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Evertel
Terms of Service

Last updated: October 18, 2022

These Terms of Service describe your rights and responsibilities when using Evertel’s communications platform and related software, services and collaboration tools, including, without limitation, the Evertel mobile application (the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

The Parties

You may be a Customer or a User.  Customers are Agencies or third parties that have contracted with Us to provide a workroom or workgroup.  Users are parties that our Customers have authorized or validated to access and utilize their workroom(s).  Unless otherwise indicated, the terms “You” and “Your” apply to both Customers and Users.  If you are not an authorized user of a Customer, you are not a User and you may not use the Service under any circumstance.

Customers

Customers (and the Users that they authorize) may only use our Services by paying for Our Services (the “Fees” ), which Fees must be paid according to Our payment terms.  If a Customer does not timely pay our Fees, We have the right to immediately terminate the Customer’s access and use of Our Services (and all Users which Customer has authorized).

Term and License

Each Customer (and their Users) has the right to utilize Our Services for the period of time for which Our Fees are paid, or until either Customer requests termination of Our Services or we terminate our Services to You for violation of Our Policies (the “Term”).   During the Term, Users may access Our Services via Customer-approved browser-enabled devices and each User has a limited, non-exclusive license to download the Evertel™ mobile application onto Customer-approved electronic device(s) for use in accessing Our Services.

If Customer violates the Policies, We have the right to terminate Customer’s (and Customer’s Users) access and use of Our Services (including the Evertel mobile application).  As a User, the Customer that authorized Your access may terminate your access to Our Services, such as based upon a violation of its policies.  All provisions of the Terms which by their nature should survive termination shall survive termination.

Other Policies and Changes to Policies

You agree to adhere to any terms, conditions, policies or other notices of Us, including any privacy policy, our Data Security Policies, and our Service Level Agreement (the “Policies”), and any Master Services Agreement entered into by You and Us. In the event of a conflict between these Terms of Service and a Master Services Agreement between you and us, the Master Services Agreement shall control with respect to such terms.  As a User, you agree to adhere to all terms of use or other policies of the Customer who has authorized your access to the Service.  As a User, you agree that Customer is solely responsible for informing You of any Customer policies or terms of use that apply to Our Services, to obtain or grant any rights for You to access and use Our Services, and resolve any dispute you may have regarding Our Services.

We reserve the right, at our sole discretion, to modify or replace the Policies, including these Terms, at any time (including changing Our Fees and the scope of Our Services). If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Content

Our Service allows You to post, link, store, share and otherwise make available text, graphics, audio, videos and other information (“Content”).  You are responsible for all Content and the Content remains owned by You and is under Your access and control.  You bestow and grant Us a perpetual, non-exclusive license of sufficient scope to  allow Us to carry out the necessary functions of our Services (including but not limited to the right to store (including for back-up purposes), replicate and distribute, the Content).

From time to time we may disseminate proprietary messages or information to You.  Any such information is meant to stay with You and within the Services (including the Evertel™ mobile app) only and should not be shared.

As further detailed in Our separate Data Security Policies, the following provisions apply to You and Your Content:

Access and Use of Content

You are solely responsible for monitoring Your Content, including the use and access thereof by Your Users.  You are responsible for establishing incident response capabilities in the event You believe Your Content has been lost or stolen or is being accessed by an unauthorized third party, and You will immediately notify Us of any such events.

Access to Your Content is controlled by a unique Customer access code, which code is used to control User access to Your Content.  You are responsible for protecting the secrecy of this code so as to ensure that only authorized parties are able to access Your Content.  You will notify us immediately in the event the code is lost or falls into the possession of any unauthorized parties.

Our Service (including Your Content) may contain links to third-party websites or services that are not owned or controlled by Us. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

Data Retention

You are solely responsible for compliance with all federal, state, and local requirements relating to the retention of records/data that may apply to your Content.

Your Content is available for You to download, including to Your own server(s), at any time.

At any time, You may complete and send to us Our formal written request (the “Data Deletion Request”) that We delete all or specific portions of Your Content associated with Our Service.  Upon receiving the Request, We will endeavor to transfer to You a copy of the Content that You have asked that We delete within forty-eight(48) hours and We will then delete the requested Content and no longer retain a copy thereof.

Upon termination of Our Services, unless requested earlier by You, We will retain one or more backup copies of Your Content for a period of one (1) year, and thereafter We will transfer a copy of Your Content to You and then delete the Content and no longer retain a copy thereof (if You request such during the one (1) year period, We will endeavor to transfer a copy of Your Content to You in forty-eight (48) hours and then delete the Content after such transfer).

You agree to create archival copies or backup copies of all Data. You hereby expressly acknowledge that the Services are not intended to be a data backup service, and agree not to use the Services as a data backup service.

CJIS Policies

Relative to Our Services, We will make reasonable efforts to facilitate Your compliance with applicable federal, state, and local data, transmit, storage, and handling requirements, including the rules and regulations of the Criminal Justice Information Services Division (CJIS) of the FBI (including the latest CJIS Security Policy).  However, it is ultimately Your responsibility to ensure compliance with all such requirements and You acknowledge that using our Services alone does not make You CJIS compliant and You agree to ensure such, including by ensuring that appropriate data exchange agreements are in place.  These Terms and Our Data Security Policies outline the data protection roles, responsibilities, and data ownership of Your Content.

The CJIS Security Addendum is a uniform addendum to an agreement between a government agency and a private contractor, approved by the Attorney General of the United States, which specifically authorizes access to criminal justice information, limits the use of the information to the purposes for which it is provided, ensures the security and confidentiality of the information is consistent with existing regulations and the CJIS Security Policy, provides for sanctions, and contains such other provisions as the Attorney General may require.

We have incorporated the CJIS Security Addendum by reference into all Evertel Master Services Agreements and these Terms of Service service contracts. The CJIS Security Addendum may be found at Appendix H to the CJIS Information Services Security Policy.

Other Matters

Our Policies, including these Terms, shall be construed as having been entered into by You in the State of Nevada and shall be interpreted in accordance with the laws of the State of Nevada.  You consent to the exclusive jurisdiction of the courts located in Clark County, Nevada, for any legal action arising out of or relating to Our Policies and Our Services.  The parties agree that the prevailing party in any legal action shall be entitled to recover its reasonable costs and attorney’s fees.

You agree that Your use of Our Services will not violate any law or the rights of any third party, including but not limited to the intellectual property rights or privacy rights of any third party.  You agree to indemnify and hold Us harmless against any actions, damages, or any claims whatsoever which arise from or relate to any such violation or alleged violation.

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EVERTEL DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, EVERTEL HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE EVERTEL SERVICES INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT IT IS COMPLIANT WITH ALL LAWS AND REGULATIONS APPLICABLE TO CUSTOMER, AND EVERTEL MAKES NO REPRESENTATION OR WARRANTY AS TO CUSTOMER’S COMPLIANCE WITH SUCH LAWS OR REGULATIONS, INCLUDING, WITHOUT LIMITATION, THE CRIMINAL JUSTICE INFORMATION SERVICES SECURITY        POLICY (CJIS). SEE the Evertel  CJIS   Compliance   Matrix (https://www.getevertel.com/wp-content/uploads/Evertel-CJIS-Compliance-Matrix-and- Responsibilities.pdf?x95296) for specific security policies and practices for Evertel and its compliance with the CJIS Security Policy.

EXCEPT AS OTHERWISE AGREED, IN NO EVENT DO WE HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, WHETHER SUCH ARE INDIRECT, SPECIAL, OR OF OTHER TYPES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY (AND WHETHER RELATING TO OR DUE TO LOSSES, DEATH, INJURY TO PERSON OR REPUTATION, OR OTHER EVENTS), WHETHER ARISING FROM OR RELATING TO THE USE OF OUR SERVICES OR THE INABILITY TO USE OUR SERVICES (WHETHER ARISING FROM OR RELATING TO: 1) THE USE OF ANY OF THE CONTENT OR THE INABILITY TO ACCESS CONTENT,  2) THE ACCURACY OR INACCURACY OF ANY CONTENT, 3) THE POSTING OR THE FAILURE TO POST CONTENT), AND/OR 4) ANY OTHER REASON.)

The Services support logins using two-factor authentication (“2FA”), which is known to reduce the risk of unauthorized use of or access to the Services. We therefore will not be responsible for any damages, losses or liability to Customer, Authorized Users, or anyone else if any event leading to such damages, losses or liability would have been prevented by the use of 2FA. Additionally, Customer is responsible for all login credentials, including usernames and passwords, for administrator accounts as well the accounts of your Authorized Users. We will not be responsible for any damages, losses or liability to Customer, Authorized Users, or anyone else, if such information is not kept confidential by Customer or its Authorized Users, or if such information is correctly provided by an unauthorized third party logging into and accessing the Services.

The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.

Contact Us

If you have any questions about these Terms, please contact us at support@getevertel.com