Evomind Systems Inc.
Last Updated: May 14, 2026
These General Terms and Conditions (the "Agreement") are a binding legal agreement between you and the legal entity you represent ("Customer", "you", or "your") and Evomind Systems Inc. ("Evomind", "Spadigo", "we", "our", or "us") governing access to and use of Spadigo software, websites, APIs, mobile applications, and related cloud services (collectively, the "Service"). By clicking to accept, creating an account, using the Service, or signing an order form, you agree to this Agreement.
You represent and warrant that you are at least the age of majority where you reside and have authority to bind Customer. If you use the Service on behalf of an organization, you bind that organization to this Agreement.
Subject to this Agreement and payment of all Fees, Evomind grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service for internal business purposes.
We may suspend or limit access immediately, without liability, if we reasonably believe your use creates legal, security, operational, or financial risk, violates this Agreement, or if Fees are past due.
Subscriptions automatically renew for successive terms equal to the initial term unless canceled before renewal. Fees are due in advance unless otherwise stated on an Order Form.
Late amounts may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs. We may suspend or terminate for non-payment.
Except where required by non-waivable law, all Fees are non-cancelable and non-refundable, including prepaid amounts and partial-term usage.
Fees are exclusive of taxes, duties, levies, or similar governmental assessments. Customer is responsible for all such charges, excluding taxes based on Evomind's net income.
We may change Fees on prospective renewal terms by providing notice before renewal. Continued use after the effective date constitutes acceptance.
Billing disputes must be submitted in writing within thirty (30) days of the invoice date, or the invoice is deemed final and accepted.
Either party may terminate for material breach not cured within ten (10) days after notice. Evomind may terminate immediately for unlawful activity, fraud, abuse, insolvency, sanctions risk, or security threats.
Upon termination, all rights granted to Customer end immediately. Customer remains liable for all accrued Fees. We may delete or anonymize Customer Data after thirty (30) days following termination unless legally prohibited. Customer is solely responsible for exporting required Customer Data before termination or within the 30-day period.
Customer is solely responsible for Customer Data, including legality, accuracy, quality, permissions, and compliance with privacy, employment, healthcare, consumer, and marketing communications laws.
Our processing of personal data is governed by our Privacy Policy and any applicable data processing terms we provide. Customer instructs Evomind to process personal data as needed to provide the Service.
Customer is responsible for obtaining all required consents for SMS, email, and other communications sent using the Service, honoring opt-outs, and complying with TCPA, CASL, and similar laws. Carrier fees may apply.
Customer is responsible for account credential confidentiality and activity under its Accounts. Notify us immediately of unauthorized access.
Evomind and its licensors own all right, title, and interest in and to the Service, including all software, technology, content, trademarks, and improvements. No rights are granted except as expressly stated.
Customer grants Evomind a worldwide, non-exclusive, royalty-free license during the term to host, process, transmit, and display Customer Data to provide the Service. Evomind may use de-identified and aggregated data for analytics, security, and service improvement.
Each party will protect the other party's confidential information using reasonable care and will use it only for purposes of this Agreement. Confidential information excludes information that is publicly available without breach, already known without restriction, independently developed, or lawfully received from a third party. A party may disclose confidential information when required by law.
The Service may integrate with third-party providers (including payment processors, messaging providers, app stores, and cloud providers). We do not control and are not responsible for third-party services, terms, downtime, data practices, or failures.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." EVOMIND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOMIND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVOMIND'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO EVOMIND FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Customer will defend, indemnify, and hold harmless Evomind and its officers, directors, employees, affiliates, contractors, and agents from and against all claims, damages, liabilities, losses, fines, penalties, costs, and expenses (including reasonable legal fees) arising from or related to Customer Data, Customer's use of the Service, Customer's breach of this Agreement, or Customer's violation of applicable law.
This Agreement is governed by the laws of British Columbia, Canada, without regard to conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute, claim, or controversy arising from or relating to this Agreement or the Service will be finally resolved by confidential, binding arbitration administered by the Vancouver International Arbitration Centre (VanIAC) under its applicable rules then in effect. Seat of arbitration is Vancouver, British Columbia, Canada. Proceedings will be in English. Judgment on the award may be entered in any court of competent jurisdiction.
Either party may seek interim or injunctive relief in any court of competent jurisdiction to protect confidentiality, intellectual property, or security interests, without waiving arbitration rights.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE NOT SUBJECT TO ARBITRATION.
Customer will not use or allow use of the Service in violation of export control, trade sanctions, or anti-boycott laws. Customer represents it is not located in, ordinarily resident in, or controlled by persons in restricted jurisdictions or on prohibited party lists.
Evomind is not liable for delay or failure to perform caused by events beyond reasonable control, including internet failures, cloud outages, telecommunications disruptions, labor disputes, government actions, natural disasters, war, or cyberattacks.
Evomind Systems Inc.
Email: info@evomindsystems.com
For legal notices, contact us at the email above unless a different address is provided in writing.