Brand name and registered business name

Evolute Institute is the public facing brand name of “Evolute Institute B.V.”. In the Terms and Conditions the name “Evolute Institute” refers to the legal entity “Evolute Institute B.V.”, trading as Evolute Institute, as well as its representatives.

General Overview

The use of evolute-institute.com (“Website”), including all materials presented herein and all online services provided by Evolute Institute B.V. (“Company,” “we,” “us”, “our”) is subject to the following Terms and Conditions. These Terms and Conditions apply to any services, material, content, or resources made available through the Website (“Services”). These Terms and Conditions apply to all site visitors, customers, and all other users of the Website. By using the Website or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

The Use of the Website and Services

To access or use the Website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Website. Information provided on the Website and in the Services related to retreat experiences involving the use of psychotropic substances, including psilocybin-containing truffles provided by legal smartshops in the Netherlands, and other related information is subject to change. Evolute Institute B.V. makes no representation or warranty that the information provided (“Content”), regardless of its source, is complete, accurate, up-to-date, reliable, or free of errors. Evolute Institute B.V. disclaims all liability for any incompleteness, inaccuracy, or error in the Content and reserves the right to correct errors in descriptions and pricing from.

Application to Use Services

In order to use the Services, you may be required to complete an application form and to provide personal information about yourself including your details such as your full name, email address, postal address, date of birth and other personal information. You agree that any information that you provide to Evolute Institute B.V. will always be truthful, accurate, correct to the best of your knowlege, and current. You agree to not impersonate someone else or to provide any information or an email address that is not your own. We aim for all participants to have had an exploration call with one of our staff members prior to booking our Services. This call will take place via telephone or any other convenient telecommunication platform (e.g. Zoom). The call will not be recorded unless specifically requested and with your permission. The staff members of Evolute Institute may take notes during the call for later recollection, or for sharing with other relevant staff members.

Refusal of Service

The Services are offered subject to our acceptance of your application and payment. We reserve the right to refuse to service any person or entity, without the obligation to provide an explanation. We may at any time change or discontinue any aspect or feature of the Website or Services, subject to fulfilling our previous responsibilities to you based on acceptance of your payment.

Payment

You acknowledge that Evolute Institute reserves the right to offer sales or discounts on the full retail price of our Services without compensation if you paid a higher price.

Lawful Purposes

You may use the Website and Services only for lawful purposes. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate purposes only. You agree to refrain from posting or transmitting through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, invasive of publicity or privacy rights,  obscene, vulgar, profane, or otherwise objectionable, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the material you provide to Evolute Institute B.V. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Website or Services. Content you submit to Evolute Institute B.V. remains yours to the extent that you have any legal claims therein. You agree to hold Evolute Institute B.V. harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Website, you grant to us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

Our Intellectual Property

The Website and its entire contents, features and functionalities (incl. but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and Services contain intellectual property owned by Evolute Institute B.V., including copyrights, trademarks, proprietary information, and other intellectual property. You may not modify, (re-)publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, (publicly) display, reproduce, download, store or in any way exploit in any format whatsoever any of the Website or Services Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Services, without refund, if you violate this intellectual property policy.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Material Submitted to the Website

You are not allowed to upload, post, share or otherwise make available on the Website any photos, artwork, or other materials (collectively, “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You will be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. With respect to any and all Materials submitted by you to the Website, you expressly represent and warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or the rights of any third parties.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by the posting of the new Terms and Conditions on this Website. Any use of the Website or Services after being notified means you accept these changes. We reserve the right to update any part of our Website and Services, including these Terms and Conditions, at any time. We will post the most up to date version to the Website and list the effective date on this page.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or services. Additionally, we are not liable for damages in connection with (a) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (b) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property; and (c) loss of revenue, anticipated profits, business, savings, goodwill or data, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if the Evolute Institute B.V. has been advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall the cumulative liability of Evolute Institute B.V. to you exceed the total purchase price of the services you have purchased from Evolute Institute B.V., and if no purchase has been made by you, the cumulative liability of Evolute Institute B.V. to you shall not exceed €100.

Third-Party Resources

The Website and the Services may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the accuracy, availability, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Evolute Institute B.V.. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Website or Services. You shall provide to us such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing to us such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior consent in written form.

Dispute Resolution

If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting Evolute Institute.

Entire Agreement; Waiver

These Terms and Conditions constitute the entire agreement between you and Evolute Institute B.V. pertaining to your use of the Website and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by Evolute Institute B.V. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Evolute Institute B.V.

Notices

All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:

Evolute Institute B.V.
Korte Lijnbaanssteeg 1
Office no. 4277
1012SL, Amsterdam
The Netherlands

Governing Law

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the Netherlands as applied to contracts that are executed and performed entirely in the Netherlands. The exclusive venue for any proceeding based on or arising out of these Terms and Conditions shall be in the city of Amsterdam, Netherlands.

Assignment of Rights and Obligations

You may not assign, delegate, sublicense, or otherwise transfer your rights and obligations under these Terms and Conditions. Any transfer, assignment, delegation, or sublicense by you is deemed invalid.

Disclaimer

This Website is an informational resource only. You acknowledge that none of the information on the website is either medical or legal advice. Any Content provided on this Website or in any communication with Evolute Institute B.V. is not a substitute for professional medical advice, diagnosis, or treatment for a specific medical condition. You assume full responsibility for how you use the Content. Always seek the advice of your medical doctor or other qualified healthcare provider about any health-related questions you have. Evolute Institute B.V. does not guarantee the outcome of following the recommendations provided and any statements about the potential outcome are expressions of opinion only. We make no guarantees about the information and recommendations provided herein. By continuing to use, read, or participate on the Website, you acknowledge that we cannot guarantee any particular result because outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on the Website is at your own risk. If you need professional medical advice, counselling, or therapy, it is your responsibility to contact a licensed professional. The legal information presented on the site is for information purposes and serves as general information, and you are responsible for knowing the laws of your own municipality / place of residence. The information we present does not encourage or condone the use of psychotropic substances where it is against the law. Evolute Institute B.V. does neither provide nor sell psilocybin-containing truffles or any other psychotropic substances.

Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Last update: March 2024