TERMS OF SERVICE

Last updated May 20, 2026

Agreement to These Terms

These Terms of Service ("Terms") govern your use of our website at evokemarketinggroup.com, our mobile application ("Evoke" or the "App"), and any related services we provide (collectively, the "Services"). The Services are provided by Sun Shoes Marketing LLC, doing business as Evoke Marketing Group ("we," "us," "our").

Evoke Marketing Group is a marketing agency. We provide marketing services to business clients, and we offer a customer relationship management (CRM) tool that our clients use to manage their own customer communication.

By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

You can contact us at [email protected] or by phone at +1 913-439-4481, or by mail at:

Sun Shoes Marketing LLC

11729 W 102nd St

Overland Park, KS 66214

United States

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Your continued use of the Services after changes take effect means you accept the updated Terms.

Note: If you have a separate written agreement with us for marketing services (for example, a client services agreement), that agreement governs the specific services described in it. These Terms govern your general use of the Services.

Our Privacy Policy describes how we collect, use, and share information about you. By using the Services, you also agree to the Privacy Policy.

1. About the Services

Our website provides information about our business and a way for prospective clients to contact us. The App is provided as part of marketing services purchased from Evoke Marketing Group by a business client (your "Organization"). Your Organization sets up your App account and determines what features you can access. Some features may be enabled or disabled based on your Organization's subscription.

The Services are intended for business use. They are not designed for personal or consumer purposes.

2. Your Account

To use the App, you must:

• be at least 18 years old, or 13 or older with consent and supervision from your parent, guardian, or employer

• provide accurate information when creating your account

• keep your login credentials confidential

• notify us immediately if you suspect your account has been compromised

You are responsible for activity that occurs under your account. If you are using the App on behalf of your Organization, you confirm that you have authority to accept these Terms on its behalf.

We may suspend or terminate accounts that violate these Terms or that we suspect of fraudulent or unauthorized use.

3. Acceptable Use

You agree not to:

• use the Services for any unlawful purpose

• harass, threaten, or harm any other person through the Services

• send spam, phishing messages, or other unwanted communications using the Services

• attempt to access accounts, data, or systems you are not authorized to access

• reverse engineer, decompile, or attempt to extract source code from the Services

• use automated tools (bots, scrapers, scripts) to access or extract data from the Services, except as expressly permitted

• interfere with or disrupt the Services or the servers and networks that support them

• upload viruses, malware, or other harmful code

• impersonate another person or misrepresent your affiliation with any person or organization

• use the Services in a way that violates any applicable law, including telemarketing laws (TCPA, CAN-SPAM), privacy laws, or anti-spam laws

If you use the Services to send messages to your customers, you are responsible for complying with all applicable laws governing those communications, including obtaining consent where required.

4. SMS Messaging Program

Program description

Sun Shoes Marketing LLC, doing business as Evoke Marketing Group, operates an SMS messaging program. If you provide your phone number and consent, we may send you transactional messages (such as inquiry follow-ups, scheduling, and account communication) and, with separate consent, marketing messages (such as service updates and offers).

Frequency and rates

Message and data rates may apply. Message frequency varies based on your interactions with our service.

Opt-out and support

You can cancel the SMS service at any time. Just text "STOP" to +1 913-439-4481. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected] or +1 913-439-4481.

Carrier liability

Carriers are not liable for delayed or undelivered messages.

Privacy

Our handling of phone numbers and SMS consent is described in our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

5. Content You Provide

Your data

When you use the Services, you may submit, upload, store, and transmit content — contact information, messages, notes, photos, business information, and other materials ("Your Data"). You retain ownership of Your Data.

You grant us a limited license to host, store, transmit, and process Your Data solely to provide the Services to you and your Organization. We do not use Your Data for advertising or sell it to third parties.

Your responsibility

You are responsible for Your Data. You confirm that:

• you have the right to submit, upload, store, and use Your Data in the Services

• Your Data does not violate any law or infringe anyone else's rights

• you have obtained any necessary consents from third parties whose information you upload (for example, your customers)

Feedback

If you send us feedback, suggestions, or ideas about the Services, you grant us the right to use them without compensation or obligation to you.

6. Our Intellectual Property

The Services, our brand, logos, and any related content we create (the "Evoke Materials") are owned by us or our licensors and are protected by copyright and trademark law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended business purpose.

You may not copy, modify, distribute, or create derivative works from the Evoke Materials without our written permission.

7. Third-Party Services

The Services are built on technology provided by third-party platform infrastructure providers and may integrate with other third-party services (such as SEO toolkits, Google services, and email or SMS providers). Your use of these integrated services may be subject to their own terms and privacy policies. We are not responsible for third-party services or their content.

8. Availability and Changes

We aim to keep the Services available, but we cannot guarantee uninterrupted access. The Services may experience downtime for maintenance, updates, or reasons outside our control (including issues with our platform infrastructure providers).

We may add, change, or remove features at any time. If a change materially reduces functionality, we will give reasonable notice when practical.

9. Termination

You may stop using the Services at any time. To close your App account, contact your Organization's administrator or email us at [email protected].

We may suspend or terminate your access to the Services if:

• you violate these Terms

• your Organization's subscription with us ends

• we are required to do so by law

• continuing to provide the Services becomes commercially impractical

After termination, you may lose access to Your Data. We will retain or delete Your Data in line with our Privacy Policy and applicable law.

The sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution) will survive.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY CONTENT IN THE SERVICES.

YOU USE THE SERVICES AT YOUR OWN RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATED TO THE SERVICES IS LIMITED TO THE AMOUNTS PAID BY YOU OR YOUR ORGANIZATION TO US DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless Sun Shoes Marketing LLC, its officers, employees, partners, and agents from any claim, loss, damage, liability, or expense (including reasonable attorneys' fees) arising out of:

• your use of the Services

• your violation of these Terms

• your violation of any law or third-party right (including the rights of your customers)

• Your Data

13. Governing Law

These Terms are governed by the laws of the State of Kansas, without regard to conflict of law principles. Any court proceedings not subject to arbitration (see Section 14) must be brought in the state or federal courts located in Johnson County, Kansas. You and we consent to the personal jurisdiction of those courts.

14. Dispute Resolution

Informal resolution first

If you have a dispute with us, contact us at [email protected] and we will attempt to resolve it informally. Both parties agree to try good-faith informal negotiation for at least thirty (30) days before starting arbitration.

Binding arbitration

If informal negotiation does not resolve the dispute, the dispute will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or Consumer Arbitration Rules where applicable). The arbitration will be conducted by a single arbitrator in Johnson County, Kansas, in English, and decided under Kansas law.

Class action waiver

You and we agree that any arbitration or court proceeding will be conducted only on an individual basis, not as a class action or representative action.

Exceptions

Either party may bring a claim in court for: (a) intellectual property disputes; (b) injunctive or equitable relief; or (c) small claims court matters within that court's jurisdiction.

15. General Terms

Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Services. If you have a separate written services agreement with us, that agreement controls the specific services it covers.

Severability. If any part of these Terms is found unenforceable, the rest remain in effect.

No waiver. Our failure to enforce any right or provision is not a waiver.

Assignment. You may not assign these Terms without our consent. We may assign these Terms to an affiliate or in connection with a merger, sale, or reorganization.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

No partnership. Nothing in these Terms creates a partnership, agency, or employment relationship between you and us.

Electronic communications. You consent to receive communications from us electronically. Electronic agreements, notices, and records satisfy any legal requirement that they be in writing.

16. Contact Us

Questions about these Terms?

Sun Shoes Marketing LLC (doing business as Evoke Marketing Group) 

11729 W 102nd St
Overland Park, KS 66214
United States

Phone: +1 913-439-4481
Email: [email protected]