Forever Evolving Program Terms and Conditions

Last Updated: May 29, 2026

This Agreement is between Evolving Prowess Limited (the "Company", "us", or "our") and you (the "Customer" or "you"). It governs your participation in the Forever Evolving loyalty discount program (the "Program").

1. Acceptance

By participating in the Program, accessing our website, or accepting a Program discount at checkout, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you must not participate in the Program.

2. Program Eligibility & Automation

To be eligible for the Program, you must:

(a) hold a valid, active customer account with the Company through Shopify, its e-commerce platform;
(b) be logged into that account at the time of your original qualifying purchase; and
(c) be logged into that same account when claiming or receiving a discount under the Program.

The Program is powered by Shopify, an automated e-commerce application (the "Shopify App") that tracks verified purchase history. No physical or digital promo codes are required. Eligible discounts will be automatically detected and applied at checkout based on your account status.

3. Age Restriction

You must be at least eighteen (18) years of age to participate in the Program or use the Company’s website. By participating, you represent and warrant that you meet this age requirement. The Company disclaims all liability for any misrepresentation of age.

4. Discount Amount

Eligible customers will receive a discount of twenty-five percent (25%) off the regular listed retail price of a qualifying replacement item (the "Discount") and cannot be applied to any discounted or sale prices. The Discount has no cash value and cannot be redeemed for store credit, gift cards, cash equivalents or refunds.

5. Program Launch Date & Legacy Purchases

For qualifying purchases made on or after the Launch Date, the Program will automatically apply.

For qualifying purchases made prior to the Launch Date, you may contact us (as described under Section 13), to request a Program discount. Retroactive Program discounts must be issued by us manually.

6. Eligibility Window

You must redeem the Discount within one (1) year from the date of your original qualifying purchase. Any unused Discount will automatically expire after that period. If you miss or anticipate missing the eligibility window, refer to Section 13.

7. Product Requirements

To qualify for the Discount, the replacement item must be identical in style and colour to your original purchase. Only the size may differ. Variances in style or colour are subject to the discretionary review process in Section 13.

8. One Discount Per Original Item

You are entitled to one (1) Discount for each original item purchased at full retail price. Discounted or on-sale items will not generate a Discount under this Program.

9. Program Integrity and Anti-Exploitation

The Program is for personal consumer use only. Customers are prohibited from engaging in third-party resale, sharing accounts, stacking a Discount with a refund of the same item or otherwise exploiting the Program (each a "Prohibited Activity").

If the Company reasonably suspects a customer is engaged in a Prohibited Activity, the Company may revoke the customer’s Program eligibility, void all unused Discounts and terminate the customer’s account without notice.

10. Unlimited Discounts Per Checkout

Customers may apply an unlimited number of Discounts within a single checkout transaction.

11. Discount Non-Stackable

The Discount may not be combined with any other promotional code, discount, sale, markdown, clearance event or offer. If multiple discounts are available, you must select one to apply.

12. How to Claim the Discount

To claim the Discount through the standard checkout process:

(a) log into the account used for the original purchase;
(b) add the qualifying replacement item (matching style and colour, different size) to your cart; and
(c) proceed to checkout, where the automated system will verify your account and apply the Discount.

If the Shopify App fails to apply an expected discount, or if you require assistance in resolving an issue, follow the process in Section 13.

13. Extenuating Circumstances and Discretionary Relief

The Company may, in its sole and absolute discretion, waive or modify specific conditions of this Agreement on a case-by-case basis.

Customers may contact customer support at info@evolvingprowess.ca to request discretionary relief under the following circumstances:

(a) Discontinued or Out-of-Stock Items: If the exact matching colour and style is permanently discontinued or entirely out of stock;
(b) System Issues: If you believe you have a valid qualifying purchase but the automated system fails to apply the Discount;
(c) Retroactive Pre-Launch Claims: If you are claiming a Discount based on a purchase made between December 1, 2025 and the Launch Date; or
(d) Personal Circumstances: If you have personal circumstances (such as extended travel or a change of primary residence) that prevent you from using the Discount within the eligibility window.

If the Company denies your request, you may request a brief written explanation. A denial of discretionary relief does not create any right of appeal or liability on the part of the Company. This explanation requirement is intended to comply with the transparency principles of the Consumer Protection Act (Alberta).

To qualify for discretionary relief, you must contact customer service within the original one (1) year eligibility window. Any request received after that window is void. All determinations under this Section are final and binding.

14. Modification of this Agreement

The Company may modify this Agreement at any time.

(a) Amendments become effective immediately upon posting to the Company’s website, except for material amendments that adversely affect your rights under the Program. Material adverse amendments will take effect fourteen (14) days after we notify you by email or prominent notice on our website.
(b) If you do not agree to a material adverse amendment, your sole remedy is to cease participating in the Program before the amendment takes effect. Amendments that are beneficial to you or are required by law may take effect immediately.
(c) If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed or, where possible, construed or reformed to the minimum extent necessary to make it valid and enforceable while preserving the original intent. The remainder of this Agreement shall continue in full force and effect. If a provision cannot be severed or reformed, the parties agree to negotiate in good faith a replacement provision that achieves the original commercial purpose to the greatest extent legally permissible.

15. Suspension or Termination of the Program

The Company may suspend or terminate the Program by providing at least thirty (30) days’ notice via website posting or email to active participants. The program name "Forever Evolving" is a marketing description only and does not create any contractual obligation that the Program will continue indefinitely or in its current form beyond the terms expressly set out in this Agreement.

Upon termination, any Discounts already earned and active before the notice of termination will be honoured until they expire under their respective one-year eligibility windows, unless the Program is terminated due to legal restrictions, regulatory changes, or insolvency. The Company reserves the right to refuse or rescind participation in the Program to any individual for any reason at any time.

16. Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its directors, officers, employees, and agents shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your participation in the Program, including without limitation any loss of utility, software errors, checkout failures, expiration of benefits, or modification, suspension, or termination of the Program.

17. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, and agents from any third-party claims, liabilities, damages, and costs (including reasonable legal fees) arising out of or relating to your misuse of the Program, breach of this Agreement, or fraudulent conduct. The Company may select its own legal counsel and direct its own defence in any matter subject to indemnification.

18. Class Action Waiver

To the fullest extent permitted by the Class Proceedings Act (Alberta) and applicable Canadian law, you agree that any dispute arising out of or relating to this Agreement or the Program will be resolved on an individual basis. You waive any right to commence, join, or participate in a class proceeding, consolidated proceeding, or representative action against the Company. If a court of competent jurisdiction finds this waiver unenforceable with respect to any particular dispute, that dispute shall be severed from this Agreement and litigated individually, and the remainder of this Agreement shall remain in full force and effect.

19. Privacy and Electronic Communications

By participating in the Program, you acknowledge that the Company will collect, track, and process data relating to your purchase history and account activity to administer Program benefits. All data handling is governed by the Company’s Privacy Policy. Pursuant to Canada’s Anti-Spam Legislation (CASL) and Alberta’s Personal Information Protection Act (PIPA), you consent to receive operational electronic messages, transaction-specific emails, and account updates necessary to manage your Program benefits.

Separately, by creating an account or participating in the Program, you may be asked to provide express consent to receive commercial electronic messages, including promotional offers and Program updates. Any such consent is governed by the Company’s separate email marketing subscription and may be withdrawn at any time by following the unsubscribe instructions in those messages.

20. Entire Agreement

This Agreement constitutes the entire understanding between the parties regarding the Program and supersedes all prior or contemporaneous agreements or representations, whether oral or written, concerning the Program.

21. Governing Law and Jurisdiction

This Agreement and the Program are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any legal proceeding arising out of or relating to this Agreement must be brought exclusively in the courts of Calgary or Edmonton, Alberta, and you irrevocably attorn to the exclusive jurisdiction of those courts.