Terms and conditions of use

EVALANDGO Software TERMS OF USE FREE USERS

LAST UPDATED: 08/12/2025

ARTICLE 1 – SCOPE OF APPLICATION

These terms and conditions of use (Terms) apply to the free use of the Application and online services provided by EVALANDGO Software, a simplified joint stock company with a capital of €5,000, whose registered office is located at 159 Rue de Thor, Business Plaza – Bâtiment 3, 34000 Montpellier, registered with the Montpellier Trade and Companies Register under number 917 437 063.
The T&Cs apply to all Free Users, in France and internationally, whether they are acting in a professional or consumer capacity.
Essential information about the Application, its main features, and the identity and contact details of EVALANDGO Software is available at any time on the Website and in the Application.
When the Free User is a consumer, they acknowledge that they have been informed, in a legible and comprehensible manner, of the essential information relating to the free service and, where applicable, the available means of redress, in particular with regard to consumer mediation.
By creating a Free Evalandgo Account, the Free User declares that they have read and accepted these Terms of Use without reservation.

ARTICLE 2. PURPOSE

These Terms define the general conditions of use of the Application and free services for creating, distributing and analysing online Surveys and Reports.
EVALANDGO Software reserves the right to develop the Application as part of its continuous improvement process.
Free Users acknowledge that they have the legal capacity to use the application.

ARTICLE 3. CONTRACTUAL DOCUMENTS

3.1. CONTRACTUAL DOCUMENTS

The contract between EVALANDGO Software and the Free User (“Contract”) consists of the following documents, in order of precedence:

The Terms,
Annexes : Privacy Policy & Data Processing Agreement (DPA)

The DPA forms an integral part of the Contract and governs the processing of personal data performed by EVALANDGO Software in its capacity as processor. If any conflict arises concerning data-protection matters, the DPA shall prevail.

Any condition or document not expressly accepted by EVALANDGO Software shall not be binding on it.

3.2. APPLICATION SUBSCRIPTION

Subscription to the free services is completed online on the Website by creating a free Evalandgo Account.
Acceptance of the Terms is formalised by checking the dedicated box on the registration page.

ARTICLE 4. OBLIGATIONS OF THE PARTIES

4.1. EVALANDGO Software’s commitments

EVALANDGO Software undertakes to comply with laws and regulations in the performance of this Agreement.
EVALANDGO Software is solely responsible for corrective and ongoing maintenance of the Application.
EVALANDGO Software shall therefore take personal responsibility for ensuring that corrective maintenance is carried out in such a way as not to prevent or hinder access to the Application beyond a reasonable period of time.
EVALANDGO Software undertakes to make regular backups of the Data until the termination of the Contract, regardless of the cause.
EVALANDGO Software undertakes to preserve the integrity and confidentiality of the Data.
EVALANDGO Software undertakes to store and host its data in France (AWS) in accordance with GDPR regulations.

Evalandgo Software provides Free Users with freely accessible Documentation (FAQs, help articles, videos) available 7 days a week.
Free Users may also contact support via chat or ticket, subject to the availability of the support team.

However, Evalandgo Software does not guarantee any response time or level of support for the free plan, and reserves the right to reserve certain support channels for paying subscribers.

4.2. Commitments of the Free User

EThe Free User undertakes to comply with applicable laws and regulations and these Terms of Use.
In particular, the Free User is prohibited from:

spamming;
hosting or collecting information about anyone without their consent, including email addresses;
transmitting or offering unsolicited or unauthorised advertising or promotional material of any kind;
distributing through the Application content that is pornographic, obscene, offensive, threatening, harassing, slanderous, hateful, harmful, defamatory, racist, illegal or objectionable in any way;
use a false or falsified identity, email address or header, or attempt to mislead others as to your identity or the origin of your messages;
transmit, publish or distribute material or content that encourages or provides instructions for illegal activities, or encourages physical harm or violence towards a specific group;
use the Application to send materials, surveys or solicitations to persons under the age of 18, unless all applicable legal obligations are complied with;
download or distribute files containing viruses, Trojan horses, worms, logic bombs, corrupted files or any harmful programmes.
transmit any content that infringes on the copyrights, trademarks, trade secrets or intellectual property rights of third parties;
interfere with or disrupt the networks connected to the Application;
attempt to gain unauthorised access to the Application by any means whatsoever.

Free Users are required to provide a valid name and email address when registering, and to update this information if necessary.

Free Users are informed that certain data may be deleted in the event of account inactivity or exceeding the limits of the free plan. It is therefore their responsibility to export their data (particularly in csv format) using the tools provided in the Application when they deem it necessary.

Free Users shall ensure that all their employees, corporate officers or persons acting on their behalf comply with these provisions.

Compliance with the commitments in this article is an essential condition of the Contract for Evalandgo Software.

ARTICLE 5. INTELLECTUAL PROPERTY

5.1 Rights of the Free User

The Free User remains the owner and sole responsible for all Surveys designed by him and distributed via the Application. He is also responsible for elements such as images, design, information, inserted in the Surveys and Reports as well as all data and Results collected via the Application.

5.2 EVALANDGO Software Property

5.2.1 EVALANDGO Software remains, in any event, the exclusive owner of the intellectual property rights to the Website and the Application and to each of their components, including their graphic design and Documentation.

Under this contract, the Free User has a right to use the Application, which is non-exclusive, non-transferable and limited to the term of the Contract.
EVALANDGO Software expressly reserves the exclusive right to intervene on the Application to enable it to be used in accordance with its intended purpose and, in particular, to correct any errors.
The Free User undertakes to report to EVALANDGO Software any act of infringement and any violation of its intellectual property rights relating to the Application of which it may become aware.
EVALANDGO Software shall be solely responsible for determining whether to take legal action against alleged infringers.
EVALANDGO Software guarantees that it is the author or owner of the rights to the Application and therefore guarantees its peaceful use for the benefit of the Free User for the duration of the Contract.
Under no circumstances shall EVALANDGO Software be liable for any infringement of the rights of third parties by the Free User in connection with the use of the Application.

5.2.2. EVALANDGO Software grants the Free User, who accepts it, a non-exclusive right of access to the Application for the duration specified in Article 10 of the Terms of Use.

The Free User’s use of the Application must be in accordance with its intended purpose and for their own needs.
This right of access is granted to the Free User on a strictly personal basis and may not be transferred or passed on to a third party for any reason whatsoever.
The Free User shall refrain from authorising access to the Application to any third party without the prior written consent of EVALANDGO Software. The Free User may not, even free of charge, grant any right of use or access to the Application to third parties in any manner or form whatsoever.

5.2.3 Restrictions
The Free User shall refrain from infringing upon EVALANDGO Software’s economic and moral rights over the Application and all related elements.

Consequently, the Free User shall refrain from any type of use not explicitly provided for by law for the benefit of the Free User or not expressly authorised by the Contract, including:

✓ Use the Application outside the terms and conditions set forth in this Agreement or make a copy of it;
✓ Correct or have a third party correct any anomalies in the Application without the prior written consent of EVALANDGO Software;
✓ Use third-party maintenance;
✓ To lend, rent, transfer or otherwise make available the Application or its Documentation by any means, including via the Internet;
✓ Transfer and/or procure the Application in any way whatsoever to a third party for the purpose of installing, copying or using it in any way without the express consent of EVALANDGO Software;
✓ To disseminate, distribute or market the Application, whether for a fee or free of charge, or to use it for the purpose of providing services or training to third parties;
✓ To disassemble or decompile the Application and, in general, not to reconstruct the logic of the Application’s functionalities or transpose the Application’s functionalities into a perceptible format.
✓ Adapt, modify, transform or arrange the Application, even partially, in particular with a view to creating derivative or new functionalities of a derivative or new software program;
✓ Transcribe or translate the Application into other languages;
✓ Alter, modify, move or replace trademarks, trade names, logos, copyright notices and any distinctive elements as they appear or may appear on the Application and each of its components and/or on the Documentation.

In the event that the Free User wishes to make the Application interoperable, they must first contact EVALANDGO Software to make any necessary adjustments and/or obtain the information strictly necessary for such interoperability.
In any event, EVALANDGO Software is solely authorised to intervene on the Application and the final decision to make it interoperable or not is at the discretion of EVALANDGO Software, without incurring any obligation towards the Free User or any right to compensation for the latter in the event of a negative decision by EVALANDGO Software.
Compliance by the Free User with the above provisions constitutes an essential condition of the Contract for EVALANDGO Software.

5.3. Intellectual property rights granted to the User Free access when accessing to the Application

EVALANDGO Software grants the Free User, exclusively in connection with the use of the Application, the right to use the Questionnaire Catalogue throughout the term of the Contract, worldwide.

ARTICLE 6. INDEPENDENCE OF THE PARTIES

The Parties expressly declare that they are and will remain, throughout the duration of this contract, independent business and professional partners, each insuring the risks of their own activities.

ARTICLE 7. COOPERATION

The Parties undertake to perform this Contract in good faith.
To this end, each Party undertakes to ensure, in the best interests of the performance of the Agreement, the stability and competence of the personnel involved in its performance. If a difficulty arises during the performance of the Agreement, the Parties shall notify each other without delay and consult with each other to implement the most appropriate solution as quickly as possible.

ARTICLE 8. RESPONSIBILITY

8.1 EVALANDGO Software Responsibility

Evalandgo Software undertakes to use reasonable means to ensure the proper functioning of the Application within the framework of a general obligation of means.

The Free User acknowledges that:

the free plan is provided without any guarantee of availability, performance or continuous accessibility;
the Application may be temporarily suspended for maintenance or updates, with Evalandgo Software endeavouring, where possible, to inform the Free User in advance;
use of the Application depends on the proper functioning of the Internet network, access providers, and the Free User’s equipment and software, over which Evalandgo Software has no control.

Evalandgo Software cannot be held liable in the event of:

non-compliant use of the Application;
failure by the Free User to comply with these Terms of Use;
unavailability resulting from a case of force majeure within the meaning of Article 1218 of the Civil Code;
failure of the hosting provider, interruptions to the Internet or telecommunications networks;
deletion of data or limited access resulting from the limitations of the free plan or account inactivity.

In any event, Evalandgo Software shall not be held liable for any indirect damage, such as loss of turnover, loss of profits, loss of customers, damage to image, interruption of activity or loss of unsaved data, even if it has been informed of the possibility of such damage.

For Free Users acting in a professional capacity, Evalandgo Software’s liability is limited to proven direct damage, excluding any indirect damage, and may not exceed the total amount paid by the User for the service over the last twelve (12) months, this amount being €0 under the free plan.

8.2 Free User Responsibility

The Free User is solely responsible for:

The Free User uses the Application at their own risk. Consequently, EVALANDGO Software cannot be held liable in the event of:

content that they create, distribute or collect via the Application;
the legality of their questionnaires, the data collected and the processing carried out;
respect for the rights of third parties, particularly with regard to intellectual property and data protection;
the use of their login details and the confidentiality of their password.

The Free User remains responsible for all actions carried out via their account, including those carried out by their employees, corporate officers or any person acting on their behalf.
Evalandgo Software cannot under any circumstances be held liable for:

data loss resulting from a failure to back up data by the Free User;
the use of the Application by the Free User in violation of these Terms of Use or applicable regulations;
damage resulting from illegal content or activities published by the Free User or by third parties.

ARTICLE 9. ACCESS TO THE APPLICATION

To use the Application, Free Users are invited to create a Free Evalandgo Account using a valid email address and a confidential password.
Login details are unique, personal and strictly confidential.
The Parties undertake, each insofar as they are concerned, to preserve their confidentiality. Free Users are solely responsible for their use.
Any use of the login details is irrefutably deemed to constitute use of the Application by the Free User, which the latter expressly agrees to.
The Free Evalandgo account is for single-user use only. Free Users must immediately report any unauthorised use of their login details or any breach of the confidentiality of their login details.

ARTICLE 10. DURATION

The Contract is concluded for an indefinite period from the creation of the Free Evalandgo Account by the Free User.

The Free User may terminate the Contract at any time by deleting their account using the features provided for this purpose in the Application. This deletion will result in the immediate termination of access to the Application and may lead to the deletion of all associated data, in accordance with the Privacy Policy.

In the event of a total absence of connection to the Free evalandgo Account for a period of eighteen (18) consecutive months, Evalandgo Software may proceed to:

deactivate the Account, then
permanently delete it, including all associated data, after a reasonable period of time.

Where possible, a warning email will be sent to the Free User before any permanent deletion of the Account due to inactivity.

On the date of deletion of the Account, whether as a result of termination or prolonged inactivity, the Free User will lose all

ARTICLE 11. SUSPENSION OF THE CONTRACT

11.1. Suspension in the event of breach

Evalandgo Software may temporarily or permanently suspend the Free User’s access to all or part of the Application, without compensation, in the event of:

breach of these Terms of Use;
fraudulent or abusive use, or use that contravenes laws and regulations;
dissemination of content that is illegal, offensive or infringes the rights of third parties;
attempted unauthorised access to the Application or to a third party’s account;
behaviour likely to disrupt the operation or security of the Application;
failure to comply with the obligations set out in Article 4.2 and, where applicable, the applicable provisions of the Data Processing Agreement (‘DPA’).

Suspension is a precautionary measure enabling Evalandgo Software to avoid harm or security risks. The duration of the suspension is at the discretion of Evalandgo Software, depending on the seriousness of the breach.

11.2. Account deletion in the event of serious or repeated breaches

In the event of a serious or repeated breach of these Terms of Use by the Free User, or if the Free User’s behaviour undermines the functioning, security or reputation of the Application, Evalandgo Software may permanently delete the Account without notice and without compensation.

Deletion of the Account will result in the loss of access to all associated data, in accordance with the Privacy Policy.

11.3. Suspension or interruption for technical reasons

Evalandgo Software may also suspend access to the Application in the following cases:

maintenance operations, updates or technical developments;
malfunctions affecting the host or technical infrastructure;
security incidents requiring immediate intervention.

Evalandgo Software will make every effort to limit the duration of these interruptions where possible.

11.4. Absence of recourse

The Free User acknowledges that access to the free plan is provided without any guarantee of continuity or availability, and that any suspension or deletion of the Account carried out in accordance with this article shall not give rise to any compensation, reimbursement or indemnity of any kind whatsoever.

ARTICLE 12. PERSONAL DATA

The Parties undertake to comply with all applicable laws and regulations relating to the protection of personal data, in particular Law No. 78-17 of 6 January 1978, as amended, known as the ‘Data Protection Act’, and Regulation (EU) 2016/679 of 27 April 2016 (GDPR).

12.1. Role of the Parties for data collected via questionnaires

In the context of Surveys and questionnaires created by the Free User:

the Free User acts as Data Controller, within the meaning of Article 4 of the GDPR;
Evalandgo Software acts as a Processor, in accordance with Article 28 of the GDPR.

All of the obligations of the Data Controller and the Data Processor are defined in the Data Processing Agreement (DPA), which forms an integral part of the Contract and is accessible at any time on the Website.

In the event of an error in the classification of roles, the Parties undertake to consult each other in order to adapt this clause or take any necessary measures.

12.2. Personal data linked to the Free Evalandgo Account

For data necessary for the creation and management of the Free Evalandgo Account (email, username, connection logs, preferences, support interactions, etc.):

Evalandgo Software acts as the Data Controller.
These processing operations are described in the Privacy Policy, which can be accessed at any time on the Website.

Free Users acknowledge that they have been informed of the purpose of these processing operations, their legal basis, retention periods and their rights (access, rectification, erasure, objection, restriction, portability), as detailed in the Privacy Policy.

12.3. Data security and confidentiality

Evalandgo Software implements reasonable technical and organisational measures to ensure the security, availability and integrity of the data processed via the Application.

However, as no online service can guarantee absolute security, Free Users are required to:

use a strong and confidential password;
ensure its protection;
avoid sharing their account or login details.

12.4. Data hosting

Data hosted as part of the Application is stored on servers located in France, provided by a hosting provider that complies with GDPR requirements.

12.5. Data retention and deletion

Free User data is retained for the duration of use of the Free Evalandgo Account, then deleted in accordance with the terms and conditions specified in the Privacy Policy.

In the event of deletion of the Account or prolonged inactivity in accordance with Article 10, all or part of the data may be deleted.
Evalandgo Software may send a warning email when technically possible. Free Users are invited to export their data before deleting their Account.

ARTICLE 13. CESSION AND SUBCONTRACTING

13.1. Assignment of the Contract by Evalandgo Software

Evalandgo Software may assign or transfer all or part of the Contract to any company of its choice, particularly in the context of a restructuring operation (merger, acquisition, contribution, change of control), subject to informing the Free User by email.

The assignment shall be enforceable against the Free User from the date of such notification.
The assignment of the Contract shall not give rise to any refund, compensation or early termination in favour of the Free User.

13.2. Prohibition of assignment by the Free User

The Free User may not assign, transfer or delegate the Contract, in whole or in part, to a third party, free of charge or for a fee, without the prior written authorisation of Evalandgo Software.

Any attempt to assign the Agreement in violation of this clause shall be deemed null and void.

This prohibition does not apply in the event of a transfer of the Agreement as part of a business transfer or similar transaction, provided that Evalandgo Software is notified at least thirty (30) days before the effective date of the transfer.

13.3. Subcontracting

Evalandgo Software may freely call upon one or more subcontractors to perform all or part of the Contract, in particular for:

data hosting,
technical maintenance,
IT security,
support or infrastructure operations,
the provision of additional modules or services integrated into the Application.

In this context, Evalandgo Software remains liable to the Free User for the performance of the subcontracted services, in accordance with these Terms and Conditions and the applicable provisions, in particular with regard to the protection of personal data.

ARTICLE 14. TOLERANCES

It is formally agreed that any tolerance or abandon of one of the parties, in the application of the commitments provided for in this contract, fully or partially, at any frequency and duration, cannot generate a modification of this contract , nor generate any right.

ARTICLE 15. MODIFICATIONS

15.1. Changes to the Terms of Use

Evalandgo Software may modify these Terms of Use at any time, in particular to take into account legal, regulatory, technical or organisational changes to the Application.

The modified Terms of Use will be applicable as soon as they are posted online.
Where the amendment involves a substantial change to the rights or obligations of the Free User, Evalandgo Software may request a new acceptance when the User next logs into the Application.

By continuing to use the Application after the updated Terms of Use have been posted online, the Free User acknowledges that they accept the new provisions.

15.2. Changes to the Application and features

Evalandgo Software may, at any time and without notice, modify, add, limit or remove all or part of the features offered as part of the free plan.

These changes may include:

the features available,
the applicable usage limits or quotas,
the conditions of access or data retention,
the addition or removal of integrated modules or tools,
the temporary provision of premium features on a trial basis.

These modifications shall not give rise to any refund, compensation or indemnity of any kind whatsoever for the benefit of the Free User.

15.3. Continuity of service

Evalandgo Software will make reasonable efforts to inform Free Users of significant changes to the Application, in particular via the Application or by email, where technically and commercially possible.

ARTICLE 16. FORCE MAJEURE

Similarly, in the event of force majeure or any other cause beyond the control of either party and likely to prevent it from fulfilling its contractual obligations, the affected party shall inform the other party by any means as soon as possible. It shall provide proof of the existence and cause of this event no later than ten working days after its occurrence. It shall notify the other party as soon as possible of the cessation of this event.
The obligations of the parties shall be suspended for the duration of the force majeure and the parties shall use their best efforts to limit the duration and effects of the cause of the force majeure. However, if this duration exceeds one month, the parties shall consult on the conditions for the continuation or possible termination of this agreement.

ARTICLE 17. PARTIAL INVALIDITY

The nullity or inapplicability of any of the stipulations of this contract shall not invalidate the other stipulations which will retain all their force and their scope.
However, the parties may by mutual agreement, agree to replace the invalidated provision(s).

ARTICLE 18. APPLICABLE LAW

This agreement is governed by the laws and regulations of the French Republic.
This agreement is written in French. In the event that it is translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

ARTICLE 19. AMICABLE SETTLEMENT

Any disputes arising from purchase and sale transactions concluded under these general terms and conditions of use, concerning their validity, interpretation, execution, termination, consequences and repercussions, which cannot be resolved between EVALANDGO Software and the Free User, shall be submitted to the competent courts under the conditions of ordinary law.
The Free User is informed that they may, in any event, resort to conventional mediation, in particular if they are a consumer, before the Consumer Mediation Commission (C. consom. art. L 612-1) or to the existing sectoral mediation bodies, whose references are listed on the website of the Ministry of the Economy, via the link https://www.economie.gouv.fr/mediation-conso, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.

ARTICLE 20 — LIMITATIONS OF THE FREE PLAN

The free plan provides access to a limited version of the Application.

Certain features, options, or add-ons are reserved for paid plans, in accordance with the information presented on the Website or in the Application.

Evalandgo Software may, at any time and without notice, modify the functional scope of the free plan, adjust usage limits, restrict or expand access to certain features, or temporarily offer premium features on a trial basis.

The Free User acknowledges that:

access to the free plan does not confer any right to maintain the same level of service, features or usage limits over time.
data associated with the free plan may be limited, restricted or deleted in accordance with the limits applicable to this plan or in the event of account inactivity, in accordance with these Terms of Use;
any modification to the free plan shall not give rise to any indemnity, refund or compensation of any kind whatsoever.

DEFINITIONS

Appendix: element of the Contract appearing in the appendix to the Terms of Use

Application: Software package developed by EVALANDGO Software combining all the features needed to create and host Surveys, Reports and Results, and to host Data, accessible as part of the ‘software as a service’ model via the Website or the URL app.evalandgo.com.

Questionnaire catalogue: set of ready-to-use questionnaires, designed by EVALANDGO Software, forming an integral part of the Application, which may be used freely by the Customer during the term of the Contract, worldwide, and customised if necessary.

Free Evalandgo account: online space reserved for Free Users, which they can access using their Username, where they can store their Data, and from which they can benefit from the free features of the Application and view or download their Data in csv format.

Terms of Use: Contractual provisions set out above, prior to the Annexes

Contract: contract concluded between the Free User and EVALANDGO Software, by validating the Subscription Page, for the purpose of accessing the Application, and combining the elements mentioned in Article 3 of the Terms of Use.

Documentation: Set of information presenting the various features of the Application and how to use these features, accessible via the Application.

Data: Information and digital elements transmitted by the Free User and hosted on the Server, in connection with the use of the Application.

Host: Specialised company providing EVALANDGO Software with the Servers.

Hotline: service offered by EVALANDGO Software consisting of answering any questions from the Free User relating to the use or malfunction of the Application, either by email or by telephone.

Username: email address provided by the Free User when creating the Free evalandgo Account or modified at a later date.

Subscription page: Web page accessible via the Site, allowing subscription to the Application, on which the Free User must enter their identification details.

Trial period: period during which the Free User can test the Application’s normally paid features free of charge.

Data subjects: natural persons whose personal data is processed within the framework of the Contract.

Report: Document generated by the Application, allowing the responses of Respondents to be presented in an understandable manner, the content of which can be modified and personalised via the Application.

Results: information collected from Respondents via the Application.

Server: Computer equipment belonging to the Host and located on its premises, containing the Application and on which EVALANDGO Software has an exclusive or non-exclusive right of use and, as such, may store all or part of the Data.

Site: websites www.evalandgo.com; www.evalandgo.com/en; www.evalandgo.com/es;

Survey: main feature of the Application enabling the design and distribution of digital questionnaires online, the collection of responses from Respondents and the generation of Reports.

Respondents: Persons participating in the Survey.

Free Users: Natural or legal persons who have subscribed to the contract free of charge.