Last Updated May 5th 2014
1. Accepting the Terms of Service
2. Evolir Services
Evolir is a mediation platform where users who seeking some type of sport or wellness services (“Clients”) are matched with persons with the specific skill-set and interest (“Providers”). For purposes of this Agreement these services shall collectively be defined as the "Services". When you register for Evolir, either as Client or Provider, you will be a part of our users for the term of your registration.
We provide a platform for Providers to list their services and expertise, and for potential Clients to find, book and buy selected services. We do not take part in the interaction between Instructors and Clients except to provide this booking and communications platform, for information sharing and to collect payments on the behalf of the Providers.
Users expressly agree and understand that We do not control nor can guarantee the quality, legality, timing, characteristics or any other aspect whatsoever of the services provided by our Providers, nor of the integrity, or any of the actions whatsoever of the Clients. We do not assume any responsibility for the accuracy or reliability of any information provided through our Application, Website, or by Instructors or Clients who use our Services. We do not assume and expressly disclaim any and all liability that may result from the use of any information provided through our Application, Website, and our Services or through Instructors or Clients listed with our Application/Website. We are not responsible for the conduct, whether online or offline, of any User of our Application, Website or any Users of the Service. All Users do hereby expressly agree not to hold Us liable for any damage, suits, claims, instruction, advice or services delivered which originated through the Application, Website.
3. Use of the Services
You warrant that the information you provide to Evolir is accurate and complete. We are entitled at all times to verify the information that you have provided and to refuse the Services or use of the Application and Website without providing reasons.
Your account is for your sole, personal use, and you may not resell it, authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or legal entity.
You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.
Evolir reserves the right to immediately terminate the Service and the use of the Application/Website should you not comply with any of the above rules.
4. Access to the Services
The Evolir Application, Website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Evolir in connection therewith (collectively, the "Website") are owned and operated by Evolir. Subject to the terms and conditions of this Agreement, Evolir may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the "Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" includes, without limitation, use of the Website, any service Evolir performs for you and the Content (as defined below) offered by Evolir on the Website. Evolir may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Evolir may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Evolir reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Evolir does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Evolir or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at email@example.com
You represent and warrant to Evolir that: (i) you are an individual or corporation and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
5. Website and Services Content
The Website, the Services, and their contents are intended for the personal and commercial use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content," and which includes User Submissions (as defined below))) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Website and the Services are protected by copyright as collective works and/or compilations, pursuant international copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Website or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Evolir or from the copyright holder identified in such Content's copyright notice. If you link to the Website, Evolir may revoke your right to so link at any time, at Evolir's sole discretion. Evolir reserves the right to require prior written consent before linking to the Website.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Evolir will not be liable for any errors or omissions in any content. You understand that Evolir cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Evolir cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Evolir be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Evolir's prior written consent, including without limitation contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Evolir; (vi) restricts or inhibits any other user from using and enjoying the Services or Content; (vii) relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or (viii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Evolir reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Evolir is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Evolir, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Evolir and to grant Evolir the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Evolir has no special relationship with or fiduciary duty to you. You acknowledge that Evolir has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Evolir from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Evolir makes no representations concerning any content contained in or accessed through the Services, and Evolir will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Evolir makes no representations or warranties regarding the accuracy of colors or textures displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services). Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Evolir or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. The services, content, website, products and services obtained through the website, and any software, are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how an implied warranty lasts, so the above limitations may not apply to you.
9.Registration and Security
As a condition to using all or some aspects of the Services, you may be required to register with Evolir and select a password and user name ("Evolir User ID"). You shall provide Evolir with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Evolir User ID a name of another person with the intent to impersonate that person; or (ii) use as a Evolir User ID a name subject to any rights of a person other than you without appropriate authorisation. Evolir reserves the right to refuse registration of or cancel a Evolir User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold Evolir, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Clients can book services listed on Evolir by Providers through our Application and Website. We do not take part in the interaction between Instructors and Clients except to provide this booking. Any agreement is solely between the Client and the Provider.
Evolir under no circumstance accepts liability in connection with and/or arising from the provided by the Provider services or any acts, action, behaviour, conduct, and/or negligence on the part of the Provider. Any complaints about the services provided by the Provider should therefore be submitted to the Provider directly.
We do not provide our Users with any kind of insurance coverage. Using our services you agree on, and guarantee, to have a personal insurance covering all situations and problems that may or may not occur in association with using provided services. Evolir is not responsible for any sickness or injuries that may or may not occur during an activity between a Provider and a Client.
BY USING OUR SERVICES, WEBSITE AND APPLICATION, USERS EXPRESSLY AGREE AND UNDERSTAND TO HOLD Evolir HARMLESS FOR ANY CLAIMS, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN USERS (CLIENTS, PROVIDERS).
Evolir WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES, INCLUDING PAYMENT AND BOOKING FOR ACTIVITIES PROVIDED BY A PROVIDER, OR ANY HARM, DAMAGE OR INJURY CAUSED BY SERVICES PROVIDED BY ANY PROVIDER CONTRACTED THROUGH Evolir SERVICES, EVEN IF SUCH SERVICES ARE THE RESULT OF PROVIDERS NEGLIGENCE, INCOMPETENCE OR OMISSION.
IN ADDITION, WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES, INCLUDING PAYMENT AND BOOKING FOR ACTIVITIES PROVIDED BY A PROVIDER EVEN IF SUCH SERVICES ARE THE RESULT OF USERS MEETING THROUGH OUR SERVICES.
13. Limitation of Liability
The information, recommendations and/or Services provided to you on or through the Website and the Application is for general information purposes only and does not constitute advice. Evolir will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
The quality of the services booked through the use of the Application or the Services is entirely the responsibility of the Provider who ultimately provides such services to the Client. Evolir under no circumstance accepts liability in connection with and/or arising from the provided by the Provider services or any acts, action, behaviour, conduct, and/or negligence on the part of the Provider. Any complaints about the services provided by the Provider should therefore be submitted to the Provider directly.
In no event shall Evolir or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the website or the services or subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of 100 Euros or the fees paid by you for the services and any products or services purchased through the services during the 12-month period preceding the applicable claim; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of any substitute goods or services; or (iv) for any matter beyond Evolir's reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
14. Fees and Payment
Although our Services are currently free to users, Vivity reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website and Application in connection with such Services selected by you. Evolir reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
Evolir receives a fee of up to 10% (the “Administrative Fee”) based on the total amount charged per service. No other costs are associated with using the Evolir platform as an Instructor or Client. We reserve the right to introduce a fee for the use of the Application and the Service.
We may charge you for the services provided to you by the Provider on behalf of the Provider. You agree that you will pay for all services you book from the Provider, either directly or through Us, and that Evolir may charge your credit card account as provided by you when registering for the Service for the services. You are responsible for the timely payment of all fees and for providing Evolir with a valid credit card account for payment of all fees at all times.
You may agree to a one (1) month, twelve (12) month or twenty-four (24) month contract agreement with Evolir.
You can opt to upgrade or downgrade your service agreement to any other contract agreement that Evolir is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your Evolir account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with Evolir, and is in no way transferable to a cash refund.
At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your account interface or via Evolir's support addresses.
Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Evolir to provide free support for you in the use and operation of Evolir. All other applications, features, functionality and support provided by Evolir and its partners are provided for the fees described for each service on the Site (“Fees”) and you are liable for such Fees.
In the event, however, that you decide your paid subscription was not the right decision, we want to make things right. Within 30 days of any purchase, Evolir will refund the full price you paid upon request. Simply contact us Evolir's support addresses and let us know you’d like a refund. Refund for unused portions of subscriptions is provided after more than 30 days following purchase.
All refund requests must be made by the attendee or credit card holder and must include the name of the attendee and/or transaction number.
Refunds will be credited back to the original credit card used for payment.
We use a third-party payment processor (the “Payment Processor”) to link your credit card account to the Application , Website and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Evolir is not responsible for any errors by the Payment Processor. In connection with your use of the Service, We will obtain certain transaction details.
15. Third-party Websites
By using the Services, you expressly relieve and hold harmless Evolir from any and all liability arising from your use of any Third Party Website. Your interactions with organisations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Evolir shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Evolir is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Evolir, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Evolir may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Evolir may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Evolir shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Evolir's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Evolir's prior written consent. Evolir may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Evolir in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
18. Arbitration; Governing Law
Any disputes arising out of or related to these Terms of Service and/or any use by you of the Website shall be governed by the laws of republic of Bulgaria. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Bulgaria and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
19. Copyright Dispute Policy
Evolir has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Evolir's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Evolir's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
20. Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Evolir is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, email address;
• A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
It is Evolir's policy:
• to remove or disable access to the infringing material;
Please contact Evolir's Designated Agent at the following address:
Evolir, Element ltd 119 Oboriste street, 1505, Sofia, Bulgaria
If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org and Evolir, Element ltd 119 Oboriste street, 1505, Sofia, Bulgaria. We will make every effort to resolve your concerns.
Thank you for choosing Evolir.com!