It is understood that the EVAA system or service, hereinafter referred to as “Software”, “System”, “Product” or “Service”, is the exclusive property of Northware S.A. de C.V. (hereinafter referred to as “The Company”) based on ALIANZA SUR 303 L221, PARQUE DE INVESTIGACION E INOVACION TECNOLOGICA, APODACA, NUEVO LEON, MEXICO, CP: 66628.
A. USER ACCOUNT
- The account must used only by you (the person who owns the account), it is not allowed to share it with other people for any reason. The Company reserves the right to cancel your account at any time if you are caught sharing usernames and passwords with third parties outside of those allowed by each of the subscription packages. The Company reserves the right to cancel the account at any time permanently or temporarily for any violation of the terms and conditions of use of the product or service subscribed.
- It is forbidden to use your access account and re-sell the service.
- The use of the system on behalf of a third person is prohibited; that means, the data that you provide during the registration to the system must be real and yours specifically.
- We will request personal information such as name, email, telephone and some other data, which will be handled solely and exclusively for control and access to the system and respecting the Personal Data Protection Law in force. Please review our Privacy Notice at: https://www.evaa.mx/en/privacy-notice/
- It is the responsibility of the user to maintain the security of his account through the recommendations for use and establishment of strong passwords and “good practices” for this purpose. The Company will not be responsible for loss or damage of information related to the fulfillment of this security obligation. The User knows and understands that the maximum liability on the part of The Company, in the event of any controversy or claim for damages, will be limited to the amount of commissions or fees paid by the User.
B. GENERAL CONDITIONS AND OF USE OF THE SERVICE
- It is forbidden the use of the software for any illegal activity that violates local, state, federal or international laws, whether by broadcasting or disseminating illegal material or infringing copyright and intellectual property. (Example: obscene content or child pornography, among others.)
- It is forbidden the use and sending of harmful material through the system such as viruses, malware, spyware or any other that threatens the integrity of personal or corporate information, technology equipment, physical facilities, servers and equipment of communication, as well as of the legal persons to whom the services related to our product are directed.
- The excessive use of bandwidth, processing, storage and transmission of data that threatens the continuity of the service is not allowed.
- The use of the software in combination with third-party products, third-party systems or applications that have been connected in any way with the service, outside of those properly authorized by EVAA, is prohibited. The foregoing will not apply if the Company has expressly granted the user permission.
- The service has the necessary infrastructure (hosting) and the space required to operate surveys in the cloud; however, this does not necessarily imply or guarantee the availability of the service and its speed.
- The Company will not be responsible for any deletion, alteration, damage or loss of information related to surveys, questionnaires or any other data that results from the operation of the service, regardless of the cause of origin, whether due to data corruption, accidental deletion, incompatibilities or any other fortuitous situation or event related to the operation of the servers, the data networks where the information is stored and transmitted or any other event that may affect the service.
- The accuracy, completeness, correspondence or permanence of any information on the web pages, surveys, databases or survey results is not guaranteed, nor are we responsible for errors or omissions in the use of that information. We are not responsible for failures, delays, interruptions in the delivery of any content or service provided by our software.
- The User agrees to remove Northware SA de CV safely and in peace from any claim or labor, criminal or commercial lawsuit from which legal expenses and attorneys fees related to the use of this service derive. This expressly implies your responsibility for any claim related to the violation, abuse, misuse, infringement of property rights or trademarks that may be used within your surveys or content.
- Any physical, verbal, moral aggression or attempted aggression towards the employees, collaborators, directors and shareholders of The Company, will be an immediate cause of termination or cancellation of the account which the user is subscribed.
- All correspondence should be directed to the official address of the Company.
D. PROPERTY RIGHTS
- The EVAA Software contains confidential and protected property rights by intellectual property protection laws.
- The Company owns all rights, titles, and interests in the Software, including, without limitation, all Intellectual Property Rights in them included herein. “Intellectual Property Rights” is understood to mean any right existing at any time subject to the laws of patents, copyright, trade secrets, trademarks and unfair competition and any other property rights, and any application, renewal, extension and previous, current and future restoration applied and in effect worldwide. The user agrees not to allow, neither in the present nor in the future, third parties (1) to copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works, decompile, reverse engineer, disassemble, or otherwise attempt to discover the source code of the Software; (2) take actions to circumvent or override the security or content usage standards provided, implemented, or enforced by any functionality (including, without limitation, digital rights management capabilities) contained in the Software; (3) use the Software to access, copy, transfer, encode or retransmit the content in a way that violates any law or the rights of third parties; or (4) remove, conceal, or alter EVAA’s copyright notices and other trademark or other proprietary rights notices attached to or contained in the Software or accessed from the Software. The content presented as part of the Software, including, but not limited to, photographic images and cartographic data (the “Content”), is protected by intellectual property rights owned by EVAA, other licensors and partners, and third parties that provide such Content to EVAA. The User must not copy, distribute, display, modify or otherwise use the Content (nor may they allow other people to do so), except by accessing it through the Software, unless EVAA or the owners of the Content agree to it. Neither EVAA nor its licensing providers make any representations or warranties regarding the accuracy or completeness of this information.
E. SUBSCRIPTION PLANS, PAYMENTS, REFUNDS AND RENEWAL
- WHEN YOU ARE ENTERING YOUR CREDIT CARD NUMBER WITHIN OUR SERVICE, THE INFORMATION IS ENCRYPTED AND TRANSMITTED BY ELECTRONIC MEDIA RESPONSIBILITY OF A THIRD PARTY THAT IS IN CHARGE OF MAKING THE CORRESPONDING CHARGES AND SAFEGUARDING YOUR IDENTITY AND OURS. OUR SERVERS NEVER SAVE INFORMATION THAT YOU PROVIDE US AND THE TRANSMISSION OF DATA IS GIVEN IN A SECURE AND RELIABLE WAY THROUGH THE SECURITY MECHANISMS PROVIDED BY OUR SECURE PAYMENT PROVIDER. THE COMPANY, BY NOT SAVING OR KNOWING THE BANKING INFORMATION THAT YOU PROVIDE US, IS NOT RESPONSIBLE FOR THE LOSS, CLONING OR MISUSE OF YOUR CREDIT CARD.
- The prices do not include VAT or tax rates that may apply, so any applicable tax will be included in your monthly billing and it will be the User’s responsibility to pay the taxes.
- The “Free Trial” gives you the ability to try the software at no cost, but keep the following in mind:
- This plan will expire in 14 calendar days.
- It includes all the functionalities of the system.
- At the end of the trial, you will be able to contract a paid subscription to continue with the service.
- If at the end of the test, a paid subscription is not contracted, the account will be canceled along with all the information.
- The amount of 14 calendar days is established as a guarantee period for functionalities included in the payment plans, within that period of time the user has the possibility of requesting a refund, only if for some reason he has not been able to use the service for availability due to failures that have occurred and that it has been impossible to use it under normal conditions. In all cases, an explanation for the cancellation will be requested, leaving the acceptance of the explanation at the judgment of The Company to authorize the reimbursement. Once the decision is made by The Company, the verdict will be final.
- Partial payments. There are no partial payments in our subscription plans. If you subscribe on the 9th, every 9th of the corresponding month period will be charged for the subscription.
- Partial payments in additional users. The payment of any additional is made the day the User acquires them and from that moment they are included in an additional way to their subscription plan. For example, the user has the Monthly Plan and is subscribed on February 9, but on the 25th of the same month he decides to add 2 users and pays for them. What will happen the next payment period is that on the 9th you will be charged for the Monthly Plan and 2 additional users (the same ones that you had acquired on February 25) as long as you have not canceled these 2 additional users or canceled your subscription definitively.
- Any charge made to a User will generate a detailed invoice and will be sent by email to their registered address. The delivery time of invoices to users may vary, but we do our best to send them within the same month of subscription.
- All payments for use, version updates or increases in the capacity of use will be paid by bank transfer, via PayPal or charged directly to your credit or debit card. If your card shows insufficient funds or is no longer valid due to validity or cancellation, then the payment will be considered as not made and any registered movement will be reversed and the user’s email account will be notified.
- If the payment of your subscription cannot be processed through your credit or debit card, you will be notified to make a second attempt, after the second attempt your account will be in a status of “Deactivated” but it will not be canceled until 30 calendar days after the collection attempt occurred. After 30 calendar days and if we have not received the payment of your subscription either by bank transfer, via PayPal or charged again to your credit or debit card, your account will be Canceled and it will not be possible to recover your information. There are no exceptions. The Company is not responsible for the loss of information or data related to it.
- The User may cancel their subscription to the service at any time. You can request it through “My Account”, an option that appears in the menu of our software, or you can request it directly through the official EVAA contact forms that are available in the https://www.evaa.mx/en/contact/. As soon as this action is confirmed, your account will be terminated and all your information will be deleted.
- The charges are made for the entire selected subscription period, in no case we will make refunds for having canceled before the expiration of your subscription. There are no exceptions.
- When an account is cause for cancellation, all content associated with it will be removed immediately. This information cannot be recovered once the account has been canceled.
- If the cancellation is generated by the administrator or an user of the account, it will operate immediately, eliminating all operational information from it without the possibility of data recovery. Once an account is canceled, no further charges will be made.
- The Company reserves the right to suspend or terminate the account and reject any current or future attempt to reactivate the service.
- The Company reserves the right to deny the service without the need to provide any explanation.
G. COMPLIANCE WITH EVAA LAWS AND POLICIES
- Defame, insult, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of third parties.
- Upload, post, transmit or otherwise make available any inappropriate, defamatory, infringing, obscene or illegal content.
- Upload, publish, transmit or otherwise make available any type of content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party, unless the user is the owner of the rights or have permission from the owner to post the content.
- Download any file posted by any other user if it is known, or reasonably should be known, that it is not legally possible to distribute it.
- Impersonate another person or entity, falsify or suppress any legal, attribution, or other notices, proprietary designations, or similar labels that indicate the origin or source of the software, content, or other material.
- Restrict or prohibit any other user from using and enjoying EVAA services.
- Use EVAA services for any illegal or unauthorized purpose.
- Remove any copyright, trademark, or other proprietary rights notices included in the EVAA services.
- Interfere with the services, EVAA servers or with the networks connected to the EVAA services, or interrupt them; nor will it disobey any requirement, procedure or regulation of the networks connected to EVAA services.
- Use any robot, spider, site search or retrieval application, or any other device to retrieve or index any part of EVAA services, nor will it collect information about users for any unauthorized purpose.
- Submit content that falsely expresses or implies that content is sponsored or endorsed by EVAA..
- Create user accounts by automated robots or under false or fraudulent premises.
- Encourage or offer instructions on illegal activities, nor will it promote physical harm or injury against any group or individual.
- Transmit viruses, worms, defects, trojans, or any other type of element of a destructive nature.
K. DISCLAIMER OF WARRANTIES
The user expressly understands and accepts that:
- Use of the software is at your own risk and expense. The software is provided “as it is” and without warranty of any kind. The Company and its license providers expressly waive all implicit or explicit warranties and conditions of any kind, including, but not limited to, the implied warranties and conditions of trade, fitness for a particular purpose and not infringement.
- Neither the Company nor its licensors make any warranty (i) that the software will meet user requirements, (ii) that the software will be free from errors or bugs; (iii) concerning the security, reliability, timeliness and performance of the software; nor (iv) that any errors in the software will be corrected.
- Any downloading or obtaining of material or data in any way other than using the software is at your own risk and you will be solely responsible for any damage to your computer system or other device, or for loss of information that results from downloading that material or information.
- No part of the software is intended for use in the operation of nuclear facilities, cardiopulmonary resuscitation systems, emergency communications, air navigation, communication systems, or in air traffic control systems where failure of the software may result in death, personal injury, serious physical or environmental damage.
L. LIMITATION OF LIABILITY
The user expressly understands and accepts that neither the Company nor its license providers will be liable for direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, damages for loss of profits, clientele, use, data and other intangible losses (even if the system has warned of the possibility of these damages) that are the result of:
- The use or inability to use the software or to access content or data.
- Cost of obtaining substitute goods or services.
- Unauthorized access to your transmissions or data or alteration of them.
- Any other question related to the software.
The above limitations will apply regardless of a failure of the essential purpose of any limited legal resource and to the full extent permitted by law. Under no circumstances will the Company or any of the third party companies offering their software or its content in conjunction with or through the software be liable to any user for the use or misuse of the third party software or content. This limitation of liability shall apply in order to avoid the award of any compensation for direct, indirect, incidental, consequential, special, exemplary and punitive damages, regardless of whether these claims are based on warranties, contracts, torts (including negligence) or others (even if the Company or one of the third-party software companies or content providers has been advised of the possibility of damages). This limitation of liability will apply whether the damages arise from the use or misuse of the software, the inability to use it or the trust placed in it, and in the third-party software or content available in conjunction or through it; or from the interruption, suspension or termination of the software and third-party software or content available in conjunction with or through the software (including damages suffered by third parties). This limitation will apply regardless of not having achieved the essential purpose of any solution or rectification and to the full extent permitted by law.
M. EXCLUSIONS AND LIMITATIONS
- Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability that cannot be legally excluded or limited. Some states or jurisdictions do not allow the exclusion of implied warranties; therefore, the above exclusions may not apply to you.
N. ABSENCE OF THIRD PARTY BENEFICIARIES
O. PRODUCT SERVICES AND THIRD PARTY SERVICES
P. MISCELLANEOUS PROVISIONS