Welcome to the Evolver community! We are delighted that you have joined us on this journey towards a healthier and more active lifestyle. Before you dive into the exciting experience offered by our application (hereinafter referred to as the ‘App’ or ‘Evolver’), it is essential that you understand and agree to our terms of use (hereinafter referred to as ‘Terms of Use’).
At Evolver, we are committed to providing you with an experience that is more than just an app – it’s a place where the community comes together to inspire each other, set goals and excel. Our Terms of Use are designed to ensure that every member contributes to this positive and motivating atmosphere.
We invite you to explore our Terms of Use in detail to understand how to optimize your experience on Evolver, as well as to familiarize yourself with your rights and responsibilities as a user of our platform.
Thank you for being a part of this exciting community. We are excited to join you on your journey to a healthier and more active life – welcome to Evolver!
1.BEFORE YOU START
– Identification
The General Terms and Conditions and License of Use herein are entered into, on the one hand, by EVOLVER SPORTS, S.L., validly existing and constituted under the laws of the Kingdom of Spain, with registered office at Carril de la Serrería, 30, Polígono Industrial Vila Rosa, 29004, Málaga, with Tax Identification Number (NIF) 56.748. 072, as the owner of the application Evolver Make Real Connections (hereinafter, the App or Evolver), and, on the other hand, by you, as the User, understood as the natural person, of legal age, who freely and voluntarily downloads, installs or accesses Evolver, regardless of whether or not you make use of the services and tools offered at any given time (hereinafter, the User).
– What is Evolver?
Evolver is an application available for mobile devices (phones and tablets) running iOS or Android systems. You can access this application through the Apple App Store or Google Play. This platform aims to promote and manage the interaction between Users in the context of joint sports practice. Registration in the application is required for its use.
– Gratuity and Use of the App
Evolver is free to download, install and use.
– Internet Access Requirements
Evolver requires devices with Internet access. However, the application does not provide access to the Internet or mobile phone networks. You are responsible for paying any applicable fees to your Internet service provider or mobile operator. We recommend that you review the terms of access and fees with your provider before using the App.
– Means of Contact
Evolver provides the User with different means of contacting the owner of the application. These channels are intended to resolve doubts, deal with complaints or receive suggestions.
– Advertising on Evolver
Evolver may contain its own or third party advertising.
2. EVOLVER RULES (Special Registration Conditions):
Before using our application, it is necessary to register by creating an account. To do so, you must follow the steps indicated in the App and comply with the following requirements:
1. Minimum age: You must be at least 18 years old or meet the legal age established in your country to use our application. This ensures that all members of our community are legally eligible to participate.
2. Legal Permissions: By using Evolver, you agree to comply with your country’s laws and regulations regarding the use of applications and social networks. It is essential to have the necessary legal permissions to use our platform in accordance with local laws.
3. Other Obligations: In addition to the above, you will need to comply with the following issues:
4. Be authentic: Use only one account with your real details – you are unique, and that’s great!
5. Privacy and respect: Don’t use other people’s accounts without their permission. We all deserve respect and privacy.
6. Personal responsibility: You are responsible for what you do on your account. Be cool and responsible!
7. Security first: Keep your account secure and up to date. Your password is your secret and only you should use your account. Never share it or sell it to anyone else.
These rules are essential to maintaining a safe and positive environment for all Evolver users. By following these guidelines, you are helping to create a community focused on wellness and fitness collaboration.
By using our app, you agree that we may collect and use your data in accordance with the terms and conditions set out in our Privacy Policy.
If at any time you decide to delete the app, you can do so by going to the profile section. The account will be deleted immediately. However, it is important to note that Your Content (as defined below) may take a few days to be completely deleted from the app. All profile information will be treated in accordance with our Privacy Policy.
In addition, if you delete your account and within the stipulated period of time try to create a new account with the same login details, your old account will be reactivated.
Evolver reserves the right to verify the User’s profile, and may delete or suspend the account in the event of non-compliance with these or any other applicable legal texts or if we detect inappropriate behaviour on the part of the User.
3. TYPES OF CONTENT:
At Evolver, content is classified into three types:
1. ‘Your Content’, content that you upload;
2. ‘User Content,’ content that is uploaded by other users; and
3. ‘Our Content,’ provided by Evolver.
3.1. Content Notes for Evolver
At Evolver, we strive to maintain a safe, respectful and collaborative sports-focused environment. To ensure a positive experience for all of our users, it is important to establish clear guidelines about the type of content that is prohibited on our platform.
Below are the types of content that are not allowed on Evolver.
1. Illegal or Fraudulent Content: Any activity or content that violates the law or is fraudulent, such as promoting illegal activities, selling illegal products, etc.
2. Violent or Threatening Content: Material that promotes violence, harassment, bullying, intimidation or any type of aggressive behavior.
3. Offensive or discriminatory content: Posts, comments or images containing hate speech, discrimination based on race, gender, sexual orientation, religion, etc.
4. Sexually explicit content: Images, messages or descriptions of a sexual nature that may be offensive or inappropriate.
5. Spam or unsolicited content: unwanted messages, excessive advertising or repetitive content that interferes with the user experience.
6. Copyright Infringing Content: Postings that use copyrighted material without permission or in an illegitimate manner.
7. False or misleading information: Content that propagates false, misleading or fraudulent information that may be harmful to users or the community.
8. Content that encourages the use of drugs or alcohol: Postings that promote irresponsible use of prohibited substances or alcohol.
9. Unauthorised personal information: Posting of personal information about third parties without their consent, such as telephone numbers, addresses, etc.
10. Activities that go against the community rules: Any content that violates the rules set by the application or that may be detrimental to the user community.
3.1.1. Your Content
These guidelines are designed to promote a friendly, inclusive and legal environment for all members of our community. By following these guidelines, you contribute to maintaining a positive space to enjoy our joint sporting activities.
On Evolver, your Content is unique and you are responsible for it, including the Stories you post through Evolver. You agree to indemnify, defend and hold us harmless from any claims related to your content. What you post is your responsibility.
With respect to Stories, you acknowledge that after posting, Stories will remain posted on Evolver for 24 hours, after which time you may remove them from the App.
You may not include personal or banking information, such as names, addresses, phone numbers, emails, in your profile or posts. Any disclosure of personal information to other users is at your own risk, so please exercise caution when doing so, just as you would in other environments.
Evolver is a public community, so your Content will be visible to other users of the App around the world immediately. By uploading your Content, you warrant that you have the necessary rights and automatically grant us a non-exclusive, perpetual, worldwide license to use your Content in a variety of ways, including editing, copying, adapting, distributing and other uses necessary to make it available to other users.
This license may also be assigned to our affiliates and successors without requiring your approval. We are not obligated to store your Content, so if it is important to you, we recommend that you make a copy.
3.1.2. User Content
In Evolver, users will also share their content on the application. This content will belong to those who post it and will be stored on our servers, displayed on the App according to each user’s choice.
You have no rights to other users‘ content and may only use other users’ personal information if it is related to the purpose of Evolver, which is to allow people to connect and get to know each other. You may not use other users’ information for commercial purposes, spam, harassment, abuse or illegal activities. We reserve the right to delete your account if you misuse another user’s information.
3.1.3. Our Content
All intellectual and industrial property rights to Evolver and Our Content, including the programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinctive signs and other elements contained therein belong exclusively to Evolver, including the Evolver Make Real Connections trademark, or it has sufficient rights and/or authorizations to exploit them.
With respect to your use and downloading of the App, by virtue of your acceptance of these Terms, and provided that as a User you comply with all of your obligations under these Terms or any other applicable terms and conditions, Evolver grants you a non-exclusive, non-assignable, non-sublicensable, worldwide license to use the App, as offered from time to time, for as long as it remains installed on your device (the License to Use), pursuant to which:
- You are authorised for unlimited downloading and installation of the App on your mobile device, although measures may be implemented to limit the number of simultaneous connections from a single location or IP address at any one time.
- You are also authorised to access and use the App, as long as it is active and available, for private and private purposes. Under no circumstances are you authorised by virtue of the Licence of Use to use the App for commercial purposes and/or purposes other than those set out in the previous section.
This License of Use does not imply the transfer of any intellectual or industrial property rights over Evolver or over any content contained therein. The intellectual property rights over the App and all the elements that comprise it (including the programming, design, applications, graphics, codes, text or images contained therein, as well as the published content and the technology associated therewith) are the exclusive property of Evolver or Evolver has the sufficient rights or authorizations to exploit them.
As a consequence of the foregoing, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even quoting the sources, is prohibited, except with the prior, express and written consent of Evolver or of the exclusive holder of the rights affected.
Users must own the rights to any content they upload to Evolver, and Evolver shall in no event be liable for such actions and content.
4. EVOLVER OBLIGATIONS
By using Evolver, you agree to do the following:
a. Use Evolver in a diligent, correct and lawful manner, always respecting current legislation, morality and good customs, as well as public order.
b. Periodically review these Conditions, or any other that may be applicable, checking for any modifications that may occur.
c. Review the communications that Evolver sends you, as they may contain important information.
d. Not to use Evolver for commercial purposes, especially to collect information or content for the purpose of providing services that are clearly in competition with Evolver.
e. Do not modify or attempt to modify in any way, or take any action or use any means to simulate the appearance or functions of Evolver.
f. You may not damage, disable, overburden, impair or interfere with the service (or the network(s) connected to the service), or interfere with its use and enjoyment.
g. You may not take any action that introduces computer viruses, worms, Trojan horses or any other malicious code designed to interrupt, destroy or limit the functionality of Evolver.
h. You may not reverse engineer and/or decrypt, decompile or use any other means to learn Evolver’s source code.
i. In any case, not to carry out any act that may violate the rights or interests of Evolver or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets, etc.).
j. Respect the provisions of these legal texts.
5. USER REPORT
At Evolver, we strive for a respectful community. If you encounter any abuse or inappropriate content, we encourage you to report it through our contact channels or by using the ‘Block and Report’ feature in profiles or chats. We reserve the right to investigate any infringement of our policies, user or third party rights, and may, at our discretion, suspend a user’s access or remove inappropriate content without notice, as detailed in our stipulation 2.
We do not exercise control over the actions or expressions of users, so you are responsible for your interactions on Evolver. By agreeing to these Terms of Use, you release Evolver and its successors from any claims, demands, losses, damages, rights or actions, including personal injury, death or property damage, that may arise directly or indirectly from your interactions with other users of the platform.
Any misuse of our interfaces available on Evolver is prohibited unless expressly stated in a separate agreement with us.
6. PRIVACY
To learn more about how Evolver collects, uses and treats your information, we recommend that you review our Privacy Policy.
7. USE OF YOUR IMAGE
At Evolver, we love to highlight your sporting moments. By joining our community, you give us permission to use your photos and videos in the App. This means that:
Your permission: You agree that we can use your photos and videos in the App. But don’t worry, this is only to show your sportsmanship and to motivate other users.
Your guarantee: You promise that you have the right to give us permission to use your photos and videos. If someone claims that this is not the case, you help us to solve it, together we can keep everything in peace!
Your responsibility: If an image is not yours or you have doubts about the rights, it is important that you check and inform us. We want to make sure we always respect everyone’s rights.
Your participation in Evolver means that you agree to us using your image to help the community get motivated and share amazing moments.
8. MESSAGING ON EVOLVER
At Evolver, we love it when you communicate with other users. Here’s how messaging works:
What you can send: You can send text messages, posts, links or content to other users. But be careful, we don’t control what you share with each other.
Sending messages: You can send messages to any Evolver user, even if they haven’t logged in before! But don’t worry, if you don’t like it, you can block or reject those messages.
We’re not responsible for content: If someone shares something they shouldn’t or you feel uncomfortable, let us know. We care about maintaining a safe environment. Write to us atreporte@evolverapp.com.
Important rules for everyone:
a. Share content that is appropriate for everyone.
b. Only share what you have the right to share.
c. Treat everyone with respect. d. Let’s maintain a space where everyone feels comfortable and respected. e. Follow the rules and the law!
9. AUTOMATIC NOTIFICATIONS
– Let’s Stay Connected
We love to keep you up to date with Evolver news and improvements. How do we do that? We’ll send you messages and notifications via email, text message or directly to your mobile phone. These alerts may include changes to the App, new features or important updates you need to know about.
It is essential that you receive these notifications, as they are a fundamental part of our terms and conditions and keep you informed about the terms governing your Evolver experience. If you would like more details about how we handle these communications, we recommend you review our Privacy Policy.
Remember, we cannot be held responsible if you do not receive any information or notification. So, let’s keep the lines of communication open so we don’t miss anything important!
– Your Control, Your Choices
At Evolver, we give you total control. When you install the App, you can decide if you want to receive alerts and notifications. If you choose not to receive them, don’t worry, we won’t send you any! And if you choose to accept them, they will automatically arrive on your device.
But the magic doesn’t end there. If at any time you prefer not to receive these automatic alerts or notifications, you can easily turn them off. Just adjust the notification settings on your mobile device. Also, if you want to stop receiving other messages, such as emails or text messages, follow the instructions provided in those messages or send us a request at feedback@evolver.com.
Oh, and don’t forget that the App can offer you content, products or services based on your location. To do this, use tools such as GPS or Bluetooth on your mobile phone. If you disable these features or do not allow the App to access your location, you may miss out on certain location-based content or services. You can find more details about how we use your location information in our Privacy Policy.
Remember, at Evolver, your experience is personalised and you are in complete control!
10. AVAILABILITY OF THE APP AND EXCLUSION OF LIABILITY
Evolver works to ensure that the App, our content and user content are always available. However, when you access the App, Evolver will be displayed according to availability and limitations at any given time.
In addition, despite Evolver’s ongoing efforts to protect the systems and content contained within the App, using standard Internet security standards, no guarantees can be made regarding any intrusion or loss of information that may occur. Similarly, the absence of viruses or other harmful elements in the App or in third-party websites that may cause alterations in the User’s computer system, both software and hardware, cannot be guaranteed. For this reason, you acknowledge and understand that there are situations that may be beyond Evolver’s control.
While we do our best to provide an amazing experience, it is important for you to know that Evolver and its owners are not responsible for any direct or indirect damages you may experience while using the App. This includes loss of data, property damage, injury during sporting events or any other unfortunate situation that may arise while interacting with our platform.
Our goal is to provide you with the tools to connect and train, but it is crucial that you understand that participating in sporting activities carries risk. Therefore, by joining one-on-one events or training through Evolver, you assume responsibility for any injuries, damages or consequences that may result from your participation. In short, you waive any and all claims or demands against Evolver and its owners related to these events.
In addition, by creating or joining an event, you agree that the responsibility for what happens at the event rests solely with the users participating in the event. Once the event is over, neither Evolver nor the Owner shall be responsible for what happens during the event. We act as an intermediary between users. Before joining or creating an event, we will ask you to agree to this disclaimer. This ensures that the responsibility lies with the participants during the events, exempting Evolver and the Owner, as we simply facilitate the interaction between our users.
Finally, please note that Evolver may include links to third-party sites, for which Evolver assumes no responsibility and does not endorse or review their functions or content. By accessing any link posted on the App, you do so at your own risk and Evolver assumes no responsibility or liability whatsoever.
11. INDEMNIFICATION
– Penalties and Compensation
If any user does not comply with Evolver’s rules, we may have to apply measures such as restricting their access to the platform for a certain period of time. The length of this restriction will depend on the severity of the non-compliance. However, it is important to remember that this restriction will not entitle you to any compensation.
In addition, if Evolver suffers any damages, losses or costs (including legal fees) as a result of a user’s non-compliance, that user will be responsible for compensating Evolver for those inconveniences. This covers any third party claims arising from such breaches.
– Your Liability at Evolver
Everything you share and do on Evolver is your responsibility. By using the app, you agree to protect, hold harmless and defend Evolver and our partners, licensors, affiliates, employees and agents from any claims, damages, legal actions, costs, and expenses (including legal fees) that may arise from:
Any oversight or error on your part.
Your use of Evolver.
The content you share on the App.
The Stories you post on the App.
Any violation of our Terms of Use.
Violations of the laws or rights of others.
We reserve the right to pursue any claims against us without your permission. If necessary, we expect you to cooperate fully in the defense of any claim.
However, this provision does not apply to compensate Evolver for unfair acts or acts of fraud, deception or misrepresentation on the Evolver app.
12. TERM
These terms and conditions will be in effect from the time you accept them until they are terminated in accordance with the terms described herein.
If you wish to delete your account, you may do so at any time by going to the ‘Profile’ section of the application and following the instructions to cancel your account.
In the event that Evolver determines, in its sole discretion, that you have violated any part of these Terms of Use, have misused the application, or have engaged in conduct that Evolver deems inappropriate or illegal (whether on or off the application), Evolver reserves the right to:
Notify you by email (at any address you have provided) about the breach;
Remove your user content;
Terminate your account;
Notify or cooperate fully with the appropriate authorities; and/or
Take any other action Evolver deems appropriate.
You acknowledge that terminations for cause will be at Evolver’s sole discretion and that we will not be liable to you or any third party for termination of your account.
Termination of these terms or your account will result in the loss of access to your account and the information and content associated with your account.
If your account is terminated for any reason, all provisions of these Terms that should survive termination will survive termination, including the arbitration agreement, ownership clauses, warranty disclaimers, and limitations of liability. Our treatment of your information will be governed by our Privacy Policy.
13. MISCELLANEOUS
– Modification of the Conditions
The Terms of Use may be updated from time to time.
We may update these Terms of Use from time to time. As Evolver evolves, we reserve the right to modify, adjust or change these Terms at any time (‘Change’). If we make changes, we will post them on this page, indicating the effective date at the end of the Terms of Use. In certain cases, we will notify you of changes by email. Occasionally, we will ask you to agree to such changes, but we will let you know.
It is important that you check this page periodically to stay aware of any changes, because by continuing to use Evolver after each change, you are accepting and agreeing to be bound by the new Terms. If you do not agree to these updates, we encourage you to stop using Evolver immediately, although we understand that this may be a difficult decision.
– Additional Aspects
If any part of these conditions is invalid according to the competent authority, we will try to interpret it in a way that reflects its original intention. But that will not affect the validity of the other parts.
If we do not insist on strict compliance with any part of these conditions, it does not mean that we will waive our right to require it in the future.
14. JURISDICTION AND VENUE
The relationship between Evolver and the User shall be governed by the laws of Spain. In the event of disputes, if the User is considered a consumer and/or user as defined by applicable law, disputes shall be resolved by the Courts and Tribunals of the User’s domicile. In situations where this condition does not apply, disputes will be settled in the Courts and Tribunals of Torremolinos.