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Buyer Terms and Conditions for EvalFlow
Buyer Terms and Conditions
Effective Date: January 15, 2025
## Introduction to the Services
These terms and conditions create a contract ("Agreement") between you ("Buyer") and EvalFlow and govern your use of the Services.
EvalFlow uses Paddle as the Merchant of Record and authorized reseller of the Product, which means that you purchase the Product from Paddle using the Services, but the Product is licensed to you by EvalFlow.
Please read the Agreement carefully. By placing an order through our payment processor, you agree to the terms and conditions set out in both this Agreement and our Terms of Service.
WHERE A PRODUCT IS DIGITAL CONTENT WHICH IS IMMEDIATELY MADE AVAILABLE, BY DOWNLOADING OR OTHERWISE ACQUIRING THE PRODUCT, YOU CONSENT TO IMMEDIATE PERFORMANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THIS AGREEMENT ONCE THE DOWNLOAD OR APPLICABLE TRANSMISSION OF THE DIGITAL CONTENT HAS BEGUN.
If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement affects your rights as a Consumer to rely on such mandatory provisions of local law.
## Definitions and Interpretation
"Business" means a Buyer which is purchasing the Product or using the Services in connection with their trade, business, craft or profession.
"Consumer" means a Buyer who is purchasing the Product or using the Services wholly or mainly for their personal use.
"Digital Content" means data which are produced and supplied in digital form.
"Product" means EvalFlow's software and digital services including survey creation, distribution, recipient management, and response analytics tools licensed for use by the Buyer.
"Services" means our platform services through which you can access, license, or subscribe to the Product.
"Transaction" means acquiring the Product via our Services for free or for a charge.
## Contract Formation
By completing a Transaction through our checkout process, you make a binding offer to enter into a contract with our payment processor, subject to the terms of this Agreement. The Transaction process consists of the following steps:
Step one: you select the desired Product and agree to our terms of service.
Step two: your personal data, required for the Transaction and delivery of the Product, is collected by our payment processor in accordance with their privacy policy.
Final step: you can review all of the information again and, if necessary, correct it before completing the Transaction. You complete the Transaction by clicking on the button indicating that placing the order entails an obligation to make a payment.
You will receive an order confirmation immediately upon successful completion. The order confirmation will result in the creation of this Agreement.
Your Agreement is concluded upon the successful transmission of the Product, subject to the terms of this Agreement.
## Software and Digital Services
The Product includes software and digital services that are licensed by EvalFlow. The software and services are licensed pursuant to our Terms of Service or other applicable terms associated with the Product.
## Payment, Taxes and Refunds
Our payment processor will charge your chosen payment method (such as your credit card, debit card, PayPal account or any other methods available) for any paid Transactions, including any applicable taxes according to the tax jurisdiction in which the Transaction takes place.
You agree to receipt of all invoices and receipts in an electronic format, which includes email. Product prices may change at any time. If technical problems prevent or unreasonably delay delivery of the Product, your exclusive and sole remedy is either replacement of the Product or refund of the price paid, as determined by our payment processor.
When providing us with your information, you must ensure that it is up-to-date and accurate. We will not be responsible for non-receipt of the Product due to incorrect information being provided by you.
## Consumer Right to Cancel
If you are a Consumer and unless the below exception applies, you have the right to cancel this Agreement and return the Product within 14 days without giving any reason. The cancellation period will expire after 14 days from the day after completion of the Transaction.
To cancel your order, you must inform us of your decision by contacting us at marc@eval-flow.org. Please note that in respect of subscription services your right to cancel is only present following the initial subscription and not upon each automatic renewal.
### Effect of Cancellation
If you cancel this Agreement as permitted above, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.
We will make the reimbursement using the same means of payment as you used for the initial transaction and you will not incur any fees as a result of the reimbursement.
### Exception to the Right to Cancel
Your right as a Consumer to cancel your order does not apply to the supply of Digital Content that you have started to download, stream or otherwise acquire and to Products which you have had the benefit of.
## Refund Policy
Refunds are provided at our sole discretion and on a case-by-case basis and may be refused. We will refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior.
This does not affect your rights as a Consumer in relation to Products which are not as described, faulty or not fit for purpose.
## Subscriptions
The Services may allow you to purchase access to Product on a subscription basis ("Paid Subscriptions"). Paid Subscriptions automatically renew until cancelled. We'll notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue.
If you wish to cancel your subscription, please contact us at marc@eval-flow.org at least 48 hours before the end of the current billing period. Please make sure you provide your order information and the email address used to purchase the Product. Your cancellation will take effect at the next payment date. There are no refunds on unused subscription periods.
Certain Paid Subscriptions may offer a free trial before charging you. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription before the expiration of the trial period by contacting us.
## Intellectual Property
You agree that the Services, including but not limited to content, graphics, user interface, and the software used to implement the Services, contain proprietary information and material that is owned by EvalFlow and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright.
You agree that you will not use such proprietary information or materials in any way whatsoever except for in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement.
## Limitation of Liability
We disclaim any and all warranties, express, implied or statutory regarding the Services to the full extent permitted by law and in particular do not warrant that:
i) your use of the Services will be uninterrupted or error-free;
ii) the Services or Products will be free from corruption, attack, viruses, interference, hacking or other security intrusion, and we disclaim any liability relating thereto. You shall be responsible for backing up your own system, including any Product purchased, acquired or rented using the Service.
In no event will EvalFlow, its partners, service providers, affiliates or any of their respective directors, officers, employees or agents be liable to the Buyer for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with this Agreement.
## Privacy
We will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Buyer data, as described in our Privacy Policy.
## Governing Law
This Agreement and the relationship between you and EvalFlow, and all Transactions shall be governed by the laws of the Hashemite Kingdom of Jordan.
## Contact Information
If you have any questions about these Buyer Terms, please contact us at:
marc@eval-flow.org
By using EvalFlow, you acknowledge that you have read and agree to these Buyer Terms and Conditions.