Terms of Service

Last updated: October 12, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

This Terms of Service agreement ("Terms") governs your access to and use of the Evident software-as-a-service platform (the "Service") provided by TrstMnd, Inc., a Delaware corporation doing business as Evident ("Evident", "we", "us", or "our"). These Terms constitute a binding legal agreement between Evident and the entity agreeing to these Terms ("Customer", "you", or "your"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

By accessing or using the Service, or creating an account, you signify your agreement to these Terms and our Privacy Policy (incorporated herein by reference). If you do not agree to these Terms, do not use the Service.

We may update these Terms from time to time. We will provide notice of significant changes as described below. Continued use of the Service after updates constitutes acceptance of the revised Terms.

Data Protection; DPA

To the extent Evident processes Personal Information on behalf of Customer, the parties agree to comply with Evident's Data Processing Agreement (DPA), which is incorporated by reference into these Terms and automatically applies upon Customer's acceptance of these Terms where the processing of Personal Data is involved. Customers who require a countersigned copy for their records may request one by contacting privacy@evident.security. In the event of any conflict between these Terms and the DPA regarding privacy, security, or the processing of Personal Information, the DPA will control.

AI / Model Training; Prohibited Data Use

No Model Training on Customer Data. Evident will not, and will not permit any third party to, use any Customer data (including Questionnaire Content, prompts, and any outputs derived from Customer data) to train, fine-tune, validate, update, improve, or modify any artificial intelligence or machine learning model, including any third-party large language model. This prohibition applies regardless of whether the data is identified, de-identified, or aggregated, and is not waivable by course of dealing or implied consent.

Aggregated, De-Identified Insights. Evident may generate and use aggregated and irreversibly de-identified data derived from use of the Service (including for benchmarking, product analytics, service improvement, and industry insights), provided that such data (a) is stripped of all identifiers and any information that could reasonably be used, alone or in combination with other information, to identify Customer, any User, or any individual; (b) is aggregated with data from a sufficient number of other sources that no single Customer's data is identifiable or re-attributable; (c) is never re-associated with Customer or any individual; and (d) is never used to train, fine-tune, or improve any AI or machine learning model (as provided above). Evident will not disclose raw or individually attributable Questionnaire Content to any other customer or third party.

Third-Party Generative AI. Evident will not input Customer data into any third-party generative AI service except as necessary to provide the Service to Customer, and in such cases only under written obligations with the third party that (a) prohibit training on Customer data, (b) prohibit secondary use, and (c) limit retention to what is necessary to provide the service.

Description of Service

Evident provides a platform designed to assist software companies in automating responses to security questionnaires by leveraging user-provided context and third-party artificial intelligence models. The Service allows authorized users ("Users") designated by the Customer to upload Questionnaire Content (as defined below) and utilize the platform's tools to generate potential responses.

The Service includes features as described on our website or within the platform itself, which may be updated from time to time. We reserve the right to modify or discontinue features or the Service itself, subject to the terms herein.

Eligibility and Account Registration

Eligibility: The Service is intended solely for business use and is not available to consumers for personal, family, or household purposes. You must be authorized to act on behalf of the Customer entity.

Account Registration: To access the Service, you must register for an account, providing accurate and complete information (including User names, business emails, and company name).

Account Security: Customer is responsible for maintaining the confidentiality of all User account credentials and for all activities that occur under its accounts. Customer agrees to notify Evident immediately of any unauthorized use of its accounts. Evident is not liable for any loss or damage arising from Customer's failure to protect its account credentials.

User Management: Customer is responsible for managing its Users and ensuring their compliance with these Terms. Customer is responsible for the actions of its Users.

Service Plans, Fees, and Payment

Freemium Model: Evident operates on a freemium model.

• Free Tier: Customers may use the Service free of charge for a limited number of questionnaires per month ("Free Tier Limit"), as specified on our website or within the Service. The Free Tier Limit may be subject to promotional offers. Usage exceeding the Free Tier Limit requires upgrading to a paid plan.
• Paid Subscriptions: Features beyond the Free Tier Limit, or potentially enhanced features, require a paid subscription ("Paid Subscription"). Available plans and features are described on our website or service interface.

Subscription Terms: Paid Subscriptions are offered on a monthly or annual basis, as selected by Customer. Annual subscriptions may be offered at a discount compared to monthly subscriptions.

Auto-Renewal: Evident will send notices of renewal at 60 and 30 days before the renewal date to the email address that receives Customer invoices. Customer will retain the right to cancel up to 30 days after the renewal date and receive a pro-rata refund for unused services, which will terminate upon Evident's receipt of the notice of cancellation.

Fees: Current fees for Paid Subscriptions are listed on our website or service interface. Fees are subject to change (see Price Changes below). All fees are stated in U.S. Dollars.

Payment: Customer agrees to pay all applicable fees for the selected Paid Subscription. Payments for monthly and annual subscriptions are due in advance. We use a third-party payment processor (e.g., Stripe) for credit card payments. For certain plans, invoicing may be available subject to Evident's approval and invoicing terms. Customer authorizes Evident (or its processor) to charge the provided payment method for all fees incurred.

No Refunds: EXCEPT AS EXPRESSLY PROVIDED IN THE AUTO-RENEWAL SECTION ABOVE, ALL FEES ARE NON-REFUNDABLE. There are no refunds or credits for partially used periods, downgraded plans, or unused time if you cancel or terminate your account.

Price Changes: Evident reserves the right to change the fees for Paid Subscriptions upon reasonable prior notice. For existing subscriptions, price changes will take effect upon renewal. We will provide at least three (3) months' notice (e.g., via email or in-app notification) before price changes affecting existing subscriptions become effective.

Taxes: Fees listed do not include taxes. Customer is responsible for paying all applicable sales, use, value-added, withholding, or other taxes, duties, or levies associated with its subscription, other than taxes based on Evident's net income. If we are required to collect or pay taxes, we will invoice Customer unless a valid tax exemption certificate is provided.

Late Payments: Late payments may incur interest at the maximum rate permitted by law and may result in suspension or termination of access to the Service.

Intellectual Property Rights

Evident's IP: As between the parties, Evident owns and retains all right, title, and interest in and to the Service, including the underlying software, platform, technology, algorithms, workflows, user interface design, documentation, aggregated and anonymized data (including any benchmarking insights generated from such data), and all associated intellectual property rights ("Evident IP"). Subject to Customer's compliance with these Terms, Evident grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the applicable Subscription Term solely to access and use the Service for Customer's internal business purposes related to managing and responding to its security questionnaires.

Customer's IP: As between the parties, Customer owns and retains all right, title, and interest in and to the content uploaded by its Users to the Service, including the questions and answers contained within security questionnaires ("Questionnaire Content"). Customer grants Evident a limited, non-exclusive, worldwide, royalty-free license to access, use, process, store, reproduce, modify (e.g., for formatting), and display the Questionnaire Content solely as necessary to: (a) provide, maintain, secure, and update the Service for Customer; (b) prevent or address service, security, or technical issues; (c) generate aggregated, irreversibly de-identified insights (including benchmarking) subject to and in accordance with the "AI / Model Training; Prohibited Data Use" section above; and (d) comply with applicable law or legal process.

Feedback: If Customer or its Users provide Evident with any feedback, suggestions, or ideas regarding the Service ("Feedback"), Customer hereby grants Evident an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use, exploit, and incorporate such Feedback in any manner Evident deems appropriate, without any obligation or compensation to Customer.

Confidentiality

Definition: "Confidential Information" means any information disclosed by one party ("Discloser") to the other party ("Recipient") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Evident's Confidential Information includes, but is not limited to, non-public information regarding the Service's features, performance, technology, pricing, and future roadmap. Customer's Confidential Information includes, but is not limited to, non-public Questionnaire Content uploaded to the Service.

Obligations: The Recipient agrees to: (a) use the Discloser's Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms; (b) not disclose the Discloser's Confidential Information to any third party except as expressly permitted herein or with the Discloser's prior written consent; and (c) protect the Discloser's Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar importance, but in no event less than reasonable care. The Recipient may disclose Confidential Information to its employees, contractors, and agents who have a need to know for purposes consistent with these Terms and who are bound by confidentiality obligations at least as restrictive as those herein.

Exclusions: Confidential Information does not include information that: (a) is or becomes publicly known through no fault of the Recipient; (b) was known to the Recipient prior to disclosure by the Discloser without breach of any obligation owed to the Discloser; (c) is rightfully received from a third party without restriction on disclosure and without breach of any obligation owed to the Discloser; or (d) was independently developed by the Recipient without use of or reference to the Discloser's Confidential Information.

Compelled Disclosure: The Recipient may disclose Confidential Information of the Discloser if required by law or legal process, provided the Recipient gives the Discloser prompt prior notice (if legally permitted) to allow the Discloser an opportunity to contest the disclosure, and reasonably cooperates with the Discloser in such efforts.

Customer Obligations and Acceptable Use

Compliance with Laws: Customer agrees to use the Service in compliance with all applicable local, state, national, and international laws and regulations.

Content Responsibility: Customer is solely responsible for the accuracy, quality, legality, and appropriateness of all Questionnaire Content uploaded or processed using the Service. Customer represents and warrants that it has obtained all necessary rights, licenses, and consents required to upload, process, and use the Questionnaire Content in connection with the Service and to grant the licenses to Evident specified herein.

Consequences of Violation: Evident reserves the right to investigate potential violations of this Section. We may suspend or terminate Customer's access to the Service immediately without notice if we reasonably determine a violation has occurred, particularly for violations of the acceptable use policy. Procedures for termination due to abuse are further outlined below.

Service Levels, Support, and Maintenance

Service Availability Goal: While we strive for high availability, aiming for 99.5% uptime, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. Evident does not guarantee any specific level of uptime or service availability.

Support: Support for the Service is provided via email only during Evident's standard business hours (as may be posted on our website), on a best-effort basis. Support is included for paying subscribers; support for Free Tier users may be limited.

Maintenance: Evident may need to perform scheduled or unscheduled maintenance on the Service or its underlying infrastructure. We will use reasonable efforts to provide advance notice of scheduled maintenance that is expected to cause significant downtime, but we reserve the right to perform emergency maintenance without prior notice. Evident is not liable for any downtime or service unavailability due to maintenance.

Disclaimers

General Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EVIDENT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR COMPLETE.

AI Output Disclaimer: YOU ACKNOWLEDGE THAT THE SERVICE UTILIZES ARTIFICIAL INTELLIGENCE AND LARGE LANGUAGE MODELS TO GENERATE RESPONSES BASED ON THE QUESTIONNAIRE CONTENT YOU PROVIDE. THESE GENERATED RESPONSES ARE SUGGESTIONS ONLY AND MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS. GENERATED RESPONSES REQUIRE HUMAN REVIEW AND VALIDATION BY YOU FOR ACCURACY AND SUITABILITY FOR YOUR SPECIFIC PURPOSES. THE SERVICE AND ITS OUTPUT DO NOT CONSTITUTE LEGAL, SECURITY, COMPLIANCE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. EVIDENT EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR RELIANCE ON OR USE OF ANY OUTPUT GENERATED BY THE SERVICE.

Free Tier Disclaimer: FOR CUSTOMERS USING THE FREE TIER OR ACCESSING THE SERVICE DURING ANY INTRODUCTORY OFFER PERIOD, THE SERVICE IS PROVIDED STRICTLY "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOUR USE OF THE SERVICE DURING SUCH PERIODS IS ENTIRELY AT YOUR OWN RISK, AND EVIDENT DISCLAIMS ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

Exclusion of Certain Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING THE DISCLAIMERS IN SECTION 8, IF EVIDENT IS FOUND LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVIDENT'S TOTAL AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL BE LIMITED. THIS LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO EVIDENT FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL USERS, SUBJECT TO THE SPECIFIC PROVISION FOR FREE TIER USERS BELOW.

Free Tier Liability Cap: NOTWITHSTANDING THE FOREGOING, FOR CUSTOMERS USING THE FREE TIER OR DURING ANY INTRODUCTORY OFFER PERIOD, EVIDENT'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

Basis of Bargain: THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVIDENT AND CUSTOMER.

Term and Termination

Term: These Terms commence upon your acceptance and continue until terminated. The term for Paid Subscriptions will be monthly or annual, as selected by Customer, and will automatically renew in accordance with the Auto-Renewal section above unless cancelled as described below. Access under the Free Tier continues on a month-to-month basis until terminated by either party or upgraded to a Paid Subscription.

Termination by Customer: Customer may terminate a Paid Subscription by cancelling the renewal through their account settings or by providing written notice to Evident. Cancellation prior to the end of the then-current subscription term will be effective at the end of the current paid term. As described in the Auto-Renewal section, Customer may also cancel up to 30 days after an auto-renewal and receive a pro-rata refund for unused services, with service terminating upon Evident's receipt of the cancellation notice.

Effect of Termination: Upon termination or expiration: (a) Customer's right to access and use the Service will immediately cease; (b) any outstanding fees owed by Customer become immediately due and payable; (c) Customer is responsible for exporting its Questionnaire Content prior to termination.

Data Deletion: Following termination, Evident will delete Customer's Questionnaire Content within a commercially reasonable period (e.g., 30-90 days), unless legally required to retain it or for data retained in routine backups (subject to confidentiality obligations). For termination due to specific abuse outlined above, Customer may be granted a 30-day period post-termination to download their data before deletion.

Survival: Sections Intellectual Property Rights, Confidentiality, Disclaimers, Limitation of Liability, Effect of Termination, Survival, Indemnification, Governing Law and Dispute Resolution, and Miscellaneous shall survive any termination or expiration of these Terms.

Indemnification

By Customer: Customer agrees to defend, indemnify, and hold harmless Evident, its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's or its Users' access to or use of the Service in breach of these Terms; (b) Customer's breach of these Terms or violation of applicable law; (c) Questionnaire Content uploaded or processed by Customer or its Users, including any claim that such content infringes or violates a third party's intellectual property rights, privacy rights, or other rights, or is otherwise unlawful; or (d) Customer's negligence or willful misconduct.

By Evident: Evident agrees to defend, indemnify, and hold harmless Customer, its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) any claim that the Service, when used by Customer as permitted under these Terms, infringes or misappropriates a third party's intellectual property rights; or (b) Evident's gross negligence or willful misconduct. Evident will have no obligation under this Section to the extent a claim arises from (i) Customer's Questionnaire Content, (ii) Customer's modification or combination of the Service with materials not provided by Evident, or (iii) Customer's use of the Service in breach of these Terms.

Procedure: The indemnified party will promptly notify the indemnifying party in writing of any claim, reasonably cooperate with the indemnifying party's defense, and permit the indemnifying party to control the defense and settlement of the claim (provided that no settlement imposing liability or obligation on the indemnified party may be made without its prior written consent, not to be unreasonably withheld).

Cap: EACH PARTY'S INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION ARE SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH ABOVE.

Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Dispute Resolution; Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Wilmington, Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Class Action Waiver: YOU AND EVIDENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exception - Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights or confidentiality obligations.

Third-Party Services

The Service relies on and integrates with third-party services (such as hosting providers, AI model providers, and analytics tools). Evident is not responsible for the actions, omissions, availability, or security of such third-party services. Your use of any third-party services may be subject to separate terms and conditions provided by the applicable third party.

Notices

Notices to Customer may be provided via email to the address associated with the Customer's account or through postings within the Service interface.

Assignment

Customer may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without Evident's prior written consent. Any attempt to assign without consent will be void. Evident may assign these Terms (a) in connection with a merger, acquisition, or sale of all or substantially all of its assets, or (b) to an affiliate or in connection with an internal corporate reorganization, in each case provided that the assignee or successor assumes all obligations under these Terms and Evident provides prompt written notice to Customer after closing (which notice may be given by email to the billing contact on file or by posting within the Service).

Changes to Terms

Evident reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to the new terms taking effect (e.g., via email or in-app notification). What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.

Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy and any order forms or exhibits referencing these Terms, constitute the entire agreement between Customer and Evident regarding the Service and supersede all prior agreements or understandings.

Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.

Waiver: The failure of either party to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by the waiving party.

Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, war, government actions, or network or infrastructure failures.

Relationship of Parties: The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

No Third-Party Beneficiaries: Except as expressly provided herein (e.g., indemnified parties), there are no third-party beneficiaries to these Terms.

Headings: Headings are for convenience only and do not affect the interpretation of these Terms.