Terms of Use

Effective Date: 05 Jan, 2021

Thanks for considering our products and services (“Services”).

 

Evalinator is still in Beta so you will enjoy special pricing as an early user. Being in Beta means that several features, and the overall service itself, is still under development and in experimental form. It is provided to you “AS IS” and “AS AVAILABLE”. Support will be limited and there may be delays in resolving functional or technical issues you may face. We may change or eliminate features more frequently and without much notice, and there are higher chances of functional errors including data loss, service being unavailable for use for extended periods, access control issues, speed and performance, and other user experience glitches including those visible to your end users, etc.

 

These Terms of Use (“Terms”) contain the terms under which Evalinator and its affiliates, “We”, provide Services to you and describe how the Services may be accessed and used. Additional service-specific terms of use (including rules and guidelines) may apply to some Services (“Additional Terms“). Those Additional Terms become a part of your agreement with us if you use those Services.

 

Our customers – those who pay us to use our platform – are “Expert(s)” who create assessments on our platform. These assessments created on our platform become a tool in their marketing, sales, and customer engagement efforts.

 

If you are a “Respondent” to the assessments created by Expert(s), you become a user and you may also create a free account to view and act on the results of your assessments. You must review and agree with the privacy policy & terms of the expert you are interacting with.

 

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.

 

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

 

Fees and Payments

  1. Fees for Services. You agree to pay us any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service. Subscription will be billed in advance for each billing period. Subscriptions automatically renew unless cancelled by you.

  2. Price Changes. We may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective at the end of the then-current billing cycle of your Subscription. Evalinator will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel or modify your Subscription before the change becomes effective.

  3. Failure to Pay. Failure to pay fees when due may result in the Service being limited, suspended, or terminated, which may result in a loss of your data associated with that Service.

Your Content

  1. You Retain Ownership of Your Content.We does not claim ownership over any of your Content such as surveys and assessments, user responses and scores, goals, and progress information. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

  2. Limited License to Your Content. You grant us a worldwide, royalty free license to use for marketing purposes the fact that you are a customer or user, any testimonials you provide to us, and other aggregated data or statistics. This license for such limited purposes continues even after you stop using our Services. If you provide us with feedback about the Services, we may use your feedback without any obligation to you.

  3. Customer Lists.We may identify you (by name and logo) as a customer on our website and on other promotional materials. You agree that doing this does not create for us any obligation to you.

  4. Copyright Claims (DCMA Notices). We respond to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on our website, please contact us provide the following information.

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    • Identification of the copyright work claimed to have been infringed; Include URL and easily accessible source for verification.

    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; Include URL.

    • Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;

    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    • Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. We will terminate the account of any user that is determined to be a repeat copyright infringer.

  5. Other IP Claims We respect the intellectual property rights of others, and we expect our users to do the same. If you believe a user is infringing upon your intellectual property rights, you may contact us. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.

Our Intellectual Property

  1. Our Intellectual Property(IP) Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as expressly permitted by us in writing, these Terms do not grant you any right to use our brand elements.

User Content

  1. User Content We display content provided by others that is not owned by us. Such content is the sole responsibility of the entity that makes it available. You are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content. We are not responsible for any actions you take with respect to your Content or Content of other users, including sharing it publicly. Prior to using content of other users, you should first obtain permission of its owner, or should be otherwise authorized by law to do so.

  2. Content Review You acknowledge that, in order to ensure compliance with legal obligations, we may be required to review certain content submitted to the Services to determine whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, We otherwise have no obligation to monitor or review any content submitted to the Services.

  3. Third Party Resources. Links to internet websites maintained by third parties may be published as part of Content gneerated by our users. We do not represent that we reviewed such third party websites and are not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.

Account Management

  1. Keep Your Password Secure. If you have been issued an account by us in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not us, are responsible for any activity occurring in your account whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify us immediately. Accounts may not be shared and may only be used by one individual per account.

  2. Keep Your Details Accurate. We occasionally send notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.

  3. Remember to Backup. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, we will not be liable for any failure to store, or for loss or corruption of, your Content.

  4. Account Inactivity. We may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

User Requirements

  1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with us.

  2. Legal age. None of the Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with us, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors.

  3. Not individuals. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.

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

Application and Security

  1. Encrypted Database: Our database and its backups are encrypted at rest. However you are still required to protect and secure the data you download or access.

  2. User Authentication: User data on our database is logically segregated by account-based access rules. User accounts have unique usernames and passwords that must be entered each time a user logs on. Passwords are one-way hashed.

  3. HIPAA and other specific regulations: We do not specifically support HIPAA or any other specific regulations. You should not use our services before speaking with us if you need compliance with any specific regulations.

  4. Data Centers: Our information systems infrastructure (servers, networking equipment, etc.) is owned by, managed by and located at cloud data center hosting providers such as such as Microsoft Azure, Amazon AWS and Winhost. We cannot guarantee where their databases are physically located. If you have specific needs or regulations to comply with regarding location of where the data is stored, please contact us before using the service.

  5. Availability: Our services are hosted on cloud providers such as Microsoft Azure, Amazon AWS and Winhost. We make no separate claims or warranties regarding availability.

  6. Network Security: As provided by hosting providers such as Microsoft Azure, Amazon AWS and Winhost. We make no separate claims or warranties regarding network security.

  7. Audit Logging: We may maintain and monitor audit logs on our services and systems which contain key items such as time of logging in, actions taken, IP addresses, browsers etc.

  8. Access: We may access your data in our databases to resolve service disruptions, trouble shooting software defects, general customer service activities, and reporting, among other reasons. We may also share the data or provide access to third parties for these specific purposes.

Acceptable Uses

  1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law. You are responsible for your conduct, Content, and communications with others while using the Services.

  2. Your Responsibilities. You must comply with the following requirements when using the Services:

    1. You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.

    2. You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.

    3. You may not circumvent or attempt to circumvent any limitations that we impose on your account.

    4. Unless authorized by us in writing, you may not probe, scan, or test the vulnerability of our system or network.

    5. Unless authorized by us in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.

    6. Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.

    7. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

    8. You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. We will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to us.

    9. You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

    10. Unless authorized by us in writing, you may not resell or lease the Services.

    11. If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless we have agreed with you otherwise. You may not use the Services in a way that would subject us to those industry-specific regulations without obtaining our prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with us that permits you to do so.

Refunds, Suspension and Termination of Services

  1. By You. You may terminate your subscription and account at any time. Refunds will be processed as per the payment terms agreed up at the time you signed up for the service. Your Content may be retained in our system for a period of time for various purposes including legal and regulatory.

  2. By Us. We may terminate your subscription at any time and block future access for any reason including but not limited to breach of these Terms, your insolvency, misconduct, IP breach, and failure to pay fees. Refunds will be processed as per the payment terms agreed up at the time you signed up for the service. We have no obligation to retain your Content upon termination of the applicable Service. We will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service.

Changes and Updates

  1. Changes to Terms. We may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The updates will be be posted on our website. Changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

  2. Changes to Services. We may add, alter, or remove functionality from a Service at any time without prior notice. We may also limit, suspend, or discontinue a Service at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to receive a copy of your Content from the Service.

Disclaimers and Limitations of Liability

  1. Disclaimers. While it is in our interest to provide you with satisfactory services, we do not provide any guarantees. For example, we try to keep our online Services up and secure, but they may be unavailable from time to time and your data may be lost or breached for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE DO NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, SECURITY, OR ACCURACY OF THE SERVICES.

  2. Exclusion of Liability. EVALINATOR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF EVALINATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  3. Limitation of Liability. THE AGGREGATE LIABILITY OF EACH OF EVALINATOR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO EVALINATOR FOR USE OF THE SERVICES DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY

  4. Indemnity. You will indemnify and hold harmless Evalinator and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms.

Contracting Entity

  1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with Evalinator, LLC, registered in New Jersey. Evalinator is a platform provided by Evalinator, LLC. References to “Evalinator”, “we”, “us”, and “our” are references to Evalinator, LLC, registered in New Jersey, United States of America.

  2. Governing Law.. Those terms are governed by the laws of the State of New Jersey (without regard to its conflict of laws provisions).

  3. Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Somerset County, New Jersey, and the federal courts located in the New Jersey with respect to the subject matter of those terms.

Other Terms

  1. Assignment. You may not assign these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign these Terms at any time without notice to you.

  2. Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and us, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.

  3. Independent Contractors. The relationship between you and us is that of independent contractors, and not legal partners, employees, or agents of each other.

  4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

  5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

  6. Precedence. To the extent any conflict exists, the Additional Terms prevail over these Terms with respect to the Services to which the Additional Terms apply.

  7. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

  8. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.

  9. Survival. The following sections will survive the termination of these Terms: 1, 2, 3.2, 9, 11, 12, and 13.

Terms for Other Countries

  1. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.

  2. Other countries. Regardless of which country you are in, it is your responsibility to ensure you are satisfying the laws of your country or region before using our services. We are a US based business, with data and content hosted by international providers operating globally, and we collect payments and make refunds in US dollars, even if you may use an international payments agency or credit card. By engaging with our service, you agree to abide by these terms.