Terms of Service

1. Scope and Acceptance

These Terms of Service (the "Terms") constitute a binding agreement between BoostEval ("BoostEval", "we", "us", or "our") and the organisation that subscribes to the Service (the "Customer" or "you"). They govern access to and use of the BoostEval platform, website, and related services (together, the "Service"), including use by the individuals the Customer authorises to access the Service ("End-Users"). By registering for, accessing, or using the Service, you accept these Terms. If you do not agree to them, you must not access or use the Service. The Customer is responsible for ensuring that all End-Users comply with these Terms.

2. Account Registration and Eligibility

2.1 Registration

To use the Service, an authorised representative of the Customer must complete the registration process and establish an administrator account. By doing so, that individual represents and warrants that they have the authority to bind the Customer to these Terms. The Customer agrees to provide accurate and complete registration information and to keep it current.

2.2 Approval

Registrations are subject to review and approval by BoostEval. We will confirm activation by email once an account is approved. We reserve the right to refuse, suspend, or withdraw approval at our discretion where a registration does not meet our criteria.

2.3 Account Security

The Customer is responsible for maintaining the confidentiality of all account credentials and for all activity occurring under its accounts. The Customer must notify us promptly at contact@boosteval.com of any suspected unauthorised access or security incident.

3. Subscriptions, Fees, and Payment

3.1 Subscription Plans

The Service is offered under tiered subscription plans (Starter, Growth, Business, and Enterprise). The features and limits applicable to each plan are described on our website and form part of these Terms. The Customer selects the plan appropriate to its requirements.

3.2 Fees and Billing

Subscription fees are payable in advance for each billing period (monthly or annual, as selected). Payment is processed by our third-party payment provider. By providing payment details, the Customer authorises recurring charges to its designated payment method for the applicable subscription fees.

3.3 Changes to Fees

We may revise our fees from time to time. We will provide at least thirty (30) days' prior notice of any fee change affecting the Customer's subscription. The Customer may cancel before the revised fees take effect; continued use thereafter constitutes acceptance of the revised fees.

3.4 Failed Payments

If a payment is not successfully processed, we will notify the Customer and provide an opportunity to update its payment details. We may suspend access to the Service where payment remains outstanding after a reasonable cure period.

3.5 Taxes

Fees are exclusive of applicable taxes, duties, and levies. The Customer is responsible for any such amounts, which may be added to invoices in accordance with applicable law.

3.6 Refunds

Except as required by law or expressly provided in these Terms, subscription fees are non-refundable and no credit is given for partial periods. Where a service failure attributable to BoostEval or other exceptional circumstances arise, we will consider requests in good faith.

4. Licence and Acceptable Use

4.1 Licence Grant

Subject to these Terms and payment of the applicable fees, BoostEval grants the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its internal performance-management purposes during the subscription term. The Service is provided on a subscription basis and is not sold; no rights are granted other than those expressly set out here.

4.2 Restrictions

The Customer shall not, and shall ensure that its End-Users do not: • use the Service in violation of any applicable law or regulation, or for any unlawful, infringing, or harmful purpose; • resell, sublicense, rent, lease, or otherwise make the Service available to any third party outside the Customer's organisation; • copy, modify, translate, or create derivative works of the Service, or attempt to decompile, disassemble, or otherwise reverse engineer it, except to the extent such restriction is prohibited by applicable law; • access the Service in order to build a competing product or service, or for benchmarking or similar competitive analysis; • upload, store, or transmit any content that infringes the intellectual property, privacy, or other rights of any third party, or that is unlawful, defamatory, or otherwise objectionable; • introduce any malicious code, or interfere with, disrupt, or attempt to gain unauthorised access to the Service, its underlying systems, or other users' data; • use any automated means (including bots, crawlers, or scrapers) to access the Service or extract data from it, except through interfaces we expressly make available; or • circumvent or attempt to circumvent any usage limits, access controls, or security measures of the Service.

5. Customer Data

5.1 Ownership

As between the parties, the Customer retains all right, title, and interest in and to the data it or its End-Users submit to the Service, including employee profiles, evaluation responses, objectives, KPIs, and reports ("Customer Data"). BoostEval claims no ownership of Customer Data.

5.2 Roles and Responsibilities

In respect of personal data contained within Customer Data, the Customer acts as the data controller and BoostEval acts as a data processor, processing such data solely on the Customer's documented instructions and as necessary to provide the Service. The Customer is responsible for ensuring it has a lawful basis to collect and process such data and for compliance with all applicable data protection laws.

5.3 Prohibited Content

The Customer shall not submit to the Service any special categories of personal data (such as health or biometric data), confidential information of third parties, or any data the submission of which would breach applicable law or any obligation owed to a third party.

5.4 Data Export and Deletion

The Customer may export Customer Data at any time during the subscription term. Following termination, BoostEval will make Customer Data available for export for a reasonable period, after which it will be securely deleted in accordance with our data retention practices.

6. Intellectual Property

The Service, including all software, technology, design, user interfaces, documentation, trademarks, and other materials provided by BoostEval, and all intellectual property rights therein, are and remain the exclusive property of BoostEval and its licensors. These Terms grant the Customer only the limited right of use set out in Section 4; all rights not expressly granted are reserved. Customer Data, and the Customer's objectives and KPIs, remain the property of the Customer. BoostEval may use such data only to provide and support the Service. If the Customer or any End-User provides suggestions, feedback, or recommendations regarding the Service ("Feedback"), BoostEval may use and incorporate such Feedback without restriction or obligation. The Customer grants BoostEval a perpetual, irrevocable, royalty-free licence to use any Feedback for any purpose.

7. Confidentiality

Each party may receive information of the other that is marked or reasonably understood to be confidential ("Confidential Information"). Each party agrees to use the other's Confidential Information solely to perform under these Terms, to protect it with no less than reasonable care, and not to disclose it except to personnel and advisers with a need to know who are bound by equivalent confidentiality obligations. These obligations continue for the duration of the subscription and for a reasonable period thereafter, and do not apply to information that is or becomes public through no fault of the receiving party, or that is independently developed or lawfully obtained without restriction.

8. Service Availability

BoostEval will use commercially reasonable efforts to make the Service available with minimal interruption. We may suspend access for scheduled maintenance, updates, or to address security or operational issues, and will seek to provide advance notice and to conduct planned maintenance during off-peak periods where practicable. The Service is provided without a guarantee of uninterrupted or error-free availability.

9. Warranties and Disclaimers

BoostEval warrants that it will provide the Service with reasonable skill and care. Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service is provided "as is" and "as available", and BoostEval disclaims all other warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by applicable law, neither party shall be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service. BoostEval's total liability arising out of or relating to these Terms is limited to the fees paid by the Customer to BoostEval in the period leading up to the event giving rise to the claim. Nothing in these Terms excludes or limits either party's liability for fraud, gross negligence, wilful misconduct, or any other liability that cannot be excluded or limited under applicable law.

11. Customer Responsibility

The Customer is responsible for any claims or reasonable costs incurred by BoostEval that arise from the Customer's or its End-Users' misuse of the Service, breach of these Terms, or violation of the rights of others.

12. Term, Suspension, and Termination

12.1 Term

These Terms commence on activation of the Customer's account and continue for the duration of the subscription until terminated in accordance with this Section.

12.2 Termination by the Customer

The Customer may cancel its subscription at any time through its account settings. Cancellation takes effect at the end of the then-current billing period, and no further fees will be charged thereafter.

12.3 Suspension and Termination by BoostEval

BoostEval may suspend or terminate access to the Service where the Customer materially breaches these Terms (including non-payment) and fails to cure such breach within a reasonable period after notice, or where required to do so by law or to protect the security or integrity of the Service. We will provide reasonable notice where circumstances permit.

12.4 Effect of Termination

Upon termination, the Customer's right to access the Service ceases. Customer Data will remain available for export for a reasonable period, after which it will be securely deleted. Provisions that by their nature should survive termination (including those relating to Customer Data ownership, intellectual property, confidentiality, liability, and indemnification) shall survive.

13. Governing Law

These Terms are governed by the laws of Mali. The parties will seek to resolve any dispute amicably through good-faith discussion in the first instance.

14. General

14.1 Changes to these Terms

We may amend these Terms from time to time. Where changes are material, we will provide notice by email or through the Service before they take effect. Continued use of the Service after the effective date constitutes acceptance of the amended Terms.

14.2 Entire Agreement

These Terms, together with our Privacy Policy, Data Protection Policy, and Cookie Policy, constitute the entire agreement between the parties regarding the Service and supersede all prior understandings on that subject matter.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4 No Waiver

A failure or delay in exercising any right under these Terms does not constitute a waiver of that right.

14.5 Assignment

The Customer may not transfer these Terms to another party without our prior written consent.

14.6 Events Beyond Reasonable Control

Neither party is responsible for any failure or delay in performance caused by events beyond its reasonable control, such as natural disasters, power outages, or network failures.

For questions regarding these Terms, please contact us at contact@boosteval.com.