Terms of Service

Last updated: November 3th, 2023

1. Acceptance of Terms
  1. Agreement to Term:  By accessing or using the services offered by EVP Cloud, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
    If you do not agree to these terms, please refrain from using our services.
  2. Age Requirement:  To access or use our services, you must be of legal age in your respective jurisdiction.
    If you are under the legal age, you may use the service only with involvement and approval of a parent or guardian.
  3. Changes to Terms:  EVP Cloud reserves the right, at its sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
    We will alert you about any changes by updating the "Last updated" date of these Terms of Service.
    It is your responsibility to periodically review these Terms of Service to stay informed of updates.
    Your continued use of the platform following the posting of changes will mean that you accept and agree to the revised terms.
  4. Electronic Communication:  By using our services or communicating with us, you consent to receive communications from EVP Cloud.
    These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to our platform.
    You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements.

2. Registration and Account
  1. Account Creation:  To access certain features of our platform, you may be required to register for an account.
    When registering, you must provide accurate, complete, and updated registration information.
  2. Account Security:  You are responsible for safeguarding your account credentials, including your password.
    Any activity under your account will be considered actions undertaken by you. Notify us immediately of any unauthorized access or use of your account.
  3. Account Termination:  EVP Cloud reserves the right to suspend or terminate your account if any information provided during the registration process or
    thereafter proves to be inaccurate, false, or misleading.
  4. Data Retention:  Upon termination or deactivation of your account, we may retain your profile information and all content submitted by you.

3. Use of the Service
  1. License:  Subject to your compliance with these terms, EVP Cloud grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use our platform.
  2. Restrictions:  You may not (i) decompile, reverse engineer, or disassemble the platform; (ii) use the platform for any illegal purpose;
    (iii) exploit any part of the platform for commercial purposes without our consent.
  3. Service Modification:  We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  4. Content:  All content, including but not limited to text, images, graphics, videos, and software, is the property of EVP Cloud or its content creators and protected by international copyright laws.

4. Payments and Fees
  1. Fee Structure:  Our platform operates on a fee-based structure. Detailed information about our pricing can be found on our "Pricing" page.
  2. Payment Methods:  We accept payments through [specific payment methods, e.g., credit card, bank transfer, etc.].
    It is your responsibility to keep your payment details up-to-date.
  3. Refunds:  Unless otherwise specified in these Terms or in the context of a specific service offer, all fees are non-refundable.
    No refunds or credits will be issued for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  4. Late Payments:  Failure to settle fees may result in the termination or suspension of your services.
    EVP Cloud reserves the right to impose a late fee for any payments not received by their due date.
  5. Price Changes:  EVP Cloud may change its fees and payment policies for the Service by notifying you at least thirty (30) days
    before the beginning of the billing cycle in which such change will take effect.

5. Data & Security
  1. Data Protection:  At EVP Cloud, we are committed to protecting and securing your data.
    We implement a range of security measures, including encryption, firewalls, and secure data centers, to ensure the safety of your data.
  2. Data Usage:  We use your data to provide and enhance our services. We will never sell your data to third parties.
    For more information, please refer to our Privacy Policy.
  3. Data Backup:  We regularly back up user data to prevent data loss and provide data recovery.
    However, we encourage users to maintain their own backups for additional security.

6. Limitation of Liability
  1. No Warranty:  The services provided by EVP Cloud are offered "as is" without any warranty of any kind, either express or implied.
    We do not guarantee that our services will be uninterrupted or error-free.
  2. Limited Liability:  To the fullest extent permitted by law, EVP Cloud shall not be liable for any indirect, incidental, special,
    consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

7. Termination
  1. Termination by User:  Users may terminate their account and discontinue the use of our services at any time.
  2. Termination by EVP Cloud:  We reserve the right to suspend or terminate your account and access to our services, at our sole discretion,
    at any time and without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
  3. Post-Termination:  Upon termination, all licenses and other rights granted to you will immediately cease, and you may lose access to any data stored on our platform.

8. Changes to Terms
  1. Right to Change Terms:  EVP Cloud reserves the right to modify these Terms of Service at any time.
    We do so to ensure they're up-to-date with our services and regulatory requirements.
  2. Notification:  If we make significant changes to these terms, we will notify you through an email or a notice on our platform before the changes become effective.
  3. Acceptance of Changes:  Your continued use of our services after the terms have been updated signifies your acceptance of the revised terms.
    If you do not agree with the changes, you have the option to discontinue using our services.

9. Contact Information
  1. Reaching Out:  If you have any questions, concerns, or feedback regarding these Terms of Service or any other aspect of our platform, please contact us at infoatevp.cloud.
  2. Address:  EVP Cloud, Kluizenmeersen 15, 9170 Sint-Gillis-Waas, Belgium
  3. Business Hours:  Our support team is available from [e.g., 9 AM] to [e.g., 6 PM], [e.g., Monday to Friday], excluding public holidays.

10. Service Levels & Uptime
  1. Service Commitment:  At EVP Cloud, we strive to maintain a service uptime of [e.g., 99.9%].
    This ensures that our platform is available to you whenever you need it.
  2. Scheduled Maintenance:  Occasionally, we may need to perform scheduled maintenance to enhance our platform's functionality and security.
    During these periods, the service may be temporarily unavailable. We will provide advance notice of any scheduled maintenance.
  3. Service Disruption:  In the rare event of unscheduled downtime or service disruption, we prioritize restoring services as quickly as possible and will communicate updates regularly until resolution.
  4. Service Level Agreement (SLA):  For detailed information on our service commitments, guarantees, and potential remedies, please refer to our Service Level Agreement.

11. Maintenance and Service Interruptions
  1. Scheduled Maintenance:  To keep our platform running smoothly and to introduce new features, we occasionally perform maintenance.
    We always aim to schedule these during off-peak hours and will provide advance notice to minimize any inconvenience.
  2. Unscheduled Interruptions:  Unexpected issues may lead to unscheduled downtime.
    In such cases, our team will work diligently to restore services and communicate updates regularly.
  3. Data Integrity:  During both scheduled and unscheduled interruptions, we prioritize the safety and integrity of your data.
    Regular backups are performed to prevent data loss.
  4. Notification:  We aim to communicate any maintenance or service interruptions through email, our platform's dashboard, or other means as appropriate.

12. Intellectual Property
  1. Ownership:  All content, features, and functionality on our platform, including text, graphics, logos, and software,
    are the intellectual property of EVP Cloud and are protected by international copyright, trademark, and other laws.
  2. Use Limitation:  Unless explicitly stated, no part of our platform may be copied, reproduced, or used without our express written permission.
  3. User Content:  While you retain all rights to the data and content you upload to our platform,
    you grant EVP Cloud a license to use, store, and process that content to provide our services.

13. Acceptable Use Policy
  1. Prohibited Activities:  Users are prohibited from using our services for illegal activities, spamming, hacking, or any actions that might compromise the integrity of our platform.
  2. Resource Limits:  To ensure fair use, we may place limits on the amount of resources (such as storage or processing power) a single user or entity can consume.
  3. Reporting Violations:  If you come across any violations of our Acceptable Use Policy, we urge you to report them to our team immediately.
  4. Action on Violations:  Violation of our Acceptable Use Policy may lead to temporary suspension, permanent banning, or legal actions, depending on the severity of the violation.

14. Backups and Data Loss
  1. Regular Backups:  We perform regular backups to ensure the safety and integrity of your data. However, these are meant primarily for disaster recovery.
  2. User Responsibility:  While we make efforts to protect your data, it's crucial for users to maintain their backups to prevent data loss.
  3. Restoration:  In the event of data loss or a request to restore data from a backup, efforts will be made to assist, but successful data recovery is not guaranteed.
  4. Limitation:  We are not responsible for data loss resulting from breaches, account suspensions, or terminations.

15. Third-party Services
  1. Integration:  Our platform may integrate with third-party services to provide enhanced features.
    While we strive to only integrate reputable services, we do not control and are not responsible for their functionality or content.
  2. Data Sharing:  When integrated, some user data may be shared with third-party services as required for their operation.
    Users are advised to review the terms and privacy policies of these third-party services.
  3. Liability:  EVP Cloud is not responsible for any issues, data loss, or damages resulting from the use of third-party services.
  4. Termination:  We reserve the right to terminate any third-party service integration if it is found to be harmful or if it violates our terms.

16. Dispute Resolution
  1. Initial Resolution:  If you have any issues or concerns related to our services, we encourage you to contact our support team first. We aim to address and resolve most disputes informally.
  2. Mediation:  If we're unable to address your concerns informally, both parties agree to attempt to resolve the dispute through neutral mediation before considering litigation.
  3. Binding Arbitration:  If mediation does not result in a resolution, any further disputes will be settled through binding arbitration in Belgium.

17. Governing Law

All terms, conditions, and any disputes arising out of, relating to, or in connection with these terms or the use of our services will be governed by and construed
in accordance with the laws of Belgium, without regard to its conflict of law provisions.

18. Cancellation and Refund Policy
  1. Cancellation:  Users can cancel their subscription or service at any time. Upon cancellation, the user's service will end after the current billing cycle.
  2. No Refunds:  All sales and payments are final.
    EVP Cloud does not offer refunds for any services, regardless of usage or satisfaction. Users are encouraged to utilize any trials or demonstrations we offer to ensure the service meets their needs.

19. Privacy Policy Link

For detailed information on how we collect, store, and process your data, please refer to our Privacy Policy.
We encourage all users to familiarize themselves with this policy to understand their rights and our responsibilities.

20. Feedback and Reviews
  1. Encouragement:  We value your feedback and encourage users to share their experiences, suggestions, and reviews related to our services.
  2. Use of Feedback:  By providing feedback, you grant EVP Cloud the right to use, share, and commercialize your feedback without any compensation to you.
  3. Honesty:  We expect all feedback and reviews to be honest and respectful. Deliberately false or misleading reviews may be removed, and users may face consequences.