Terms of Service and Subscription Agreement
Version 1.1
Effective: 03.01.2026
1. PARTIES
Service Provider: evaluoi.ai Oy Ltd
Business ID: 3582911-8
Email: hello@evaluoi.ai
Customer: The legal entity or individual subscribing to the Service (defined below).
2. SERVICE DESCRIPTION
Evaluoi.ai provides an AI-powered cognitive modeling platform (the "Service") that enables users to:
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Create and manage measurement frameworks
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Design and deploy surveys
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Analyze survey data using advanced psychometric methods
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Generate AI-assisted recommendations for interventions and improvements
The Service is delivered as a Software-as-a-Service (SaaS) solution via web browser. Service features and limitations depend on the selected subscription tier.
3. BILLING AND PAYMENT TERMS
3.1 Payment Schedule
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Monthly subscriptions are billed at the beginning of each billing cycle
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Annual subscriptions are billed upfront for the full year
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AI credit add-ons are billed immediately upon purchase
3.2 Payment Methods
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Credit/debit card via Stripe
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Bank transfer (Enterprise tier only, upon request)
3.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless canceled by the Customer at least 24 hours before renewal date.
3.4 Late Payments
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Payment is due within 14 days of invoice date
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Service may be suspended if payment is overdue by more than 30 days
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Late payment fee: 8% annual interest on overdue amounts
3.5 Taxes
All prices are exclusive of VAT and other applicable taxes. Customer is responsible for all taxes.
4. LICENSE AND USAGE RIGHTS
4.1 License Grant
Evaluoi.ai grants Customer a non-exclusive, non-transferable, revocable license to use the Service during the subscription period, subject to:
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Terms of this Agreement
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Fair use policies
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Subscription tier limitations
4.2 Restrictions
Customer shall not:
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Reverse engineer, decompile, or disassemble the Service
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Resell, sublicense, or redistribute the Service
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Use the Service to violate laws or third-party rights
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Attempt to circumvent usage limitations or security measures
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Use the Service to develop competing products
4.3 Acceptable Use
Customer agrees to use the Service in accordance with the Acceptable Use Policy available at https://www.evaluoi.ai/acceptable-use-policy.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Service Provider's IP
All rights, title, and interest in the Service, including software, algorithms, documentation, and trademarks, remain with Evaluoi.ai or its licensors.
5.2 Customer Data
Customer retains all rights to data uploaded or created in the Service ("Customer Data"). Customer grants Evaluoi.ai a limited license to process Customer Data solely to provide the Service.
5.3 Aggregated Data
Evaluoi.ai may create anonymized, aggregated statistics from Customer Data for service improvement and analytics, provided such data cannot identify Customer or its users.
6. DATA PROTECTION AND PRIVACY
6.1 Data Processing Agreement
The parties agree to the Data Processing Agreement (DPA) available at https://www.evaluoi.ai/data-processing-agreement, which forms an integral part of this Agreement.
6.2 Privacy Policy
Customer's use of the Service is subject to Evaluoi.ai's Privacy Policy available at https://www.evaluoi.ai/english-privacy-policy.
6.3 Data Location
Customer Data is stored in EU data centers (primarily Frankfurt, Germany) in accordance with GDPR requirements.
6.4 Data Security
Evaluoi.ai implements industry-standard security measures including:
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Encryption at rest (AES-256)
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Encryption in transit (TLS 1.3)
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Regular security audits
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Access controls and authentication
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Automated backups (retained for 90 days)
6.5 Data Retention
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Active data: Stored for duration of subscription
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Deleted accounts: Data anonymized/deleted within 30 days
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Backups: Retained for 90 days
6.6 Security Incident Notification
In the event of a data breach affecting Customer Data, we will:
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Notify Customer without undue delay and within 72 hours of becoming aware
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Provide details of: nature of breach, affected data, potential consequences, mitigation measures taken
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Cooperate with Customer's breach response obligations
Customer remains responsible for notifying affected data subjects as required by applicable law.
7. LIMITATION OF LIABILITY
7.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
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Evaluoi.ai's total liability for any claims arising from this Agreement shall not exceed the amount paid by Customer in the 12 months preceding the claim.
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Evaluoi.ai shall not be liable for:
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Indirect, incidental, special, consequential, or punitive damages
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Loss of profits, revenue, data, or business opportunities
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Cost of substitute services
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7.3 Exceptions
Limitations do not apply to:
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Gross negligence or willful misconduct
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Death or personal injury caused by negligence
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Fraud or fraudulent misrepresentation
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Violations of data protection laws
8. AI-Generated Content and Recommendations
8.1 No Professional Advice
AI-generated recommendations, insights, and analyses are for informational purposes only and do not constitute professional psychological, medical, HR, or business advice.
8.2 Customer Responsibility
Customer is solely responsible for:
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Validating all AI outputs before use
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Decisions made based on AI recommendations
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Ensuring interventions comply with applicable laws and professional standards
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Obtaining appropriate professional consultation when needed
8.3 No Accuracy Guarantee
We do not warrant that AI outputs are accurate, complete, reliable, or suitable for Customer's specific purposes.
8.4 Prohibited Uses
Customer shall not use AI outputs for:
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Clinical diagnosis or treatment decisions
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Employment decisions without human review
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Automated decision-making affecting legal rights
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Any use prohibited by applicable AI regulations
9. Service Level
9.1 Best Effort Service
The Service is provided on a commercially reasonable efforts basis. We utilize third-party infrastructure providers and our availability is dependent on their performance.
9.2 No Uptime Guarantees
We do not guarantee specific uptime percentages or service availability. The Service may be unavailable due to:
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Infrastructure provider outages or maintenance
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Scheduled maintenance (we aim to provide 48h notice)
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Security incidents or necessary updates
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Force majeure events
9.3 Service Monitoring
We monitor service health and work to resolve disruptions promptly.
9.4 No Compensation for Downtime
Service interruptions do not entitle Customer to refunds, credits, or liability claims beyond Section 7 limitations.
10. CONFIDENTIALITY
10.1 Confidential Information
Each party agrees to keep confidential all non-public information received from the other party, including:
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Business operations and strategies
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Technical information and trade secrets
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Customer Data
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Pricing and contract terms
10.2 Exceptions
Confidential information excludes information that:
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Is publicly available through no breach of this Agreement
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Was known prior to disclosure
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Is independently developed
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Must be disclosed by law
10.3 Duration
Confidentiality obligations survive for 3 years after Agreement termination.
11. AMENDMENTS
11.1 Right to Modify
Evaluoi.ai may modify these Terms by providing 30 days' written notice to Customer. Modifications affecting pricing require 60 days' notice.
11.2 Acceptance
Continued use of the Service after notice period constitutes acceptance of modifications. If Customer does not accept modifications, Customer may terminate within notice period without penalty.
12. TERMINATION
12.1 Termination by Customer
Customer may terminate at any time with effect at end of current billing period. No refunds for partial periods.
12.2 Termination by Service Provider
Evaluoi.ai may terminate immediately if Customer:
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Breaches material terms and fails to cure within 14 days of notice
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Uses Service for illegal purposes
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Fails to pay undisputed invoices within 30 days
12.3 Effect of Termination
Upon termination:
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Customer's access to Service is revoked
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Customer Data is retained for 30 days for data export
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All outstanding fees become immediately dueLicenses granted under this Agreement terminate
12.4 Data Export
Customer may request data export in standard format within 30 days of termination.
13. FORCE MAJEURE
Neither party shall be liable for failure to perform due to causes beyond reasonable control, including:
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Natural disasters
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War, terrorism, civil unrest
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Government actions or regulations
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Internet or telecommunications failures
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Pandemics or public health emergencies
Affected party must notify the other party promptly. If force majeure continues for more than 60 days, either party may terminate without penalty.
14. GOVERNING LAW AND DISPUTES
14.1 Governing Law
This Agreement is governed by the laws of Finland, excluding conflict of law provisions.
14.2 Jurisdiction
Any disputes shall be resolved in the District Court of Helsinki (Helsingin käräjäoikeus).
14.3 Dispute Resolution
Parties agree to attempt good faith negotiation for 30 days before initiating legal proceedings.
15. CONTACT INFORMATION
Evaluoi.ai
Email: hello@evaluoi.ai
16. ACCEPTANCE
By subscribing to the Service, Customer acknowledges having read, understood, and agreed to be bound by these Terms of Service and Subscription Agreement.
For questions or clarifications regarding these Terms, please contact hello@evaluoi.ai
