All rights reserved
As soon as you click or tap a button indicating your acceptance of these Terms, sign a reference document or use the Services, you confirm your acceptance of these Terms.
If you plan to use the Services on behalf of an organization, you accept these Terms on behalf of that organization and declare that you have the authority to do so. In this case, « you » and « your » will refer to the organization in question.
Evey will treat your Content confidentially, and will use and disclose it only in accordance with these Terms (including Evey’s privacy policies). However, your Content is not considered confidential if: (a) it is or becomes public (other than by Evey’s failure to comply with these Terms); (b) he was legitimately known to Evey before you communicated to her; (c) it is provided by a third party to Evey who is not aware of any breach of any obligation against you; (d) it is shared when you migrate your account to an organization’s Enterprise account, if your account is registered with a business email address within that organization; or (e) it was developed independently by Evey without reference to your content. Evey may disclose your Content if required by law or by law, but only if permitted by law, after using all commercially reasonable means to inform you and allow you to challenge this disclosure obligation.
Evey will store and process your Content in accordance with industry safety standards. Evey has appropriate technical, organizational and administrative systems, policies and procedures in place to help ensure the security, integrity and privacy of your Content and mitigate the risk of unauthorized access or use of your Content.
In the event that a « security incident » is brought to Evey’s attention, i.e. unauthorized or illegal access to personal data associated with your account, or its acquisition, tampering, use, disclosure or destruction, Evey will take reasonable steps to inform you as soon as possible, at least within 72 hours of knowing it. Evey will reasonably cooperate with you with respect to any investigation of a Security Incident by preparing the necessary notices and providing you with any other related information that you may reasonably have requested, if this information is not already available to you in your account or online through updates provided by Evey.
2. Your Content
2.1. You remain the owner of your Content
and all intellectual property rights to your Content. Evey does not claim any property on your Content. These Terms do not give us any licenses or rights to your Content, except for the limited rights we need to provide you with the Services and the other cases described here.
2.2. Limited License to Use Your Content
You grant Evey a free, universal license to use, reproduce, distribute, modify, adapt, create spin-off works, display public and otherwise use your Content, but only for the limited purpose of providing the Services and in accordance with Evey’s privacy policies. This limited license remains in effect even after you stop using our Services, with respect to aggregated and depersonalized data from your Content and any residual backup copies of your Content made as part of Evey’s normal business run. This license also extends to trusted third parties with whom we work as much as necessary to provide you with the Services.
2.3. Customer list
Evey may identify you (by name or logo) as one of her clients for Evey Services and other promotional material. Any additional customers resulting from the use of your name or logo will be an advantage for you.
2.4. Other Intellectual Property Claims
Evey respects the intellectual property rights of third parties, and we expect our users to do the same. If you believe that an Evey user is violating your intellectual property rights, you can contact Evey Support. Claims for copyright infringement must follow the DMCA procedure presented in these Terms or any other equivalent procedure available in accordance with local law.
3. Evey Intellectual Property
3.1. Evey’s Intellectual Property
Neither these Terms nor your use of Services grant you ownership of the Services or the content you access through the Services (other than your Content). Unless authorized by Evey, these Terms do not grant you any rights to use Evey’s trademarks or other components of her trademark.
4. User content
4.1. User content
The Services reveals content provided by third parties that does not belong to Evey. This content is the exclusive responsibility of the entity that makes it available. As a result, you are responsible for your own Content, and you are required to ensure that you have all the rights and permissions necessary to use this Content within the Services framework. Evey disclaims any responsibility for the actions you take regarding your Content, including its public release. Please do not use the content of the Services without first obtaining the owner’s consent or having legal permission to do so.
4.2. Content verification
You acknowledge that, as part of its legal obligations, Evey may be required to verify certain content submitted to the Services to determine its legality or any possible breach of these Terms (as in cases where illegal content is reported to us). We may also modify the content, make it inaccessible, delete it or refuse to display it if we believe it violates the law or these Terms. Evey, however, has no other obligation to monitor or verify the content submitted to the Services.
4.3. Third-party resources
In her Services, Evey can post links to third-party-administered websites. Evey does not claim to have verified these third-party websites, and disclaims any responsibility for these sites or their content. The trademarks that appear in connection with the Services are the property of their respective owners.
5. Account management
5.1. Protecting your password
When Evey opens an account for using the Services, it is your responsibility to protect your password and all other identifiers used to access the account in question. You alone, not Evey, are responsible for activities that take place on your account (other than activities for which Evey is directly responsible and which are not carried out in accordance with your instructions), whether or not they are authorized. If you are aware of unauthorized access to your account, you should notify Evey immediately. Accounts should not be shared and can only be used by one individual.
5.2. Updated coordinates
Evey occasionally sends notifications to the email address associated with your account. You are therefore asked to keep your email address and, if necessary, your personal details and bank details up to date so that they are always accurate.
It’s your responsibility to keep your Content up to date, protect it and make backups. Within the limits permitted by applicable law, Evey cannot be held responsible for a storage failure, loss or deterioration of your Content.
5.4. Account inactivity
Evey reserves the right to terminate your account and delete its contents if there is no activity on the account (e.g., login or payment) for more than 12 months. However, we will try to notify you by email before terminating your account, so you can log in to keep it active.
6. User requirements
6.1. Legal status
As a natural person, you can only use the Services if you have the authority to enter into a contract with Evey. If you do not have the authority to enter into a contract, you cannot use the Services. If you are not a natural person, you guarantee to be duly constituted, to possess a legal existence under the laws of your constitution, to have the powers and authority to accept these Terms and to have duly empowered your agent to commit to you under these Terms.
Individuals under the age of 13 (this age limit may be higher in some countries) are considered « minors »). The Services are not intended to be used by Minors. If you are a minor in your place of residence, you cannot use the Services. As soon as you use the Services, you declare and guarantee that you are not a minor.
You can only use the Services if you are not prohibited by virtue of applicable laws. If you are in a country under U.S. embargo or prevented by any other applicable law from benefiting from the Services, or if you are on the U.S. Department of Commerce’s list of unauthorized persons or entities, or the U.S. Treasury Department’s list of specifically designated nationals, you are prohibited from purchasing Services from Evey. You will ensure that: (a) your end-users do not use the Services in violation of any U.S. restrictions or embargoes, and (b) you do not provide access to Services to individuals or entities on the above lists.
7. Acceptable uses
7.1. Legal compliance
You declare and guarantee that you will comply with all laws and regulations applicable to your use of the Services.
7.2. Your responsibilities
You are responsible for your conduct, content and communications with third parties while using the Services. You are required to comply with the following requirements when using the Services:
(a) You cannot purchase, use, or access the Services for the purpose of creating a competing product or service, or for any other competitive purpose.
(b) You cannot misuse our Services by impeding their normal functioning, or by attempting to access them other than through the interfaces and instructions we provide.
(c) You cannot bypass or attempt to circumvent Evey’s limits on your account (such as opening a new account to conduct a survey that we closed for breach of Terms).
(d) Unless you have written permission from Evey, you cannot probe, scan or test the vulnerability of an Evey system or network.
(e) Unless written permission from Evey, you cannot use manual or automated software or system to extract or capture data from websites or other interfaces that allow us to offer our Services.
(f) Unless you are authorized by applicable law, you cannot deny access to third-party services or do or attempt to do reverse engineering.
(g) You must not transmit viruses, malware, or other types of malware, or links to such software, through the Services.
(h) You cannot overuse or overuse the Services, that is, a use that significantly exceeds ordinary usage patterns, which negatively affects the speed, responsiveness, stability, availability or functionality of the Services for other users. Evey will endeavour to inform you of any misuse or excessive use in order to allow you to reduce it to a level acceptable to Evey.
(i) You cannot use the Services to violate the intellectual property rights of third parties or to engage in illegal activity.
(j) Unless written permission from Evey, you cannot resell or rent the Services.
(k) If your use of the Services requires you to comply with applicable industry regulations, you will be solely responsible for complying with them, unless Evey agrees otherwise. You cannot use the Services in a way that would subject Evey to the so-called sector regulations without obtaining prior written permission from Evey. For example, you cannot use the Services to collect, protect or process « protected health information » (as defined in Title 45 of the Federal Regulations Code – 160.103 [45 C.F.R. – 160.103] under applicable federal regulations in the United States) without entering into a separate partnership agreement with Evey that allows you to do so.
(l) You cannot use bots or other automated methods to record accounts.
8. Changes and updates
8.1. Changes to The Terms
Evey may make changes to these Terms at any time for a number of reasons, including to accommodate changes in applicable law or updates to the Services, as well as to accommodate new Services or features. The latest version will still be available on Evey’s website. In the event of an essential change, determined at Evey’s sole discretion, Evey will notify you by email. A change notice can also be posted on Evey’s blog or posted when you log in to your account. The changes will take effect on the day they are published. In order for certain amendments to take effect, the applicable law may require Evey to obtain your consent or to inform you sufficiently in advance. If you do not wish to accept changes to the Terms for a Service, then you must stop using the Service in question, because by continuing to use the Services you indicate your agreement to be linked to the Updated Terms.
8.2. Service Changes
Evey is constantly making changes and improvements to the Services. Evey can add, modify or remove a feature from a Service at any time and without notice. Evey may also limit, suspend or interrupt a Service at her discretion. If a Service is interrupted, we will notify you well in advance to allow you to export a copy of your Content from the Service in question. Evey may remove content from the Services at any time and at her sole discretion, but we will endeavour to notify you in advance if this has a significant impact on you and if circumstances permit.
9. Notice of non-responsibility and limitations of liability
9.1. Notice of non-responsibility
While it is in Evey’s best interest to bring you the greatest satisfaction in the use of the Services (which is most important to us), there are some aspects on which we cannot make any promises. We strive to ensure the availability of our Online Services, but they can sometimes be interrupted for a variety of reasons. UNLESS EXPRESSLY AVAILABLE HERE AND WITHIN THE LIMITS PERMITTED BY APPLICABLE LAW, SERVICES ARE PROVIDED « AS IT STANDS » AND EVEY PROVIDES NO GUARANTEE OF ANY KIND, EXPRESS, IMPLIED OR REGULATORY, INCLUDING MARKET QUALITY, ADEQUACY FOR A PARTICULAR USE AND NON-COUNTERFEITING OR REPRESENTATIONS REGARDING THE AVAILABILITY, RELIABILITY OR ACCURACY OF SERVICES.
9.2. Excluding certain responsibilities
WITHIN THE LIMITS PERMITTED BY APPLICABLE LAW, EVEY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSEES MAY NOT BE HELD LIABLE FOR (A) ANY INDIRECT, IMMATERIAL, SPECIFIC, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, OR (B) ANY LOSS OF USE, DATA, ACTIVITIES, INCOME OR PROFIT (DIRECT OR INDIRECT), ARISING FROM OR RELATING TO SERVICES AND THESE CONDITIONS. , REGARDLESS OF THE MERITS OF THE CLAIM (CONTRACT, CIVIL OFFENCE, STRICT LIABILITY), EVEN THOUGH EVEY WAS WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ESSENTIAL PURPOSE OF AN APPEAL FAILED.
9.3. Limitation of liability
WITHIN THE LIMITS PERMITTED BY APPLICABLE LAW, THE CUMULATIVE LIABILITY OF EVEY AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS AND LICENSEES RELATED TO OR ARISING FROM THE SERVICES AND THESE CONDITIONS WILL NOT EXCEED THE HIGHEST OF THE FOLLOWING AMOUNTS: (A) THE AMOUNTS YOU PAID EVEY FOR THE USE OF THE SERVICES IN QUESTION IN THE 12 MONTHS PRIOR TO THE EVENT THAT RESULTED IN LIABILITY; AND (B) $200.00 USD.
We recognize that the laws of some jurisdictions give rights to consumers who cannot be waived by contract or that consumers cannot forego. If you are a consumer, there is no provision in these Terms that limits those consumer rights.
If you are a company, you will compensate and clear Evey, its affiliates, directors, agents and employees of any damages, liabilities and costs (including settlement and reasonable legal fees) (« compensation amounts ») arising from a third party’s claim or in connection with the use of the Services or a violation of these Terms by yourself or your end-users, to the extent that such damages , responsibilities and expenses are your own or that of your end-users.
© 2021 EVEY TECHNOLOGIES INC. ALL RIGHTS RESERVED