Evomind Systems Inc.

General Terms and Conditions

Last Updated: January 2, 2026

These General Terms and Conditions (the "Agreement") constitute a legal contract between you ("You" or "User") and Evomind Systems Inc. ("Evomind", "we", "our", or "us"), governing your use of Evomind's products, cloud-based services, and associated interfaces, including all features, functionalities, content, and software provided through the Evomind SaaS, including the Spadigo™ App and Spadigo™ Cloud Services. By taking any affirmative action, such as clicking "I Agree", checking a box, or signing any document that references this Agreement, you acknowledge that you have read and agree to be bound by these terms.

1. Definitions

  • Cloud Data: Proprietary information, documents, records, materials, or data made available to you through your use of the Evomind SaaS.
  • Service Fee: The amount you pay to access and use the Evomind SaaS on an annual basis.
  • Your Data: Any data, information, or materials you create, generate, upload, or collect through the Evomind SaaS, excluding any data owned by Evomind.

2. Non-Disclosure Agreements

Both customers and Evomind agree that any data, reports, or proprietary information exchanged through the Spadigo™ App and Spadigo™ Cloud Services will not be disclosed to any third party without prior written consent. This obligation survives termination of the Agreement.

3. Evomind SaaS

3.1 Term and Renewal

This Agreement will commence on the date you accept its terms and will automatically renew annually unless terminated in accordance with the provisions set out in this Agreement.

3.2 Termination by Evomind

Evomind reserves the right to suspend or terminate the Evomind SaaS or this Agreement at any time and for any reason, with thirty (30) days' prior written notice. Evomind may also terminate immediately for non-payment, material breach, or harmful activity.

3.3 Consequences of Termination

Upon termination, Evomind will deactivate your Account and associated login credentials and provide a copy of Your Data as available.

3.4 Use of the Service

Evomind grants you a limited, non-exclusive, non-transferable right to access and use the Evomind SaaS solely for uploading, storing, viewing, and exporting Your Data via web or mobile applications.

3.5 Service Fees and Payment

By subscribing to the annual service, you agree to pay Service Fees on the first day of service and each renewal date. Fees may be modified with notice as required by law. Payments are in CAD unless otherwise specified.

3.6 Non-Payment or Delayed Payment

Failure to remit payment will result in a notice of default. If payment is not received within ten (10) days of such notice, Evomind may suspend or terminate this Agreement.

3.7 Payment Processing

Evomind may engage third-party payment processors. By using the Service, you consent to the collection and processing of your personal data necessary for such payments, in compliance with applicable data protection laws.

3.8 Billing Errors

Billing disputes must be reported within sixty (60) days of the invoice or order date. Refunds or adjustments will not be issued after this period.

3.9 No Refund Policy

Service Fees are non-refundable. If this Agreement is terminated prior to the completion of the annual term, prepaid Service Fees will not be refunded.

3.10 Restrictions on Use

  • Creating derivative works from, reverse engineering, decompiling, disassembling, modifying, or copying the Evomind SaaS.
  • Using the Service in a way that infringes upon the proprietary rights of Evomind or its licensors.

3.11 Modifications to the Service

Evomind reserves the right to enhance, modify, or discontinue features or functionalities of the Service, provided that such changes do not materially impact your use.

3.12 Amendments to Terms

Evomind may revise this Agreement at any time by providing an updated version. Continued use of the Service constitutes acceptance of the modified terms.

3.13 Interest on Late Payments

Late payments accrue interest at 18% per month or the highest rate permissible by law, compounded monthly. Evomind may seek reimbursement for collection costs.

3.14 Data Security and Integrity

You are solely responsible for the accuracy, integrity, and legality of Your Data. Evomind is not liable for loss, deletion, or modification of Your Data. Booking data, customer data, and services data in the Spadigo™ App and Spadigo™ Cloud Services are confidential and secured within your user account scope.

3.15 License to Use Your Data

You retain ownership of Your Data, but grant Evomind a perpetual, worldwide, irrevocable, royalty-free license to use Your Data (excluding personal information) to create aggregated data and improve services.

3.16 SMS Verification for Account Security

By creating an account or connecting a device to the Service, you consent to receive a one-time verification code via SMS to confirm ownership of the phone number provided. These messages are transactional, used solely for account security and activation, and are not promotional. Message and data rates may apply depending on your carrier. You are responsible for providing and maintaining a valid phone number.

4. Warranty and Disclaimer

4.1 General Warranty Disclaimer

Except as expressly stated, the Evomind SaaS is provided "as-is" and "as-available". Evomind disclaims all warranties, express or implied.

4.2 No Warranty of Service Availability

Evomind does not guarantee accuracy, timeliness, or uninterrupted availability of any data or information through the Service.

5. Confidentiality

5.1 Definition

"Confidential Information" refers to information disclosed by either party, identified as confidential or proprietary, or understood to be confidential based on the circumstances.

5.2 Use and Protection

Each party agrees to use Confidential Information solely for fulfilling obligations under this Agreement and to protect it with at least the same degree of care as its own confidential information.

5.3 Permitted Disclosures

Confidential Information may only be disclosed to employees, contractors, or agents who need it to fulfill the obligations of this Agreement, and only under similar confidentiality obligations.

5.4 Remedies for Breach

Breaches of confidentiality may cause irreparable harm, and the Discloser is entitled to seek equitable remedies, including injunctive relief.

6. Limitation of Liability and Indemnity

6.1 Liability Exclusion

To the fullest extent permitted by applicable law, Evomind shall not be liable for direct, indirect, special, incidental, punitive, or consequential damages, including loss of profits, business, use, data, revenue, reputation, goodwill, or business interruption.

6.2 Maximum Liability

Evomind's liability for all claims related to this Agreement is limited to the lesser of the total amount you paid for the Service in the year the claim arose, or the total amount paid for goods in the year the claim arose.

6.3 Indemnity

You agree to defend, indemnify, and hold harmless Evomind, its officers, directors, affiliates, service providers, and successors and assigns, from all claims, damages, liabilities, and expenses arising out of or in connection with your use of the Evomind SaaS.

7. Governing Law and Dispute Resolution

This Agreement is governed exclusively by the laws of the Province of British Columbia, Canada. You consent to the exclusive jurisdiction of the courts of the Province of British Columbia for disputes arising under this Agreement.

Waiver, enurement, entire agreement, and notices provisions apply as described in this Agreement.

Contact Information

Evomind Systems Inc.

Email: info@evomindsystems.com