Evetly

Last updated: 20 April, 2023

We extend our gratitude to all users of our products at deliverists.io. Our intention is to craft tools that support your optimal performance. With millions of individuals relying on deliverists.io products daily, we recognize the need to establish specific Terms of Service to ensure a smooth operation.

References to the terms "Company," "we," "our," or "us" in this document pertain to deliverists.io.

When we use the term “Services,” we are referring to our websites, which encompass evetly.com and deliverists.io, as well as any product created and maintained by Deliverists.IO Sp. z o.o . This includes products like evetly (across all versions). These offerings are accessible through various means, including web browsers, desktop applications, mobile applications, and other formats.

When we use the terms "You" or "your," we are making reference to individuals or organizations that possess an account with one or more of our Services.

By utilizing our Services, whether currently or in the future, you are thereby consenting to adhere to the most up-to-date Terms. There may be instances when we choose not to implement or enforce a particular right or provision outlined in the Terms; however, this decision should not be interpreted as a relinquishment of said right or provision. It's important to note that these Terms include a liability limitation.

If any of the Terms are breached, your account could be subject to termination. This entails a comprehensive declaration, requiring a significant level of reliance on our part. We make diligent efforts to earn and uphold this trust and readily welcoming any input you may have.

Account Terms

It is your responsibility to maintain the security of both your account and password. Additionally, you must ensure that any users associated with your account also fulfill this security requirement. The Company will not be held liable for any loss or damage resulting from your failure to adhere to this security commitment.
You bear responsibility for all content posted and activities undertaken under your account. This includes both the content posted by you and the activities conducted by any users within your account.
Only human users are permitted. Accounts created using "bots" or other automated methods are not allowed.

Payment, Refunds, and Plan Changes

If you are utilizing the free version of any of our Services, it truly comes at no cost. We do not require your credit card information, and similar to our paying customers, we do not engage in the sale of your data.
For our paid Services that offer a trial period, the duration of the trial is clarified during the registration process. Following the trial period, continuing to use the Service requires advance payment. Failure to make the payment will result in the suspension of your account, rendering it inaccessible until payment is made. Accounts that remain suspended for an extended period will be automatically queued for cancellation.
Should you choose to upgrade from a free plan to a paid plan, your card will be charged immediately, and the billing cycle will commence on the upgrade date. In cases of other plan upgrades or downgrades, the new rate will apply from the subsequent billing cycle.
All fees exclude any taxes, levies, or duties imposed by taxing authorities. When necessary, we will collect these taxes on behalf of the relevant taxing authority and remit them accordingly. Otherwise, the responsibility for settling all taxes, levies, or duties lies with you.

Cancellation and Termination

The responsibility for correctly canceling your account rests solely with you. In each of our Services, we offer a straightforward cancellation link without requiring any explanations. You can cancell you billing in the 'Billing' section of your account. It's important to note that sending an email or making a phone request for cancellation does not automatically initiate the cancellation process. If you require assistance with canceling your account, you can always reach out to our Support team.
If you choose to cancel the Service before the current paid month concludes, the cancellation will take immediate effect, and you will not incur further charges. We do not automatically reimburse for unused time during the final billing cycle.
We retain the right to suspend or terminate your account and decline current or future use of our Services at any time and for any reason. Suspension entails a loss of access to the account and its content for you and other users under the account. Termination leads to the removal of the account, access denial, and forfeiture of all content within the account.
Any form of verbal, physical, written, or other abuse directed at a Company employee or officer, including threats, will lead to immediate termination of the account.

Modifications to the Service and Prices

We commit to our customers that we will provide support for our Services at all times. This means that we will uphold security, privacy, and customer support for our legacy Services. On occasion, technical limitations may arise, necessitating the discontinuation of a feature, or we might revamp parts of our Services for improved performance. Additionally, we might decide to stop accepting new signups for a specific product. We retain the right to modify or permanently or temporarily discontinue any aspect of our Services, with or without prior notice.
There are instances when we adjust the pricing structure for our products. In such cases, we typically exempt existing customers from these alterations. However, there may be occasions where we adjust prices for current customers. Should this occur, we will provide a notice of at least 30 days and inform you through the email address listed in our records. We might also post notifications about these changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

Your utilization of the Services is entirely at your own risk. We deliver these Services on an "as is" and "as available" foundation.
We retain the right to temporarily deactivate your account if your usage significantly surpasses the average usage of other Service customers. Naturally, we will contact the account owner prior to taking any action, except for exceptional circumstances where extensive use could adversely impact the Service's performance for other users.
We employ numerous precautions to safeguard and secure your data, encompassing backups, redundancies, and encryption.
When you engage with our Services, you bestow your data to us, a responsibility we take seriously. By using evetly.com, you consent to the processing of your data as elucidated in our Privacy Policy and solely for the purposes outlined there. Human access to your data is necessitated for the following reasons:
- To assist you with your support inquiries. We will request explicit consent before accessing your account.
- In the infrequent instances when an error disrupts an automated process midway. Automated alerts are generated when such errors emerge. If we can rectify the problem and restart automated processing without reviewing personal data, we will. On rare occasions, minimal personal data inspection might be needed to resolve the issue. In these uncommon cases, our objective is to address the underlying cause to prevent future occurrences of the error.
- To ensure the well-being of Deliverists.io. We analyze logs and metadata as part of our efforts to fortify the security of your data and the entirety of the Services. If deemed necessary, we might access accounts as part of an investigation into abuse reports.
- As required by applicable law. As an EU-based company with all data infrastructure situated within the EU, we retain or share customer data solely when mandated by a binding order or appropriate request from a government authority in the EU, or in exceptional instances following an emergency request. In case of a non-EU authority seeking assistance from deliverists.io, our default approach is refusal unless the order has been sanctioned by the EU government, compelling compliance through processes delineated in a valid mutual legal assistance treaty or equivalent agreement. In the event of a tax authority audit, only the essential billing information necessary for the audit will be shared.
We engage third-party vendors and hosting partners to provide the essential hardware, software, networking, storage, and associated technology requisite for the operation of the Services.
These Terms incorporate the provisions of the EU General Data Protection Regulation ("GDPR") or the United Kingdom General Data Protection Regulation ("UK GDPR").

All content shared on the Services must adhere to EU copyright law.
You grant us a limited license to utilize the content contributed by you and your users for the purpose of delivering the Services to you. However, we do not assert ownership rights over these materials. Any content you submit to the Services remains your property.
We retain the right (though not the obligation) at our sole discretion to decline or eliminate any content accessible through the Service.
The Company or its licensors exclusively possess all rights, title, and interest pertaining to the Services, including all associated intellectual property rights. Your use of the Services does not confer any ownership rights to you. Without explicit written authorization from the Company, you are prohibited from reproducing, copying, or reusing any part of the HTML, CSS, JavaScript, or visual design elements. Requesting permission is essential for utilizing the Company's or any Service's logos for promotional purposes. For logo usage requests, please contact us via email. We uphold the right to revoke permissions if you contravene these Terms.
You consent not to duplicate, replicate, trade, resell, or exploit any segment of the Services, utilization of the Services, or access to the Services without the explicit written authorization from the Company.

Features and Bugs

The architecture of our Services is thoughtfully crafted, incorporating insights from our own experiences and the valuable feedback shared by our customers over time. However, it's important to acknowledge that achieving universal satisfaction is a complex endeavor. We make no assurances that our Services will perfectly align with your specific needs or anticipations.

Prior to their release, we subject all our features to rigorous testing. Nevertheless, like all software, our Services are not immune to imperfections. We diligently document and address reported bugs, giving priority to those that pertain to security and privacy. It's important to note that not every reported bug will be rectified, and we cannot guarantee an entirely flawless performance of our Services.

Liability

While the concept of liability is discussed throughout these Terms, we have consolidated the key points into this section:

Your clear understanding and consent underscore that the Company shall not be held accountable, in a legal or equitable context, to you or any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive, or exemplary damages. These include, but are not restricted to, damages for the loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been informed of the potential for such damages). Such consequences may arise from: (i) the use of or inability to use the Services; (ii) the expenses linked to obtaining substitute goods and services as a result of any goods, data, information, or services purchased, obtained, or messages received, or transactions conducted through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or actions of any third party on the service; (v) or any other matters concerning these Terms or the Services. This includes cases of breach of contract, tort (including both active and passive negligence), or any other theory of liability.

If you have inquiries about any aspects of these Terms, please don't hesitate to reach out to our Support team.