The Evolve Research App ("Service") is provided by Evolve Research Pty. Ltd. (“Company”). By using the Service you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Throughout these Terms, “you” applies to both individuals and entities that access or use our Service. If you are an individual using our Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service, you are accepting the Agreement on behalf of that entity.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- Our Service is not directed to children. Access to and use of our Service is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Service. Any person who registers as a user or provides their personal information to our Service represents that they are 13 years of age or older (or 16 years or older in the European Union).
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- While the Service is advertised as being “in beta”, the following terms will supercede all relevant terms in the remainder of these Terms of Service for the duration of time (“Beta Period”) the Service is advertised as being in beta.
- During the Beta Period you will be allowed to use the Service in accordance with the terms of this agreement.
- During the Beta Period some features and functionality advertised about the Service may not be available, including any features and functionality mentioned in these Terms of Service.
- During the Beta Period all paid plans are free and you will not be charged for the use of any paid plans.
- If you wish to cancel your account during the Beta Period you will need to email firstname.lastname@example.org with a cancellation request. The ability to cancel your account via email will no longer be available at the conclusion of the Beta Period.
- The duration of the Beta Period is not currently defined. The Company reserves the right to remove the beta status and end the Beta Period at any time and begin charging for paid plans as outlined in the conditions below. You will be given reasonable notice prior to any such change, after which you will be required to add payment methods to your account before continuing to use the Service.
Features, Functionality, and Purchase Decision
- We may make public statements about planned features or functionality for the Service. These statements are an expression of intent and do not constitute an obligation on the part of the Company.
- You should not make a decision to use the Service based on an expectation of planned features or functionality
Payment, Refunds, Upgrading, and Downgrading Terms
- The Service offers a free plan which is not limited to a trial period. The features of the free plan are limited to those described on our pricing page.
- The service offers paid plans. By using a paid plan, you agree to pay the specified fees outlined in our pricing page.
- For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
- Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
- Some plans impose restrictions which would not make it possible to downgrade your plan (such as limits on the number of projects or active users). You will not be able to downgrade your plan until you modify your account to comply with the restrictions of the downgraded plan.
- 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, or duties. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
- We may change our fees at any time, or start charging fees for services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your account within the supplied notice period.
- Subscriptions to the Service which are paid by credit card automatically renew for additional periods equal to the preceding term, without the need to go through additional billing confirmation
- Workspace subscriptions paid by invoice will renew immediately after the invoice has been paid by you, or, in the case of a bank transfer, once the funds arrive in our account.
- Failure to make payment, including banking errors or failures caused by 3rd parties, will result in the suspension of your account. Your access to the Service will be limited to features and functionality necessary to pay any remaining balance. Access to the Service will not be restored until all outstanding balances have been paid in full.
- Requests for refunds will be processed on a case-by-case basis. Send any refund enquiries to email@example.com and we will consider any reasonable request for partial or full refund.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no-questions-asked cancellation link.
- All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from backups and logs. This information can not be recovered once it has been permanently deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
- The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Company web site or the Service itself.
- The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Copyright and Content Ownership
- All content posted on the Service must comply with Australian copyright law.
- We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
- The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
Data, Access, and Authorisation
- You may set up a “team” (sometimes referred to as a “workspace”) and grant access to others (“Authorised Users”) to access the data available in that team.
- All Authorised Users in a team will be subject to these Terms of Service
- Should you invite a user to join your team you are expected to inform them of their rights and obligations under these Terms of Service.
- Subject to the Copyright and Content Ownership terms specified in these Terms of Service an Authorised User may submit data (“Customer Data”) to the Service, such as text, images, audio or video recording, and other files or multimedia.
- Subject to the terms and conditions of these Terms of Service, you agree to grant us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export, and display Customer Data, only as reasonably necessary and subject to the data protection requirements under these terms:
to provide, maintain, and update the Service;
to enhance the capabilities of the Service through the use of data analytics or machine learning;
to prevent or address service, security, support or technical issues;
as required by law; and
as expressly permitted in writing by you or another Authorised User
- We will notify you of any unauthorized access or misuse of Customer Data (a “Data Breach”) as soon as reasonably possible after discovery of the Data Breach, but in no less than seventy-two (72) hours.
- We will not notify any third-parties of the involvement of Customer’s Data in the Data Breach other than you without your express written consent or as required by law..
- We will immediately investigate and take appropriate remedial actions to mitigate the effects of the Data Breach. Such investigation and remediation activities shall be in accordance with applicable laws, regulations, industry standards, and industry best practices. Upon request, we will provide you with a summary report of its investigation and remediation activities.
- These Terms of Service may be amended from time to time at our sole discretion
- If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect.
- The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Service.
- If you disagree with our changes, then you should stop using our Service within the designated notice period, or once the changes become effective.
- Your continued use of our Service will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms of Service (including the binding individual arbitration clause) that were in place when the dispute arose.
- Your use of the Service and any dispute arising out of your use of it is subject to the laws of New South Wales and the Commonwealth of Australia.
- These Terms of Service are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in New South Wales.
- The Service may be accessed throughout Australia and overseas.
- We make no representation that the Service complies with the laws (including intellectual property laws) of any country outside Australia.
- If you access the Services from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Services.
- Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Terms of Service shall be finally settled in arbitration.
- The arbitration shall take place in New South Wales, Australia, in the English language and the arbitral decision may be enforced in any court.
- The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided via email.
- You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that the Company 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 the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org