Terms of use

Introduction


These Terms of Use ("TOS") detail the conditions under which Evey and its affiliates provide their Services, as well as the terms of use and access to said Services.

When you click or tap on a button indicating your acceptance of these Terms, sign a document referring to them or use the Services, you confirm your acceptance of these Terms.

If you plan to use the Services on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have authority to do so. In this case, “you” and “your” will refer to the organization in question.

1. Acceptable Uses

1.1. Legal compliance

You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.

1.2. Your responsibilities

You are responsible for your conduct, your Content and your communications with third parties while using the Services. You are required to comply with the following requirements when using the Services:

(a) You may not purchase, use, or access the Services for the purpose of creating a competitive product or service, or for any other competitive purpose.

(b) You may not misuse our Services by interfering with their normal operation, or by attempting to access them other than through the interfaces and according to the instructions that we provide to you.

(c) You may not circumvent or attempt to circumvent any limits placed by Evey on your account (such as opening a new account to conduct a survey that we have closed for violating the Terms).

(d) Unless authorized in writing by Evey, you may not probe, scan or test the vulnerability of any Evey system or network.

(e) Unless authorized in writing by Evey, you may not use any manual or automated software or system to extract or capture data from websites or other interfaces through which we provide our Services.

(f) Unless permitted by applicable law, you may not deny access to the Services to third parties or reverse engineer or attempt to reverse engineer.

(g) You must not transmit viruses, malware, or other types of malicious programs, or links to such software, through the Services.

(h) You may not misuse or excessively use the Services, meaning use that materially exceeds ordinary patterns of use, which adversely affects the speed, responsiveness, stability, availability or functionality of the Services for other users. Evey will endeavor to notify you of any misuse or excessive use so that you can reduce it to a level acceptable to Evey.

(i) You may not use the Services to violate the intellectual property rights of third parties or to engage in any illegal activity.

(j) Unless authorized in writing by Evey, you may not 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 compliance with them, unless Evey agrees otherwise. You may not use the Services in a way that would subject Evey to such industry regulations without obtaining Evey's prior written permission. For example, you may not use the Services to collect, protect, or process "protected health information" (as defined in Title 45 Code of Federal Regulations § 160.103 [45 C.F.R. § 160.103] under applicable United States federal regulations) without entering into a separate partnership agreement with Evey that allows you to do so.

(l) You may not use robots (“bots”) or other automated methods to register accounts.

2. Changes and updates

2.1. Changes to Terms

Evey may make changes to these Terms at any time for many reasons, including to reflect changes in applicable law or updates to the Services, as well as to reflect new Services or features. The most recent version will always be available on the Evey website. In the event of a material change, determined at Evey's sole discretion, Evey will notify you by email. A change notice may also be posted on Evey's blog or displayed when you log into your account. The modifications will take effect on the day of their publication. In order for certain changes to take effect, applicable law may require Evey to obtain your consent or to notify you sufficiently in advance. If you do not wish to accept any changes to the Terms for a Service, then you must discontinue use of that Service, as your continued use of the Services indicates your agreement to be bound by the updated Terms.

2.2. Changes to the Services

Evey is constantly making changes and improvements to the Services. Evey may add, modify or remove a feature of a Service at any time without notice. Evey may also limit, suspend or discontinue a Service at its discretion. If a Service is interrupted, we will give you sufficient notice 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 in its sole discretion, however we will endeavor to notify you in advance if there is a material impact to you and circumstances permit.

3. Disclaimer and Limitation of Liability

3.1. Disclaimer

Although it is in Evey's interests to provide you with the greatest satisfaction in using the Services (which is what we care about most), there are certain 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 various reasons. except as expressly provided herein and to the maximum extent permitted by applicable law, the services are provided "as is" and evey makes no warranties of any kind, express, implied or statutory, including merchantability, fitness for a particular purpose and non-infringement or representations as to the availability, reliability or accuracy of the services.

3.2. Exclusion of certain liabilities

to the maximum extent permitted by applicable law, evey, its affiliates, directors, employees, agents, suppliers, and licensors shall not be liable for (a) any indirect, consequential, consequential, specific, incidental, punitive or exemplary damages , or (b) any loss of use, data, business, revenue or profit (direct or indirect), arising from or in connection with the services and these terms, regardless of merits claim (contract, tort, strict liability), even if evey has been advised of the possibility of such damages and even if the essential purpose of any remedy has failed.

3.3. Limitation of Liability

to the maximum extent permitted by applicable law, the cumulative liability of evey and its affiliates, directors, employees, agents, suppliers and licensors in connection with or arising from the services and these terms shall not exceed the greater of the following : (a) the amounts you paid to evey for use of the relevant services during the 12 months prior to the event giving rise to the liability; and (b) $200.00.

3.4. Consumers

We acknowledge that the laws of certain jurisdictions provide consumers with rights that cannot be derogated from by contract or that consumers cannot waive. If you are a consumer, nothing in these Terms limits such consumer rights.

9.5 Indemnification

If you are a business, you will indemnify and hold Evey, its affiliates, directors, agents, and employees harmless from all damages, liabilities, and costs (including settlement costs and reasonable attorneys' fees) ("Indemnification Amounts") arising of the claim of a third party or in connection with the use of the Services or a violation of these Coditions claims by you or your end users, to the extent that such damages, liabilities and costs are your fault or that of your end users.