{ "id": "terms", "title": "Terms of Use", "last_update": "June 20, 2020", "content": [ "**Please read this Agreement carefully to ensure you understand each provision.**", "These Terms of Use apply to all users of the Evaluatly Service. Please note that if you have executed a separate written agreement with Evaluatly regarding your use of certain Evaluatly Services, that agreement and not these Terms of Use applies to those Evaluatly Services. For example, if you have purchased Evaluatly Enterprise under the Evaluatly Enterprise Terms of Use (“Software License Agreement”), then your use will remain covered by such terms.", "These Terms of Service (“Terms”) govern your use of Evaluatly (“Company”, Evaluatly) web site located at https://evaluatly.com (the “Site”) and the services that are made available through the Site (collectively, the “Evaluatly Service”). Please read these Terms carefully. By using the Evaluatly Service, you are stating that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Evaluatly Service.", "**Arbitration Agreement.** This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.", "**Your Responsibilities.** You agree not to use the Evaluatly Service to violate any local, state, national, or international law or regulation.", "**Your Account Terms.** You may not access the Evaluatly Service through automated methods, such as the use of robots or other computer code which calls the Service, except where explicitly allowed. Each user provides a valid email address and any other information requested in order to fully complete the signup process and create a login. You may only create a separate login for as many Users as your current Evaluatly Plan allows. The sharing of your Evaluatly Account login credentials is strictly prohibited. You are responsible for maintaining the security of each User’s account, username and password and you are responsible to ensure that each User associated with your Evaluatly Account complies with these Terms. Evaluatly is not liable for any loss or damage from your (or your Users’) failure to comply with these Terms. You are solely responsible for all Data posted to your account and all activity that occurs under your Evaluatly account (even when Data is posted by others who have accounts under your Account). You may not use the Evaluatly Service for any illegal or unauthorized purpose as described in the Terms of Use.", "If you are a Evaluatly Enterprise User, please see your Account Terms as included in the Evaluatly Enterprise Terms of Use.", "**Forms and Submissions.** Evaluatly does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the Evaluatly Service (“Forms and Submissions”). As between Evaluatly and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report “public, you grant Evaluatly a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. Evaluatly does not pre-screen forms or submissions and you agree that you are solely responsible for all of your Forms and User Submissions.", "**Automatic Renewal.** Paid accounts are subscriptions. This means that you will be billed in advance on a recurring, periodic basis. Your Evaluatly subscription will automatically renew at the end of each billing cycle until you cancel your Evaluatly subscription by selecting the starter plan on the billing page. You can also cancel by emailing the Evaluatly Support Team at [support@evaluatly.com](mailto:support@evaluatly.com). When you downgrade, your account will remain at your current plan through the end of your current billing cycle.", "**Credit card details.** If you have elected to pay the fees for a Evaluatly subscription by credit card, you warrant that the credit card information you provide is correct and you shall promptly notify us of any changes to such credit card information. You agree that if your credit card payment cannot be processed for any reason, Evaluatly may suspend or cancel your Evaluatly subscription.", "**Downgrades.** Downgrading your Evaluatly account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, Evaluatly does not accept any liability for such losses. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.", "**30 Day Money Back Policy.** If for any reason you decide you want to cancel your account within 30 days of your payment, we’ll issue a full refund. To do so, just email the Evaluatly Support Team at [support@evaluatly.com](mailto:support@evaluatly.com).", "**Spam.** You agree that you will not use the Evaluatly Service or any form(s) you create using the Evaluatly Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a Evaluatly form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.", "**Phishing.** You agree that Evaluatly may terminate your Evaluatly Service immediately if a form’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.", "**Collecting Sensitive Information.** You may not use the Evaluatly Service to collect certain types of sensitive information, including but not limited to, credit card information and any type of login credentials. You may collect some sensitive information such as social security numbers or driver’s license numbers, but you are required to use best security practices of Evaluatly including SSL and Encrypted Forms features. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.", "**European Data Collection.** If you collect personal data in Europe, you must use EU Safe Forms feature of Evaluatly Service.", "**Additional information for California residents.** With regard to the California Consumer Privacy Act of 2018, Evaluatly does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to our [Customer Support](mailto:support@evaluatly.com).", "**Copyright Infringement.** Evaluatly respects the intellectual property rights of others. Accordingly, Evaluatly has a policy of disabling access to any Submission that violates copyright law, suspending access to the Evaluatly Service to any user who uses the Evaluatly Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Evaluatly Service in violation of copyright law.", "**Trademarks.** Evaluatly is a registered trademark of Evaluatly. The Evaluatly logo is a trademark of Evaluatly. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with Evaluatly. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without the prior written consent of Evaluatly. All other third party trademarks, service marks, logos and trade names appearing on any services which are part of the Evaluatly Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the Evaluatly Service, and all rights in such Trademarks is reserved by Evaluatly or respective holders.", "**Payments.** Evaluatly offers payments through Stripe, Inc. (“Stripe”), a third-party payment processor. In order for you to use Stripe’s payment processing services, you must register with Stripe as a merchant.", "The Stripe Terms of Service explain that process and are available here: https://stripe.com/ssa. The Stripe Privacy Policy is available here: https://stripe.com/privacy.", "By accepting this agreement with Evaluatly, you agree that you have reviewed the Stripe Terms of Service and Privacy Policy for the country in which you are located and agree to both. If you have questions regarding the Stripe Terms of Service or Privacy Policy, please refer to the Stripe website at www.stripe.com or contact Stripe at https://stripe.com/contact.", "All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Evaluatly Service, and which we may add to the fees at the then applicable rates.", "**Termination.** You agree that Evaluatly may terminate your Evaluatly Service membership or suspend your access to all or part of the Evaluatly Service, without notice, if Evaluatly determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Evaluatly shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the Evaluatly Service. You may discontinue your participation in and access to the Evaluatly Service at any time.", "Upon termination of this Agreement, for any reason, you agree to cease all use of the Evaluatly Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Forms and Form Submission Data.", "**Modifications To Terms.** Evaluatly may, in its sole and absolute discretion, change these Terms from time to time. Evaluatly will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Evaluatly Service. Continued use of the Evaluatly Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.", "**Modifications To Evaluatly Service.** Prices of all Evaluatly Services, including but not limited to subscription plan fees to the Evaluatly Service. Evaluatly reserves the right to modify or discontinue the Evaluatly Service with or without notice to you. Any subscription(s) that are pre-paid shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the Evaluatly website or the Evaluatly Service itself.", "Evaluatly shall not be liable to you or any third party should Evaluatly exercise its right to modify or discontinue the Evaluatly Service.", "Evaluatly shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.", "Evaluatly shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.", "**Email Communications.** By giving your email address to Evaluatly you agree to receive administrative, announcements, newsletters, sales, and marketing emails from Evaluatly You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.", "**Links.** Evaluatly provision of a link to any other website or Internet resource is for your convenience only and does not signify Evaluatly endorsement of such other web site or resource or its contents. Evaluatly shall have no responsibility or liability for any information, software, or materials found at any other web site or Internet resource.", "Evaluatly is not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, Evaluatly provides links to resources. Evaluatly makes no representations as to the quality, suitability, functionality or legality of any websites to which Evaluatly may provide links, and you hereby waives any claim you or the User may have against Evaluatly with respect to any such websites. Unless you have a written agreement or a specific consent in effect with Evaluatly which states otherwise, links to the Websites may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that Evaluatly is affiliated with any person or entity, or that Evaluatly otherwise endorses, sponsors or affiliated with any product or service; (b) the appearance, position and other aspects of any link to the Websites may not be such as to damage or dilute the goodwill associated with the Evaluatly name and Trademarks; (c) all links to the Websites must “point” to the URL “evaluatly.com” and not to other pages within the Website; (d) all links to the Website, when activated by a user, must not display the Website within a “frame” on the linking website, or any other website.", "Without limiting any of the above, Evaluatly reserves the right to revoke its consent to any link to the Evaluatly website, at any time in its sole discretion.", "**No Resale Of Evaluatly Service.** You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion (except for your User Submissions, to which Evaluatly agrees you retain all rights) of the Evaluatly Service, use of the Evaluatly Service, or access to the Evaluatly Service.", "**Email Delivery.** When someone submits your forms, by default you’ll receive the results as an email notification. Evaluatly goes to great lengths to ensure successful delivery of emails. We do not guarantee successful delivery of your email notifications.", "**Form Availability.** Evaluatly makes no warranty that forms provided by Evaluatly Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a form or unavailability of a form.", "**Disclaimer of Warranties.** You understand and expressly agree that use of the Evaluatly Service is at your sole risk. the Evaluatly Service is provided on an “as is” and “as available” basis. Evaluatly expressly disclaims all warranties of any kind, whether express or implied, with respect to the Evaluatly Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). Evaluatly makes no warranty that the Evaluatly Service will meet your requirements, or that the Evaluatly Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of Evaluatly is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from Evaluatly or through the Evaluatly Service shall create any warranty not expressly made herein.", "**Limitation of Liability.** You understand and expressly agree that, to the extent permitted under applicable law, in no event will Evaluatly or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Evaluatly Service.", "**Exclusions And Limitations.** Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Evaluatly may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Evaluatly liability shall be the minimum permitted under such applicable law.", "**Indemnification.** You agree to indemnify, defend, and hold harmless Evaluatly, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Evaluatly Service, (b) your (or anyone using your account’s) use of the Evaluatly Service, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.", "**Miscellaneous.** These Terms constitute the entire and exclusive and final statement of the agreement between you and Evaluatly with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Evaluatly with respect to the subject matter hereof. The failure of Evaluatly to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Evaluatly and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Evaluatly Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Evaluatly Service.", "**Third Party Vendors.** The User may order or use services through the Evaluatly Service from third parties not affiliated with Evaluatly (”Third Party Vendors”). By submitting a request of any kind, including but not exclusive to Vendor Integration Requests, Connections and Interactions through the Evaluatly Service, you are giving to consent that all requests are authorized by you and that a Vendor may, at their discretion, perform all actions deemed necessary for the performance of service including but not exclusive to implementing vendor integration services into a live production environment without any additional authorization by you.", "All matters concerning such services desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and the User and should be directed to such particular Third Party Vendor. Evaluatly makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. The User will not consider Evaluatly, nor will Evaluatly be construed, as a party to, or a third party beneficiary of, such transactions, whether or not Evaluatly may have received revenue or other remuneration in connection with the transaction. Evaluatly will not be liable to the User for any costs or damages incurred by the User or any other person with respect to or arising out of transactions with Third Party Vendors.", "**Privacy Policy.** By using Evaluatly Services you indicate acceptance of these terms and agree to our Privacy Policy.", "It is the policy of Evaluatly to respect the privacy of all Users. Your use of the Evaluatly Service as well as certain other information about you is subject to the terms and conditions of our [Privacy Policy](/legal/privacy), which is incorporated into these Terms by reference.", "**Questions**. If you have any questions about this terms of use, please feel free to [contact us](/contact)." ], "render": "" }