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.
Information) We provide through the Website will form part of these Terms. To the extent of any inconsistency or
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.
- 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
- Direct Communication
- means email, SMS, instant message or any other direct electronic communication.
- EU/UK Data Protection Laws
- 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
- 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.
- UK GDPR
- 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
- You may access and use the Website subject to these Terms (including the payment of any applicable Fees).
- 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
- You acknowledge and accept that access to and use of parts of the Website, Tools, and Services offered on the
- be restricted, including limitations regarding reasonable usage of the unlimited questions and Content
functions, as determined by Us in Our discretion;
- be subject to disclaimers, terms and conditions in addition to these Terms; and/or
- require payment of a Fee.
- The imposition or removal of any access or use restrictions for any part of the Website is at Our
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
- By registering an Account, You warrant to us:
- You have entered a valid and operating email address, a password and all other information requested in
registration section of the Website;
- You have read and agree to be bound by these Terms.
- 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.
- 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.
- Your Account is not transferable.
- Registering an Account and becoming a Registered Member is free.
- You must only register one free Account, including trial Accounts.
- 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.
- Members must purchase extra Credits if they wish to continue testing but exceed the number of
- 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.
- 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
7. Your Conduct
You must not:
- use the Website in breach of any applicable laws or regulations.
- 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);
- 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);
- use the Website (or Content obtained from the Website):
- to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails,
instant messaging, "spimming," or "spamming";
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purpose;
- use the Website to upload, post, transmit or otherwise make available (or attempt to upload, post,
transmit or otherwise make available) any Content that:
- 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;
- contains, promotes, or provides information about unlawful activities or conduct;
- 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
- exploits another person in any manner;
- contains nudity, excessive violence, or sexual acts or references;
- includes an image or personal information of another person or persons unless You have their express
- poses or creates a privacy or security risk to any person;
- 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
- directly advertises, promotes or solicits any goods or services or commercial activities (except where
permitted or authorised by Us);
- contains financial, legal, medical or other professional advice;
- interferes with, disrupt, or create an undue burden on the Website;
- 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;
- use the Website with the assistance of any automated scripting tool or software;
- 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;
- use code or other devices containing any reference to the Website to direct other persons to any other
- 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
- delete any attributions or legal or proprietary notices on the Website.
- 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.
- 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.
- 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:
- any views or opinions expressed in that Content are the views and opinions of that third party and not
- 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
- The Website may enable You to upload, post or submit Material using online Tools.
- You acknowledge and accept that when using Tools:
- the processing outputs generated by Tools are dependent on the accuracy and suitability of the data You
provide and input into the Tool;
- 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
- 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.
- 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.
- 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
- You acknowledge and accept that Transactions occurring through the Internet have inherent risks and We are not
responsible for any unauthorised:
- interception, modification or diversion of a Transaction request or delivery of a Tool;
- access or copying of details relating to a Transaction (including personal or financial information); or
- failure to deliver a Tool, where that failure is not directly caused by Our deliberate actions.
- We reserve the right to modify, suspend, reject or cancel any Transaction for any reason.
11. Communications from Us
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
- 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.
- 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.
- 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.
- We do not retain ownership in any Material provided by You.
- By uploading, transmitting, posting or otherwise making available any Material via the Website, You:
- warrant that You have the right to grant the above mentioned licences referred to in this clause 8.
- warrant that any Material does not infringe any third party's Intellectual Property;
- warrant that the Material does not breach the Terms; and
- unconditionally waive all moral rights (as defined by the Dutch Copyright Act 1912) which You may have in
respect of the Material.
- 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.
- 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.
- We reserve the right, at Our absolute discretion, to remove any Material at any time.
- We reserve the right (but have no obligation) to:
- 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
- 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
- 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.
- 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.
- Closing Your Account
- Publishers and Users may close their Account and all related information will be deleted
- 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
- 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:
- have breached any part of these Terms;
- are likely to breach any part of these Terms;
- have failed to pay a Fee;
- have acted against Our business interests or reputation; or
- are using the Website in such a way as to cause issues for other users of the Website.
- You will not be entitled to recover any Fees if Your Account is closed in accordance with this clause 16.
- 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
- By accessing and using the Website, You acknowledge and agree that:
- 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;
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- We have no control over and are not responsible for the content of any third-party:
- site for which a hyperlink is provided or displayed on the Website;
- site framed within the Website; or
- advertisements displayed on the Website.
- We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party
- 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.
- 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
- 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
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
To the fullest extent permitted by law
- ALL GUARANTEES, CONDITIONS AND WARRANTIES CONCERNING THE WEBSITE (WHETHER AS TO QUALITY, OUTCOME, FITNESS,
CARE, SKILL OR OTHERWISE) EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW, EQUITY, TRADE, CUSTOM OR USAGE OR
OTHERWISE ARE EXPRESSLY EXCLUDED AND IN RESPECT OF THOSE GUARANTEES, CONDITIONS, WARRANTIES OR TERMS WHICH
CANNOT BE EXCLUDED BY LAW BUT WHICH CAN BE LIMITED BY LAW, OUR LIABILITY TO YOU IS LIMITED TO THOSE
APPLICABLE REMEDIES CONTAINED IN THE DUTCH CONSUMER LAW AND WHICH ARE SET OUT IN PARAGRAPH (b). YOU AGREE
THAT SUCH REMEDIES ARE YOUR ONLY REMEDY IN RESPECT OF SUCH GUARANTEES, CONDITIONS, WARRANTIES OR TERMS;
- IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, OR ANY OTHER
THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY LOSS, COSTS OR DAMAGES (INCLUDING, WITHOUT
LIMITATION, ECONOMIC OR CONSEQUENTIAL LOSS, LOST PROFITS OR SPECIAL DAMAGES) RESULTING FROM THE USE OF OR
INABILITY TO USE THE WEBSITE, WHETHER ARISING UNDER STATUTE OR IN CONTRACT, TORT OR ANY OTHER LEGAL
DOCTRINE, AND WHETHER OR NOT WE ARE OR OUGHT TO HAVE BEEN AWARE OF, OR ADVISED OF THE POSSIBILITY OF SUCH
LOSS, COSTS OR DAMAGES;
- WE ARE NOT LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY ACCESS
TO, USE OR MISUSE OF THE WEBSITE; AND
- REMEDIES UNDER THESE TERMS ARE EXCLUSIVE
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:
in the case of services supplied or offered by Us:
- the re-supply of those services; or
- the payment of the cost of having those services re-supplied; and
in the case of goods supplied or offered by Us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of having the goods replaced; or
- the payment of the cost of having the goods repaired.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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