1. GENERAL TERMS AND CONDITIONS
Thank you for visiting the Evidencio website/app (the "Site" or "website"). Please read the Terms and Conditions contained in this document carefully since any use of this site constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these terms and conditions, you may not use this website.
Throughout this site, the terms "we", "us", "our" and "Evidencio" refer to Evidencio BV, and any of its direct and indirect subsidiaries. "You" refers to any person accessing and/or using this website.
In order to use the Site you must be at least 18 years old. If you are not at least 18 years old you may not use this Site.
Evidencio hereby gives You a personal, non-exclusive, non-transferable, free of charge right to access and use the Site (without any right of sub-license).
You undertake to and agree with Evidencio that You will:
Evidencio may at its own discretion offer varying features, functionalities and services, limit usage quotas, or impose particular usage conditions to/for users identified as, for example "anonymous users", "registered users", "subscription users", and "API-users".
The Site may contain links to third-party sites or resources. Evidencio is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Evidencio. Because we are not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
We welcome links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Evidencio. We grant a nonexclusive, limited permission ("Permission") to display the Trademarks contained in Evidencio domain names, brand names and logos to the owner(s) of any web sites ("Owner") that would like to develop a link between their site and the corresponding website owned by Evidencio ("Evidencio Site"). Links to an Evidencio Site other than the one using the Evidencio domain names, brand names or logos are not permitted. The materials on the Owner's site shall not imply any association with or relation to Evidencio or imply in any way that any materials from our Evidencio Site are maintained within Owner's web site.
No changes or modifications to the Evidencio domain names, brand names or logos may be made. Use of the Evidencio domain names, brand names or logos for purposes other than linking to the Evidencio Site is expressly forbidden. The domain names, brand names and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation and goodwill of Evidencio and its products. We retain and reserve all rights in and to Evidencio's trade names, trademarks, copyrights and all other intellectual property with respect to its domain names, brand names and logos. Evidencio reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names or logos must cease and the link between the web sites must terminate. Use of Evidencio trademarks, trade names, logos, copyrighted material or any other intellectual property of Evidencio for any purpose not stated herein is expressly forbidden.
1.4 LEGALLY-COMPELLED DISCLOSURE OF USER INFORMATION
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
1.5 SYSTEMS RELIABILITY
Evidencio aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, Evidencio shall not be liable for any lost, altered, or corrupted information or any damages related to non-availability of the Site.
1.6 PROHIBITED ACTIVITIES
You are prohibited from doing any act that Evidencio in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
1.7 DISCLAIMER OF WARRANTIES AND LIABILITY
Unless explicitly agreed upon otherwise, e.g. as part of a paid Evidencio Subscription agreement:
1.8 EXPORT RESTRICTIONS
Software from this Site may be further subject to Export laws, rules and regulations, as amended from time to time.
1.9 MOBILE SERVICES
If Evidencio permits or makes available to you the ability to: (a) upload content to the website via your mobile telephone and/or tablet ("mobile device"), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively "Mobile Services"), your mobile carrier's standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Evidencio does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
You may be given the option to register to receive commercial messages from Evidencio via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may "opt out" of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
1.10 JURISDICTION AND GOVERNING LAW
The Evidencio products, services, materials, offers and information appearing on this Site are intended for users and/or customers worldwide. However Evidencio makes no representation that the products, services, and content of this website are appropriate or available in locations other than the Netherlands.
You and Evidencio agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the Netherlands, without giving effect to any choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of the Netherlands.
2. USER CONTENT SUBMISSION GUIDELINES
We may allow you to comment on and participate in interactive features on our Site, e.g. our comments section, or in social communities owned by Evidencio. We may also allow you to submit content and materials for use on our Site via our online forms and features. For example, as a creator/editor of a calculator, formula or equation you may be able to submit text, calculation logic, code, photographs, messages, or videos. The things you post or submit for use on our Site are "User Content".
You agree to these submission guidelines ("Guidelines"), our full Terms and Conditions and any additional terms by submitting User Content.
2.1 ALL USER CONTENT SUBMITTED TO US
You agree that your User Content is accurate and complete. You also agree that:
2.2 USER CONTENT SUBMITTED FOR USE ON OUR SITE
2.3 USER CONTENT SUBMITTED FOR USE ON OUR SITE AS LICENSED CONTENT
2.4 USER CONTENT POSTED ON OUR COMMUNITIES
We love to see all your comments, photos and videos. By submitting or uploading your story, comment, photo or video, you are authorizing Evidencio to use, publish, and otherwise reproduce, modify and distribute Community Content with or without your name in perpetuity, worldwide in any and all Evidencio or Evidencio.com related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion or advertising of Evidencio.com or its products via the Internet, web sites, mobile apps, and social media. If individuals other than you appear in the photo or video, you must have permission to use the photo or video from the individuals.
2.5 CONTENT AND LIMITATIONS ON USE
You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person's use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any Evidencio server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
4. COPYRIGHT INFRINGEMENT NOTIFICATION
Evidencio is committed to complying with Dutch and international copyright law and to respond to claims of copyright infringement. Evidencio will promptly process and investigate notices of alleged infringement and will take appropriate actions.
Notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:
ATTN: Legal Department, Copyright Notices
Irenesingel 19, 7481GJ
Haaksbergen, the Netherlands
For your complaint to be valid, you must provide all of the following information when providing notice of the claimed copyright infringement:
You should be aware that, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.
Last revised: March 9, 2021