Evalo Terms & Conditions

These Terms and Conditions ("Terms") govern your access to the Evalo Inc. services ("Services"), including this document and any software available through the Site ("Platform"), and related services offered by Evalo Inc.

Throughout these Terms, we refer to users of the Services as "Users" (or "you", "your" and similar references). Users may request additional services by providing the information requested by Evalo Inc. and agreeing to the terms of a separate agreement either (a) online; or (b) by entering into a written agreement with Evalo Inc. or third-party real estate representatives.

Please read through these Terms carefully before using the Services. By accessing, using or browsing the Site or Platform you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site or access the Platform or related services. If applicable, please discard this document.

If the individual accepting these Terms is accepting on behalf of a company or legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these Terms, in which case the term "User" shall refer to such entity and its affiliates. If the individual accepting these Terms does not have such authority, or does not agree with these Terms, such individual must not accept these Terms and may not use the Services.

Important Disclaimer

The information, estimates, and predictions provided by Evalo are for informational purposes only and have no legal value. Evalo Inc. makes no representations or warranties regarding the accuracy, completeness, or reliability of any data, valuations, or forecasts. Users acknowledge that real estate decisions involve significant financial risk and should consult with qualified professionals (appraisers, real estate agents, financial advisors, lawyers) before making any investment or transaction decisions. By using our Services, you agree that Evalo Inc. shall not be held liable for any financial losses, damages, or adverse outcomes resulting from decisions made based on information obtained through our platform.

1. Website Services

Evalo Inc. offers the Site and Platform to assist Users in discovering pertinent information to real estate, including pricing, market insights and associated historical and other data, (the "Services"). Users may further request to connect with real estate representatives for additional services. Evalo Inc. shall not be responsible for any such further services offered by such real estate representatives.

Evalo Inc. does not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any real estate professional, or other real estate or real-property-related service provider on or through the Services.

2. User Account and Registration Data

Users must register for a user account ("User Account"). Upon the registration or use of a User Account, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site or Platform, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site or Platform. Evalo Inc. may ask you to renew your password periodically in order to maintain access to the Platform. You are responsible for all activity on your User Account, and agree not to grant access of your User Account with others or to allow parties that do not have the requisite licenses with Evalo Inc. to access the Products.

3. Privacy Policy

Please refer to Evalo Inc.'s privacy policy by clicking here (the "Privacy Policy") for information on how Evalo Inc. collects, uses and discloses personally identifiable information from Users. By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

4. Legal Capacity

The Services are not designed to be used by children. You represent and warrant that you have attained the age of majority in the jurisdiction in which you are a resident, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You may not use the Services if you live in a jurisdiction where access to or use of the Services or any part of it may be illegal. It is solely your responsibility to determine whether your use of the Services is lawful, and you must comply with all applicable laws.

5. License to Use the Site and License Restrictions

In these Terms the content on the Services, including all information, data, logos, marks, designs, graphics, documents, recordings, pictures, sound files, other files, and their selection and arrangement, is called "Content". The Content is owned by Evalo Inc. and/or its licensors.

Evalo Inc. grants to you a revocable, non-exclusive, non-sublicensable license to use the Site, Platform and the Services and to view the Content available to you through the Site ("License") subject to the License restrictions described herein. Evalo Inc., its affiliates and licensors will strictly enforce their intellectual property rights to the fullest extent permitted by law.

Other than as expressly permitted in these Terms, the License is subject to the following restrictions and account terms:

• The Content and Services we provide through the Site and Platform are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Services.
• You may not make or distribute copies of the Site, Platform, Services or Content or reproduce, distribute or display the Site, Platform, Services or any Content (except for page caching) except as expressly permitted in these Terms.
• You may not modify or create derivative works based on the Site, Platform, Services or Content.
• You may not use the Site, Platform, Services or Content for any application deployment or ultimate production purpose.
• You may not use the Site, Platform, Services or Content to develop any application, website or product having the same or similar primary function as the Site, Services or Content.
• You may not remove or modify any copyright, trademark or other proprietary notices that have been placed on the Site, Platform, Services and/or Content.
• You may not otherwise use the Site, Platform, Services or Content other than for its intended purpose.
• You may not use any data mining, robots or similar data gathering or extraction methods.
• Your use of the Site, Platform, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
• Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
• You represent and warrant that you have reviewed and agree to these Terms.

The licenses in this Section are revocable by Evalo Inc. at any time.

6. Ownership, Copyright and Trademarks

Content provided by Users on the Site or Platform or otherwise shared with Evalo Inc. is called "User Content". User Content is the property of its respective owners (e.g. the User that provided it). User Content on the Services may include a comment, review, information, data, images, videos, sounds and other data uploaded by a User to the Services. Your User Content is your responsibility. You are solely responsible for maintaining copies of and replacing any User Content you send to Evalo Inc. to share or store on the Services and/or that you, personally, share or store on the Services. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit, without notice, any User Content shared or stored on the Services, and we may do this at any time and for any reason. Evalo Inc.'s only right to use that User Content is the limited licenses to it granted in these Terms.

If you provide us with any ideas, comments or suggestions for improvements to the Services or the Site ("Feedback"), you grant to us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any such Feedback. Feedback is provided entirely voluntarily, and we are not obligated to implement Feedback, but we may do so at our discretion.

Evalo Inc. owns all right, title and interest, including all worldwide intellectual property rights in the Services, the Site, Platform and Content and the trademarks, service marks and logos contained therein ("Marks"), except as expressly stated in these Terms.

Those licenses are described in Section 11 of these Terms. Other than User Content, the Services, the Site, Platform, all Content and any other software used to create and operate the Site is the property of Evalo Inc. or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, Platform, Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Evalo Inc.

You may only use the Services for the purposes expressly permitted. In particular, you may not use the Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Services or any other service provided through our technology or the Services, or that is similar thereto.

7. External Links

The Services may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content"). You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. Evalo Inc. does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Evalo Inc. provides access to such content only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Evalo Inc.'s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Evalo Inc. accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern.

Evalo Inc. shall have no liability arising from your use of such third party or open-source software, Third Party Sites, Third Party Content, which are subject to Third Party Licenses.

8. Advertisements and Promotions

Evalo Inc. may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Evalo Inc., and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. Evalo Inc. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

9. User-Generated Content

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. We require your license to display any such User Content on the Site, and to provide the Services. By sharing, posting or otherwise providing User Content to us or on the Site, you grant to us and our affiliates a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable, and transferable license to use, copy, reproduce, modify, adapt, publish, distribute, and display such User Content, in whole or in part, in any media now known or hereafter invented, in connection with the Site and Services, and for any purpose related to the operation of the Site and the provision of the Services.

You represent and warrant that you own or control all rights to the User Content you post or share with us, or that you have obtained all necessary consents to grant the licenses described in these Terms.

We may remove any User Content at any time, for any reason, with or without notice. You acknowledge and agree that we are not responsible or liable for the deletion or failure to store any User Content maintained or transmitted on the Site.

10. Indemnification; Limitation of Liability

You waive and shall not assert any claims or allegations of any nature whatsoever against Evalo Inc., its affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of the Site, the Platform, the Services, and/or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Platform, and/or Services. You use the Site, the Platform, and/or Services at your own risk.

Without limitation of the foregoing, neither Evalo Inc. nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to personal/bodily injury (including death) arising out of your use of the Services, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the Platform, the Services or Content, including without limitation any damages caused by or resulting from your reliance on the Site, the Platform, the Services Content or other information obtained from Evalo Inc. or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site or Platform, any User, or any other Released Party's records, programs or services.

Notwithstanding any of the foregoing, in no event shall the aggregate liability of Evalo Inc., whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Platform, or the Services exceed CA $100.

You shall defend, indemnify and hold harmless Evalo Inc. and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Platform, and Services and from the use of the Site and Services by any person to whom you give access to your account.

11. Disclaimer of Warranties

The Site, Platform, Content, and Services are provided on an "as is" basis without warranties from Evalo of any kind, either express or implied. Evalo expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Site, Platform, Services, and Content are provided to you for informational purposes only and should not be relied upon as accurate, complete, timely, or fit for any particular purpose, including analytics, visualization, and predictions. You should conduct your own due diligence on any information provided to you by Evalo Inc.

Evalo does not represent or warrant that the Content is accurate, complete, reliable, current, or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, Platform, Services, Content, or any portion thereof.

Evalo does not warrant, guarantee, or assume responsibility for any product(s) or services, or any portion thereof, promoted or sold on or through the Site or the Services offered by third-party real estate representatives. Evalo may provide additional disclaimers in its description of services accessed through the Site, the Platform, or through the Services, sent by email or other correspondence to you.

12. Not a Valid Appraisal Report

Evalo Inc. strives to provide accurate estimates. Users acknowledge that real estate market conditions can change rapidly, and our estimates may not always reflect the most current information. Users should consult with real estate professionals, real estate appraisers, or real estate agents for a more accurate assessment of a property's value.

Evalo Inc. does not provide any appraisal, whether via our Website or any other communication. The Evalo Inc. Price is a starting point and does not factor in all variables that influence the price at which real estate will transact.

13. Typographical Errors or Inaccuracies

The Site, Platform, and/or Services may contain typographical errors or inaccuracies and may not be complete or current. Evalo Inc. reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We apologize for any inconvenience.

14. Governing Law

The Site is controlled by Evalo Inc. and operated by it from its offices in Quebec. You and Evalo Inc. both benefit from establishing a predictable legal environment regarding the Services. Therefore, you and Evalo Inc. explicitly agree that all disputes, claims, or other matters arising from or relating to your use of the Site and Services will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein.

Except where prohibited by applicable law, any claim, dispute, or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present, or future) arising out of or relating to (a) these Terms; (b) the Site, the Platform, the Services, or Content; (c) oral or written statements relating to these Terms or to the Site, the Platform, the Services, or Content; or (d) the relationships that result from these Terms or the Site, the Platform, the Services, or Content (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Evalo Inc. related to any Claim, and, where applicable, you also agree to opt out of any class proceedings against Evalo Inc. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one (1) arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Quebec.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Montreal, Quebec. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site and/or Services from locations other than Quebec, you will be responsible for compliance with all local laws of such other jurisdictions and you agree to indemnify Evalo Inc. and the other Released Parties for your failure to comply with any such laws.

15. Changes to Terms

Evalo Estate Inc. reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site and/or sending you a notice via email. Your continued use of the Site, the Platform, and/or the Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any other applicable policies or guidelines to understand the terms and conditions that apply to your use of the Site, the Platform, and/or the Services. If you do not agree to the new terms or conditions, you must stop using the Site, the Platform, and/or the Services.

16. Termination of Use

Notwithstanding any provision of these Terms, Evalo Inc. reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site and/or the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Services, or Content; (c) change, suspend, or discontinue any aspect of the Site, Services, or Content; and (d) impose limits on the Site, Services, or Content. When your account is terminated, any User Content you have uploaded or have sent to Evalo Inc. to upload to the Site may remain on the Site.

If these Terms expire or terminate for any reason, Sections 5, 10, 11, 12, 13, 14, 15, 16, and 17, and any representation or warranty you make in these Terms, shall also survive indefinitely.

17. Miscellaneous

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Evalo Inc. may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Evalo Inc., and any such attempted assignment will be void and unenforceable.

These Terms constitute the entire agreement between you and Evalo Inc. regarding your use of the Site, the Platform, and Services, and supersede all prior or contemporaneous communications whether electronic, oral, or written between you and Evalo Inc. regarding your use of the Site and Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutées, données ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

18. Questions and Comments

If you have any questions regarding these Terms or your use of the Site, the Platform, and/or Services, please contact us here:

Evalo Inc.
info@evalo.ca