Terms of Service (“Terms”)

Last updated: June 7, 2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using our services, including the Evertel mobile application (the “Service”/”Our Services”) operated by Evertel Technologies, LLC (“Us”, “We”, or “Our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

The Parties

You may be a Customer or a User.  Customers are organizations or third parties that have contracted with Us to provide a workroom or workgroup.  Users are parties that our Customers have authorized or validated to access and utilize their workroom(s).  Unless otherwise indicated, the terms “You” and “Your” apply to both Customers and Users.  If you are not an authorized user of a Customer, you are not a User and you may not use the Service under any circumstance.

Customers

Customers (and the Users that they authorize) may only use our Services by paying for Our Services (the “Fees”), which Fees must be paid according to Our payment terms.  If a Customer does not timely pay our Fees, We have the right to immediately terminate the Customer’s access and use of Our Services (and all Users which Customer has authorized).

Other Policies

You agree to adhere to any terms, conditions, policies or other notices of Us, including any privacy policy and our Service Level Agreement (the “Policies”).  As a User, you agree to adhere to all terms of use or other policies of the Customer who has authorized your access to the Service.  As a User, you agree that it Customer is solely responsible for informing You of any Customer policies or terms of use that apply to Our Services, to obtain or grant any rights for You to access and use Our Services, and resolve any dispute you may have regarding Our Services

Content

Our Service allows You to post, link, store, share and otherwise make available text, graphics, audio, videos and other information (“Content”).  You bestow and grant Us a perpetual, non-exclusive license of sufficient scope to allow Us to carry out the necessary functions of our Services (including but not limited to the right to store, replicate and distribute, the Content).

Any content that comes from Us is meant to stay within the Services (including the Evertel mobile app) only.  Sharing any proprietary media outside of the Services (including the Evertel app) is not allowed and grounds for Us to revoke your right to use Our Services, and possible other legal actions, subject to Our discretion.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

You agree that Your use of Our Services will not violate any law or the rights of any third party, including but not limited to the intellectual property rights or privacy rights of any third party.  You agree to indemnify and hold us harmless against any actions, damages or any claims whatsoever which arise from or relate to any such violation or alleged violation.

Changes

We reserve the right, at our sole discretion, to modify or replace the Policies, including these Terms, at any time (including changing Our Fees and the scope of Our Services). If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Other Matters

Our Policies, including these Terms, shall be construed as having been entered into by You in the State of Nevada and shall be interpreted in accordance with the laws of the State of Nevada.  You consent to the exclusive jurisdiction of the courts located Clark County, Nevada, for any legal action arising out of or relating to Our Policies and Our Services.  The parties agree that the prevailing party in any legal action shall be entitled to recover its reasonable costs and attorney’s fees.

In no event do we have any liability to You for any lost profits or any indirect, special, or other damages however caused, whether in contract, tort or under any other theory of liability (and whether relating to or due to losses, death, injury to person or reputation, or other events), whether arising from or relating to the use of Our Services or the inability to use our services (including, but not limited to, arising from or relating to the use of any of the content or the inability to access content, arising from or relating to the accuracy or inaccuracy of any content, or arising from or relating to the posting or the failure to post content), or otherwise.

Termination

If You violate the Policies or those of the Customer, we have the right to immediately terminate Your access and use of Our Services (including the Evertel mobile application), without prior notice.  Further, the Customer that authorized Your access may terminate your access to Our Services, such as based upon its policies. All provisions of the Terms which by their nature should survive termination shall survive termination.

Contact Us

If you have any questions about these Terms, please contact us at support@getevertel.com