Terms of Service

Read carefully the following Terms of Service (also referred to as the “Agreement”). The Terms of Service constitute a binding Agreement between you (“The User”) and Weemss Ltd that governs the use of the offered Software Service (“The Software”, “The Service”) and its subdomains. Herein Weemss Ltd shall be referenced as “we”, “us”, “our”, and “Evalato”. By using The Service provided by Weemss Ltd, you signify your consent to be bound by this Agreement.

Evalato is a SaaS (Software-as-a-Service) owned, operated and maintained by Weemss Ltd.

Company registration number: 202 592 905

Address: Geo Milev Str. 20, Sofia 1111, Bulgaria

Email: [email protected]

We may revise and update the Terms of Service at any time. It is The User’s responsibility to ensure they are familiar with the updated version of the Agreement. The most recent version of the Agreement can be accessed and reviewed here.

Date: 21 Oct 2019

1. Definitions

1.1 Except to the extent expressly provided otherwise in this Agreement:

1.1.1 “Agreement” means this entire agreement including its amendments and updates;

1.1.2 “The Service” is the Evalato Software-as-a-Service (SaaS) offered by Weemss Ltd, also referred to as “The Software”. This includes technical support and documentation, both current and future features and tools that help you create and manage your awards, competitions, grants, scholarships, etc., as well as the system and server software used to provide The Service and the hardware on which they are installed;

1.1.3 “Account” means a registered account that enables you to access and use The Service;

1.1.4 “The User” / ”A User”, also referred to as “you”, means the person who has registered an Account with The Service. If The User is creating an account on behalf of their employer, that employer shall be the owner of the Account and shall also be bound by this Agreement.

1.1.5 “Service Fee” means the amount owed to Weemss Ltd for using The Service. Information about the Evalato pricing policy is publicly available at https://evalato.com/pricing/;

1.1.6 “Customer” refers to a person who uses The Service to purchase goods or services provided by you – The User, as well as the person who logs into the public voting portal using their Google, LinkedIn, or Facebook social media profile;

1.1.7 “Customer Data” means all data supplied by the Customer as part of their purchase of goods and services provided by you – The User;

1.1.8 “Personal Data” shall have the meaning ascribed to it in Applicable Data Protection Laws;

1.1.9 “Organization Owner” means The User who creates an organization in Evalato. The User can create an organization on behalf of their employer;

1.1.10 “Third Party” means any other party that is neither The User nor Weemss Ltd;

1.1.11 “The Trademarks” refers to the Evalato Trademarks collectively with Third Party Trademarks used in connection with The Service;

1.1.12 “Content” / “Materials” refers to all content created, uploaded, added, submitted, or posted to the Service, including, but not limited to text, video and audio materials, written posts and comments, photographs, images, graphics, URLs, etc. which are made accessible on or through the Service;

1.1.13 “Relevant Program” refers to any type of awards, competition, scholarship, grants, etc., where any of the Evalato services were used to provide or distribute goods and services by The User;

1.1.14 “Fault” refers to any failure in providing The Service.

2. Use of The Service

2.1 The Service is designed as a Submission and Evaluation Software. Upon registering, you may store information and documentation on your account which is hosted by us.

2.2 All information submitted by you and to you in relation to the latter matter belongs to you and is hereinafter referred to as “Your Data”. Your Data includes any personal or other information a registrant of any of your programs submits to you via The Service.

2.3 Evalato collects Personal Data about The User upon registration. Personal Data is only processed for the purpose of The Service and not disclosed to any Third Party. Exclusions may apply – for example, where we are required to disclose information by Law Enforcement Authorities. By agreeing to use our Service, you agree to have your Personal Data collected and processed by us and you consent to provide accurate and truthful information.

2.4 You declare that you have read our Privacy policy and are informed about the type of Personal Data we collect and process, and about the purposes it will be used for, as well as your rights to access and change your personal data. You can access and edit any personal data we store through your ‘My Profile’ page in your Account.

2.5 Personal Data is safely stored on our virtual servers, protected by SSL encryption. Weemss Ltd will never sell Personal Data or use it for any other purposes, except as stated in this Agreement.

2.6 Weemss Ltd will not tolerate use of The Service for the distribution of fraudulent, misleading, illegal or otherwise offensive or abusive Materials of any kind. At the time of entering this Agreement, you consent to observe the proper use and reputation of The Service.

2.7 Weemss Ltd solely decides what activity is deemed offensive and what activity, as organized by the User, may cause damage to the reputation of The Service. Accounts found in violation of this Agreement may be suspended indefinitely.

2.8 Users below the age of 18 must obtain a parent’s or guardian’s consent in order to proceed with the registration process. It is advised that minors are informed by parents or guardians for their safety online.

3. Access to The Service. Account Cancellation and Suspension

3.1 Access to The Service is available at https://app.evalato.com. You must submit a valid and accurate email address and a password, which in combination will allow access to The Service.

3.2 If The User is creating an account in Evalato on behalf of their employer, then The User represents and warrants that they have the authority to bind their employer to this Agreement.

3.3 The User may not sell or trade an account to another person.

3.4 It is the User’s responsibility to observe the confidentiality of their personal login information and not to disclose it to any Third Parties.

3.4.1 Evalato will not hold any liability for any damages or loss caused by The User’s disclosure of personal login details to Third Parties, or where personal login information has been obtained by Third Parties by any means and used for any purposes.

3.4.2 You are liable for the actions of any Third Party that accessed and/or uses the Service from your account. In such cases, the use of your user name and/or password is evidence that your account was used to access the Service.

3.4.3 Any false or misleading information provided may lead to the termination of your account. The use of a pseudonym or alias is not allowed.

3.5 In case of terminated or suspended account, The User will not be allowed to open an alternative account.

3.6 Either party may terminate this Agreement. The User may terminate the Agreement by requesting the cancellation of their Account according to section

3.6.1 The User can cancel their Account only if their Service Fee is fully paid.

3.6.2 The User can cancel their Account by contacting the Evalato team at [email protected] to request the cancellation of their Account. Cancellation shall be processed within 30 work days and all data associated with the cancelled Account shall be stored for 12 months after the cancellation at which point it shall be deleted.

3.7 Evalato reserves the right to terminate The User’s account in response to The User’s actions with regards to using The Service. Evalato shall not be held responsible or be liable to you or any Third Party in case of termination of The User’s account.

3.8 Evalato may suspend indefinitely The User’s account where due payments have not been made within the appointed deadlines and policies practiced by us.

3.9 Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of this Agreement continue after termination of The User’s account.

3.10 We reserve the right to refuse service, terminate accounts, remove Materials or edit Content, if we have determined, in our discretion, that these violate the Terms of Service outlined in this Agreement.

4. Fees and charges

4.1 The “Pay as you go” pricing plan includes a program fee for every program that goes Live in an organization, as well as a fixed service fee of €3 for every registered application/submission made through The Service. Detailed information can be found at https://evalato.com/pricing.

4.1.1 With “Pay as you go” the Organization Owner accumulates a Service Fee for every registered submission, regardless of its status.

4.1.2 The “Pay as you go” Service Fee is always in euros even where The User sets up other currencies for the Relevant Program.

4.1.3 The “Pay as you go” pricing plan includes a per program fee in addition to the per submission fee, as indicated at https://evalato.com/pricing.

4.1.4 The fee per program is valid for one year (365 days) from the moment a program goes Live for the first time. After this period, if there are new submission registrations for the program, the per program fee is again applied for another year.

4.1.5 With the “Pay as you go” pricing plan The User is required to pay the per program fee at the time of going Live with their program and they are subsequently billed automatically, if there is a Service Fee accumulated from the previous billing cycle.

4.2 The “Enterprise” plan is a custom quote plan that offers custom pricing, and additional options and services that are only available for that pricing plan.

4.2.1 The amount paid for the “Enterprise” pricing plan depends on the options and services agreed between Weemss Ltd and The User.

4.2.2 The amount paid for the “Enterprise” plan is available per organization and shall be added to The User’s Account in the organization of their choice.

4.2.3 The amount paid for the “Enterprise” plan shall be non-refundable.

4.3 The “Annual” pricing plan is valid for one year (365 days from activation of the plan) or until 3 000 applications are processed via The Service. When one of the two conditions is met, the plan has to be renewed again to continue using The Service.

4.3.1 The amount paid for the “Annual” pricing plan shall be fixed as indicated at https://evalato.com/pricing.

4.3.2 The amount paid for the “Annual” plan is available per organization and shall be added to The User’s Account in the organization of their choice. The plan covers an unlimited number of programs for the organization.

4.3.3 The amount paid for the “Annual” plan shall be non-refundable.

4.4 The User cannot switch to the “Pay as you go” plan if they have an active program under the “Enterprise” or “Annual” pricing plans.

4.5 It is The User’s responsibility to determine and set the price of the goods and services they distribute through The Service for the Relevant Program.

4.6 If a submission, that has not been approved by The User in Evalato, is cancelled or deleted by The User, the fee owed to Weemss Ltd for that submission shall be refunded in the form of Account credit in Evalato.

4.7 Once a submission is approved by The User in Evalato, it is always considered serviced through The Service, even if it is rejected afterwards, and the Service Fee for it shall be non-refundable.

4.8 Evalato reserves the right to amend its pricing policy and update, or discontinue The Service as a whole or any part thereof without prior notice. We shall not be liable if such changes to The Service occur.

4.9 Weemss Ltd reserves the right to suspend temporarily or permanently Accounts that:

4.9.1 have failed to make their Service Fee payments, such cases may, without limitations, include rejected credit or debit cards; and

4.9.2 have performed actions in an attempt to evade the accumulation of Service Fee for using The Service.

4.10 It is The User’s sole responsibility to follow through on any and all payments from their sales with The Service.

4.11 VAT is charged for:

4.11.1 companies located in Bulgaria;

4.11.2 companies located in the EU without a valid VAT number;

4.11.3 natural persons in Bulgaria; and

4.11.4 natural persons in the EU (charged according to the EU country’s own VAT).

4.12 VAT is not charged for:

4.12.1 Companies located outside the EU.

4.12.2 Companies located in the EU with a valid VAT number.

4.12.3 Natural persons outside the EU.

4.13 Weemss Ltd does not issue refunds.

5. The User’s rights and obligations

5.1 Upon entering this Agreement, The User is granted non-transferable non-exclusive rights to use The Service. Rights not expressly stated in this Agreement are reserved by Evalato.

5.2 It is The User’s obligation to inform the Customer that their Customer Data is stored and processed by us as part of The Service, and that The Service requires access to process the name and email address associated with the Customer’s corresponding social media profile for the purpose of registering the Customer’s vote in public voting program rounds.

5.3 The Service must only be used for lawful purposes and must not be used in any way that constitutes an illegal action or promotes illegal actions, violence or intolerance.

5.3.1 The User’s right of use of The Service may be terminated according to the provisions outlined in Section 3 and Section 6, and in any case where we regard termination of an account as an appropriate corresponsive action.

5.3.2 It is The User’s obligation to ensure that any uploaded Content, including but not limited to photographs, text, illustrations, audio and video materials, does not violate any copyright laws.

5.3 The User must not duplicate, license, sublicense, distribute or otherwise commercially exploit the Evalato trademark, The Service, or any part of this website and its alliances without our express written permission.

5.4 The User must not attempt to reverse engineer this website and The Service offered by Evalato. The Service must not be exploited with malice, or the intention of building a competitive product, or dishonest exploitation or copying of ideas and functions offered by the Software or Services.

5.4.1 By accepting the provisions of this Agreement, you agree not to attempt to gain unauthorised access to parts of The Software, including but not limited to networks on which The Software is stored and any related systems.

5.4.2 By no means does this Agreement grant permission or any license which allows you to change, modify, access or use the source code of the software used for the Service.

5.5 You must not use The Service to store any kind of unlawful Materials that may harm in any way The User, the Evalato brand, Weemss Ltd, or any Third Parties.

5.5.1 The Service shall not be used for the distribution of unsolicited Materials, including, but not limited to, SPAM Materials.

5.5.2 The User shall not use the Service to store, distribute, or otherwise engage with Materials and/or data containing viruses, worms, Trojan horse, or any other kind of materials that may damage or impair The Service, the Evalato websites, or any other Third Party.

5.6 You must not harm our reputation with your use of The Service.

5.7 Any Faults or suspected Faults must be reported at [email protected] and must include information about the type of Fault and The User’s contact information.

5.8 If The User has reason to suspect any violations of rights under this Agreement, you must contact the Evalato team at [email protected] and inform us of your concerns, providing factual and relevant information.

6. Weemss Ltd’s rights and obligations

6.1 We are 100% dedicated to offering an innovative, reliable service to The User, however, we reserve the right to make adjustments to the content or scope of The Service and to withdraw our Service at any time and without prior notice.

6.2 We reserve the right at times to restrict access to The Service or parts of it, in order to carry out adaptive, corrective or preventive maintenance. Weemss Ltd may continue to provide the Service using a new or modified version of The Software.

6.3 We carry no obligation to maintain, change or add features or functionalities of The Service at the request of or for the benefit of The User.

6.4 We reserve the right to refuse access to The Service to anyone for any reason at any time.

6.5 We reserve the right to offer The Service to your competitors without restriction and makes no promise of exclusivity in any particular market segment. In this regard, other Customers/Users may compete with you, although they may at no point use any of your confidential information.

6.6 Evalato holds no responsibility for the legality or safety of goods and services distributed through The Service, nor can we guarantee their quality.

6.7 We shall not be obliged to have backup facilities or to carry out data conversion.

6.8 We are committed to providing our customers with a reliable and regularly updated service, thus, access to The Service and/or Services might be limited at times due to updates, changes to the Service or other system upgrades. As a result, information posted on evalato.com about The Service might at times be outdated.

6.9 We reserve the right to suspend or discontinue its interactive services, such as its blog and chat services, and is not liable for any resulting losses and/or damages.

6.10 Weemss Ltd will under no circumstances be obliged to provide The User with a physical data carrier containing The Software.

6.11 We shall not be responsible for checking the accuracy and completeness of the results and data generated through The Service. It is The User’s responsibility to check the accuracy and completeness of results and data generated through the use of The Service.

6.12 We follow strict policies as to the security features of our Service. All personally identifiable information submitted upon registration by The User is stored safely and securely.

6.13 We shall not disclose your Personal Data to a Third Party, unless one of the following exceptions applies:

6.14.1 where we are required by law and Law Enforcement Authorities;

6.14.2 where we have reasonable grounds to believe an actual or potential fraud has occurred or may occur, we may disclose a user’s personal information in order to protect our company from any such fraud or unauthorized transactions;

6.15 We reserve the right to determine, in our sole judgment, the rightful Account ownership, and if deemed necessary, transfer an Account to the rightful owner.

6.15.1 In case of a dispute regarding Account ownership, we may request documentation in order to determine or authenticate the Account ownership. Such documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card kept on file, etc.

6.15.2 We reserve the right to suspend indefinitely an Account until the dispute between parties regarding the rightful Account owner has been settled or resolved.

6.16 We shall not sell, share, or rent personally identifiable information to a Third Party, unless where exceptions apply as stated above. However, we do reserve the right to use, process and sell to a Third Party statistical information and grouped data that excludes personally identifiable information.

6.17 All Fault reports will be investigated thoroughly and prompt responses will be issued to concerned parties.

6.18 We reserve the right to send The User up to three (3) email surveys in a calendar year, in relation The Service.

6.19 Abuse of any kind, including verbal or written threats of abuse or retribution, to any Evalato User, Customer or employee may be subject to immediate Account termination.

7. Uploading Content and Intellectual Property Rights

7.1 You are responsible for all Content publicly or privately transmitted through The Service.

7.1.1 We do not claim any intellectual property rights over Content you upload through The Service.

7.2 We shall not sell, share, or rent any Content provided by you to us which is not publicly known or available. This does not include information that:

7.2.1 was in the public domain at the time we received it;

7.2.2 comes into the public domain after we received it through no fault of Weemss Ltd;

7.2.3 we received from someone other than you without breach of our or their confidentiality obligations; or

7.2.4 we are required by law to disclose.

7.3 Evalato does not monitor the Content uploaded by The User or The Customer. The User agrees to abstain from uploading and distributing fraudulent, misleading, abusive, offensive, sexually explicit, or otherwise harmful or illegal Content. It is your responsibility to observe for copyright issues. You hereby agree that Content uploaded by you is consistent with applicable law and regulations, and you agree to indemnify us for any breach of relevant laws and regulations.

7.4 By uploading or linking Content using The Service, you agree:

7.4.1 to allow other internet users to view the Content you post publicly;

7.4.2 to allow Evalato to store, and in the case of publicly stored Content, display your Content; and

7.4.3 that Evalato can, at our discretion, at any time, review the Content submitted to The Service.

7.5 The Service contains Content specifically provided by us or other Content providers. This Content is protected by copyrights, trademarks, trade secrets, or other proprietary rights and laws.

7.5.1 You hereby acknowledge to accept and maintain all copyright notices and restrictions which apply to any Content accessed through or contained in The Service.

7.5.2 This Agreement grants The User a worldwide, non-exclusive, non-sub-licensable, and non-transferable right to use, store and display Content as part of using The Service.

7.6 Content on the Evalato websites is owned by Weemss Ltd. It cannot be reproduced without our express written permission.

7.6.1 Illustrations, photographs, video and audio materials, and graphics must not be separated from their accompanying text and our ownership must be acknowledged at all times.

7.6.2 If you copy and/or distribute our property without express written permission, legal actions will be undertaken.

7.7 By consenting to this Agreement, The User grants Evalato non-exclusive right and license to use the names, trademarks, service marks and logos associated with The User’s organization, as well as the names, trademarks, service marks and logos of the Relevant Program for marketing purposes to promote The Service, unless The User expressly states otherwise. With regards to the latter matter, The User may contact us at [email protected].

7.8 By submitting Content through The Service, The User grants us a worldwide, royalty-free and non-exclusive right to use, modify, transmit, distribute, show, and stream The User’s Content as part of The Service, including, without limitation, through Third Party websites, email, APIs and other media channels and formats.

7.9 We have the right to remove without warning Content that is in violation of copyright laws or illegal should an issue arise. Please note, we may be required by law to disclose The User’s identity in cases of copyright infringement claims.

7.10 When you delete Content from your Account, you acknowledge that some of that Content may

7.10.1 remain available and be used in accordance with these Terms; and

7.10.2 may persist in backup copies for up to a year after deletion.

7.11 By entering this Agreement The User accepts to receive occasional information about Evalato and our products, product features, updates and other relevant information via email. You may opt out of receiving newsletters at any time.

8. Trademarks

8.1 Evalato, the Evalato logo and all brand assets are a trademark of Weemss Ltd; other company, product, and service names used in connection with the Service may be trademarks owned by third parties (Third Party Trademarks collectively with Evalato Trademarks, The Trademarks).

8.1.1 Any use of the Evalato brand and logo, without the prior written consent of Weemss Ltd, is strictly forbidden.

8.1.2 The Trademarks may in no way be used to damage the goodwill in The Trademarks or damage the reputation of Evalato, Weemss Ltd, The Service, or any Third Party involved with The Service.

8.1.3 Including or using any of the Evalato Trademarks as part of a link to or from any site is forbidden without the explicit permission by Weemss Ltd approving each and every link with a prior written consent. Goodwill generated from the use of any Evalato Trademark shall inure to Weemss Ltd’s benefit.

9. Limitation of liability and Disclaimer of warranties

9.1 The contents of the Evalato websites and The Service are provided without any guarantees, conditions and warranties as to its contents and accuracy.

9.2 We shall not, in any event, be liable to The User or any Third Party for any incidental, special, indirect, consequential, punitive or exemplary damages, including but not limited to lost profits, expenses, costs, loss of business opportunity, and loss of data arising of or related to any of Evalato’s services and products, or The User’s use or inability to use The Service provided, or from any errors, even where we have been informed about such possible damage.

9.3 By consenting to use this website and The Service provided, you expressly agree that the use of The Service is at your sole risk. The Service is provided as-is. We give no warranty that The Service will be uninterrupted, secure, timely, or virus free.

9.3.1 It is at The User’s own discretion and risk to download materials from this website or The Service. Evalato shall not be liable for any damages to your computer or other devices resulting from downloads or the use of The Service.

9.4 You will be liable for the Content created, managed and made accessible on Evalato by you in the course of use of the Service. Evalato shall not be liable in respect to the Content created, managed, or made accessible by you and the way it is used.

9.5 You agree that all Content accessed by you using the Service is at your own risk, and you will be solely responsible for any resulting damage or loss to you or any other party.

10. Indemnification

10.1 The User hereby agrees to indemnify Evalato as well as any Evalato directors, employees, and contractors for any losses, costs, expenses, charges, damages, proceedings, and claims that we may be subjected to as a consequence of your use of the website or the Service, or in case of a breach of this Agreement.

10.2 In cases of Infringement concerning a Third Party, as a result of your actions, it is your obligation to resolve the issue at your own expense. Such measures may include but are not limited to, obtaining a license, express permission, or the removal of any copyrighted Materials from our websites and The Service.

11. Personal Data, Log Files and Cookies

11.1 As part of The Service Evalato acts as a data processor and The User as data controller in relation to certain data processing operations. In these circumstances, please refer to our Data Processing Agreement, incorporated in to these Terms of Service.

11.2 Evalato uses IP addresses to track trends and gather information, including but not limited to demographic data. IP addresses are not related to personally identifiable information.

11.3 Cookies provide limited information about a website visitor. By agreeing to use The Service, you declare that you have been informed about the use of cookies and you explicitly consent to accepting cookies.

11.3.1 Cookies do not provide personally identifiable information, they are only used on the Evalato website for the sole purpose of maintaining user preferences.

11.3.2 If The User does not wish to receive cookies, it is The User’s right to set their browser to issue warnings before cookies are accepted and subsequently refuse the cookies upon such warnings or turn them off altogether.

12. Force Majeure

12.1 Neither party to this Agreement shall be liable for failure to perform the party’s obligations where such failure is the result of a Force Majeure event. Such events include, but are not limited to, fire, flood, earthquake, or other natural disasters, war, invasion, rebellion, revolution, civil war, hostility and acts of enemies, terrorism, nationalization, confiscation, government sanction, embargo, blockage, strike, labour dispute, failure of electricity or telephone service, attack of computer viruses and/or hackers, breakdown of electronic and communication systems, and Force Majeure of subcontractors.

12.2 Where a party seeks to claim a Force Majeure event for failure to perform, it must be satisfied that all reasonable steps were taken as to the minimisation of the damages caused by such an event, that non-affected obligations were executed to reasonably expected standards, and that the other party was notified within a reasonable under the circumstances time span of the claimed Force Majeure event.

13. Severability

13.1 If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, this will not affect:

13.1.1 the validity or enforceability in that jurisdiction of any other provision of this Agreement; or

13.1.2 the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

14. Jurisdiction

This Agreement is governed by the laws of The Republic of Bulgaria. Any dispute that may arise in relation to this Agreement shall fall under the jurisdiction of The Republic of Bulgaria and shall be resolved within that jurisdiction.

15. Entire Agreement

This is the Agreement between Weemss Ltd and you in its entirety. The Agreement supersedes any prior oral or written agreements and/or negotiations.
Last revision: 21 Oct 2019

Contact us at: [email protected]