Terms & Conditions

The terms and conditions and Privacy Policy of our company govern the use of this platform and services.

Evoit Terms are the binding and legal contract between you and Evoit Pvt Ltd. Please read the terms carefully.

You must agree to our terms for using our platform and services. You cannot use our platform and services without agreeing to our terms.

Only Evoit account holders can use a password to access their accounts. You should not gain unauthorized access to your account. It is an offense under the respective act.

1. Definitions

The definitions given in Schedule 1 generally apply to our terms and conditions unless specified.

2. Evoit account

• Your age must be 18 years or more or the age of majority to use our services.
• If your age is under 18 years, you must take permission from your parents or guardians. Your parents or guardians must take responsibility for your actions or charges connected with the use of services.
• You must immediately stop using our services if you don’t have permission from your parents or guardians.
• You should complete the signup procedure and create an account to use our services. While opening an account, you must write an email ID, mobile number, and other necessary details. It is important to do verification of your email ID and mobile number before opening an account.
• As per the law, the person doing the sign-up process is considered as an account owner. He is allowed to use the account for the services.
• If you create an account on behalf of your employer or another person, the employer or another person will be considered as an account owner. It means you are the representative and have the authority to use the account on behalf of the employer or another person.
• You guarantee that all the details of the account are true and complete. You must make sure that particular details are updated in the account.
• You are responsible for all the activities that happen in your account. You are also responsible for keeping your password private and confidential. If your password has been hacked and you know any reason, you must inform us immediately.
• The rights, obligations, and restrictions given in Evoit terms apply to you and to another person on whose behalf you access the account.
• We are not responsible for damages that occurred due to the Account details disclosed by you. It is advisable not to save your account details while accessing our site from different computers or devices.
• If you doubt that your account details are used by another person, you must inform us as soon as possible.
• In the case of a dispute between parties for account ownership, we can stop the services temporarily unless the final resolution is made. We have the right to grant ownership to an account with our judgment. We also have the right to ask for documents to finalize the account ownership. If we are unable to make proper decisions, we have the right to avoid without putting liability on you or another party.

3. Privacy policy

As part of our services, we may access or use the personal information of end-users. It also includes information about activities carried by you or the end-users. You must agree that our privacy policy and the 3 rd party’s privacy policy govern these activities.

4. General terms and use of services

Obligations of the users and you agree to:

• Follow all the guidelines, rules, instructions, and laws relating to the use of our services from time to time.
• Take responsibility for all the activities that occur in your Evoit account or another account that is or not authorized by you.
• Follow all the laws of state that apply to you or other end users.
• Save user content or information of your end-users, applications, products, or 3 rd party services.

Restrictions

You agree not to:

• Use the services for wrong or illegal purposes.
• Use our platform or services for selling items or promoting them.
• Post or display content that is offensive, fraudulent, defamatory, profane, racist, and deceptive in any manner or the information that goes against the rights of Evoit or 3 rd party.
• Post or upload content or information that is not right to display on the site.
• Use another person’s account under any circumstances.
• Sell, copy, use, or resell any part of the services, materials, or content without taking the permission of Gobizcrm.
• Buy search engine, domain names, or pay per clicks that use Evoit trademarks.
• Remove logos or trademarks from the templates.
• Provide false information on our site or platform or user website.
• Misrepresent your affiliation with other person or falsely show Evoit makes endorsements with you or user website.
• Gain unauthorized access to the server or Platform or server or platform related to services and platforms.
• Use material or software that may contain malicious codes, viruses, or malware that may destroy the data of the platform or its operation.
• Do anything that is unreasonable or puts the load on the infrastructure of the services or networks and systems of the Evoit platform or disturb the operation of any servers, networks, and systems.
• Do such acts that damage our goodwill and reputation or the act that puts our company into harm.
• Use abusive language in oral or written form with our employees, users, members, or officers.
• Copy any materials from the Evoit platform.

a. Write a warning letter to you

b. Close your user website

c. Carry our legal proceedings against you

c. Carry our legal proceedings against you

• We not do include any liability that arises out of actions that we take against breaking of laws.

Our Rights

We have the right to:

• Check and remove any user website or content from the platform. We may investigate in the matter of breach of contract and take action if necessary.
• Stop services, restrict your use to the account, or delete your account due to any reason at any time.
• Inform about the suspected activity or any activity that violates the law to the concerned authorities and cooperate with them.
• Ask for any information from you that relates to the use of the services or platform at any time.
• Give our services to your competitors without the promise of exclusivity in that segment. You must agree that our contractors and employees may compete with you although they will not use your private information in any way.
• Include any user product or content in the Evoit category with our sole discretion, which is different from your user-product or platform category.
• Reject your application to open an account on our site, cancel the subscription, or delete an account for any reason.

5. Our content and products

• Layout templates of our site We have the right to change the footer anytime without any communication. You must not duplicate, sell, copy, resell, or use any of the content of our layout template that is subject to intellectual property rights. We have the right to change our layout templates if we find that an element is offensive, objectionable, or illegal to a person’s property rights even if you use that particular template on your user website. We also have the right to change the design as required.
• Domain name laws Any domain or sub-domain name taken by Evoit is owned by company only. It is non- transferable even if you cancel your subscription or delete your account.
  If users have taken the domain, it is his responsibility to handle all matters of your custom domain name with your domain provider. You can also refer to domain name laws and agreements for more details.
• Laws of user content It is your responsibility to accept that the user content is reliable, true, and non-fringing on any 3 rd party or part of the products from the template design. You must provide useful content that is unlawful in any country where you or end-users stay.

By providing the user content, you agree to

a. Allow all the internet users to see your user content.

b. Allow Evoit to display or save your user content.

c. Allow Evoit to view and edit your user content for any reason without previous communication.

d. Allow Evoit to show your site on any of our affiliate sites.

• Laws of sale of user products You are responsible for the user products and any sale transaction that occurs in your account through our platform. You are also responsible for giving all the information asked by potential buyers of your end products. We only provide a platform for managing sales activities. We do not involve in your relationship with any potential buyer of the user products, and Evoit is not responsible for any customer relationship on your behalf concerning the user products.

6. Laws of Intellectual Property

You are responsible for Intellectual Property relating to user content including images, illustrations, logos, designs, artworks, text, photographs, and compositions. You are responsible for all losses, costs, and damages that occur due to your user content infringes on directors, employees, officers, partners, or investors of Gobizcrm. We have the right to use your trademark on our platform or services for offering our services to you or products and services for promotional activities.

• Laws or our Intellectual Property All the titles, interests, and rights of services are owned by Gobizcrm. As per your compliance with Evoit terms and timely payment of fees, we grant you non-transferable, revocable, and non-exclusive limited license to create your account, use the services to display your user website, or provide your user products to the end-users.
• Trademarks Trademarks registered or unregistered are owned by us and our 3 rd -party services. You have no right or license to use our platform or trademarks without our written permission of the trademark owner.
• You must not, without our written permission:

a. Use our trademark in connection to product, service, or website.

b. reproduce, change, adapt, publish, copy, or post or use any material or content on the platform for any purpose.

c. Distribute or use any part of the platform for other websites or networks.

d. link or hyper-link our platform or trademarks to other websites.

e. merge our website with another website or content or materials with other platforms.

• You may use the platform or trademark in a specific manner buy you do not have the right to refer our trademarks to suggest that you have affiliation or endorsement by Gobizcrm, business partners, affiliates, or associates.

7. Rules of fees and payment

• You have to pay certain fees to sell your user products on the platform. Evoit will give notice of such fees and the options on the platform. We offer Subscription model.
• Upgrading your account You can upgrade to the Subscription model anytime only if you have paid all the invoices or outstanding amounts.
• Subscription model Under this mode, you have to pay a subscription fee for the subscription plan that you select. You have no transaction fees or monthly hosting fees in case of the subscription model. For smooth processing, the transactions and applicable fees charged by 3 rd party service providers like payment gateways will apply to the respective terms and conditions.
• Subscription fees All the subscription fees should be paid in advance irrespective of the subscription plan chosen. Evoit will present an invoice and after payment, you will get a payment receipt. By opening an account you give the right to Evoit to debit the subscription fees from your payment source.
• Subscription renewals To continue the services without disruption, your subscription will automatically renew on the recurring fees. Wherever applicable, Evoit will renew the services automatically for a renewal period and debit the applicable fees from your payment source on the subscription renewal date.

  For example:

  a. If your subscription plan is 6 months, each subsequent renewal period will be 6 months. We will send you a reminder by email before 7 days of the end of the current subscription period. So, you must cancel your subscription charges or change your subscription plan within 7 days before the subscription renewal date. We will automatically renew your subscription renewal date and charge applicable subscription fees. All the invoices for renewal subscription fees will be sent through electronic form or email within 7 days after the renewal date.

• Non-payment If you are not able to debit renewal subscription fees from your payment source for any reason, we may recover it at a later time or downgrade/disable your account without previous communication.
• Rebates or refunds Evoit will not refund or provide rebates on your subscription fees.
• Other fees You can use our services only after paying the applicable fees. Evoit has the right to change its pricing models or fees for the service anytime. We will provide you the information about the fees on the platform.
• Promotions Evoit may offer a promotion on price or fees on our services. Promotional pricing applies to the first charge and subsequent billings will be charged at the original price.
• Tax rules Fees exclude all the taxes and you must pay all the taxes relating to the use of the services.
• Currency Payments will be made in the currency mentioned in the Evoit invoice.

8. Services of Third-party

• We may enable you to use third-party services.
• Your access to use 3 rd party service or your purchase is only between you and the applicable 3 rd party service providers. The use of 3 rd party services offered on the platform in your own risk and it is subject to the terms applicable to 3 rd party services that you agree to be bound by.
• Any account that you open with 3 rd party service providers should be maintained by you and closed by you even if you do not use the services.
• If there is any dispute relating to 3 rd party services, it should be solved within the applicable 3-party service provider.
• Enabling 3-party services for use means you allow the 3 rd party service provider to access your data. Any exchange of data between you and 3 rd party service provider and Evoit is not responsible for the modification or deletion of your user content.
• You agree that Evoit has no control over 3-party services or endorsement, sponsorship, or authorization with such 3 rd party services.

9. Fee and service changes

• Fees relating to the use of services may change anytime and such change will be informed to you through notice.
• We have the right to modify or stop the services anytime without notice.

10. Rules of the downgrade, cancellation, and deletion of the account

Subscription model

• Cancellation of your subscription You can cancel your subscription or downgrade your account anytime. This applies to the platform after the subscription cycle and date.
• Deletion of account You can delete your account anytime by clicking on the option of “Delete Account” only after clearing outstanding fees.
• Cancellation by Gobizcrm We have the right to stop your service or delete your account in case of non-compliance with our terms or non-payment of outstanding fees. We are not liable for any effect that this deletion has to you.
• Cancellation of our subscription by either party for any reason a. Evoit will downgrade your account at the end of the current subscription period.
  b. You will not receive any refunds or rebates, pro-rate, or otherwise.
  c. Your renewed subscriptions will discontinue at the end of the subscription period for which you made the payment.
  d. If your user website was listed on the Gobizcrm, the listing will disconnect unless you pay the fees.

11. Rules of Social interactions and discussion forums

• Evoit does not make representations or warranties about forums, emails, private messages, blogs, and other electronic mediums that are available through services. You own the risk to use any such information.
• Any information that you post in the discussion area must comply with Evoit terms. We have no obligation to monitor or check the discussion areas but may delete or edit any content posted by you in the discussion areas.

12. Rules of notices

• Notice from us We will provide you the notice through the following methods:
  a. Pop-up on the platform or by banner or your account.
  b. through email
  c. through the contact number or residential address that you provided us.

  The notice of Evoit will be deemed received within 24 hours after it is sent through any of the methods unless given in the notice.

• Notices from you You can give us notice on our designated email ID and it will be deemed received upon receipt.

13. Disclaimer of Warranties

• No warranties or representations

  Services are given on “as is” and “as available” basis. All the information on the platform is for informational purposes only. We do not represent or warrant any title, non-infringement of 3 rd party rights, satisfactory quality, or merchantability. We do not give warranty for:

  a. timeliness, commercial value, or the accuracy of the information on the platform or user website.
  b. security for the platform or services or correctness of the services.
  c. Computer virus or malicious software, corrupting code, macros, or agent. You are solely responsible for protecting your system from viruses, data, and malware.
  d. the security of the data provided by you or to you through platform or services.

14. Copyright Infringement reporting rules

• If you believe that any user has copied or used your data or done copyright infringement, you must contact our customer support.
• On receiving notice, we will immediately stop the access of such users to your account. You can reply with a counter-notification against the compliant. The complainant has 14 days after we get a counter-notification to seek a court order stopping the user to do infringing activities, otherwise, we will give back the data.

15. Limited liability

• No directors, officers, employees, or agents of Evoit are responsible for any loss of goodwill, reputation, or business.

• We are not responsible for any damaged due to:

  a. use or access to our platform or services
  b. mistakes or errors in the content made available through the platform or services
  c. unauthorized access or use of our services or any personal data stored
  d. cessation or interruption from or to the services.
  e. your use of 3 rd party services or use of other websites connected to the platform.
• Evoit is not responsible for any liability that arises due to host equipment failure, network failure, acts or wars, censorship, and natural events.

16. Rules of Indemnity

• You agree to indemnify Gobizcrm, directors, officers, shareholders, affiliates, and employees from any damages, losses, or claims that arise from:

  a. Your breach of any term of Evoit terms.
  b. Your breach of 3 rd party rights including privacy rights or copyright from user content or user website.
  c. Any other damage or claim caused by your user website or user content.
• Evoit may use any information that is available about you to stop such breach of terms, inappropriate use of the platform, or services. We may disclose your personal information to the 3 rd party.

17. General rules

• Amendments You agree that we may amend Evoit terms anytime by posting the relevant terms on the platform. You must check these terms regularly. In case of conflict between the present version of Evoit terms and any previous version, the current versions shall prevail unless otherwise expressed. If you do not agree to changes in Evoit terms, you must stop using our platform.
• Rules of Acknowledgement of Acceptance You shall be deemed to have read and agreed to our terms and conditions by clicking on the options of “Agree”, “Sign-Up”, “Accept”, “Continue” or “Submit”.
• Governing laws The contract shall be governed by and construed in accordance with the laws of India and You agrees to be subject to the exclusive jurisdiction of the Delhi Courts
• Agreement Evoit terms include the full agreement between you and Evoit and include all the communications and agreements between you and Gobizcrm.
• No waiver No waiver of any breach of the terms of service shall be deemed to be a waiver of any subsequent breach.
• Severability If any provision of the terms is considered as unlawful, void, or invalid by the court, then such provision is deemed severable and does not affect the remaining provisions of the terms.
• Sub-contracting or delegation We have the right to sub-contract or delegate the functions relating to platform or services. We have the right to use subcontractors or service providers as we find proper.
• Binding and conclusive You agree that any records maintained by us or our service providers are binding and conclusive on you for all the purposes.
• Assignment You cannot assign your rights under Evoit terms without our written permission. It is null and void if you assign any rights without our consent. We have the right to assign these rights to any 3 rd party.
• 3 rd party rights A person who is not a party to the agreement shall not have the right to enforce any term of Evoit terms.
• Force Majeure We are not responsible to you or 3 rd party for any failure to perform our obligations under the terms of service due to natural disaster, the act of war, civil disorder, failure of electricity, or any other event.

18. Summary of Schedule 1- Definitions

1. Definitions

• Evoit account It means your account that you open with Evoit for using the services.
• Affiliate Affiliate is the company that is a subsidiary of Evoit directly or indirectly or any way related to Gobizcrm.
• Annual custom domain fee It means the yearly fee payable by users who buy the domain through the platform according to the terms and conditions.
• Authorized Payment source It means any mode of payment that you authorize Evoit payment gateway and it may include debit card, credit card, e-wallet, and bank account. Fees, expenses, and charges in connection with the account or
• Business partners A business partner means business partners or associates who introduce you to the platform and services.
• Content Content includes images, texts, logos, photos, video clips, slogans, and other materials that are posted on the platform.
• Deletion It means to delete the account along with the user website, user products, and user content.
• Discussion forums and other social communications It means any private messages, forums, emails, blogs, and other electronic channels about the services, either on the social media, platforms, or other channels used by Gobizcrm.
• End-user End users are the users and visitors of the user website.
• Fees Fees, as per Evoit terms are the charges for use of the services.
• Invoice Invoice is the document that is given by Evoit after payment of fees.
• Monthly Hosting Fees It means the monthly fee payable by accounts.
• Payment Due Date It means the due date given in the invoice issued by Evoit for fees payable.
• Platform The platform is the mobile version and web owned by Gobizcrm. It also includes mobile apps maintained by Gobizcrm.
• Processing fees It means fees on overdue invoices that are not paid within the due date.
• Prohibited Product It means any content, product, or services prohibited from promoted or sold on the platform or the services.
• Services It means the information and services available on our platform.
• Gobizcrm, “we”, “us” or “our” It means Evoit Company with a registered address and its affiliates.
• Gobizcrm It is the platform used by Evoit to list user products from user website for end-users.
• Subscription model In this model, the charges of the plan are for the fixed subscription price.
• Taxes It means all the taxes including service tax, added tax, sales tax, and other taxes or duties charges by requires authorities.
• Third-party services 3 rd party services mean apps, software, products, and services that are available through our platform and services.
• Trademark It means the logos, trademarks, trade names, and service marks displayed on the Evoit platform.
• “You” or “User” It means every user of the platform or services including all the individuals for whom you provide access to the platform.
• “User Agreement” It means the agreement between the user or you and Evoit that regulates the use of the platform or services.
• User content It means photos, data, and graphics posted on your user website.
• User product It means any product or content that you sell through our platform.
• User website It means any website that you create on the platform.

2. Interpretation

• The words “include”, “include”, or “including” will be deemed to be followed by the phrase “without limitation”.
• Unless specified otherwise, the number of days means calendar days and months mean the number of months as per calendar months.
• Clause headings are only for convenience and do not affect the terms of the service.
• In the case of conflict between the terms of services, such conflict shall be solved by Evoit favor.

20. Schedule-2

We do not allow products such as:

• Adult products or pornography services or escort services.
• Marketing products such as software, email lists, and email messages.
• Body organs or body parts.
• Child pornography including pornographic materials
• Copyrighted content like unauthorized copies of music, books and movies, modchips.
• Unauthorized goods or products that are not endorsed by celebrities or the products containing counterfeit stamps.
• Illegal drugs, magic mushrooms, urine test additives, drug cleansing shakes, and salvia, and other herbal drugs.
• Endangered species of organisms, plants, and animals.
• Lottery tickets, memberships in online gambling sites, and sports belts.
• Fake government IDs including diplomas, titles, or passports.
• Hacking materials including how-to guides, tools enabling illegal use of software, manuals, servers, and watomites.
• Illegal goods or products promoting illegal goods.
• Miracle cures including remedies or unsubstantiated cures.

• Offensive goods including products, literature or materials that

  a. criticize any person based on religion, gender, or ethnicity.
  b. motivate violent acts
  c. promote hatred
• Offensive goods including crime scene photos or items.
• Herbal drugs or prescription drugs
• Materials that are flammable, toxic and radioactive materials
• Goods such as batteries, car titles, police badges, pesticides, slot machines, surveillance tools, and postage meters.
• Cigars, tobacco, cigars, and e-cigarettes.
• Stocks, bonds, and other financial products.
• Weapons such as traffic signal changers, radar detectors, license plate covers, and related products.
• Animal skin or other parts of the animals like teeth, skins, and claws.
• Currency exchanges and discounted currencies.
• Sites that use the matrix scheme approach.
• Any information about your work at home.
• Products, goods, and services that do not comply with applicable laws and regulations.