Term of Use for the Evolute App

Note: This article is provided as a courtesy. It has been automatically translated using software and may not have been proofread. The German language version is considered the official version and you can find the most up-to-date information there. You can access it here.

Welcome to Evolute!

These Terms of Use govern your use of Evolute and provide information about the Evolute service below.

1. Scope of Application

These Terms of Use apply to users of the Evolute App as an open feedback platform.

2. Contracting Party

These Terms of Use constitute an agreement between you and Evolute CX GmbH („Evolute“).

Address: Evolute CX GmbH, Speditionstraße 15a, 40221 Düsseldorf, Germany
E-mail: hallo@evolute.app

3. Obligations/Community Rules

3.1

You can use Evolute if you

3.1.1

are over 16 years old and

3.1.2

work in crafting.

3.2

Your obligations

3.2.1

You adhere to the normal forms of politeness. Insults, slander, profanity or exaggeration are prohibited.

3.2.2

You use a factual tone in relation to product feedback and refrain from exaggerations.

3.2.3

You must not do anything illegal, misleading, or fraudulent or do anything for any illegal or unauthorized purpose.

3.2.4

You must not do anything that interferes with or impairs the intended operation of the service.

3.2.5

You must not attempt to create accounts or access or collect information in an unauthorized manner. This includes creating accounts or collecting information in an automated manner without permission.

3.2.6

You must not post private or confidential information or do anything that infringes on the rights of a third party, including intellectual property rights.

3.2.7

You must not use any content protected by law (e.g., by copyright, trademark, patent, design, or utility model law) unless you are entitled to do so.

3.2.8

You must not use the Evolute App in violation of any applicable law or for any purpose that is inconsistent with any applicable law.

3.2.9

You must not copy the Evolute App to your mobile device for any purpose other than to run the Evolute App, except to create a backup copy to be used solely as a backup and to be kept by you in a secure location not accessible to third parties.

3.2.10

You may not rent or sell the Evolute App to any third party, sublicense the App to any third party, or make the Evolute App features or services available to any third party.

3.2.11

You must not reverse engineer, decompile, edit, or create derivative works of the Evolute App. Your rights under § 69d (3) and § 69e UrhG remain unaffected.

3.2.12

You must not distribute, transmit or upload any viruses to the Evolute App or other malicious software that prevents, restricts, or interferes with other users‘ access to the Evolute App or disables, restricts or impairs the functionality of the Evolute App.

3.2.13

You must not circumvent, disable, or otherwise interfere with any safeguards on the Evolute App that are designed to prevent or restrict unauthorized use or copy any content on the Evolute App.

3.2.14

You must not attempt to access the Evolute App other than by using the Evolute App or another platform provided by the provider.

3.3

In the event of breach of usage rules in sections 3.1 and 3.2, Evolute may exclude you from using the Evolute App without notice.

4. Services of Evolute

4.1

Evolute provides a smartphone app („Evolute App“) through which you can

4.1.1

easily create and publish posts (application questions, product feedbacks),

4.1.2

get a response to your posts from industry partners,

4.1.3

comment or „upvote“ posts from others, and

4.1.4

see posts and comments from others and the response from industry partners.

4.2

Evolute will forward your posts to the manufacturers („industry partners“). Industry partners will generally respond to your submissions within 5 business days.

4.3

Content editing is maintained by Evolute. Evolute moderates posts, in particular to ensure that the community rules according to section 3.2 are adhered to.

5. Costs

The use of the Evolute App is free of charge for craftsmen.

6. Content Usage Rights

6.1

Evolute is a platform that thrives on information being shared, published, processed in terms of data, and reused in terms of content. For this to work, you, as the creator of the content you share/post, give usage rights to Evolute – while remaining creator and owner.

6.2

When you share, post or upload content protected by intellectual property rights (such as text, photos, or videos) on or in connection with our service, you grant Evolute a non-exclusive, transferable, sublicensable, non-territorial and non-permanent license to host, use, distribute, modify, perform, copy, publicly perform or display and translate your content so that we can make the Evolute service available.

6.3

The Contents and ideas within the Platform can be used by industry partners to improve their products, services, and serve as information.

7. Advertising Rights

7.1

In addition to the usage rights granted under section 6, Evolute is granted the right to use your content so that Evolute can use the posted content for its own advertising purposes. By own advertising purposes it is meant that Evolute can use the content to advertise its own platform service Evolute. For these advertising purposes, Evolute is entitled, by granting the rights of use, to publish the content on its own website or to transfer it to third-party providers, such as social networks, and to embed the posted content there.

7.2

The granting of the right of use for own advertising purposes also includes the right to use only excerpts of the content or to combine or link them with the content of other users.

8. Liability

8.1

Evolute shall be liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health by Evolute, its legal representatives, or vicarious agents and under the Product Liability Act.

8.2

Evolute shall only be liable for slight negligence if a material contractual obligation has been breached by Evolute, its legal representatives or executives or vicarious agents. Evolute shall only be liable for foreseeable damage, the occurrence of which must be expected. Material contractual obligations are obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which you can rely.

8.3

In all other respects, Evolute’s liability is excluded.

9. Exemption

9.1

You warrant that no rights of third parties are infringed when using the Evolute App.

9.2

You must indemnify Evolute upon first request against all claims by third parties if and to the extent that such claims are based on your failure to comply with the contractual obligations. The same applies to the legal costs incurred in connection with the defense against such claims, i.e., the actual legal fees and court costs incurred as well as other costs associated with the litigation.

10. Changes and Additions to the Terms of Use

Evolute reserves the right to change or amend the Terms of Use. Evolute will inform you of any changes or amendments. Amendments and supplements shall be deemed to have been accepted by you unless you object in writing within four weeks of being informed. Evolute will point out the consequences of silence in the notification of the change or addition to the Terms of Use. If you do not agree to the changes or amendments, Evolute may exclude you from using the Evolute App without notice, provided that further use by you is unreasonable for Evolute under consideration of all circumstances. In the event of mandatory changes or amendments to the Terms of Use required by applicable law or court or official order, the period may also be shorter.

11. Final Provisions

11.1

Any deviating or supplementary terms and conditions of business/use of you shall not be recognized and shall therefore not form part of the contract, even if Evolute does not object to them. Even if Evolute refers to a letter that contains or refers to third-party terms and conditions, this shall not constitute an agreement to the validity of those terms and conditions. Only if Evolute expressly agrees in writing to the validity of other terms and conditions of business/use these apply.

11.2

There must be no verbal or written collateral agreements to the Terms of Use. Amendments to the Terms of Use must be made in writing.

11.3

The place of performance for all obligations arising directly or indirectly from these Terms of Use is the registered office of Evolute.

11.4

You are only entitled to offset and withhold payment based on undisputed or legally established claims arising from and in connection with the Terms of Use.

11.5

You require the prior written consent of Evolute for any assignment of your rights under the Terms of Use.

11.6

The Terms of Use must be governed by and construed in accordance with the laws of the Federal Republic of Germany as applicable between parties with their place of business in Germany, except for the UN Sales Convention, which does not apply.

11.7

The exclusive place of jurisdiction is – as far as legally permissible – Düsseldorf.

11.8

Should individual provisions of the Terms of Use be invalid or unenforceable or become invalid or unenforceable after conclusion, this must not affect the validity of the remaining Terms of Use. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective.