Terms of Service

Last updated: September 9, 2026

These Terms of Service (“Terms”) govern access to and use of the Evirail websites, applications, and related services (the “Service”) operated by Evirail (“Evirail,” “we,” “us,” or “our”). By accessing or using the Service, creating an account, or clicking to accept these Terms, you agree to be bound by them. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes that entity (our “Customer”).

If you do not agree, do not use the Service.

1. The Service

Evirail provides software tools that help organizations define standard operating procedures (SOPs), assign and perform field work, capture evidence (including text, photos, and signatures), sync offline activity, and generate related records such as PDFs and delivery logs. Features may change over time. We may modify, suspend, or discontinue features with reasonable notice where practicable.

We provide the Service on a subscription software-as-a-service basis. Except for any paid onboarding or professional services we expressly agree to in writing, we do not provide legal, safety, compliance, engineering, or professional advice. You are solely responsible for whether the Service meets your operational, regulatory, and contractual requirements.

2. Accounts and eligibility

• You must provide accurate account information and keep credentials confidential.
• You are responsible for activity under your accounts and for ensuring only authorized personnel have access.
• Customer administrators are responsible for inviting users, assigning roles, and promptly removing access when employment or authorization ends.
• You must be at least the age of majority in your jurisdiction and able to form a binding contract.

3. Customer Data and content

“Customer Data” means data, files, photos, SOP content, job information, evidence, signatures, and other materials submitted to the Service by or for you (including by your employees and contractors).

• As between you and Evirail, you retain ownership of Customer Data.
• You grant Evirail a non-exclusive, worldwide license to host, process, transmit, display, and otherwise use Customer Data solely to provide, maintain, secure, and improve the Service, and as otherwise permitted by these Terms or your written instructions.
• You represent that you have all rights and consents needed to submit Customer Data (including employee and end-customer information) and that Customer Data does not violate law or third-party rights.
• You are responsible for the accuracy, legality, and appropriateness of Customer Data and for configuring retention, access, and export practices that meet your obligations.

Evidence features are designed to support auditability. You acknowledge that certain records may be append-only or revision-tracked and that you should not rely on the Service as your sole system of legal record without your own compliance review.

4. Acceptable use

You will not, and will not allow others to:

• use the Service for unlawful, harmful, fraudulent, or deceptive purposes;
• upload malware, or attempt to probe, scan, or breach security or authentication measures;
• interfere with or disrupt the Service or other customers;
• reverse engineer, decompile, or attempt to derive source code except to the extent this restriction is prohibited by law;
• resell, sublicense, or provide the Service to third parties except as expressly allowed in your plan;
• misrepresent identity, forge evidence, or use the Service to create knowingly false operational records;
• use the Service to collect or process sensitive personal information in violation of applicable law;
• exceed rate limits or use automated means in a way that degrades the Service without our permission.

We may investigate violations and suspend or terminate access for material or repeated violations.

5. Subscriptions, fees, and taxes

Paid plans are billed according to the pricing, term, and payment method presented at purchase or in an order form. Fees are generally non-refundable except where required by law or expressly stated otherwise. You authorize us and our payment processor (such as Stripe) to charge your payment method for recurring fees, overages if applicable, and applicable taxes. You are responsible for all taxes except taxes based on our net income. Late or failed payments may result in suspension.

We may change prices for renewal terms with notice. Continued use after the effective date of a price change constitutes acceptance for subsequent terms.

6. Free trials and betas

We may offer trials or beta features “as is,” without warranties, and may modify or end them at any time. Beta features may be less reliable and should not be used for critical production workflows without your own validation.

7. Intellectual property

The Service, including software, interfaces, documentation, trademarks, and branding, is owned by Evirail and its licensors and is protected by intellectual property laws. Except for the limited right to access and use the Service during your subscription, no rights are granted to you. You may not remove proprietary notices.

Feedback you provide may be used by us without restriction or compensation.

8. Confidentiality

Each party may access the other’s confidential information. The receiving party will use reasonable care to protect it and use it only to perform under these Terms, except for information that is public, independently developed, or rightfully received from a third party without duty of confidentiality. Compelled disclosures are permitted with notice where legally allowed.

9. Privacy

Our collection and use of personal information is described in our Privacy Policy. For Customer Data, we act as a service provider / processor to the Customer except for account, billing, and Service-operation data we process as an independent controller.

10. Third-party services

The Service may interoperate with third-party services (payment, email, storage, maps, identity, and similar). Your use of third-party services is subject to their terms. We are not responsible for third-party services we do not control.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVIRAIL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT CUSTOMER DATA WILL NEVER BE LOST OR CORRUPTED, OR THAT THE SERVICE WILL MEET YOUR LEGAL, SAFETY, OR COMPLIANCE REQUIREMENTS.

Field work, safety procedures, and regulatory compliance remain your responsibility. Evirail is a documentation and workflow tool, not a substitute for trained supervision, professional judgment, or required certifications.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• EVIRAIL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• EVIRAIL’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO EVIRAIL FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR, IF NONE, ONE HUNDRED CANADIAN DOLLARS (CAD $100)).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law. The limitations in this section allocate risk between the parties and are a fundamental basis of the bargain.

13. Indemnification

You will defend, indemnify, and hold harmless Evirail and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Customer Data; (b) your use of the Service; (c) your breach of these Terms or applicable law; or (d) disputes between you and your employees, contractors, end customers, or regulators regarding your operations or records.

14. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access immediately if you materially breach these Terms, fail to pay fees, create security or legal risk, or if required by law. Upon termination, your right to use the Service ends. We may delete Customer Data after a reasonable wind-down period, subject to legal holds and backups. You are responsible for exporting Customer Data before termination where export tools are available.

Sections that by their nature should survive (including ownership, confidentiality, disclaimers, limitations of liability, indemnities, and governing law) will survive termination.

15. Governing law and disputes

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Subject to any mandatory consumer protections that cannot be waived, the courts of British Columbia located in Vancouver shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, and each party consents to such venue.

Before filing a claim, you agree to attempt to resolve the dispute informally by contacting admin@evirail.com and allowing thirty (30) days to respond.

16. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. If a change is material, we may provide additional notice (for example email or in-product notice). Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and cancel any subscription.

17. Miscellaneous

• Entire agreement. These Terms, the Privacy Policy, and any order form or plan details constitute the entire agreement regarding the Service and supersede prior proposals or agreements on the subject.
• Severability. If a provision is unenforceable, the remainder remains in effect.
• Waiver. Failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures due to events beyond reasonable control.
• Notices. We may notify you via the Service, email, or your account contacts. Notices to us: admin@evirail.com.
• No third-party beneficiaries. Except as expressly stated, these Terms do not create third-party beneficiary rights.
• Language. These Terms are in English. Any translation is for convenience only.

18. Contact

Evirail
Email: admin@evirail.com
Web: https://evirail.com