Terms of Service

Last updated: 29 April 2023

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Evaah web application (the "Service") operated by ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to 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 do not have permission to access the Service.

Accounts: When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Third-Party Logins: The Service allows you to log in via third-party services, such as Google and Twitter. By logging in with these services, you agree to share basic profile information with us. We do not have control over or assume responsibility for the content, privacy policies, or practices of any third-party services.
Content: Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (Content). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Prohibited Uses: You agree not to use the Service for any unlawful purpose or to engage in any conduct that would violate these Terms. You also agree not to use the Service to harass, abuse, or harm others or to promote or engage in any illegal activity.
Intellectual Property: All intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, in the Service and its content, including but not limited to the EVaah web application, text, graphics, logos, and images, are owned by us or our licensors. You acknowledge that the Service and its content are protected by applicable intellectual property laws, and you agree not to use, copy, reproduce, distribute, or create derivative works based on the Service or its content without our prior written consent.
User Data: By using the EVaah Service, you grant us the right to collect, store, and process your personal data, including but not limited to your search history and favorite vehicle list, in accordance with our Privacy Policy. We will use this data to improve the Service and provide personalized recommendations.
Termination: We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability
Indemnification: You agree to defend, indemnify, and hold harmless EVaah and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability: In no event shall EVaah, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer: Your use of the Service is at your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. EVaah, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law: These Terms shall be governed and construed in accordance with the laws, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us: If you have any questions about these Terms, please contact us at admin[@]evaah.com.
Miscellaneous: These Terms, together with our Privacy Policy, constitute the entire agreement between you and EVaah with respect to your use of the Service. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. In the event of any litigation or dispute arising out of or relating to these Terms or your use of the Service, the prevailing party shall be entitled to recover its reasonable attorneys fees and court costs from the non-prevailing party. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by EVaah without restriction. Any attempted transfer or assignment in violation of these Terms shall be null and void. You agree that any cause of action related to the Service or these Terms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.