Terms of Use

Last Updated: 12/09/2024

The following Terms of Use (“Terms”) govern your access to and use of the website, applications, and other online products and services (collectively, “Services”) provided by Vailstone LLC (“Evocutter,” “we,” or “us”), including Evocutter.com (the “Website”). By accessing or using the website, you agree to these Terms & Conditions. Any person or entity interacting with the Site through crawlers, robots, browsers, data mining or extraction tools, or other similar functionality, whether installed by them or a third party, is considered to be using the website. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the website.

In addition to these Terms, you may be required to accept additional terms that apply to specific features, promotions, products, or services (“Additional Terms”). For example, certain products or promotions may have unique terms. If any Additional Terms conflict with these Terms, the Additional Terms will govern for the applicable feature, product, or service.

For details about how we collect and use your information, please refer to our Privacy Policy.

All content included on the website, such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other materials (collectively, “Content”), is owned or licensed by Evocutter.com / Vailstone LLC or its suppliers or licensors, including partners, and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the website is the exclusive property of Vailstone LLC and is protected under U.S. and international copyright laws. Vailstone LLC and its suppliers and licensors expressly reserve all intellectual property rights in the Content.

1. License

Vailstone LLC grants you a limited, nonexclusive, nontransferable, non-sublicensable, and revocable license to access and make personal use of the website and its Content for NONCOMMERCIAL PURPOSES ONLY, provided such use does not violate these Terms & Conditions, including but not limited to the restrictions outlined in the “Unlawful or prohibited uses” section. You may download, print, and copy Content for personal, noncommercial purposes only, as long as you do not modify or alter the Content, delete or change any copyright or trademark notices, or otherwise breach these Terms & Conditions. Accessing, downloading, printing, posting, storing, or otherwise using the website or its Content for any commercial purpose—whether for yourself or on behalf of a third party—constitutes a material breach of these Terms.

This license does not permit you to:

  • Sell or resell any part of the Services or use them for commercial purposes.
  • Copy, reproduce, distribute, publicly perform, or publicly display any Content from the Services without explicit authorization.
  • Modify the Services, remove proprietary notices, or create derivative works.
  • Use the Services for any purposes other than their intended use.

Unauthorized use of the Services is strictly prohibited and will result in the termination of the license.

2. Age Restriction

You must be at least 13 years old to use our Services. If you are under 18 (or the legal age of majority in your jurisdiction), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. As a parent or guardian of a user under 18, you accept full responsibility for their actions or omissions.

3. Accounts / User Registration

To access certain Services, you may need to create an account. You agree to provide accurate, current information and to promptly update any changes. You are responsible for safeguarding your account credentials. If you suspect unauthorized access, notify us immediately via our Contact Page or the contact details provided in section 23. “Contact information”. You may be held accountable for the actions of others using your account. We reserve the right to reclaim usernames associated with legal claims, such as trademark rights.

4. Terms of Sale

All products are subject to availability, and we reserve the right to limit quantities or reject orders. Prices are subject to change but will not affect orders already placed.

You are responsible for applicable taxes, duties, or fees related to your purchase. If legally required, we will collect taxes at checkout. Tax estimates may differ from actual charges due to changes in rates or processing. If we do not collect taxes in your jurisdiction, you are responsible for reporting and paying them. You agree to use valid payment methods and authorize us to charge the total amount, including taxes and shipping, to your selected payment method.

Shipping charges are displayed at checkout. Delivery dates are estimates and not guaranteed. The risk of loss transfers to you upon the carrier’s receipt of the product unless otherwise specified. Refer to our Return Policy for details on returning items. If errors occur, we reserve the right to correct them and adjust your order, including charging the correct price, or to cancel your order and issue a refund. Certain Evocutter products may include a limited warranty, as outlined in the applicable documentation. Products sold without a warranty are provided “as is” and “with all faults.” Products from third-party manufacturers are also sold “as is” unless otherwise specified. For these products, remedies lie solely with the manufacturer, not Vailstone LLC.

5. User Content

Our Services may allow you and other users to post, store, or share various types of content, such as messages, reviews, photos, videos, and other materials (collectively, “User Content”). Except for the rights you grant us as described below, you retain full ownership of your User Content.

By posting User Content, you grant Vailstone LLC a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform, and publicly display your User Content—along with any name, username, or likeness you provide—across any media formats and channels currently known or developed in the future, without compensation to you.

While we are not obligated to monitor User Content, we reserve the right to remove or delete any User Content at any time and for any reason. By posting User Content, you represent and warrant that you hold all necessary rights to grant the above license and that your User Content complies with these Terms.

6. Prohibited Conduct

You agree not to violate any laws, infringe on third-party rights, or commit any wrongful acts while using our Services. Specifically, you agree to refrain from the following actions:

  • Engaging in harassment, threats, spamming, or stalking.
  • Using another user’s account without their permission.
  • Interfering with, disrupting, or diminishing other users’ enjoyment of our Services.
  • Reverse-engineering, bypassing, or circumventing measures designed to limit access to our Services.
  • Attempting to access restricted areas of the Services without authorization.
  • Using automated tools (e.g., bots, data mining tools) without our prior written consent.
  • Ignoring or violating the instructions in our robots.txt file.
  • Using the Services in any illegal, fraudulent, or unauthorized manner.

7. Unlawful or Prohibited Uses

You are prohibited from posting, storing, or sharing User Content that:

  • Is unlawful, defamatory, obscene, or otherwise offensive.
  • Encourages illegal activity or violates applicable laws.
  • Infringes on intellectual property or proprietary rights.
  • Contains false or misleading statements or impersonates another individual.
  • Fails to disclose material relationships with Vailstone LLC or third parties (e.g., in reviews).
  • Contains unsolicited advertising, spam, or political campaigning.
  • Includes private or personal information of third parties without their consent.
  • Contains viruses, corrupted data, or other harmful components.
  • Is otherwise deemed objectionable or harmful by us.

8. Hyperlinks

You may create a text hyperlink to our Services for noncommercial purposes, provided the link does not misrepresent or disparage Vailstone LLC or any of its products or services. The linking site must not contain adult, illegal, offensive, harassing, or otherwise objectionable material. This permission to link can be revoked at any time. You may not use the Vailstone LLC logo or any other proprietary graphics belonging to Vailstone LLC as part of a hyperlink without obtaining express written permission.

9. Third-Party Content

Our Services may include content from third parties, including User Content, and may also contain links to third-party websites and resources (collectively referred to as “Third-Party Content”). Vailstone LLC does not endorse or assume responsibility for any Third-Party Content and makes no guarantees regarding its accuracy or completeness. We are not involved in creating, updating, or monitoring Third-Party Content and cannot be held accountable for it. You are solely responsible for deciding whether to engage with or utilize Third-Party Content or applications linked through our Services. Any interactions, business dealings, or participation in promotions with advertisers found on or through our Services are solely between you and the advertiser. Accessing or using Third-Party Content, including materials, products, or services from third-party sites, is at your own risk.

10. Feedback

Any questions, comments, suggestions, ideas, creative materials, or other feedback you provide regarding Vailstone LLC or our products and Services (collectively, “Feedback”) are considered non-confidential. By submitting Feedback, you grant Vailstone LLC the unrestricted right to use and distribute it for any purpose, whether commercial or noncommercial, without acknowledgment or compensation to you.

11. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes your copyright, you may notify Vailstone LLC. For contact details please refer to see section 23. “Contact information”. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Vailstone LLC for certain costs and damages.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Vailstone LLC, its affiliates, and each of their respective officers, members, managers, directors, agents, partners, and employees (individually and collectively, the “Vailstone LLC Parties”) from any loss, liability, claim, demand, damages, expenses, or costs (“Claims”) arising from:

  • (a) your access to or use of our Services, including your conduct in connection with our Services;
  • (b) your User Content or Feedback;
  • (c) your violation of these Terms; or
  • (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights).

You agree to promptly notify the Vailstone LLC Parties of any third-party Claims, cooperate with them in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Vailstone LLC Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the Vailstone LLC Parties.

13. Disclaimers

We do not control or endorse Third-Party Content available through our Services. Use of our Services is at your own risk. Unless explicitly stated otherwise (such as a limited warranty for a Vailstone LLC product), our Services and products are provided “as is” and “as available,” without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. While we strive to ensure our Services are accurate and safe, we do not warrant their reliability, completeness, or freedom from harmful components such as viruses. Except as provided in any applicable limited warranty, you bear all risks associated with the use of our Services and any products purchased through them.

14. Limitation of Liability

  • The Vailstone LLC Parties will not be liable for any indirect, incidental, special, or consequential damages arising from or related to your use of our Services or these Terms, even if they were advised of the possibility of such damages. In jurisdictions where such exclusions are not allowed, these limitations may not apply.
  • The maximum liability of the Vailstone LLC Parties for any claims related to a product purchased via our Services will not exceed the greater of $100 or the product’s purchase price. For all other claims, the total liability is limited to $100.
  • These limitations do not apply to claims of personal injury, property damage, or damages resulting from gross negligence, fraud, or willful misconduct, or where liability cannot be excluded under applicable law.

15. Release

To the fullest extent permitted by applicable law, you release the Vailstone LLC Parties from all responsibility, liability, claims, demands, or damages of any kind and nature, whether known or unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the actions or omissions of third parties. You explicitly waive any rights under California Civil Code § 1542, as well as any other statutes or legal principles that would otherwise limit the scope of this release to claims you may know or suspect to exist in your favor at the time of agreeing to this release.

16. Dispute Resolution; Binding Arbitration

Please carefully read this section, as it requires you to resolve certain disputes and claims with Vailstone LLC through arbitration and limits your ability to seek relief through other means.

  • Except as outlined in Section 16(f), you and Vailstone LLC waive your rights to a jury trial and to resolve disputes in court. Instead, any disputes arising from or related to these Terms or our Services will be resolved through confidential binding arbitration under the Streamlined Arbitration Rules and Procedures (“Rules”) of Judicial Arbitration and Mediation Services (“JAMS”). These Rules are available on the JAMS website and are incorporated herein by reference. The arbitration will take place in the county of your residence. For claims under $25,000, either party may elect to conduct the arbitration via a telephonic hearing. You agree that you have read, understand, or waive any objection to the JAMS Rules and their applicability.
  • You and Vailstone LLC agree that any disputes arising out of or relating to these Terms or our Services will be resolved solely through individual arbitration and cannot be pursued as a class action, class arbitration, or other representative proceeding.
  • To the extent permitted by law, these Terms are governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), and the arbitrator has exclusive authority to resolve disputes, including procedural and substantive issues, within the confines of the FAA, these Terms, and the JAMS Rules. The arbitrator may not conduct a class arbitration or any other representative proceeding. For any arbitration initiated, the filing party will pay the initial filing fee, and the remaining JAMS fees will be split between the parties. Any appeals or enforcement of an arbitration award will fall under the exclusive jurisdiction of the state or federal courts in Summit County, Utah.
  • Any claim related to these Terms or our Services must be filed within one year of the event giving rise to the claim. Claims not filed within this timeframe are permanently barred.
  • You may opt out of binding arbitration within thirty (30) days of accepting these Terms by sending an email to [Insert Email]. Your opt-out notice must include your full name and a clear statement of your intent to opt out. If you opt out, disputes will be resolved under Section 17.
  • This arbitration section does not apply to (i) small claims disputes that may be brought in small claims court in the county of your billing address, or (ii) disputes seeking injunctive or equitable relief related to the unlawful use of intellectual property.

17. Governing Law and Venue

These Terms and your use of our Services are governed by the laws of Utah, excluding conflict of law rules that would apply laws of another jurisdiction. Disputes not subject to arbitration or small claims court will be resolved exclusively in the state or federal courts located in Summit County, Utah.

18. Export Compliance

Our Services and products may be subject to U.S. export control, customs, or economic sanctions laws (“Export Controls”). You agree to comply with all applicable Export Controls and confirm that:
a. You are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting”; and
b. You are not listed on any U.S. Government list of prohibited or restricted parties.

19. Government Users

This section applies if you are acting on behalf of a U.S. government agency. Any software provided through our Services is classified as “commercial computer software” or “commercial computer software documentation” under applicable regulations, including 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. Your rights are limited to those specified in these Terms.

20. Termination

We reserve the right, at our sole discretion and without prior notice, to terminate your access to or use of our Services, in whole or in part. We are not liable for any loss or harm resulting from the termination of your access or use of our Services.

21. Miscellaneous

If any provision or part of a provision within these Terms is found to be unlawful, void, or unenforceable, that specific provision or part will be considered severable from these Terms and will not impact the validity or enforceability of the remaining provisions. These Terms, along with any applicable Additional Terms, represent the entire agreement between you and Vailstone LLC regarding your access to and use of our Services. Vailstone LLC’s failure to exercise or enforce any right or provision of these Terms will not be construed as a waiver of that right or provision. Section titles within these Terms are provided solely for convenience and hold no legal or contractual significance. Unless explicitly stated otherwise, these Terms are intended exclusively for the benefit of the parties involved and do not grant any rights to third-party beneficiaries. You acknowledge and agree that all communications and transactions between you and Vailstone LLC may be conducted electronically.

22. Changes to Terms

We reserve the right to modify these Terms periodically. If changes are made, we will notify you through appropriate means, such as email, notices provided via our Services, or by posting the updated Terms on our Services with an updated “Last Updated” date. Unless stated otherwise in our notice, the revised Terms will take effect immediately. Your continued access to or use of our Services following such notice will constitute your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of our Services.

23. Contact information

If you have any questions or concerns regarding the Services or these Terms, please contact Vailstone LLC at: 2108 N ST, STE N, SACRAMENTO, CA 95816 or via email at

info@evocutter.com