Terms and Conditions of Use
PURPOSE OF USE
EVOLMIND is a company whose corporate purpose includes, among others, the development of IT solutions, offering within its scope of action an online service for the management of online training, hereinafter referred to as EVOLCAMPUS.
EVOLMIND, with VAT number B99151615 and registered office at Calle Bari 31, Office 020, postcode 50197 Zaragoza, registered in the Commercial Registry of Zaragoza, Volume 3513, Folio 46, Sheet Z-43747, 1st Inscription, provides its services in accordance with the terms set out below.
The object of this agreement is the provision to the client of web-based access to the EVOLCAMPUS IT platform, developed entirely by EVOLMIND, consisting of an online training management platform.
ACCEPTANCE OF CONDITIONS
This agreement shall be valid from the date on which you tick the acceptance box for this agreement during the contracting process.
Said electronic acceptance implies acceptance of the conditions included in this agreement, recording the date and time it was carried out. Such a record shall be sufficient to prove the acceptance of this Agreement.
The client agrees that it shall not be necessary to confirm receipt of the acceptance of the contract when it has been concluded exclusively by electronic communication.
EVOLMIND may update, modify, or develop EVOLCAMPUS during the term of the service with the aim of improving its functionalities, adapting it to technical, operational, legal, or security requirements, or the normal evolution of the service.
Failure to comply with any of the Conditions of Use may result in the cancellation of your account.
ACCOUNT CONDITIONS
A full legal name, an email address, and all information required in the account creation process must be provided.
It is the client’s responsibility to provide truthful information, and EVOLMIND reserves the right to delete any account if its veracity is suspected.
The client is responsible for maintaining the privacy of their account. EVOLMIND shall not be held liable for any damage or loss that may result from the client’s failure to protect their login information.
The client decides who has the right to access their account with the role they deem appropriate.
TYPE OF CONTRACT
The contracting of a paid plan begins the moment the client enters their card details and makes a first payment, or, if accepted by EVOLMIND, when they provide their bank details for us to make the corresponding direct debit.
The client is responsible for evaluating each and every functionality of EVOLCAMPUS. Under no circumstances are custom developments undertaken, and any information regarding new functionalities is strictly informative and shall have no contractual binding.
Once a paid plan is contracted, it shall automatically renew on the renewal date until the client requests the cancellation of the account via email to administracion@evolmind.com with a minimum advance notice of ten (10) working days prior to the start of the new billing period.
EVOLMIND offers a pricing system that adapts according to the number of students the client has. A base price is established which includes a set number of students; once this number is exceeded, an additional cost per student will be charged.
EVOLMIND reserves the right to modify the fees at any time with 30 days’ notice. Notifications of fee changes will be published on the EVOLMIND website and via email.
PAYMENT
A valid bank card is required to make payments or, if accepted by EVOLMIND, the provision of a bank account number from which to draw the corresponding direct debits.
EVOLMIND will charge a recurring periodic fee, and should the student limit be exceeded in any given month, the associated additional cost for that month.
The Service is billed in advance for each period. There will be no refunds or credits for partial months of Service, nor will refunds be issued should the client fail to use the Service during the time the account remains active.
In the event of non-payment, EVOLMIND will notify the client of the situation by automated means. If the situation is not satisfactorily rectified within fifteen (15) days of the first communication, the client’s access to the service may be temporarily suspended. If the situation persists, EVOLMIND may terminate the agreement and proceed to delete the account and associated data in accordance with its internal data management and retention procedures.
No fees include any taxes or duties required by your governmental authorities. The client is responsible for the payment of these taxes or duties.
TECHNICAL CONDITIONS
The CLIENT shall have the following technical specifications regarding data storage and transfer:
Total disk storage: 500GB
Maximum file size: 4GB
EVOLMIND may adopt such technical or operational measures as it deems necessary, including the temporary limitation or suspension of the service, to preserve the stability, availability, and security of the service when it detects anomalous, abusive, or malicious uses that may affect the proper functioning of the platform or other clients.
Should the CLIENT fail to apply the proposed solutions within ONE MONTH from the first written communication, EVOLMIND reserves the right to unilaterally terminate this agreement.
CUSTOMER SERVICE, WARRANTIES AND SLA
EVOLMIND shall be responsible for the proper functioning of the hardware and software under its charge according to the contracted service.
System availability is measured based on the ability to access and use the core components of EVOLCAMPUS. The availability offered by EVOLMIND is a minimum of 99% of the time per month.
EVOLMIND will offer technical and consultation support throughout the duration of the contract via the customer service channels made available to the CLIENT, including email and telephone support.
EVOLMIND will use all available means to ensure that the email response time does not exceed ONE WORKING DAY (24 hours), based on the working calendar of Zaragoza (Spain).
BACKUPS
EVOLMIND performs regular backups of the information hosted on EVOLCAMPUS to help ensure service continuity.
In the event of technical incidents or exceptional situations, EVOLMIND may, when deemed technically necessary or advisable, restore a full backup, thereby restoring the affected platform as a whole.
OWNERSHIP OF CONTENT AND DATA
The content, courses, materials, documents, videos, data, and other information hosted by the CLIENT on EVOLCAMPUS shall remain the property of their rightful owners. The use of EVOLCAMPUS does not imply any assignment of intellectual or industrial property rights, exploitation, or use in favour of EVOLMIND.
EVOLMIND will only access such information when necessary for the provision of the service, technical support, maintenance, or compliance with applicable legal obligations.
COPYRIGHT AND INTELLECTUAL PROPERTY
EVOLMIND holds all Intellectual Property rights to any and all protectable components of the Service, including, but not limited to, the name of the Service, graphic material, brand, logos, visual identity, all software associated with the Service, and the user interface elements contained within the Service, many of the individual features, and related documentation.
The CLIENT agrees not to undertake any actions intended to copy, extract information from, monitor, analyse, or interfere with the functioning of EVOLCAMPUS by automated means or equivalent procedures without the express authorisation of EVOLMIND.
EVOLMIND guarantees the complete confidentiality of the hosted data; no property or usage rights for EVOLMIND shall be derived from the storage of such data.
EVOLMIND shall in no event be held liable for possible infringements of the applicable intellectual or industrial property law concerning the content stored on the platform by the CLIENT.
GENERAL CONDITIONS
EVOLMIND shall not be held liable for the consequences arising from the CLIENT’s use of EVOLCAMPUS, nor for the content, data, activities, or information managed through the platform. The CLIENT assumes sole responsibility for the use of the service, compliance with the regulations applicable to their activity, and the decisions made based on the information hosted or generated in EVOLCAMPUS.
Under no circumstances shall EVOLMIND be liable for damages or losses that may arise from actions, omissions, or decisions attributable to the CLIENT or to third parties authorised by them to access the service.
EVOLMIND shall not be liable for the failure to fulfil its obligations as defined in this contract if the performance of these obligations has been reasonably prevented, interfered with, or delayed by circumstances beyond EVOLMIND’s control.
EVOLMIND is not responsible for the use of the data stored in the system. The CLIENT shall be responsible for the proper management of access to, modification, or deletion of such data.
The CLIENT is fully responsible for the access and proper use of EVOLCAMPUS in accordance with current laws, whether national or international, as well as the principles of good faith, morals, good customs, and public order. Specifically, they commit to diligently observing these General Conditions of Use.
The CLIENT agrees not to resell, duplicate, reproduce, or exploit any part of the Service without the express written consent of EVOLMIND. The CLIENT may not use the Service to store, host, or send harmful or unsolicited email (spam).
If any condition described herein is invalidated or cannot be enforced, the application of any of the remaining conditions shall in no way be affected.
The Conditions, and your relationship with EVOLMIND under these Conditions, shall be governed by the laws of Spain. The CLIENT and EVOLMIND agree to submit to the exclusive jurisdiction of the courts of Zaragoza to resolve any legal matter relating to the Conditions.
PRIVACY AND DATA PROTECTION
The processing of personal data carried out within the framework of the provision of the service is regulated by the corresponding Data Processing Agreement included in the contracting of EVOLCAMPUS.
The data entered by clients into EVOLCAMPUS is hosted on servers located within the European Union, ensuring compliance with applicable regulations regarding hosting and data protection.
EVOLMIND and its employees may only access the data hosted on EVOLCAMPUS when necessary for the provision of the service, technical support, maintenance, or compliance with applicable legal obligations. All EVOLMIND staff are bound by confidentiality commitments and the obligations established by current data protection regulations.
REFUND POLICY
If at any time during the first 30 days following the contracting of EVOLCAMPUS the CLIENT is not satisfied with the service, they may cancel their account and request a refund of the fee paid for that first month by contacting administracion@evolmind.com
