TERMS OF SERVICE.
Effective Date: December 18, 2024
Last Updated: December 18, 2024
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Acceptance of Terms
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and EVDOPES LTD ("Company," "we," "us," "our"), governing your access to and use of our website, services, products, and digital solutions (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our Services.
These Terms apply to all visitors, users, and others who access or use the Services, including but not limited to customers, partners, contractors, and service recipients.
Description of Services
EVDOPES LTD provides digital transformation solutions, including but not limited to:
- Digital employee systems and AI-powered automation
- Multi-channel customer engagement platforms
- Lead capture, qualification, and management solutions
- Business process automation and workflow optimization
- CRM and enterprise software integrations
- Custom digital architecture and consulting services
- Technical support and maintenance services
The Services are provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you.
Eligibility and Account Registration
3.1 Eligibility
You must meet the following requirements to use our Services:
- Be at least 18 years of age or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Services under applicable law
- Represent a legitimate business entity when using business services
3.2 Account Registration
When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Immediately notify us of any unauthorized access or security breach
- Accept responsibility for all activities under your account
You may not share, transfer, or allow others to access your account without our prior written consent.
User Obligations and Responsibilities
As a user of our Services, you agree to:
- Comply with all applicable laws, regulations, and third-party agreements
- Use the Services only for lawful and authorized purposes
- Respect the intellectual property rights of the Company and third parties
- Provide accurate information and maintain data integrity
- Cooperate with Company personnel during onboarding and implementation
- Implement reasonable security measures to protect your systems and data
- Report any bugs, vulnerabilities, or service issues promptly
- Pay all fees and charges in accordance with the payment terms
- Maintain appropriate backups of your business-critical data
Prohibited Uses
You expressly agree NOT to use the Services to:
- Violate any applicable laws, regulations, or third-party rights
- Engage in fraudulent, deceptive, or misleading practices
- Transmit malware, viruses, or other harmful code
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Services or servers
- Reverse engineer, decompile, or disassemble our software
- Remove, obscure, or alter proprietary notices or labels
- Use automated systems (bots, scrapers) without written permission
- Resell, sublicense, or redistribute the Services without authorization
- Collect user data without consent or for unauthorized purposes
- Impersonate any person or entity or misrepresent affiliations
- Engage in spamming, phishing, or other abusive practices
- Compete directly with the Company using our Services or technology
Warning: Violation of these restrictions may result in immediate termination of your account and legal action, including criminal prosecution where applicable.
Intellectual Property Rights
6.1 Company IP
All intellectual property rights in the Services, including but not limited to software, algorithms, designs, trademarks, logos, content, and documentation, are owned exclusively by EVDOPES LTD or our licensors.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes.
6.2 User Content
You retain ownership of all data, content, and materials you submit to the Services. By submitting content, you grant us a worldwide, royalty-free license to use, store, process, and display such content solely to provide the Services.
You represent and warrant that you own or have the necessary rights to all content you submit and that such content does not infringe third-party rights.
6.3 Feedback
Any feedback, suggestions, or ideas you provide about the Services become our exclusive property. We may use such feedback without obligation or compensation to you.
Payment Terms and Fees
7.1 Pricing
Service fees are specified in your service agreement, proposal, or on our pricing page. All prices are in Euros (€) unless otherwise stated and exclude applicable taxes.
We reserve the right to modify our pricing with thirty (30) days' notice. Continued use of the Services after price changes constitutes acceptance of the new pricing.
7.2 Payment Obligations
- Setup fees are due upon signing the service agreement
- Recurring fees are billed in advance on the specified billing cycle
- Payments must be made via the authorized payment methods
- Late payments may incur interest charges of 1.5% per month or the maximum permitted by law
- You are responsible for all taxes associated with your purchases
7.3 Refunds
All fees are non-refundable except as required by applicable law or as explicitly stated in your service agreement.
Setup fees are non-refundable once work has commenced. Monthly licensing fees are non-refundable but you may cancel future billing cycles with appropriate notice.
7.4 Suspension for Non-Payment
If payment is not received within fifteen (15) days of the due date, we may suspend access to the Services without liability until payment is received, plus applicable late fees.
Warranties and Disclaimers
8.1 Limited Warranty
We warrant that the Services will perform substantially in accordance with our documentation when used as intended. This warranty does not cover issues arising from misuse, modifications, or third-party systems.
8.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
Limitation of Liability
CRITICAL LEGAL NOTICE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- IN NO EVENT SHALL EVDOPES LTD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
- THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE)
- THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Some jurisdictions do not allow the limitation of liability for consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless EVDOPES LTD, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- Your violation of third-party rights, including intellectual property rights
- Content you submit to the Services
- Negligence, willful misconduct, or fraud by you or your representatives
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate fully with such defense.
Termination
11.1 Termination by You
You may terminate these Terms by ceasing all use of the Services and closing your account. Termination does not relieve you of obligations to pay outstanding fees or liabilities incurred prior to termination.
11.2 Termination by Us
We may suspend or terminate your access immediately, with or without cause, with or without notice, including for:
- Breach of these Terms or other agreements
- Non-payment of fees
- Fraudulent, abusive, or illegal activity
- Requests by law enforcement or government agencies
- Unexpected technical or security issues
- Discontinuation of the Services
11.3 Effect of Termination
Upon termination: (a) your right to use the Services ceases immediately; (b) we may delete your account and data; (c) you remain liable for all outstanding fees and obligations; (d) provisions that by their nature should survive (including IP rights, disclaimers, limitations of liability, and dispute resolution) will continue to apply.
Dispute Resolution and Governing Law
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where EVDOPES LTD is registered, without regard to conflict of law principles.
12.2 Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms:
- Parties agree to first attempt good faith negotiations for thirty (30) days
- If unresolved, disputes may be submitted to binding arbitration
- Arbitration shall be conducted in accordance with applicable arbitration rules
- The arbitration shall take place in the jurisdiction of EVDOPES LTD's registration
- Judgment on any arbitration award may be entered in any court of competent jurisdiction
12.3 Class Action Waiver
YOU AND EVDOPES LTD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12.4 Jurisdiction
You irrevocably consent to the exclusive jurisdiction of the courts in the location of EVDOPES LTD's registration for any matters not subject to arbitration.
Modifications to Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Update the "Last Updated" date at the top of these Terms
- Provide notice via email to your registered address
- Display a prominent notice on our website
- Provide at least thirty (30) days' notice for material changes
Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modifications, you must discontinue use of the Services.
General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and EVDOPES LTD concerning the Services and supersede all prior agreements and understandings.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
14.5 Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, strikes, natural disasters, or government actions.
14.6 Notices
Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@evdopes.com.
14.7 Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Contact Information
For questions, concerns, or notices regarding these Terms of Service:
These Terms of Service were last updated on December 18, 2024 and became effective on December 18, 2024.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.