Terms of Service

By using the Evalart site (either as a user of the service using the site questionnaire.evalart.com/admin or as a person answering a questionnaire from questionnaire.evalart.com) you agree to the following terms and conditions.

Evalart reserves the right to modify these terms and, if you use the site after the terms have been changed, you are agreeing to the new terms.

About the Service

The service refers to all the functionalities offered by Evalart’s site, including, among others, the ability to create, modify and send questionnaires, as well as view their results. It also includes the ability to respond to these questionnaires.

Evalart uses an infrastructure that allows the service to be kept running with minimal interruptions and errors; however, there may be situations where the service is not available or is available intermittently. You agree to release Evalart from all responsibility of any problems that may arise from system failures or interruptions. Evalart may suspend, withdraw, interrupt, or change service without notice. We reserve the right to disable (some or all) service functionalities for any account at any time, without notice.

Likewise, Evalart uses reasonable methods to safeguard the information registered by users, but you agree to release Evalart from any liability in the case of loss of information of any type (such as information not available, deleted, or altered without consent) and for any kind of information (such as test results information, candidates’ information, user questionnaires, among others).

You agree that you will use the results provided by Evalart at your own risk and that Evalart cannot ensure the accuracy and validity of these results, despite efforts to provide good service. Therefore, you release Evalart from any liability related to decisions you make based on information provided by Evalart (such as the selection of a candidate based on Evalart’s test results).

Length of Service

You can use the service as long as you have an active plan. An active plan is a plan that has a balance of questionnaires greater than zero and has not expired. You can continue to access the system even without an active plan to view past results, however, Evalart reserves the right to terminate access to accounts that have been without an active plan for a long time (in which case prior notification will be sent).

None of the plans are refundable, so if you wish to cancel your subscription, any unused balance will be lost. In the event that the service is unilaterally canceled by Evalart, a proportional refund will be made for the unused active balance.

Both you and Evalart can unilaterally terminate the use of the service at any time.

Advertising your use of Evalart

You allow us to advertise that your company uses Evalart´s service. We may use your name, logo, and trademarks in our advertising or marketing materials and you grant us all rights necessary to do so. You may withdraw this permission at any time by sending an email to evalart@evalart.com.

Conditions for people taking tests on Evalart

By answering an Evalart questionnaire you release Evalart from liability for any problems related to the service, including service unavailability, errors in results, loss of information, among others. You release all rights to the content you enter in response to the tests.

You will not copy the questions from the Evalart questionnaires and you will not publish or share these (or their possible answers) by any means.

You accept that the answers you enter and the results of your test will be visible to the person or company that sent you the test, as well as to Evalart. You authorize the person or company that sent you the test to use your answers and results within a process for evaluation purposes. You authorize Evalart to use your answers and results to perform an analysis in order to improve the tests and the platform in general.

Limitations

You will not copy, sublet or use the service in any way that would allow you to offer a similar service based on it. You will not copy the information from the service to other media with the intent to generate similar content for use outside of Evalart.

Accounts and users may not be shared. An account may not be shared among multiple companies and users should not be created for people from a company different than the one that hired the account.

A user or company is entitled to only one free trial account. A user or company is not allowed to create multiple free trial accounts with the intention of having more free trials than a single free account provides. Evalart reserves the right to block or delete accounts that have been created with this intention.

Evalart is not liable for any loss or damage whatsoever (including negligence or willful misconduct) that arises out of or in connection with: the use or inability to use the Service. Please note that we will not be liable for: loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. We do not guarantee that the site is secure or error or virus free and we will not be liable for any loss or damage caused by a virus or other harmful material. You will not use the service in a way that affects the operation of the service or involves abuse of the service. This includes, for example, the use of robots or automatic methods to access a large amount of Evalart information in a short time or exposing the services directly or indirectly to a different use than originally intended.

Jurisdiction

Any dispute will be resolved under Chilean law and courts.