Terms of Use

Binding Agreement

• These Terms of Use (the “Terms”) govern your rights and obligations regarding the use of Evinced’s website at: https://www.evinced.com/ (the “Site”) and receipt of the Service (as defined below) on the internet or in any other form or medium.
• These Terms constitute a fully binding agreement between yourself (“You” or the “User”) and Evinced Inc., file number 7014902 (“Evinced” or “We”), the proprietor of all rights in and to the Service.
• Under these Terms, singular shall also means plural, and vice versa; Male shall also mean female and vice versa, all as applicable.
• It is hereby clarified that these Terms apply to the usage of the Service, including any and all information, text, graphics, content or other materials contained in and/or deriving from and/or related to Service.

Terms Acceptance

• By using the Site and/or the Service, you signify your assent to these Terms and to Evinced’s Privacy Policy (the “Privacy Policy”), which is an integral part of these Terms. If you do not agree to these Terms or any of its parts, you must refrain from using the Site and the Service.
• These Terms shall be effective as of the time you access and/or use the Site and/or the Service, and shall apply to any use of and/or access to the Site and/or the Service.
• You may not use the Site and/or the Service if you are either barred or otherwise legally prohibited from accessing or using the Site or receiving the Service under the laws of the country in which you reside or from which you access and/or use the Site and/or the Service.

Service Access

You are solely responsible for assuring the technical compatibility of your site to the use the Site and the Service. We make no warranty or guarantee that the Service will work without interruption or prevention on all types of devices and/or platforms.

The Service

The Service identifies and prioritizes impediments to usability with assistive technologies (in concordance with WCAG 2.1 A, AA and Section 508 requirements of the Rehabilitation Act of 1973). The user can then review the issues and open a bug report addressing the relevant developer(s) (the “Service”). The Service may be provided through a web browser extension, a cloud stored SaaS or by any other method.

The License

Evinced hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Site and/or the Service for non-commercial purposes, subject to these Terms.

Prohibited Usage and Use Restrictions

• There are certain types of conduct that are strictly prohibited when using the Service. Your failure to comply with the provisions set forth in this Section 6 below may result, at our sole discretion, in the termination of your access to the Site and the Service and may also expose you to civil and/or criminal liability.
• You may not, whether by yourself or through any other means or person:
  1. copy, modify, adapt, translate, reverse engineer, decompile, disassemble, publicly display, or distribute in any way all or part of the content contained in the Service and/or the Site;
  2. use the Service or the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights, right for privacy or a person's good reputation;
  3. transmit or otherwise make available in connection with the Service and/or the Site any computer virus, worm, Trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program which may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  4. interfere with or disrupt the operation of the Service and/or the Site, or the servers or networks that host the Service and/or the Site or make the Service and/or the Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  5. sell, license, or exploit for any commercial purposes any use of or access to the Service and/or the Site and/or to the content included in the Service and/or the Site;
  6. frame or mirror any part of the Service and/or the Site without Evinced’s prior express written consent;
  7. create a database by systematically downloading and storing all or any of the content included in the Service and/or Site or the servers or networks that host the Service and/or the Site;
  8. forward any data generated from the Service and/or the Site without Evinced’s prior written consent;
  9. transfer or assign your Service account's password, temporarily or permanently, to any third party;
  10. use the Service and/or the Site for any illegal, immoral or unauthorized purpose;
  11. use the Site, the Service and/or the content included therein, for non-personal or commercial purposes without Evinced’s express prior written consent;
  12. infringe or violate any of these Terms.
• Evinced reserves the right, at any time and without prior notice, to limit your usage of the Site and/or Service in its sole discretion.

Termination of Use of the Service

Evinced retains the right to terminate, permanently or temporarily, the provision of the Service, in whole or in part, to all Users or to any part of the Users, to block your access to the Service and/or Site and terminate your use of it at any time and for any reason that Evinced deems appropriate, all at Evinced's sole and absolute discretion.

Privacy

Your privacy is important to us. When using the Service, personal information may be disclosed by you or collected by Evinced, as specified in our Privacy Policy. The Privacy Policy explains our procedures for the use of your personal information. By accepting these Terms, you acknowledge and agree that Evinced will collect, store and use your personal information in accordance with and subject to the provisions of this section, in the Privacy Policy and in accordance with any applicable law.

Intellectual Property Rights

• All intellectual property rights in the Site and the Service belong to Evinced.
• The name “Evinced”, the Evinced logo and other trademarks and/or service marks are the property of Evinced, and you have no right to use these logos trademarks and/or logos and/or service marks for any purpose which is not expressly stated in these Terms without Evinced‘s prior written approval.
• All the Intellectual Property Rights evidenced by or embodied in and/or attached, connected, or related to the Services, including without limitation the Site, any underlying software, platforms, algorithms, technology, Site design, any information, services, texts, files, and other information generated on a personal basis and provided to you by usage of the Service and/or the Site, features and related content that may be created in connection with the use of the Site of the Service are the property of Evinced, which retains all right, title and interest in connection therewith.
• Evinced may protect the Service by technological means intended to prevent unauthorized use thereof. You undertake not to try and circumvent these means. Without derogating from Evinced’s rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Evinced to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so. Evinced reserves all rights not expressly granted to you under these Terms

Legal use

You are not allowed to use the Site and/or Service, except in accordance with the laws of the State of New York and the laws of the country you are located in while using the Site and/or Services.

Limitation of Liability and Warranty

• Evinced provides the Site and the Service and the content included therein for use on an “as is” and “as available” basis. We hereby disclaim all warranties and representations, either express or implied, with respect to the Site and/or the Service, including, without limitation, any warranties of merchantability, and appropriateness for a particular purpose, features, quality, non-infringement, title, compatibility, performance, security or accuracy. In particular we do not not warrant that the report issued through the Service is complete and that implementing any of its findings or recommendations would mean that your platform is in compliance with the Rehabilitation Act of 1973 or any other applicable law.
• Evinced, including its officers, managers, shareholders, employees, sub-contractors and agents shall not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either under tort law, contract law, or any other liability regime, arising from, or in connection with the use of, or the inability to use the Site and/or Service, or from any failure, error, or collapse in or of the function of the Site and/or Service, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on the content of the Site and/or Service, or from any denial or cancellation of your User account, or from retention, deletion, disclosure and any other use or loss of your content on the Service. In any event, your sole remedy will be limited to a commercially reasonable effort by Evinced to correct such errors, or malfunctions, to the extent applicable or appropriate in the relevant circumstances.

Breach and Indemnity

Without derogating from any applicable law, you agree and undertake to fully indemnify and hold harmless, at their first demand, Evinced and its employees, officers, managers, shareholders, affiliates and agents, from and against all claims, damages, expenses, losses and liabilities which derives from your violation of these Terms.

Modifications of these Terms

Evinced may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the Site. Your continued use of the Site and/or the Service after these Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any part therein, you must discontinue all further use of the Site and/or the Service.

Concessions

Evinced’s concession of any right under these Terms shall not be valid unless done in writing and signed by an authorized representative of Evinced.

Governing Law and Jurisdiction

These Terms, the Site and the Service will be governed solely by the laws of the State of New York, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Site and/or the Service, will be under the exclusive jurisdiction of the competent court in the New York City, New York.

Limitations

Should you desire to file any cause of action against Evinced, arising from or related to the Site or the Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a claim within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiver of such claim.

Assignment of Rights

• You may not assign or transfer your rights in and to the Service, without the prior written consent of Evinced.
• Evinced may assign its rights in and to the Site and/or Service to a third party at its sole and absolute discretion, provided that such third party undertakes Evinced’s obligations to you under these Terms.

Complete Terms

These Terms, together with the Privacy Policy shall constitute the entire and complete agreement between you and Evinced regarding the Service.

In the event of an inconsistency between these Terms and the synopsis of terms presented to the User during installation (if applicable), these Terms shall prevail.

No Legal Relationship

These Terms and/or your use of the Service, do not, and shall not be construed as creating any, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and does not grant you any right or entitlement to receive any consideration.

Contact Us

You may contact us with any question regarding the Site and/or the Service, through the following email address legal@evinced.com, and we shall address your inquiry promptly.