END USER LICENSE AGREEMENT

IMPORTANT: Please read the terms and conditions of product application set out below carefully prior to download, installation, copy or use. THROUGH DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE YOU ARE EXPRESSING YOUR CONSENT TO THESE TERMS AND CONDITIONS.

The software, as defined below, is protected by copyright, which is held by EVONDT.

This Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information.

Effective 14 September 2022

The software is Licenced, not sold. By clicking the ‘accept/agree’ button, or by installing or using EVO Tool, You are consenting to be bound by the following agreement as well as the licensing policy and the privacy policy

A: Definitions

‘Agreement’ means this agreement as varied from time to time.
‘Commencement Date’ means the date of acceptance of this Agreement by the Licencee/User.
‘Computer’ refers to any personal computer running at least on Windows 7 operating system.
‘Features’ mean the features available from the EVO Tools website and software
‘Licence’ means the non-exclusive licence or licences granted by Evondt to the Licencee to use the Software pursuant to this Agreement.
‘Software’ means the computer program known as EVO Tool developed by Evondt to be operated on a system with a minimum of Windows 7 operating system, and any related customisation created by Evondt, and includes all associated systems and processes, documentation and any modifications, alterations, amendments or developments made to the software or processes from time to time,

B:software Licence terms

Time License:

Licence to using EVO Tool is time-based and comes in three lengths, being 90, 180 and 365 days.

The term commences from the Commencement Date and stops at the conclusion of the term.

Users may extend the term by purchasing extension during the term.

All technical support and customer service from Evondt will end after the term expires.

B1: Disclaimer and limitations of liability

Nothing in this EULA excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a consumer guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.

In no event shall Evondt be liable (whether for breach of contract, negligence or for any other reason) for any loss arising from your use of the Software. This paragraph does not, and nothing in this EULA shall act to, exclude or limit our liability for death or personal injury resulting from our gross negligence or fraud.

The use of the Software comes with guarantees that cannot be excluded under the Australian Consumer Law. Where there is a failure to comply with a consumer guarantee, the User is entitled, and Evondt’s liability to the User is limited, to the re-supply of the Software, or the reasonable costs of having the Software re-supplied.

Evondt, including its officers, Directors, employees, agents and related companies that arise in connection with the use of the Software is not liable for any action the User may take as a result of any breach by the User of this EULA and by the User relying on any information (including misinformation) displayed in the Software.

The User will indemnify Evondt in respect of any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees on a solicitor/client basis) suffered or incurred by Evondt.

The User will defend, indemnify and hold harmless Evondt and its affiliates against all costs, expenses, losses, damages and claims made against Evondt arising from or related to any infringement or claim of infringement of any third-party’s intellectual property arising from the User’s or its users’ modification of the Software.

Evondt shall not be liable to any party for any consequential loss, loss of profits, loss of data, business interruption or any form of indirect loss.

C:Refund Policy

Refunds may be granted on a discretional basis if the Software repeatedly fails to operate or cannot be installed, provided that every reasonable means to correct the issue has been applied. In such cases, the User should open a ticket to notify the customer service of EVO Tool about the issue and should provide all the necessary details to ensure that all possible means to solve the problem have been exhausted.

  • The User is entitled to a full refund within 14 days of the date of purchase, unless the reasons you give contradict the terms of this Agreement.
  • Refund can only apply to primary (first) EVO Tool subscriptions provided directly by Evondt. Refund on subscriptions provided by authorised resellers need to be taken up with and processed by the resellers.
  • Evondt is not required to provide a refund if the User change his mind.
  • Refund is considered and processed on a case by case basis depending on the User’s individual circumstances surrounding his use of the Software. Under some circumstances, Evondt may not be able to provide a refund if the reason for refund is unreasonable and completely out of Evondt’s control, for example:
  • The target computer no longer has Internet access after purchasing Evondt’s products.
  • The User does not follow the installation guidelines provided by Evondt.
  • The User does not have administrator control on the target computer.
  • If the User expects to use EVO Tool on more than one target device when he or she purchased only one subscription.
  • In many cases, the failure of the process (relating to enhanced features) is caused by the hardware of the mobile device, not software. Evondt cannot fix hardware errors. Evondt could only provide possible technical solutions for errors, therefore hardware error on the User’s part may not be considered reasons for refund.

Environmental dependence of device manufacturers

  • In case of major changes in the software or hardware of the Mobile device manufacturer, EVO Tool cannot guarantee that the features will remain operational, and it shall not be liable for any damages resulting from partial or total loss of compatibility.
  • EVONDT is not obliged to provide compatibility updates for beta versions of mobile device manufacturers and is not expected to provide technical support to users who install beta software. However, we usually quickly update our software and our technical support team welcomes reports from users.