Terms and conditions

1.Acceptance

By signing up, signing in or using the Service, you accept these terms and confirm that you have read our privacy notice. If you use the Service on behalf of an Organization, you represent that you are authorized to bind it, and references to “you” include that Organization.

If your Organization signed a contract, quote or order form with Evalence, that document prevails over these terms to the extent they conflict.

2.Definitions

• Account: the personal registration a person uses to access the Service.
• Organization: the company, educational institution or other entity that uses the Service to assess or train people.
• Workspace: an Organization's environment within the Service, with its members, assessments, question banks, groups and certificates.
• Administrators: members with the owner, admin or staff role, who can create content, invite people and view results.
• Participants: the people who take the assessments an Organization assigns to them.
• Content: the documents, text, questions, images, answers and other materials that you or your Organization upload or generate in the Service.

3.Your account

• You must be of legal age to sign up on your own. Minors may only use the Service at the invitation of an Organization, which is responsible for having their parents' or guardians' authorization.
• Your Account information must be accurate and kept up to date. Each Account is personal and non-transferable.
• You are responsible for keeping your password confidential and for all activity under your Account. Let us know immediately at hola@evalence.com.mx if you detect any unauthorized use.
• Some features, such as creating workspaces or inviting people, require you to verify your email address.

4.Workspaces and Organizations

• Each Organization controls its Workspace through its Administrators: it decides whom to invite, which roles to assign, which assessments to deliver, how they are graded and how long information is kept.
• If an Organization enables automatic joining by domain, people who verify an email address at that domain will join its Workspace as Participants. The Organization is responsible for configuring only domains it owns.
• The Organization is responsible for its Administrators and Participants complying with these terms, and for the decisions it makes based on results obtained in the Service.

5.Acceptable use

When using the Service, you agree not to:

• Violate the law, these terms or the rights of others, including intellectual property and personal data protection rights.
• Upload content that is unlawful, defamatory, discriminatory, violent or sexually explicit, or that contains malware.
• Send unsolicited invitations or emails, or use the Service to send spam.
• Access other people's accounts, workspaces, systems or data without authorization, or circumvent security mechanisms, usage limits or assessment controls.
• Copy, decompile or reverse engineer the Service, except to the extent expressly permitted by law.
• Extract data by automated means or overload the Service's infrastructure.
• Resell the Service or make it available to third parties without our written authorization.
• Impersonate another person or take an assessment on someone else's behalf.

6.Your Content

• You or your Organization retain all rights to your Content. Evalence does not acquire ownership of it.
• You grant us a non-exclusive, royalty-free, worldwide license, limited to the duration of your use of the Service, to host, copy, process, transmit and display your Content solely as needed to provide and protect the Service, including sending it to the providers described in the privacy notice.
• You represent that you hold the rights and authorizations needed to upload your Content, including those relating to copyrighted works and to any third-party personal data it contains.
• We do not review Content in advance, but we may remove or block Content that violates these terms or the law, or when ordered by a competent authority.
• If you believe any Content infringes your rights, email us at hola@evalence.com.mx with the information needed to identify it.

7.Artificial intelligence features

• The Service includes tools that use artificial intelligence to generate questions from your documents. The output may contain errors, omissions or incorrect answers, or may not faithfully reflect the material.
• You are responsible for reviewing, editing and approving questions before publishing them or using them to assess people.
• To generate questions, the text of your documents is sent to artificial intelligence providers, as described in the privacy notice. Do not upload confidential information or personal data you are not authorized to share.
• Evalence does not use your Content to train artificial intelligence models.
• Questions generated from your Content are part of your Content.

8.Assessments, results and certificates

• Organizations are responsible for the design of their assessments, their grading criteria and any academic, employment or other decisions they make based on the results.
• Integrity signals (for example, leaving the tab, exiting full screen or pasting text) are indicators that support the review of an attempt and are not, on their own, proof of misconduct. The Service does not use the camera or microphone for proctoring.
• Certificates are issued by the Organization, which is responsible for their content, validity and revocation. Evalence provides the tool to issue and verify them.
• Unless the Organization holds the corresponding authorization, certificates issued through the Service have no official recognition before Mexican education or labor authorities, such as the SEP, the STPS or CONOCER.
• Anyone with a certificate's code can verify its authenticity and see its basic details, as described in the privacy notice.

9.Personal data

• We process personal data in accordance with our privacy notice.
• For Participants' data and the Content of its Workspace, the Organization acts as the controller and Evalence as the processor. The Organization undertakes to have a legal basis for the processing, make its own privacy notice available to Participants and obtain any necessary consent, including that of parents or guardians of minors.
• Evalence will process that data only to provide the Service according to the Organization's instructions, with appropriate security measures and a duty of confidentiality, and will not use it for other purposes of its own.

10.Plans, pricing and payment

• Some features may be available at no cost and others may require a paid plan or a specific quote. The terms, prices and limits communicated to you when you purchase will apply.
• Unless stated otherwise, prices are in Mexican pesos and do not include value added tax (IVA). We will issue the corresponding Mexican tax invoices (CFDI).
• Non-payment may lead, after notice, to the suspension of paid features.
• We may change prices and plans; changes will apply from the next billing period and we will notify you in advance.

11.Availability and changes to the Service

• We work to keep the Service continuously available, but there may be interruptions for maintenance, provider failures or causes beyond our control. Unless a service level is agreed in writing, we do not guarantee any particular availability.
• For large-scale or critical deliveries, such as an admission exam, please coordinate the date with us in advance so we can plan capacity.
• We may add, change or remove features. If we remove a significant feature from a current paid plan, we will give you reasonable advance notice.
• Some features may be offered as beta or trial versions; they are provided as is and may change or be discontinued.

12.Evalence's intellectual property

The Service, its software, design, trademarks, logos and documentation belong to Evalence or its licensors and are protected by applicable law. These terms do not grant you any rights to them, except the limited, non-exclusive, non-transferable right to use the Service in accordance with these terms.

If you send us comments or suggestions, we may use them to improve the Service without any obligation to you.

13.Suspension and termination

• You can stop using the Service at any time and request the cancellation of your Account by emailing hola@evalence.com.mx.
• We may suspend or cancel access to an Account or Workspace if these terms are breached, if required by law or if its use puts the Service or others at risk. Where reasonable, we will give notice first and an opportunity to remedy the breach.
• Before a Workspace is cancelled, the Organization can export its results (for example, as CSV) and download its certificates. After cancellation, we will delete or anonymize the Content within a reasonable period, in accordance with the privacy notice and unless the law requires us to keep it.
• Provisions that by their nature should survive, such as intellectual property, limitation of liability and governing law, will remain in effect after termination.

14.Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided “as is” and “as available”. We do not warrant that it will be uninterrupted or error-free, or that its output, including artificial intelligence output, will be accurate, complete or fit for a particular purpose.

15.Limitation of liability

• To the fullest extent permitted by law, Evalence will not be liable for indirect damages, lost profits, loss of data or business opportunities, or for decisions Organizations make based on the Service's results.
• Evalence's total liability arising from the Service is limited to the amount you paid for it in the twelve months before the event giving rise to the claim or, if you use the Service at no cost, to one thousand Mexican pesos.
• These limitations do not apply in cases of willful misconduct or gross negligence, or to the extent prohibited by applicable law, including consumer protection law.

16.Indemnification

You agree to indemnify and hold Evalence harmless from third-party claims arising from your Content, your breach of these terms or your infringement of third-party rights, including reasonable defense costs.

17.Changes to these terms

We may update these terms. We will publish the current version on this page with its update date and, if the changes are significant, we will notify you by email or within the Service at least 15 calendar days in advance. If you keep using the Service after the changes take effect, you will be deemed to accept the new terms.

18.Governing law and jurisdiction

These terms are governed by the federal laws of the United Mexican States. For their interpretation and enforcement, the parties submit to the competent courts of Ciudad de México and waive any other jurisdiction that may apply to them by reason of their present or future domicile.

If you are a consumer, you keep the rights granted to you by Mexico's Federal Consumer Protection Law and may contact the Federal Consumer Protection Agency (PROFECO).

19.General provisions

• If any provision of these terms is held invalid, the remaining provisions will remain in effect.
• Our failure to exercise a right at any given time does not mean we waive it.
• You may not assign these terms without our consent. We may assign them in the event of a merger, acquisition or sale of assets.
• These terms are offered in Spanish and English; if they differ, the Spanish version prevails.

20.Contact

Evalence, S.A.P.I. de C.V., with its address at Mazatlan 81, Col. Condesa, C.P. 06140, Cuauhtémoc, Ciudad de México. Email: hola@evalence.com.mx.