These Terms of Service (the “Terms”) are a binding agreement between Evaident Ltd (“Evaident”, “we”, “us”) and the organisation that registers for or uses the service (“Customer”, “you”). By creating an account, clicking to accept, or using the service you agree to these Terms. If you are agreeing on behalf of an organisation, you confirm you are authorised to bind it.
1. The service
Evaident is a software-as-a-service platform that records, governs and reports on an organisation’s use of artificial-intelligence tools, including capturing usage metadata, optional content, cost attribution, governance enforcement and a tamper-evident evidence record. We provide the service on a subscription basis as described on our pricing page and in any order you place.
2. Accounts and acceptance
- You must provide accurate registration details and keep your credentials secure. You are responsible for activity under your account.
- We may require you to accept updated Terms, Privacy Policy or Acceptable Use Policy from time to time. Where we do, continued use after acceptance is required is conditional on you accepting the updated documents.
- You are responsible for the acts and omissions of your authorised users.
3. Subscriptions, trials and fees
- Paid plans are billed in advance on a recurring basis (monthly unless stated otherwise) via our payment processor. Fees are exclusive of VAT and other taxes, which you are responsible for.
- We may offer a free trial. At the end of the trial the workspace is suspended unless you subscribe; your data is retained for a reasonable period and then may be deleted.
- Except where required by law, fees are non-refundable. We may change pricing on renewal with reasonable notice.
- If payment fails we may suspend access until amounts due are paid.
4. Acceptable use
Your use of the service is subject to our Acceptable Use Policy, which is incorporated into these Terms. We may suspend access to investigate suspected breaches or to protect the service, its users or third parties.
5. Customer data and privacy
- You retain all rights in the data you submit to the service (“Customer Data”). You grant us a licence to host and process it solely to provide and support the service.
- Where we process personal data on your behalf, our Data Processing Agreement applies and forms part of these Terms.
- Our handling of personal data is described in our Privacy Policy.
- You are responsible for having a lawful basis to submit Customer Data (including any personal data of your staff or clients) to the service and for configuring capture and retention appropriately.
6. Our intellectual property
We and our licensors own all rights in the service, including its software, content and trademarks. We grant you a non-exclusive, non-transferable right to use the service during your subscription in accordance with these Terms. You must not copy, reverse-engineer, resell or create derivative works from the service except as permitted by law.
7. Availability and support
We aim to provide a reliable, available service and to apply security and operational controls appropriate to its nature, but except as expressly stated we provide the service “as is”. We may modify or discontinue features, and perform maintenance, using reasonable efforts to limit disruption.
8. Confidentiality
Each party may receive confidential information of the other. The receiving party will protect it with reasonable care and use it only to perform under these Terms, except where disclosure is required by law.
9. Warranties and disclaimers
Evaident supports your governance, compliance and cost-management functions; it does not provide legal, regulatory or financial advice, and nothing in the service constitutes such advice. To the fullest extent permitted by law, we disclaim all implied warranties and do not warrant that the service will be uninterrupted or error-free or that it will meet every regulatory obligation that applies to you.
10. Limitation of liability
- Neither party excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
- Subject to the above, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill or data.
- Subject to the above, each party's total aggregate liability arising out of or in connection with these Terms is limited to the fees paid by you in the twelve months before the event giving rise to the claim.
11. Term and termination
- These Terms apply while you have an account or an active subscription. Either party may terminate for material breach not remedied within 30 days of notice.
- On termination your right to use the service ends. You may export your data before termination; after a reasonable period we may delete Customer Data, subject to any legal-hold you have set and our backup cycles.
- Clauses that by their nature should survive termination (including confidentiality, IP, liability and governing law) survive.
12. Changes to these Terms
We may update these Terms to reflect changes to the service, the law or our business. Where changes are material we will notify you and, where appropriate, require you to accept the updated Terms before continuing to use the service. The current version and its effective date are shown at the top of this page.
13. Governing law and disputes
These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court.
14. Contact
Questions about these Terms can be sent to legal@evaident.com.