Terms of Service

Thank you for using the Evalics platform (the "Services"). These Terms of Service (the "Agreement") explain your use of the Services, and other important topics. Please read it carefully. Our privacy policy outlines how we handle your data.

This Agreement is entered into by Evalics by Kevin Michael Schindler and the entity or person agreeing to these terms (the "Customer," "You" or "Your") and govern the Customer's access to and use of the Services.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date"). These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

1. Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the consulting methodologies, implementation approaches, and features available to the Customer. No guarantees are made with respect to the Services' quality, stability, uptime, or reliability. Please do not create any dependencies on any specific attributes of the Services.

The Services are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Services and assume any risks associated with the use of the Services.

Evalics reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account.

2. Using the Service

a. Age Requirement

Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

b. Access to the Service

Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. Evalics reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code.

c. Anti-discrimination

Evalics does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.

d. Restrictions on Use of the Service

You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service.

3. Your Information

By using the Services, You may provide Evalics with personal information like Your email address, user name, age, billing information, and data you enter into the platform. Our privacy policy details how we handle your data.

4. Payment and Billing

We may invoice You for Your use of the Services through a third-party payment service provider. The third-party service provider's terms of service shall govern and supersede this Agreement in case of conflict.

You are free to cancel Your plan at any time. We also reserve the right to suspend, terminate, ban Your access to the Service for any reason, including inappropriate use of the Service. In the case of a termination or ban, we reserve the right to remove you and everything in your account from the Service. You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended.

5. Limitation of Liability and Indemnity

We provide the service as is, and we make no promises or guarantees about it.

You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however they arise.

You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.

If You knowingly infringe someone else's intellectual property, and that costs us money, we're going to come find You and collect that money from You. We might also do other stuff, like try to get a court to make You pay our attorney's fees. Don't do it.

6. Term and Termination

a. Term

These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using Evalics's free offering, when your account is deleted or terminated.

b. Violations

If Evalics, in its sole discretion, determines that you or your use of the Service violate these Terms, Evalics may take one or more of the following actions in its sole discretion: (i) suspend your access to the Service; (ii) terminate and delete your account along with all data associated with that account (iii) permanently ban you from using the Service; and/or (iv) disclose information to appropriate government authorities.

c. Effect of Termination

Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your data, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. If your account has been terminated due to a Violation, you may not create a new account on any Evalics Service unless you receive Evalics's written permission.

7. Miscellaneous

Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Severability

If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.

8. Contact Us

If you have any questions about these Terms, please contact us at:

Email: contact@evalics.com