Refund Policy

1.1 Evelyst is made by Evelyst Software Publishing, a sole proprietorship registered with the Department of Trade and Industry (Business Name No. 8503538) ("Evelyst", "we", "us"). "You" and "Customer" mean the business or person that holds an Evelyst account. "Service" has the meaning given in our Terms of Service (/terms section 2.2). "Customer Data" means the data you put into the Service, as defined in the Terms.

1.2 Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle handles payment, invoices, tax and the issuing of refunds. You can raise a billing question with Paddle at paddle.net or with us at support@evelyst.com, and we will work it out with Paddle. We decide on the guarantees in this policy and handle product support.

1.3 Charges appear on your card or bank statement under Paddle's name, sometimes followed by ours.

1.4 Our prices are set in US dollars. Paddle adds sales tax, VAT or GST where the law of your country requires it, so the total you pay can differ from country to country.

1.5 This policy applies alongside Paddle's Refund Policy and Paddle's Buyer Terms, which form your contract with Paddle for each purchase. A right that Paddle's documents give you still applies even if this policy doesn't mention it.

1.6 Our Terms of Service refer to this policy for cancellation and refunds. If this policy and our Terms of Service differ, the Terms apply, except that where this policy gives you a more generous right to cancel or to a refund, that right applies.

1.7 Each section starts with a plain sentence to help you read it. Where a plain sentence and the full text differ, the full text applies.

2.1 Nothing in this policy excludes, restricts or modifies any right or remedy you have under consumer protection law that cannot lawfully be excluded, including the Australian Consumer Law, the Consumer Act of the Philippines (Republic Act No. 7394), the Internet Transactions Act of 2023 (Republic Act No. 11967) and similar laws in other countries. Where such a law gives you more than this policy does, the law applies.

2.2 If you buy as a consumer, you may also have a short right to cancel after purchase through Paddle in some countries, such as Canada and Singapore, as set out in Paddle's Refund Policy.

2.3 Paddle may also grant a refund itself, at its discretion, on a request made within 14 days of a charge, under Paddle's Refund Policy. Paddle's discretion is an extra route to a refund. It never reduces the refunds in this policy.

2.4 Where this policy says we don't refund for "change of mind" or for unused time, that covers only refunds you ask for because you no longer want the Service or didn't use all of it. It never limits a refund owed because something went wrong, under Section 7 or under the law.

3.1 For customers in Australia, the following statement applies:

"Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract."

___ (missing: confirm the reg 90 services wording verbatim against the Competition and Consumer Regulations 2010 on legislation.gov.au)

3.2 Australian business customers whose purchase from us costs A$100,000 or less are covered by these guarantees, as all of our plans are.

3.3 The refunds in Section 7 are given by Evelyst (named in Section 1.1), support@evelyst.com. They cover failures during any period you have paid for. To claim, follow Section 12. Claiming costs you nothing, and we bear our own costs of handling a claim. These benefits are in addition to your other rights and remedies under the law.

4.1 The Free plan has no charge, so there is nothing to refund.

4.2 The trial gives you 14 days of a paid plan. It needs no payment card. We never charge you when a trial ends. You move to a paid plan only by choosing one and paying through Paddle's checkout.

4.3 If a trial ends and you haven't chosen a paid plan, your account continues on the Free plan. The Free plan covers the Analyst only, so Evelyst POS stops working for your stores when a trial of POS + Analyst ends.

5.1 A monthly plan renews each month on the same date, at the price you subscribed at (or a new price under Section 10), until you cancel it.

5.2 You can cancel at any time. Cancellation takes effect at the end of the month you have paid for. You keep full access until then, and you are not charged again.

5.3 We don't give refunds for change of mind, or for the unused part of a month after you cancel. You can still ask Paddle for a refund within 14 days of any charge under Paddle's Refund Policy (Section 2.3), and Sections 2, 3 and 7 still apply to monthly plans.

5.4 At least once every 12 months, we email the account owner with the plan, the monthly price and how to cancel.

6.1 30-day guarantee. If you ask within 30 days of your first annual payment (by emailing support@evelyst.com, or by asking Paddle and mentioning this guarantee), we refund all of it, with no conditions and no questions asked. The refund includes the tax charged and any prorated charges added to that subscription in the same 30 days (for example, for extra stores). Your subscription then ends, and your account continues on the Free plan. "First annual payment" means the first time your account pays for a year of any paid plan.

6.2 Renewals and later annual payments. If you ask within 14 days of any later annual payment (a renewal, or restarting an annual plan after it ended), we refund that payment in full, with no conditions. Your subscription then ends, and your account continues on the Free plan.

6.3 You can cancel an annual plan at any time. Cancellation takes effect at the end of the year you have paid for. You keep full access until then, and you are not charged again. Outside Sections 6.1 and 6.2, we don't give refunds for change of mind or for unused months. Sections 2, 3 and 7 still apply to annual plans.

6.4 Renewal reminder. We email the account owner 30 to 40 days before each annual renewal. The email states the plan, the renewal date, the amount you will be charged (with tax where Paddle can work it out in advance), and how to cancel. Paddle may also send its own reminder.

7.1 Charges made in error. If you are charged twice, charged the wrong amount or for the wrong plan, or charged after your cancellation took effect, we refund the amount charged in error in full.

7.2 Outages and failures. If the Service is unavailable for a prolonged period, or fails in a material way to work as described, because of something caused by Evelyst or by a provider we use to run the Service, we give you a pro-rata refund or a credit for the affected time, whichever you choose.

7.3 Core features removed. If we remove a core feature of your paid plan during a period you have paid for, you may cancel and receive a pro-rata refund of the unused part of that period.

7.4 Termination without cause. If we end your subscription or close your account without cause (cause means a breach of our Terms of Service, as set out at /terms), we refund the unused part of the period you have paid for, pro rata.

7.5 A monthly renewal you forgot. If a monthly plan renews and nobody has used your account since that renewal, we refund that renewal charge in full and cancel the subscription. "Used" means that, after the renewal charge, someone signed in to your account, asked the Analyst a question, or added data to it (including sales rung up on Evelyst POS).

7.6 Refunds in our other terms. Our Terms of Service and Data Processing Addendum also refund prepaid fees for the unused period in these cases: an account closed because it is based in a country where we don't offer the Service (/terms section 3.3); your cancelling after we lower a usage limit on your paid plan (/terms section 5.10); our ending the Service or your Terms on notice (/terms section 13.4); our ending part of the Service because of an intellectual property claim (/terms section 16.1); your cancelling over a change to the Terms that is to your disadvantage (/terms section 18.4); and your ending part of the Service after objecting to a new sub-processor (___ (missing: the Data Processing Addendum page is not published in this build) section 9.5).

7.7 The refunds in this Section apply on every plan and at any time. The change-of-mind limits in Sections 5, 6 and 8 do not apply to them. To claim one, follow Section 12.

8.1 POS + Analyst includes 2 stores. Each store from the 3rd costs an extra US$9.99 a month or US$99 a year.

8.2 Upgrades take effect straight away. Upgrades are moving from the Analyst plan to POS + Analyst, moving from monthly to annual billing, and adding a store from the 3rd onward. Paddle charges a prorated amount for the rest of your current billing period, plus tax. When you move from monthly to annual billing, Paddle credits the unused part of your month against the annual price. From your next renewal, you pay the whole, non-prorated price of the new plan (your early-access price, if you keep it under Section 9).

8.3 Downgrades take effect at your next renewal. Downgrades are moving from POS + Analyst to the Analyst plan, moving from annual to monthly billing, and removing a store. Until the renewal, you keep what you have paid for. We don't refund or credit the rest of the current period for a downgrade. Sections 2, 3, 6.1, 6.2 and 7 still apply.

8.4 Paddle works out prorated amounts from the time left in your billing period.

9.1 The first 50 customers to pay for a paid plan get these early-access prices: the Analyst plan at US$19.99 a month or US$199 a year, and POS + Analyst at US$29.99 a month or US$299 a year, with 2 stores included. Stores from the 3rd onward are charged at the standard US$9.99 a month or US$99 a year.

9.2 You keep your early-access price at every renewal while your subscription stays active. A price change under Section 10 does not affect it.

9.3 Your early-access price ends only if:

• (a) your subscription is cancelled and is not restarted within 30 days of the day it ends; or
• (b) you switch between the Analyst plan and POS + Analyst.

A subscription that Paddle cancels because a payment failed counts as cancelled.

9.4 Changing between monthly and yearly billing on the same plan, or adding or removing stores, does not end your early-access price. If you change billing interval, you move to the early-access price for the new interval.

9.5 After your early-access price ends, any new subscription is at the list price at that time. Before you confirm a plan switch, we show you the price you will pay.

10.1 We may change our list prices. We email the account owner at least 30 days before a new price applies to your subscription. If that email goes out more than 30 days ahead, we also send a reminder that arrives between 7 and 30 days before the new price applies.

10.2 A new price applies from your first renewal on or after the date the change takes effect. It never applies to a period you have already paid for.

10.3 You can cancel before the new price applies, under Sections 5 and 6, and you will not be charged the new price.

10.4 Early-access prices are not affected while you keep them (Section 9).

10.5 A change in the tax that Paddle is required to collect is not a price change by us, though it can change the total you pay.

11.1 You can cancel at any time:

• (a) through the link to manage your subscription in any Paddle receipt or confirmation email, or through Paddle's customer portal at paddle.net; or
• (b) by emailing support@evelyst.com from the email address on your account, or with your Paddle order number.

11.2 You can also cancel in the app, under Settings → Billing. ___ (missing: confirm in-app cancel exists at launch)

11.3 If your cancellation email reaches us before your renewal date, your subscription ends at the end of the current paid period and is not renewed, even if we act on your email later. If a renewal is charged after your email arrived, we refund it in full.

11.4 We confirm every cancellation by email, with the date your paid access ends.

11.5 Cancelling stops future charges. It does not by itself refund the current period (see Sections 5, 6 and 7) or delete your data (see Section 14).

12.1 Email support@evelyst.com and tell us which charge you'd like refunded. Include the Paddle order number from your receipt. If you can't find it, the email address you paid with is enough.

12.2 For a refund under Section 6.1, 6.2 or 7.1, there is nothing to decide: we ask Paddle to issue it within 2 business days of your email. For other refunds under Section 7, we acknowledge your request within 48 hours and give you our decision within 7 calendar days of receiving it.

12.3 Refunds are issued by Paddle to your original payment method, in the currency you paid in, including the tax charged on the refunded amount. How long the money takes to reach you depends on your bank or card provider.

12.4 If we decline a request under Sections 7.2 to 7.5, we tell you why in writing. You can still ask Paddle under its Refund Policy, and you can use any complaint route the law gives you, including the Department of Trade and Industry in the Philippines.

12.5 You can also contact Paddle directly about any charge through paddle.net.

13.1 If something is wrong with a charge, please contact us first under Section 12. It is usually the fastest way to get your money back.

13.2 Disputing a charge with your bank or card provider remains your right.

13.3 While a chargeback is open, we may pause your access to the Service if we reasonably suspect the dispute is fraudulent or an abuse. We don't delete Customer Data because of a dispute. If the dispute is resolved in your favour or withdrawn, we restore your access.

14.1 Cancelling a paid plan does not delete your Customer Data.

14.2 When your paid period ends, your account continues on the Free plan, with the Free plan's limits. The Free plan covers the Analyst only, so Evelyst POS stops working for your stores. Your POS records stay stored with your account until it closes; our Privacy Policy (/privacy) explains how long we keep data.

14.3 You can ask for a copy of your Customer Data at any time while your account is open, and for 30 days after it closes, by emailing privacy@evelyst.com or support@evelyst.com from the account owner's email address. We prepare it by hand and send it to that address. We send it as CSV files.

14.4 You can ask us to close your account by emailing privacy@evelyst.com or support@evelyst.com from the account owner's email address. We keep Customer Data for 30 days after your account closes, so you can still ask for a copy, and delete it from our live systems at the end of those 30 days, and from any backups within 60 days of closing. If you asked for a copy in time under Section 14.3, we send it before we delete. We keep only: (a) what the law requires us to keep; and (b) what we need to establish or defend a legal claim, and only for as long as that need lasts. Billing records are held by Paddle, under Paddle's privacy notice, and by us as the tax rules require.

14.5 Our Privacy Policy (/privacy) explains what we keep and for how long. For personal data you put into the Service about other people, such as your staff, see our Data Processing Addendum (___ (missing: the Data Processing Addendum page is not published in this build)).

15.1 This policy takes effect on ___ (missing: effective date, the day the page is published). The date it was last updated is shown at the top of this page.

15.2 A change applies only to payments made after the change takes effect. Each payment is governed by the version of this policy in force when it was made.

15.3 If a change reduces your rights to cancel or to a refund, we email the account owners of active subscriptions at least 30 days before it takes effect.

15.4 Earlier versions of this policy are available on request from support@evelyst.com.