Universal Terms of Service Agreement

Last revised: December 18, 2024

Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between EVOLONIA LTD. (a registered legal entity in the Republic of Bulgaria with UIC 207910913 and registered address 3 Lyuleburgas str., fl. 5, ap. 25, 9704 Shumen, Bulgaria, also referred to as “EVOLONIA” or the “Provider”) and you (also referred to as the “User” or the “Client”), and is made effective as of the date of your use of this website (www.evolonia.com, also referred to as “Site” and operated by the Provider) or the date of electronic acceptance.

The terms “we”, “us” or “our” shall refer to EVOLONIA. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Site or the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Any agreements, arrangements and/or additional policies that apply to certain Services (“Services Agreements”) and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the applicable policies and agreement (including the applicable product agreements), which are incorporated herein by reference.

When your use of the Services requires us to process any personal data or personal information, we will do so in accordance with our Privacy Policy and also, if applicable, Data Processing Addendum (“DPA”), which is incorporated into this Agreement by reference.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES

EVOLONIA may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, EVOLONIA may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. EVOLONIA assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, EVOLONIA may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. EVOLONIA RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and/or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the Republic of Bulgaria or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, EVOLONIA finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. EVOLONIA shall not be liable for any loss or damage resulting from EVOLONIA’s reliance on any instruction, notice, document or communication reasonably believed by EVOLONIA to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, EVOLONIA reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

4. ACCOUNTS

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to EVOLONIA that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If EVOLONIA has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, EVOLONIA reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, EVOLONIA recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify EVOLONIA immediately of any breach of security or unauthorized use of your Account. EVOLONIA will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss EVOLONIA or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Account Management Access (Account Sharing). The Services allows you to grant access (depending on permissions granted) to your EVOLONIA account to another EVOLONIA customer. You may revoke any person’s ability to access your account at any time. By authorizing any person to access your account, you acknowledge and agree that:
(1) you have an established and trusted business or personal relationship with such a person;
(2) you voluntarily authorize such person to access and make changes to your account;
(3) depending on permissions granted, such person may be able to view personal information that you have provided in your account, including billing information (but excluding full payment method information);
(4) such person will be able to access your account as it is on the day of granting access and also access any future changes thereof (e.g. in case access to a certain hosting service is granted, such person will be able to access any future add-on domains of such hosting service);
(5) in case you separately agree (allow) that such a person would contact Customer Support on your behalf, such person will be able to contact our Customer Support, receive information and/or manage services on your behalf using our Customer Support and access your chat history (including any personal and other information contained therein). Note that such a person in any case will not be allowed to perform certain actions, such as view or change your account credentials (like your password), delete your account or invite others to access your account.

You are assuming full legal and financial responsibility (and undertake to fully release EVOLONIA from any related liability) with respect to your decision to grant access to your account to any person or with respect to any actions such person may take or fail to take with respect to your account.

By requesting access to the EVOLONIA account of another customer, the EVOLONIA customer undertakes to use such access solely in the best interest of and as authorized by the customer granting access.

Please note that EVOLONIA is not involved in the actual contract between a EVOLONIA customer granting access and/or requesting/receiving access to an account. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.

5. TRANSFER OF DATA ABROAD

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

6. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

7. BETA SERVICES

From time to time, EVOLONIA may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided AS-IS, so we do not recommend using them in production or mission critical environments; (iv) EVOLONIA reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) EVOLONIA may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by EVOLONIA; (viii) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to EVOLONIA; (ix) The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, EVOLONIA disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with EVOLONIA. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. All paid support services are non-refundable.

The Services do not support all local languages. If a local language is not supported, then the Service will default to English only. To the extent that the Services are used with a local language (other than English) or in a certain country, there may be limitations to certain features or functionality within the Service or services provided by third parties (e.g. payment methods).

8. GENERAL RULES OF CONDUCT

You acknowledge and agree that:
  1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  3. You will not use this Site or the Services in a manner (as determined by EVOLONIA in its sole and absolute discretion) that:
    1. Is illegal, or promotes or encourages illegal activity;
    2. Promotes, encourages or engages in child pornography or the exploitation of children;
    3. Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    4. Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    5. Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    6. Promotes or facilitates prostitution and/or sex trafficking;
    7. Infringes on the intellectual property rights of another User or any other person or entity;
    8. Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    9. Interferes with the operation of this Site or the Services found at this Site;
    10. Contains or installs any viruses, worms, bugs, Trojan horses, cryptocurrency miners or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    11. Contains false or deceptive language, or unsubstantiated or comparative claims, regarding EVOLONIA or EVOLONIA’s Services.
  4. You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  5. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by EVOLONIA.
  6. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  7. You will not access EVOLONIA content or User Content through any technology or means other than through this Site itself, or as EVOLONIA may designate.
  8. You agree to back-up all of your User Content so that you can access and use it when needed. EVOLONIA does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  9. You will not re-sell or provide the Services for a commercial purpose, including any of EVOLONIA’s related technologies, without EVOLONIA’s express prior written consent.
  10. You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any EVOLONIA Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the EVOLONIA Content or the User Content therein.
  11. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  12. You are aware that EVOLONIA may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether EVOLONIA asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which EVOLONIA is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of EVOLONIA that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of EVOLONIA that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from EVOLONIA. Message and data rates may apply.
  13. Without limiting any of the rights set forth elsewhere in this Agreement, EVOLONIA expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any EVOLONIA policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by EVOLONIA in its sole and absolute discretion).
  14. If your purchase or account activity shows signs of fraud, abuse or suspicious activity, EVOLONIA may cancel any service associated with your name, email address or account and close any associated EVOLONIA accounts. If EVOLONIA, in its sole discretion, determines that any conducted activity is fraudulent, EVOLONIA reserves the right to take any necessary legal action and you may be liable for monetary losses to EVOLONIA including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact EVOLONIA Support.

9. PROTECTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

EVOLONIA may process personally identifiable information (“PII”) about you, your customers, and/or any individual using any services provided to you under this Agreement including any website You host with EVOLONIA. To the extent EVOLONIA processes PII for its purposes in providing the Services, EVOLONIA acts as the Data Controller and EVOLONIA’s Global Privacy Notice applies to such processing. To the extent EVOLONIA processes PII on your behalf as part of the Services, EVOLONIA acts as the Data Processor and the Data Processing Addendum applicable to the Services applies to such processing.

10. USER CONTENT

Some of the features of this Site or the Services, including those Services that are hosted with EVOLONIA, may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), (b) literary, artistic, musical, or other content, including but not limited to photos and videos, or (c) other information about their business or customers (together with User Submissions, (“User Content”). All content submitted through your Account or processed on your behalf is considered User Content. By posting, publishing, or processing User Content to this Site or to or via the Services, you represent and warrant to EVOLONIA that (i) you have all necessary rights to process and distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate EVOLONIA to treat your User Submissions as confidential or secret, that EVOLONIA has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that EVOLONIA may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

EVOLONIA shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize EVOLONIA to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site, this Agreement, and any Services Agreements applicable to the User Content. You hereby grant EVOLONIA a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and EVOLONIA’s (and EVOLONIA’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that EVOLONIA may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. You also understand and agree that EVOLONIA may retain and use any User Content that has been incorporated into any derivative works as allowed pursuant to any Services Agreements. Notwithstanding anything to the contrary contained herein, EVOLONIA shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or EVOLONIA’s (or EVOLONIA’s affiliates’) business(es). If you have a website or other content hosted by EVOLONIA, you shall retain all of your ownership or licensed rights in User Content.

EVOLONIA Data. For the avoidance of doubt, User Content does not include “EVOLONIA Data,” which means (a) all information relating to EVOLONIA’s business and delivery of the Services, including but not limited to PII concerning You and (where applicable) your employees or representatives, (b) other data concerning or relating to Your account, transaction history, use of the Services and identity verification, and (c) subject to any restrictions under any applicable Data Protection Laws, any PII that has been aggregated, pseudonymized, or anonymized (collectively, “De-identified”) pursuant to the terms of any Services Agreement. You acknowledge and agree that you have no rights to EVOLONIA Data under this or any Services Agreement.

11. MONITORING AND MODERATION OF CONTENT; RESTRICTIONS POLICY

EVOLONIA generally does not pre-screen User Content (whether posted to a website hosted by EVOLONIA or posted to this Site). However, and subject to applicable laws, EVOLONIA reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. By way of example, EVOLONIA may for instance voluntarily screen or pre-screen material for potential child sexual abuse material and act against any such material.

EVOLONIA may remove any item of User Content (whether posted to a website hosted by EVOLONIA or posted to this Site) and/or suspend or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by EVOLONIA in its sole and absolute discretion), at any time and without prior notice.

EVOLONIA may also suspend or terminate a User’s access to this Site or the Services found at this Site if EVOLONIA has reason to believe the User is a repeat offender. If EVOLONIA terminates your access to this Site, Services or the Account, EVOLONIA may, in its sole and absolute discretion, remove and destroy any data and files, including back-up copies, stored by you on its servers. Please note that using one Service for illegal activity mentioned herein does not limit EVOLONIA’s right to terminate User’s Account.

12. ADDITIONAL RESERVATION OF RIGHTS

EVOLONIA expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify (including access to or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by EVOLONIA in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by EVOLONIA in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, to prevent activities that threaten the stability of our network and/or servers, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of EVOLONIA, its officers, directors, employees and agents, as well as EVOLONIA ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue EVOLONIA.

EVOLONIA expressly reserves the right to terminate, without notice to you, any and all Services where, in EVOLONIA’s sole discretion, you are harassing or threatening EVOLONIA and/or any of EVOLONIA’s employees.

EVOLONIA expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email or ticketing system or any other way. EVOLONIA shall not be liable for any loss or damage resulting from such actions.

13. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
  1. Email Messages
  2. Newsgroup postings
  3. Windows system messages
  4. Pop-up messages (aka “adware” or “spyware” messages)
  5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
  6. Online chat room advertisements
  7. Guestbook or Website Forum postings
  8. Facsimile Solicitations
  9. Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email [email protected].

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

14. TRADEMARK AND/OR COPYRIGHT CLAIMS

EVOLONIA supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at email [email protected].

15. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by EVOLONIA. EVOLONIA assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, EVOLONIA does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release EVOLONIA from any and all liability arising from your use of any third-party website. Accordingly, EVOLONIA encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

16. LIMITED WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. EVOLONIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVOLONIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND EVOLONIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY EVOLONIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER, CHATBOT OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL EVOLONIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (REGARDLESS OF WHETHER THEY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING).

THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES THAT MAY RESULT FROM
(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(III) THE SERVICES PROVIDED ON THIS SITE (INCLUDING AVAILABLE THROUGH YOUR ACCOUNT) OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IV) POTENTIAL LOSS OF BUSINESS, REVENUE, PROFITS, OPPORTUNITIES OR ANY OTHER BUSINESS RELATED LOSSES, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
(VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
(VII) ANY LOSS OF DATA, WHETHER DUE TO HARDWARE FAILURE, SOFTWARE ISSUES, UNAUTHORIZED ACCESS, OR ANY OTHER UNFORESEEN CIRCUMSTANCES,
(VIII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IX) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(X) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
(XI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT EVOLONIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL EVOLONIA’S TOTAL AGGREGATE LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE WHICH GAVE RISE TO SUCH DAMAGES DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OCCURRED OR 10,000 EUR, WHICHEVER IS LESS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

18. INDEMNITY

You agree to protect, defend, indemnify and hold harmless EVOLONIA and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by EVOLONIA directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

19. DISCONTINUED SERVICES; END OF LIFE POLICY

EVOLONIA reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although EVOLONIA makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by EVOLONIA, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, EVOLONIA will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by EVOLONIA in its sole and absolute discretion. EVOLONIA may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.

No Liability. EVOLONIA will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

20. PAYMENTS AND BILLING

You agree that your Payment Method may be charged by one of our affiliated entities. In most situations card payments will be processed by Stripe, but not limited to.

Payments for new services and service renewals must be done in advance of the period they cover, unless explicitly specified differently and agreed on. Each billing operating is associated with an order and an invoice is generated before and after the payment has been processed.

EVOLONIA accepts payments by credit/debit cards including but not limited to Maestro, VISA, MasterCard, processed by Stripe, or PayPal, or Bank Transfer. Other forms of payment might be possible if arranged and agreed on by contacting [email protected].

You agree to pay all taxes applicable by law to your use of EVOLONIA’s Services, such as but not limited to VAT and sales tax. EVOLONIA is not responsible for any additional fees imposed by your financial institution.

In case less than a full payment amount for EVOLONIA’s Services used by the Customer has been received, EVOLONIA may invoice the Customer for the difference between the service fees and received amount.

In case of late payment, the Service is suspended seven (7) days after the payment due date. During the time of suspension, the service is still billed as it continues to use resources.

If EVOLONIA determines at its own discretion that false personal information has been used by the Customer for the purpose of the use of EVOLONIA’s Services, EVOLONIA might refuse the service and issue as full refund with payment processing fees subtracted (if any).

EVOLONIA reserves the right to change the prices of its Services, as well as the conditions and resources, at any time, without notice. However, the Customer will not owe any additional amount to what the Customer has already prepaid.

21. REFUNDS

EVOLONIA will issue a full refund for the Services if the Customer makes a cancellation request, as long as the cancellation request is submitted within 30 days of the first activation of the Services. In case the Services have been activated previously, EVOLONIA reserves its right to reject refunds for the Services if it determines at its sole discretion that this is done with fraudulent intentions to exploit the refund opportunity. Similarly, EVOLONIA reserves its right to refuse refunds if it determines at its sole discretion that the Customer has breached the terms outlined in the Agreement.

For all other cases, the decision for a full or partial refund is under EVOLONIA’s sole discretion.

If a dispute with the Payment Processor is issued before contacting EVOLONIA beforehand, EVOLONIA may terminate all Services of the Customer and issue no refund.

Refunds are transferred within 30 days of the refund request using the same payment method the payment was received, unless agreed on otherwise.

22. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

23. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

24. COMPLIANCE WITH LOCAL LAWS

EVOLONIA makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

25. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

This Agreement shall be governed by and construed in accordance with the federal law of the Republic of Bulgaria. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

26. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

27. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
EVOLONIA LTD.
3 Lyuleburgas str.
fl. 5, ap. 25
9704 Shumen, Bulgaria
[email protected]