Last updated May 2022

By using the Evocard platform, you acknowledge having read and accepted the following terms of use:

Evocard is a platform created by Evolusium which is a registered company, with a head office located at 721 Rue Raphaël-Barré, Richelieu, Qc, J3L 5W6 ("Evolusium" or "we" or "the Company").

IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS BELOW, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND MUST STOP USING IT IMMEDIATELY.

By using our Platform and receiving Platform-related services, you also agree to be bound by our Privacy Policy and any additional terms and conditions or documents that may be published on or through the Platform from time to time. The Privacy Policy and any additional policies are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will notify you of any changes by updating the "last updated" date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been informed of and to have accepted, changes to the revised Terms by your continued use of the Platform after the date on which such revised Terms are posted.

The information provided on the Platform is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement in that jurisdiction or country. . Accordingly, persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Platform is intended for users who are at least 16 years old or who otherwise have the permission of their parents or legal guardians to access the Platform.

Compensation from you

You agree to defend, protect, indemnify and hold Evolusium, its subsidiaries, affiliates, officers, agents, predecessors and assigns, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or related to:

• your use of the platform or related services;
• a breach of these Terms;
• any claim by a third party for infringement of copyright or other intellectual property rights or invasion of privacy arising from your use of the Platform and/or your provision of the Platform to other users ;
• toute activité liée à votre utilisation de la Plateforme, que ce soit par vous ou par toute autre personne accédant à votre compte avec ou sans votre consentement, sauf si cette activité a été causée par l’acte ou le défaut de Evolusium.

Prohibited uses of the platform

The Platform and the services related to the Platform are intended for your own use or the use of your company. By using the Platform, you agree not to:

• Reproduce, copy, modify in any material way or remove the trademarks, logos or proprietary notices of Evocard ;
• Rent, resell or redistribute any of our services;
• Use the Platform in connection with any commercial enterprise;
• Provide access to or give the Platform or any part or portion of the Platform to any third party;
• Reverse engineering the platform;
• Make the platform available on any file sharing platform;
• Harm, as determined in our sole discretion, Evolusium, the Platform, other users or third parties or their use and/or experience with the Platform with, including, but not limited to, uploading malware, viruses, spyware, malicious software, cookies, bugs, keyloggers or any other material expressly prohibited ;
• Use the Platform in connection with any legal matter that is frivolous, immaterial, illegal, without merit, involves the laws of foreign jurisdictions, or has been prosecuted for an excessive or unreasonable period of time, as determined by us;
• Use the Platform in connection with the commission of, aiding or abetting a crime or fraudulent activity;
• Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission;
• Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Use a Purchasing Agent or Purchasing Agent to make purchases on the Platform;
• Bypass, disable or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or impose limitations on the use of the Platform and/or the content it contains;
• Deceive, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
• Misuse our support services or submit false reports of abuse or misconduct;
• Use any information obtained from the Platform to harass, abuse or harm another person, or to make any statement or take any action that violates the civil or other rights of any user;
• Denigrate, tarnish or otherwise harm, in our opinion, us and/or the Platform;
• Engage in any automated use of the Platform, such as the use of scripts to send comments or messages, or the use of any data mining, robots or similar data gathering and extraction tools ;
• Interfering with, disrupting or creating an excessive load on the Platform or the networks or services connected to the Platform;
• Attempt to impersonate another user or person or use another user's username;
• Sell or otherwise transfer your profile;
• Use the Platform or any related services in a manner that violates any applicable law, regulation or this Agreement;
• Allow any third party to use the Platform in a manner that violates any applicable law, regulation or this Agreement.

Evocard payment policies

If you purchase any of our products, you agree to pay us all applicable taxes and fees ("Fees") specific to Evolusium. Failure to pay the Fees will result in termination of your access to and use of the Platform and all related services. You further agree that:

• We may store your payment method (e.g., credit or debit card) to avoid interruptions in your services and use it as a payment method for other services you may choose to purchase in the future.
• We calculate the applicable taxes you pay based on the billing information you provide to us at the time of your purchase.
• Your purchase may also be subject to currency exchange fees or price variations depending on location (e.g. exchange rates). 

Customer satisfaction policy

Evolusium strives for customer satisfaction with the platform and related services we provide. If you purchase any of our services and are not satisfied, please contact Evolusium customer service (see below for contact information) and we will work with you to rectify your experience with us.

Intellectual property rights

Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this platform and our content are protected by copyright, trademark, service mark, patent or other proprietary rights and laws.

This Platform may include various product names, trade names, logos, slogans and other marks in which we have a trademarked or other protectable interest (collectively "Evolusium's Property"). It may also include product names, trade names, logos, slogans and other marks in which others have a protectable interest (collectively "Other Material"). You may not copy, download, display, distribute, modify or sublicense the Evolusium Property or Other Material on the Platform without the prior express written permission of the appropriate owners.

Limitation of liability

In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or in connection with the Platform, or its use. Nothing contained in the Platform or in any written or oral communication from Evolusium or its employees or agents shall be construed as making any promise, undertaking, warranty or guarantee, all of which are hereby explicitly disclaimed, contrary to the representations and disclaimers contained in this paragraph.

The content and functionality of the Platform is provided "as is", "with all faults" and without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranty, express or implied, as to the ownership, accuracy, completeness or adequacy of the Platform content or related services or that the functionality of the Platform will be uninterrupted or error-free or free of viruses or third party attacks. . You hereby acknowledge that your use of the Platform is at your sole risk.

IN NO EVENT SHALL EVOLUSIUM, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF, OR INABILITY TO USE, THE PLATFORM OR THE SERVICES OR INFORMATION CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE PLATFORM, EVEN IF EVOLUSIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND IRRESPECTIVE OF THE THEORY OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL YOU BE LIABLE, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN ANY WAY OUT OF OR RELATING TO THE AGREEMENT, PLATFORM OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGE OR LOSS, EVEN IF EVOLUSIUM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY, OR OTHERWISE) ON WHICH SUCH LIABILITY IS BASED.

In the event that any of the above limitations are found to be unenforceable, to the fullest extent permitted by law, you agree that Evolusium's entire aggregate liability and the sole remedy available to any user in any way arising out of or relating to the Terms, the Platform or related services shall be limited to damages which, in the aggregate, shall not exceed the greater of $250.00 or the sum of any amounts paid by the user to Evolusium during the six (6) months prior to the notice to Evolusium of the dispute for which relief is sought, whichever is less.

Submitted content

The Platform may allow users to post images, audio, text, video, links to other sites or other content on the Platform (collectively "User Content"). Neither Evolusium nor any of its affiliates endorse these entities or individuals, and we are in no way associated with any of the material they may post on or through the Platform. Neither Evolusium, nor its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, nor other partners shall have any liability or responsibility whatsoever arising out of or in connection with any materials provided by such entities or individuals or in connection with any conduct of such entities or individuals.

Each user who posts User Content acknowledges and agrees that we have the right, in our sole discretion, to remove, delete or edit any User Content that we deem inappropriate, illegal or otherwise offensive. Any user who posts any User Content hereby represents that such User Content does not infringe any third party intellectual property rights and further grants us a license to display and make such content available on the Platform or any successor or affiliated platform or website. By posting any User Content on the Platform, you hereby agree to indemnify us for any damages and claims related to the User Content, including, but not limited to, any infringement, misappropriation, defamation or other claims.

Management

We reserve the right, but have no obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms, including, without limitation, reporting such person to the law's platform authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof ; (4) in our sole discretion and without limitation, notice or liability, remove from the Platform or otherwise disable any files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

Modification and interruptions

We reserve the right to change, modify or remove content from the Platform at any time or for any reason, at our sole discretion and without notice. However, we have no obligation to update the information on our platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Platform.

We cannot guarantee that the Platform will be available at all times. We may encounter hardware, software or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Platform at any time or for any reason without notice. You agree that we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Platform during any downtime or interruption of the Platform. Nothing in these Terms shall be construed as obligating us to maintain and support the Platform or to provide any fixes, updates or releases in connection therewith.

Account Security

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to: (1) immediately notify Evolusium of any unauthorized use of your username or password or any other breach of security, and (2) ensure that you exit from your account at the end of each session. Evolusium will not be liable for any loss or damage arising from your failure to comply with this provision. You should be especially careful when accessing your account from a public or shared device so that others cannot see or record your password or other personal information. If you share your device with others, you may want to consider disabling your auto-login feature if you have it linked to your Evocard account.

Electronic Communications, Transactions and Signatures opening and using the Platform, sending emails or messages embedded in the Platform and filling out requested information constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by e-mail and on the Platform, satisfy any legal requirement that such communications be in writing. You hereby consent to the use of electronic signatures, contracts, orders and other records, and the electronic delivery of notices, policies and records of transactions initiated or completed by us or through the Platform. You hereby waive any right or requirement under any statute, regulation, rule, ordinance or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic documents, or payments or the extension of credit by any means other than electronic means.

Availability outside Canada

If you access the Platform and its products from outside Canada, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are located. If you access the Platform from outside of Canada, you acknowledge that any personal information you provide will be processed in Canada and other geographic areas selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and the Privacy Policy.

Duration and termination

These Terms will remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Platform (including by blocking access), to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms or in any applicable regulatory law. We may terminate your use of or participation in the Platform or delete your account and any content or information you have posted at any time, without notice, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of the third party making the party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to civil, criminal and injunctive actions.

 Waiver

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In addition, our failure to enforce any term or condition will not be deemed a waiver of that term or affect our ability to enforce that term or condition at any time in the future.

Applicable law

These Terms and our legal obligations hereunder are subject to the laws of the Province of Quebec, Canada, regardless of your location. You hereby consent to the exclusive jurisdiction and venue of the federal and provincial courts located in Quebec, in all disputes arising out of or relating to the Platform.

Lawyer's fees

In the event that Evolusium is successful in whole or in part in any action or proceeding related to or arising out of this Agreement, you will be responsible for Evolusium's attorneys' fees and expenses.

Various

These Terms and any policies or operating rules published by us on or with respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Platform. You agree that these Terms shall not be construed against us for having written them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signature by the parties hereto to enforce these Terms.

Please read our privacy policy.

Please read our Privacy Policy, which is fully incorporated into these Terms.

Contact

For questions or concerns, we can be contacted at [email protected]