Terms of Service
The following terms and conditions govern all use of the Evaboot website and all content, services, and APIs available at or connected to the Evaboot domain evaboot.com (the “Website”). The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published on this Website by Evaboot (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by Evaboot, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
Your Evaboot Account
If you create an account for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Evaboot of any unauthorized uses of your account or any other breaches of security.
Evaboot will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal name, a valid email address, and any other information requested in order to complete the sign-up process. Accounts may only be accessed and used by the individual whose details were entered upon account creation.
The account login credentials cannot be shared with any other individual or company. You must not, in the use of the Services, violate any laws in your jurisdiction and in the United States (including but not limited to copyright or trademark laws). You must not create more than one account.
Optional paid services, including any scans, exports, or enrichments beyond the included free credits and free matches, are available on the Services.
By choosing to perform a scan or an enrichment using Evaboot, you agree to pay Evaboot the fees for that task based on your current pricing tier which is dictated by your current plan. Payments will be billed automatically and may be processed in groups. Some payments may be charged up to 10 days later.
Should you wish to cancel your plan, you will lose all remaining credits/matches in your account at the end of the billing cycle. You may no longer have access to credits/matches that rolled over from previous billing cycles when you change your plan.
You agree to be responsible for any overage charges incurred once you have exhausted your credits/matches.
Evaboot does not provide refunds to users who request it, regardless of the reason for the request.
The Services include access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Evaboot to respond within three business days) concerning the use of the Services. All Evaboot support will be provided in accordance with Evaboot standard practices, procedures, and policies.
Damage and liability.
You expressly understand and agree that Evaboot shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if Evaboot has been advised of the possibility of such damages).
By creating an account, you grant Evaboot a perpetual worldwide license to use your company’s name and logo(s) for the sole purpose of Evaboot’s marketing and sales efforts, such as listing you as a Evaboot customer on the Website. You may revoke this license at any time by notifying Evaboot via email.
As Evaboot asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Evaboot violates your copyright, you are encouraged to notify Evaboot. Evaboot will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. Evaboot will terminate a visitor’s access to and use of the services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Evaboot or others.
Evaboot does not transfer to you any Evaboot or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Evaboot. Evaboot, the Evaboot logo, and all other trademarks, service marks, graphics and logos used in connection with Evaboot, or the Services are trademarks or registered trademarks of Evaboot or Evaboot licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Evaboot or third-party trademarks.
Under this license, you may not:
- Build a similar or competitive service.
- In any way, violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with this Agreement.
- Impersonate or attempt to impersonate Evaboot, an Evaboot employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Evaboot or users of the website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Evaboot prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to decompile or reverse engineer any software contained on the Website.
- Otherwise attempt to interfere with the proper working of the Website.
- Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by Evaboot at any time, in its sole discretion.
Evaboot reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Evaboot may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Evaboot may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
Disclaimer of Warranties.
The Services are provided “as is”. Evaboot and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Evaboot nor its suppliers and licensors makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
Limitation of Liability.
In no event will Evaboot, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Evaboot under this Agreement during the twelve (12) month period prior to the cause of action. Evaboot shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Evaboot, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.