Updated: March 25, 2021
Welcome to the Evismart website, mobile applications ("Apps"), and associated services (collectively, the "Platform"), formerly known as Evident. The rebranding is part of our ongoing efforts to improve our services and better serve our users. Any references to Evident in prior communications or materials should now be understood as referring to Evismart. Evismart is a brand owned and operated by Evident Inc.
These Terms of Use (the "Terms") govern your access to and use of the Platform and the services offered herein (the "Services"). By accessing or using the Platform and Services, you agree to comply with and be bound by these Terms. If you do not agree, you must discontinue use of the Platform and Services immediately.
This Agreement is governed by applicable laws, including but not limited to the General Data Protection Regulation (GDPR), Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), the California Consumer Privacy Act (CCPA), the Australian Privacy Act, and other relevant data privacy laws.
2.1. Purpose
These Terms govern access to and use of the Platform, including mobile and web applications provided by Evident Inc. ("Evident," "we," or "our"). They outline the rights, obligations, and necessary conditions for using Evident’s software-as-a-service (SaaS) solutions, including Laboratory Management Systems ("LMS") and other digital tools.
2.2 Updates
Evident reserves the right to modify these Terms at any time to reflect changes in business practices or legal requirements. Notifications of updates will be provided through one or more of the following methods:
Unless otherwise specified, changes take effect immediately upon posting or notification. Continued use of the Services constitutes your acceptance of the revised Terms. If you disagree with the updates, you may terminate your account.
3.1 Eligibility
The Services are intended for individuals and entities with legal capacity to enter into binding agreements under applicable laws. Minors are prohibited from using the Services. Evident reserves the right to accept or reject applications for membership.
3.2 Account Creation
To access the Services, you must create an account (the "Account") and provide accurate and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted through your Account. Sharing account credentials is prohibited. Evident is not liable for unauthorized use of your Account.
3.3 Account Types
Evident offers free and paid membership options. Upgrading or downgrading between memberships may affect access to features and services.
3.4 Payment Terms
Payment terms for paid memberships, including taxes and fees, are outlined at the point of purchase.
Payments for Services must be made via credit card. Any alternative payment methods require the express consent and discretion of Evident. You agree to provide accurate and current payment information and authorize Evident to charge the specified amount to your credit card for the Services.
Failure to comply with payment obligations may result in account suspension or termination. Refunds for payments made are not available under any circumstances.
4.1 Permitted Use
You are granted a limited, non-exclusive, and non-transferable license to access and use the Services in accordance with these Terms. The Services may only be used for lawful purposes consistent with their intended functionality.
4.2 Restrictions
You agree not to:
Evident may suspend or terminate access to the Services for violations of these Terms or activities that compromise the security or functionality of the Services.
Evident retains all intellectual property rights in and to the Platform, Services, and associated content, including but not limited to graphics, software, APIs and documentation. You may not reproduce, modify, distribute, or create derivative works from any part of the Services without prior written consent.
6.1 User Content
You retain ownership of any content you upload or submit through the Services ("User Content"). By submitting User Content, you grant Evident a non-exclusive, royalty-free license to use, store, process, and analyze the content, including for machine learning purposes, solely to improve the Services. You are responsible for ensuring that your User Content complies with applicable laws and does not infringe third-party rights.
6.2 Data Protection
Evident is committed to protecting personal data in compliance with GDPR, PIPEDA, and other applicable privacy laws. You are responsible for obtaining any necessary consents for personal dat you provide. Please refer to our Privacy Policy for more information on data handling practices.
6.3 Marketing Communications
By creating an Account, you consent to receive marketing communications, promotional materials, and sales pitches from Evident via email or other communication methods. You may opt out of these communications at any time by following the unsubscribe instructions provided in the messages or contacting Evident directly.
To the fullest extent permitted by law:
You agree to indemnify and hold Evident harmless from any claims, damages, or liabilities arising from:
You will not solicit, offer work to, employ, or contract with, directly or indirectly, any of Evident's Personnel or the Personnel of Evident's Affiliates, during the provision of the Services and for a period of twenty-four (24) months after the conclusion of the Services. "Personnel" includes any individual Evident employs or has employed as a partner, employee or independent contractor. Any violation of this clause shall entitle Evident to seek injunctive relief, as well as any damages or losses incurred as a result of the breach. This is in addition to any other rights or remedies available under law or equity.
Evident reserves the right to suspend or terminate your access to the Services for any breach of these Terms. Upon termination, your license to use the Services ceases, and Evident may delete your Account and related data.
These Terms are governed by the laws of the Province of British Columbia, Canada. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Vancouver, British Columbia.
For questions or concerns regarding these Terms or the Services, please contact us:
