Terms of use

The access account may only be used by you (the account owner); sharing it with other people is not permitted 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 beyond those permitted 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 contracted.

It is prohibited to use your access account to re-sell the service.

The use of the system on behalf of a third party, whether a legal entity or an individual, is prohibited; that is, the data you provide during registration to the system must be real and specifically your own.

We will request personal information such as name, email, telephone and some other data, which will be handled solely and exclusively for the control of and access to the system and in compliance with the applicable Personal Data Protection Law. Please review our Privacy Notice at: https://evaasurvey.com/aviso-de-privacidad

It is the user's responsibility to maintain the security of their account through the recommendations for use and the setting of strong passwords and “best practices” to this end. The Company will not be responsible for the loss or damage of information related to the fulfillment of this security obligation. The User acknowledges and understands that the maximum liability of The Company, in the event of any dispute or claim for damages, will be limited to the amount of the commissions or fees paid by the User.

You must not use the service for any activity outside the Law or for purposes not stated in the Terms of Use of this product.

You must respect the property rights and terms of use of the service.

The use of the software is prohibited for any illegal activity that violates local, state, federal or international laws, whether through the distribution or dissemination of illegal material or material that infringes copyright and/or intellectual property. (Example: obscene content and/or child pornography, among others.)

The use and sending of harmful material through the system is prohibited, such as viruses, malware, spyware or any other that threatens the integrity of personal or corporate information, technology equipment or physical facilities, both of our servers and communication equipment, as well as of the individuals or legal entities to whom the services related to our product are directed.

Excessive use of bandwidth, processing, storage and/or data transmission that threatens the continuity of the service is not permitted.

The use of the software in combination with third-party products, external systems or applications that have been connected in any way with the service, beyond those properly authorized by EVAA, is prohibited. The foregoing will not apply if the Company has granted such permission to the user expressly and in writing.

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/or 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 resulting from the operation of the service, regardless of the cause of origin, whether due to data corruption, accidental deletion, incompatibilities and/or any other situation or fortuitous event related to the operation of the servers, the data networks where the information is stored and/or transmitted, or any other event that may affect the service.

The accuracy, integrity, 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 or interruptions in the delivery of any content or of the services supplied by our software.

The User agrees to hold harmless and indemnify Northware, S.A. de C.V. from any claim or labor, criminal or commercial lawsuit from which legal expenses and/or attorneys' fees related to the use of this service may derive. This expressly implies their responsibility for any claim related to the violation, abuse, misuse, or infringement of property rights or trademarks that may be used within their surveys or content.

Any physical, verbal or moral aggression, or attempted aggression, towards the employees, collaborators, executives and/or shareholders of The Company will be immediate cause for termination or cancellation of the account(s) with which the user subscribed to the service.

The Company reserves the right to include a legend or logo in the footer or in any other place of each survey created, acknowledging that EVAA is being used for the generation and processing of the survey. The deletion of this legend is considered an explicit violation of the Terms of Use of the service and is grounds for immediate cancellation of the service.

All correspondence must be addressed to the official address of The Company.

We reserve the right to change or correct the terms and conditions of use of the product at any time without prior notice to the users of the system.

The user grants their tacit consent to EVAA's Privacy Policy set out at https://evaasurvey.com/aviso-de-privacidad, which may be updated without prior notice.

The EVAA Software contains confidential information and proprietary rights protected, among others, by the applicable intellectual property protection laws.

The Company owns all rights, title and interest in the Software, including, without limitation, all Intellectual Property Rights therein included herein. “Intellectual Property Rights” means any right existing at any time subject to patent, copyright, trade secret, trademark and unfair competition laws and any other proprietary right, and any prior, current and future application, renewal, extension and restoration applied for and in force worldwide. The user agrees not to permit, now or in the future, third parties to (1) 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) carry out actions to circumvent or defeat the security or content usage rules provided, implemented or applied by any functionality (including, without limitation, the digital rights management functionalities) contained in the Software; (3) use the Software to access, copy, transfer, transcode or retransmit the content in a way that infringes any law or the rights of third parties; or (4) remove, conceal or alter EVAA's copyright notices and other trademark notices or other proprietary rights notices attached to or contained in the Software or accessible 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 the intellectual property rights owned by EVAA, other license providers and associates, and third parties that provide such Content to EVAA. The User may not copy, distribute, display, modify or otherwise use the Content (nor may they allow others to do so), except as accessed through the Software, unless EVAA or the Content owners have given them explicit authorization to do so in a separate agreement. Neither EVAA nor its license providers make any representation or warranty regarding the accuracy or completeness of this information.

WHEN YOU ARE ENTERING YOUR CREDIT CARD NUMBER WITHIN OUR SERVICE, THE INFORMATION IS ENCRYPTED AND TRANSMITTED BY ELECTRONIC MEANS UNDER THE RESPONSIBILITY OF A THIRD PARTY THAT IS IN CHARGE OF MAKING THE CORRESPONDING CHARGE(S) AND, AT THE SAME TIME, PROTECTING YOUR IDENTITY, YOUR SECURITY AND OURS. OUR SERVERS NEVER STORE INFORMATION THAT YOU PROVIDE US AND THE DATA TRANSMISSION TAKES PLACE IN A SECURE AND RELIABLE MANNER THROUGH THE SECURITY MECHANISMS PROVIDED BY OUR SECURE PAYMENTS PROVIDER. THE COMPANY, BY NOT STORING OR KNOWING THE BANKING INFORMATION THAT YOU PROVIDE US, IS NOT RESPONSIBLE FOR THE LOSS, CLONING OR IMPROPER USE OF YOUR CREDIT CARD.

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 said taxes.

The “Free Trial” offers you the possibility to try the software at no cost, but please consider the following:

• This plan will expire in 14 calendar days.
• It includes all the functionalities of the system.
• At the end of the trial you may contract a paid subscription to continue with the service.
• If, at the end of the trial, a paid subscription is not contracted, the account will be deactivated along with all the information.

A warranty period of 14 calendar days is established for the functionalities included in the paid plans; within that period of time the user has the possibility to request a refund, only if for some reason they were unable to use the service due to its availability or due to failures that occurred and that made it impossible to use it under normal conditions of use. In all cases an explanation will be requested for the cancellation, with the acceptance of the explanation to authorize the refund being at the discretion of The Company. Once The Company has issued its ruling, the verdict will be final and not subject to appeal.

Partial charges. There are no partial charges in our subscription plans. If you subscribe on the 9th, you will be charged for the subscription on the 9th of each period of the corresponding plan.

Partial charges on add-ons (additional users, disk space, etc.) The charge for any add-on is made on the day the User acquires them and from that moment they are included as an addition to their subscription plan. For example, the user has the PLUS Plan and subscribed on February 9, but on the 25th of the same month decides to add 2 users and pays for them. What will happen in the next billing period is that on the 9th they will be charged for the PLUS Plan and 2 additional users (the same ones acquired on February 25), as long as they have not removed these 2 additional users or definitively cancelled their subscription.

Any charge made to a User will generate a detailed invoice that will be sent by email to the address registered at the time of subscribing. The delivery time of the service invoices to users may vary, but we make our best effort to send them within the same month of subscription.

Any payment for usage, version upgrades or increases in usage capacity will be paid by transfer, via PayPal or charged directly to your credit card. If your card has insufficient funds or ceases to be valid due to expiration or cancellation, then the payment will be considered as not made and any registered transaction will be reversed and the user's email account will be notified.

If your subscription payment cannot be processed through your credit card, you will be notified to make a second attempt; after the second attempt your account will be placed in a “Deactivated” status but will not be cancelled until 30 calendar days have elapsed after the charge attempt occurred. After those 30 calendar days, and if we have not received payment for your subscription either by transfer, via PayPal or charged again to your credit card, your account will be Cancelled 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 thereto.

Any clarification related to billing, charges, refunds or any other matter must be reported via the official communication channels published at https://evaasurvey.com/contacto or in writing to the address of The Company indicated in the 2nd paragraph of these terms and conditions of use.

The User may cancel their subscription to the service at any time. They may request it through “My Account”, an option that appears in the menu of our software, or they may request it directly through EVAA's official contact forms available in the section at https://evaasurvey.com/contacto/. The moment this action is confirmed to you, your account will be deactivated and all your information will be deleted.

Charges are made for the entire selected subscription period; under no circumstances will we make refunds for having cancelled before the end of your subscription term. There are no exceptions.

When an account is subject to cancellation, all content associated with it will be deleted immediately. This information cannot be recovered once the account has been cancelled.

If the cancellation is generated by the administrator or user of the account, it will take effect immediately, deleting all operational information from it without the possibility of data recovery. Once an account is cancelled, no charges of any kind will be made again.

The Company reserves the right to suspend or terminate the account and to refuse 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.

Any cancellation or suspension due to violation of the Terms of Use of the product will not be considered a failure of service on the part of The Company, and therefore cannot be grounds for a claim to recover paid subscriptions and/or a claim of charges to the User's bank cards. In any case, the maximum amount of liability on the part of The Company will be limited to the fees or charges paid by the User of the system.

The User agrees to comply with all local laws and regulations relating to the download, installation and use of the Software. The user agrees to comply with any applicable directive or regulation that the Company may publish or come to publish at any time and at its sole discretion within these terms and conditions of use. For example, and without limitation, the user agrees that when using the software they will NOT:

• Defame, insult, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of third parties.
• Upload, post, transmit or otherwise make available any kind of inappropriate, defamatory, infringing, obscene or illegal content.
• Upload, post, transmit or otherwise make available any kind of content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless the user is the owner of such rights or has the owner's permission to post such content.
• Download any file posted by any other user if it is known, or should reasonably be known, that it cannot be legally distributed in that manner.
• Impersonate another person or entity, or falsify or delete any legal notice, attribution of authorship or other notices, proprietary designations or similar labels that indicate the origin or source of the software, the content or other material.
• Restrict or prohibit any other user from the use and enjoyment of EVAA's services.
• Use EVAA's services for any illegal or unauthorized purpose.
• Remove any copyright, trademark or other proprietary rights notice included in EVAA's services.
• Interfere with or disrupt EVAA's services, servers or networks connected with EVAA's services; or disobey any requirement, procedure, directive or regulation of the networks connected to EVAA's services.
• Use any robot, spider, site retrieval or search application, or any other device to retrieve or index any part of EVAA's services, or collect information about users for any unauthorized purpose.
• Submit content that falsely expresses or implies that such content is sponsored or endorsed by EVAA.
• Create user accounts by automated means or under false or fraudulent pretenses.
• Promote or offer instructions about illegal activities, or promote physical harm or injury against any group or individual.
• Transmit viruses, worms, defects, Trojan horses, or any other kind of element of a destructive nature.

The user may terminate these Terms of Use at any time by cancelling their subscription to the service as mentioned in clause F, Item 1.

The provisions related to legal, tax and labor provisions arising from the use of the product, as mentioned in this agreement, will remain in force in the event of termination or expiration of these Terms of Use, in order to respond before the authorities of the State of Nuevo León, Mexico, to any civil, criminal, labor, contractual and tax claim.

The User agrees to exempt and indemnify the Company and its subsidiaries, affiliates, executives, collaborating agents and employees, in the event that any claim, demand or legal action arises caused by or related in any way to the user's use of the Software or to the user's violation of these Terms of Use, including any liability or expense arising from any claim, loss, damage, demand, lawsuit, court costs and attorneys' fees of any kind and nature. In this case, the Company will provide the user with written notice of such claims, demands or actions.

The user expressly understands and agrees that:

• Their use of the software is at their own account and risk. The software is provided “as is” and without warranties of any kind. The Company and its license providers expressly disclaim, and to the extent permitted by law, all implied or express warranties and conditions of any kind including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
• Neither the Company nor its license providers grant any warranty (i) that the software will meet the user's requirements, (ii) that the software will be free of errors or defects; (iii) concerning the security, reliability, timeliness and performance of the software; nor (iv) that any error in the software will be corrected.
• Any download or obtaining of material or data in any way other than the use of the software is at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device, or for the 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 or communication systems, or in air traffic control systems in which the failure of the software could result in death, personal injury or serious physical or environmental damage.
• No advice or information, whether oral or written, grants any warranty that has not been expressly established in these terms of use.

The user expressly understands and agrees that neither the Company nor its license providers will be liable for any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data and other intangible losses (even if the system has warned of the possibility of these damages) that result from:

• The use or the 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 thereof.
• Any other matter related to the software.

The foregoing limitations will apply regardless of a failure of the essential purpose of any limited legal remedy and to the full extent permitted by law. Under no circumstances will the Company or any of the third-party companies that offer their software or their content together with the software or through it be liable to any user for the use or misuse of the software or third-party content. This limitation of liability will apply in order to avoid the granting 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 the content providers have been advised of the possibility of such damages). This limitation of liability will apply whether the damages arise from the use or misuse of the software, from the inability to use it or from the reliance placed on it, and on the third-party software or content available together with the software or through it; or from the interruption, suspension or termination of the software and of the third-party software or content available together with the software or through it (including the damages suffered by third parties). This limitation will apply regardless of the failure to achieve the essential purpose of any solution or rectification and to the full extent permitted by law.

None of the components of 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 exclusions above may not be applicable in your case.

The user agrees that there will be no third party as a beneficiary of these terms of use.

The user agrees that each time they access the Service, they undertake to comply with the Terms of Use of the product described at https://evaasurvey.com/condiciones-de-uso/, which are updated constantly and without the need to give notice to the users of the product.

Choice of jurisdiction and court. These Terms of Use will be governed by and interpreted in accordance with the laws of the state of Nuevo León, Mexico; any provision associated with conflicts of laws applicable in Nuevo León or in your state or country of residence will have no effect. If, for any reason, a court of competent jurisdiction determines that a clause or part of these Terms of Use is unenforceable, the rest of these Terms of Use will retain their validity and effect.

Waiver and severability of terms. The fact that the Company does not exercise or apply any of the rights or provisions of these Terms of Use does not constitute a waiver of said right or provision. If any of the provisions of these Terms of Use is held invalid by a court of competent jurisdiction, the parties agree that said court should strive to consider the intentions of the parties as reflected in the provision, and that the other provisions of these Terms of Use will remain in full force and effect.

Waiver of rights. The user agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising from the use of the Software or from these Terms of Use, or related to them, will be brought within the period of one (1) year from the arising of said claim or cause of action, or it will be forever barred.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and replace any prior or current agreement or understanding, whether written or oral, about it. The waiver of any of the clauses of these Terms of Use will be effective only if it is processed in writing and contains the signature of The Company.