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Evolve’s Terms of Use

Evolve Terms of Use

Your use of the ROSIA Platform that include RMAP, ROSIA DMS, Modern Trade, DBS, L&D and its mobile applications (collectively, the “Platform”), and any features, services, and content provided through the Platform, is governed by this Terms of Use Agreement (this “Agreement”), which constitutes a legally binding agreement between you (“you,” “User,” or “Customer”) and Evolve Private Limited (“Evolve,” “we,” or “our”). By accessing or using the Platform, including browsing, submitting information, or utilizing the Platform in any other manner, you agree to comply with and be bound by the terms and conditions set forth in this Agreement.

This Platform is intended for use exclusively by residents of the Federal Republic of Nepal.

  1. 1.

    Changes to the Agreement

    Evolve may update or modify this Agreement at any time by posting the revised version on the Platform. It is your responsibility to regularly check this Agreement for any updates. Your continued use of the Platform after such updates constitutes your acceptance of the modified terms. If any significant changes are made, Evolve may provide notice through the Platform or other appropriate means.

  2. 2.

    Use of the Platform and Prohibited Conduct

    You agree not to use any electronic communication feature of the Platform for purposes that are illegal, harmful, defamatory, obscene, threatening, abusive, or otherwise objectionable as determined by Evolve.

    You will not upload, distribute, or share any content that violates copyright, intellectual property rights, or any other proprietary rights of third parties. You agree not to engage in any unauthorized collection, use, or storage of personal data from other users of the Platform.

    You will not use the Platform for any commercial purpose not expressly authorized by Evolve in writing.

  3. 3.

    Grant of License

    Evolve grants you a limited, non-transferable, non-exclusive license to use the Platform solely in accordance with this Agreement. This license does not grant you any ownership rights or intellectual property rights in the Platform, which remain solely with Evolve. You may not copy, distribute, modify, sell, or create derivative works from the Platform without Evolve’s express written consent.

  4. 4.

    Privacy and Data Usage

    Your privacy is important to us. By using the Platform, you consent to the collection, use, and storage of your data as outlined in Evolve’s Privacy Policy. Evolve’s Privacy Policy governs how we collect, use, and protect your information. Please read the Privacy Policy carefully to understand how your data will be handled.

  5. 5.

    Accounts, Passwords, and Security

    When creating an account, you must provide accurate and up-to-date information. You are responsible for maintaining the completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid phone number and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, whether or not authorized by you. You agree to notify Evolve immediately of any unauthorized use of your Evolve’s account.

  6. 6.

    Mobile Service, Internet, and Service Fees

    The use of the Platform on a mobile device (whether the mobile app Platform or mobile web Platform) requires the use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform Updates, from Evolve, your mobile carrier, or third-party service providers.

  7. 7.

    Third-Party Services and Content

    The Platform may include links to third-party websites, services, or content. Evolve does not control, endorse, or assume responsibility for any third-party websites, services, or content. By using such third-party services or content, you acknowledge and agree that Evolve is not responsible for any loss, damage, or other issues arising from your use of such third-party services.

  8. 8.

    Mobile Platform Updates

    Evolve may automatically update the Platform on your device to improve functionality, security, or features. By using the Platform, you consent to the automatic download and installation of these updates. If you do not wish to receive these updates, you may opt to uninstall the Platform.

  9. 9.

    Intellectual Property Ownership

    There are a number of trademarks, logos, service marks, slogans, product names, designations, and other proprietary indicia (collectively “Trademarks”) used in the Platform and in the Content. By making these Trademarks available through the Platform and in the Content, Evolve is not granting you a license to use them in any fashion, and you are not granted any license under any of Evolve’s or any third party’s Trademarks or other intellectual property rights, except as specifically set forth in this Agreement. No Evolve Trademarks may be used as a username, icon, identifier, hyperlink, or in any other manner without Evolve’s prior written permission.

    The Platform, Content, and the selection, coordination, and arrangement thereof, are owned either by Evolve or its respective licensors. The unauthorized copying, displaying, selling, distributing, or other use of any Content or Platform is a violation of the law.

  10. 10.

    Grant of Use Rights

    By using the Platform, you agree that Evolve retains full ownership of all rights to the Platform and all intellectual property related to it. Evolve provides you with a limited, non-transferable license to use the Platform solely in accordance with this Agreement.

  11. 11.

    Governing Law and Dispute Resolution

    This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nepal. Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in Kathmandu, Nepal, in accordance with the rules of the Nepal Arbitration Act.

  12. 12.

    Limitation of Liability

    To the fullest extent permitted by law, Evolve shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Platform. Evolve’s total liability for any claim related to this Agreement or the use of the Platform shall not exceed the total fees you paid for access to the Platform in the six (6) months immediately preceding the event giving rise to the claim.

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