Terms of Service

1. The agreement

These Terms of Service (the “Terms”) govern access to and use of Evaryn, a customer feedback and satisfaction survey service provided online by Evaryn LLC (“Evaryn”, “we”, “us”). They apply together with your order (the “Order”), our Data Processing Agreement, our Acceptable Use Policy and our Cancellation Policy. If the Order and these Terms conflict, the Order prevails.

The service is intended for businesses and other organizations, not for personal or household use. The person accepting these Terms confirms that they are authorized to bind the business they represent (the “Customer”, “you”).

2. The service

Evaryn lets you create short surveys from templates, share them by link, email or QR code, collect answers (including rating, choice and free-text answers), group comments by themes using tags and keyword rules you define, follow up on responses, view results by location or team, and export responses as CSV.

We may improve or change the service over time. We will not make a change that materially reduces the core functionality described in your Order during a subscription term without notice to you.

3. Accounts and users

Your workspace is set up when your Order starts. You are responsible for the people you invite, the roles you give them, and for keeping login credentials confidential. Tell us promptly at contact@evarynllc.com if you believe an account has been accessed without authorization.

Each user must be an individual. Accounts may not be shared between several people.

4. Subscription and fees

The service is provided on a subscription basis for the term stated in your Order. Subscription fees are as set out in your Order, which also states when they are due. Fees exclude applicable taxes unless the Order says otherwise.

Unless your Order says otherwise, a subscription renews for a term of the same length unless either party gives notice of non-renewal as described in the Order or in our Cancellation Policy. We will tell you in writing before any change to the fees for a renewal term takes effect.

If fees are not received when due, we may, after written notice and a reasonable period to resolve it, suspend access to the service until the matter is resolved.

5. Your data and your customers’ answers

You keep all rights in the surveys you create and in the responses you collect (“Customer Data”). You give us the limited rights needed to host, process, display and export Customer Data in order to provide the service to you.

For personal data contained in Customer Data, you act as the controller and we act as your processor (or service provider), as described in our Data Processing Agreement, which forms part of these Terms.

You are responsible for having an appropriate legal basis to collect the answers you ask for, for telling respondents who is collecting their answers and why, and for honoring any anonymous mode you announce to them.

We do not sell Customer Data, and we do not use it for advertising.

6. Acceptable use

You agree to use the service in line with our Acceptable Use Policy. In particular, surveys must not be misleading, must not be used to send unsolicited bulk messages, and must not collect sensitive information without a clear legal basis and a genuine need.

7. Availability and support

We work to keep the service available and to schedule maintenance at times that limit disruption. The service is provided over the internet and may occasionally be unavailable. Unless your Order includes a specific service level, we do not guarantee uninterrupted availability.

Support is provided by email at contact@evarynllc.com and by phone at +1 720 778 9852 on business days.

8. Security

We use reasonable technical and organizational measures designed to protect Customer Data, including encrypted connections (HTTPS) and access restricted to authorized personnel. Further details are in the Data Processing Agreement.

9. Intellectual property

We own the service, its software, design and documentation. These Terms give you a non-exclusive, non-transferable right to use the service during your subscription, for your own business purposes. You may not copy, resell, reverse engineer or build a competing product from the service.

If you send us suggestions, we may use them without obligation to you.

10. Confidentiality

Each party will keep the other’s non-public information confidential and use it only to perform under these Terms, except where disclosure is required by law.

11. Disclaimers

Except as expressly stated in these Terms or your Order, the service is provided “as is” and “as available”. To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. Survey results reflect the answers given by respondents; we do not guarantee any particular outcome for your business.

12. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, goodwill or data arising out of these Terms. Each party’s total liability arising out of these Terms is limited to the fees paid or payable by you for the service in the twelve months before the event giving rise to the claim.

These limits do not apply to your obligations to pay fees, to a party’s breach of confidentiality, to your breach of the Acceptable Use Policy, or to liability that cannot be limited by law.

13. Term, suspension and termination

These Terms apply for as long as you have an active subscription. Either party may terminate for material breach that is not cured within thirty days of written notice. We may suspend access immediately if necessary to prevent harm to the service, to other customers or to respondents, or in case of a serious breach of the Acceptable Use Policy.

Cancellation, the end of a term and what happens to your data are described in our Cancellation Policy and Data Processing Agreement. You can export your responses as CSV before your account closes.

14. Governing law and disputes

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules. Any dispute arising out of these Terms will be brought exclusively in the state and federal courts located in Arapahoe County, Colorado, and each party consents to their jurisdiction. Before starting proceedings, each party agrees to try in good faith to resolve the dispute by contacting the other in writing.

15. General

We may update these Terms. We will give you notice of material changes at least thirty days before they take effect for an existing subscription; changes do not apply retroactively. Neither party may assign these Terms without the other’s consent, except in connection with a merger or sale of the relevant business. If a provision is found unenforceable, the rest remains in effect. Notices to us go to the address below.

Evaryn LLC, 2240 S Xapary Way, Aurora, CO 80014, USA. Email: contact@evarynllc.com. Phone: +1 720 778 9852.