Clear terms. Fair use.

1. About these Terms

These Terms of Service govern access to and use of the evie.pro website, app.evie.pro platform, Evie products, trials, demonstrations, support channels and related services.

These Terms apply to:

• visitors to evie.pro;

• users of app.evie.pro;

• customer organisations using Evie;

• users invited into an Evie workspace; and

• any person or organisation accessing Evie services, unless a separate signed agreement applies.

In these Terms, Evie, we, us and our means BARCLAY ADVISORY SERVICES LTD, trading as evie.pro.

If you access or use Evie on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms. In that case, Customer, you and your refer to that organisation.

If there is a conflict between these Terms and a signed Master SaaS Agreement, Order Form, Statement of Work or Data Processing Agreement between Evie and a customer organisation, the signed agreement will take precedence for that customer to the extent of the conflict.

2. Who we are

Legal entity: BARCLAY ADVISORY SERVICES LTD
Trading name: evie.pro
Company number: 16006462
Registered office: Belmont Suite, Paragon Business Park, Chorley New Road, Horwich, Bolton, United Kingdom, BL6 6HG
Contact email: team@evie.pro

3. What Evie provides

Evie is a business-to-business project intelligence platform for project controls teams, commercial teams, construction and infrastructure contractors, client organisations and related project delivery teams.

Evie helps customers connect, structure, analyse and interpret project delivery information. This may include programme, commercial, progress, risk, action, governance, reporting and delivery information.

Evie may provide dashboards, summaries, insights, recommendations, reports, workflow tools, analysis and decision-support outputs.

Evie is provided as a decision-support tool. Evie does not replace professional judgement, project controls expertise, contractual administration, legal advice, commercial advice, planning advice or management decision-making.

4. Business use only

Evie is intended for business use only.

Evie is not intended for:

• personal, household or consumer use;

• use by children;

• use as a regulated professional service;

• use as a substitute for legal, commercial, planning, engineering, accounting or project management advice; or

• use in any environment where failure of the service could directly cause death, personal injury or severe physical or environmental damage.

5. Account registration and access

To use certain parts of Evie, users may need to create an account or be invited by a customer administrator.

Users must provide accurate account information and keep it up to date.

Customers are responsible for:

• deciding which users are invited to their Evie workspace;

• managing user access and permissions;

• removing users who no longer require access;

• ensuring authorised users comply with these Terms;

• protecting login credentials; and

• notifying Evie promptly of suspected unauthorised access.

Users must not share login credentials or allow unauthorised people to access Evie through their account.

We may suspend or restrict access where we reasonably believe an account has been compromised, misused or used in breach of these Terms.

6. Customer data

Customers may upload, connect, submit, create or generate data within Evie. This may include project, programme, commercial, progress, governance, reporting, risk, action, workflow, commentary and related business information.

In these Terms, Customer Data means data, files, content, information, materials and records provided to, uploaded to, connected to, generated within, or made available through Evie by or on behalf of a customer or its users.

Customers retain ownership of their Customer Data.

Customers grant Evie a limited right to host, process, transmit, copy, display, analyse and use Customer Data as necessary to:

• provide the Evie services;

• operate customer workspaces;

• generate outputs requested by the customer or its users;

• provide support;

• maintain security;

• troubleshoot issues;

• improve service reliability; and

• comply with law and these Terms.

Customers are responsible for ensuring that Customer Data is lawful, accurate, appropriate, relevant and suitable for use in Evie.

Customers are responsible for sanitising, minimising or removing personal data, confidential data or commercially sensitive information where appropriate before uploading, connecting or submitting it to Evie.

7. Customer systems and integrations

Evie may allow customers to connect, upload, import, export or otherwise interact with customer systems, third-party systems, files, databases or business applications.

Customers are responsible for:

• deciding which systems or data sources are connected to Evie;

• ensuring they have the right to connect those systems and provide that data;

• maintaining permissions, credentials and access rights for connected systems;

• ensuring connected data is lawful and appropriate;

• checking data quality, structure and completeness; and

• validating outputs generated from connected or uploaded data.

Evie is not responsible for the availability, accuracy, security, performance or terms of third-party systems unless expressly agreed in writing.

8. AI, analytics and decision-support outputs

Evie may use automation, analytics, algorithms or AI-assisted functionality to help produce insights, summaries, recommendations, reports, comparisons, classifications or other decision-support outputs.

Evie outputs may be incomplete, inaccurate, delayed, based on incomplete data or dependent on assumptions within the data provided by the customer.

Customers and users are responsible for:

• reviewing Evie outputs;

• validating outputs against source data;

• applying professional judgement;

• checking assumptions;

• deciding whether and how to act on outputs;

• ensuring contractual notices and submissions are accurate and properly authorised; and

• making their own project, commercial, legal, planning, engineering and operational decisions.

Evie does not provide legal, commercial, planning, engineering, accounting, claims, delay analysis or professional advisory services unless expressly agreed in a separate signed agreement.

No Evie output should be treated as a guarantee of project outcome, entitlement, liability, delay, cost recovery, programme acceptance, contractual compliance or commercial result.

9. Acceptable use

Users must use Evie lawfully, responsibly and in accordance with these Terms.

Users must not:

• use Evie for unlawful, harmful, fraudulent or abusive purposes;

• attempt to gain unauthorised access to Evie or another customer’s data;

• interfere with the security, integrity or performance of Evie;

• introduce malware, viruses, harmful code or malicious content;

• reverse engineer, decompile or attempt to extract source code, models, algorithms or underlying systems except where permitted by law;

• scrape, crawl, harvest or bulk extract data from Evie except through permitted export functionality;

• overload, disrupt or abuse Evie infrastructure;

• use Evie to process data they are not authorised to process;

• upload content that infringes third-party rights;

• use Evie to build or train a competing product, service, model or platform;

• misrepresent Evie outputs as independently verified professional advice; or

• remove, obscure or alter proprietary notices.

We may publish a separate Acceptable Use Policy. If we do, that policy forms part of these Terms.

10. Subscription, fees and payment

Fees, subscription terms, billing periods, usage limits, included users, included projects and commercial terms may be set out in an Order Form, proposal, invoice, signed agreement or other written confirmation issued by Evie.

Unless otherwise agreed in writing:

• fees are payable by invoice;

• fees are exclusive of VAT and other applicable taxes;

• invoices are payable within the payment period stated on the invoice;

• subscriptions are non-refundable once the relevant service period has started;

• customer access may be suspended for overdue payments; and

• Evie may charge for additional usage, services, integrations, support, configuration or bespoke work where agreed.

If no specific payment period is stated, invoices are payable within 30 days of the invoice date.

11. Trials and demonstrations

Evie may provide trials, pilots, demonstrations or evaluation access.

Unless otherwise agreed in writing, trial or demonstration access:

• is provided for evaluation only;

• may be limited in duration, scope, users, functionality or data volume;

• may be changed, suspended or withdrawn at any time;

• is provided without any commitment to continue service; and

• should not be used as the sole basis for live project, commercial or contractual decisions unless expressly agreed in writing.

Customer Data provided during a trial or demonstration may be deleted after the trial or demonstration ends unless the customer enters into a paid agreement or a different retention period is agreed.

12. Service availability and support

We will use reasonable efforts to make Evie available and operate it with reasonable skill and care.

Evie may be unavailable or degraded due to:

• planned maintenance;

• emergency maintenance;

• supplier outages;

• hosting issues;

• security incidents;

• internet or network issues;

• customer system issues;

• force majeure events; or

• circumstances outside our reasonable control.

Unless expressly agreed in a separate signed agreement, Evie does not provide a guaranteed uptime service level.

Support is currently provided primarily by email at team@evie.pro.

13. Changes to Evie

Evie may evolve over time. We may add, remove, modify, improve or replace features, functionality, user interfaces, workflows, reports, dashboards, integrations, analytics, AI-assisted capabilities and other parts of the service.

We will not intentionally make changes that materially reduce the core functionality of a paid service during a subscription period without reasonable cause.

Some features may be released as beta, pilot, experimental, preview or early-access functionality. Such features may be incomplete, changed, withdrawn or subject to additional terms.

14. Intellectual property

Evie and its licensors own all rights, title and interest in and to the Evie platform and services, including:

• software;

• source code;

• object code;

• databases;

• designs;

• workflows;

• interfaces;

• templates;

• dashboards;

• reports;

• analytics;

• models;

• algorithms;

• documentation;

• product names;

• branding;

• know-how;

• methodologies; and

• improvements, modifications and derivative works.

Customers and users must not copy, modify, distribute, sell, lease, sublicense, reverse engineer or create derivative works from Evie except as expressly permitted by these Terms or a signed agreement.

No rights are granted except as expressly stated.

15. Feedback

If customers or users provide suggestions, ideas, comments, requests, improvements or feedback about Evie, we may use that feedback without restriction or payment.

This does not give us ownership of Customer Data.

16. Confidentiality

Each party may receive confidential information from the other.

Confidential information includes information that is marked confidential or that should reasonably be understood to be confidential given its nature and the circumstances of disclosure.

Each party must:

• protect the other party’s confidential information using reasonable care;

• use it only for the purposes of the relationship between the parties;

• disclose it only to personnel, advisers, contractors or suppliers who need to know it; and

• not disclose it to unauthorised third parties.

Confidentiality obligations do not apply to information that:

• is or becomes public through no breach of these Terms;

• was already lawfully known;

• is received lawfully from a third party without confidentiality restrictions;

• is independently developed without using confidential information; or

• must be disclosed by law, regulation, court order or public authority.

17. Data protection

Each party must comply with applicable data protection laws.

Our Privacy Policy explains how we process personal data where we act as controller.

Where Evie processes personal data on behalf of a customer, the parties should enter into a Data Processing Agreement where required by law.

Customers are responsible for ensuring that personal data provided to Evie has been collected and shared lawfully and that relevant individuals have been given appropriate privacy information.

18. Security

We use reasonable technical and organisational measures designed to protect Evie and Customer Data.

Customers are responsible for:

• managing authorised users;

• setting appropriate access permissions;

• protecting credentials;

• controlling exports and downloads;

• maintaining security of customer systems; and

• notifying us promptly of suspected unauthorised access or security incidents affecting Evie.

No online service can be guaranteed to be completely secure.

19. Suspension

We may suspend or restrict access to Evie where we reasonably believe:

• there is a security risk;

• an account has been compromised;

• a user has breached these Terms;

• the customer has failed to pay overdue fees;

• continued access could harm Evie, other customers or third parties;

• suspension is required by law; or

• the customer’s use materially exceeds agreed scope or reasonable use.

Where reasonably practicable, we will notify the customer before or promptly after suspension.

20. Termination

These Terms apply while you access or use Evie.

A customer’s paid subscription, trial or service arrangement may terminate in accordance with the relevant Order Form, invoice, signed agreement or written confirmation.

We may terminate or suspend access immediately if:

• the customer or user materially breaches these Terms;

• fees remain unpaid after notice;

• use of Evie creates a security, legal or operational risk;

• the customer becomes insolvent or ceases business; or

• we are required to do so by law.

On termination, the customer and users must stop using Evie. We may delete or return Customer Data in accordance with the applicable agreement, Privacy Policy or Data Processing Agreement.

21. Disclaimers

Evie is provided with reasonable skill and care, but we do not guarantee that:

• Evie will be uninterrupted, error-free or always available;

• all defects will be corrected;

• outputs will be accurate, complete or suitable for a particular purpose;

• Evie will identify every issue, risk, delay, inconsistency, entitlement or commercial impact;

• Customer Data will be accurate, complete or properly structured;

• third-party systems will remain available or compatible; or

• use of Evie will produce any particular project, commercial, contractual, financial or operational outcome.

Evie is not a substitute for professional judgement or independent verification.

22. Liability

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

Subject to the above, Evie will not be liable for:

• loss of profits;

• loss of revenue;

• loss of business;

• loss of contract;

• loss of anticipated savings;

• loss of goodwill;

• loss or corruption of data where caused by customer systems, customer actions or third-party systems;

• indirect or consequential loss;

• project delay;

• commercial loss;

• contractual penalties;

• failed claims;

• rejected submissions;

• procurement outcomes; or

• decisions made by customers or users based on Evie outputs.

Unless otherwise agreed in a signed agreement, Evie’s total aggregate liability arising out of or in connection with these Terms is limited to the fees paid by the customer to Evie for the relevant service in the 12 months before the event giving rise to the claim.

If no fees were paid, Evie’s total aggregate liability is limited to £100.

23. Indemnity

Customers must indemnify Evie against losses, claims, damages, liabilities, costs and expenses arising from:

• Customer Data;

• unlawful or unauthorised use of Evie;

• breach of these Terms by the customer or its users;

• infringement of third-party rights by Customer Data;

• customer systems or integrations;

• misuse of Evie outputs; or

• failure by the customer to comply with data protection, confidentiality, employment, procurement, contract or project obligations.

24. Force majeure

Evie will not be liable for delay or failure to perform caused by events outside our reasonable control. This may include supplier failure, hosting outages, internet failures, cyber incidents, industrial disputes, war, terrorism, pandemic, natural disasters, power failures, governmental action or changes in law.

25. Assignment

Customers may not assign, transfer or subcontract their rights or obligations under these Terms without our prior written consent.

We may assign, transfer or subcontract our rights or obligations as part of a merger, acquisition, restructuring, sale of assets, financing, change of control or use of suppliers to support the service.

26. Notices

We may send notices by email, through the platform, through the website or to the contact details provided by the customer.

Customers should send legal notices to team@evie.pro, unless a signed agreement specifies a different notice process.

27. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales.

The courts of England and Wales have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms, unless a signed agreement states otherwise.

28. Changes to these Terms

We may update these Terms from time to time to reflect changes to Evie, our business, our suppliers, legal requirements or operational needs.

The effective date at the top of these Terms shows when this version took effect.

Where changes are material, we will take reasonable steps to notify affected customers or users.

Continued use of Evie after updated Terms take effect means you accept the updated Terms.

29. Contact us

For questions about these Terms, contact:

BARCLAY ADVISORY SERVICES LTD trading as evie.pro
Belmont Suite, Paragon Business Park
Chorley New Road
Horwich
Bolton
United Kingdom
BL6 6HG

Email: team@evie.pro