Terms and Conditions

Last Updated: January 15, 2025

Welcome to Evari. Please read this document as it contains important information. To help you navigate these Terms and Conditions, we've included a short explanation or summary alongside the detailed legal provisions. These are designed to provide a short, clear and simple overview of key points and obligations. These are for convenience only and are not legally binding. The full terms and conditions are what apply so read them carefully to understand all rights and responsibilities of this Agreement.

By clicking "I Accept", You agree you have READ, UNDERSTOOD AND AGREE to these terms and conditions which will constitute a legally binding agreement (this "Agreement").

1. Who
2. When
3. What
4. Definitions
5. Customer Warranties
6. Use
7. Accounts
8. Cloud Hosting Infrastructure
9. Plans
10. Additional Users
11. Usage Credits
12. Payment
13. The Don'ts – Use Restrictions
14. Your Responsibilities
15. Third Party Services
16. Data
17. Privacy
18. Security Incidents
19. Our AI Assistance Features
20. Trial or Beta Use
21. Our Intellectual Property
22. Confidential Information
23. Compliance with Documentation and Security
24. Customer Representations & Warranties
25. Indemnification
26. Limitation of Liability
27. Suspension
28. Cancellation
29. Sanctions and Export Laws
30. Miscellaneous
31. Amendments

1. Who

You agree individually or on behalf of a business entity.

This Agreement is between Evari Services UK Ltd of 128 City Road, London EC1V 2NX ("Us, We, Ours") and you. If you are signing up:

as an individual, this agreement will be between Us and you as the individual;
on behalf of a company, organisation or other entity (such as your employer), it will be the entity on whose behalf you are agreeing to this Agreement.

In this Agreement the words "You", "Your", "Yours" or "Customer" refer to you as an individual or the entity as applicable.

If You do not agree, or where You are an individual agreeing on behalf of an entity and do not have the authority to legally bind the entity, you must not click "I Accept", create an Account or use Evari products including at www.evari.tech.

2. When

This Agreement starts on the date and time You click "I Agree" and sign up (the "Start Date") and It continues until terminated by either party in accordance with this Agreement ("the Term").

3. What

Read the other documents as these form part of the terms You are agreeing to.

This Agreement includes:

these Terms and Conditions
Data Processing Agreement
Acceptable Use Policy
Security Addendum

Each of these documents are incorporated into this document by reference.

4. Definitions

Key terms are explained in detail for clarity. When you see these terms in the Agreement refer back here for the definition.

The following words will have the following meanings whenever used with capitals in this Agreement:

Key Definitions

"Account" means a Root Account and any Secondary User Account.

"Account Data" means Billing Information, as well as other information and records related to or associated with Your Account including that You provide to Us in connection with the creation or administration of an Account, such as, names, account name, occupation, phone numbers, entity information, email address, billing, location, and website details, and Account configuration information and login data. It excludes Service Content and AI Assistance Content.

"Add Ons" means optional additional feature, usage, functionality, service, improvement, or resource offered by Us from time to time that is not included in Your existing Plan and is subject to payment of an additional Add On Fee or consumption of pre-paid Usage Credits.

"AI Agents" means an artificial intelligence system with large language models ("LLM") that mimic human decision-making to accomplish a specific goal or objective in real time with limited human supervision.

"AI Assistance Content" means all data or information submitted by You including by Users to Our AI Assistance Feature.

"AI Assistance Feature" means any AI-enabled feature made available by Us as part of Evari to provide You with support and assistance. It does not include AI Agents You create via Evari.

"AI Providers" means the third parties that provide LLMs including those used by AI Agents or AI Assistance Features, which may be supported by Evari from time to time.

"API" means an application programming interface being a set of software function, protocols and tools provided by Us to enable Users to access and interact with the functionality or data of Evari.

"AUP" means Our acceptable use policy currently posted at https://www.Evari/legal.html as updated from time to time.

"Documentation" means the published user manual related to use of Evari, as well as describing the functionality of Evari found at http://www.evari.tech/documentation as updated by Us from time to time.

"DPA" means the data processing addendum agreement between Us and You located at www.evari.tech/legal/DPA as updated from time to time.

"Excluded Data" means any higher risk data which is data that is classified as sensitive, confidential, or high-risk under applicable Privacy/Security Laws, standards or guidance including but not limited to sensitive personal data, health information, financial data, or authentication credentials.

Important: You must not use Evari to process Excluded Data. This includes sensitive personal information, health records, financial data, or any confidential business information.

"Free Plan" means a limited, no-cost subscription to Evari that is subject to restrictions on features, users, Usage Credits or functionality as specified by Us from time to time.

"Infrastructure Providers" means the third-party providers who provide server hardware and datacentre services to Us for purposes of hosting Evari.

"Our Content" means API's, sample code, software libraries, command line hooks, proofs of concept, templates, advice, information, programs and other content made available by Us and Our Affiliates related to the use of Evari or on the Website and other related technology. It does not include Evari.

"Paid Plan" means a Evari subscription offered for a Fee, providing enhanced features, increased Usage Credits, usage limits and/or additional functionality compared with a Free Plan.

"Plan" means either a Free or Paid Evari subscription plan selected and activated by You via the Root Account or a Secondary User granted with privileges to do so.

"Evari" means Our online, cloud hosted and managed application for the creation, management and use of AI Agents as described in the Documentation as well as Our API's and any updates, upgrades, patches, modified versions, extensions, improvements and derivative works including the AI Assistance Features.

"Root Account" means the initial online account You register and open to access and use Evari and which serves as the primary account for the Root User to access and manage Your Plan.

"Secondary Account" means any online account registered and maintained to access and use Evari under the administrative control of the primary Root User.

"Service Content" means all data or information submitted to, processed, hosted or stored through Evari by You or on Your behalf, including by Users, in connection with Your use of Evari and Your Account but does not include Account Data or AI Assistance Content.

"Usage Credits" means unit of service entitlement that may be redeemed by You to use the Account in accordance with the applicable consumption rates set forth in the Documentation.

5. Customer Warranties

You promise us that you are authorised and legally capable of entering into this agreement.

Individual

You represent, warrant and covenant that You have the legal capacity (including, without limitation, being over 18 years of age or of sufficient age) to enter into a binding contract under the law of the jurisdiction in which You reside, are registered or conduct business.

Entity

Where You are an entity, You represent and warrant that You have full corporate right and authority to enter into and perform this Agreement. The person agreeing to this Agreement on behalf of an entity represents, warrants and covenants that they are authorised to do so and has and maintains the authority of the entity to bind it to this Agreement.

Prohibited Persons

You represent warrant and covenant that You are not and will not be subject to any sanctions, export restrictions or prohibited party lists.

6. Use

You can use the current version of Evari as intended where it's available. Make sure you use it in accordance with the documentation available. Use is subject to specified and reasonable limits.

Intended Use

Evari is intended for business or professional use only. Evari is a generally available proprietary software.

Access and Use Grant

During the Term, We grant to You a limited, revocable, non-exclusive, non-sub-licensable, non-transferable, royalty free right to permit Root and Secondary Users to access and use Evari and Our Content solely for Customer's business purposes limited to such features and functions as the Plan specifies and in accordance with the Documentation and the terms and conditions of this Agreement.

Revisions

We may revise, discontinue or remove Evari or any of its features and functions at any time. If any such revision to Evari materially reduces features or functionality provided pursuant to a current Plan, Your sole and exclusive remedy is to cancel the Plan. In the case of a discontinuance We will provide 30 days notice and the Plan will automatically cancel on the date of discontinuance.

Usage Limits

Your use of Evari is subject to the limits identified in the Plan from time to time. Your use is also subject to reasonable usage limits, as determined by Us in good faith based on industry standards and typical usage patterns.

Support

Your Plan determines the Support Services that You are eligible to receive. We will provide such Support Services to You in accordance with the Documentation.

7. Accounts

You are responsible for your primary and any secondary accounts, credentials, and all use of Evari. Keep your account information accurate and secure.

Root Account

To access and use Evari, You must register for, open, set-up and maintain a Root Account and activate a Plan.

Secondary Accounts

Secondary Users are required to create and maintain individual accounts linked to the Root Account to access and use Evari. You will be responsible for facilitating access to Secondary Users via the Root Account or granting invitation privileges to Secondary Users.

Log-in Credentials

You are responsible for the security of all User credentials. You shall use proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with access information.

Important: If You lose access, the Recovery Keys can be used to regain access to the Account, however if You lose access to, or fail to enter the correct Recovery Keys then You acknowledge that We will not be able to recover data from, nor restore access to, Your Account.

Your Liability for Accounts

You agree that You are responsible and liable for all access and use of Evari and Our Content under the Accounts (including by Users and any unauthorised use), including, compliance with all applicable laws, the AUP and any third-party terms.

8. Cloud Hosting Infrastructure

Evari is encrypted and hosted on infrastructure provided by third parties and we are not responsible or liable for that hosting.

Infrastructure Providers

You acknowledge and agree that:

Evari is hosted using datacentres and servers managed by third-party Infrastructure Providers, and those providers are responsible for this service including maintaining service availability; and
We are not responsible or liable for any acts, omissions, errors, interruptions, or failures of the Infrastructure Providers; and
disruptions, delays, or damages caused by the Infrastructure Provider are not grounds for a claim against Us, nor do they affect Your obligation to pay Fees.

Encryption

Service Content is stored inside Evari and hence with the Infrastructure Providers. Service Content is stored in encrypted form only. The Infrastructure Providers cannot decrypt Service Content.

9. Plans

Your plan will automatically renew unless you cancel it before the end of the billing period. You can upgrade your plan at any time but can only downgrade your plan from the next billing period.

Plan

You acknowledge and agree that Evari has different Plans and some features and functions or similar may only be accessed and used after payment of applicable Fees is received as set out in the Plan.

Automatic Renewal

Unless You cancel prior to the end of a Plan, the Plan will automatically renew for successive billing periods. All renewals are subject to Evari and Plan being offered at the time of renewal and will be subject to the then-current Fees applicable to the renewed Plan.

Plan Downgrades

You can downgrade a Plan at any time however the Downgrade will take effect from the next Billing Period. You acknowledge and agree that downgrading a Plan is likely to cause a reduction in Included Usage Credits, loss of features, functionality, performance capacities, data storage, processing power, data or other capabilities of Evari which were available under the higher-tier Plan.

Plan Upgrades

You can upgrade a Plan at any time and the upgrade will take effect from the date of the upgrade.

10. Additional Users

Your plan may include an allocation of, or eligibility to pay for additional users. Additional users can be added at any time but you can only reduce the number of additional users from the next billing period.

Eligibility, inclusions and limitations to the number of Additional Users that You can add to Your Plan may differ depending on the Plan that You are registered for, as described in the Documentation published on our Website from time to time.

Add On charges may apply for Additional Users. Charges vary based on the Plan that You are registered for.

If You are eligible and elect to increase the number of Additional Users for Your Account, this change shall take effect immediately. Any applicable associated increase in Add On Fees shall be applied immediately.

11. Usage Credits

Use of some services inside Evari will consume Usage Credits. Your plan includes an allocation of Included Usage Credits, and may include a right to buy Additional Usage Credits. Included credits that are not used in a billing period will be forfeited. Additional Usage Credits which you have purchased and not used can be rolled over to a subsequent period.

Method of Payment for Add Ons

You acknowledge and agree that Evari uses Usage Credits as a mechanism for measuring fixed unit of consumption of Add On services within Your Account.

Included Usage Credits - Free Plans

Free Plans include an allocation of a specified number of Included Usage Credits per Account, per month. Included Usage Credits are allocated to Your Account at the start of each billing period. Any Included Usage Credits that are not utilised at the end of the period shall be forfeited.

Included Usage Credits - Paid Plans

Paid Plans include an allocation of a specified number of Included Usage Credits per User, per month. The total amount of Included Usage Credits will be tracked at the Account level, and consumed on a first-come-first-served basis by any User within the Account. Any Included Usage Credits that are not utilised at the end of the period shall be forfeited.

Purchase of Additional Usage Credits

Paid Plans provide you with the ability to purchase quantities of Additional Usage Credits in advance. Additional Usage Credits that are not utilised in the current billing period shall be rolled over and may be used in subsequent billing periods.

12. Payment

You must pay for non-free plans including applicable taxes. Fees are billed based on your chosen plan. There are no refunds. If you pay late interest is chargeable and your account can be suspended or cancelled. Payments are processed by a third-party.

Fees

You shall pay Us the Subscription Fee for each Paid Plan and all applicable Add-on Fees including for additional Usage Credits during the Term (the "Fees").

Billing

Invoices will be available digitally and found in Your Root Account. You agree to be billed on a recurring basis and to be automatically charged using your payment method on invoicing. All Fees are payable in advance.

Method of Payment

You must pay Us using one of the payment methods We support from time to time. You must promptly notify Us of updates to Your Billing Information including where Your payment method is cancelled or otherwise inoperable.

Payment Processors

We use third-party payment processors ("Payment Processors") to bill you through the payment account linked to your Root Account. Payment processing is subject to the terms, conditions and policies of the Payment Processors in addition to this Agreement. We are not responsible for the errors, acts or omissions of the Payment Processors.

Refunds and Cancellation

Payment obligations are non-cancellable.

Paid Plans: If you Downgrade a Paid Plan, You will not be entitled to any refund of amounts paid for the billing period.
Add On Fees: Any Add on Fees and applicable Taxes are non-refundable regardless of whether the Add-on has been used or the Plan is downgraded or cancelled.
Free Plans: No credits or refunds are provided for any cancellation or upgrade of a Free Plan as there is no Subscription Fee for a Free Plan.

Taxes

All Fees are exclusive of Taxes which You must pay in addition to and at the same time as the Fees. Fees are due and payable without deduction for any tax, tariff, duty, or assessment imposed by any government authority.

Interest

Without limiting Our rights or remedies, You shall pay interest charges on late payments from the time the payment was due at the rate that is the lower of 4% per month above the Bank of England current base rate or the highest rate permissible under applicable law until paid in full.

Late or Non-Payment

Without limiting Our other rights or remedies, We may suspend, deactivate, prevent access to, disable services, delete or terminate Your Root Account or any other account You have with Us, prohibit You from creating any new account with Us, until all sums due under this Agreement are paid in full.

13. The Don'ts – Use Restrictions

You are not allowed to use Evari other than for its usual purposes. Don't modify, copy or share it.

Only Use as per this Agreement

You must not, and must ensure that Users do not, use Evari or Our Content in any manner or for any purpose other than as expressly allowed by this Agreement and the Documentation.

Use which is not allowed

You must not, and must ensure that Users do not (whether directly or indirectly), attempt to or allow or encourage a third party to:

access or use Evari or Our Content for service bureau or time-sharing purposes, offering it as a software-as-a service, for training or otherwise exploit Evari;
resell, sublicense, rent, distribute, lease or otherwise make Evari or Our Content available to any third party, other than its Users permitted by this Agreement;
decipher, disassemble, decompile, or reverse engineer Evari, Our Content or any portion of them;
modify, translate, or otherwise create derivative works of any part of Evari;
access or use Evari or Our Content to threaten or breach the security or integrity of any network, computer, communications system, software application or device;
use any means to avoid any use limitations or other quotas such as access and storage restrictions or avoid incurring fees;
share login credentials or non-public features or content to any third party;
access Evari or Our Content to copy ideas, features, functions or graphics, or to build or assist in building a competitive product or service;
engage in unauthorised web or data scraping via any means including through any software that simulates human activity, a bot or web crawler.

14. Your Responsibilities

Your use of Evari must comply with this agreement and all laws, and you are also responsible for Your Users use (including unauthorised use), Configuration, and Service Content. You must take steps to prevent unauthorised access, tell us about any unauthorised use, and cooperate with us.

Comply with Laws

You shall comply with all applicable laws and regulations, including Privacy/Security laws.

Acceptable Use

You shall comply and ensure Users comply with this Agreement including the AUP. You are responsible for notifying Your employees and others of the provisions of this Agreement, including the AUP.

Service Content and AI Assistance Content

You agree that You are solely responsible for:

Content Responsibility: All Service Content, and AI Assistance Content, including its content, quality, accuracy and legality;
Legal Compliance: Ensuring Service Content, and AI Assistance Content, complies with all laws applicable to the collection and provision of Service Content;
Backup and Disaster Recovery: You are responsible for implementing and maintaining Your own independent backup, archiving, and disaster recovery procedures for Service Content. We do not retain or maintain any archives, copies, preservations or backups of your Service Content;
Security Monitoring: Implementing Your own security monitoring, threat detection, malware scanning, and compliance verification procedures for Service Content.

Recovery Key Management

You are solely responsible for managing, storing, protecting, and maintaining all Recovery Keys.

Important: You acknowledge and agree that if you lose, corrupt, delete or otherwise lose access to Your Recovery Key, all Service Content may be permanently and irretrievably inaccessible and We have no liability for any Loss including of Service Content arising in connection with loss of Recovery Keys.

Unauthorised Access

You shall:

ensure that only authorised Root and Secondary Users access and use Evari;
take reasonable steps to prevent unauthorised access or use of Evari, including by protecting log-in credentials;
notify Us immediately of any known or suspected unauthorised access or use of Your Account, User credentials, Recovery Keys or Evari;
use best efforts to stop any such matters.

AI Agents

You are solely responsible for the access and use of any AI Agents that You create through Your or Users use of Evari. We have no responsibility or liability for such access and use.

15. Third Party Services

We are not responsible for any third-party services including AI providers.

Any Third-Party Services are not within Our control, and You use them at Your own risk. To the fullest extent permitted by law, We are not responsible or liable for the availability, content, functions, output, performance, accuracy, legality, appropriateness, security or any other aspect of any Third-Party Service.

You acknowledge that when You use AI Assistance Features or configure integrations between Evari and Third-Party Services:

Service Content and AI Assistance Content may be decrypted after transmission by such Third-Party Services and any AI Providers;
such Third-Parties may have access to Service Content and AI Assistance Content in unencrypted form;
We have no control over and no responsibility for AI Providers and Third-Party Services handling, security or use of Service Content or AI Assistance Features Content;
You are solely responsible for evaluation of the security, privacy practices, and terms of service of all AI Providers and Third-Party Services.

16. Data

Service Content and AI Assistance Content is your responsibility. Don't use Evari for sensitive, high-risk data. If you want to use Evari for this, please get in touch with us to discuss.

Our privacy policy is on our website – read it to know how we handle your Account Data and Usage Analytics.

You agree we can use your Service Content and AI Assistance Content to provide services, de-identified data as we like, and otherwise as set out in the Privacy Policy.

General

Evari permits the submission or uploading of Service Content and the AI Assistance Feature permits submission or upload of AI Assistance Content, by You and Secondary Users in accordance with this Agreement.

No Access to Service Content

We do not have access to Service Content. Service Content is encrypted and may be accessed only by Users and is managed solely by You.

Limited Access to AI Assistance Content

We have access to AI Assistance Content to provide the AI Assistance Features. All AI Assistance Content is stored securely in encrypted form. You control what data You provide as part of the AI Assistance Content.

Customer Managed

You acknowledge and agree that because We cannot access Your Service Content, We cannot:

monitor, access or decrypt Service Content for any purpose, including security monitoring, threat detection, malware scanning or compliance verification;
investigate, analyse or provide forensic analysis of data incidents, security breaches or unauthorised access involving Service Content;
provide technical support, troubleshooting, or customer assistance that requires access to, inspection of, or analysis of Service Content;
recover, restore, or retrieve Service Content if You lose access to Your Recovery Keys or if Service Content becomes corrupted;
regenerate Recovery Keys under any circumstances;
comply with lawful access requests, court orders, or regulatory demands for production of Service Content in unencrypted form.

Excluded Data

"Excluded Data" means any higher risk data which is data that is classified as sensitive, confidential, or high-risk under applicable Privacy/Security Laws, including:

sensitive, special category or high risk Personal Data under the GDPR or equivalent;
health information under HIPAA or similar;
financial data including account numbers, payment card information;
national or government identification numbers, social security numbers;
data requiring additional compliance or protection obligations.

Excluded Data Warranty

You warrant that:

You have not and will not transmit Excluded Data, or permit transmission of Excluded Data, to Us or Our computers or other media;
Service Content and AI Assistance Content does not and will not include Excluded Data;
You shall inform Us of any Excluded Data within Service Content or AI Assistance Content immediately after discovery.

Important: Our systems are not intended for management or protection of Excluded Data and may not provide adequate or legally required security for Excluded Data. We are not responsible or liable for any data exposure or disclosure or related loss to the extent that it involves Excluded Data.

Storage Region

You may select the Region in which Services Content will be stored, as offered from time to time by Us. You consent to the storage of Services Content in, and transfer of Services Content into, the Region you select.

Account Data and Usage Analytics

You acknowledge and agree with Our Privacy Policy. You consent to Our use of Account Data, AI Assistance Content and Usage Analytics as set out in the Privacy Policy. The Privacy Policy does not apply to Service Content.

De-Identified Data

"De-Identified Data" refers to Usage Analytics with information that identifies or could reasonably be used to identify an individual person, a household, or You removed. You grant Us to the right to and We may use, reproduce, sell, publicise, or otherwise exploit De-Identified Data in any way, in Our sole discretion.

17. Privacy

The DPA sets out how we handle your Service Content and AI Assistance Content. We try to safeguard your content as set out in the DPA but can't guarantee that Service Content and AI Assistance Content won't be lost or disclosed. We use your Service Content and AI Assistance Content to provide Evari. We may need to disclose this to provide services or if required by law or government.

General

The provisions below of this clause are subject to applicable law, including Privacy/Security Laws. This clause only relates to Personal Data that We Process.

DPA

Each party shall comply with its obligations under the DPA.

Safeguards

We or Our Affiliates will use appropriate and administrative physical and technical safeguards designed to prevent unauthorised access to, use or disclosure of Service Content and AI Assistance Content containing Personal Data as described in the Security Addendum.

Access to and Limited Use of Personal Data

We and Our Affiliates will not access or use any Service Content and AI Assistance Content except as set out in this Agreement, as necessary to maintain, provide or facilitate Evari, provide Support Services, to enforce this Agreement, or for a Permitted Disclosure.

Risk of Exposure

You accept and agree that hosting data online involves risks of unauthorised disclosure or exposure and that, in accessing and using Evari, You assume such risks. We offer no representation, warranty, or guarantee that Service Content and AI Assistance Content or other information will not be exposed or disclosed through errors or the actions of third parties.

18. Security Incidents

Our Responsibilities

We will comply with Our Obligations in the Security Addendum. We are responsible for Security Incidents only where, and to the extent that, such result from Our failure to maintain the security measures set out in the Security Addendum in respect of the Evari Service Environment that We control.

Your Responsibilities

You are responsible for any Security Incident to the extent it arises out of or is in connection with:

the Recovery Keys;
unauthorised User access or compromised User credentials;
Your security practices and procedures;
malicious or negligent acts of Your personnel or Users;
vulnerabilities in Service Content and AI Assistance Content itself;
Third-party Services and applications that You integrate with Evari.

Your Security Incident Response Obligations

You are solely responsible for:

investigating whether Service Content and AI Assistance Content has been compromised in any Security Incident;
determining what Personal Data or sensitive information may have been affected;
making all legally required notifications to data subjects, regulators, and other third parties;
managing all legal, regulatory, and contractual obligations arising from any Security Incident;
responding to inquiries from data subjects, regulators, law enforcement, and other third parties.

19. Our AI Assistance Features

We may provide you with use of AI assistance features and are not responsible for the AI features. You accept AI may be wrong and you use it at your own risk. We don't own the AI output, and it may not be unique - others may receive similar AI output.

Ownership

You may provide input to the AI Assistance Features ("AI Input") and receive output from the AI Features based on the AI Input ("AI Output"). AI Input and AI Output are together "AI Customer Content". As between Us and You, and to the extent permitted by law, You retain all ownership rights in the AI Input and own the AI Output.

Training

We will not train AI models using AI Customer Content. We may only use the AI Customer Content as necessary to provide Evari, Our Content, Support Services, comply with applicable laws, and to enforce our rights under this Agreement.

You don't own similar AI Output

AI Output may not be unique and other Users may receive similar content from Evari. Responses that are requested by and generated for other Users are not Your AI Input nor Your AI Output.

Disclaimer

Important: AI Assistance Features may produce incorrect AI Output that does not accurately reflect the true position. You must use human review to verify, identify and correct any errors in the AI Output before using the AI Output for any purpose.

Excluded Warranties

To the maximum extent permitted by law, the AI Assistance Features and AI Output are provided AS IS and AS AVAILABLE. We make no warranties (express, implied, statutory or otherwise) with respect to the AI Assistance Features and AI Output.

20. Trial or Beta Use

Any Beta or Trial is used at Your own risk.

Trial

A "trial" is intended for short term evaluation of Evari that is provided for free or discounted. Trial use is limited to internal evaluation purposes. Trial use is provided without support, AS IS and AS AVAILABLE without warranty, or condition of any kind (to the maximum extent permitted by law).

Beta

We may offer access to or use of certain features, technologies, Regions and services that are not generally available. These include any products or services labelled "beta", "preview", "pre-release" or "experimental" ("Beta").

Beta Disclaimer

Without limiting any of the disclaimers of liability in this Agreement, You agree that Beta's are not ready for general commercial release and may contain bugs, errors, defects or harmful components. Accordingly, and despite any other terms contradicting this in this Agreement, We provide the Beta to you "AS IS" and "AS AVAILABLE".

We and Our Affiliates and their Associates and licensors do not make any representation or warranty of any kind, whether express, implied, statutory or otherwise regarding Beta, including that the Beta will become generally available, be uninterrupted, error free, or free of harmful components.

21. Our Intellectual Property

We own Evari including Feedback. You own your Services Content. We can use your name for marketing.

Evari

As between Us and You, We retain all right, title, and interest in and to all intellectual property rights in Evari, Our Content and Support Services including without limitation all related and underlying technology and Documentation. This Agreement does not grant You any intellectual property license or rights in or to Evari Materials except to the limited extent that such rights are necessary for Your use of Evari as specifically authorised by this Agreement.

Feedback

"Feedback" refers to any suggestion, enhancement requests, recommendations, other feedback or idea for improving or otherwise modifying any of Our or Our Affiliates' products or services or the Website. We have not agreed to and do not agree to treat as confidential any Feedback that You, Your Clients, or other Users give Us. You irrevocably assign to Us all right, title and interest in and to any Feedback.

Marketing

You grant us permission to use and display Your name, logos and trademarks "Customer Marks" in Our promotional and marketing materials and communications including on the Website to identify You as a customer or user of Evari.

22. Confidential Information

You must keep Our Confidential Information confidential.

Definition

"Confidential Information" means all information We, Our Licensors, business partners or Our or their respective Associates disclose to You that is not public, designated as confidential or that given the nature of the information or circumstances surrounding its disclosure, reasonably ought to be understood as confidential. It includes:

the Documentation, terms of this Agreement, Plan and Our Content (to the extent such are not public);
the nature, content and existence of any discussions or negotiations between You and Us or Our Affiliates;
non-public information relating to Our or Our Affiliates or business partners' technology, software, customers, business plans;
third party information that We are obligated to keep confidential;
trade secrets;
Our Beta products or services.

Non-Disclosure Obligations

You shall not:

use Confidential Information for any purpose other than in connection with Your use of Evari or Support Services as expressly permitted under this Agreement;
disclose Confidential Information to any third party without Our prior written consent;
issue any press release or make any other public communication with respect to this Agreement, Our Content or Your use of Evari;
otherwise disclose Confidential Information during the Term or at any time after the end of the Term.

Protection

You shall protect Confidential Information to keep it confidential and against disclosure, dissemination or unauthorised use, with no less than reasonable care.

23. Compliance with Documentation and Security

We don't make any promises or give any guarantees about Evari or its performance.

From Us

We will ensure that:

Evari will perform in all material respects with the Documentation; and
We will not materially decrease the overall security of Evari during the Term.

Disclaimers

Except to the extent in Clause 23.1 above, You accept Evari and Our Content and Support Services or any other material provided "AS IS," and "AS AVAILABLE" and to the maximum extent permitted by law We and Our Affiliates and their Associates and licensors make no representation or warranty of any kind, express or implied.

We do not represent or warrant that Evari, Our Content or other material will:

perform without interruption or error or that it is free of harmful components;
achieve any intended result;
be compatible, work with, or continue to work with Your or other components;
be secure from hacking or other unauthorised intrusion or that Service Content will remain private or secure or not otherwise lost or altered.

24. Customer Representations & Warranties

From You

You represent and warrant that:

You have accurately identified yourself and have not provided any inaccurate information to Us or through Evari;
You or Your licensors own all right, title and interest in and to Service Content and Feedback;
none of the Service Content or Users' use of Service Content or Evari will breach the AUP;
You have carefully evaluated whether Evari is appropriate and suitable for Your specific use case, industry, regulatory requirements and risk.

25. Indemnification

You promise to cover us for any losses from your and users use of Evari where that causes legal issues for us.

Indemnity

You shall defend, indemnify (and keep Us indemnified), and hold harmless Us, Our Affiliates and licensors and each of their respective Associates from and against any Losses arising out of or relating to any third party claim, suit, demand, or proceeding arising out of or related to Your alleged or actual use of, misuse of, or failure to use Evari or Our Content, including claims:

concerning or by You or Users' (including use by Your employees and personnel) including any activities under Your Account;
related to Data Incidents including such events caused by You, Your customers or other Users;
related to misappropriation, infringement or breach of any third-party rights by written material, images, logos or other content uploaded to Evari through Your Account;
for breach of this Agreement, Documentation, or applicable law by You, Users;
related to Service Content or AI Assistance Content;
related to a dispute between You and any User.

26. Limitation of Liability

Our liability is limited to fees paid within the last 12 months, and we are not liable for certain losses like data loss or service interruption.

Exclusions to Liability Cap

Nothing in this Agreement limits either party's liability where that cannot be limited by applicable law. If applicable law limits the application of the provisions of this clause, Our liability will be limited to the maximum extent permissible.

Cap

Our and our Affiliates and licensors and each of their Associates total cumulative liability for all claims arising out of or related to this Agreement or Evari will not exceed the total amount paid by You to Us under this Agreement for the services giving rise to the liability during the 12 months immediately prior to the event giving rise to such liability.

Excluded Damages

We will not be liable for:

lost profits, goodwill, business, anticipated savings, customers, revenues, opportunities;
loss of use or corruption of software or data;
any consequential, indirect, special, incidental, exemplary or punitive damages;
unavailability or failure to provide any services or support

arising out of or related to this Agreement or use of Evari and Our Content.

Time limit on claims

Unless You notify Us that You intend to make a claim within 2 months of the event giving rise to the claim, then We will have no liability for that event. Your notice must identify the event and grounds for the claim in reasonable detail.

27. Suspension

We can suspend your and users use of Evari if you haven't paid, for legal or security reasons, or any reason if you are on a free plan.

General

We may suspend Your Account and or Your and any Users' right to access or use any part or all of Evari, immediately on notice to You if We reasonably determine:

Fees are overdue or You are in breach of Your payment obligations;
You are in breach of this Agreement;
Your use poses a security risk to Evari, Us, Our Affiliates, or any third party;
Your use could adversely impact our systems, Evari, or the systems or Services Content of any other customer;
Your use could subject Us to liability;
Your use could be fraudulent;
You are on a Free Plan.

Effect of Suspension

If Your Account is suspended under this clause, You will be responsible for all Fees you incur during the period of suspension that We invoice to You.

28. Cancellation

You can cancel by deleting your Account. We can cancel at any time without prior notice to you but we will try to give notice in advance where possible. This can be because of legal, security or other reasons. Where we cancel for no reason we will give you 14 days notice. You need to export your Service Content before cancellation or it is at risk of being permanently unavailable.

Cancellation by Deletion of Account

You can cancel this Agreement at any time by deleting the Root Account. Deletion of an Account will not relieve You of any incurred Fees and payment obligations. Cancellation will simultaneously cancel any Plan and Add-ons.

Cancellation by Us for Cause

We may cancel this Agreement immediately and without prior notice:

where You are in breach of this Agreement or the Documentation;
where You terminate or suspend Your business, become bankrupt, insolvent or are wound up or liquidated;
if We have the right to suspend;
if the issue giving rise to the suspension has not been remedied within 30 days of Us suspending.

Immediate Cancellation by Us

We may cancel this Agreement immediately without prior notice:

for any reason where you are on a Free Plan;
if Our relationship with the Infrastructure Provider, or a third-party partner expires or terminates;
to comply with the law, regulatory or government authority;
because of a Force Majeure event;
continued provision poses a security risk, or risk of harm.

Cancellation by Us with Notice

We may cancel this Agreement upon 14 days notice to You for any reason.

Effects of Cancellation

Important: Upon cancellation of this Agreement:

You are solely responsible for exporting Service Content in a commonly used, machine-readable format from Evari prior to cancellation;
You acknowledge that cancellation is likely to result in the immediate loss of access to all Services Content;
You and all Users shall cease all access and use of Evari and Our Content;
You remain responsible for all Fees incurred through to and including the date of cancellation;
all Your rights under this Agreement immediately end.

Data Export and Deletion

Where this Agreement is cancelled, We will delete all Services Content from Our systems as set out in our Data Retention Policy unless required to retain it for legal or regulatory reasons.

29. Sanctions and Export Laws

You must make sure all use of Evari is permitted under any sanctions or export laws.

Compliance

You represent, warrant, and undertake that Your use of Evari will comply with all applicable export control and sanctions laws and regulations, including the laws and regulations administered by the United Nations, United States Department of Commerce, United States Department of the Treasury Office of Foreign Assets Control (OFAC), the European Union, Her Majesty's Treasury (UK), and any other applicable governmental authority.

Restrictions

You shall not use, access, export, re-export, divert, transfer, or disclose Evari, Our Content, or any related technology:

in or to any jurisdiction prohibited under applicable export control or sanctions laws;
for the benefit of any person or entity identified on any sanctions or restricted parties list;
for any purpose related to nuclear, chemical, or biological weapons, or missile technology.

30. Miscellaneous

Independent Contractors

This is a normal supplier / user relationship. We aren't partners, agents, or employees of each other. Neither of us can make promises, commitments or act on behalf of the other.

The relationship between You and Us is as independent contractors. Neither of us is the agent, partner or has a joint venture or employment relationship with the other. Neither of us has the authority or may make commitments on the other's behalf.

Notices

Send notices to us at legal@evari.tech. We consider emails being received after 72 hours. We will let you know if we change our email address.

We can send notices to you to your Account email address (considered received after 24 hours) or post them on our website (effective at time of posting).

We may send notices pursuant to this Agreement to the email address provided by You to Us for Your Account, and such notices we deem received 24 hours after they are sent or by posting a notice on our Website which are effective at the time of posting. You are responsible for keeping Your Account email address current and correct. You may send Us notices pursuant to this Agreement to legal@evari.tech, and such notices we deem received 72 hours after they are sent.

Force Majeure

Neither of us is liable for delays or failures (except paying fees) if something happens that is beyond their control, like wars or natural disasters. The affected side must try to reduce the impact and tell the other quickly, and will get extra time to meet obligations as needed.

No delay, failure, or default, other than a failure to pay Fees when due, will constitute a breach of this Agreement and neither You or Us will be liable for any delay, failure or default (other than to pay fees) to the extent caused by acts of war, terrorism, hurricanes, earthquakes, fire, flood, epidemics, other acts of God or of nature, or other causes beyond the performing party's reasonable control.

Assignment & Successors

You can't transfer this agreement to anyone else unless we agree and if you try to it won't be valid. We can transfer the agreement without asking or telling you.

You may not assign, delegate or otherwise transfer this Agreement or any of its rights or obligations without Our express written consent. Any purported transfer without such consent will be void. We may assign, delegate or otherwise transfer this Agreement or any of its rights or obligations without notice or consent.

No Third-Party Beneficiaries

Except where you provide an indemnity in this agreement, the rights in this agreement are only between you and us. Others can't make claims under it.

Except under clause 25 (Indemnification) this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party of this Agreement.

Severability

If one part of this agreement isn't enforceable, the other parts still are.

To the extent permitted by applicable law, in the event that a part of this Agreement is held to be invalid or otherwise unenforceable, such part will be interpreted to fulfil its intended purpose to the maximum extent permitted by applicable law, and the remaining parts of this Agreement will continue in full force and effect.

No Waiver

If either of us does not immediately enforce a right under this agreement, it doesn't mean we are giving up. Rights can only be waived if agreed in writing by an authorised representative.

Neither You nor We are deemed to have waived any rights under this Agreement by lapse of time or by any statement or representation other than by an authorised representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach.

Choice of Law

The laws of England apply.

This Agreement and all claims or disputes arising out of or related to it or its subject matter, including the formation, construction, validity and performance and all non-contractual obligations will be governed solely by the laws of England.

Jurisdiction

Legal disputes are dealt with by English courts.

The parties irrevocably consent to the exclusive jurisdiction and venue of the courts of England. This clause governs all claims and disputes arising out of or related to this Agreement and its subject matter including without limitation non-contractual and tort claims.

Entire Agreement

Anything we've discussed or agreed on before is replaced by this document (plus the DPA, Security Addendum, AUP) and nothing else like orders, forms or other counts.

This Agreement together with all incorporated documents by reference, sets out the entire agreement between You and Us and supersedes all prior or contemporaneous, negotiations, proposals, representations, understandings and discussions (whether written, oral or otherwise) with respect to its subject matter.

31. Amendments

Notice

We can update this agreement and our policies any time and we will post on our website or notify you directly. Significant changes we will tell you 30 days before, unless changes are due to legal or regulatory requirements, in which case, they take effect as stated in the notice.

We may amend this Agreement (including any policies) on a going-forward basis from time to time in our sole discretion. We will post an amended version at our Website or by otherwise notifying You. Where the amendments are material, We will send You a written notice. Such amendment will be deemed accepted and become effective on the date set out in the amended version which will be at least 30 days after such notice.

Deemed Acceptance

By using Evari after changes, you agree to them. If you don't agree, cancel. See fees section for refunds.

Your continued use of Evari or Our Content following the amendment date will confirm Your agreement to the amended version. If You do not agree to the amended version, You and all Users must stop using Evari and Our Content immediately. Your sole and exclusive remedy is to cancel this Agreement and Your Account.

Privacy Policy, Security Addendum and AUP changes

We can update the Privacy Policy, Security Addendum, and Acceptable Use Policy (AUP) by posting a new version on our website, which takes effect immediately. If the changes significantly reduce your rights or protections, we'll follow the notice and consent rules outlined above.

We may revise the Privacy Policy, Security Addendum and AUP at any time by posting a new version at the Website, and such new version will become effective on the date it is posted; provided if such amendment materially reduces Your rights or protections, notice and consent will be subject to the requirements above.

Contact Information:

Evari Services UK Ltd
128 City Road
London EC1V 2NX
United Kingdom

Email: legal@evari.tech

Privacy Policy

Last Updated: January 15, 2025

This Privacy Policy explains how evari.tech collects, uses, and protects your personal information when you use our AI agent platform and services.

1. Information We Collect
2. How We Use Your Information
3. Data Sharing and Disclosure
4. Data Security
5. Data Retention
6. Your Rights
7. International Transfers
8. Cookies and Tracking
9. Contact Forms and Website Data
10. Children's Privacy
11. Changes to This Policy
12. Contact Us

1. Information We Collect

Account Information

When you create an account, we collect:

Name and email address
Company information (if applicable)
Account preferences and settings

Service Content

We process the data you submit to our platform to provide our AI agent services. This may include:

Text, documents, and files you upload
Configurations and workflow data
Integration data from connected services

Important: We do not use your Service Content to train our AI models or share it with third parties except as necessary to provide our services.

Usage Information

We automatically collect information about how you use our services:

Log data and API usage
Feature usage and performance metrics
Device and browser information
IP addresses (anonymized where possible)

Technical and Metadata Information

When you use Evari, we automatically collect:

Session information (session duration, authentication tokens)
Error messages and system performance data
Timestamp data for all platform interactions

2. How We Use Your Information

We use your information to:

Provide our services: Process your requests, run AI agents, and deliver platform functionality
Account management: Create and maintain your account, provide customer support
Service improvement: Analyze usage patterns to improve our platform and develop new features
Communication: Send service updates, security notices, and support messages
Legal compliance: Meet our legal obligations and protect our rights
Security monitoring: Detect and prevent fraud, abuse, and security threats

We process your personal data based on legitimate interests, contractual necessity, or your consent, depending on the specific use case.

4. Data Security

We implement comprehensive security measures to protect your data:

Technical Safeguards

Encryption in transit (TLS 1.2+) and at rest (AES-256)
Regular security assessments and monitoring
Access controls and authentication
Secure development practices

Compliance

Our security practices align with industry standards including:

ISO 27001 certification
GDPR compliance
SOC 2 Type 2 (in progress)

While we implement strong security measures, no system is 100% secure. We encourage you to use strong passwords and keep your account credentials safe.

5. Data Retention

We retain your data for as long as necessary to provide our services, comply with legal obligations, and resolve disputes.

Retention Periods

Data Type	Retention Period	Purpose
Service Content	Until you delete or cancel account + 48 hours	User control; brief retention for backup
Account Data (email, name, etc.)	Until account deletion + 30 days	Business records, support history
Usage Analytics	14 months (Google) / 2 years (Evari logs)	Service improvement, compliance
Security/Access Logs	Up to 2 years (90 days post-termination for incident investigation)	Security, fraud prevention
IP Addresses	90 days (in logs)	DDoS protection, abuse prevention
Contact Form Submissions	3 years	Business records, support history, CRM
Payment/Billing Records	6 years	Tax/legal compliance (UK requirement)
De-Identified Data	Indefinite	Analytics, service improvement

Legal Holds: We may retain data longer if required by law, regulatory request, or active litigation.

Early Deletion: You can request deletion of your data at any time (except where we're legally required to retain it). Contact privacy@evari.tech.

6. Your Rights

Depending on your location, you may have the following rights:

GDPR Rights (EU/UK Users)

Access: Request a copy of your personal data
Rectification: Correct inaccurate personal data
Erasure: Request deletion of your personal data
Portability: Receive your data in a portable format
Objection: Object to processing based on legitimate interests
Restriction: Restrict certain processing activities

California Privacy Rights

California residents have additional rights under the CCPA, including the right to know about data collection and the right to opt-out of data sales (though we don't sell personal data).

How to Exercise Your Rights

To request any of these rights, please contact us at privacy@evari.tech:

Include your name and account email address
Specify the right you're requesting (access, deletion, portability, etc.)
We will respond within 30 days (45 days under GDPR for complex requests)
Requests are free unless excessive or unfounded

Complaint Rights: EU/UK users may lodge a complaint with your supervisory authority:

UK: ICO (Information Commissioner's Office)
EU: EDPB Member Authorities

7. International Transfers

Your data may be transferred to and processed in countries other than where you reside, including the UK and Australia. When we transfer data internationally, we implement appropriate safeguards including Standard Contractual Clauses as described in our Data Processing Addendum.

8. Cookies and Tracking

We use cookies and similar technologies to:

Keep you signed in
Remember your preferences
Analyze usage patterns
Improve our services

Cookie Categories

A. Essential/Functional Cookies

These cookies are necessary for the Service to function and cannot be disabled:

Session Cookies: Maintain your login session and user preferences (expires on browser close)
Security Cookies: Prevent fraud and malicious access (typically expire after 12 months)
CSRF Tokens: Protect against cross-site attacks (session-based)
Region Selection: Remember your chosen data processing region (expires 1 year)

B. Analytics Cookies (Requires Consent)

We use analytics to understand how users interact with Evari and improve our Service:

Google Analytics 4:
- Collects: Pages visited, time spent, click patterns, device type, browser, IP address (anonymized)
- Purpose: Service improvement, feature usage analysis, performance monitoring
- Retention: 14 months (Google's default)
- Provider: Google Ireland Limited
- Privacy: Google Privacy Policy
Google Tag Manager:
- Purpose: Manages analytics and tracking pixel deployment
- Retention: Depends on configured tags
- Provider: Google

C. Marketing/Advertising Cookies (Requires Consent)

These cookies track engagement for marketing purposes. You can opt-out of interest-based advertising at any time through your browser settings or industry opt-out tools.

Cookie Consent Management

When you visit evari.tech, our cookie consent banner displays with the following options:

Accept All: Enables all cookies except those requiring explicit opt-in
Reject Non-Essential: Disables analytics and marketing cookies; essential cookies remain enabled
Manage Preferences: Allows granular control over each cookie category

Your consent is stored for 12 months. You can withdraw consent at any time by accessing your cookie settings.

External Resources

Google Fonts: Our website loads font files from Google's CDN. This may result in your IP address being logged by Google for analytics purposes. See Google's privacy policy.

Browser Cookie Controls

You can manage cookies directly in your browser settings.

9. Contact Forms and Website Data

Contact Form Data

When you submit our contact form, we collect:

Name and email address
Company/organization name (optional)
Phone number (optional)
Message content

Purpose and Retention

Purpose: To respond to your inquiry, provide support, and follow up on sales/partnership opportunities.

Processing Location: Contact data is processed in the UK on Google Cloud Platform (GCP).

Retention: Contact inquiries are retained for 3 years to maintain business records, then securely deleted. You can request earlier deletion.

Sharing

Contact information may be shared with relevant Evari team members (sales, support, product) but is not shared with third parties without your consent, except as required by law.

Website Infrastructure

Our website is hosted on Google Cloud Platform (GCP) in the UK. Website analytics and visitor data are processed according to this Privacy Policy.

10. Children's Privacy

Our services are not intended for children under 13 (or 16 in the EEA/UK). We do not knowingly collect personal information from children under these ages. If we become aware that we have collected such information, we will take steps to delete it promptly.

If you are a parent/guardian: If you believe we have collected data from a child under 13/16, please contact privacy@evari.tech immediately.

11. Changes to This Policy

We may update this Privacy Policy from time to time. We'll notify you of material changes by:

Posting the updated policy on our website
Sending an email notification
Providing in-app notifications

Your continued use of our services after changes become effective constitutes acceptance of the updated policy.

12. Contact Us

If you have questions about this Privacy Policy or our data practices, please contact us:

Email: privacy@evari.tech

Address:
Evari Services UK Ltd
128 City Road
London EC1V 2NX
United Kingdom

Acceptable Use Policy

Last Updated: January 15, 2025

Welcome to Evari! We want to make sure everyone has a great experience. This Acceptable Use Policy (AUP) explains what You as a User can and can't do while using Evari.

1. Prohibited Activities
2. Enforcement
3. Reporting Problems
4. Changes to This Policy
5. Questions

1. Prohibited Activities

You agree not to (and shall not permit Users or other third parties to) use Evari or do anything in connection with Evari:

1.1 To Be Disrespectful

Harass, threaten, or abuse anyone
Spread hate speech or discriminatory content
Post anything offensive, defamatory, or harmful
Share unconfirmed or false information to prevent the spread of misinformation

1.2 For Anything Illegal

Violating any laws, regulations, or rights of others
Engaging in fraud, phishing, or other deceptive practices
Uploading, storing, making available or sharing content that is illegal, threatening, fraudulent or which infringes on someone else's rights including intellectual property (like copying movies, music, or software without permission) or privacy rights

1.3 Compromise Security

Hack, disrupt, or tamper with Evari or other Users' data
Share your login details with others or let anyone else use Your Account
Introduce viruses, malware, or any harmful software or malicious code that could damage Evari or other Users' data
Perform any security penetration tests or security assessment activities
Make network connections to any Users, hosts or networks unless Customer has permission to communicate with them, including to perform any denial of service or distributed denial of service attacks
Breach the security or integrity of any network, computer or communications system, software application, or network or computing device, including to attempt to or perform account takeovers by brute-force attacks or other means

1.4 Other Than for Fair Use

Using more resources than your Plan allows. That means sticking to your limits including for data streaming, storage, and processing power
Using Evari in a way that could impact other Users' experience (like causing heavy traffic or disruptions)
Allow use or make Evari available to anyone other than its Users as explicitly set out in the Agreement
Using any means to avoid or circumvent any use limitations placed on Evari (such as access and storage restrictions) or to bypass any paywalls

1.5 To Spam

Send spam, junk mail, or unauthorised promotions
Send unsolicited messages or other communications to Users or third parties, including using an unauthorised email account

1.6 Disrespect Privacy

Collect or share Personal Data without permission
Track or monitor anyone's use without their consent

1.7 Exceed Your Rights

Only use Evari as authorised by your subscription Plan
Reverse-engineer, decompile, or try to copy our software, unless it's allowed by law
Perform any benchmarking against any competitive products or services or any other competitive purpose
Breach respect for copyright and intellectual property by using content that isn't your own without permission

1.8 To Transmit Unauthorised Content

Protected Health Information (as defined under HIPAA) into Evari
Cardholder or sensitive authentication data (as defined in the PCI DSS standards)

2. Enforcement

What Happens if You Break the Rules?

If you violate this policy, We may:

Suspend or terminate Your access to and use of Evari and delete your Account
Remove any Customer Data
Contact law enforcement if illegal activities are involved
Take other steps to protect Evari and other Users

3. Reporting Problems

If you spot someone breaking these rules, let us know. Report any breaches by contacting legal@evari.tech. We'll look into it and take the necessary action.

Email: legal@evari.tech

4. Changes to This Policy

We may update this policy from time to time to keep things up to date. If We make any significant changes, we'll let you know, but it's always a good idea to check in occasionally. Any changes will be effective when posted on our Website.

5. Questions

If you have any questions or need clarification on anything in this policy, feel free to reach out to us.

Email: support@evari.tech

Security Addendum

Last Updated: January 15, 2025

This Security Addendum describes the security measures and practices We maintain to protect the confidentiality, integrity, and availability of Your data when using the Service. Our security program is based on ISO 27001 standards and regularly audited by independent third parties.

This Security Addendum is incorporated into the Agreement between Us and You. Capitalized terms not defined herein have the meanings set forth in the Agreement.

We use third-party cloud service providers ("Infrastructure Providers") to supply the underlying infrastructure for the Service. While We carefully select Infrastructure Providers based on their security capabilities and certifications, they independently manage physical data centers and foundational infrastructure security. We implement our own security controls for the Service layer, including application security, access management, encryption, and monitoring.

1. Security Governance
2. Technical Security Controls
3. Vulnerability & Patch Management
4. Incident Management & Response
5. Business Continuity & Data Resilience
6. Data Location & Retention
7. Infrastructure Details
8. Shared Security Responsibilities
9. Compliance & Regulatory Requirements
10. Security Transparency

1. Security Governance

Information Security Management System

We maintain a comprehensive Information Security Management System (ISMS) consistent with ISO 27001:2013 and ISO 27002:2022 standards. The ISMS includes documented security policies, procedures, and controls designed to:

Safeguard the confidentiality, integrity, and availability of Service Content
Protect information systems from security threats
Ensure appropriate vetting of suppliers and partners
Verify the effectiveness of security controls

Policy Management

Each security policy has a designated owner responsible for its maintenance and compliance. Policies are reviewed at least annually and updated as necessary to address evolving threats and business requirements. Personnel are required to acknowledge and comply with applicable security policies.

We regularly review and update our security practices to align with evolving industry standards and emerging threats. We will notify You of material changes that affect Your use of the Service.

Personnel Security

Personnel undergo background screening to the extent permitted by applicable law and sign confidentiality agreements as a condition of employment. All personnel receive security awareness training and are required to comply with security policies. Violations may result in disciplinary action up to and including termination.

Independent Audits & Certifications

We engage independent third-party auditors to assess our security controls on at least an annual basis. We maintain certifications and compliance with recognized security frameworks including ISO 27001:2022, ISO 27002:2022, and ISO 27017:2015.

2. Technical Security Controls

Infrastructure Security

We maintain separate environments for production, development, and testing with strict segregation between them. Production systems are protected using a multi-layered security strategy including firewalls, network access controls, and traffic filtering based on region, IP range, and security rules.

The Service is hosted in secure, tier-appropriate data centers operated by our Infrastructure Providers. These facilities maintain industry-standard physical security controls including 24/7 monitoring, access controls, environmental controls, fire suppression, and redundant power systems.

Data Encryption

All data transmitted to and from the Service is encrypted using Transport Layer Security (TLS) version 1.2 or higher. Data at rest is encrypted using AES-256 encryption or equivalent. Encryption keys are managed in accordance with industry best practices and stored separately from encrypted data.

You are solely responsible for the security, backup, and availability of Recovery Keys that are provided in case You lose access to Your Account.

Access Controls

We implement role-based access controls following the principle of least privilege. Access to production systems is restricted to authorized personnel based on job function and business need. Personnel with access to production systems are required to use:

Unique user credentials
Multi-factor authentication (MFA)
VPN connections for remote access
Passwords meeting PCI-DSS complexity requirements

Access rights are reviewed at least quarterly, and access is promptly revoked upon personnel offboarding. All access credentials and devices are recovered and securely wiped during the offboarding process.

Endpoint Security

Personnel devices are provisioned with security controls including full disk encryption, malware protection, automatic patching, DNS filtering, and restrictions on software installation. Devices are centrally managed and monitored for security compliance.

Security Monitoring & Logging

The Service generates audit logs that capture system events, user activities, errors, and performance metrics. Logs are stored as encrypted Service Content. Logs are used for security monitoring, incident detection, troubleshooting, and system optimization.

3. Vulnerability & Patch Management

Vulnerability Management Program

We maintain a vulnerability management program that identifies, assesses, and remediates security vulnerabilities through multiple sources including:

Automated security scanning and code analysis
Third-party security advisories (NCSC, CVSS, NPM, GitHub)
External penetration testing by CREST-certified testers (at least annually)
Responsible disclosure reports from security researchers
Vendor security bulletins

We follow a Secure Development Policy incorporating industry best practices throughout the software development lifecycle to prevent vulnerabilities from entering production code.

Vulnerability Remediation

Vulnerabilities are prioritized using the Common Vulnerability Scoring System (CVSS) from the National Vulnerability Database. Confirmed vulnerabilities affecting the confidentiality, integrity, or availability of the Service or Service Content are tracked and remediated based on severity and the nature of the vulnerability, availability of patches, and potential impact to Service operations.

4. Incident Management & Response

Security Incident Response

We maintain a documented incident response plan with defined procedures, roles, communication protocols, and severity levels for managing security incidents.

If We become aware of a security incident resulting in unauthorized access to, disclosure of, or loss of Your Service Content, We will notify You within 72 hours of confirming the incident. Notification will include information about the nature of the incident, affected data (to the extent known), mitigation measures taken, and a point of contact for additional information.

Upon detection of a security incident, We will promptly investigate, contain, and remediate the incident. Relevant logs will be preserved for at least one year to support investigation and remediation activities. We will provide You with reasonable assistance in Your investigation and remediation efforts, subject to technical and legal constraints.

Cyber Insurance

We maintain cyber security insurance coverage appropriate to our business operations.

5. Business Continuity & Data Resilience

Business Continuity Planning

We maintain Business Continuity and Disaster Recovery (BCDR) plans aligned with ISO 22301 and ISO 27035 standards. These plans are designed to prepare for, respond to, and recover from potential disruptions while minimizing impact on Service availability and customer operations. Plans are regularly reviewed and tested to address emerging threats and changes in business operations.

Data Resilience & Backup

Service Content is automatically replicated across a minimum of three nodes within our infrastructure for redundancy and disaster recovery purposes. This replication protects against infrastructure and hardware failures and provides operational resilience. You are responsible for maintaining additional backups if required for Your specific compliance, regulatory, or business continuity requirements.

Risk Management

We maintain a risk management program based on ISO 31000 standards. Risk assessments are conducted regularly through internal reviews, audits, third-party assessments, and threat analyses. Senior management actively participates in risk oversight and approves risk mitigation strategies and control improvements.

6. Data Location & Retention

Data Location and Region Selection

Service Content is stored on Google Cloud Platform (GCP) infrastructure. You can select your data processing region at account setup:

🇬🇧 United Kingdom (europe-west2) - Default and primary region
🇦🇺 Australia (australia-southeast1) - Secondary region option
Additional regions - Coming soon as demand requires

Your selection determines where your Service Content is encrypted, stored, and processed. Data stays within your chosen region unless you modify this selection.

Data Retention & Deletion

Upon Your request or termination of the Agreement, Service Content will be deleted within 48 hours. De-identified performance and analytical data may be retained indefinitely for service improvement purposes.

Security-related data including access logs and security configurations may be retained for up to 90 days after termination where necessary to investigate active security incidents. Account and contact information will be retained for up to six years for legal and business purposes unless You request earlier deletion.

7. Infrastructure Details

Website & Marketing (evari.tech domain)

Hosting Infrastructure: Google Cloud Platform (GCP)
Compute & Storage: GCP Compute Engine, Cloud Storage
Region: United Kingdom (europe-west2)
Data Types: Website content, contact form submissions, analytics
Retention: Contact form data retained for 3 years; analytics data per Privacy Policy

Evari Core Platform Service

Infrastructure Provider: Amazon Web Services (AWS)
Compute & Storage: AWS EC2, S3, RDS, and other managed services
Storage Regions (User Selection):
- 🇬🇧 United Kingdom (eu-west-2)
- 🇦🇺 Australia (ap-southeast-2)
Data Types: Account Data, Service Content, Usage Analytics
Encryption: AES-256 at rest; TLS 1.2+ in transit
AWS Data Processing Addendum: Available here

Evari QuivaWorks Implementation

Infrastructure Provider: Google Cloud Platform (GCP)
Compute & Storage: GCP Compute Engine, Cloud Storage, BigQuery
Storage Region: Your selected GCP region (UK or Australia)
Data Types: Workflow execution, agent interactions, processing logs
Additional Details: See QuivaWorks Trust Centre

Third-Party LLM Providers

Anthropic (Claude): Used for AI assistance features and agent workflows (when selected)
- Data Types: Prompts, inputs, outputs
- Retention: Per Anthropic's policy (typically 30 days)
- Privacy: Anthropic Privacy Policy
- Sub-processor Status: Listed in Trust Centre
Other AI Providers: You can configure additional providers via integrations; data processed per their terms

Important: Service Content is encrypted with keys that only You hold. Infrastructure Providers cannot access the content of your data, only metadata about storage and system performance.

8. Shared Security Responsibilities

Security of the Service is a shared responsibility between Us and You.

We are responsible for security OF the Service, including:

Infrastructure and network security
Application security and secure development practices
Physical security of data centers (through Infrastructure Providers)
Security monitoring and incident response for Service systems
Encryption of data at rest and in transit

You are responsible for security IN the Service, including:

Managing user accounts, roles, and access permissions
Securing and protecting user credentials
Configuring security settings appropriate to Your data sensitivity
Monitoring account activity and reporting suspicious behavior promptly
Managing and protecting Recovery Keys
Maintaining additional backups as required for Your compliance needs
Ensuring Your use of the Service complies with applicable laws and regulations

We do not access, monitor, or assess the content of Your Service Content. You are solely responsible for the accuracy, legality, and appropriateness of data You store in the Service.

You must promptly report any suspected security issues or compromised credentials by submitting a support ticket.

9. Compliance & Regulatory Requirements

Our security practices are designed to support customer compliance with common regulatory frameworks including GDPR, Australian Privacy Act, and other applicable data protection laws in jurisdictions where We operate.

We undergo regular independent audits and maintain relevant security certifications. Current compliance documentation, certifications, and audit reports are available to customers under NDA upon request.

You are responsible for determining whether the Service meets Your specific regulatory and compliance requirements. We recommend You review our security documentation and conduct Your own assessment before storing regulated data in the Service.

10. Security Transparency

We maintain transparency about our security practices and encourage responsible security research. We participate in coordinated vulnerability disclosure programs and work with the security research community to continuously improve our security posture.

Questions about our security practices should be directed to security@evari.tech.

Data Processing Addendum

Effective Date: January 23, 2026

This Data Processing Addendum (\"DPA\") forms part of the Evari Subscription Agreement (the \"Agreement\") between Evari Services UK Limited and its Affiliates (\"We\", \"we\", \"us\", \"our\") and the customer identified in the Agreement (\"Customer\", \"You\", \"Your\").

1. Definitions and Interpretation
2. Scope and Applicability
3. Processing of Personal Data
4. Sub-processors
5. Security
6. Data Subject Rights
7. Data Return and Deletion
8. Audits
9. International Data Transfers
10. US State Privacy Laws
11. Prohibited Data
12. AI and Automated Processing
13. Limitation of Liability
14. General Provisions

1. Definitions and Interpretation

1.1 Capitalized Terms

Capitalized terms not defined in this DPA have the meanings in the Agreement.

1.2 Defined Terms

The following terms shall have these meanings:

Applicable Data Protection Laws: All applicable data protection and privacy laws, including GDPR, UK GDPR, and US State Privacy Laws.
Controller, Processor, Data Subject, Personal Data, and Processing: Have the meanings given in Applicable Data Protection Laws.
GDPR: Regulation (EU) 2016/679.
Standard Contractual Clauses or SCCs: The EU Commission's standard contractual clauses for international data transfers (Decision 2021/914, June 4, 2021).
Sub-processor: Any third party engaged by We to Process Personal Data.
UK GDPR: The GDPR as retained in UK law.
US State Privacy Laws: Applicable US state privacy laws including CCPA/CPRA.

1.3 References

References to Clauses, Sections, and Schedules are to clauses and sections of, and schedules to, this DPA unless otherwise stated.

2. Scope and Applicability

2.1 When This DPA Applies

This DPA applies only to Personal Data that We Processes as a Processor on behalf of Customer as part of Service Content and AI Assistance Content (as defined in the Agreement).

2.2 Data Categories and Controller/Processor Roles

(a) Service Content: We act as Processor. Service Content is encrypted and We do not have access to Service Content except where You explicitly grant temporary access for Support Services or share information through support requests.

(b) AI Assistance Content: We act as Processor. AI Assistance Content is protected with the same safeguards as Service Content. We do not have access to AI Assistance Content except when You submit information through AI Assistance Features (for example, when requesting support through these features). Such submissions are made voluntarily by You and constitute documented instructions for Processing.

(c) Excluded from DPA: The following data categories are excluded from this DPA as We act as a Controller (not Processor) for this data under its Privacy Policy:

Account Data (as defined in the Agreement): Root Account information, Secondary User Account information, Billing Information, and login data
Usage Analytics (as defined in the Agreement): Analytics and metadata regarding use of Evari
De-Identified Data: Data that has identifying information removed
Feedback (as defined in the Agreement)
Contact Form Data: Information submitted via contact forms on evari.tech

2.3 Roles

For Personal Data within scope:

You are the Controller (or Processor if acting on behalf of another Controller)
We are the Processor (or Sub-processor where You are yourself a Processor)

2.4 Customer Warranties

You warrant that:

You have the legal right to provide Personal Data to Us for Processing
Your instructions comply with Applicable Data Protection Laws
Where You are a Processor, You have obtained necessary authorizations from the relevant Controller

3. Processing of Personal Data

3.1 Processing Instructions

We shall Process Personal Data only:

In accordance with Your documented instructions via this DPA, the Agreement, and Your use and configuration of the Services; or
As required by applicable law (in which case We shall inform You before Processing, unless legally prohibited).

3.2 Processing Details

The subject matter, duration, nature, purpose, types of Personal Data, and categories of Data Subjects are described in Schedule 1.

3.3 Unlawful Instructions

If We reasonably believe any instruction violates Applicable Data Protection Laws, We shall inform You and may suspend Processing until resolved.

3.4 Compliance

Each party shall comply with its obligations under Applicable Data Protection Laws.

4. Sub-processors

4.1 Authorization

You authorize Us to engage Sub-processors, which currently include:

Our Affiliates
Infrastructure Providers:
- Amazon Web Services (AWS) - for Evari core platform
- Google Cloud Platform (GCP) - for website and QuivaWorks
AI Providers (when selected by You):
- Anthropic (Claude) - for AI assistance features
- Other providers you configure via integrations
Other Third-Party Services as specified in our Trust Centre

4.2 New Sub-processors

We shall provide notice before engaging new Sub-processors via the notification mechanism in the Agreement.

4.3 Objection Rights

You may object to a new Sub-processor on reasonable data protection grounds within fifteen (15) days of notice. If no resolution is reached within thirty (30) days, You may terminate the affected Services.

4.4 Sub-processor Obligations

We shall ensure Sub-processors are bound by equivalent data protection obligations and remain liable for Sub-processor acts or omissions.

5. Security

5.1 Security Measures

We shall implement and maintain appropriate technical and organizational measures as described in the Security Addendum to the Agreement.

5.2 Security Incidents

Upon becoming aware of a Security Incident affecting Personal Data, We shall:

Notify You without undue delay (within 72 hours where feasible)
Provide information reasonably necessary for You to meet Your notification obligations
Investigate and take reasonable remediation measures

5.3 Definition

"Security Incident" means unauthorized or unlawful breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data.

6. Data Subject Rights

6.1 Assistance

We shall, to the extent legally permitted:

Promptly notify You of Data Subject requests received directly
Not respond to such requests without Your authorization (unless legally required)
Provide reasonable assistance to You in responding to requests, taking into account the nature of Processing

6.2 Fees

We may charge reasonable fees for assistance requiring substantial effort beyond normal operations.

7. Data Return and Deletion

7.1 Return or Deletion

Upon termination or expiration of the Agreement, or upon Your written request, We shall (at Your election) either:

Return all Personal Data in a commonly used electronic format; or
Securely delete all Personal Data

7.2 Legal Retention

We may retain Personal Data to the extent and for the period required by law, subject to ongoing confidentiality and security obligations.

7.3 Timeline

Return or deletion shall occur within sixty (60) days unless a longer period is required by law.

8. Audits

8.1 Documentation

Upon Your reasonable written request, and no more than once per year, We shall provide information demonstrating compliance with this DPA, which may include:

Summaries or confirmations of relevant security certifications (such as ISO 27001, or equivalent)
Security and privacy policy summaries
Responses to standard security questionnaires
Other documentation reasonably necessary to demonstrate compliance

8.2 Third Party Audit Reports

Where We have obtained independent third-party audit reports or certifications, We may satisfy our obligations under Section 8.1 by providing summaries of such reports or confirmation of certifications, subject to confidentiality restrictions with auditors.

8.3 Onsite Audits

We are not obligated to permit onsite audits by You except:

(a) Where required by a data protection supervisory authority or other governmental regulatory body in connection with an investigation or inquiry; or
(b) Where We agree in our sole discretion (typically only for enterprise customers with separate negotiated terms).

Any permitted onsite audit under Section 8.3 must:

Be conducted during normal business hours with at least 30 days' prior written notice
Be conducted in a manner that minimizes disruption to Our business operations
Be at Your sole expense (including reimbursement of Our reasonable costs)
Be subject to reasonable confidentiality obligations
Not exceed one audit per year unless required by a supervisory authority

8.4 Right to Terminate

If We cannot or will not provide sufficient evidence of compliance under Sections 8.1-8.2, and refuse to permit an onsite audit requested under Section 8.3(a), You may terminate the affected Services upon 30 days' written notice.

9. International Data Transfers

9.1 Authorization

You authorize transfer of Personal Data to Our Affiliates and Sub-processors in the UK, Australia, and other locations as listed in the Agreement.

9.2 Transfer Mechanisms

Where Personal Data is transferred from the EEA, UK, or Switzerland to countries without an adequacy decision, such transfers shall be governed by:

The Standard Contractual Clauses as set out in Schedule 2 (EU/EEA transfers)
The UK International Data Transfer Addendum to the SCCs (UK transfers)
Modified SCCs for Swiss law (Swiss transfers)

9.3 SCC Incorporation

The SCCs are incorporated by reference into this DPA. By entering into the Agreement, both parties are deemed to have executed the SCCs with the specifications in Schedule 2.

10. US State Privacy Laws

Where Customer's use of the Services involves Personal Data subject to US State Privacy Laws, We shall:

Process Personal Data solely for the business purposes specified in this DPA and the Agreement
Not sell or share Personal Data as defined under such laws
Not retain, use, or disclose Personal Data outside the direct business relationship with Customer
Assist You in responding to consumer rights requests
Provide reasonable certifications of compliance upon request

11. Prohibited Data

11.1 Exclusions

You shall not submit to the Services:

Special category data under GDPR Article 9
Personal Data of children without appropriate consent mechanisms
HIPAA-protected health information
PCI DSS-regulated payment card information
National IDs, Social Security numbers, driver's licenses
Data requiring localization or otherwise prohibited under the Agreement

11.2 No Liability

We have no liability for Prohibited Data submitted by You, and You shall indemnify Us for related claims.

12. AI and Automated Processing

12.1 AI-Powered Features

The Services include AI-powered features and capabilities that may Process Personal Data, including:

AI agents created and configured by You
Our-operated AI assistance features
Integration with third-party AI model providers
Automated workflows and computational processing

12.2 Third-Party AI Model Providers

(a) Customer Selection. You select and configure third-party AI model providers (such as OpenAI, Anthropic, Google) for use with Your AI agents. You acknowledge that:

Processing by third-party AI providers is subject to their respective terms, privacy policies, and data processing agreements
We do not control how third-party AI providers Process Personal Data
You are responsible for ensuring third-party AI providers meet Your obligations under Applicable Data Protection Laws

(b) Data Transfers. When You configure AI agents to use third-party AI model providers, Personal Data (including prompts, inputs, and outputs) will be transmitted to and processed by such providers in accordance with their terms. You authorize such transfers and remain responsible for compliance with international transfer requirements.

12.3 Use of Personal Data for AI

(a) No Training on Customer Data. We do not use Personal Data contained in Service Content to train, improve, or develop Our AI models or machine learning systems, except as explicitly authorized by You in writing.

(b) We-Operated AI Features. For AI features operated by Us (such as Evari support features):

Inputs and outputs are logged in Our systems with indefinite retention
We may use aggregated, de-identified, or anonymized data derived from such features to improve the Services
We will implement reasonable measures to anonymize data before using it for improvement purposes

(c) Third-Party AI Providers. We do not control and are not responsible for how third-party AI model providers use data submitted to them. You should review the data usage policies of any third-party AI providers You choose to use.

12.4 Automated Decision-Making

(a) Customer Control. You determine the purposes and logic of any automated decision-making or profiling conducted through Evari. You are responsible for:

Ensuring compliance with Article 22 GDPR and equivalent provisions under other Applicable Data Protection Laws
Providing required notices to Data Subjects about automated decision-making
Implementing appropriate safeguards, including human oversight where required
Responding to Data Subject requests related to automated decisions

(b) Significant Decisions. Where You use Evari to make decisions that produce legal effects or similarly significantly affect individuals (including decisions regarding employment, creditworthiness, eligibility for services, or other significant matters):

You must ensure such processing complies with all applicable legal requirements
You must implement appropriate human review mechanisms
You are responsible for providing explanations to Data Subjects as required by law

(c) Transparency and Explainability. Upon reasonable request, We will provide You with information about how Evari processes data to assist You in meeting transparency obligations to Data Subjects, taking into account the nature of Evari and Our Confidential Information.

12.5 AI Risk Assessments

Where required by Applicable Data Protection Laws (including CCPA risk assessment requirements for automated decision-making technology), You are responsible for conducting appropriate risk assessments prior to deploying AI Agents or automated processing through Evari.

12.6 Emerging AI Regulations

The parties acknowledge that AI-specific regulations (including the EU AI Act and CCPA automated decision-making requirements) continue to evolve. We may update this Section 12 to address new regulatory requirements, with advance notice to You as provided in Section 14.3.

13. Limitation of Liability

13.1 General Limitation

Each party's liability under this DPA is subject to the limitation of liability provisions in the Agreement.

13.2 Exceptions

Nothing in this DPA limits either party's liability for:

Regulatory fines imposed for violations of Applicable Data Protection Laws
Claims by Data Subjects for violations of their rights
Fraud or willful misconduct

14. General Provisions

14.1 Term

This DPA remains in effect during the Agreement term and continues for obligations that survive termination.

14.2 Order of Precedence

In case of conflict: (1) SCCs; (2) this DPA; (3) the Agreement.

14.3 Amendments

We may update this DPA to reflect changes in Applicable Data Protection Laws or regulatory guidance. Material changes will be notified in advance.

14.4 Governing Law

This DPA is governed by the same law as the Agreement.

14.5 Severability

If any provision is invalid or unenforceable, the remaining provisions continue in full effect.

Schedule 1: Description of Processing

Subject Matter

Processing of Personal Data in connection with the provision of the Evari platform and Services.

Duration

For the term of the Agreement and any retention period required by law or specified in the Agreement.

Nature and Purpose of Processing

We will collect, store, retrieve, use, transmit, and delete Personal Data as necessary to:

Provide the Evari platform and Services to You
Enable You to create, deploy, and manage AI agents and agentic workflows
Process Your uploaded or generated data and content
Execute computations and integrate with third-party services as configured by You
Provide customer support (with Your authorization)

Types of Personal Data

Depends on what You upload or create through the Services, and may include:

Contact information (names, emails, phone numbers, addresses)
Professional information (job titles, company names)
User credentials and authentication data
Content data (any Personal Data in documents, files, messages, or other uploaded content)
Technical data (IP addresses, device information, to the extent they constitute Personal Data)
Any other Personal Data within Your knowledge bases, agent configurations, or workflow data

Categories of Data Subjects

May include:

Your employees and contractors
Your customers and clients
Your business partners
Any other individuals about whom You provide Personal Data

Sensitive Data

You acknowledge the Services are not designed to Process special categories of Personal Data or Prohibited Data as defined in Section 11.

Schedule 2: Standard Contractual Clauses

A. EU/EEA Transfers

Where Personal Data protected by GDPR is transferred to a country without an EU adequacy decision, the Standard Contractual Clauses (Commission Decision 2021/914 of June 4, 2021) apply with the following specifications:

Module Selection:

Module Two (Controller to Processor) where Customer is a Controller
Module Three (Processor to Processor) where Customer is a Processor

Clause Selections:

Clause 7 (Docking): Optional docking clause applies
Clause 9 (Sub-processors): Option 2 applies (general authorization with notification per Section 4)
Clause 11 (Redress): Optional language does not apply
Clause 17 (Governing Law): Laws of the Republic of Ireland
Clause 18 (Forum): Courts of the Republic of Ireland

Annexes:

Annex I: Parties per Agreement; Description per Schedule 1; Sub-processors per Agreement Clause 5.1
Annex II: Security Addendum to the Agreement
Annex III: Sub-processor list per Agreement Clause 5.1

Audit Rights: Exercised per Section 8 of this DPA.

B. UK Transfers

For UK GDPR-protected data transferred to countries without a UK adequacy decision, the UK International Data Transfer Addendum (IDTA version B1.0, effective March 21, 2022) applies, appended to the EU SCCs above.

Tables:

Table 1 (Parties): Per Agreement
Table 2 (SCCs Version): EU SCCs (June 4, 2021), Module Two or Three as applicable
Table 3 (Annexes): As specified in Section A above
Table 4 (Ending): Both parties may end the arrangement

C. Swiss Transfers

For Swiss transfers, the EU SCCs apply with these modifications:

"GDPR" includes the Swiss Federal Act on Data Protection
"Member State" includes Switzerland
Competent supervisory authority: Swiss Federal Data Protection and Information Commissioner
Clause 17 governed by Swiss law; Clause 18 provides jurisdiction to Swiss courts

Acceptance and Contact Information

By entering into the Agreement or continuing to use the Services, You agree to this DPA.

Contact for Data Protection Matters:

Email: support@evari.tech

Evari Services UK Limited

This DPA is pre-signed on behalf of Evari Services UK Limited and its Affiliates.

Legal Documents

Terms and Conditions

Table of Contents

1. Who

2. When

3. What

4. Definitions

Key Definitions

5. Customer Warranties

Individual

Entity

Prohibited Persons

6. Use

Intended Use

Access and Use Grant

Revisions

Usage Limits

Support

7. Accounts

Root Account

Secondary Accounts

Log-in Credentials

Your Liability for Accounts

8. Cloud Hosting Infrastructure

Infrastructure Providers

Encryption

9. Plans

Plan

Automatic Renewal

Plan Downgrades

Plan Upgrades

10. Additional Users

11. Usage Credits

Method of Payment for Add Ons

Included Usage Credits - Free Plans

Included Usage Credits - Paid Plans

Purchase of Additional Usage Credits

12. Payment

Fees

Billing

Method of Payment

Payment Processors

Refunds and Cancellation

Taxes

Interest

Late or Non-Payment

13. The Don'ts – Use Restrictions

Only Use as per this Agreement

Use which is not allowed

14. Your Responsibilities

Comply with Laws

Acceptable Use

Service Content and AI Assistance Content

Recovery Key Management

Unauthorised Access

AI Agents

15. Third Party Services

16. Data

General

No Access to Service Content

Limited Access to AI Assistance Content

Customer Managed

Excluded Data

Excluded Data Warranty

Storage Region

Account Data and Usage Analytics

De-Identified Data

17. Privacy

General

DPA

Safeguards

Access to and Limited Use of Personal Data

Risk of Exposure

18. Security Incidents

Our Responsibilities

Your Responsibilities

Your Security Incident Response Obligations

19. Our AI Assistance Features

Ownership

Training