Terms of Service

Using Evini (evini.com) constitutes acceptance of these Terms Of Service ("TOS") and the Acceptable Use Policy ("AUP"). Before registering on the site you must read and agree to the TOS. By registering for access to Evini you are accepting the TOS and are legally bound by them.

Legal Entity

Evini is a trading name of Purified Technology Ltd a UK registered company (number 11187859) who owns and hosts the website evini.com

Definitions

"Service" as referred to in this document shall mean: The facilities and benefits provided by the site at evini.com

"User" as referred to in this document shall mean: A person who accesses the site at evini.com

Services Available on the Site

The features that make up the Service are provided to Users who register. Evini reserves the right to change, upgrade, or remove any aspect of the Service or alter the plans that features are available on.

Updating of Service

New features that augment or enhance the Service may be released from time to time. Any such features will also be subject to the TOS and continued use of the Service shall constitute your consent to such changes.

Availability of Service

Evini attempts to maintain an uptime percentage in excess of of 99.9%. During the day to day running of the Service interruptions may occur due to network failures, server equipment failures, failures of external services that the Service depends on or deployment of software with bugs. Whilst every attempt is made to minimise these disruptions some may be outside the control of Evini. Evini shall not be held responsible for any loss resulting from disruptions to the Service of any kind.

User Accounts

To register for an account you must:

  • Be 13 years or older to use Service, and old enough to enter into a binding agreement for the sale and purchase of goods and services in your country of residence
  • Have the authority to use any payment methods you enter
  • If you are representing a business entity, have the authority to enter into a binding agreement on behalf of the business
  • Be a human. Accounts registered by "bots" or other automated methods are not permitted
  • Enter a valid email address and legal name
  • Agree and abide by the conditions laid out in the TOS

Account Security

Users must create a password in order to access the Service. These must be kept confidential and must not be shared under any circumstances. Users are responsible for access to their account through the use of their email and password combination and Evini will not be held responsible for any loss or otherwise as a result of unauthorised access to their account due to negligence. Should users believe their account details have been compromised they should contact support immediately who will respond to confirm receipt of message. Users will remain liable for any unauthorised access until support has confirmed they have received their notification.

Users may not use their account to attempt to breach the security of another account, the Service in general or to attempt to gain unauthorised access to another network or server. Any such attempts will result in immediate termination of their account.

Billing

Evini offers a paid service ("membership") for some users. Memberships are charged in advance on the same day each month as the user registers for the service ("bill day"). By continuing to use the Service the user is authorising Evini to charge the users chosen payment method to pay for the ongoing cost of membership.

Should a payment be missed (for example, due an expired credit card), Evini will contact the user to inform them of the problem. The user will then have 14 days to make payment before their account is suspended. Such a period for a missed payment only applies after a successful payment in a previous month has been made. Suspension is immediate in the first months trial if incorrect payment details have been entered.

The monthly fee for using Evini is based on the number of customers attending your premises in one month as well as any add-on products you may subscribe to (for example the CRM). The price is automatically increased and decreased each month as you cross plan thresholds or change your add-ons.

From time to time Evini may alter the benefits provided by each of the plans. Should this be the case users will be notified and given 30 days to decide whether they stay on the same plan, move to a different one or cancel their membership.

For each membership payment made an invoice email is sent to the user and a copy stored in their account. Any queries relating to these should be directed to the support team.

Refunds will not be given for accounts where a failure to take action, such as canceling an account, downgrading an account or other, leads to a larger charge than expected on bill day. You are responsible for the plan your account is on at bill day.

Users may cancel their account by contacting support. In such circumstances all data will be deleted and will not be recoverable. Evini will not be held responsible for any losses when closing an account.

Use of assets belonging to the Service

You may not use the Evini logo, colours, site layout or screenshot of any area of the website requiring login without prior written permission.

Use of the Service

The Service is provided on an "as is" basis and is used at your sole risk. You expressly agree that Evini, its directors employees and contractors, and its suppliers shall not be liable for direct, indirect, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the inability to use the Service, unauthorised access to your account, violation of any applicable law on your part or any other matters relating to the Service. The failure of Evini to enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

In no event shall Evini, its directors employees and contractors, be responsible for any claims, damages, obligations, losses, liabilities, costs and expenses arising to a) your violation of the TOS or AUP b) your violation of any law or regulation or c) your use of the Service in anyway.

You may not sell, copy, resell, exploit, or attempt to, any part of the Service or access to the Service.

Payments

Some users can the Service to accept payments for services they, or a business entity they represent, provide (for example a gym charging for memberships). When Users enable this option the Service will exchange information about the person and/or business entity with Stripe in accordance with Stripe terms.

As part of the Service you may be offered a Stripe card reader. If you take up this offer you agree to the Stripe terminal purchase terms as well as Stripe terminal EULA terms

Privacy Policy

Evini stores personal data in accordance with its Privacy Policy

Violation of Terms Of Service

Violations of any of the terms outlined in the TOS may result in the suspension or termination of your account without prior notice. Evini will attempt to notify account holders of violations although such notification is not guaranteed and in severe cases termination will be immediate. Severe cases are determined by Evini at its sole discretion.

Should Evini suspend your account, your access to the Service will be prohibited. Should your account be suspended for more than 30 days then Evini reserves the right to delete your account.

Evini, at its sole discretion, has the right to suspend your account at any time for any reason.

Legal compliance

You shall comply with all applicable domestic, UK and international laws, status, ordinances and regulations regarding your use of the Service and Your Products. You may not assign, transfer or delegate this agreement, or any part of it. Any assignment, transfer or delegation will result in this agreement becoming null and void.

Notices

Notices shall be issued via email to the email address given at registration, or via a general posting to the Service. It is your responsibility to keep your account email address updated. Evini shall not be held responsible for any loss resulting from not having received a notification.

Severability

If any provision of this agreement is held invalid for any reason, the remaining sections provisions shall continue to be valid and enforceable.

Governing Law

Headings are for reference purposes only and shall not effect the interpretation of this agreement. This agreement will be covered in all respects by the laws of England and Wales.

Updates to this agreement

This agreement may be amended at any time by posting the new Terms Of Service on our website. All amended terms shall be automatically effective 30 days after they are posted on Evini. You continued use of the Service will constitute Your acceptance of any changes or additions to the new Terms Of Service.