Data Transparency for Your Business
Copyright © Evidora, a FormClue LLC company. All rights reserved.
Please read these Terms of Service (the “Agreement”) carefully. This Agreement governs access to and use of the Evidora Platform and related services (collectively, the “Platform”).
This Agreement is entered into between Evidora, a FormClue LLC company (“Evidora,” “we,” “our,” or “us”) and the individual or legal entity accepting this Agreement (“Customer,” “you,” or “your”). If you are entering into this Agreement on behalf of an organization, you represent that you have authority to bind that organization to this Agreement.
By creating an account, executing an Order Form, or otherwise accessing or using the Platform, you agree to be bound by this Agreement.
We may update this Agreement from time to time. If we make material changes, we will provide notice through the Platform or via the email address associated with your account. Continued use of the Platform after the effective date of any update constitutes acceptance of the revised Agreement.
1.1 “Account” means a registered account that enables access to the Platform.
1.2 “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a Party, where control means ownership of more than fifty percent (50%) of voting interests.
1.3 “Applicable Law” means all laws, regulations, and governmental requirements applicable to a Party in connection with this Agreement.
1.4 “Confidential Information” means non-public information disclosed by one Party to the other that is designated as confidential or that reasonably should be understood to be confidential given its nature. Confidential Information does not include information that (a) becomes publicly available without breach of this Agreement, (b) was independently developed without use of the disclosing Party’s information, (c) was lawfully received from a third party without restriction, or (d) was already in possession without confidentiality obligation.
1.5 “Customer Data” means any data, content, documents, records, communications, or other information submitted to, collected through, generated within, or stored in the Platform by or on behalf of Customer.
1.6 “Evidence Record” means a digitally generated record created by the Platform that may include timestamps, metadata, audit trails, cryptographic verification elements, or other integrity-preserving attributes designed to support evidentiary reliability.
1.7 “Intellectual Property Rights” means all intellectual property rights worldwide, including patents, copyrights, trademarks, trade secrets, database rights, moral rights, and all related applications and registrations.
1.8 “Order Form” means an ordering document, online subscription flow, or other written agreement specifying the services purchased and pricing.
1.9 “Personal Data” means information that identifies or relates to an identifiable individual, as defined under Applicable Law.
1.10 “Platform” means the Evidora software, systems, APIs, dashboards, and related services made available under this Agreement.
1.11 “Sub-Processor” means a third party engaged by Evidora to process Personal Data on behalf of Customer.
1.12 “Trial” means temporary access to the Platform provided at no charge for evaluation purposes.
In this Agreement, headings are for convenience only and do not affect interpretation. The terms “including” and “includes” mean “including without limitation.”
Subject to this Agreement and any applicable Order Form, Evidora grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the applicable subscription term solely for Customer’s internal business purposes.
Customer shall not (a) copy, modify, or create derivative works of the Platform; (b) reverse engineer, decompile, or attempt to extract source code; (c) resell, lease, or provide access to the Platform to third parties except as expressly permitted; or (d) use the Platform in violation of Applicable Law.
Customer is solely responsible for the accuracy, legality, and integrity of Customer Data submitted to the Platform.
Customer represents and warrants that it has all necessary rights, consents, and legal authority to collect, process, and submit Customer Data to the Platform.
Customer is responsible for configuring the Platform in accordance with its legal and regulatory obligations.
The Platform may generate Evidence Records designed to support evidentiary integrity, including timestamps, metadata, audit trails, and cryptographic elements.
Customer acknowledges that Evidora does not provide legal advice and does not guarantee that any Evidence Record will be admissible in any specific jurisdiction or legal proceeding.
Customer is solely responsible for determining whether use of the Platform satisfies its evidentiary or regulatory requirements.
Customer agrees to pay all fees specified in the applicable Order Form. Fees are non-refundable except as expressly stated in this Agreement.
Failure to pay undisputed fees may result in suspension of access to the Platform.
The Platform may operate on a prepaid credit basis. Credits purchased by Customer represent the right to access and use specific Platform features and do not constitute a deposit or stored monetary value.
Except as expressly stated in an applicable Order Form, all credit purchases are final and non-refundable.
If Customer purchases credits and does not use any portion of such credits, Customer may request a refund within seven (7) days of the original purchase date. Refund eligibility applies only if no credits from the applicable purchase have been used. Partial refunds for partially used credit balances are not permitted.
Credits are non-transferable, have no cash value, and may expire in accordance with the applicable Order Form or pricing terms.
Evidora reserves the right to deny refund requests in cases of suspected abuse, misuse of the Platform, or violation of this Agreement.
Each Party agrees to use the other Party’s Confidential Information solely to perform obligations under this Agreement and to protect such information using reasonable safeguards.
Confidential Information may be disclosed only to employees, contractors, or advisors with a need to know and who are bound by confidentiality obligations.
To the extent Evidora processes Personal Data on behalf of Customer, such processing will be governed by the applicable Data Processing Addendum.
Evidora will implement reasonable technical and organizational measures designed to protect Customer Data against unauthorized access, alteration, disclosure, or destruction.
Evidora retains all right, title, and interest in and to the Platform, including all Intellectual Property Rights.
Customer retains ownership of Customer Data. Customer grants Evidora a limited license to process Customer Data solely to provide and improve the Platform.
Each Party represents that it has the authority to enter into this Agreement.
Evidora warrants that it will provide the Platform in a professional and workmanlike manner consistent with generally accepted industry standards.
Except as expressly provided, the Platform is provided “as is” and “as available.” Evidora disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
Evidora does not warrant that the Platform will be uninterrupted, error-free, or suitable for Customer’s specific legal or regulatory requirements.
To the maximum extent permitted by law, neither Party shall be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits or lost data.
Except for liability arising from gross negligence, willful misconduct, or breach of confidentiality obligations, each Party’s total aggregate liability under this Agreement shall not exceed the total fees paid by Customer to Evidora in the twelve (12) months preceding the event giving rise to the claim.
Customer agrees to indemnify and hold harmless Evidora from any claims arising out of Customer Data, Customer’s misuse of the Platform, or violation of Applicable Law.
Evidora agrees to defend Customer against claims that the Platform infringes third-party Intellectual Property Rights, subject to customary conditions and limitations.
This Agreement remains in effect during the subscription term specified in the Order Form.
Either Party may terminate this Agreement for material breach if the breach remains uncured after thirty (30) days’ written notice.
Upon termination, Customer’s access to the Platform will cease. Evidora may delete Customer Data in accordance with its data retention policies and applicable law.
Evidora may suspend access to the Platform if reasonably necessary to prevent security incidents, unlawful activity, or material harm to the Platform or other customers.
This Agreement shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.
Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Delaware, and the Parties consent to exclusive jurisdiction in such courts.
This Agreement constitutes the entire agreement between the Parties regarding the Platform and supersedes all prior agreements.
If any provision is held unenforceable, the remaining provisions will remain in full force and effect.
Customer may not assign this Agreement without Evidora’s prior written consent, except in connection with a merger or sale of substantially all assets.
Data Transparency for Your Business
Copyright © Evidora, a FormClue LLC company. All rights reserved.