These Terms of Service (the "Terms") constitute a legally binding agreement between you and Hedgehog Software LLC, a Wyoming limited liability company doing business as Evaluio ("Evaluio," "we," "us," or "our"), governing your access to and use of the Evaluio websites, applications, and related services that reference these Terms (collectively, the "Services").
By creating an account, accessing, or using the Services, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of a company, academy, club, or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
If you do not agree to these Terms, you may not access or use the Services.
Evaluio provides a cloud-based platform intended primarily for soccer academies and similar sports organizations to, among other things:
We may modify, suspend, or discontinue features of the Services from time to time, provided that material reductions in core paid functionality will be handled in accordance with applicable subscription terms and notice practices.
You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account and use the Services. Children are not permitted to create accounts. Player information relating to minors may be entered only by authorized adult users acting on behalf of a customer organization.
Access within an organization may be role-based, including without limitation:
You agree that you will not, and will not permit others to:
You are solely responsible for your Content (defined below) and for ensuring that your use of the Services complies with your internal policies and all laws applicable to youth sports organizations, employment, privacy, and communications.
As between you and Evaluio, you (or your organization) retain all right, title, and interest in and to data, content, and materials you submit to the Services, including player information, evaluation responses, and organization configuration ("Customer Data" or "Content").
You grant Evaluio a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and otherwise use Customer Data solely as necessary to provide, maintain, secure, and improve the Services, to prevent or address service or technical issues, and as otherwise required by law or expressly permitted by you.
Our processing of personal information is described in our Privacy Policy. Where you provide information about minors or parent or guardian contacts, you represent and warrant that you have all rights, consents, and lawful bases required to collect, use, and disclose such information through the Services, including any required parental or guardian consent.
You are responsible for configuring the Services (including email notifications) in a manner consistent with your legal obligations and the expectations of parents and guardians.
The Services, including software, interfaces, designs, documentation, trademarks, and all related intellectual property, are owned by Evaluio or its licensors and are protected by applicable intellectual property laws. Except for the limited right to access and use the Services under these Terms, no rights are granted to you.
Feedback you provide regarding the Services may be used by us without restriction or obligation to you.
Subscription management (including cancellation) may be available through the billing portal linked from your account settings, subject to the terms displayed there.
14-day money-back guarantee. For every new paid subscription, you may request a full refund of the amount paid for that initial subscription period within fourteen (14) days of the purchase date. To request a refund, email hello@evaluio.com with the email address on your account. We will process approved refunds to the original payment method. This guarantee is offered to all customers worldwide, including customers in the United States, the United Kingdom, and the European Union.
After the 14-day period ends, fees for that subscription period are non-refundable except where required by applicable law. You may cancel future renewals at any time through the billing portal in your account settings; cancellation stops the next renewal charge but does not entitle you to a refund of amounts already paid for the then-current period (unless you are still within the 14-day window for a new subscription, or another legal right applies).
UK and EU consumer rights. If you are a consumer in the United Kingdom or the European Union purchasing the Services online, you may have a statutory right to withdraw from the contract within 14 days under applicable consumer protection law (including the UK Consumer Contracts Regulations 2013 and the EU Consumer Rights Directive). Our 14-day money-back guarantee is intended to satisfy and, where permitted, exceed those cooling-off requirements for the initial purchase. Nothing in these Terms limits any non-waivable statutory rights you have as a consumer.
If you exercise a statutory withdrawal right or our money-back guarantee, we will refund the relevant fees and may terminate access to paid features associated with that subscription.
The Services may interoperate with third-party services (including identity providers, payment processors, and email delivery providers). Your use of third-party services may be subject to separate terms and privacy policies. Evaluio is not responsible for third-party services that we do not control.
We use commercially reasonable efforts to make the Services available; however, we do not guarantee uninterrupted, timely, or error-free operation. Scheduled maintenance, emergency maintenance, force majeure events, and failures of third-party providers may affect availability.
Support is provided on a commercially reasonable basis via the channels we make available (for example, in-product support tickets or email).
You may stop using the Services at any time. We may suspend or terminate your access immediately if: (a) you breach these Terms; (b) your use creates security risk, legal exposure, or material harm to the Services or others; (c) required by law; or (d) your subscription expires or is cancelled and access to paid features is no longer authorized.
Upon termination, your right to use the Services ceases. Provisions that by their nature should survive (including ownership, disclaimers, limitations of liability, indemnification, and governing law) will survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EVALUIO 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 SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT EVALUATION OUTCOMES OR REPORTS WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR DECISION.
Evaluio is a software tool and does not provide medical, legal, coaching licensure, or child-protection advice. Decisions regarding player selection, training, or communications with families remain solely your responsibility.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EVALUIO OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO EVALUIO FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
You agree to defend, indemnify, and hold harmless Evaluio and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data; (b) your use of the Services; (c) your violation of these Terms or applicable law; or (d) your failure to obtain required consents for youth, parent, or guardian data.
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and may provide additional notice. Except where required otherwise by law, changes become effective when posted. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws of your jurisdiction provide otherwise.
Before filing a claim, you agree to first contact us at hello@evaluio.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Subject to applicable law, exclusive jurisdiction and venue for disputes arising out of these Terms will lie in the state or federal courts located in Sheridan County, Wyoming, and you consent to personal jurisdiction there. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Questions about these Terms may be directed to:
This document is provided for general commercial use and does not constitute legal advice. Have qualified counsel review these Terms for your entity, jurisdiction, and insurance requirements before relying on them in production.