Terms and conditions

1. ACCEPTANCE OF TERMS

1.1. These Terms of Use (“Terms”) govern your access to and use of the Evenly platform, including all associated websites, applications, SaaS products, tools, and services provided by EVENLY S.A. (“Evenly”, “we”, “our”, “us”).

1.2. By accessing or using the platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.3. If you do not agree to these Terms, you must immediately discontinue use of all Evenly services.

2. ABOUT EVENLY

2.1. Evenly provides cloud-based communication and accessibility solutions through software-as-a-service (SaaS) products supporting:

1. real-time video and audio communication;
2. AI-generated captions (speech-to-text);
3. AI-generated speech (text-to-speech);
4. real-time translations;
5. accessibility tools for digital environments;
6. event accessibility solutions.

2.2. The platform is designed in compliance with GDPR, WCAG 2.2, EN 301 549, and relevant provisions of the EU AI Act.

3. ELIGIBILITY

3.1. You must be at least 18 years old to access or use the platform.

3.2. By using the platform, you represent and warrant that you have the legal capacity and authority to enter into these Terms.

4. ACCOUNT REGISTRATION AND SECURITY

4.1. To access certain features, you may be required to create an account.

4.2. You agree to:

1. provide accurate, current, and complete information;
2. maintain the confidentiality of your credentials;
3. promptly notify Evenly of any unauthorized use of your account.

4.3. Evenly is not liable for losses arising from unauthorized account access caused by your failure to safeguard credentials.

5. CLIENT RESPONSIBILITIES

5.1. When Evenly is used by an organization (“Client”), the Client is responsible for:

1. managing user permissions and account lifecycle;
2. ensuring lawful processing of end-user data;
3. obtaining valid consent where required (e.g., recordings);
4. configuring retention settings;
5. providing legally compliant privacy notices to end-users.

5.2. For end-user content processed within the Client’s environment, the Client acts as Data Controller, and Evenly acts as Data Processor.

6. ACCEPTABLE USE

6.1. You agree not to:

1. use the platform for unlawful or harmful activities;
2. upload or transmit malicious software or harmful content;
3. circumvent or compromise security controls;
4. impersonate others or misrepresent your identity;
5. interfere with or disrupt platform functionality.

6.2. Evenly may suspend or terminate your access for breach of this Section.

7. REAL-TIME AUDIO, VIDEO, AND CAPTION PROCESSING

7.1. Evenly processes audio and video streams exclusively in real time for communication and accessibility purposes.

7.2. Audio and video streams are not stored unless explicitly enabled by the Client.

7.3. Captions and translations are ephemeral unless the Client chooses to save transcripts.

7.4. Evenly does not perform biometric identification, emotion analysis, or profiling.

7.5. Media channels are encrypted using industry-standard protocols.

8. RECORDINGS

8.1. Evenly does not record sessions by default.

8.2. Recordings occur only when:

1. the Client requests recording;
2. a legal obligation requires retention; or
3. explicit consent from end-users is obtained.

8.3. When recordings are enabled:

1. Evenly acts solely as Data Processor;
2. the Client defines purpose, legal basis, and retention period;
3. recordings are encrypted and stored in accordance with Client’s policy;
4. Evenly accesses recordings only with explicit written authorization by the Client for support purposes.

9. AI FEATURES

9.1. Evenly uses AI solely for assistive purposes, including:

1. speech-to-text;
2. text-to-speech;
3. translation;
4. accessibility enhancements.

9.2. Evenly does not:

1. train AI models on users’ data;
2. perform biometric identification;
3. conduct automated decision-making with legal effect;
4. perform user profiling.

9.3. Evenly’s AI systems fall under Minimal or Limited Risk under the EU AI Act.

10. THIRD-PARTY PROVIDERS

10.1. Evenly uses trusted third-party providers, including but not limited to: Microsoft Azure, Google Cloud, Cloudflare, Ably, Clerk, M-Stat, DigitalOcean, and SendGrid.

10.2. All providers are bound by strict contractual safeguards, including Standard Contractual Clauses (SCCs) where required.

10.3. Third-party providers do not gain rights to user content.

11. SECURITY MEASURES

11.1. Evenly implements technical measures such as:

1. AES-256 encryption at rest;
2. TLS 1.2+ encryption in transit;
3. SRTP/DTLS encrypted media channels;
4. WAF and DDoS protection;
5. secure development lifecycle;
6. automated vulnerability scanning;
7. penetration testing;
8. system integrity monitoring.

11.2. Organizational measures include:

1. role-based access control;
2. least-privilege access;
3. multi-factor authentication;
4. employee background checks;
5. mandatory confidentiality agreements;
6. GDPR and AI compliance training.

11.3. Incident response includes:

1. 24/7 monitoring;
2. a formal incident response plan;
3. GDPR 72-hour reporting commitments;
4. secure forensic logging.

12. USER CONTENT

12.1. You retain ownership of all content uploaded or transmitted through the platform.

12.2. You grant Evenly a limited, revocable license to process such content solely for:

1. delivering communication features;
2. generating captions and translations;
3. providing accessibility tools;
4. security and operational continuity.

12.3. Evenly does not use user content for advertising, profiling, or model training.

13. INTELLECTUAL PROPERTY

13.1. All intellectual property rights in the Evenly platform, including software, algorithms, interface design, branding, and documentation, belong to EVENLY S.A.

13.2. You may not:

1. modify, copy, or distribute platform content;
2. reverse-engineer, decompile, or attempt to extract source code;
3. remove trademarks or legal notices.

14. SERVICE AVAILABILITY

14.1. Evenly aims to maintain high service availability but does not guarantee uninterrupted or error-free operation.

14.2. Scheduled maintenance, unexpected outages, or network issues may affect service availability.

15. TERMINATION

15.1. Evenly may suspend or terminate your access if you:

1. violate these Terms;
2. pose a security risk;
3. use the platform unlawfully;
4. remain inactive for an extended period.

15.2. Upon termination, all rights granted to you under these Terms immediately cease.

16. LIMITATION OF LIABILITY

16.1. To the fullest extent permitted by law, Evenly is not liable for:

1. indirect, incidental, or consequential damages;
2. loss of data, profits, or business opportunities.

16.2. Evenly’s total cumulative liability shall not exceed the fees paid for the services in the preceding twelve (12) months.

16.3. This limitation does not apply in cases of willful misconduct or gross negligence.

17. GOVERNING LAW AND JURISDICTION

17.1. These Terms are governed by the laws of Greece.

17.2. Any disputes shall be subject to the exclusive jurisdiction of the courts of Athens.

18. CHANGES TO THESE TERMS

18.1. Evenly may update these Terms from time to time.

18.2. Material changes will be communicated via:

1. email notification, or
2. notice on the Evenly website.

18.3. Continued use of the platform constitutes acceptance of revised Terms.

19. CONTACT INFORMATION

For questions related to these Terms:

EVENLY S.A.
Vyzantiou 53, Cholargos–Papagou, 156 69 Athens, Greece
Email: legal@evenly.care