Terms of Service

Ever Release helps companies release working software effectively and predictably. Our Offerings include:

• Sites and content - marketing pages, the ReleaseFlow library under Resources, and related educational materials.
• Delivery Gap Assessment - a free self-assessment tool that surfaces structural delivery signals and suggested next steps.
• ReleaseFlow Book + Operator Kit - digital (and, when offered, physical) learning materials to learn and apply the ReleaseFlow structure.
• ReleaseFlow 101 - a hands-on course to practice ReleaseFlow while you ship (when available; waitlist and enrollment terms may apply).
• Ever Release Project - our project and release management platform engineered for real delivery (when available; waitlist, beta, and subscription terms may apply).
• Professional services - including Ever Release Software On Demand, Tech Debts & Legacy Modernization, and Project Management, typically scoped in a separate proposal, statement of work, or order form (each a “Service Agreement”).

If a Service Agreement, order form, or product-specific terms conflict with these Terms for a paid engagement, the Service Agreement or product-specific terms control for that engagement.

You must provide accurate information when you contact us, join a waitlist, take the Assessment, or create an account for a product. You are responsible for activity under your credentials and for keeping them confidential.

The Offerings are intended for business and professional use by adults. You must be at least 18 years old (or the age of majority where you live) to enter a binding agreement with us.

We may refuse, suspend, or terminate access where reasonably necessary to protect the Sites, Offerings, other customers, or to comply with law.

You may browse the Sites and Resources for your internal business purposes. You may not scrape, copy at scale, or republish our content except as allowed by law or with our prior written consent.

The Delivery Gap Assessment is an informational tool. Results are based on the answers you provide. They are not legal, financial, or professional delivery advice, and they do not guarantee any release date, scope, quality outcome, or fitness of a particular Offering for your situation.

Consultations booked through the Sites are exploratory conversations unless a Service Agreement says otherwise. A consultation does not create an obligation to purchase or to deliver a project.

When you purchase or are granted access to the ReleaseFlow Book, Operator Kit, ReleaseFlow 101, Ever Release Project, or similar products, we grant you a limited, non-exclusive, non-transferable license to use those materials or that software for your internal business purposes, subject to these Terms and any product-specific license or subscription terms shown at purchase or signup.

Unless we agree in writing, you may not:

• Resell, sublicense, or publicly redistribute product materials or course content.
• Share login credentials beyond the seats or users you purchased.
• Copy ReleaseFlow materials to create a competing methodology product or training offering.
• Reverse engineer, interfere with, or attempt unauthorized access to Ever Release Project or related systems.

Waitlists for products that are not yet generally available do not guarantee a launch date, pricing, feature set, or invitation. Joining a waitlist does not create a paid subscription until you complete a purchase or accept a separate order.

For Ever Release Project, you retain ownership of content you submit into the product (“Customer Content”). You grant us a limited license to host, process, and display Customer Content solely to provide and improve the product. You are responsible for Customer Content and for securing necessary rights to submit it.

Software On Demand, Tech Debts & Legacy Modernization, and Project Management are delivered under a Service Agreement that describes scope, fees, timeline, and responsibilities.

• Software On Demand - we design and deliver working software against an agreed finish line. Ownership of custom work product is as stated in the Service Agreement (typically, you own deliverables upon payment; we retain our pre-existing tools, frameworks, and ReleaseFlow-related intellectual property).
• Tech Debts & Legacy Modernization - we modernize or replace systems while keeping delivery tied to shippable outcomes. Access to your systems, data, and environments is governed by the Service Agreement and our Privacy Policy.
• Project Management - your people execute the work; we install and run ReleaseFlow so delivery stays structured and accountable. We do not become your employer of record for your team unless a written agreement says otherwise.

You agree to provide timely access, decisions, and materials reasonably required for us to perform. Delays caused by missing access or decisions may shift dates and fees as set out in the Service Agreement.

Unless the Service Agreement states a specific warranty, professional services are provided in a professional and workmanlike manner. Delivery dates in marketing materials are illustrative; committed dates live only in the Service Agreement.

You agree not to:

• Use the Offerings in violation of law, including export, sanctions, or privacy laws.
• Upload malware, attempt to disrupt the Sites or products, or probe systems without authorization.
• Harass, spam, or submit false or misleading information in forms or assessments.
• Infringe others’ intellectual property or privacy rights.
• Use the Offerings to build a competing product by systematically extracting our non-public materials or product behavior.

Ever Release and its licensors own the Sites, Offerings, ReleaseFlow methodology materials, branding, software, documentation, and all related intellectual property. These Terms do not transfer ownership of our IP to you.

“ReleaseFlow,” “Ever Release,” and related names and marks are trademarks of Ever Release. You may not use them in a way that implies partnership or endorsement without our prior written consent.

Feedback you share about the Offerings may be used by us without obligation to you. Feedback does not include your confidential business information shared under a Service Agreement or NDA.

If we exchange confidential information under a Service Agreement or NDA, those terms apply. Otherwise, non-public business information shared in consultations or engagements should be treated as confidential and used only to evaluate or perform the relevant Offering.

Information you submit through public marketing forms (contact, waitlist, Assessment) is handled under our Privacy Policy and is not automatically treated as your confidential information unless we agree in writing.

Fees for products and services are as shown at checkout, on an invoice, or in a Service Agreement. You are responsible for applicable taxes. Payment terms (including deposits and milestone billing) are set in the applicable order or Service Agreement.

Unless a product page, checkout flow, or Service Agreement states a refund policy, fees are non-refundable once digital access is granted or service work has begun. If a subscription product is offered, cancellation stops future renewals; it does not automatically refund past periods.

The Sites and Offerings may link to or integrate with third-party tools (for example payment processors, email, scheduling, or analytics). Those tools are governed by their own terms and privacy policies. We are not responsible for third-party services you choose to use.

Except as expressly stated in a Service Agreement or required by law, the Sites and Offerings are provided “as is” and “as available.” We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.

We do not warrant that use of ReleaseFlow, the Assessment, a course, Ever Release Project, or our services will achieve any particular release date, revenue, cost saving, or business result. Software delivery involves risks outside our exclusive control, including your decisions, dependencies, and environments.

To the fullest extent permitted by law, Ever Release and its directors, officers, employees, and contractors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to the Sites or Offerings, even if advised of the possibility of such damages.

Our aggregate liability arising out of or related to these Terms or the Offerings will not exceed the greater of (a) the amounts you paid us for the Offering giving rise to the claim in the twelve (12) months before the claim, or (b) one hundred US dollars (USD $100) if you have not paid us for that Offering.

Some jurisdictions do not allow certain limitations. In those cases, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes liability that cannot be excluded by law (including for fraud or willful misconduct).

You will defend and indemnify Ever Release against claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the Offerings, your Customer Content, your violation of these Terms, or your infringement of third-party rights, except to the extent caused by our willful misconduct.

These Terms apply while you use the Sites or Offerings. You may stop using the Sites at any time. We may suspend or terminate access for breach or risk to the Offerings. Provisions that by nature should survive (including IP, disclaimers, limitation of liability, and indemnity) survive termination.

Service Agreements may include separate termination, wind-down, and payment-on-termination terms that control for that engagement.

We may update these Terms from time to time. The effective date at the top will change when we do. Continued use of the Sites or Offerings after an update constitutes acceptance of the revised Terms. For material changes affecting a paid subscription or active Service Agreement, we will provide notice as required by that agreement or by law.

These Terms are governed by the laws of Canada and the province or territory where Ever Release maintains its principal place of business, without regard to conflict-of-law rules. Courts in that province or territory will have exclusive jurisdiction, except that we may seek injunctive relief in any venue for IP or unauthorized access claims.

If a provision is unenforceable, the remainder stays in effect. These Terms, together with the Privacy Policy and any applicable Service Agreement or product terms, are the entire agreement for the subject matter. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Notices to Ever Release may be sent to info@everrelease.com. Notices to you may be sent to the email you provided or posted on the Sites.