Terms of Service

Section 1. Overview

These are the terms of use (“Terms”) for the websites and services owned and controlled by Eva Pet, Inc. (“Eva”), including evapup.com and its subdomains, any other website, application, or tool where these Terms appear or are referenced, and your visits to or interactions with us in our stores or elsewhere (collectively, the “Sites”). These Terms govern your use of the Sites and your conduct regardless of how you access them.

PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, DESCRIBED IN SECTION 23.

If you register for an Eva account, you will have four pages associated with it: a Profile page, a Pup page for your dog, a Lists page containing your Eva Puppy List, and an Account page. None of these pages is visible to anyone but you.

BY USING THE SITES, YOU AGREE TO THESE TERMS, INCLUDING THE CLASS ACTION AND JURY TRIAL WAIVERS, AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SITES.

We also interact with you on third-party platforms such as Instagram, Facebook, Pinterest, TikTok, and YouTube (“Third Party Sites”). Eva does not control those platforms and these Terms do not apply to companies Eva does not own or control. Check the terms posted on each Third Party Site.

Eva may change these Terms at any time. When we do, we post the new version on the Sites and update the date above. Changes are effective when posted and apply to any future dispute regardless of when the underlying interaction occurred. Review these Terms periodically.

To keep it simple: When you use our Sites, you agree to our rules, and we can update the rules.

Section 2. Copyright

All design, text, graphics, logos, icons, images, audio and video, their selection and arrangement, and all software on the Sites are Copyright 2026 Eva Pet, Inc., all rights reserved. The compilation of all content on the Sites is Eva’s exclusive property and is protected by U.S. and international copyright law. Software used on the Sites belongs to Eva or its suppliers. You may copy or print portions of the Sites solely to place an order or use the Sites as a shopping and planning resource. Any other reproduction, modification, distribution, republishing, transmission, or display without Eva’s prior written permission is prohibited.

To keep it simple: Our content is ours. Use it to shop and plan for your dog; ask us before using it elsewhere.

Section 3. Trademarks

The Sites and their page headers, custom graphics, and icons are trademarks, service marks, or trade dress of Eva and may not be used in connection with any product or service not offered by Eva in a way that is likely to confuse customers. Other trademarks, product names, and company names appearing on the Sites belong to their respective owners, including the retailers and brands whose products are listed on the Sites.

Section 4. Product information

Products sold on the Sites can be ordered and delivered only within the United States. Prices for Eva products are quoted in U.S. dollars and are valid only in the United States. Canadian pricing is not yet available.

Reference to any product, service, or information by trade name, trademark, manufacturer, or supplier does not constitute or imply endorsement by Eva.

Material on the Sites is intended for personal, educational, and informational purposes. Eva attempts to be accurate but does not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free. Statements about products made by manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other agency, and the products are not intended to diagnose, treat, cure, or prevent any condition or disease.

Third-party retailer offers. The Sites display prices and availability for products sold by other retailers. This information comes from affiliate networks, retailer data feeds, and publicly available product pages, is refreshed periodically, and is shown with the time it was last checked. Eva does not guarantee the accuracy of third-party prices or availability. Any purchase you make from another retailer is governed by that retailer’s terms.

AI-generated content. Eva may use artificial intelligence to summarize product information, to answer questions through Ask Eva, and to extract product details from web addresses you submit. AI outputs may not capture every nuance and may contain errors. Eva does not guarantee their completeness or accuracy. Read full product descriptions and consult a professional before relying on them for a purchasing or care decision.

Not veterinary advice. Use all products according to their instructions. Check ingredients to avoid allergic reactions. Nothing on the Sites, including Ask Eva, is a substitute for professional veterinary or medical advice. Consult your veterinarian regarding any question about your dog’s health or the suitability of any product. Eva does not give veterinary advice and does not represent itself as a veterinary professional.

Personal use. Products and samples from Eva are for your personal use and may not be resold. Eva may cancel or reduce any order that would violate these Terms and may limit quantities available for purchase.

To keep it simple: We work hard to be accurate, but we are not veterinarians, and prices at other stores can change. Products are for personal use, not resale.

Section 5. Color information

Eva tries to display product colors accurately, but the colors you see depend on your screen and may not be exact.

Section 6. Accounts and age

To create an account you must be at least 13 years old. If you are a resident of Colorado, Connecticut, Delaware, Maryland, or New Jersey, you must be at least 18. We collect your date of birth and state of residence at sign-up to apply these rules. Accounts held by people under 18 do not receive marketing communications, targeted advertising, or session replay, and Ask Eva conversations for those accounts are not stored beyond the session.

You are responsible for keeping your login credentials secure and for all activity under your account. If you choose to stay signed in, protect your device. Notify [email protected] promptly if you suspect unauthorized use.

Section 7. The Eva Puppy List and adding products from other websites

What the Eva Puppy List is. The Eva Puppy List is a private planning tool for your dog. It is not a registry. It cannot be shared, and no one other than you can view it.

Adding products by web address. You can add a product to your list by submitting the web address of a product page from any retailer. When you do, Eva retrieves publicly available product information from that page and from our affiliate and price-comparison partners, including the product’s name, images, price, and availability, to create a list entry. Product names, images, and prices retrieved from other websites belong to those websites and are shown for your reference.

Use of list activity. Eva stores the product records created from the addresses you submit and uses list activity in aggregate, across all customers, to understand which products are in demand and to decide what Eva carries. This aggregate use does not identify you. See our Privacy Policy for details.

Your responsibility. You are responsible for the web addresses you submit. Do not submit addresses for products or content that are unlawful or that you do not have the right to access. Eva may refuse, remove, or merge entries in its discretion.

Purchases. Buying from Eva through your list uses our online store and its terms. Buying from another retailer through a link on your list is a transaction with that retailer under its terms.

To keep it simple: Your list is yours and private. Add anything from anywhere; we look up the details and keep prices current. We use what everyone adds, in aggregate, to decide what to stock.

Section 8. Affiliate links

Eva participates in affiliate programs, including Amazon Associates, Sovrn Commerce, and the affiliate programs of Chewy, Petco, and other merchants. When you click a link on the Sites to another retailer and make a purchase, Eva may earn a commission at no additional cost to you. Affiliate relationships do not influence which products we recommend in our guides. A disclosure appears wherever affiliate links are shown.

Section 9. Ask Eva

Ask Eva is an AI assistant that answers questions using Eva’s published guides and product catalog. It may be inaccurate or incomplete. It does not provide veterinary or medical advice, and it will decline questions about diagnosis, dosing, and emergencies and direct you to a veterinarian. In an emergency, contact a veterinarian immediately. Conversations are retained for 90 days and can be deleted from your Account page; conversations on accounts held by people under 18 are not stored beyond the session. Do not include personal information about other people in your questions.

Section 10. Pack Privé

Pack Privé is Eva’s loyalty program, operated for Eva by LoyaltyLion. Membership is free and begins when you create an Eva account. Members earn points on purchases at the Eva store and for other activities listed on the Pack Privé page, including creating an account, completing your dog’s profile, entering your dog’s breed and birthday, following Eva on social media, writing reviews, completing surveys and polls, and referring friends. Points can be redeemed for discounts on Eva store purchases and for donations Eva makes on your behalf to The Ocean Cleanup or a charity you choose, at the rates shown on the Pack Privé page. Tiers are based on your spending at the Eva store in a calendar year and reset each year; tier benefits are described on the Pack Privé page. Points have no cash value, cannot be transferred or sold, are forfeited if your account is closed or terminated for a violation of these Terms, and expire twelve months after your last qualifying activity. Referral rewards are issued only for a friend who creates an account and completes a first qualifying purchase, and the referrer may choose to receive the reward, donate it to an animal shelter in their name, or split it. Eva may change point values, rewards, tiers, or any program rule, or end the program, at any time with notice on the Pack Privé page; changes do not affect points already earned. Donation rewards are made by Eva in its own name and are not tax-deductible by you. Eva may withhold or reverse points that were earned through error, fraud, returns, or cancelled orders.

To keep it simple: Join free, earn points for shopping and for keeping your dog’s profile up to date, redeem them for discounts or donations. Points expire after a year of inactivity and we can adjust the program with notice.

Section 11. Ratings and reviews

If you have purchased a product from the Eva store, you may be invited to rate and review it. Reviews are collected and displayed through TurnTo and are moderated for compliance with these Terms. By submitting a review you represent that it reflects your honest opinion and actual experience with the product, that you have disclosed any compensation, free product, or other material connection in accordance with the Federal Trade Commission’s endorsement guides, and that it does not contain medical or veterinary advice, personal information about others, or content that infringes any right or violates any law. You grant Eva and TurnTo a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, display, and distribute your review, including on the websites of the brand whose product you reviewed and other retailers in the TurnTo network. Reviews displayed on the Sites may also include reviews written on the websites of brands and other retailers and syndicated to Eva; these are shown with attribution to their source and are governed by the terms of the site where they were written. Eva does not endorse any review and may remove any review in its discretion.

Section 12. Your content

You may upload a photo of your dog, add notes to your list, answer profile questions about your dog, and send messages to Ask Eva and to customer service (together, “Your Content”). Your Content is private to your account. Eva does not publish it. You represent that you own or have the right to upload any photo you provide and that Your Content does not violate any law or the rights of any person. You grant Eva a license to store, process, and display Your Content to you for the purpose of operating the Sites and providing services to you. Eva may remove Your Content that violates these Terms.

Ideas, suggestions, or proposals you send to Eva are not confidential, Eva may already be working on something similar, and you are not entitled to compensation for them.

Section 13. Acceptable use

You agree not to circumvent, disable, or interfere with security features of the Sites; interfere with or disrupt the Sites or the servers and networks connected to them; or bypass robot exclusion headers. Except as expressly permitted by these Terms, you may not copy, reproduce, modify, create derivative works from, distribute, republish, reverse engineer, scrape, data mine, or extract any content, technology, or data from the Sites. Use of any system or software to extract data from the Sites to develop or train artificial intelligence is prohibited.

Section 14. Third-party content and sites

The Sites contain content from third parties and links to Third Party Sites, including retailers and brands whose products appear on the Sites. Eva does not monitor, approve, or control third-party content or sites and does not guarantee, endorse, or adopt their accuracy or completeness. You use them at your own risk.

To keep it simple: We link to other stores and show their prices. We do not control them and are not responsible for them.

Section 15. Mobile access

If you access the Sites from a mobile device, we do not charge for that access, but your carrier’s normal data and messaging rates apply. If you opt in to text messages from us, message frequency varies and you may reply STOP to opt out.

Section 16. Reservation of rights

Eva may terminate or suspend your access to the Sites at any time, without notice, in its sole discretion. Eva may access, preserve, and disclose your account information and Your Content if required by law or in a good-faith belief that doing so is necessary to comply with legal process, enforce these Terms, respond to claims that Your Content violates the rights of others, respond to your customer service requests, or protect the rights, property, or safety of Eva, its users, or the public.

Section 17. Disclaimer of warranties

EVA PROVIDES THE SITES AND THEIR CONTENT ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THEM. TO THE FULLEST EXTENT PERMITTED BY LAW, EVA DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EVA DOES NOT WARRANT THAT INFORMATION ON THE SITES, INCLUDING THIRD-PARTY PRICES AND AVAILABILITY AND AI-GENERATED CONTENT, IS ACCURATE, COMPLETE, OR CURRENT. Some jurisdictions do not allow the exclusion of implied warranties, so some exclusions may not apply to you. Price and availability information is subject to change without notice.

Section 18. Limitation of liability

EVA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.

If you choose to remain signed in on a device, anyone with access to that device may be able to access and use your account. You are responsible for protecting against unauthorized access to your devices and account, and this limitation of liability applies to any loss resulting from such access.

Section 19. Indemnification

You agree to defend, indemnify, and hold harmless Eva and its officers, directors, agents, subsidiaries, employees, and service providers from all claims, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of your misuse of the Sites, your violation of these Terms, a breach of your representations regarding Your Content, your violation of any law or the rights of a third party, or any claim that Your Content caused damage to a third party. This obligation survives termination of these Terms.

Section 20. DMCA

If you believe your work has been copied to the Sites in a way that constitutes copyright infringement, send Eva’s designated copyright agent a written notice containing: a physical or electronic signature of the person authorized to act for the copyright owner; a description of the copyrighted work; a description of where the material is located on the Sites; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; your name, address, telephone number, and email address; and a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Eva’s designated copyright agent is [AGENT], Eva Pet, Inc., 5900 Balcones Drive, Suite 100, Austin, TX 78731, [email protected].

Section 21. Fraud protection

We screen orders for fraud and other unauthorized or illegal activity. We may refuse or cancel an order, contact you to confirm it, cancel an account, or refuse to ship to certain addresses where we suspect fraud or a violation of our policies.

Section 22. Privacy and communications

By providing your email address, you agree that Eva and its service providers may use it to contact you about your account, your Eva Puppy List, and administrative matters, and for other purposes permitted by law. Marketing emails are sent only with your consent and can be stopped at any time from any email or from your Account page. Our Privacy Policy at evapup.com/privacy explains how we collect and use personal information.

Section 23. Legal disputes, class action waiver, jury trial waiver

If a dispute arises between you and Eva, contact [email protected] first. Most disputes can be resolved by our customer service team.

TO THE EXTENT PERMITTED BY LAW, YOU AND EVA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR IT IS PERMANENTLY BARRED. This sentence does not apply to New Jersey residents.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING. PLEASE READ CAREFULLY; IT AFFECTS YOUR LEGAL RIGHTS.

NO CLASS ACTIONS. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

WAIVER OF JURY TRIAL. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES, WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY.

Section 24. Choice of law and forum

These Terms are governed by the laws of the State of Texas, excluding its conflict of law rules. You consent to the exclusive jurisdiction and venue of the courts located in Dallas County, Texas.

Section 25. Waiver and severability

Eva’s failure to enforce any provision of these Terms is not a waiver of that provision or any other. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, without affecting the remaining provisions.

Section 26. English language

It is the express wish of the parties that these Terms and all related documents be drawn up in English.

Section 27. Notice to California consumers

Under California Civil Code Section 1789.3, California consumers are entitled to the following notice: the provider of the Sites is Eva Pet, Inc., 5900 Balcones Drive, Suite 100, Austin, TX 78731. For questions or complaints, write to that address or email [email protected] with “California 1789.3 Inquiry” in the subject line. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 1-800-952