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EVATO PLATFORM PRIVACY POLICY & TERMS & CONDITIONS

THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE USE OF THE EVATO/ORIGINAL4SURE/SUPPLYTICS/GYNGER PLATFORMS/MOBILE APPS/WEBSITES IS AT THE SOLE RISK OF THE CUSTOMER AND THAT COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED AS TO CONDITION, SUITABILITY, QUALITY AND FITNESS FOR ANY PURPOSES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION CONTAINED IN THIS WEBSITE / APPLICATION IS FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION IS PROVIDED BY EVATO AND WHILE WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISE OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE. THROUGH THIS WEBSITE YOU ARE ABLE TO LINK TO OTHER WEBSITES WHICH ARE NOT UNDER THE CONTROL OF EVATO. WE HAVE NO CONTROL OVER THE NATURE, CONTENT AND AVAILABILITY OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT NECESSARILY IMPLY A RECOMMENDATION OR ENDORSE THE VIEWS EXPRESSED WITHIN THEM. EVERY EFFORT IS MADE TO KEEP THE WEBSITE / APPLICATION UP AND RUNNING SMOOTHLY. HOWEVER, EVATO TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE / APPLICATION BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND OUR CONTROL.

 

FOLLOWING DOCUMENTS ARE HEREIN INCORPORATED BY REFERENCE:

1.      CUSTOMER AGREEMENT

2.      SERVICE TERMS

3.      SERVICE LEVEL AGREEMENT

4.      SITE TERMS

5.      ACCEPTABLE USE POLICY

6.      COOKIES POLICY

7.      PRIVACY NOTICE

8.      POLICY ON REPORTING COPYRIGHT INFRINGEMENTS

9.      GDPR DATA PROCESSING ADDENDUM

10.    POLICY ON REPORTING TRADEMARK INFRINGEMENTS

 

THIS SITE/ APPLICATION/ SERVICES IS/ARE OPERATED /PROVIDED BY EVATO TECHNOLOGY PRIVATE LIMITED. THESE TERMS AND CONDITIONS ("EVATO PLATFORM TERMS & CONDITIONS") APPLY TO YOUR VISIT TO AND USE, OF THE SITE WHETHER THROUGH A COMPUTER OR A MOBILE PHONE, THE SERVICE AND THE APPLICATION, AS WELL AS TO ALL INFORMATION, RECOMMENDATIONS AND OR SERVICES PROVIDED TO YOU ON OR THROUGH THE SITE, THE SERVICE AND THE APPLICATION. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. BY CLICKING ON THE "I ACCEPT" BUTTON (OR BY TICKING CONSENT BOX), YOU ARE CONSENTING TO BE BOUND BY THESE EVATO PLATFORM TERMS & CONDITIONS. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE EVATO PLATFORM TERMS & CONDITIONS BEFORE YOU USE THE SITE. IF YOU DO NOT ACCEPT ANY OF THE EVATO PLATFORM TERMS & CONDITIONS, THEN PLEASE DO NOT USE THE SITE OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR AGREEMENT TO THESE EVATO PLATFORM TERMS & CONDITIONS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND EVATO IN RESPECT OF THE USE AND SERVICES OF THE SITE. YOUR ACCEPTANCE OF THE EVATO PLATFORM TERMS & CONDITIONS SHALL BE DEEMED TO INCLUDE YOUR ACCEPTANCE OF THE PRIVACY POLICY. BY ACCEPTING THESE EVATO PLATFORM TERMS & CONDITIONS, YOU ALSO ALLOW EVATO TO SEND YOU PROMOTIONAL EMAILS AND SMS ALERTS FROM TIME TO TIME.


ETPL Customer Agreement

 

This ETPL Customer Agreement (this "Agreement") contains the terms and conditions that govern your access to and use of the Service Offerings (as defined below) and is an agreement between Evato Technology Private Limited ("ETPL," "we," "us," or "our"), having its registered office at B-2, Third Floor, Swasthya Vihaar, New Delhi-110092, India, and you or the entity you represent ("you" or "your"). This Agreement takes effect when you click an "I Accept" button or check box presented with these terms or, if earlier, when you use any of the Service Offerings (the "Effective Date"). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see Section 14 for definitions of certain capitalized terms used in this Agreement.

 

1. Use of the Service Offerings.

 

1.1  Generally. You may access and use the Service Offerings in accordance with this Agreement. Service Level Agreements and Service Terms apply to certain Service Offerings. You will comply with the terms of this Agreement and all laws, rules, and regulations applicable to your use of the Service Offerings.

 

1.2  Your Account. To access the Services, you must have an ETPL account associated with a valid email address and a valid form of payment. Unless explicitly permitted by the Service Terms, you will only create one account per email address.

 

1.3  Third-Party Content. Third-Party Content may be used by you at your election. Third-Party Content is governed by this Agreement and, if applicable, separate terms and conditions accompanying such Third-Party Content, which terms and conditions may include separate fees and charges.

 

2. Changes.

 

2.1  To the Service Offerings. We or our affiliates may change or discontinue any or all of the Service Offerings or change or remove functionality of any or all of the Service Offerings from time to time. We will notify you of any material change to or discontinuation of the Service Offerings.

 

2.2  To the APIs. We or our affiliates may change or discontinue any APIs for the Services from time to time. For any discontinuation of or material change to an API for a Service, we will use commercially reasonable efforts to continue supporting the previous version of such API for 12 months after the change or discontinuation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) would cause us to violate the law or requests of governmental entities).

 

2.3  To the Service Level Agreements. We may change, discontinue or add Service Level Agreements from time to time in accordance with Section 12.

 

3. Security and Data Privacy.

 

3.1  ETPL Security. Without limiting Section 10 or your obligations under Section 4.2, we will implement reasonable and appropriate measures designed to help you secure Your Content against accidental or unlawful loss, access or disclosure.

 

3.2  Data Privacy. You may specify the ETPL regions in which Your Content will be stored. You consent to the storage of Your Content in, and transfer of Your Content into, the ETPL regions you select. We will not access or use Your Content except as necessary to maintain or provide the Service Offerings, or as necessary to comply with the law or a binding order of a governmental body. We will not (a) disclose Your Content to any government or third party or (b) subject to Section 3.3, move Your Content from the ETPL regions selected by you; except in each case as necessary to comply with the law or a binding order of a


governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement or order referred to in this Section 3.2. We will only use your Account Information in accordance with the Privacy Policy, and you consent to such usage. The Privacy Policy does not apply to Your Content.

 

3.3  Service Attributes. To provide billing and administration services, we may process Service Attributes in the ETPL region(s) where you use the Service Offerings and the ETPL regions in the India. To provide you with support services initiated by you and investigate fraud, abuse or violations of this Agreement, we may process Service Attributes where we maintain our support and investigation personnel.

 

4. Your Responsibilities.

 

4.1  Your Accounts. Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to your account.

 

4.2  Your Content. You will ensure that Your Content and your and End Users’ use of Your Content or the Service Offerings will not violate any of the Policies or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Your Content.

 

4.3   Your Security and Backup. You are responsible for properly configuring and using the Service Offerings and otherwise taking appropriate action to secure, protect and backup your accounts and Your Content in a manner that will provide appropriate security and protection, which might include use of encryption to protect Your Content from unauthorized access and routinely archiving Your Content.

 

4.4   Log-In Credentials and Account Keys. ETPL log-in credentials and private keys generated by the Services are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.

 

4.5   End Users. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Service Offerings. You are responsible for End Users’ use of Your Content and the Service Offerings. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you will immediately suspend access to Your Content and the Service Offerings by such End User. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide such support or services.

 

5. Fees and Payment.

 

5.1  Service Fees. We calculate and bill fees and charges monthly. We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. We will invoice you from our registered office at the address of your establishment (as registered with the tax authorities, if applicable) receiving the Services in accordance with the applicable indirect tax laws. You will pay us the applicable fees and charges for use of the Service Offerings as described on the Site using one of the payment methods we support. Payment will be due within 30 days from the date of our invoice. All amounts payable by you under this Agreement will be paid to us without setoff, or counterclaim, and without any deduction, or withholding unless required by law. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the Site, unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services you are using by giving you at least 30 days’ prior notice. We may elect to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments. You


acknowledge that ETPL may display the applicable fees and charges for the Service Offerings on the Site in INR (or such other currency as ETPL may deem fit). However, ETPL will invoice you in INR calculated and converted in accordance with the conversion rate determined by us on the date of invoice ("INR Equivalent Fees"). You will only be liable to pay the INR Equivalent Fees indicated in each invoice.

 

5.2  Taxes. All fees and charges payable under this Agreement will be exclusive of applicable national, state or local Indirect taxes ("Taxes") that ETPL is legally obligated to charge under the applicable laws. For the purpose of this clause, GST will include the Central Goods and Services Tax ("Central Tax"), the State Goods and Services Tax ("State Tax"), the Union Territory Goods and Services Tax ("UT Tax"), the Integrated Goods and Services Tax ("Integrated Tax") as may be applicable. The Taxes charged by ETPL will be stated in the invoice pursuant to applicable laws. ETPL may charge and you will pay any applicable Taxes, which are stated separately on the invoice. As per the statutory requirement under GST, you will provide all necessary information such as the correct GST registered address, legal name and GSTIN ("GST Information") in order for ETPL to issue correct GST invoices as per the applicable legal requirements. In the event, the GST invoice is incorrect, you will inform us in a timely manner, to enable ETPL to correct the GST tax invoice. ETPL will determine the place of supply for the Services based on the GST Information provided by you and accordingly, charge GST (CGST and SGST/UTGST or IGST) on its invoice. Any withholding taxes that may be applicable to the fees and charges payable to us are for our account. You will pay the fees and charges in our invoice in full (gross) without applying any withholding taxes. If you separately deposit applicable withholding taxes on such fees and charges to the applicable government treasury and issue us a withholding tax certificate evidencing such deposit, following receipt of the withholding tax certificate in original form, we will reimburse to you an amount equal to the taxes that are evidenced as deposited.

 

6. Temporary Suspension.

 

6.1  Generally. We may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you if we determine:

 

(a)  your or an End User’s use of the Service Offerings (i) poses a security risk to the Service Offerings or any third party, (ii) could adversely impact our systems, the Service Offerings or the systems or Content of any other ETPL or ETPL customer, (iii) could subject us, our affiliates, or any third party to liability, or

(iv) could be fraudulent;

(b)  you are, or any End User is, in breach of this Agreement

(c)  you are in breach of your payment obligations under Section 5; or

 

(d)  you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

 

6.2   Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings:

 

(a)  you remain responsible for all fees and charges you incur during the period of suspension; and

 

(b)  you will not be entitled to any service credits under the Service Level Agreements for any period of suspension.


7. Term; Termination.

 

7.1  Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated under this Section 7. Any notice of termination of this Agreement by either party to the other must include a Termination Date that complies with the notice periods in Section 7.2.

 

7.2  Termination.

 

(a)   Termination for Convenience. You may terminate this Agreement for any reason by providing us notice and closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice.

 

(b)  Termination for Cause.

 

(i)   By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement and the material breach remains uncured for a period of 30 days from receipt of notice by the other party. No later than the Termination Date, you will close your account.

 

(ii)  By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause if we have the right to suspend under Section 6, (B) if our or our affiliates' relationship with a third-party partner who provides software or other technology we or our affiliates use to provide the Service Offerings expires, terminates or requires us or our affiliates to change the way we provide the software or other technology as part of the Services, or (C) in order to comply with the law or requests of governmental entities.

 

7.3  Effect of Termination.

 

(a)  Generally. Upon the Termination Date:

 

(i)  except as provided in Section 7.3(b), all your rights under this Agreement immediately terminate;

 

(ii)   you remain responsible for all fees and charges you have incurred through the Termination Date and are responsible for any fees and charges you incur during the post-termination period described in Section 7.3(b);

 

(iii)  you will immediately return or, if instructed by us, destroy all ETPL Content in your possession; and

 

(iv)  Sections 4.1, 5, 7.3, 8 (except the license granted to you in Section 8.3), 9, 10, 11, 13 and 14 will continue to apply in accordance with their terms.

 

(b)  Post-Termination. Unless we terminate your use of the Service Offerings pursuant to Section 7.2(b), during the 30 days following the Termination Date:

 

(i)  we and our affiliates will not take action to remove from the ETPL systems any of Your Content as a result of the termination; and

 

(ii)  we will allow you to retrieve Your Content from the Services only if you have paid all amounts due under this Agreement.

For any use of the Services after the Termination Date, the terms of this Agreement will apply and you will pay the applicable fees at the rates under Section 5.


8. Proprietary Rights.

 

8.1  Your Content. Except as provided in this Section 8, we and our affiliates obtain no rights under this Agreement from you (or your licensors) to Your Content. You consent to our use of Your Content to provide the Service Offerings to you and any End Users.

 

8.2  Adequate Rights. You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Suggestions; (b) you have all rights in Your Content and Suggestions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content or End Users’ use of Your Content or the Service Offerings will violate the Acceptable Use Policy.

 

8.3  Service Offerings License. We or our affiliates or licensors own all right, title, and interest in and to the Service Offerings, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following: (a) access and use the Services solely in accordance with this Agreement; and (b) copy and use the ETPL Content solely in connection with your permitted use of the Services. Except as provided in this Section 8.3, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Service Offerings, including any related intellectual property rights. Some ETPL Content and Third-Party Content may be provided to you under a separate license, such as the Apache License, Version 2.0, or other open source license. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to the ETPL Content or Third-Party Content that is the subject of such separate license.

 

8.4  License Restrictions. Neither you nor any End User will use the Service Offerings in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Service Offerings (except to the extent Content included in the Service Offerings is provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings (except to the extent applicable law doesn’t allow this restriction), (c) access or use the Service Offerings in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service Offerings. You may only use the Marks in accordance with the Trademark Use Guidelines. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.

 

8.5  Suggestions. If you provide any Suggestions to us or our affiliates, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us or our affiliates any assistance we require to document, perfect, and maintain our rights in the Suggestions.

 

9. Indemnification.

 

9.1  General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of the Service Offerings (including any activities under your ETPL account and use by your employees and personnel);

(b) breach of this Agreement or violation of applicable law (including submission of any incorrect or inaccurate GST Information) by you, End Users or Your Content; or (c) a dispute between you and any End User. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party summons or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates.


9.2  Intellectual Property.

 

(a)   Subject to the limitations in this Section 9, ETPL will defend you and your employees, officers, and directors against any third-party claim alleging that the Services infringe or misappropriate that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

 

(b)  Subject to the limitations in this Section 9, you will defend ETPL, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

 

(c)   Neither party will have obligations or liability under this Section 9.2 arising from infringement by combinations of the Services or Your Content, as applicable, with any other product, service, software, data, content or method. In addition, ETPL will have no obligations or liability arising from your or any End User’s use of the Services after ETPL has notified you to discontinue such use. The remedies provided in this Section 9.2 are the sole and exclusive remedies for any third-party claims of infringement or misappropriation of intellectual property rights by the Services or by Your Content.

 

(d)  For any claim covered by Section 9.2(a), ETPL will, at its election, either: (i) procure the rights to use that portion of the Services alleged to be infringing; (ii) replace the alleged infringing portion of the Services with a non-infringing alternative; (iii) modify the alleged infringing portion of the Services to make it non-infringing; or (iv) terminate the allegedly infringing portion of the Services or this Agreement.

 

9.3  Process. The obligations under this Section 9 will apply only if the party seeking defense or indemnity:

(a) gives the other party prompt written notice of the claim; (b) permits the other party to control the defense and settlement of the claim; and (c) reasonably cooperates with the other party (at the other party’s expense) in the defense and settlement of the claim. In no event will a party agree to any settlement of any claim that involves any commitment, other than the payment of money, without the written consent of the other party.

 

10.  Disclaimers.

 

THE SERVICE OFFERINGS ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED,WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND

(IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.


11.  Limitations of Liability.

 

WE AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 9.2, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE.

 

12.  Modifications to the Agreement.

 

We may modify this Agreement (including any Policies) at any time by posting a revised version on the Site or by otherwise notifying you in accordance with Section 13.10; provided, however, that we will provide at least 90 days’ advance notice in accordance with Section 13.10 for adverse changes to any Service Level Agreement. Subject to the 90-day advance notice requirement with respect to adverse changes to Service Level Agreements, the modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the end of this Agreement.

 

13.  Miscellaneous.

 

13.1   Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.1 will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

 

13.2   Entire Agreement. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) including for example, any term, condition or other provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document, (b) related to any online registration, response to any Request for Bid, Request for Proposal, Request for Information, or other questionnaire, or (c) related to any invoicing process that you submit or require us to complete. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control, except that the Service Terms will control over this document.


13.3   Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

 

13.4  Governing Law. The laws of India, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us.

 

13.5  Disputes. Any dispute or claim relating in any way to your use of the Service Offerings, or to any products or services sold or distributed by ETPL or our affiliates will be resolved by binding arbitration by a sole arbitrator appointed by ETPL, rather than in court. The decision and award determined by such arbitration will be final and binding upon the parties. Court review of an arbitration award is limited. The arbitration will be conducted in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996, as may be in force from time to time. The arbitration proceedings will be conducted in English, and the seat of the arbitration will be New Delhi. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

13.6   Trade Compliance. In connection with this Agreement, each party will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the Service Offerings, including your transfer and processing of Your Content, the provision of Your Content to End Users, and the ETPL region in which any of the foregoing occur. You represent that you and the entities that own or control you, and the financial institutions used to pay ETPL under this Agreement, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list, and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

 

13.7  Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party, and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.

 

13.8  Language. All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

 

13.9  Confidentiality and Publicity. You may use ETPL Confidential Information only in connection with your use of the Service Offerings as permitted under this Agreement. You will not disclose ETPL Confidential Information during the Term or at any time during the 5 year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of ETPL Confidential Information, including, at a minimum, those measures you take to protect your own


confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Agreement or your use of the Service Offerings.

 

13.10  Notice.

 

(a)  To You. We may provide any notice to you under this Agreement by:

 

(i)  posting a notice on the Site; or

(ii)  sending a message to the email address then associated with your account. Notices we provide by posting on the Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.

 

(b)  To Us. To give us notice under this Agreement, you must contact ETPL as follows: (i) by facsimile transmission to 011-40105289; or (ii) by personal delivery, overnight courier or registered or certified mail to Evato Technology Private Limited, B-2, Third Floor, Swasthya Vihaar, New Delhi-110092, India. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective 3 business days after they are sent.

 

13.11   No Third-Party Beneficiaries; Affiliates. Except as set forth in Section 9, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement. You acknowledge and agree that our rights and obligations under this Agreement may be exercised or performed by one or more of our affiliates.

 

13.12   No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

 

13.13  Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

 

14.  Definitions.

 

"Acceptable Use Policy" means the policy located at https://evato.co/legal/aup (and any successor or related locations designated by us), as it may be updated by us from time to time.

 

"Account Information" means information about you that you provide to us in connection with the creation or administration of your ETPL account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your ETPL account.

 

"API” means an application program interface.

 

"ETPL Confidential Information" means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. ETPL Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are


obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. ETPL Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the ETPL Confidential Information.

 

"ETPL Content" means Content we or any of our affiliates make available in connection with the Services or on the Site to allow access to and use of the Services, including APIs, WSDLs; Documentation; sample code; software libraries; command line tools; proofs of concept; templates; and other related technology (including any of the foregoing that are provided by our personnel). ETPL Content does not include the Services or Third-Party Content.

 

"Content" means software (including machine images), data, text, audio, video, or images.

 

"Documentation" means the user guides and admin guides (in each case exclusive of content referenced via hyperlink) for the Services located at https://evato.co/documentation (and any successor or related locations designated by us), as such user guides and admin guides may be updated from time to time.

 

"End User" means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Service Offerings under your account. The term "End User" does not include individuals or entities when they are accessing or using the Services or any Content under their own ETPL or ETPL account, rather than under your account.

 

"Losses” means any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).

 

"Marks" means any trademarks, service marks, service or trade names, logos, and other designations of ETPL and its affiliates that we may make available to you in connection with this Agreement.

 

"Policies" means the Acceptable Use Policy, Privacy Policy, the Site Terms, the Service Terms, the Trademark Use Guidelines, all restrictions described in the ETPL Content and on the Site, and any other policy or terms referenced in or incorporated into this Agreement but does not include whitepapers or other marketing materials referenced on the Site.

 

"Privacy Policy" means the privacy policy located at https://evato.co/legal/privacy (and any successor or related locations designated by us), as it may be updated by us from time to time.

 

"Service" means each of the services made available by us or our affiliates, including those web services described in the Service Terms. Services do not include Third-Party Content.

 

"Service Attributes" means Service usage data related to your account, such as resource identifiers, metadata tags, security and access roles, rules, usage policies, permissions, usage statistics and analytics.

 

"Service Level Agreement" means all service level agreements that we offer with respect to the Services and post on the Site, as they may be updated by us from time to time. The service level agreements we currently offer with respect to the Services are located at https://evato.co/legal/service-level-agreements/ (and any successor or related locations designated by us), as may be updated by us from time to time.

 

"Service Offerings" means the Services (including associated APIs), the ETPL Content, the Marks, and any other product or service provided by us under this Agreement. Service Offerings do not include Third Party Content.


"Service Terms" means the rights and restrictions for particular Services located at https://evato.co/legal/service-terms (and any successor or related locations designated by us), as they may be updated by us from time to time.

 

"Site" means https://evato.co (and any successor or related locations designated by us including but not limited to https://original4sure.com, https://supplytics.com etc.), as may be updated by us from time to time.

 

"Site Terms" means the terms of use located at https://evato.co/terms/ (and any successor or related locations designated by us), as may be updated by us from time to time.

 

"Suggestions" means all suggested improvements to the Service Offerings that you provide to us. "Term" means the term of this Agreement described in Section 7.1.

"Termination Date" means the effective date of termination provided in accordance with Section 7, in a notice from one party to the other.

 

"Third-Party Content" means Content made available to you by any third party on the Site or in conjunction with the Services.

 

"Trademark Use Guidelines" means the guidelines and trademark license located at https://evato.co/trademark-guidelines/(and any successor or related locations designated by us), as they may be updated by us from time to time.

 

"Your Content" means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your ETPL account and any computational results that you or any End User derive from the foregoing through their use of the Services. For example, Your Content includes Content that you or any End User stores in Original4Sure/Supplytics Dashboard. Your Content does not include Account Information.

 

Last updated September 30, 2018


Service Terms

 

Last updated: September 30, 2018

 

The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the ETPL Customer Agreement or other agreement with us governing your use of our Services (the "Agreement"), the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

 

1. Universal Service Terms (Applicable to All Services)

 

1.1.  You may only use the Services to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by you. As used in these Service Terms, "Your Content" includes any "Company Content" and any "Customer Content". As part of the Services, you may be allowed to use certain software (including related documentation) provided by us, our affiliates, or third party licensors. This software is neither sold nor distributed to you and you may use it solely as part of the Services. You may not transfer it outside the Services without specific authorization to do so.

 

1.2.  You must comply with the current technical documentation applicable to the Services (including the applicable developer guides) as posted by us or our affiliates and updated from time to time on the Site. In addition, if you create technology that works with a Service, you must comply with the current technical documentation applicable to that Service (including the applicable developer guides) as posted by us or our affiliates and updated from time to time on the Site.

 

1.3.   You will provide information or other materials related to Your Content (including copies of any client-side applications) as reasonably requested by us or our affiliates to verify your compliance with the Agreement. We and our affiliates may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us or our affiliates to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.

 

1.4.  If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (including the documentation, the Service Terms, or the Acceptable Use Policy) ("Prohibited Content"), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we or our affiliates may remove or disable access to the Prohibited Content or suspend the Services to the extent we or our affiliates are not able to remove or disable access to the Prohibited Content. Notwithstanding the foregoing, we or our affiliates may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, or as required to comply with any applicable law or any judicial, regulatory or other governmental order or request. In the event that we or our affiliates remove content without prior notice, we will provide prompt notice to you unless prohibited by law.

 

1.5.  From time to time, we may offer free or discounted pricing programs covering certain usage of the Services (each, a "Special Pricing Program"). We may stop accepting new sign-ups or discontinue a Special Pricing Program at any time. Standard charges will apply after a Special Pricing Program ends or if you exceed the limitations by the Special Pricing Program. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) for the Special Pricing Program as described in the offer terms for the Special Pricing Program or on the pricing page for the eligible Service(s). You may not access or use the Services in a way intended to avoid any additional terms,


restrictions, or limitations (e.g., establishing multiple ETPL accounts in order to receive additional benefits under a Special Pricing Program), and we may immediately terminate your account if you do so. Any data stored or instances provided as part of a Special Pricing Program must be actively used.

 

1.6.  If we make multiple discounts or pricing options for a Service available to you at one time, you will only be eligible to receive one discount or pricing option, and will not be entitled to cumulative discounting and pricing options.

 

1.7.  You will ensure that all information you provide to us via the Site (for instance, information provided in connection with your registration for the Services, requests for increased usage limits, etc.) is accurate, complete and not misleading.

 

1.8.  From time to time, we or our affiliates may apply upgrades, patches, bug fixes or other maintenance to the Service Offerings ("Maintenance"). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.

 

1.9.  If your Agreement does not include a provision on ETPL Confidential Information, and you and ETPL do not have an effective non-disclosure agreement in place, then you agree that you will not disclose ETPL Confidential Information (as defined in the ETPL Customer Agreement), except as required by law.

 

1.10.  Beta Service Participation

 

1.10.1.  This Section describes the additional terms and conditions under which you may access and use certain features, technologies and services made available to you by us or our affiliates that are not yet generally available, including, but not limited to, any products, services, or features labeled "beta", "preview", "pre-release", or "experimental" (each, a "Beta Service") or access and use Service Offerings available in Evato regions that are not generally available, including, but not limited to, any Evato regions identified by us or our affiliates as "beta", "preview", "pre-release", or "experimental" (each, a "Beta Region”).

 

1.10.2.  During the term of the applicable Beta Service or Beta Region (as specified by us or our affiliates), you may: (a) access and use the Beta Service or Service Offerings in any Beta Region solely for internal evaluation purposes; and (b) install, copy, and use any related ETPL Content that may be provided to you by us or our affiliates in connection with the Beta Service or Service Offerings in any Beta Region ("Beta Materials") solely as necessary to access and use the Beta Service or Service Offerings in any Beta Region in the manner permitted by this Section.

 

1.10.3.  You agree not to allow access to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials by any third party other than your employees and contractors who (i) have a need to use or access the Beta Service, Service Offerings in the Beta Region or Beta Materials in connection with your internal evaluation activities, and (ii) have executed written non-disclosure agreements obligating them to protect the confidentiality of non-public information regarding the Beta Service, Beta Region and Beta Materials.

 

1.10.4.  You must comply with all policies and guidelines related to any Beta Service or Beta Region as posted on the Site or otherwise made available to you, including the Privacy Policy, Acceptable Use Policy, the Service Terms, and any additional terms and conditions for a specific Beta Service or Beta Region. We or our affiliates may add or modify restrictions, including lowering or raising any usage limits, related to access to or use of any Beta Service, Service Offerings in any Beta Region or Beta Materials at any time. If requested by us or our affiliates, you will promptly increase or decrease your usage of the applicable Beta Service, Service Offerings in a Beta Region or Beta Materials to the levels that we or our


affiliates may specify. Service Level Agreements do not apply to Beta Services or any Services Offerings in Beta Regions.

 

1.10.5.  We may suspend or terminate your access to or use of any Beta Service or Service Offerings in any Beta Region at any time and for any reason. We may at any time cease providing any or all of any Beta Service or any Service Offering in a Beta Region in its sole discretion and without notice. Beta Services and Services Offerings in Beta Regions also may be unavailable and/or their performance may be negatively affected by scheduled and unscheduled maintenance. We will use reasonable efforts to notify you in advance of scheduled maintenance, but we are unable to provide advance notice of unscheduled or emergency maintenance.

 

1.10.6.  In consideration of being allowed to access and use a Beta Service or Service Offering in a Beta Region, you agree to provide us with information relating to your access, use, testing, or evaluation of the Beta Service, Service Offerings in the Beta Region or any related Beta Materials, including observations or information regarding the performance, features and functionality of the Beta Service or any related Beta Materials as applicable, when and in the form reasonably requested by us ("Test Observations"). We will own and may use and evaluate all Test Observations for our own purposes. You will not use any Test Observations except for your internal evaluation purposes of the Beta Service or Beta Region.

 

1.10.7.  Beta Materials, Test Observations, Suggestions concerning a Beta Service or Beta Region, or any other information about or involving (including the existence of) any Beta Service or Beta Region are considered ETPL Confidential Information. You will not disclose (including, but not limited to, in a press release or public statement) any Beta Materials, Test Observations, Suggestions concerning a Beta Service, or any other information about or involving (including the existence of) any Beta Service, except as agreed by ETPL in writing.

 

1.10.8.   ADDITIONAL WARRANTY DISCLAIMERS. WITHOUT LIMITING ANY DISCLAIMERS IN THE AGREEMENT OR THE SERVICE TERMS, THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT OR THESE SERVICES TERMS, WE OR OUR AFFILIATES ARE PROVIDING THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS AND BETA MATERIALS TO YOU "AS IS." ETPL AND ITS AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS, INCLUDING ANY WARRANTY THAT THE BETA SERVICES, SERVICE OFFERINGS IN BETA REGIONS, BETA REGIONS AND BETA MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ETPL AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ETPL'S AND ITS AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY FOR ANY BETA SERVICES WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THE AGREEMENT FOR THE BETA SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

 

1.10.10. Because the Beta Services and Materials involve features, technologies and services that are not yet generally available, you acknowledge that any violation of this Section 1.10 could cause irreparable harm to us or our affiliates for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore agree that we and our affiliates will have the right, in addition to its other rights and remedies, to seek injunctive relief for any violation of this Section 1.10.


 

1.11.  You may perform benchmarks or comparative tests or evaluations (each, a “Benchmark Test”) of the Service Offerings; provided, however, that you may not, and may not direct or permit third-parties to, disclose results or data produced from any Benchmark Test of a Service Offering, unless: (a) such disclosure includes all information necessary for us, our affiliates or any third-party to completely and accurately replicate the Benchmark Test; (b) you permit us or our affiliates to perform Benchmark Tests of your products or services and to disclose results or data produced from such Benchmark Tests, provided that such disclosure includes all information necessary for you or any third-party to completely and accurately replicate the Benchmark test; and (c) if you perform a Benchmark Test for a third-party, directly or indirectly, in exchange for consideration, you will identify the third-party and you represent and warrant that you have procured all rights necessary for us or our affiliates to perform Benchmark Tests of the third-party’s products or services and to disclose results or data produced from such Benchmark Tests.

 

2. Original4Sure

 

2.1.  You must own or have all necessary rights to use any domain name or SSL certificate that you use in conjunction with Original4Sure. You are solely responsible for the renewal, security and proper configuration of any SSL certificates that you provide for use with Original4Sure, including any disclosure of your SSL certificates to third parties.

 

2.2.  Original4Sure's feature may utilize wide range of tools for various purposes including but not limited to a third party geo-location database, which may not be accurate in all situations.

 

 

3. Supplytics

 

3.1.  In connection with your use of Supplytics (including all modules, components, instances and instance types, hosts and other resources, dedicated, reserved or on-demand, collectively "Supplytics") and the Services, you are responsible for maintaining licenses and adhering to the license terms of any software you run.

 

3.2.   Using Microsoft Software. In conjunction with the Services, you may be allowed to use certain software (including related documentation) developed and owned by Microsoft Corporation or its licensors (collectively, the "Microsoft Software").

 

3.2.1.  If you choose to use the Microsoft Software, Microsoft and its licensors require that you agree to these additional terms and conditions:

      The Microsoft Software is neither sold nor distributed to you and you may use it solely in conjunction with the Services.

      You may not transfer or use the Microsoft Software outside the Services.

      You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Microsoft Software.

      You may not reverse engineer, decompile or disassemble the Microsoft Software, except to the extent expressly permitted by applicable law.

      Microsoft disclaims, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft or its suppliers for any damages, whether direct, indirect, or consequential, arising from the Services.

      Microsoft is not responsible for providing any support in connection with the Services. Do not contact Microsoft for support.

      You are not granted any right to use the Microsoft Software in any application controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any


similar scenario (collectively, "High Risk Use"). Microsoft and its suppliers disclaim any express or implied warranty of fitness for High Risk Use. High Risk Use does not include utilization of the Microsoft Software for administrative purposes, to store configuration data, engineering and/or configuration tools, or other non-control applications, the failure of which would not result in death, personal injury, or severe physical or environmental damage. These non-controlling applications may communicate with the applications that perform the control, but must not be directly or indirectly responsible for the control function.

      Microsoft is an intended third-party beneficiary of this Section 4.2, with the right to enforce its provisions.

 

 

3.2.2.   For any instance running Microsoft Software (each, a “Microsoft Instance”), you may not use nesting, container or similar technologies to sell or resell multiple instances, portion(s) of an instance, or containers running within the Microsoft Instance, unless (a) you are the ultimate end user of the Microsoft Instance, (b) you have supplemented the Microsoft Instance with your own applications, or (c) you have added primary and significant functionality to the Microsoft Instance.

 

3.3.   Using Third Party Software. In conjunction with the Services, you may be allowed to use certain software (including related support, maintenance, and documentation) developed, owned or provided by third parties or their licensors. Use of third party software is subject to respective additional terms and conditions.

 

3.4.  As part of using Supplytics, you agree that your Supplytics resources may be terminated or replaced due to failure, retirement or other Evato requirement(s). To the extent permitted by law, we and our affiliates have no liability whatsoever for any damages, liabilities, losses (including any corruption, deletion, or destruction or loss of data, applications or profits), or any other consequences resulting from the foregoing. THE USE OF SUPPLYTICS DOES NOT GRANT YOU, AND YOU HEREBY WAIVE, ANY RIGHT OF PHYSICAL ACCESS TO, OR PHYSICAL POSSESSION OF, ANY EVATO SERVERS, EQUIPMENT, REAL OR PERSONAL PROPERTY, OR OTHER ASSETS.

 

4. Consolidated Billing

 

Consolidated Billing has been incorporated into Evato Organizations (See Section 10).

 

5. Evato Identity and Access Management (IAM)

 

5.1.  You may use IAM to create additional sets of security credentials (the "User Credentials") under your ETPL account, the format of which may include a username and password, roles, policies, permissions, access keys, and/or a security token. The User Credentials are subject to change: (a) by you through the IAM APIs, or (b) if we or our affiliates determine in our reasonable discretion that a change is necessary. We will promptly notify you of any change we make to the User Credentials.

 

5.2.  You will ensure that all use of the Services under the User Credentials complies with the terms and conditions of the customer agreement between you and us that governs your use of the Services.

 

5.3.  You are responsible for all applicable fees associated with use of the Services in connection with IAM, including fees incurred as a result of any User Credentials. You are responsible for maintaining the secrecy and security of the User Credentials (other than any key that we expressly permit you to use publicly). You are solely responsible, and we and our affiliates have no liability, for any activities that occur under the User Credentials, regardless of whether such activities are undertaken by you, your employees, agents, subcontractors or customers, or any other third party. You are responsible for the


creation, distribution, and security (including enabling of access) of all User Credentials created under your ETPL account, including credentials that you have used IAM to create or disclose to other parties.

 

5.4.  Except as otherwise provided by ETPL, you may only use User Credentials for your internal use and may not expose your User Credentials publicly. You may not sell, transfer or sublicense or authorize the creation of User Credentials (other than public use of any key that we expressly permit you to use publicly) to any other party; provided that, you may disclose or cause to be disclosed User Credentials to your agents or subcontractors that are performing services for you, solely to allow the agents or subcontractors to use the Services on your behalf in accordance with the agreement between you and us that governs your use of the Services.

 

5.5.  Any third party identity provider that you use in connection with the Service Offerings is Third Party Content under the Agreement and may be provided directly to you by a third party under separate terms and conditions. You are solely responsible for complying with those terms and conditions. We and our affiliates may change, discontinue or deprecate support for an identity provider for any reason, including if the continued use of the identity service (a) poses a security or intellectual property issue, (b) is economically or technically burdensome, or (c) must be terminated to comply with the law or requests of governmental entities.

 

6. Evato Support

 

6.1.  We will provide "Support" in accordance with the terms of Evato Support Features page available at http://evato.co/premiumsupport (the "Guidelines"). Support is available only as described in the Guidelines. If you are experiencing problems with one or more Services in connection with your use of any Content that was provided to you by a third party (someone other than yourself or ETPL or its affiliates) then Support is not available.

 

6.2.   In providing Support, ETPL will use commercially reasonable efforts to (a) respond within the "Response Times" set forth in the Guidelines for all properly submitted cases from authorized individuals, and (b) work towards the identification and resolution of the problems submitted. When submitting a case, you may designate the severity level of a problem; provided that, we reserve the right to reclassify the severity level in our reasonable opinion. All Response Times are measured from the point when a case has been properly submitted by an authorized individual to us. Cases may be submitted as specified in the Guidelines. We do not represent, warrant or guarantee that (i) we will always be able to resolve a case fully, (ii) you will no longer experience a problem, (iii) we will provide a bug fix, patch or other workaround in connection with the identified problem, or (iv) any support or advice will result in any performance efficiency or improvement. You are solely responsible for the implementation and results of any suggestions or advice received.

 

6.3.   Unless otherwise set forth in the Guidelines, Support fees will be the greater of (a) the specified minimum monthly fee, or (b) a percentage of your monthly usage charges for all Services during the billing period. Regardless of when you sign up or terminate Support, you are obligated to pay for a minimum of thirty (30) days of support each time you register to receive the service. Implementation of any suggested configurations or improvements may result in additional fees and charges. We reserve the right to refuse to provide Support to any customer that frequently registers for and terminates the service.

 

7. [Reserved]

 

8. Evato Marketplace

 

8.1.  The Evato Marketplace is a venue operated by Evato that allows Content to be offered, sold, and bought. Content may be sold by Evato or a third party, and the party offering or selling the Content may


specify separate terms and conditions and privacy policies for the use of the Content. If the Content is offered or sold by a third party, that party will be the seller of record for the Content. Evato and ETPL are not a party to the terms with respect to Content offered or sold by third parties. Any Content of third parties offered through the Evato Marketplace constitutes "Third Party Content" under the Agreement. While Evato may help facilitate the resolution of disputes between you and third parties, Evato and ETPL are not responsible for Third Party Content and has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of Third Party Content or listings, or the ability of sellers to offer the Content.

8.2.   Except to the extent Content is provided to you under a separate license that expressly states otherwise, neither you nor any End User may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any Content, (b) reverse engineer, disassemble, or decompile the Content or apply any other process or procedure to derive the source code of any software included in the Content, (c) resell or sublicense the Content, (d) transfer Content outside the Services without specific authorization to do so, or (e) tamper with or circumvent any controls or make unauthorized copies of the Content.

 

8.3.   Evato may stop providing the Evato Marketplace (or any features of or listings within the Evato Marketplace) to you at Evato's sole discretion, without prior notice to you. In addition, Evato may disable or remove Content already purchased, if Evato determines in its sole discretion that the Content may violate any Evato policies or any other regulations, policies or laws.

 

8.4.  You authorize Evato, its affiliates, and its third-party payment processors and any service providers to charge the payment method you select in your ETPL account for Content that you purchase in the Evato Marketplace. This may include one-time payments as well as recurring payments. A "recurring payment" is a payment that occurs at the specified intervals and amounts provided at the time of purchase (e.g. annually or monthly). The applicable fees and billing periods for the Content are listed on the confirmation screen when you place your order. Your authorizations will remain until cancelled. You may cancel your subscriptions at any time by logging into "Your Software Subscriptions" on the Site. Unless we specify otherwise, only valid credit cards may be used to purchase a recurring payment subscription.

 

8.5.  If you have provided your value added tax (VAT) registration number to us so that it can be applied to your purchases, then the information you provide with your registration (including your VAT registration number and the name and address associated with your VAT registration) will be shared with third parties from whom you have purchased software on the Evato Marketplace to the extent necessary for those third parties to comply with VAT invoicing regulations and requirements.

 

8.6.   You will be responsible for identifying and paying all applicable taxes, governmental fees, and charges (including any penalties, interest, and other additions) that may be imposed on you with respect to the purchases you make on the Evato Marketplace. The purchase fees and charges payable by you will be exclusive of all applicable Taxes, and will be made free and clear of any deduction or withholding, as may be required by law. For clarity, if any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, you will pay such additional amount, as necessary, to ensure that the net amount received by Evato is equal to the amount then due and payable by you for your purchases on the Evato Marketplace. Evato will provide you with such tax forms, as are reasonably requested, in order to reduce or eliminate the amount of any withholding or deduction for taxes, in respect of the payments made by you for purchases on the Evato Marketplace. Evato may charge, and you will pay, all applicable Taxes that we are legally obligated or authorized to collect from you. Evato will not collect, and you will not pay, any Taxes for which you furnish us a properly completed exemption certificate, or a direct payment permit certificate, for which Evato may claim an available exemption from such Taxes.

 

9. Evato Professional Services


9.1.  "Evato Professional Services" are advisory services and implementation assistance designed to help you use the other Services. If ETPL provides Evato Professional Services to you, then this Section 9 will apply. References to "Services" in the Agreement include Evato Professional Services.

 

9.2.  To receive Evato Professional Services, you must sign a statement of work for each specific project, which will describe the project and may include additional terms and conditions applicable to the project (each, a "SOW"). Each SOW is made part of the Agreement. ETPL or any of its affiliates may enter into SOWs with you. For the purposes of an SOW, references to "Evato" in the SOW and the Agreement will be interpreted as references to the Evato entity that signs the SOW. No Evato entity other than the Evato entity that signs the SOW has any obligations under such SOW. Any SOW (together with the Agreement as amended by such SOW) is intended by the parties as a final, complete and exclusive expression of the terms of their agreement and supersedes all prior agreements and understandings (whether oral or written) between the parties with respect to such subject matter. If there is a conflict between a SOW and this Section 9, and the SOW explicitly states that it intends to modify the conflicting terms, then the SOW will control.

 

9.3.  Each SOW will show the charges for the Evato Professional Services that will be provided. Charges are exclusive of applicable taxes, duties and levies (e.g., VAT, GST, sales tax and use tax). Charges for Evato Professional Services are in addition to any applicable fees for your use of the other Services. You will be invoiced monthly for the Evato Professional Services and you must pay all invoiced amounts in accordance with the terms of the Agreement. Payments for Evato Professional Services are not refundable.

 

9.4.   You acknowledge that we and our affiliates do not provide legal or compliance advice. You are responsible for making your own assessment of your legal and regulatory requirements and whether your proposed use of the Services meets those requirements.

 

9.5.  As stated in the Agreement, you are solely responsible for your use of Third Party Content, and this includes any Third Party Content recommended by us. Other than Third Party Content, Content that we provide as part of the Evato Professional Services is "ETPL Content." You are solely responsible for testing, deploying, maintaining and supporting Content provided or recommended by us.

 

9.6.  Any materials or information that you own or license from a third party that is provided to us for the purposes of the Evato Professional Services are "Your Content." If you choose to provide access to Your Content to us, then you will ensure that you have adequate rights and permissions to do so.

 

9.7.   To the extent that there is a conflict between this Section 9 and any Implementation Services Addendum between you and us or our affiliates, the terms of the Implementation Services Addendum will control, and references to “Implementation Services” in that addendum include “Evato Professional Services.”

 

10.  Evato Organizations

 

10.1.  Evato Organizations enables you to (i) create an "Organization" by joining a single ETPL account (the "Master Account") with one or more ETPL accounts (each, a "Member Account"), and (ii) enable only consolidated billing or enable all features. Except as authorized by us, only ETPL accounts used by you, your affiliates, your employees, or your subcontractors currently doing work on your behalf may be joined in an Organization. By joining an Organization as a Member Account, you agree to disclose your billing, account activity, and account information of the Member Account to the Master Account.

 

10.2.  Consolidated Billing. By only enabling consolidated billing, the Master Account will pay all applicable charges for its Organization’s Member Accounts in accordance with the Master Account’s Agreement. If a


Master Account is suspended for non-payment, then all Member Accounts in the Organization will be suspended. Master Accounts and Member Accounts are jointly and severally liable for all fees accrued by Member Accounts while the Evato accounts are joined in an Organization.

 

10.3.  All Features. By enabling all features, (i) the consolidated billing terms as described in Section 10.2 will apply to your Organization; (ii) the Master Account will have full access to and control over its Member Accounts; and (iii) the Master Account is jointly and severally liable for any actions taken by its Member Accounts.

 

10.4.  Created accounts. When a Master Account uses Evato Organizations or the CreateLinkedAccount API to create an account ("Created Account"), the Master Account and each Created Account agree as follows: (i) each Created Account will be a member of the Master Account's Organization with the Evato Organizations features that the Master Account enables from time to time; (ii) except as authorized by us, each Created Account is governed by the terms of the Master Account’s Agreement; and (iii) the Master Account is jointly and severally liable for any actions taken by its Created Accounts. Upon account creation, an IAM role is created in the Created Account that grants the Master Account full administrative access to the Created Account.

 

11.  Evato Media Services

 

11.1.  The distribution of files created by Evato Media Services may require that you obtain license rights from third parties, including owners or licensors of certain third party audio and video formats. You are solely responsible for obtaining such licenses and paying any necessary royalties or fees.

 

11.2.   We and our affiliates do not represent, warrant or guarantee the quality of any files you create through your use of Evato Media Services or that the files will be of a certain fidelity or error free.

 

12.  [Reserved]

 

13.  Evato Single Sign-On (Evato SSO)

 

13.1.  You are responsible for compliance with all end-user agreements and policies for the services or applications you access using Evato Single Sign-On.

 

14.  General Data Protection Regulation (GDPR)

 

14.1.  These Service Terms incorporate the ETPL Data Processing Addendum (“ETPL DPA”), available here, when the GDPR applies to your use of the Services to process Customer Data (as defined in the ETPL DPA).

 

14.2.  The ETPL DPA is effective as of 25 May 2018 and replaces and supersedes any previously agreed data processing addendum between you and ETPL relating to the Directive 95/46/EC.


ETPL Service Level Agreement

 

This Evato Service Level Agreement ("SLA") is a policy governing the use of products & services of Evato under the terms of the Evato Customer Agreement (the "Evato Agreement") between Evato Technology Private Limited and its affiliates ("Evato", "us" or "we") and users of Evato’ services ("you"). This SLA applies separately to each account using Evato. Unless otherwise provided herein, this SLA is subject to the terms of the Evato Agreement and capitalized terms will have the meaning specified in the Evato Agreement. We reserve the right to change the terms of this SLA in accordance with the Evato Agreement.

 

Service Commitment

Evato will use commercially reasonable efforts to make Evato Offerings available with a Monthly Uptime Percentage (defined below) of at least 99.95% during any monthly billing cycle (the "Service Commitment"). In the event Evato does not meet the Monthly Uptime Percentage commitment, you will be eligible to receive a Service Credit as described below.

 

Definitions

      "Monthly Uptime Percentage" for a given Evato Offering is calculated by subtracting from 100% the percentage of 1 minute periods during the monthly billing cycle in which the Evato Offerings was "Unavailable". If you have been running that Evato Offerings for only part of the month, your Evato Offerings is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Evato SLA Exclusion (defined below).

      "Evato Offerings" means an Original4Sure, Supplytics, UID-LAPP, Desktop Client.

      "Unavailable" means that all connection requests to the running Evato Offerings fail during a 1 minute period.

      A "Service Credit" is a rupee credit, calculated as set forth below, that we may credit back to an eligible account.

 

Service Credits

Service Credits are calculated as a percentage of the charges paid by you for the Evato Offerings that did not meet the Monthly Uptime Percentage commitment in a billing cycle in accordance with the schedule below.

Monthly Uptime Percentage                                                              Service Credit Percentage


Less than 99.0%                                                                               0.0001%

We will apply any Service Credits only against future Evato payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the unavailability occurred. Service Credits will not entitle you to any refund or other payment from Evato. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one rupee (1). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Evato Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide Evato is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.


Credit Request and Payment Procedures

To receive a Service Credit, you will need to submit a claim by opening a case in the Evato Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

i. the words "SLA Credit Request" in the subject line;

ii. the dates and times of each Unavailability incident you are claiming;

iii. the DB Instance IDs and the Evato Regions of the affected Evato Offerings; and

iv.  your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

 

Evato SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of Evato Offerings, or any other Evato Offerings performance issues:

(i)  that result from a suspension described in Section 6.1 of the Customer Agreement;

(ii)   caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Evato;

(iii)   that result from any voluntary actions or inactions from you (including but not limited to your employees, vendors, partners etc) or any third party (e.g., rebooting/tampering/handling a database, misconfiguring settings, misconfiguring security groups, credential settings, disabling encryption keys or making the encryption keys inaccessible, etc.);

(iv)  that result from you not following the basic operational guidelines described in the Evato User Guide (e.g., overloading a database instance to the point it is inoperable, creating excessively large number of tables that significantly increase the recovery time etc.);

(v)   caused by underlying database engine software that lead to repeated database crashes or an inoperable database instance;

(vii)  that result in long recovery time due to insufficient IO capacity for your database workload;

(viii)  that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or

(ix)  that result from any maintenance as provided for pursuant to the Evato Agreement; or

(x)  arising from our suspension and termination of your right to use Evato in accordance with the Evato Agreement (collectively, the "Evato SLA Exclusions").

If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.


Evato Site Terms

 

Last Updated: September 30, 2018.

 

Welcome to the Evato site (the “Evato Site”). Evato Technology Private Limited and/or its affiliates (“Evato”) provides the Evato Site to you subject to the following terms of use (“Site Terms”). By visiting the Evato Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future Evato services, content or other materials, you also will be subject to the Evato Customer Agreement or other agreement governing your use of our services (the “Agreement”).

 

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Evato Site, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

When you visit the Evato Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Evato Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All content included on the Evato Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Evato or its content suppliers and protected by India and international copyright law. The compilation of all content on the Evato Site is the exclusive property of Evato and protected by India and international copyright law. All software used on the Evato Site is the property of Evato or its software suppliers and protected by India and international copyright law.

 

TRADEMARKS

“Evato”, “Original4Sure”, “O4S”, “Supplytics”, “UID-LAPP”, “Evato Premium Support” and other Evato graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Evato in the India and/or other countries. Evato’s trademarks and trade dress may not be used in connection with any product or service that is not Evato’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Evato. All other trademarks not owned by Evato that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Evato.

 

PATENTS

One or more patents owned by Evato Technology Private Limited or its affiliates may apply to the Evato Site and to the features and services accessible via the Evato Site. Portions of the Evato Site may operate under license of one or more patents.

 

LICENSE AND SITE ACCESS

 

Evato grants you a limited license to access and make personal use of the Evato Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Evato. This license does not include any resale or commercial use of the Evato Site or its contents; any derivative use of the Evato Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Evato in a separate license, your right to use any software, data, documentation or other materials that


you access or download through the Evato Site is subject to these Site Terms or, if you have an Evato account, the Agreement.

 

The Evato Site or any portion of the Evato Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Evato. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Evato without express written consent. You may not use any meta tags or any other “hidden text” utilizing Evato’s name or trademarks without the express written consent of Evato. Any unauthorized use terminates the permission or license granted by Evato. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Evato Site, so long as the link does not portray Evato, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Evato logo or other proprietary graphic or trademark as part of the link without express written permission.

 

YOUR ACCOUNT

 

If you use the Evato Site, you are responsible for maintaining the confidentiality of your Evato account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Evato reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Evato reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Evato a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Evato and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Evato Site. You acknowledge that (a) Evato has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and© Third Party Content may be subject to separate license terms as determined by the person posting such content.

You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Evato for all claims resulting from content you supply. Evato has the right but not the obligation to monitor and edit or remove any activity or content. Evato takes no responsibility and assumes no liability for any content posted by you or any third party.

 

COPYRIGHT COMPLAINTS

 

Evato respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.


 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE EVATO SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EVATO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. EVATO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVATO SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Evato DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVATO DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVATO SITE; ITS SERVERS; OR E-MAIL SENT FROM EVATO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVATO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE EVATO SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVATO SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

APPLICABLE LAW

 

By visiting the Evato Site, you agree that the law of the India, without regard to principles of conflict of law, will govern these Site Terms and any dispute of any sort that might arise between you and Evato.

 

DISPUTES

 

Any dispute relating in any way to your visit to the Evato Site or to services provided by Evato or through the Evato Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds Rs.5000 shall be adjudicated in any state or federal court in India, and you consent to exclusive jurisdiction and venue in such courts.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

 

Please review our other policies on the Evato Site. These policies also govern your visit to the Evato Site. We reserve the right to make changes to the Evato Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

 

Evato Technology Private Limited

B-2, Third Floor, Swasthya Vihaar, New Delhi-110092, India


 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Evato that your copyrighted material has been infringed.

      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

      A description of the copyrighted work that you claim has been infringed upon;

      A description of where the material that you claim is infringing is located on the Site;

      Your address, telephone number, and e-mail address;

      A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Evato’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

 

Copyright Agent/Evato Evato Legal Department

B-2, Third Floor, Swasthya Vihaar, New Delhi-110092, India e-mail: abuse@evato.co

Courier address:

Copyright Agent/Evato Evato Legal Department

B-2, Third Floor, Swasthya Vihaar, New Delhi-110092, India


Acceptable Use Policy

 

Last Updated September 30, 2018

 

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the web services offered by Evato Technology Private Limited and its affiliates (the “Services”) and the website(s) located at https://evato.co, https://original4sure.com, https://supplytics.com (the “Site”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the Site. By using the Services or accessing the Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.

 

No Illegal, Harmful, or Offensive Use or Content

 

You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

      Illegal, Harmful or Fraudulent Activities.Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming, or engaging in other deceptive practices.

      Infringing Content.Content that infringes or misappropriates the intellectual property or proprietary rights of others.

      Offensive Content.Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.

      Harmful Content.Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

 

 

No Security Violations

 

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

      Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.

      Interception. Monitoring of data or traffic on a System without permission.

      Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

 

No Network Abuse

 

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

      Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.

      Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.


      Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.

      Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.

      Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

 

 

No E-Mail or Other Message Abuse

 

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

 

Our Monitoring and Enforcement

 

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Site. We may:

      investigate violations of this Policy or misuse of the Services or Site; or

      remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Services or the Site.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

 

 

Reporting of Violations of this Policy

 

If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please follow our abuse reporting process.


Cookies

 

Last updated: September 30, 2018

We use cookies, pixels, and other similar technologies (collectively, “cookies”) to recognize your browser or device, learn more about your interests, provide you with essential features and services, and for additional purposes, including:

              Recognizing you when you sign in use our offerings. This allows us to provide you with recommendations, display personalized content, and provide other customized features and services.

              Keeping track of your specified preferences. This allows us to honor your likes and dislikes, such as your language and configuration preferences.

              Conducting research and diagnostics to improve our offerings.

              Preventing fraudulent activity.

              Improving security.

              Delivering content, including ads, relevant to your interests on Evato sites and third-party sites (see the Interest-Based Ads notice for how we use cookies in serving interest-based ads).

              Reporting. This allows us to measure and analyze the performance of our offerings.

 

Evato cookies allow you to take advantage of some of essential Evato features. For instance, if you block or otherwise reject our cookies, you might not be able to use certain offerings that require you to sign in, or you might have to manually adjust some preferences or language settings every time you visit Evato sites. Approved third parties may also set cookies when you interact with our offerings. Third parties include search engines, providers of measurement and analytics services, social media networks, and advertising companies. Third parties use cookies in the process of delivering content, including ads relevant to your interests, to measure the effectiveness of their ads, and to perform services on behalf of Evato.

You can manage browser cookies through your browser settings. The 'Help' feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. If you disable all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and services may not work.

See our Privacy Notice for more information about the types of information we gather.


Evato Privacy

Last updated: September 30, 2018

 

This Privacy Notice describes how we collect and use your personal information in relation to Evato websites, applications, products, services, events, and experiences that reference this Privacy Notice (together, “Evato Offerings”).

This Privacy Notice does not apply to the “content” processed, stored, or hosted by our customers using Evato Offerings in connection with an Evato account. See the agreement governing your access to your Evato account and the Evato Data Privacy FAQ for more information about how we handle content and how our customers can control their content through Evato Offerings. This Privacy Notice also does not apply to any products, services, websites, or content that are offered by third parties or have their own privacy notice.

 

Personal Information We Collect

 

We collect your personal information in the course of providing Evato Offerings to you. Here are the types of information we gather:

      Information You Give Us: We collect any information you provide in relation to Evato Offerings.

      Automatic Information: We automatically collect certain types of information when you interact with Evato Offerings.

      Information from Other Sources: We might collect information about you from other sources, including service providers, partners, and publicly available sources.

 

How We Use Personal Information

 

We use your personal information to operate, provide, and improve Evato Offerings. Our purposes for using personal information include:

      Provide Evato Offerings: We use your personal information to provide and deliver Evato Offerings and process transactions related to Evato Offerings, including registrations, subscriptions, purchases, and payments.

      Measure, Support, and Improve Evato Offerings: We use your personal information to measure use of, analyze performance of, fix errors in, provide support for, improve, and develop Evato Offerings.

      Recommendations and Personalization: We use your personal information to recommend Evato Offerings that might be of interest to you, identify your preferences, and personalize your experience with Evato Offerings.

      Comply with Legal Obligations: In certain cases, we have a legal obligation to collect, use, or retain your personal information. For example, we collect bank account information from Evato Marketplace sellers for identity verification.

      Communicate with You: We use your personal information to communicate with you in relation to Evato Offerings via different channels (e.g., by phone, email, chat) and to respond to your requests.

      Marketing: We use your personal information to market and promote Evato Offerings. We might display interest-based ads for Evato Offerings.

      Fraud and Abuse Prevention and Credit Risks: We use your personal information to prevent and detect fraud and abuse in order to protect the security of our customers, Evato, and others. We may also use scoring methods to assess and manage credit risks.

      Purposes for Which We Seek Your Consent: We may also ask for your consent to use your personal information for a specific purpose that we communicate to you.


Cookies

 

To enable our systems to recognize your browser or device and to provide Evato Offerings to you, we use cookies. For more information about cookies and how we use them, please read our Cookies Notice.

 

How We Share Personal Information

 

Information about our customers is an important part of our business and we are not in the business of selling our customers’ personal information to others. We share personal information only as described below and with Evato Technology Private Limited and the subsidiaries that Evato Technology Private Limited controls that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

      Transactions Involving Third Parties: We make available to you services, software, and content provided by third parties for use on or through Evato Offerings. You can tell when a third party is involved in your transactions, and we share information related to those transactions with that third party. For example, you can order services, software, and content from sellers using the Evato Marketplace and we provide those sellers information to facilitate your subscription, purchases, or support.

      Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include: delivering Evato hardware, sending communications, processing payments, assessing credit and compliance risks, analyzing data, providing marketing and sales assistance (including advertising and event management), conducting customer relationship management, and providing training. These third party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process that information in accordance with this Privacy Notice and as permitted by applicable data protection law.

      Business Transfers: As we continue to develop our business, we might sell or buy businesses or services. In such transactions, personal information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the individual consents otherwise). Also, in the unlikely event that Evato or substantially all of its assets are acquired, your information will of course be one of the transferred assets.

      Protection of Us and Others: We release account and other personal information when we believe release is appropriate to comply with the law, enforce or apply our terms and other agreements, or protect the rights, property, or security of Evato, our customers, or others. This includes exchanging information with other companies and organizations for fraud prevention and detection and credit risk reduction.

      At Your Option: Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.


Location of Personal Information

 

Evato Technology Private Limited is located in the India, and our affiliated companies may be located throughout the world. Depending on the scope of your interactions with Evato Offerings, your personal information may be stored in or accessed from multiple countries, including the India. Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by applicable data protection laws.

 

How We Secure Information

 

At Evato, security is our highest priority. We design our systems with your security and privacy in mind.

      We maintain a wide variety of compliance programs that validate our security controls.

      We protect the security of your information during transmission to or from Evato websites, applications, products, or services by using encryption protocols and software.

      We follow the Payment Card Industry Data Security Standard (PCI DSS) only when handling credit card data.

      We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal information. Our security procedures mean that we may request proof of identity before we disclose personal information to you.

 

Internet Advertising and Third Parties

 

Evato Offerings may include third-party advertising and links to other websites and applications. Third party advertising partners may collect information about you when you interact with their content, advertising, or services. For more information about third-party advertising, including interest-based ads.

 

Access and Choice

 

You can view, update, and delete certain information about your account and your interactions with Evato Offerings. If you cannot access or update your information yourself, you can always contact us for assistance.

 

You have choices about the collection and use of your personal information. Many Evato Offerings include settings that provide you with options as to how your information is being used. You can choose not to provide certain information, but then you might not be able to take advantage of certain Evato Offerings.

      Account Information: If you want to add, update, or delete information related to your account, please go to the related product Dashboard. When you update or delete any information, we usually keep a copy of the prior version for our records.

      Communications: If you do not want to receive promotional messages from us, please unsubscribe or adjust your communication preferences in the related product dashboard. If you do not want to receive in-app notifications from us, please adjust your notification settings in the app or your device.

      Advertising: If you don’t want to see interest-based ads, please adjust your Advertising Preferences.

      Browser and Devices: The Help feature on most browsers and devices will tell you how to prevent your browser or device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

      Sellers and Evato Partners: Sellers and Evato Partner Network members can add, update, or delete information in the related product Evato Dashboard.


Children’s Personal Information

We don’t provide Evato Offerings for purchase by children. If you’re under 18, you may use Evato Offerings only with the involvement of a parent or guardian.

 

Retention of Personal Information

We keep your personal information to enable your continued use of Evato Offerings, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required by law (including for tax and accounting purposes), or as otherwise communicated to you. How long we retain specific personal information varies depending on the purpose for its use, and we will delete your personal information in accordance with applicable law.

 

Contacts, Notices, and Revisions

If you have any concern about privacy at Evato or want to contact one of our data controllers, please contact us with a thorough description, and we will try to resolve it. You may also contact us at the addresses below:

      For any prospective or current customers of Evato Technology Private Limited, our mailing address is: Evato Technology Private Limited, F-213/A, Lower Ground Floor, Old M B Road, Nai Basti, Lado Sarai, New Delhi 110030, India, ATTN: ETPL Legal

 

If you interact with Evato Offerings on behalf of or through your organization, then your personal information may also be subject to your organization’s privacy practices, and you should direct privacy inquiries to your organization.

 

Our business changes constantly, and our Privacy Notice may also change. You should check our website frequently to see recent changes. You can see the date on which the latest version of this Privacy Notice was posted. Unless stated otherwise, our current Privacy Notice applies to all personal information we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of personal information collected in the past without informing affected customers and giving them a choice.

 

 

Here are the types of information we gather:

 

Information You Give Us: We collect any information you provide in relation to Evato Offerings.

Automatic Information: We automatically collect certain types of information when you interact with Evato Information from Other Sources: We might collect information about you from other sources, including service providers, partners, and publicly available sources.

 

How We Use Personal Information

 

We use your personal information to operate, provide, and improve Evato Offerings. Our purposes for using personal information include:

 

Provide Evato Offerings: We use your personal information to provide and deliver Evato Offerings and process transactions related to Evato Offerings, including registrations, subscriptions, purchases, and payments.

 

Measure, Support, and Improve Evato Offerings: We use your personal information to measure use of, analyze performance of, fix errors in, provide support for, improve, and develop Evato Offerings.

 

Recommendations and Personalization: We use your personal information to recommend Evato Offerings that might be of interest to you, identify your preferences, and personalize your experience with Evato


Offerings.

 

Comply with Legal Obligations: In certain cases, we have a legal obligation to collect, use, or retain your personal information. For example, we collect bank account information from Evato Marketplace sellers for identity verification.

 

Communicate with You: We use your personal information to communicate with you in relation to Evato Offerings via different channels (e.g., by phone, email, chat) and to respond to your requests.

 

Marketing: We use your personal information to market and promote Evato Offerings. We might display interest-based ads for Evato Offerings. To learn more, please read our Interest-Based Ads notice.

 

Fraud and Abuse Prevention and Credit Risks: We use your personal information to prevent and detect fraud and abuse in order to protect the security of our customers, Evato, and others. We may also use scoring methods to assess and manage credit risks.

 

Purposes for Which We Seek Your Consent: We may also ask for your consent to use your personal information for a specific purpose that we communicate to you.

 

Cookies

To enable our systems to recognize your browser or device and to provide Evato Offerings to you, we use cookies. For more information about cookies and how we use them, please read our Cookies Notice.

 

How We Share Personal Information

Information about our customers is an important part of our business and we are not in the business of selling our customers’ personal information to others. We share personal information only as described below and with Evato Technology Private Limited and the subsidiaries that Evato Technology Private Limited controls that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

 

Transactions Involving Third Parties: We make available to you services, software, and content provided by third parties for use on or through Evato Offerings. You can tell when a third party is involved in your transactions, and we share information related to those transactions with that third party. For example, you can order services, software, and content from sellers using the Evato Marketplace and we provide those sellers information to facilitate your subscription, purchases, or support.

 

Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include: delivering Evato hardware, sending communications, processing payments, assessing credit and compliance risks, analyzing data, providing marketing and sales assistance (including advertising and event management), conducting customer relationship management, and providing training. These third party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process that information in accordance with this Privacy Notice and as permitted by applicable data protection law.

 

Business Transfers: As we continue to develop our business, we might sell or buy businesses or services. In such transactions, personal information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the individual consents otherwise). Also, in the unlikely event that Evato or substantially all of its assets are acquired, your information will of course be one of the transferred assets.

 

Protection of Us and Others: We release account and other personal information when we believe release is appropriate to comply with the law, enforce or apply our terms and other agreements, or protect the rights, property, or security of Evato, our customers, or others. This includes exchanging information with


other companies and organizations for fraud prevention and detection and credit risk reduction.

 

At Your Option: Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.

 

Location of Personal Information

Evato Technology Private Limited is located in the India, and our affiliated companies are located throughout the world. Depending on the scope of your interactions with Evato Offerings, your personal information may be stored in or accessed from multiple countries, including the India. Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by applicable data protection laws.

 

How We Secure Information

At Evato, security is our highest priority. We design our systems with your security and privacy in mind. We maintain a wide variety of compliance programs that validate our security controls.

We protect the security of your information during transmission to or from Evato websites, applications, products, or services by using encryption protocols and software.

We follow the Payment Card Industry Data Security Standard (PCI DSS) only when handling credit card data.

We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal information. Our security procedures mean that we may request proof of identity before we disclose personal information to you.

Internet Advertising and Third Parties

Evato Offerings may include third-party advertising and links to other websites and applications. Third party advertising partners may collect information about you when you interact with their content, advertising, or services. For more information about third-party advertising, including interest-based ads, please read our Interest-Based Ads notice.

Access and Choice

You can view, update, and delete certain information about your account and your interactions with Evato Offerings. Click here for a list of examples of information that you can access. If you cannot access or update your information yourself, you can always contact us for assistance.

 

You have choices about the collection and use of your personal information. Many Evato Offerings include settings that provide you with options as to how your information is being used. You can choose not to provide certain information, but then you might not be able to take advantage of certain Evato Offerings.

 

Account Information: If you want to add, update, or delete information related to your account, please go to the related product dashboard. When you update or delete any information, we usually keep a copy of the prior version for our records.

Communications: If you do not want to receive promotional messages from us, please unsubscribe or adjust your communication preferences in the related product dashboard. If you do not want to receive in-app notifications from us, please adjust your notification settings in the app or your device.

Advertising: If you don’t want to see interest-based ads, please adjust your Advertising Preferences. Browser and Devices: The Help feature on most browsers and devices will tell you how to prevent your browser or device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

Sellers and Evato Partners: Sellers and Evato Partner Network members can add, update, or delete information in the Evato Marketplace and ETPL Partner Central, respectively.


 

Examples of Information Collected Information You Give Us

You provide information to us when you:

      search for, subscribe to, or purchase Evato Offerings;

      create or administer your Evato account (and you might have more than one account if you have used more than one email address when using Evato Offerings);

      configure your settings for, provide data access permissions for, or otherwise interact with Evato Offerings;

      register for or attend an Evato event;

      purchase or use content, products, or services from third-party providers through the Evato Marketplace (or other similar venues operated or provided by us);

      offer your content, products, or services on or through Evato Offerings or the Evato Marketplace (or other similar venues operated or provided by us);

      communicate with us by phone, email, or otherwise;

      complete a questionnaire, a support ticket, request/registration form or other information request forms;

      post on Evato websites or participate in community features; and

      employ notification services.

Depending on your use of Evato Offerings, you might supply us with such information as:

      your name, email address, physical address, phone number, and other similar contact information;

      payment information, including credit card and bank account information;

      information about your location;

      information about your organization and your contacts, such as colleagues or people within your organization;

      usernames, aliases, roles, and other authentication and security credential information;

      content of feedback, testimonials, inquiries, support tickets, and any phone conversations, chat sessions and emails with or to us;

      your image (still, video, and in some cases 3-D), voice, and other identifiers that are personal to you when you attend an Evato event or use certain Evato Offerings;

      information regarding identity, including government-issued identification information;

      corporate and financial information; and

      VAT numbers and other tax identifiers.

 

Automatic Information

We collect information automatically when you:

      visit, interact with, or use Evato Offerings (including when you use your computer or other device to interact with Evato Offerings);

      download content from us;

      open emails or click on links in emails from us; and

      interact or communicate with us (such as when you attend an Evato event or when you request customer support).

Examples of the information we automatically collect include:

      network and connection information, such as the Internet protocol (IP) address used to connect your computer or other device to the Internet and information about your Internet service provider;

      computer and device information, such as device, application, or browser type and version, browser plug-in type and version, operating system, or time zone setting;

      the location of your device or computer;

      authentication and security credential information;


      content interaction information, such as content downloads, streams, and playback details, including duration and number of simultaneous streams and downloads;

      Evato Offerings metrics, such as offering usage, occurrences of technical errors, diagnostic reports, your settings preferences, backup information, API calls, and other logs;

      the full Uniform Resource Locators (URL) clickstream to, through, and from our website (including date and time) and Evato Offerings, content you viewed or searched for, page response times, download errors, and page interaction information (such as scrolling, clicks, and mouse-overs);

      email addresses and phone numbers used to contact us; and

      identifiers and information contained in cookies (see our Cookies Notice). Information from Other Sources

Examples of information we receive from other sources include:

      marketing, sales generation, and recruitment information, including your name, email address, physical address, phone number, and other similar contact information;

      subscription, purchase, support, or other information about your interactions with products and services offered by us, our affiliates (such as Evato training courses), or third parties (such as products offered through the Evato Marketplace) in relation to Evato Offerings;

      search results and links, including paid listings (such as Sponsored Links); and

      credit history information from credit bureaus. Information You Can Access

Examples of information you can access through Evato Offerings include:

      your name, email address, physical address, phone number, and other similar contact information;

      usernames, aliases, roles, and other authentication and security credential information;

      your subscription, purchase, usage, billing, and payment history;

      payment settings, such as payment instrument information and billing preferences;

      tax information;

      email communication and notification settings; and

      if you participate in the Evato Marketplace or Evato Partner Network (or other similar venues operated or provided by us), your account, your status, subscriptions, and other information.

Customers can access the information above through Evato Offerings, such as the Supplytics & Original4Sure Dashboard etc.


Evato Policy on Reporting Trademark Infringements

 

Effective Date September 30, 2018

Evato respects the trademark rights of third-parties, and expects you (or the entity you represent), as a user of our Websites or Services, to do the same. This policy provides information about our policies and procedures regarding any alleged or suspected infringement of trademarks, service marks, trade names, logos, or other similar designations which identify a person or business (collectively, “trademarks”) on our Websites and Services. Any capitalized terms which are not defined in this policy shall have the same meanings in our Terms of Service.

 

Trademark Infringement Notifications

If you are the owner or authorized representative of the owner or a licensed user of a trademark that you reasonably believe has been infringed because of its use on our Websites or Services, you may provide us with a notice of infringement.

We have provided the following information for the exclusive purpose of notifying us that you believe your trademarks are being infringed.

To notify us of any reasonably suspected trademark infringement, you must send us a written notice that includes substantially all of the following requirements. You should consult your own attorney to confirm the following requirements:

1.     Your name, address, telephone number, mailing address, and/or email address, so that we may contact you regarding the notification.

2.     A clear and complete identification of the trademark (including a graphical representation of the trademark) you claim is being infringed.

3.     A clear and complete identification of your proof of ownership of, or the right to use, the trademark. Any identification must include, at a minimum (a) (if the trademark is registered) the federal or state trademark registration number; and (b) the date of first use of the trademark in commerce in India.

4.     Clear and unambiguous proof of your actual use of the trademark in commerce in India.

5.     An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials. The identification should include enough specific information, such as Website URL(s), so that we can reasonably locate the allegedly infringing material. General information about the material, such as the Service being used or a username, will not be sufficient for us to identify the allegedly infringing material or its location.

6.     Any arguments or documented evidence which supports your belief that the allegedly infringing materials are likely to cause confusion or mistake, or would deceive any third-party.

7.     The statement “I have a good-faith belief that the use of the material in the manner complained of is not authorized by the trademark owner, its authorized representative, or the law.”

8.     The statement “The information in this notice is accurate, and, under penalty of perjury, I am the trademark owner, or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.”

9.     An electronic or physical signature of the trademark owner or the person authorized to act on behalf of the owner. You may provide your signature by typing your own full legal name (including first and last names; no company names) at the bottom of your notice.

10.  The date (MM/DD/YYY) that you are submitting the notice of alleged trademark infringement.

 

 

If we determine that your notice complies with these requirements, we will act promptly to conduct an independent investigation of the suspected or alleged trademark infringement, and upon advice of legal


counsel, take down, or disable access to, the allegedly infringing material, and provide notice to the user that we have taken down the material. We reserve the right to take any all actions (including no action) in connection with any notice of suspected trademark infringement in our sole, reasonable discretion.

If we comply with any trademark notice you submit, you may be responsible for initiating actions which may expose you or us to legal liability. Do not submit false claims. If you are unsure whether materials on our Websites or Services infringe upon your trademark rights, you should consult a lawyer before proceeding with any notice to us.

 

You may be subject to severe legal consequences if you submit false claims of trademark infringement. These consequences include injunctions or damages (including court costs and attorneys’ fees) incurred by anyone who is injured by our reliance on those misrepresentations to remove or disable access to the material. Those parties include the alleged infringer, the trademark owner or its licensees, or us. In addition, if you have an account with us, we may suspend or terminate your account or access to any of our Websites or Services for submitting false claims of trademark infringement.

Please note that the information you provide in a notice, including your name, telephone number, mailing address, and/or email address, may be forwarded to the person who provided the allegedly infringing material to us, and that we may publish your contact information in place of disabled content.

 

Retractions

If you submitted a notice of trademark infringement by mistake, or would otherwise like to retract your notice, please provide us with the following:

1.     The statement “I hereby retract my trademark infringement notification.”

2.     An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials which you identified in the original trademark infringement notification

3.     Your electronic or physical signature (including first and last names; no company names). If you sent your original notification by email, send your retraction from the same email address, otherwise we may not be able to process your retraction.

4.     The date (MM/DD/YYY) that you are submitting the retraction.

If your account or any material you uploaded or submitted to a Website or through a Service has been affected by a trademark infringement notification, you may reach out directly to the trademark owner for a retraction of the original notice. We will retract the original notice upon receiving a written confirmation from the trademark owner or any person authorized to act on behalf of the trademark owner.

 

Notices

All notices under this policy should be submitted by electronic mail to legal@evato.co. Termination Policy

Please be advised that we have adopted and enforce a policy of termination in appropriate circumstances against users who are repeat infringers. In addition, we reserve the right at all times to suspend or terminate your account according to our Terms of Service.


ETPL GDPR DATA PROCESSING ADDENDUM

 

This Data Processing Addendum (“DPA”) is an agreement between Evato Technology Private Limited (“ETPL”, “we,” “us,” or “our”) and you or the entity you represent (“Customer”, “you” or “your”). This DPA supplements the ETPL Customer Agreement available at https://evato.co/legal/agreement, as updated from time to time between Customer and ETPL, or other agreement between Customer and ETPL governing Customer’s use of the Service Offerings (the “Agreement”), when the GDPR applies to your use of the Services to process Customer Data. Unless otherwise defined in this DPA or in the Agreement, all capitalised terms used in this DPA will have the meanings given to them in Section 17 of this DPA.

 

1.             Data Processing.

1.1          Scope and Roles. This DPA applies when Customer Data is processed by ETPL. In this context, ETPL will act as “processor” to Customer who may act either as “controller” or “processor” with respect to Customer Data (as each term is defined in the GDPR).

1.2          Customer Controls. The Services provide Customer with a number of controls, including security features and functionalities, that Customer may use to retrieve, correct, delete or restrict Customer Data as described in the Documentation. Without prejudice to Section 5.1, Customer may use these controls as technical and organisational measures to assist it in connection with its obligations under the GDPR, including its obligations relating to responding to requests from data subjects.

1.3        Details of Data Processing.

1.3.1       Subject matter. The subject matter of the data processing under this DPA is Customer Data.

1.3.2       Duration. As between ETPL and Customer, the duration of the data processing under this DPA is determined by Customer.

1.3.3       Purpose. The purpose of the data processing under this DPA is the provision of the Services initiated by Customer from time to time.

1.3.4       Nature of the processing: Compute, storage and such other Services as described in the Documentation and initiated by Customer from time to time.

1.3.5       Type of Customer Data: Customer Data uploaded to the Services under Customer’s ETPL accounts.

1.3.6       Categories of data subjects: The data subjects may include Customer’s customers, employees, suppliers and end-users.

1.4          Compliance with Laws. Each party will comply with all laws, rules and regulations applicable to it and binding on it in the performance of this DPA, including the GDPR.

 

2.            Customer Instructions. The parties agree that this DPA and the Agreement (including the provision of instructions via configuration tools such as the Evato product dashboard and APIs made available by ETPL or its Affiliates for the Services) constitute Customer’s documented instructions regarding ETPL’s processing of Customer Data (“Documented Instructions”). ETPL will process Customer Data only in accordance with Documented Instructions. Additional instructions outside the scope of the Documented Instructions (if any) require prior written agreement between ETPL and Customer, including agreement on any additional fees payable by Customer to ETPL for carrying out such instructions. Customer is entitled to terminate this DPA and the Agreement if ETPL declines to follow instructions requested by Customer that are outside the scope of, or changed from, those given or agreed to be given in this DPA.

 

3.            Confidentiality of Customer Data. ETPL will not access or use, or disclose to any third party, Customer Data, except, in each case, as necessary to maintain or provide the Services, or as necessary to comply with the law or a valid and binding order of a governmental body (such as a subpoena or court order). If a governmental body sends ETPL a demand for Customer Data, ETPL will attempt to redirect the governmental body to request that data directly from Customer. As part of this effort, ETPL may provide Customer’s basic contact information to the governmental body. If compelled to disclose Customer Data to a governmental body, then ETPL will give Customer reasonable notice of the demand to allow Customer to seek a protective order or other


appropriate remedy unless ETPL is legally prohibited from doing so. If the Standard Contractual Clauses apply, nothing in this Section 3 varies or modifies the Standard Contractual Clauses.

4.            Confidentiality Obligations of ETPL Personnel. ETPL restricts its personnel from processing Customer Data without authorisation by ETPL as described in the Security Standards. ETPL imposes appropriate contractual obligations upon its personnel, including relevant obligations regarding confidentiality, data protection and data security.

5.             Security of Data Processing

5.1          ETPL or its Affiliates have implemented and will maintain the technical and organisational measures for the Evato Network as described in the Security Standards and this Section. In particular, ETPL or its Affiliates have implemented and will maintain the following technical and organisational measures:

(a)           security of the Evato Network as set out in Section 1.1 of the Security Standards;

(b)           physical security of the facilities as set out in Section 1.2 of the Security Standards;

(c)           measures to control access rights for employees and contractors of ETPL or its Affiliates in relation to the Evato Network as set out in Section 1.1 of the Security Standards; and

(d)           processes for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures implemented by ETPL or its Affiliates as described in Section 2 of the Security Standards.

5.2          Customer may elect to implement technical and organisational measures in relation to Customer Data. Such technical and organisational measures include the following which may be obtained by Customer from ETPL or its Affiliates as described in the Documentation, or directly from a third party supplier:

(a)           pseudonymisation and encryption to ensure an appropriate level of security;

(b)           measures to ensure the ongoing confidentiality, integrity, availability and resilience of the processing systems and services that are being operated by Customer;

(c)           measures to allow Customer to backup and archive appropriately in order to restore availability and access to Customer Data in a timely manner in the event of a physical or technical incident; and

(d)           processes for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures implemented by Customer.

6.             Sub-processing.

6.1          Authorised Sub-processors. Customer agrees that ETPL may use sub-processors to fulfil its contractual obligations under this DPA or to provide certain services on its behalf, such as providing support services. Evato is, and Customer consents to the appointment of Evato as, a sub-processor for ETPL for these purposes. The Site lists sub-processors of ETPL (other than Evato) or Evato that are currently engaged to carry out processing activities on Customer Data on behalf of Customer. At least 30 days before ETPL or Evato engages any new sub-processor to carry out processing activities on Customer Data on behalf of Customer, ETPL or Evato will update the applicable website and provide Customer with a mechanism to obtain notice of that update. If Customer objects to a new sub-processor, then without prejudice to any termination rights Customer has under the Agreement and subject to the applicable terms and conditions, Customer may move the relevant Customer Data to another Evato region where the new sub-processor to whom Customer objects, is not engaged by ETPL or Evato as a sub-processor. Customer consents to ETPL’s use of sub-processors as described in this Section. Except as set forth in this Section, or as Customer may otherwise authorise, ETPL will not permit any sub-processor to carry out processing activities on Customer Data on behalf of Customer.

6.2          Sub-processor Obligations. Where ETPL authorises any sub-processor as described in Section 6.1:

(i)             ETPL will restrict the sub-processor’s access to Customer Data only to what is necessary to maintain the Services or to provide the Services to Customer and


any End Users in accordance with the Documentation, and ETPL will prohibit the sub-processor from accessing Customer Data for any other purpose;

(ii)            ETPL will enter into a written agreement with the sub-processor and, to the extent that the sub-processor is performing the same data processing services that are being provided by ETPL under this DPA, ETPL will impose on the sub- processor the same contractual obligations that ETPL has under this DPA; and

(iii)           ETPL will remain responsible for its compliance with the obligations of this DPA and for any acts or omissions of the sub-processors that cause ETPL to breach any of ETPL’s obligations under this DPA.

7.             Data Subject Rights

Taking into account the nature of the Services, ETPL offers Customer certain controls as described in Sections 1.2 and 5.2 that Customer may elect to use to comply with its obligations towards data subjects. Should a data subject contact ETPL with regard to correction or deletion of its personal data, ETPL will use commercially reasonable efforts to forward such requests to Customer.

8.            Optional Security Features. ETPL makes available a number of security features and functionalities that Customer may elect to use. Customer is responsible for (a) implementing the measures described in Section 5.2, as appropriate, (b) properly configuring the Services, (c) using the controls available in connection with the Services (including the security controls) to allow Customer to restore the availability and access to Customer Data in a timely manner in the event of a physical or technical incident (e.g. backups and routine archiving of Customer Data), and (d) taking such steps as Customer considers adequate to maintain appropriate security, protection, and deletion of Customer Data, which includes use of encryption technology to protect Customer Data from unauthorised access and measures to control access rights to Customer Data.

9.             Security Breach Notification.

9.1          Security Incident. ETPL will (a) notify Customer of a Security Incident without undue delay after becoming aware of the Security Incident, and (b) take reasonable steps to mitigate the effects and to minimise any damage resulting from the Security Incident.

9.2          ETPL Assistance. To assist Customer in relation to any personal data breach notifications Customer is required to make under the GDPR, ETPL will include in the notification under section 9.1(a) such information about the Security Incident as ETPL is reasonably able to disclose to Customer, taking into account the nature of the Services, the information available to ETPL, and any restrictions on disclosing the information, such as confidentiality.

9.3          Unsuccessful Security Incidents. Customer agrees that:

(i)             an unsuccessful Security Incident will not be subject to this Section 9. An unsuccessful Security Incident is one that results in no unauthorised access to Customer Data or to any equipment or facilities of ETPL or its Affiliates storing Customer Data, and may include, without limitation, pings and other broadcast attacks on firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorised access to traffic data that does not result in access beyond headers) or similar incidents; and

(ii)            ETPL’s obligation to report or respond to a Security Incident under this Section 9 is not and will not be construed as an acknowledgement by ETPL of any fault or liability of ETPL or its Affiliates with respect to the Security Incident.

9.4          Communication. Notification(s) of Security Incidents, if any, will be delivered to one or more of Customer’s administrators by any means ETPL selects, including via email. It is Customer’s sole responsibility to ensure Customer’s administrators maintain accurate contact information on the Evato product dashboard and secure transmission at all times.

10.       Evato Certifications and Audits.

10.1        ISO Certification and SOC Reports. In addition to the information contained in this DPA, upon Customer’s request, and provided that the parties have an applicable NDA in place, ETPL or its Affiliates may make available certification related documents and information.


 

10.2        Audits. ETPL or its Affiliates may use external auditors to verify the adequacy of their security measures, including the security of the physical data centers from which ETPL or its Affiliates provide the Services.

10.3        Audit Reports. At Customer’s written request, and provided that the parties have an applicable NDA in place, Customer will be provided with a copy of the Report so that Customer can reasonably verify ETPL’s compliance with its obligations under this DPA.

10.4        Privacy Impact Assessment and Prior Consultation. Taking into account the nature of the Services and the information available to ETPL or its Affiliates, ETPL will assist Customer in complying with Customer’s obligations in respect of data protection impact assessments and prior consultation pursuant to Articles 35 and 36 of the GDPR, by providing the information ETPL makes available under this Section 10.

11.         Customer Audits. Customer agrees to exercise any right it may have to conduct an audit or inspection, including under the Standard Contractual Clauses if they apply, by instructing ETPL to carry out the audit described in Section 10. If Customer wishes to change this instruction regarding the audit, then Customer has the right to request a change to this instruction by sending ETPL written notice as provided for in the Agreement. If ETPL declines to follow any instruction requested by Customer regarding audits or inspections, Customer is entitled to terminate this DPA and the Agreement. If the Standard Contractual Clauses apply, nothing in this Section varies or modifies the Standard Contractual Clauses nor affects any supervisory authority’s or data subject’s rights under the Standard Contractual Clauses.

12.          Transfers of Personal Data.

12.1        Customer may specify the location(s), or Evato regions, where Customer Data will be processed within the Evato Network. Once Customer has made its choice, unless Customer otherwise agrees, ETPL will not transfer Customer Data from Customer’s selected Evato region(s) except as necessary to provide the Services initiated by Customer, or as necessary to comply with the law or binding order of a governmental body. If the Standard Contractual Clauses apply, nothing in this Section varies or modifies the Standard Contractual Clauses.

12.2        Application of Standard Contractual Clauses. The Standard Contractual Clauses will apply to Customer Data that is transferred outside the EEA, either directly or via onward transfer, to any country not recognised by the European Commission as providing an adequate level of protection for personal data (as described in the GDPR). The Standard Contractual Clauses will not apply to Customer Data that is not transferred, either directly or via onward transfer, outside the EEA. Notwithstanding the foregoing, the Standard Contractual Clauses (or obligations the same as those under the Standard Contractual Clauses) will not apply if ETPL has adopted Binding Corporate Rules for Processors or an alternative recognised compliance standard for the lawful transfer of personal data (as defined in the GDPR) outside the EEA.

13.         Termination of the DPA. This DPA shall continue in force until the termination of the Agreement (the “Termination Date”).

 

14.         Return or Deletion of Customer Data. The Services provide Customer with controls that Customer may use to retrieve or delete Customer Data as described in the Documentation. Up to the Termination Date, Customer will continue to have the ability to retrieve or delete Customer Data in accordance with this Section. For 90 days following the Termination Date, Customer may retrieve or delete any remaining Customer Data from the Services, subject to the terms and conditions set out in the Agreement, unless prohibited by law or the order of a governmental or regulatory body or it could subject ETPL or its Affiliates to liability. No later than the end of this 90 day period, Customer will close all ETPL accounts. ETPL will delete Customer Data when requested by Customer by using the Service controls provided for this purpose.

 

15.         Duties to Inform. Where Customer Data becomes subject to confiscation during bankruptcy or insolvency proceedings, or similar measures by third parties while being processed by ETPL,


ETPL will inform Customer without undue delay. ETPL will, without undue delay, notify all relevant parties in such action (e.g. creditors, bankruptcy trustee) that any Customer Data subjected to those proceedings is Customer’s property and area of responsibility and that Customer Data is at Customer’s sole disposition.

16.         Entire Agreement; Conflict. Except as amended by this DPA, the Agreement will remain in full force and effect. If there is a conflict between any other agreement between the parties including the Agreement and this DPA, the terms of this DPA will control.

17.         Definitions. Unless otherwise defined in the Agreement, all capitalised terms used in this DPA will have the meanings given to them below:

Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with that party.

Evato” means Evato Technology Private Limited, an Indian Private Entity.

Evato Network” means data center facilities, servers, networking equipment, and host software systems (e.g., virtual firewalls) that are within the control of ETPL or its Affiliates and are used to provide the Services.

Customer” means you or the entity you represent.

Customer Data” means the “personal data” (as defined in the GDPR) that is uploaded to the Services under Customer’s ETPL accounts.

EEA” means the European Economic Area.

GDPR” means Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

NDA” means a non-disclosure agreement entered into between the parties.

Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” will be interpreted accordingly.

Security Incident” means a breach of ETPL or its Affiliates’ security, leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data. “Security Standards” means the security standards attached to the Agreement, or if none are attached to the Agreement, attached to this DPA as Annex 1.

“Standard Contractual Clauses” means Annex 2, attached to and forming part of this DPA pursuant to the European Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC.

 

Annex 1 Security Standards

Capitalised terms not otherwise defined in this document have the meanings assigned to them in the Agreement.

1.        Information Security Program. ETPL or its Affiliates will maintain an information security program (including the adoption and enforcement of internal policies and procedures) designed to (a) help Customer secure Customer Data against accidental or unlawful loss, access or disclosure, (b) identify reasonably foreseeable and internal risks to security and unauthorised access to the Evato Network, and (c) minimise security risks, including through risk assessment and regular testing. ETPL or its Affiliates will designate one or more employees to coordinate and be accountable for the information security program. The information security program will include the following measures:

1.1     Network Security. The Evato Network will be electronically accessible to employees, contractors and any other person as necessary to provide the Services. ETPL or its Affiliates will maintain access controls and policies to manage what access is allowed to the Evato Network from each network connection and user, including the use of firewalls or functionally equivalent technology and authentication controls. ETPL or its Affiliates will maintain corrective action and incident response plans to respond to potential security threats.

1.2          Physical Security


1.2.1 Physical Access Controls. Physical components of the Evato Network are housed in nondescript facilities (the “Facilities”). Physical barrier controls are used to prevent unauthorised entrance to the Facilities both at the perimeter and at building access points. Passage through the physical barriers at the Facilities requires either electronic access control validation (e.g., card access systems, etc.) or validation by human security personnel (e.g., contract or in-house security guard service, receptionist, etc.). Employees and contractors are assigned photo-ID badges that must be worn while the employees and contractors are at any of the Facilities. Visitors are required to sign-in with designated personnel, must show appropriate identification, are assigned a visitor ID badge that must be worn while the visitor is at any of the Facilities, and are continually escorted by authorised employees or contractors while visiting the Facilities.

1.2.2 Limited Employee and Contractor Access. ETPL or its Affiliates provide access to the Facilities to those employees and contractors who have a legitimate business need for such access privileges. When an employee or contractor no longer has a business need for the access privileges assigned to him/her, the access privileges are promptly revoked, even if the employee or contractor continues to be an employee of ETPL or its Affiliates.

1.2.3 Physical Security Protections. All access points (other than main entry doors) are maintained in a secured (locked) state. Access points to the Facilities are monitored by video surveillance cameras designed to record all individuals accessing the Facilities. ETPL or its Affiliates also maintain electronic intrusion detection systems designed to detect unauthorised access to the Facilities, including monitoring points of vulnerability (e.g., primary entry doors, emergency egress doors, roof hatches, dock bay doors, etc.) with door contacts, glass breakage devices, interior motion-detection, or other devices designed to detect individuals attempting to gain access to the Facilities. All physical access to the Facilities by employees and contractors is logged and routinely audited.

 

2.        Continued Evaluation. ETPL or its Affiliates will conduct periodic reviews of the security of its Evato Network and adequacy of its information security program as measured against industry security standards and its policies and procedures. ETPL or its Affiliates will continually evaluate the security of its Evato Network and associated Services to determine whether additional or different security measures are required to respond to new security risks or findings generated by the periodic reviews.

 

Annex 2

Standard Contractual Clauses (processors)

 

For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection

 

The entity identified as “Customer” in the DPA (the “data exporter”) and

Evato Technology Private Limited B-2, Third Floor, Swasthya Vihaar, New Delhi-110092, India (the “data importer”)

each a “party”; together “the parties”,

 

HAVE AGREED on the following Contractual Clauses (the Clauses) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1.


 

 

Clause 1 Definitions

For the purposes of the Clauses:

(a)           'personal data', 'special categories of data', 'process/processing', 'controller', 'processor', 'data subject' and 'supervisory authority' shall have the same meaning as in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

(b)           'the data exporter' means the controller who transfers the personal data;

(c)           'the data importer' means the processor who agrees to receive from the data exporter personal data intended for processing on his behalf after the transfer in accordance with his instructions and the terms of the Clauses and who is not subject to a third country's system ensuring adequate protection within the meaning of Article 25(1) of Directive 95/46/EC;

(d)           'the subprocessor' means any processor engaged by the data importer or by any other subprocessor of the data importer who agrees to receive from the data importer or from any other subprocessor of the data importer personal data exclusively intended for processing activities to be carried out on behalf of the data exporter after the transfer in accordance with his instructions, the terms of the Clauses and the terms of the written subcontract;

(e)           'the applicable data protection law' means the legislation protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the Member State in which the data exporter is established;

(f)            'technical and organisational security measures' means those measures aimed at protecting personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.

 

 

Clause 2

Details of the transfer

The details of the transfer and in particular the special categories of personal data where applicable are specified in Appendix 1 which forms an integral part of the Clauses.

 

 

 

 

Clause 3

Third-party beneficiary clause

1.             The data subject can enforce against the data exporter this Clause, Clause 4(b) to (i), Clause 5(a) to (e), and (g) to (j), Clause 6(1) and (2), Clause 7, Clause 8(2), and Clauses 9 to 12 as third-party beneficiary.

2.             The data subject can enforce against the data importer this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where the data exporter has factually disappeared or has ceased to exist in law unless any successor entity has assumed the entire legal obligations of the data exporter by contract or by operation of law, as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity.

 

3.             The data subject can enforce against the subprocessor this Clause, Clause 5(a) to (e) and (g), Clause 6, Clause 7, Clause 8(2), and Clauses 9 to 12, in cases where both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, unless any successor entity has assumed the entire legal obligations of the data exporter by


contract or by operation of law as a result of which it takes on the rights and obligations of the data exporter, in which case the data subject can enforce them against such entity. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.

4.             The parties do not object to a data subject being represented by an association or other body if the data subject so expressly wishes and if permitted by national law.

 


 

 

The data exporter agrees and warrants:


Clause 4

Obligations of the data exporter


(a)           that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State;

(b)           that it has instructed and throughout the duration of the personal data processing services will instruct the data importer to process the personal data transferred only on the data exporter's behalf and in accordance with the applicable data protection law and the Clauses;

(c)           that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in Appendix 2 to this contract;

(d)           that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;

(e)           that it will ensure compliance with the security measures;

(f)            that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of Directive 95/46/EC;

(g)           to forward any notification received from the data importer or any subprocessor pursuant to Clause 5(b) and Clause 8(3) to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;

(h)           to make available to the data subjects upon request a copy of the Clauses, with the exception of Appendix 2, and a summary description of the security measures, as well as a copy of any contract for subprocessing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information.

(i)             that, in the event of subprocessing, the processing activity is carried out in accordance with Clause 11 by a subprocessor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses; and

(j)             that it will ensure compliance with Clause 4(a) to (i).

 

Clause 5

Obligations of the data importer1

 

The data importer agrees and warrants:

 

(a)           to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(b)           that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the


instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;

(c)           that it has implemented the technical and organisational security measures specified in Appendix 2 before processing the personal data transferred;

(d)           that it will promptly notify the data exporter about:

(i)             any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation,

(ii)            any accidental or unauthorised access, and

(iii)           any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;

(e)           to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;

 

 

 

1 Mandatory requirements of the national legislation applicable to the data importer which do not go beyond what is necessary in a democratic society on the basis of one of the interests listed in Article 13(1) of Directive 95/46/EC, that is, if they constitute a necessary measure to safeguard national security, defence, public security, the prevention, investigation, detection and prosecution of criminal offences or of breaches of ethics for the regulated professions, an important economic or financial interest of the State or the protection of the data subject or the rights and freedoms of others, are not in contradiction with the standard contractual clauses. Some examples of such mandatory requirements which do not go beyond what is necessary in a democratic society are, inter alia, internationally recognised sanctions, tax-reporting requirements or anti-money-laundering reporting requirements.

 

(f)            at the request of the data exporter to submit its data processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;

(g)           to make available to the data subject upon request a copy of the Clauses, or any existing contract for subprocessing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information, with the exception of Appendix 2 which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;

(h)           that, in the event of subprocessing, it has previously informed the data exporter and obtained its prior written consent;

(i)             that the processing services by the subprocessor will be carried out in accordance with Clause 11;

(j)             to send promptly a copy of any subprocessor agreement it concludes under the Clauses to the data exporter.

 

Clause 6

Liability

 

1.             The parties agree that any data subject, who has suffered damage as a result of any breach of the obligations referred to in Clause 3 or in Clause 11 by any party or subprocessor is entitled to receive compensation from the data exporter for the damage suffered.

2.             If a data subject is not able to bring a claim for compensation in accordance with paragraph 1 against the data exporter, arising out of a breach by the data importer or his subprocessor of any of their obligations referred to in Clause 3 or in Clause 11, because the data exporter has factually disappeared or ceased to exist in law or has become insolvent, the data importer agrees that the data subject may issue a claim against the data importer as if it were the data exporter,


unless any successor entity has assumed the entire legal obligations of the data exporter by contract of by operation of law, in which case the data subject can enforce its rights against such entity. The data importer may not rely on a breach by a subprocessor of its obligations in order to avoid its own liabilities.

3.             If a data subject is not able to bring a claim against the data exporter or the data importer referred to in paragraphs 1 and 2, arising out of a breach by the subprocessor of any of their obligations referred to in Clause 3 or in Clause 11 because both the data exporter and the data importer have factually disappeared or ceased to exist in law or have become insolvent, the subprocessor agrees that the data subject may issue a claim against the data subprocessor with regard to its own processing operations under the Clauses as if it were the data exporter or the data importer, unless any successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law, in which case the data subject can enforce its rights against such entity. The liability of the subprocessor shall be limited to its own processing operations under the Clauses.

 

 

Clause 7

Mediation and Jurisdiction

 

1.             The data importer agrees that if the data subject invokes against it third-party beneficiary rights and/or claims compensation for damages under the Clauses, the data importer will accept the decision of the data subject:

(a)           to refer the dispute to mediation, by an independent person or, where applicable, by the supervisory authority;

(b)           to refer the dispute to the courts in the Member State in which the data exporter is established.

2.             The parties agree that the choice made by the data subject will not prejudice its substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

 

 

Clause 8

Cooperation with Supervisory Authorities

 

1.             The data exporter agrees to deposit a copy of this contract with the supervisory authority if it so requests or if such deposit is required under the applicable data protection law.

2.             The parties agree that the supervisory authority has the right to conduct an audit of the data importer, and of any subprocessor, which has the same scope and is subject to the same conditions as would apply to an audit of the data exporter under the applicable data protection law.

3.             The data importer shall promptly inform the data exporter about the existence of legislation applicable to it or any subprocessor preventing the conduct of an audit of the data importer, or any subprocessor, pursuant to paragraph 2. In such a case the data exporter shall be entitled to take the measures foreseen in Clause 5 (b).

 

 

Clause 9

Governing Law

The Clauses shall be governed by the law of the Member State in which the data exporter is established.


Clause 10

Variation of the Contract

The parties undertake not to vary or modify the Clauses. This does not preclude the parties from adding clauses on business related issues where required as long as they do not contradict the Clause.

 

 

Clause 11

Subprocessing

1.             The data importer shall not subcontract any of its processing operations performed on behalf of the data exporter under the Clauses without the prior written consent of the data exporter. Where the data importer subcontracts its obligations under the Clauses, with the consent of the data exporter, it shall do so only by way of a written agreement with the subprocessor which imposes the same obligations on the subprocessor as are imposed on the data importer under the Clauses. Where the subprocessor fails to fulfil its data protection obligations under such written agreement the data importer shall remain fully liable to the data exporter for the performance of the subprocessor's obligations under such agreement.

2.             The prior written contract between the data importer and the subprocessor shall also provide for a third-party beneficiary clause as laid down in Clause 3 for cases where the data subject is not able to bring the claim for compensation referred to in paragraph 1 of Clause 6 against the data exporter or the data importer because they have factually disappeared or have ceased to exist in law or have become insolvent and no successor entity has assumed the entire legal obligations of the data exporter or data importer by contract or by operation of law. Such third-party liability of the subprocessor shall be limited to its own processing operations under the Clauses.

3.             The provisions relating to data protection aspects for subprocessing of the contract referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established.

4.             The data exporter shall keep a list of subprocessing agreements concluded under the Clauses and notified by the data importer pursuant to Clause 5 (j), which shall be updated at least once a year. The list shall be available to the data exporter's data protection supervisory authority.

 

Clause 12

Obligation after the termination of personal data processing services

 

1.             The parties agree that on the termination of the provision of data processing services, the data importer and the subprocessor shall, at the choice of the data exporter, return all the personal data transferred and the copies thereof to the data exporter or shall destroy all the personal data and certify to the data exporter that it has done so, unless legislation imposed upon the data importer prevents it from returning or destroying all or part of the personal data transferred. In that case, the data importer warrants that it will guarantee the confidentiality of the personal data transferred and will not actively process the personal data transferred anymore.

2.             The data importer and the subprocessor warrant that upon request of the data exporter and/or of the supervisory authority, it will submit its data processing facilities for an audit of the measures referred to in paragraph 1.


APPENDIX 1 TO THE STANDARD CONTRACTUAL CLAUSES

 

Data exporter

The data exporter is the entity identified as “Customer” in the DPA

 

Data importer

The data importer is Evato Technology Private Limited, a provider of web services.

 

Data subjects

Data subjects are defined in Section 1.3 of the DPA.

 

Categories of data

The personal data is defined in Section 1.3 of the DPA.

 

Processing operations

The personal data transferred will be subject to the following basic processing activities (please specify): The processing operations are defined in Section 1.3 of the DPA.

 

 

APPENDIX 2 TO THE STANDARD CONTRACTUAL CLAUSES

 

This Appendix forms part of the Clauses and must be completed by the parties.

 

Description of the technical and organisational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):

 

The technical and organisational security measures implemented by the data importer are as described in the DPA.


Evato Policy on Reporting Copyright Infringements

 

Effective Date September 30, 2018

 

Evato respects the copyrights of third-parties, and expects you (or the entity you represent), as a user of our Websites or Services, to do the same. This policy provides information about our policies and procedures regarding the infringement of copyrighted material on our Websites and Services. Any capitalized terms which are not defined in this policy shall have the same meanings in our Terms of Service.

 

Copyright Infringement Notifications

If you believe that there is any infringement of your copyrighted materials on our Websites or Services, you may provide us with a notice of copyright infringement. Pursuant to 17 U.S.C. §512(c)(2), all notifications of claimed copyright infringement on our Websites or Services should be sent to our Designated Agent.

We have provided the following information for the exclusive purpose of notifying us that you believe your copyright(s) are being infringed. Please do not send other inquiries or notices to this contact (including those alleging a violation of trademarks or patent rights), since you will not receive a response to any inquiries or notices that are not related to copyright infringement.

To file a copyright infringement notification with us, you must send us a written notice that includes substantially all of the following requirements. You may consult your own attorney or refer to 17 U.S.C.§512(c)(3) (Section 512(c)(3) of the Digital Millennium Copyright Act) to confirm the following requirements:

1.     Your address, telephone number, and/or email address, so that we may contact you regarding the notification.

2.     A clear and complete identification of the copyrighted work or works claimed to be infringed. If your notice covers multiple copyrighted works, the notice may include only a representative list   of the works.

3.     An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials. The identification should include enough specific information, such as Website URL(s), so that we can reasonably locate the allegedly infringing material. General information about the material, such as the Service being used or a username, will not be sufficient for us to identify the allegedly infringing material or its location.

4.     The statement “I have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”

5.     The statement “The information in this notice is accurate, and, under penalty of perjury, I am the copyright owner, or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.”

6.     An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner. You may provide your signature by typing your own full legal  name (including first and last names; no company names) at the bottom of your notice.

 

If you are submitting a copyright infringement notice to remove allegedly infringing materials originating from a third-party website which is cached on our systems, your notice (a) may only be sent after the material has been taken down from the originating website, or where a court has ordered the takedown from that website, and (b) must include a statement confirming that the material has been taken down, or that a court has ordered that the material be taken down from the originating website.

If we determine that your notice is substantially compliant with these requirements, we will act promptly  to take down,  or disable access to, the allegedly infringing material and provide the subscriber with  notice that we have taken down the material.

You are initiating a legal process by sending us a copyright infringement notice. Do not submit false claims. Please consider whether any disputed use constitutes fair use or fair dealing (or any other


exception to copyright) before you submit a copyright infringement notice. If you are unsure whether materials on our Websites or Services infringe upon your copyrights, please consult a lawyer before proceeding with any notice to us.

You may be subject to severe legal consequences if you knowingly make a material misrepresentation that material is infringing. These consequences include damages (including court costs and attorneys’ fees) incurred by anyone who is injured by our reliance on those misrepresentations to remove or disable access to the material. Those parties include the alleged infringer, the copyright owner or its licensees,   or us. In addition, we may suspend or terminate your account or access to any of our Websites or Services for submitting false claims of copyright infringement.

Please note that the information you provide in a notice may be forwarded to the person who provided the allegedly infringing material to us, and that we may publish your information in place of disabled content.

Retractions

If you submitted a notice of copyright infringement by mistake, or would otherwise like to retract your notice, please provide us with the following:

1.     The statement “I hereby retract my copyright infringement notification.”

2.     An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials which you identified in the original copyright infringement notification

3.     Your electronic or physical signature (including first and last names; no company names). If you sent your original notification by email, send your retraction from the same email address, otherwise we may not be able to process your retraction.

If your account or any material you uploaded or submitted to a Website or through a Service has been affected by a copyright infringement notification, you may reach out directly to the copyright owner for a retraction of the original notice.

 

Counter-Notifications

When we receive a notice of copyright infringement, we will remove or disable access to the allegedly infringing material and notify the alleged infringer. If any of your material is removed for this reason, and you believe your material is not infringing, or, that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use the material in the manner complained about, you may send a counter-notice to our Designated Agent.

We have provided the following information for the exclusive purposes of notifying us that you dispute a copyright infringement claim. Only parties who have all the necessary rights to post, distribute, or otherwise submit the disputed material, or their authorized agents, may submit a counter-notification, and this should only be done if you believe the material was removed or disabled by mistake or misidentification, and it is clear that exceptions to copyright, such as fair use, do not apply. Do not submit a counter-notification if this does not apply to you.

To submit a counter-notification to us, you must send us a written notice that includes substantially all of the following requirements. We will not be able to take action on incomplete submissions. You may consult your own attorney or refer to 17 U.S.C.§512(g)(3) (Section 512(g)(3) of the Digital Millennium Copyright Act) to confirm the following requirements:

1.     Identification of the material that has been removed or to which access has been disabled, and the location from where the material appeared before it was removed or access was disabled (e.g. the specific URL for the material formerly on a Website). General information about the material, such as the Service being used or a username, will not be sufficient for us to identify the material or its location.

2.     The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”


3.     The statement: “I consent to the jurisdiction of the District Court for the district in which my address is located, or if my address is outside India, the judicial district in which Evato is located, and will accept service of process from the claimant or claimant’s agent.”

4.     Your name, address, telephone number, and email address, and the username(s) for your account.

5.     1 A physical or valid electronic signature. You may provide your signature by typing your own full legal name (including first and last names; no company names) at the bottom of your counter-notification.

You may be subject to severe legal consequences if you knowingly materially misrepresent that material was removed or disabled by mistake or misidentification. Those consequences include damages (including costs and attorneys’ fees) incurred by anyone who is injured by our reliance on those misrepresentations. Those parties include the alleged infringer, the copyright owner or its licensees, or  us.

Once we receive a counter-notification, we will forward a copy of the counter-notification to the party who submitted the original claim of copyright infringement. When we forward the counter-notification, it will include any personal information you provide. Please keep in mind that the original claimant may use this personal information to file a lawsuit against you to keep the material from being restored on our Website or Services. By submitting a counter-notification to us, you consent to having your information revealed in this way. We will not forward your counter-notification to any party other than the original claimant.

If you are a user not within India, and are responding to a valid international claim not brought under

§512(c) of the Digital Millennium Copyright Act, you may submit your counter-notification under the above process, or alternatively, with an international counter-notification. You should understand that filing a counter-notification may lead to legal proceedings between you and the complaining party. There may be adverse legal consequences in your country if you make false or bad faith allegations through this process. If you are unsure whether material infringes the copyrights of others, please first contact a lawyer before proceeding. An international counter-notification must include the following:

1.     Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (e.g. the specific URL for the material formerly on a Website).

2.     The statement: “I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

3.     The statement: “I will accept service of process from the person who provided Evato with the original copyright complaint, or an authorized agent of such person.”

4.     Your name, address, telephone number, and email address, and the username of your Evato account.

5.     A physical or valid electronic signature.

We can only accept a counter-notification directly from the user from whose account the allegedly infringing content has been removed or has had its access disabled. For our verification purposes, counter-notifications sent by email should be submitted from the email address associated with the account.

Restoring Material

Once we send a counter-notification to the original party who submitted the copyright infringement notice, that party has ten (10) business days to respond with evidence that they have initiated a court action to keep the material from being restored. We are required to wait for this period before we may restore the disputed material. If we do not receive this response from the original claimant, we may, in our sole discretion, reinstate the removed material or cease disabling access to it within ten (10) to fourteen (14) business days from the day we received the counter-notification.

Evato’s Designated Agent

All notices under this policy, including notices of copyright infringement and counter-notifications, must be sent to our Designated Agent to be effective. You may submit notices by mail, or email to:

DMCA Complaints


Evato Technology Private Limited

Attn: Legal Department, Copyright Agent

B-2, Third Floor, Swasthya Vihaar, New Delhi, Delhi 110092 IN Email: copyrightinfringement@evato.co

Phone: 011-40105289

 

Termination Policy

Please be advised that we have adopted and enforce a policy of termination in appropriate  circumstances against users who are repeat infringers.

 

Disclaimer

Again, please be advised that under 17 U.S.C. §512(f) any person who knowingly materially misrepresents that material is infringing, or who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages. If you are unsure whether materials on our Websites or Services infringe upon the copyrights of others, please consult a lawyer before proceeding with any notice to us.

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