Terms and Conditions

These terms and conditions are the terms on which Evolutionary Insights, a Dev Drive B.V. (Dutch CoC reg. #70368988) brand ("Evolutionary Insights", "We" or "Us") permit You to access and use the Website and view and interact with any information, content, advice or material provided by Us.
This Website is intended for use by educational, professional and commercial organisations. By accessing and using this Website (as defined below) or any portion thereof, You accept and agree to be bound by these Terms.You should review these Terms carefully. if You do not accept these Terms, You must not access or use the Website.

Our Privacy Policy and all other notices, communications and terms specific to certain Services (Additional Information) We provide through the Website will form part of these Terms. To the extent of any inconsistency or conflict between the Privacy Policy, the Additional Information and these Terms, the Privacy Policy will prevail followed by these Terms and then the Additional Information.
By using this Website, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age (a Minor), that You are using the Website with the consent of Your parent or legal guardian and that You have received Your parent's or legal guardian's permission to use the Website and agree to its Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold Us harmless if the Minor breaches any of these Terms.

1. Definitions

means an account registered through the Website
means a method of accessing the Website other than navigating to the Website using a web browser.
means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Website.
Credit Pack
means a Service where Members pay a Fee and are issued a limited number of Credits based on the number of tests that they (or Related Users) wish to take.
means the allocated number of credits a Member receives based on the type of test, quiz, exam, course or assessment purchased.
Direct Communication
means email, SMS, instant message or any other direct electronic communication.
EU/UK Data Protection Laws
  1. in respect of Europe, the GDPR and all data protection laws and regulations applicable to Europe, including (i) GDPR; (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); and
  2. in respect of the United Kingdom (UK), the UK GDPR and any applicable national legislation that replaces or converts into domestic law the GDPR or any other law relating to data and privacy as a consequence of the UK leaving the European Union.
means any fee required to become or maintain the status of Paid Member.
means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC.
means a Member who has registered an administrator account on the Website to create and administer tests, polls and learning content.
Intellectual Property
means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered.
means any Content submitted to the Website by You.
means a Registered Member or Paid Member.
Registered Member
means a person, or organisation that has registered an Account.
means these website terms and conditions between You and Us.
means online calculators and other analytical tools, templates, formulas or software available through the Website which can analyse user provided data and generate reports and other outputs based on that data.
means any purchase of or payment for Services or Tools facilitated via the Website.
means any services offered by Us through the Website.
means the Data Protection Act 2018 (UK).
means any person who uses the Website, including to take tests.
Our, We, Us
means Evolutionary Insights, a Dev Drive B.V. (Dutch CoC reg. #70368988) brand.
means Content, Material, information, features, Tools and Services and Applications We make available through URL at www.Evolutionary-Insights.com, whether currently existing or developed in the future.
You, Your
mean the customer or user of the Website, including a Member or User.

2. Access and use of the Website

  1. You may access and use the Website subject to these Terms (including the payment of any applicable Fees).
  2. You agree and acknowledge that the Website has been developed to facilitate educational, professional and commercial organisations providing students, staff and stakeholders with quizzes, tests, courses and other assessments in an on-line environment. You warrant that You will not use the Website for anything other than for this purpose.
  3. You acknowledge and accept that access to and use of parts of the Website, Tools, and Services offered on the Website may:
    1. be restricted, including limitations regarding reasonable usage of the unlimited questions and Content functions, as determined by Us in Our discretion;
    2. be subject to disclaimers, terms and conditions in addition to these Terms; and/or
    3. require payment of a Fee.
  4. The imposition or removal of any access or use restrictions for any part of the Website is at Our discretion.

3. Privacy

You agree that You will comply with your obligations under applicable data protection laws and acknowledge that You have provided notice and where required obtained (or will obtain) any consents necessary under applicable data protection laws to allow Us (i) to process Your personal data and that of any Member within Your organization, or of any person You register or provide a pre-registered ID, and (ii) to provide the Services pursuant to these Terms and any Data Protection Addendum.

We will process Member personal data only for the purposes described in these Terms and any Data Protection Addendum, and only in accordance with Your documented lawful instructions.

4. Registering an Account and becoming a Registered Member

  1. By registering an Account, You warrant to us:
    1. You have entered a valid and operating email address, a password and all other information requested in the registration section of the Website;
    2. You have read and agree to be bound by these Terms.
  2. Accepting these Terms is an important part of the registration process and You should carefully read these terms before registering an Account on the Website.
  3. You must keep Your Account password confidential. You are responsible for any activities or transactions made using Your Account and We are not liable for any damage or loss which results from unauthorised access to Your Account. You must immediately notify Us of any unauthorised access or use of Your Account of which become aware via the "Contact Us" section of the Site.
  4. Your Account is not transferable.
  5. Registering an Account and becoming a Registered Member is free.
  6. You must only register one free Account, including trial Accounts.

5. Credits

  1. Members who have purchased credits, will be eligible to take a personal test, quizzes, exams, courses, assessment or assign them to participants of a team.
  2. Members must purchase extra Credits if they wish to continue testing but exceed the number of participations/participants

6. Refunds

  1. a. To the maximum extent permitted by law, you will not be entitled to recover any Fees or Credits that have been used for a test, quiz, exam, course or assessment.
  2. b. You can file a request to transfer unused credits from one test, quiz, exam, course or assessment to another, as long as this test, quiz, exam, course or assessment for which the credits were purchased has not been started.

7. Your Conduct

  1. You must not:
    1. use the Website in breach of any applicable laws or regulations.
    2. solicit personal information (including name, email address, address, phone number, IP address, or any other information that could, directly or indirectly, identify a child) from a child under 13 years of age (16 for EU residents unless provided otherwise by applicable law);
    3. violate the privacy rights of any person, including but not limited to submitting personal information about a person without their consent (or their parent's consent in the case of a child under 13 years of age) (16 for EU residents unless provided otherwise by applicable law);
    4. use the Website (or Content obtained from the Website):
      1. to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
      2. to impersonate any person or entity;
      3. to solicit money, passwords or personal information from any person;
      4. to harm, abuse, harass, stalk, threaten or otherwise offend others; or
      5. for any unlawful purpose;
    5. use the Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Content that:
      1. is not Your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the Intellectual Property or other rights of another person;
      2. contains, promotes, or provides information about unlawful activities or conduct;
      3. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Content that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
      4. exploits another person in any manner;
      5. contains nudity, excessive violence, or sexual acts or references;
      6. includes an image or personal information of another person or persons unless You have their express written consent;
      7. poses or creates a privacy or security risk to any person;
      8. You know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; contains viruses, worms, Trojan horses, spyware, malware or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
      9. directly advertises, promotes or solicits any goods or services or commercial activities (except where permitted or authorised by Us);
      10. contains financial, legal, medical or other professional advice;
      11. interferes with, disrupt, or create an undue burden on the Website;
      12. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website;
      13. use the Website with the assistance of any automated scripting tool or software;
      14. frame (except when embedding your exams in your website for Users to take) or mirror any part of the Website without Our prior written authorisation;
      15. use code or other devices containing any reference to the Website to direct other persons to any other web page;
      16. except to the extent expressly permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so; or
      17. delete any attributions or legal or proprietary notices on the Website.

8. Content

  1. We derive Content from sources which We believe are accurate and up to date as of the time of publication, however, We do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any Content provided via the Website.
  2. You indemnify and release Us from all liability for any claim or loss that directly or indirectly results from Your reliance on any Content provided on the Website.
  3. We may engage third parties to author, design or provide Content for inclusion in the Website. You acknowledge and agree that in relation to all the Website Content contributed by third parties:
    1. any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and
    2. despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it.

9. Tools

  1. The Website may enable You to upload, post or submit Material using online Tools.
  2. You acknowledge and accept that when using Tools:
    1. the processing outputs generated by Tools are dependent on the accuracy and suitability of the data You provide and input into the Tool;
    2. any Tools provided on the Website utilise processes and calculations which are intended to have a general application and accordingly may not be suitable for Your specific requirements; and
    3. all Tools, and any output generated by Tools, are intended to provide guidance only and any reliance You place on the outputs and results generated by Tools is entirely at Your own risk.
  3. All data and information You upload to a Tool will be handled in accordance with Our Privacy Policy.

10. Transactions

  1. All Transactions in respect to the payment of Fees will be conducted via a third party's secure website. These Transactions are covered by these Terms and any additional third party terms or conditions. Please ensure that You have read the terms and conditions of the third party responsible for conducting the Transaction.
  2. By completing a Transaction, You agree to pay all amounts related to the Transaction including all taxes. We may suspend or terminate Your Account and/or access to the Website if Your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, You expressly authorize Us and/or Our third party payment processor to charge the applicable Fees to said payment method at regular intervals if required by Your particular Paid Membership and utilized Services. You are liable for paying any and all applicable sales and use taxes.
  3. You acknowledge and accept that Transactions occurring through the Internet have inherent risks and We are not responsible for any unauthorised:
    1. interception, modification or diversion of a Transaction request or delivery of a Tool;
    2. access or copying of details relating to a Transaction (including personal or financial information); or
    3. failure to deliver a Tool, where that failure is not directly caused by Our deliberate actions.
  4. We reserve the right to modify, suspend, reject or cancel any Transaction for any reason.

11. Communications from Us

All Direct Communications from Us to You will be in accordance with Our Privacy Policy. You expressly consent and agree to accept and receive electronic communications from Us, including via e-mail, text message, calls, and push notifications to Your mobile device to inform you of updates and changes to the Services. These electronic communications are part of Your relationship with Us. Unless otherwise prescribed by law, You agree that any notices, agreements, disclosures or other communications that We send You via email will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to Your use of certain Services and/or use of text messaging and You are solely responsible for such charges.

12. Material

  1. You may submit, upload, add or post Material to the Website for the purpose of designing and creating tests and exams for Users or in the case of Users taking test.
  2. At the time of submitting Material to the Website, You grant Us a non-exclusive, irrevocable, royalty free and worldwide right to use and deal with Your Material for the purpose of designing tests for You to give to Users and Related Users for the duration that Your Account is open.
  3. At the time of submitting Material to the Website, You grant Users and Members a perpetual, non-exclusive, irrevocable, royalty free and worldwide right to use and deal with Your Material that You have authorised to be shared with Users and Members for the purpose of taking tests.
  4. We do not retain ownership in any Material provided by You.
  5. By uploading, transmitting, posting or otherwise making available any Material via the Website, You:
    1. warrant that You have the right to grant the above mentioned licences referred to in this clause 8.
    2. warrant that any Material does not infringe any third party's Intellectual Property;
    3. warrant that the Material does not breach the Terms; and
    4. unconditionally waive all moral rights (as defined by the Dutch Copyright Act 1912) which You may have in respect of the Material.
  6. Any Material that You do not want to share with other Members or Users, must not be set to 'Shared' on the Website. All Material are set as 'Private' by default and not shared.
  7. Materials that are set to be shared with other Members or Users will stay on the Website unless We remove it in accordance with these Terms.
  8. We reserve the right, at Our absolute discretion, to remove any Material at any time.
  9. We reserve the right (but have no obligation) to:
    1. review, modify, reformat, reject or remove any Material which You upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in Our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
    2. monitor use of the Website, and store or disclose any information that We collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
  10. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Website by any person other than Us. For the avoidance of doubt, We will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Website simply by facilitating others to post, transmit or other make Material available. Furthermore, We do not endorse any opinion, advice or statement made by any person other than Us.
  11. If You send or transmit any communications, comments, questions, suggestions, or related materials to Us, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Website or any Services, Materials or Tools offered through the Website, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other Intellectual Property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
  12. Closing Your Account
    1. Publishers and Users may close their Account and all related information will be deleted
    2. An Account (including an Publisher Account) can be deleted, after two years' of inactivity (that is, without any log in) at Our discretion.

13. Suspension and Termination

  1. We reserve the right, without notice to You and at Our complete discretion, to suspend, terminate or refuse to register Your Account, if We believe You:
    1. have breached any part of these Terms;
    2. are likely to breach any part of these Terms;
    3. have failed to pay a Fee;
    4. have acted against Our business interests or reputation; or
    5. are using the Website in such a way as to cause issues for other users of the Website.
  2. You will not be entitled to recover any Fees if Your Account is closed in accordance with this clause 16.
  3. Either party may suspend or terminate Your Account, for convenience with 30 days’ notice to the other party in writing, in which case You will be entitled to receive a prorated refund of any pre-paid fees.

14. Intellectual Property

  1. By accessing and using the Website, You acknowledge and agree that:
    1. We either are the licensee of or own all right, title and interest in the Intellectual Property utilised by or embodied in the Website and You will not hinder, impede, invalidate or challenge Our ownership or right to use or register any part of such Intellectual Property in any way, or do any act which may diminish the value of such Intellectual Property;
    2. any use, downloading, copying, adaption, modification, communication or reproduction of any part of Website or the Intellectual Property utilised by or embodied in the Website is strictly prohibited unless necessary for and incidental to Your access and use of Website; and
    3. You must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Website, the Content, the Services, or any Intellectual Property therein or thereto.
  2. Certain software, including open source software, and other Content provided or available through the Website may be stated to be subject to special or additional rules or conditions which will form part of these Terms.

15. Modifying, updating, suspending and terminating the Website

  1. While We use reasonable endeavours to ensure that the Website is available continuously, We do not make any representations or warranties that Your access will be uninterrupted, timely, secure or error free. Your access to the Website or to your Account may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond Our control.
  2. We reserve the right to modify or update the Website (including any Content, Tools or Services offered via the Website) or suspend or terminate access to the Website or any part of the Website at any time and at Our absolute discretion, without notice or liability to You.
  3. We may change these Terms at any time by posting the updated Terms on the Website and, if You have registered for an Account, by notifying You via email. Any change or modification to the Website or these Terms is effective immediately upon them being posted on the Website. If any such change or modification is unacceptable to You, You must not use the Website. If following any such change or modification You continue to use the Website or any part thereof, then You will be deemed to have accepted those changes or modifications; if You do not agree with any of the updated Terms, You must stop using the Website.
  4. We will notify any affected Registered Member without undue delay in the event we learn of a personal data breach involving such Registered Member's Account.

16. Advertising and Hyperlinks

  1. We may feature or display third party advertising. By featuring or displaying such advertising, We do not in any way represent that We recommend or endorse the relevant advertiser, its products or services.
  2. If You contact a third party using functionality provided on the Website, including via e-mail, We do not accept any responsibility for any communications or transactions between You and the relevant third party.
  3. We have no control over and are not responsible for the content of any third-party:
    1. site for which a hyperlink is provided or displayed on the Website;
    2. site framed within the Website; or
    3. advertisements displayed on the Website.
  4. We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites.
  5. Hyperlinks are provided on the Website for Your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the Website is not an endorsement, approval or recommendation of the linked website or its content.
  6. We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites You should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at Your own risk absolutely.

17. Back-Up; Data Deletion

  1. We will make every reasonable effort to protect and backup data for Registered Members on a regular basis, however, We do not guarantee the existence, accuracy, or regularity of Our backup services and, therefore, Members are solely responsible for independent backup of data stored on the Website in relation to that Member's Account.
  2. If You choose to delete Your Materials, testing data or the data of Your Related Users, You are solely responsible for ensuring that such data is properly backed-up prior to deletion. We are not responsible for any Materials or data that are lost as a result of Your voluntary deletion.
  3. Test takers may request that their testing data be deleted by Us. Upon receipt of such request, We will provide the applicable Publisher with ten (10) business days to export and/or backup such data before We delete it.
  4. Related Users may request that their testing data be deleted by Us. Upon receipt of such request, the applicable Publisher may decide to export and/or backup such data. Within ten (10) business days of the Related Users request, the data will be automatically deleted.

18. Disclaimer

  1. To the maximum extent permitted by law, the Website and all Content on the Website is provided on an "as-is, as-available" basis, and We exclude and disclaim to the maximum extent permitted by law all guarantees, conditions, warranties or terms of any kind, either express, implied or statutory, in nature. Further, We explicitly disclaim the following: ALL CONTENT, TOOLS OR OTHER DATA ON THE WEBSITE IS PROVIDED AS GENERAL GUIDANCE ONLY AND SHOULD NOT BE USED FOR ANY SPECIFIC PURPOSE OR IN SUBSTITUTION FOR SPECIALISED INDEPENDENT ADVICE.
  2. If You have a question or concern about the appropriateness or application of anything on the Website You must seek advice from a relevantly qualified business consultant.
  3. We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Website or Content for any particular purpose or specific business or that the Website can be used in relation to any business in substitution for proper specialised independent advice.
  4. We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from Your reliance upon the Website or the Website's inability to meet Your needs.
  5. The use of and Your reliance upon the Website is entirely at Your own risk. When using Website information will be transmitted over a medium which may be beyond Our jurisdiction or control. Information and files available from the Website cannot be guaranteed to be secure, free from computer viruses or other faults or defects and You should scan and check such data accordingly. We do not warrant and cannot ensure the security of any Material or Content You may transmit to the Website.
  6. We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website which is beyond Our direct control. For the avoidance of doubt We do not accept responsibility for any interference or damage to Your computer system which may arise in connection with Your use of the Website.

19. Liability

  1. To the fullest extent permitted by law
  2. To the fullest extent permitted by law, to the extent that Our liability for breach of any implied warranty or condition cannot be excluded by law, Our liability will be limited to:
    1. in the case of services supplied or offered by Us:
      1. the re-supply of those services; or
      2. the payment of the cost of having those services re-supplied; and
    2. in the case of goods supplied or offered by Us:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of having the goods replaced; or
      4. the payment of the cost of having the goods repaired.
  3. In relation to any express warranty or condition set out in the Terms in connection with goods or services supplied or offered by Us via the Website, Our liability to You will be limited to the amount(s) paid by You (if any) in respect of those goods or services.

20. Indemnity

  1. You agree to fully indemnify and hold Us harmless against any expenses, costs, loss (including consequential loss) or damage that We may suffer or incur as a result of or in connection with Your use of, access to or conduct in connection with the Website including any breach by You of the Terms.

21. General

  1. To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
  2. Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
  3. We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
  4. These Terms are governed by and construed in accordance with Dutch law.You irrevocably submit to the jurisdiction of the court of Roermond in the Netherlands
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