Services & Engagement

EverRise Performance LLC designs, deploys, licenses, and manages ACE, a proprietary Autonomous Computing Engine, for prime contractors, federal contractors, and U.S. government buyers. The Company is an infrastructure and platform provider — it is not a consulting agency, a staffing firm, a systems integrator of record, or a government agency, and nothing on this website or in these Terms should be construed as such.

All engagements are governed by these Terms together with any Statement of Work ("SOW"), License Agreement, or other written agreement executed between the Company and the Client. In the event of a conflict between these Terms and an executed agreement, the executed agreement controls with respect to that engagement.

AI & Automation Disclosure

Controlled autonomy, human authority preserved: ACE is architected to keep critical decision points under the authority of Client's authorized personnel. Client nonetheless acknowledges that the autonomous, agentic, and AI-driven components of ACE are experimental in nature and may produce outputs — including recommendations, routing decisions, or generated content — that contain errors, inaccuracies, or unintended results.

Performance disclaimer: ACE and all related platform capabilities are provided on an "AS IS" and "AS AVAILABLE" basis. The Company expressly disclaims all warranties of any kind, whether express, implied, or statutory, including any warranty of merchantability, fitness for a particular purpose, or non-infringement.

Intellectual Property

Background IP: The Company retains sole and exclusive ownership of ACE, including its underlying software, source code, architecture, prompts, automation frameworks, methods, and all other proprietary processes (collectively, "Background IP"), whether developed before, during, or after any engagement with Client.

Licensed access, not code ownership: ACE is made available to Client solely under a limited, non-exclusive, non-transferable license granted under the applicable SOW or License Agreement. This holds true regardless of deployment model — including under the Company's Bring Your Own Cloud ("BYOC") model, where ACE runs within infrastructure controlled by the Client. The Company does not transfer source code or software ownership under BYOC or any other deployment model, and Client is not authorized to copy, reverse-engineer, modify, or create derivative works of ACE or any Background IP.

Client data and environment: Client retains ownership of its own data and of the infrastructure environment in which ACE is deployed. Nothing in these Terms grants the Company ownership of Client's data, systems, or infrastructure.

Client Obligations

Client is responsible for:

• Reviewing, verifying, and approving all outputs and actions generated or executed by ACE before relying on them operationally.
• Ensuring all data provided to the Company, or made accessible to ACE, is accurate, lawfully obtained, and properly licensed.
• Maintaining compliance with all applicable laws, regulations, and third-party terms of service, including any federal acquisition regulations or agency-specific data-handling requirements that apply to Client's own procurement activity.
• Not submitting classified information, Controlled Unclassified Information (CUI), or other sensitive government data to the Company through this website or any unauthorized channel.
• Maintaining the security of the Client-controlled infrastructure environment in which ACE is deployed under a BYOC engagement.

Performance & Results Disclaimer

EverRise Performance LLC does not guarantee specific operational outcomes, cost savings, processing speed, contract awards, or other results from the use of ACE or the Company's Services. Any case studies, examples, or illustrations referenced by the Company are provided for illustrative purposes only and do not represent typical or guaranteed results for any particular Client, use case, or federal contracting environment.

Indemnification

Client agrees to indemnify, defend, and hold harmless EverRise Performance LLC, with their respective officers, employees, and agents, from and against any and all claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from Client's use of ACE, any autonomous or automated workflows executed through the platform, or Client's breach of these Terms.

Dispute Resolution & Arbitration

Any dispute arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in Sheridan, Wyoming.

Where Client is a U.S. government entity engaging the Company under a separate government contract, the dispute resolution provisions of that contract and applicable federal law will govern to the extent required by law, and this section applies only to the extent consistent with such contract.

Governing Law

These Terms shall be governed by the laws of the State of Wyoming, without regard to its conflict of law principles.

Government Customers & No Federal Affiliation

EverRise Performance LLC is a privately held Wyoming limited liability company. It is not a U.S. government agency, and it is not affiliated with, endorsed by, or sponsored by SAM.gov or any federal, state, or local government entity.

References on this website or in these Terms to prime contractors, government buyers, or federal contracting workflows describe the Company's target market and use cases only, and do not constitute a government endorsement or an existing contractual relationship. Any direct engagement with a government buyer is governed by the specific contract vehicle, purchase order, or agreement executed for that engagement, together with these Terms to the extent not superseded by such contract.

Contact Information

Questions about these Terms should be directed to the Company using the details in the section below.