TERMS OF SERVICE

Last updated April 30, 2026

AGREEMENT TO THESE TERMS

Welcome. These Terms of Service ("Terms") govern your use of the Evoke mobile application ("Evoke" or the "App") provided by Sun Shoes Marketing LLC, doing business as Evoke Marketing Group ("we," "us," "our").

The App is a customer relationship management (CRM) tool used by Evoke Marketing Group's business clients to manage their own customer communication.

By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.

You can contact us at [email protected] 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 App after changes take effect means you accept the updated Terms.

TABLE OF CONTENTS

ABOUT THE APP

YOUR ACCOUNT

ACCEPTABLE USE

CONTENT YOU PROVIDE

OUR INTELLECTUAL PROPERTY

THIRD-PARTY SERVICES

AVAILABILITY AND CHANGES

TERMINATION

DISCLAIMERS

LIMITATION OF LIABILITY

INDEMNIFICATION

GOVERNING LAW

DISPUTE RESOLUTION

GENERAL TERMS

CONTACT US

1. ABOUT THE APP

The App is provided as part of services purchased from Evoke Marketing Group by a business client (your "Organization"). Your Organization sets up your account and determines what features you can access. Some features may be enabled or disabled based on your Organization's subscription.

The App is intended for business use. It is 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 App for any unlawful purpose

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

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

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

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

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

• interfere with or disrupt the App or the servers and networks that support it

• upload viruses, malware, or other harmful code

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

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

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

4. CONTENT YOU PROVIDE

Your data:

• When you use the App, you may upload, store, and transmit content — contact information, messages, notes, photos, 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 App and 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 upload, store, and use Your Data in the App

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 App, you grant us the right to use them without compensation or obligation to you.

5. OUR INTELLECTUAL PROPERTY

The App, 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 App for its intended business purpose during your subscription period.

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

6. THIRD-PARTY SERVICES

The App is 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.

7. AVAILABILITY AND CHANGES

We aim to keep the App available, but we cannot guarantee uninterrupted access. The App 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 the App's functionality, we will give you reasonable notice when practical.

8. TERMINATION

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

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

• you violate these Terms

• your Organization's subscription with us ends

• we are required to do so by law

• continuing to provide the App 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.

9. DISCLAIMERS

THE APP IS 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 APP 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 APP. YOU USE THE APP AT YOUR OWN RISK.

10. 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 APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATED TO THE APP IS LIMITED TO THE AMOUNTS PAID BY YOU OR YOUR ORGANIZATION TO US FOR THE APP 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.

11. 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 App

• your violation of these Terms

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

Your Data

12. 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 13) 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.

13. 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.

14. GENERAL TERMS

Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the App.

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.

15. CONTACT US

Questions about these Terms?

[email protected]  

Sun Shoes Marketing LLC
11729 W 102nd St
Overland Park, KS 66214
United States