1. General information

These terms and conditions of the service (”Terms and Conditions”) are applied to Evolv Oy (”Evolv” or ”Service Provider”) and the service offered in Evolv Leadership Diamond® coaching programs and in Mobile app (”Service”). The mobile app refers to Evolv Oy’s Leadership Diamond® mobile application (“Mobile app”) that is downloaded from the Apple App Store and Google Play application platforms.

Any natural or legal person (”User”) that uses the Service accepts that they are bound by the Terms and Conditions to be able to use the Service. The content of the Service is determined by the service descriptions found on the website of the Service or otherwise presented in connection with ordering the Service. Usage of the Service is forbidden if the User does not agree to the Terms and Conditions or any part of them.

The Service is intended only for coaching and information purposes. The Services have no guarantee. Any content presented in the Service does not form legally binding advice, instructions or guarantee.

The Service Provider has right of ownership, copyright and all other intellectual property rights to the material published in the Service, unless otherwise specified. When quoting material contained in the Service, mandatory legislation permitting, the User is obliged to mention the source as required by good practice. The Service Provider grants the User rights to use the Service and the material contained therein. The Service Provider grants the User the right to view and download materials contained in the Service and print them only for the User’s own, personal and non-commercial use. Granting of such user rights is not an indication of a transfer of the right of ownership to the material and any copies. The User is not permitted to copy, present publicly or in any other way publish the material or use it for commercial purposes.

The Mobile app, its original content, features, and functionalities are the property of Evolv Oy and its partners such as Nastaset Oy. All rights, including copyrights, belong to the Service Provider or its contract partners. You may not use the Service in violation of your Service Provider’s or third-party or other rights. Our trademark or our other rights may not be used in connection with any other product or service without prior written consent from Evolv Oy.

2. Conclusion of the Contract and registration

The Services may be available to the user without registration or they may require registration. By using this Service, the User undertakes to comply with the valid Terms and Conditions. When the User registers for the Service, they warrant that they have familiarized themself with these Terms and Conditions, is aware of the Terms and Conditions of the Service and undertake to comply with them.

User IDs and passwords are personal and/or organization-specific and the User is not entitled to hand over or transfer them or the related right to use the Service to another person or organization without advance written consent from the Service Provider.

The Service Provider may refuse to grant user rights to the Service without giving any reason or cancel a granted user right if the User has or is acting contrary to the Terms and Conditions, legislation or good practices.

The User must notify the Service Provider without delay if the User’s ID and password become known to a third party. The Service Provider has the right to shut down the User’s access to the Service immediately if the Service Provider has reason to suspect that user IDs and passwords to the Service have fallen in the hands of a third party or have gone missing.

3. Use of the Service

The Service may be used only for purposes in accordance with legislation, other official regulations and good practices. The Service may be used only in accordance with the Terms and Conditions valid at any given time. The Service and its contents may only be used for the User’s personal or Corporate Customer’s use.

4. Contents of the Service

The Service contains information services related to Evolv Leadership Diamond® coaching programs in the for of e.g. chats, reports, videos, blog posts, calendar bookings, coaching journey information, mood-barometers and various tools. The Services provided by the Service Provider are not healthcare or medical service activities and the Service Provider is not an healthcare of medical services company.

Evolv produces its Service content for the use of private and corporate customers. The contents of the data and reports in the service have been obtained from several sources that Evolv considers to be reliable. Evolv aims to use reliable and comprehensive information in its coaching processes and Service, but Evolv does not guarantee the accuracy of the presented information.

The Service content produced by Evolv is intended for informational use only. Customers are responsible for their decisions and their outcomes from the coaching process and Service.

5. Functionality, changes and security of the Service

The Service Provider tries to correct any interruptions to the Service within a reasonable period of time. The Service Provider does not, however, guarantee Service accuracy or that the Service is available to the User without interruptions.

The Service Provider has the right to make changes that affect the content, technology and use of the Service. The Service Provider reserves the right to make changes at any time without notifying the User.

The Service Provider has the right to stop producing Service or parts thereof. The Service Provider notifies the User of shutting down a chargeable Service in advance within a reasonable period of time.

The Service Provider tries to produce the Service with the highest possible level of cyber security. The User shall understand that the Internet is not fully secure.

The User is not allowed to use any devices of programs that can disrupt the functionality of the Service, nor complete any actions that considerably burden the structure of the Service (e.g. mass mailing), or disturb or process the software and functionalities of the Service.

6. Handling of Personal Data

The Service Provider applies currently valid legislation concerning handling of personal data and data security in its activities and handles Users’ data in accordance with the Terms and Conditions and the privacy statement in accordance with applicable data protection legislation.

7. Limitation of liability

Evolv, its employees and its service providers are not responsible for the outcomes of decisions made based on the coaching program and Service or any direct or indirect damage caused by the use of the information and Service.

The Service Provider is by no means responsible for direct damages caused by

Service usage or service interruption

Data or information derived from the service

Other circumstances related to the Service.

The Service Provider is by no means responsible for the User’s direct to indirect damages (.e.g. lost profit).

8. Cookies

Evolv uses cookies and other similar techniques, like digital fingerprints in its Service to collect statistics on site traffic and to enable or make the use of certain services on the site easier. A cookie is a small amount of data that the browser saves on the device for the browser to work. These cookies contain no personal data and are only an identification of the browser in question for tracking the service, with which the service saves browser history information of the browser in question.

The User can prevent the use of cookies and similar identification methods through their browser settings. In this case, the Service is not necessarily available in the same way as when cookies are permitted.

9. Tracking

Evolv uses online traffic trackers in its service to calculate the number of users and collect similar statistical data. These tracking services are usually cookie based (more information under Section 9 (Cookies)) and do not contain any personal data. Evolv wants to openly admit to using trackers because many such tracking services are located outside the EU and their full description is not available. Evolv uses tracking services because according to their documentation, they do not contain activities contrary to GDPR or other applicable personal data legislation.

Evolv’ Service may use the following trackers:

Custom Audience Facebook Pixel

Google Tag Manager

Google Analytics

New Relic

MyFonts Counter

Firebase

10. Applicable law and dispute settlement

This Agreement shall be governed by Finnish law, with the exception of the conflict rule.

Disputes between the parties arising from the Terms and Conditions or otherwise from the use of this Service are primarily settled through negotiation.

If the negotiations do not generate results within five (5) months of the beginning of the negotiations (e.g. an e-mail sent by Evolv to the User indicating a proposal to start the negotiations), disputes arising from this agreement shall be settled by arbitration in accordance with the Arbitration Rules of the Central Chamber of Commerce if the User in question is not a consumer. The venue for arbitration shall be Helsinki. The court of arbitration shall consist of one arbiter. The language used in arbitration shall be Finnish.