessible beyond what is reasonable, does not meet the quality normally expected of a service of this kind or does not apply the security measures promised.

**9.3 Your remedies.** If there is a lack of conformity or the service is not supplied to you, you may ask us, depending on the circumstances and within the limits of the law: (a) to **restore conformity**, free of charge and without significant inconvenience, within a reasonable time from when you notify us of the defect; (b) a **proportionate reduction of the price** (if the service was non-conforming only for a period, the reduction concerns that period); (c) **termination of the contract**, if the defect is not minor, if we have not restored conformity or if the defect is so serious as to justify it. If we do not supply the service, you invite us to do so and, if we do not do so within a reasonable time, you may terminate; you may terminate immediately if we have declared that we will not supply it.

**9.4 Refunds after termination.** If you terminate the contract, we refund the amounts for the period in which the service was not in conformity and those paid in advance for the remaining period, **without delay and in any case within 14 days** of when you notify us of your decision, with the same means of payment and at no cost to you. For top-ups, Article 14.7 applies.

**9.5 How long the guarantee lasts and who must prove what.** We are liable for the defects that appear or become evident **throughout the period** in which the service must be supplied to you, and you can assert defects that emerged during the supply within 26 months of the last act of supply. Throughout that period, if the defect emerges in that period, **it is for us to prove** that the service was in conformity, unless your digital environment (phone, operating system, network) is incompatible with the technical requirements that we clearly communicated to you before the purchase. We ask you to cooperate, as far as reasonable and with the least intrusive means, to understand whether the defect depends on your environment.

**9.6 How to report a defect.** Write to support (Article 19.1) describing the problem; you can attach screenshots. You do not need to use any particular wording.

**9.7 Rights that cannot be waived.** Any agreement that excludes or limits the rights in this article to your detriment is void. The Stores may also offer other refunds under their own rules: they do not limit the rights you have against us.


## 10. Availability, maintenance, updates and changes to the service

**10.1 Updates.** We inform you about the updates of the app and of the service needed to maintain conformity, including security updates, and we provide them to you; app updates arrive through the Store. If you do not install an update within a reasonable time after we have notified you of its availability and of the consequences of not installing it, we are not liable for the defects due solely to that failure (provided that the installation did not fail because of our deficient instructions).

**10.2 Interruptions and maintenance.** The service is available continuously, except for short interruptions for maintenance, updates or causes beyond our control. When we can foresee them, we notify you with reasonable notice in the app and schedule them in the hours of least use. An interruption that exceeds what is reasonable may be a lack of conformity (Article 9) and give the right to a price reduction.

**10.3 Changes to the service.** We may change the service, beyond what is needed to maintain its conformity, only if: (a) there is a valid reason, including: compliance with the law or with measures of authorities; security; technical evolution (for example replacing an AI model or a technology provider with an equivalent or better one, or complying with new Store requirements); the introduction of new features or the removal of obsolete or unused features; (b) the change costs you nothing; (c) we inform you in a clear and understandable way; (d) if the change negatively affects your use of or access to the service in a non-negligible way, we notify you with reasonable advance notice, **at least 30 days**, on a durable medium (email), indicating how and when it takes place and your right to withdraw. In this case you can withdraw from the contract **free of charge within 30 days** of receiving the information or, if later, from the date of the change, with a refund of the paid period not enjoyed (Article 17.4), unless we allow you to keep the service without the change, at no cost and remaining in conformity.


## 11. Liability

**11.1 The general rule.** We are liable, according to the law, for the damage we cause you through our non-performance or a tort.

**11.2 What no clause can take away.** No part of these terms excludes or limits: our liability for death or personal injury caused by our act or omission; our liability for wilful misconduct or gross negligence; the right of withdrawal, the guarantee of conformity and the other rights and remedies that the law grants you; your right to take legal action.

**11.3 It is not "as is".** We do not offer the service "as is": we are liable for conformity under Article 9.

**11.4 When we are not liable.** We are not liable for a non-performance or damage when they depend on: your conduct in breach of these terms; a third-party service that is beyond our control (for example your mailbox, your operator, the Store, the network); fortuitous events or force majeure; or a choice of yours based on an AI answer, to the extent that the damage does not also depend on a lack of conformity or on our non-performance. The rule of Article 11.2 remains unaffected.

**11.5 Data on the phone.** Since the app data is stored on your phone (Article 2.3), we are not liable for its loss due to uninstallation, loss or breakage of the phone, or deletion by you, unless it depends on a defect of the app or on our non-performance.


## 12. Content, intellectual property and proper use

**12.1 Licence.** We grant you a personal, non-exclusive and non-transferable licence to use the app and the service for personal purposes, for the whole duration of the contract. The software, the trademark, the texts and the design of the service remain the property of CodeDesign or of its licensors.

**12.2 Your content remains yours.** The content you enter (messages, documents, recordings, memories, instructions) remains yours. You grant us only the rights needed to provide you with the service (keeping it on the phone where provided, transmitting and processing it to answer your requests). We do not use it for our own purposes and we do not use it to train AI models.

**12.3 AI-generated content.** You can use the texts and other content that the AI generates for you. The law may not recognise copyright in content generated by a machine, and similar content may be generated for other users. It is up to you to decide how to use it and to check its accuracy and lawfulness before disseminating it.

**12.4 Proper use.** You must not: use the service for unlawful purposes or to infringe the rights of others; enter or have generated unlawful content, content that incites hatred or violence, or that violates confidentiality or intellectual property; circumvent or disable the security measures of the service; access the service by means not provided for, extract data from it in bulk or overload it; resell it or make it available to third parties; record meetings without informing the participants or without having a legitimate basis to do so; process third-party data unlawfully; use AI for practices prohibited by law (for example unlawful manipulation or profiling). If you use the service for professional activities, see Article 1.3.


## 13. Suspension and termination by us

**13.1 When we can suspend or limit the service.** Only if: (a) you seriously or repeatedly breach Article 12.4; (b) the law or an order of an authority requires it; (c) there is a concrete risk to the security of the service, of other users or to your account (for example unauthorised access) or a fraud; (d) payment has not succeeded even after the grace period (Article 5.5).

**13.2 How.** Before suspending we notify you by email and in the app, indicating the reason and giving you at least 7 days to remedy or to reply. The suspension is proportionate: we limit the function concerned, not the whole service, where possible, and only for the time necessary.

**13.3 Urgent cases.** In cases (b) and (c), or of manifestly unlawful activity, we may suspend immediately, notifying you without delay and indicating the reason. We lift the suspension as soon as the cause ceases.

**13.4 Termination by us.** We may withdraw from the contract for a justified reason (for example discontinuation of the service or of the plan, technical or legal reasons) with at least 60 days' notice. We may terminate the contract without notice only for a serious breach that you have not remedied after our notice, or in the cases of Article 13.3 if the cause does not cease.

**13.5 Refund.** If we suspend or terminate the service for causes that do not depend on a breach by you, we refund you the part of the price of the paid period not enjoyed and the value of the unused and unexpired top-ups (Article 14.7), with the same means of payment.

**13.6 Challenging the decision.** You can challenge the suspension or termination by writing to us (Article 19); we reply giving reasons. Your right to turn to an ADR body or to the court is not limited.


## 14. Credits

**14.1 What they are.** Credits are the unit with which we measure the consumption of the features that use artificial intelligence (language models, transcription and speech synthesis, document reading and the like). They are not electronic money nor a monetary claim against us, they cannot be converted into money and cannot be transferred. The refund cases of Articles 8, 9, 13.5 and 14.7 remain unaffected.

**14.2 Monthly credits included in the price.** With the subscription you receive **85,000 credits every month** (in the annual plan, month by month). They are a **monthly usage allowance, not a deposit**: credits you do not use by the end of the month expire and the following month you receive the allowance again. During the free trial you have 50,000 credits for the whole duration of the trial, and they expire at the end.

**14.3 How much the features consume.** There is no single table: consumption depends on the feature and on the duration or length of the request. By way of example, a live voice conversation consumes about 1,200 credits per minute and the transcription of meetings about 30-50 credits per minute. Balance and consumption are under "You" › "Subscription and credits"; the app notifies you when the credits run out.

**14.4 When they run out.** When the credits run out, the features that consume them stop until the following month or until a top-up; the other features remain available. We never automatically charge you anything extra for exceeding the credits.

**14.5 Top-ups.** You can purchase additional credits, only through the Store, as a purchase separate from the subscription, in the sizes indicated in the app (currently 25,000 credits for €7.49, 50,000 for €14.99, 100,000 for €29.99, VAT included, at the prices shown by the Store at the time of purchase). Top-up credits are used after the monthly ones.

**14.6 Validity of top-ups.** Credits purchased with a top-up are valid for **12 months** from purchase. We notify you at least **30 days before** expiry, indicating the remaining balance. If you do not have an active subscription, the top-up credits remain on your balance but you cannot use them; they become usable again when you reactivate a paid plan, until expiry.

**14.7 Refund of unused top-ups.** If the service ends by our choice or because of a fact attributable to us (Article 13.5), or if you terminate the contract for a lack of conformity or a change to your detriment (Articles 9, 10.3), we refund the value of the unused and unexpired top-up credits, in proportion to the price paid.

**14.8 Withdrawal on top-ups.** Top-ups are made available to you immediately. Before the purchase we ask you to expressly confirm that you want to receive the credits immediately and that, once the supply has started, you **lose the right of withdrawal**; we send you the confirmation on a durable medium. If you do not give this confirmation, you have the right to withdraw within 14 days.

**14.9 Store refunds.** If the Store refunds a purchase to you, we remove the related credits (at most the remainder, never below zero); if it concerns the subscription, the service stops.


## 15. Changes to the terms

**15.1 When we can change them.** We may change these terms only for a justified reason, including: (a) compliance with laws, regulations, measures of authorities or judgments; (b) changes to the service permitted by Article 10.3 or new Store requirements; (c) security needs; (d) correction of errors or improvement of clarity, without worsening your rights; (e) price changes, under the rules of Article 5.4. We do not change them at our discretion.

**15.2 How.** We notify you with at least **30 days'** notice by email and in the app, indicating the new version, the effective date and a summary of the changes. Previous versions remain available.

**15.3 Your rights.** If the change worsens your economic conditions or the level of the service in a non-negligible way and is not imposed by law, you can **withdraw free of charge** within 30 days of the notice or, if later, of the effective date, with a refund of the paid period not enjoyed (Article 17.4). If you do not withdraw and you continue to use the service after the effective date, the new version applies to you.

**15.4 Urgent changes.** Changes imposed by law, by an authority or by urgent security needs may take effect immediately; we notify you within 5 days and, if they worsen your position, the right of withdrawal of Article 15.3 remains unaffected.


## 16. Personal data

**16.1 Who is the controller.** For the personal data of consumer users, the data controller is **CodeDesign S.r.l.** (Article 1.1). How we process it, for which purposes and on which legal bases, to whom we disclose it, for how long we keep it and which rights you have is explained in the **privacy notice** (https://evolus.ai/en/privacy-policy), in particular in the sections on Evo Assistant, on payments from the Stores and on account deletion.

**16.2 No agreement for businesses.** For consumers the Data Processing Agreement for business customers (Annex A to the Terms for businesses) does not apply, because you are not acting for an organisation: we process the data you enter for personal use as controllers.

**16.3 Marketing.** CodeDesign's commercial communications are optional and require your consent, which you give through a separate choice and which is not a condition for the purchase; you can withdraw it at any time from "You" in the app.

**16.4 Data of other people.** If in the app you enter data of other people (for example contacts, meeting participants, recipients of messages), you do so for strictly personal use and you must respect their rights; inform them when you record a meeting.

**16.5 Your rights.** To exercise them write to privacy@codedesign.it. You can also lodge a complaint with the Italian Data Protection Authority (Garante per la protezione dei dati personali).

**16.6 The Stores.** Apple and Google process the data of your Store account and of the payment as independent controllers, under their own notices.


## 17. Duration and termination

**17.1 Duration.** The contract lasts for the period of the plan you chose (one month or twelve months) and renews automatically until cancellation (Articles 5.3 and 7).

**17.2 How it ends.** The contract ends: by cancellation, at the end of the paid period; by withdrawal (Article 8) or termination under the guarantee (Article 9), with the effects indicated; by termination by us (Article 13.4); by deletion of the account (Article 18).

**17.3 What happens afterwards.** At the end of the paid period the paid features stop. There are no free features: at the end of the paid period the app only lets you reactivate the subscription, restore purchases, sign out or delete the account. The data saved on your phone remains there until you delete it. The content and data on our servers are kept or deleted as explained in the privacy notice. For credits, Article 14 applies.

**17.4 Refund in case of early termination.** When the contract ends before the end of the paid period for a reason that does not depend on a breach by you (withdrawal for a change to your detriment, termination for lack of conformity, termination by us, Article 13.5), we refund the part of the price corresponding to the period not enjoyed, with the same means of payment and within 14 days.


## 18. Account deletion and data retention

**18.1 How.** You can delete your account at any time from the app ("You" › "Delete account") or from the portal (profile › "Delete account"). Deletion is permanent.

**18.2 Before deleting.** If you have an App Store subscription with active renewal, you must first cancel it from the Store settings, otherwise the deletion does not start. For Google Play we switch off the renewal ourselves.

**18.3 What happens.** On our servers we delete the conversations, meetings and other content still present, the memberships, keys, notifications and links to services; we anonymise the profile; we delete the spaces of which you are the sole owner and close the related subscription. On the phone from which you delete the account the app deletes the local data. The details are in the privacy notice.

**18.4 What we keep.** We keep only the data that we must or may keep for legal obligations or to defend ourselves, and for the periods indicated in the notice: for example the evidence of the terms accepted, the data of purchases from the Stores, security logs and support reports.

**18.5 Refunds.** Deleting the account does not by itself give the right to a refund of the current period. If you are still within the 14 days to withdraw, exercise the withdrawal through the Store (Article 8) **before** deleting the account. If you cannot access the account, write to privacy@codedesign.it.


## 19. Complaints and out-of-court dispute resolution

**19.1 Complaints.** For any complaint write to care@evolus.ai or use "You" › "Help and privacy" › "Report a problem" in the app. We reply within 14 days of receipt and, if more time is needed, we tell you why and when.

**19.2 ADR bodies.** CodeDesign has not committed to use an alternative dispute resolution (ADR) body. If a complaint is not resolved, we indicate to you on a durable medium the competent ADR bodies and whether we intend to use them. The list of ADR bodies competent for consumers can be consulted on the European portal: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.

**19.3 European ODR platform.** The European online dispute resolution platform was closed on 20 July 2025: it can no longer be used. For disputes with traders from other EU countries you can turn to the European Consumer Centre Italy (ECC-Net).

**19.4 Your right to take legal action.** Recourse to an ADR body does not limit your right to turn to the court. A request to an ADR body suspends the limitation periods and prevents the forfeiture in the cases provided for by law.

**19.5 Authorities.** You can report unfair practices to the Italian Competition and Market Authority (AGCM) and, for data protection, to the Italian Data Protection Authority (Garante per la protezione dei dati personali).


## 20. Applicable law and competent court

**20.1 Law.** The contract is governed by Italian law. If you live in another country of the European Union, the mandatory consumer protection rules of your country remain unaffected.

**20.2 Court.** For any dispute relating to the contract, the court of the place where you have your residence or domicile, if in Italy, has mandatory jurisdiction. If you live in another EU country, you can bring proceedings before the courts of your country, and we can bring proceedings against you only before the courts of your country.

**20.3 No arbitration clause.** The contract contains no arbitration clauses or mandatory arbitration.


## 21. Final provisions

**21.1 Communications.** The communications we send you go to the email of your account and/or in the app; when the law requires it we send them on a durable medium. You write to us at the contact details in Article 1.1.

**21.2 Assignment.** We may transfer the contract to another company only if this does not reduce your protections, and we notify you; in that case, if you disagree, you can withdraw free of charge with a refund of the period not enjoyed. You cannot assign your contract.

**21.3 If a clause is not valid.** If a clause is void or ineffective, the others remain valid; in place of the void clause the rule of law most favourable to you applies.

**21.4 Interpretation.** In case of doubt about the meaning of a clause, the interpretation most favourable to you prevails.

**21.5 Apple and the EULA.** For Apple's standard EULA, Apple and its subsidiaries are third-party beneficiaries of that contract.

**21.6 Versions.** This document is identified by the version code and by the SHA-256 hash indicated at the top. We keep the versions you have accepted accessible to you.

CodeDesign S.r.l., Via Nino Pesce 38, 18018 Taggia (IM), VAT No. IT01739830089. REA no. IM-226783, tax code 01739830089, share capital €10,000 fully paid-up, single-member company.


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# Annex I — Information on withdrawal and standard form

### I.A — Information on the right of withdrawal (adapted standard instructions)

**Right of withdrawal**

You have the right to withdraw from the contract, without giving any reason, within 14 days.

The withdrawal period expires 14 days after the day of the conclusion of the contract. If you have the free trial and it turns into a paid subscription, you have a further 14 days from the first charge.

To exercise the right of withdrawal use the **withdrawal function of the Store** that sold the subscription:
- on iPhone: Apple Account › Purchase history, or the form of Apple Distribution International (rightofwithdrawal@apple.com);
- on Android: the withdrawal form or the refund request of Google Play (Google Commerce Limited).

The Store sends you a confirmation of receipt on a durable medium and handles the refund.

You can also inform us (CodeDesign S.r.l., Via Nino Pesce 38, 18018 Taggia (IM); telephone +39 0184 716 626; email care@evolus.ai; certified email (PEC) codedesign@legalmail.it) with an explicit statement, also using the standard form below, which is not mandatory. We confirm receipt and tell you how to complete the refund with the Store.

To meet the withdrawal deadline it is sufficient that you send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

**Effects of withdrawal**

If you withdraw, the Store that sold the subscription refunds you all payments, without undue delay and in any case within 14 days of the day on which it is informed of your decision. It uses the same means of payment as for the initial transaction, unless otherwise agreed; in any case you will not incur any costs for the refund.

We do not retain any amount for the period in which you used the service.

### I.B — Standard withdrawal form

*(complete and return this form only if you wish to withdraw from the contract — pursuant to Article 49(1)(h) of the Consumer Code)*

**Addressee:** CodeDesign S.r.l., Via Nino Pesce 38, 18018 Taggia (IM) — email care@evolus.ai — certified email (PEC) codedesign@legalmail.it — telephone +39 0184 716 626

— I (\*) hereby give notice that I withdraw from my contract for the supply of the digital service **"Evo Assistant"** (monthly / annual subscription (\*))

— Signed on (\*) …………………

— Name of the consumer: …………………

— Address of the consumer: …………………

— *(optional, to help us recognise the contract)* Email address of the Evolus account: …………………

— *(optional)* Store order identifier (App Store / Google Play), if you know it: …………………

— Signature of the consumer *(only if this form is notified in paper version)*: …………………

— Date: …………………

(\*) Delete as appropriate.