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Effective Date: January 17, 2017
Scope and Application
Collection of Information
We collect information from visits to our website and through use of our app Services in order to provide you with a personalized, useful and efficient experience.
Information That You Provide to Us
We collect information you provide directly to us, such as when you create or modify your account, use our Services, contact customer support, or otherwise communicate with us. This information may include: name, email, phone number, profile picture, payment method, and other information you choose to provide. We may also collect any communications that you exchange with us. We will combine this information with information about how you use the Service.
Information We Collect Through Technology
When you use our Services, we automatically collect certain types of usage information about your activity through our services in the following general categories:
• Transaction Information. We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, time used, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person.
• Location Information. When you use our Services, we collect information about your precise location. If you permit the Eva app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
• Device Information. We may collect device-specific information, such as the hardware model, operating system and software version, advertising identifiers, unique application identifiers, unique device identifiers, serial number, browser type, preferred language, wireless network, device motion information, and mobile network information.
• Connecting with Social Networks. If you permit the Eva app to connect with a third-party social networking service (“Social Network”) when using our Services, such as Facebook or Twitter, we may collect information that you have already made public on your Social Network account.
• Log Information. When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
Information We Collect from Third Parties
Use of Information
Through our Services, we may use the information we collect about you to:
• Develop, provide, operate, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to users and merchants, develop safety features, authenticate users, and send product updates and administrative messages;
• Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
• Send or facilitate communications (i) between you and a Merchant, such as usage times and location or (ii) between you and a contact of yours in connection with your use of certain features, such as referrals or invites;
• Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Eva and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
• Provide you with our merchant search Services to help you find Eva within proximity to your distance settings and location information.
• Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
We may transfer the information described in this Statement to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with this Statement. We may also store some information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster.
Sharing of Information
We may share your information:
• With Merchants to enable them to provide the Services you request. For example, we may share your name and average statistics relating to usage;
• With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
• With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
• With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate;
• With Eva subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
• With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
• In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
• With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Eva or others;
• In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
• If we otherwise notify you and you consent to the sharing; and
• In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
Social Sharing Features
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Analytics and Advertising Services Provided by Others
Account Information. You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at email@example.com. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Access Rights. Eva will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
Location Information. We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from your device will not limit our ability to collect your session location information from a Merchant's device nor our ability to derive approximate location from your IP address.
Contact Information. We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
Promotional Communications. You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Users Outside the United States
We welcome Eva users from all over the world, keep in mind that no matter where you live or where you happen to use our services, your information may be shared within the Eva family of companies. This means that we may collect your information from, transfer it to, and store and process it in the United States and other countries outside of where you live.
Our services are not intended for—and we don’t direct them to—anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13.
We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
Terms & Conditions
Effective Date: January 17, 2017
1. Contractual Relationship
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Eva. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. Eva at its own discretion, may immediately terminate, amend or alter these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular webpage on geteva.io) or in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. Supplemental terms (i.e. the most recent additions) shall prevail over these Terms in the event of any conflict with respect to the applicable Services.
Eva may amend the Terms related to the Services from time to time. Amendments will be effective upon Eva posting any such updated Terms at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of Eva’s mobile applications or websites provided as part of the Services (each, an "Application") to locate and activate services available through third party providers of such services under agreement with Eva or certain of Eva's affiliates ("Third Party Providers"). Unless otherwise agreed by Eva in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Subject to your compliance with these Terms, Eva grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Eva and Eva's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as may be expressly permitted by Eva; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems, networks or databases.
Provision of the Services
You acknowledge that portions of the Services may be made available under any of Eva’s brands or options associated with the Service. You also acknowledge that the Services may be made available under such brands or options by or in connection with: (i) certain of Eva's subsidiaries and affiliates; or (ii) Third Party Providers.
Third Party Services and Content.
The Services and all rights therein are and shall remain Eva's property or the property of Eva's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights whatsoever in or related to the Services: (i) except for the limited license granted above; or (ii) to use or reference in any manner Eva's company names, logos, product and service names, trademarks or services marks or those of Eva's licensors.
3. Disclaimers; Limitation of Liability; Indemnity
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EVA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EVA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EVA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
EVA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF EVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EVA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF EVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EVA'S REASONABLE CONTROL.
EVA'S SERVICES MAY BE USED BY YOU TO LOCATE AND ACTIVATE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT EVA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU THROUGH THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME LOCAL OR NATIONAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH LOCAL OR NATIONAL JURISDICTIONS, EVA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON EVA’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Eva and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or Services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Eva's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
4. Governing Law
These Terms shall be exclusively governed by and construed in accordance with English law.
7. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Eva on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Eva, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Eva by someone else.
You and Eva agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled fully and finally by binding arbitration between you and Eva, and not in a court of law.
The language of the arbitration shall be English. The geographic place of the arbitration including any hearings and procedural meetings shall be in London. The seat of arbitration shall be the common law courts of England and Wales. The Rules governing the arbitration shall be the arbitration rules of the London Court of International Arbitration as in force at the time of any request for arbitration (LCIA Rules). The number of arbitrators shall be determined by the parties to any arbitral dispute in accordance with the LCIA Rules. Any dispute initially filed with a claim value of up to $250,000 will be resolved by the appointment of a sole arbitrator to be determined by the parties
Any request for arbitration must be filed with the LCIA in accordance with the LCIA Rules (available here).
The parties agree that the tribunal (“Tribunal”), and not any national, local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Tribunal shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Changes to the Arbitration Agreement
Notwithstanding the provisions above, regarding consent to be bound by amendments to these Terms, if Eva changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Eva written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Eva Technologies Inc. (the name and current contact information for the registered agent are available online here), or (b) by email from the email address associated with your Account to: firstname.lastname@example.org. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Eva in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival of the Arbitration Agreement
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims may be resolved in separate legal forum not specified in this Arbitration Agreement, and the parties agree that resolving those claims shall be stayed pending the outcome of any individual claims in arbitration.
5. Other Provisions
Claims of Copyright Infringement
Eva honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If Eva becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
Please email us at email@example.com to report suspected copyright infringement and If you believe that anything on the Services infringes a copyright that you own or control.
Eva may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Eva, with such notice deemed given when received by Eva, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Eva Technologies Inc. The name and current contact information for the registered agent are available online here.
You may not assign these Terms without Eva's prior written approval. Eva may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Eva's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Eva or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under any applicable laws. Eva's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Eva in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.