EVC Telescope Universal Terms of Service

1          Purpose

This document sets forth the terms under which EVC Solutions Teknoloji Danışmanlık Limited Şirketi (hereinafter referred to as “EVC Solutions”) provides:

• Software-as-a-Service (SaaS) for the collection, processing, and delivery of assignment data via the EVC Telescope Services, performed by Agents, exclusively for the use and benefit of the Consumer; and
• Professional consultancy services related to the EVC Telescope platform, including, but not limited to, micro-project management, and advisory services.

2          Definitions

2.1       Specific Terms

For the purposes of these Terms of Service, the following terms shall have the meanings set forth below:

• Service Provider (EVC Solutions):
  The company that owns and operates the EVC Telescope Services and its associated components, responsible for provisioning the platform, maintaining system integrity, and executing assignments in accordance with the Consumer’s instructions and consent.
• Consumer:
  The organization or entity that subscribes to the EVC Telescope services, designs and / or approves assignments, and receives assignment data collected by Agents. The Consumer retains ownership of all assignment data.
• Agent:
  An individual designated by the consumer and authorized to use the EVC Telescope Mobile Application to execute assignments. Agents collect assignment data from Data Sources according to the instructions and Assignment Definitions provided by the Consumer.
• Data Source:
  Any individual, entity, or system from which data is collected through the execution of an assignment. Data Sources may include opinions, images, video, audio, location, or manually entered information. The Consumer and Agent are responsible for ensuring Data Sources are informed and provide consent where required.
• Service Contract / Agreement:
  The legally binding document that governs the provision of EVC Telescope services by the Service Provider to the Consumer, including the rights, responsibilities, and obligations of all parties.
• Data Collection:
  The complete process by which Agents, under the guidance of the Service Provider and according to Assignment Definitions, gather, record, and transmit assignment data to the Consumer.
• EVC Telescope Services:
  The central application and backend system that manages assignment execution, data collection, storage, and delivery. It includes both server-side and mobile Agent execution layers.
• Assignment:
  A task assigned to a single Agent, designed and / or approved by the Consumer, and executed through the EVC Telescope system. Each assignment generates Assignment Data in accordance with its Assignment Definition. Assignments are typically day-based and may be ad-hoc or periodic according to schedule rules.
• Assignment Execution:
  Assignments are executed only upon Consumer consent. Two modes of operation are defined:
  • Trusted Mode: The Consumer authorizes the Service Provider to develop, test, and enact assignments at its discretion without requiring explicit consent for each instance.
  • Explicit Consent Mode: Each assignment requires explicit consent from the Consumer before execution, ensuring full Consumer oversight of data collection.
• Assignment Data:
  The data generated during the execution of an assignment, including media, location, and manually entered data. Each unit of Assignment Data is timestamped and delivered exclusively to the originating Consumer.
• Temporary Data:
  Ephemeral data temporarily stored on the Agent’s device during assignment execution. Temporary Data is recycled with each new assignment and is not permanently retained by the Service Provider.
• Consent:
  Explicit approval granted by Agents or Data Sources for the collection and processing of their data, in accordance with applicable laws and these Terms of Service.
• Micro-Project:
  An endeavor to resolve in the cycle of creating and maintaining the set of the process definitions and related configuration to the Consumer. Each micro-project represents the operational scope of the Service Provider’s engagement with the Consumer and may address data collection, and reporting requirements.
• Process Execution Engine:
  The software environment on both server and mobile devices where Assignment Definitions are interpreted and executed.

2.2       Assignment Definition

• AnAssignment Definition is a structured blueprint that governs the execution of a specific task within the EVC Telescope system. It represents a combination of:
  • Process Definition –A specialized proprietary logical structure designed by the Service Provider to execute specific business processes within the EVC Telescope environment for provision of tailor-made solutions.
  • Nature of the Asset: The Process Definition is an integral configuration component of the Service Provider’s platform and does not constitute a standalone software “work-for-hire.”
  • Ownership & Portability: All rights, titles, and interests in the Process Definition—including its logic, structural components, and other items—remain the exclusive property of the Service Provider. The Consumer acknowledges that these configurations are non-portable and function solely within the Service Provider’s proprietary execution layers.
  • Reuse Rights: The Service Provider retains the absolute right to utilize any configuration patterns, logic-flows, or entire definitions to provide services to any other entity, ensuring the continuous optimization of the global EVC Telescope ecosystem.
  • Execution Parameters – including timing (ad-hoc or periodic), calendar-based rules, and duration (assignments are day-based), agreed upon with the Consumer.
  • Execution Environment – a process definition can be designed to run either at the central server or on the Agent’s mobile device.

2.3       Assignment Activation and Modes of Operation

• Assignment Activation – An assignment becomes active only upon Consumer consent, whether ad-hoc or periodic. Consent governs the execution, testing, and data collection procedures as per the Assignment Definition.
• A “micro-project” may result in multiple Assignment Definitions to serve Consumer’s needs.
• Trusted Mode Operation:
  • The Consumer authorizes EVC Solutions to develop, test, validate, and enact Assignment Definitions at its discretion, without requiring explicit consent for each instance.
  • Used when the Consumer delegates operational control to the Service Provider under predefined rules.
  • The Consumer retains responsibility for the design, compliance, and legality of the assignment.
  • This is the default mode effective upon signature of the Service Agreement. The consumer may wish to switch to Explicit Consent mode via written communication after Service Agreement signature.
• Explicit Consent Mode Operation:
  • Each definition of assignment or batch of assignments requires explicit consent from the Consumer before becoming effective.
  • The Service Provider may prepare, test, and stage the assignment, but no collection or activation occurs until consent is provided.
  • This mode ensures that the Consumer maintains full control over design, timing and other attributes of assignments.
• Mode Transition:
  • The initial Operational Mode is defined in the Service Agreement.
  • The Consumer may request a transition between Explicit Consent Mode and Trusted Mode at any time via written notice (including authorized email).
  • Such changes become effective once acknowledged by the Service Provider and applied to the Process Execution Engine.

3          Disclaimers

3.1       Agency

• Nothing in these Terms of Service shall be construed as creating an employment, agency, partnership, or joint venture relationship between EVC Solutions and any Agent.

3.2       Credential Liability

• The Consumer is solely responsible for the confidentiality and use of all access credentials, including those for administrative access to the Management Console and those assigned to Agents.

3.3       Compliance Warranty

• The Consumer represents and warrants that it has the legal authority to designate Agents and to bind them to comply with the terms applicable to use of the Services.

4          Scope of Services

4.1       Provisioning of the Application:

• EVC Solutions grants the Consumer a non-exclusive, non-transferable right to access the EVC Telescope Services during the term of this Agreement.

4.2       Execution of Assignments:

• Assignments are designed and requested exclusively by the Consumer.
• EVC Solutions executes assignments via Agents and delivers the resulting data to the Consumer.
• The Service does not store or use data for purposes outside those explicitly defined in thisAgreement.

4.3       Service Availability and Support:

• EVC Solutions will maintain uptime at the highest possible for the EVC Telescope Services.
• EVC Solutions shall provide technical support services exclusively through asynchronous communication channels, including email and designated digital messaging platforms.
• Support is available during standard business hours (09:00 to 17:00, Ankara Time), Monday through Friday, excluding Turkish public holidays.
• All support requests shall be queued and addressed on a best-effort basis.
• EVC Solutions does not provide real-time telephonic support unless expressly agreed upon in a separate, premium Service Order.

5          Data Protection and Privacy

5.1       Categories of Data Collected:

• Assignment Data: Media (photo, video, audio), location, and manually entered data collected per assignment, associated with timestamps for accountability.
• Personal Information: Name, surname, email, and phone number, collected solely for authentication, user engagement, and account management.

5.2       Consent Requirements:

• Agents must explicitly consent to all actions involving camera, microphone, geolocation, and file access.
• The Application never accesses camera, microphone, geolocation, and files without explicit Agent action.
• Data Sources must be informed by the Consumer or Agent as required for legal indemnification. The service provider has no responsibility for informing the data source.

5.3       Data Storage and Access:

• Assignment data is stored centrally within EVC Telescope Services and accessible only to the Consumer that originated the assignment.
• Personal Information is used solely for authentication and user engagement notifications.

5.4       Data Retention and Deletion:

• Assignment data is retained as long as required for delivery and verification purposes, as well as for future reporting and potential litigation purposes.
• Agents can delete their accounts via using the relevant main menu in the EVC Telescope Mobile App, uninstalling the app, clearing application data, or getting in touch with relevant consumers. EVC Solutions may forward account deletion requests to the consumers as account deletion on demand is an issue that should be resolved between the consumer and the agent. EVC Solutions is not obliged to remove an account on request.
• Deletion of an Agent account does not remove assignment data from the Consumer’s ownership.

5.5       Data Sharing Restrictions:

• Assignment data cannot be shared outside the Application, except by explicit Agent consent and within the framework of assignment definitions.
• Responsibility for any consequences of data sharing outside the Application rests with the Agent and Consumer.

5.6       Data Security:

• EVC Solutions implements industry-standard encryption for data in transit and at rest.
• Access to EVC Telescope Services is controlled by strict access control mechanisms.
• EVC Solutions will notify the Consumer of any security incidents affecting stored data.

6          Responsibilities of the Agent

6.1       Execution in Strict Accordance with Instructions

• As being a designated person and acting solely on behalf of the consumer, the Agent shall execute each Assignment strictly in accordance with the applicable Assignment Definition, Process Definition, and all instructions provided by the Consumer.
• The Agent shall not modify, reinterpret, expand, or deviate from the defined process, data collection parameters, or execution environment without prior authorization from the Consumer.
• Any deviation from the defined assignment workflow, including unauthorized data collection or omission of required steps, shall constitute a material breach of these Terms of Service.

6.2       Obligation to Obtain Consent from Data Sources

• Where applicable under relevant data protection and privacy laws, the Agent shall obtain explicit, informed, and freely given consent from Data Sources prior to collecting any personal data, media, location data, or other identifiable information.
  The Agent shall ensure that:
  • Data Sources are informed of the purpose of the data collection,
  • The nature and scope of the data being collected, and
  • The identity of the Consumer as the beneficiary of the data collection.
• Failure to obtain proper consent shall render the Agent fully responsible for any resulting claims, regulatory penalties, or damages.

6.3       Respect for Privacy, Safety, and Legal Rights

• The Agent shall conduct all assignments in a lawful, ethical, and professional manner.
  The Agent shall not:
  • Infringe upon the privacy, dignity, or personal rights of any individual,
  • Engage in harassment, coercion, misrepresentation, or deceptive practices,
  • Collect data in restricted or legally protected areas without authorization,
  • Endanger the safety or security of any Data Source or third party.
• The Agent acknowledges that compliance with applicable laws, including but not limited to data protection, intellectual property, and criminal regulations, is mandatory during assignment execution.

6.4       Responsibility for Offensive or Unlawful Conduct

• The Agent and the Consumer accept full joint responsibility for any unlawful, offensive, defamatory, discriminatory, fraudulent, or otherwise improper conduct arising during the execution of assignments.
• This responsibility includes, but is not limited to:
  • Collection or submission of fabricated or manipulated data,
  • Submission of offensive or illegal content,
  • Violations of data protection regulations,
  • Unauthorized sharing of Assignment Data outside the EVC Telescope Services.
• Any such conduct may result in immediate suspension or termination of the Agent’s access to the Application and may expose the Agent and/or the Consumer to civil, administrative, or criminal liability.

6.5       Acknowledgment of Independent Conduct

• The Agent acknowledges that he/she acts as an independent executor of assignments and not as an employee, partner, or legal representative of EVC Solutions.
  Nothing in this Agreement shall be construed as creating an employment, agency, or partnership relationship between the Agent and EVC Solutions.

7          Responsibilities of the Consumer

7.1       Compliance with Applicable Laws and Ethical Standards

• The Consumer shall ensure that all Assignments, Assignment Definitions, Process Definitions, and related data collection activities comply with all applicable local, national, and international laws and regulations, including but not limited to data protection, privacy, intellectual property, consumer protection, labor, and criminal laws.
• The Consumer further represents and warrants that:
  • The purpose of each assignment is lawful and legitimate;
  • The data requested to be collected is necessary and proportionate to the stated purpose;
  • No assignment is designed to violate the rights of any individual or entity.
• The Consumer acknowledges that it bears full legal responsibility for the design, objective, and legality of each assignment.

7.2       Information and Consent Obligations Toward Data Sources

• The Consumer shall ensure that Data Sources are properly informed of:
  • The identity of the Consumer as the beneficiary of the data collection,
  • The purpose and scope of the data collection activity,
  • The categories of data to be collected, and
  • Any rights available to the Data Source under applicable data protection legislation.
• Where required by law, the Consumer shall ensure that valid, informed, and freely given consent is obtained prior to data collection.
• The Consumer acknowledges that failure to comply with such obligations may result in regulatory sanctions, civil claims, or administrative penalties for which the Consumer shall be solely responsible.

7.3       Provision of Clear, Accurate, and Lawful Instructions

• The Consumer shall provide Agents with clear, complete, accurate, and lawful instructions through properly defined Assignment Definitions and related documentation.
• The Consumer shall not instruct, encourage, or implicitly require Agents to:
  • Collect data unlawfully or without required consent,
  • Engage in deceptive, coercive, or unethical conduct,
  • Enter restricted premises without authorization,
  • Violate third-party rights or applicable regulations.
• If instructions are ambiguous, incomplete, or contradictory, the Consumer remains responsible for any resulting legal or operational consequences.

7.4       Indemnification of the Service Provider

• The Consumer shall indemnify, defend, and hold harmless EVC Solutions, its directors, officers, employees, and affiliates from and against any and all claims, demands, actions, damages, fines, penalties, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
  • The design, approval, or implementation of any Assignment or Assignment Definition;
  • Failure to obtain proper consent from Data Sources;
  • Violations of applicable laws or regulations by the Consumer or its Agents;
  • Content collected, generated, or disseminated through assignments;
  • Instructions provided by the Consumer that result in legal or regulatory exposure.
• This indemnification obligation shall survive termination or expiration of these Terms of Service.

7.5       Role as Data Controller (Where Applicable)

• To the extent that applicable data protection laws designate roles such as “data controller” or equivalent, the Consumer acknowledges that it acts as the primary decision-maker regarding the purpose and means of data collection within Assignments and therefore assumes the corresponding legal responsibilities under such legislation.

8          Data Ownership and Access

8.1       Consumer retains full ownership of assignment data.

• All data, information, content, responses, media, and any other materials generated, submitted, or collected within the scope of an assignment (“Assignment Data”) shall be the sole and exclusive property of the Consumer from the moment of creation. This includes, but is not limited to, survey responses, observations, images, audio recordings, geolocation data, timestamps, and metadata associated with the assignment.

8.2       Agents do not retain ownership of collected data.

• Agents acknowledge and agree that they do not acquire any ownership, intellectual property rights, or usage rights over the Assignment Data they collect, generate, or transmit. Agents act solely as data collectors on behalf of the Consumer and shall not copy, store, reuse, disclose, or otherwise exploit such data outside the scope of the assignment, except as strictly necessary for the performance and completion of their duties within the system.

8.3       EVC Solutions will not use assignment data beyond serving the Customer’s needs.

• As a Data Processor, EVC Solutions shall process data only on Consumer’s behalf in a secure manner as framed by these Terms of Service.
• EVC Solutions acts solely as a technical intermediary for the transmission, processing, and delivery of Assignment Data to the Consumer. EVC Solutions does not claim any ownership rights over the Assignment Data.
• EVC Solutions shall not access, use, analyze, reproduce, modify, distribute, or otherwise process Assignment Data for any purpose other than:
  • enabling the execution of assignments,
  • ensuring system functionality, integrity, and security,
  • and delivering the Assignment Data to the Consumer.
• EVC Solutions shall not use Assignment Data for its own commercial purposes, including but not limited to analytics, benchmarking, training, or resale, unless explicitly authorized in writing by the Consumer.

9          Limitation of Liability

9.1       Liability Cap

• To the maximum extent permitted by applicable law, the total aggregate liability of EVC Solutions for all claims arising out of or in connection with this Agreement—whether in contract, tort, or otherwise—shall be strictly limited to the total fees actually paid by the Consumer to EVC Solutions during the twelve (12) months immediately preceding the event giving rise to the claim.

9.2       Exclusion of Damages

• EVC Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation:
  • Loss of anticipated profits or business revenue;
  • Loss of data, corruption of records, or business interruption;
  • Reputational harm or cost of substitute services.
• These exclusions apply regardless of whether EVC Solutions was advised of the possibility of such damages.

9.3       Third-Party and External Dependencies

• The EVC Telescope Services operate as a specialized layer upon distributed infrastructure. EVC Solutions shall have no liability for failures or data inaccuracies resulting from:
  • Infrastructure: Outages in third-party cloud hosting, backbone internet, or GPS/geolocation satellite arrays.
  • Hardware: Variability in mobile device sensors, OS-level process management (e.g., battery optimization), or hardware-level failures of Agent devices.
  • External Factors: Any Force Majeure event as defined in this Agreement.

9.4       “As-Is” Warranty and Sole Remedy

• The Services are provided on an “as-is” and “as-available” basis. EVC Solutions does not warrant that the Services will be uninterrupted or error-free.
  • Sole Remedy: If the Consumer is dissatisfied with the performance, reliability, or availability of the Services, the Consumer’s sole and exclusive remedy is to terminate the Agreement in accordance with the termination provisions of the applicable Service Agreement.

10      Confidentiality

10.1   Confidential Information:

• All non-public information shared between the Parties, including process definitions, assignment data, operational procedures, and business information, is deemed confidential.

10.2   Obligations:

• Each Party shall:
  • Use Confidential Information only for purposes of performing obligations under these Terms of Service
  • Restrict access to personnel who need the information to fulfill contractual duties
  • Protect Confidential Information using reasonable measures

10.3   Exclusions:

• Information that is publicly known, independently developed, or lawfully obtained from a third party is not considered confidential.

10.4   Duration:

• Confidentiality obligations survive the termination or expiration of these Terms of Service for a period of five (5) years, unless otherwise required by applicable law.

11      Intellectual Property and Anti-Reverse Engineering

11.1   Ownership:

• EVC Solutions retains all rights, title, and interest in the EVC Telescope Services, including the mobile application, web console, server software, and all associated documentation, source code, APIs, designs, and processes.
• All software, scripts, stylesheets, markup (JS, CSS, HTML, JSON, and similar assets), designs, and documentation delivered through the EVC Telescope Console or EVC Telescope Mobile Application are the exclusive intellectual property of EVC Solutions.
• Consumer access is limited to usage rights granted under this Agreement and does not transfer ownership of any software, designs, or underlying processes.

11.2   Restrictions and Prohibition:

• Consumer and Agents may not copy, reproduce, modify, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying logic of the EVC Telescope Services.
• Consumer shall not attempt to decompile, disassemble, reverse engineer, replicate, or create derivative works from the EVC Telescope Console, Mobile Application, or any related components.
• Any attempts to circumvent licensing, extract intellectual property, or create unauthorized copies are strictly prohibited.

11.3   Rights to Enforce:

• EVC Solutions has the right to suspend or terminate access immediately upon detection of any breach defined in this article.
• EVC Solutions may claim compensation for losses resulting from unauthorized use, reverse engineering, or attempts to reproduce the software.
• The remedies under this article are cumulative and without prejudice to any other legal rights or remedies available to EVC Solutions.
• Any violation of this article constitutes a material breach of these Terms of Service and entitles EVC Solutions to claim compensation, including but not limited to:
  • Damages for actual loss or intellectual property value
  • Legal costs, including attorneys’ fees, incurred to enforce rights
  • Injunctive relief to prevent further unauthorized use

11.4   Consumer Acknowledgment:

• By using the EVC Telescope Services, the Consumer acknowledges that the software is protected intellectual property and agrees to comply with these protections.

12      Service Level Commitment and External Dependencies

12.1   Service Availability:

• EVC Solutions will use commercially reasonable efforts to maintain the EVC Telescope Services operational and to process assignments as intended.

12.2   External Service Dependencies:

• The EVC Telescope Services integrate and rely upon various third-party infrastructure and service providers to maintain core functionality.
• These dependencies include, but are not limited to, cloud-based hosting and computing platforms, geolocation and mapping data services, and specialized communication APIs essential for assignment execution.
• The Consumer acknowledges that any interruptions, performance degradations, or failures originating from these external providers are entirely outside the control of EVC Solutions and shall not be construed as a breach of this Agreement or result in any liability for the Service Provider.

12.3   Platform-Specific Operational Limits (Operating Systems):

• The Service Provider is not liable for service degradations, process terminations, or data collection delays caused by Operating System-level resource management, including but not limited to battery optimization, background execution limits, or manufacturer-specific software overlays.

12.4   Transport Layer Failures:

• The Consumer acknowledges that the delivery of assignment triggers and real-time instructions relies on External Communication Protocols and Transport Layers (e.g., Push Notification Services). The Service Provider does not guarantee the latency or delivery success of these third-party infrastructures.

12.5   Assignment Processing:

• EVC Solutions will make reasonable efforts to ensure assignments are delivered to the Consumer in a timely manner.
• Delays caused by:
  • Agent unavailability
  • Network issues
  • Consumer’s incomplete instructions
  • External service interruptions

are not considered SLC violations.

12.6   Support Response:

• Technical support requests will be acknowledged and addressed as promptly as reasonably possible, except where impacted by external dependencies or Force Majeure (article ‎18).

12.7   Monitoring and Reporting:

• EVC Solutions will maintain internal logs of assignment submissions and system activity.
• Consumer may request periodic reports for validation and accountability purposes, subject to reasonable operational limits.

12.8   Consumer Collaboration:

• Consumer must provide timely feedback, assignment approvals, and clear instructions to support SLA compliance.
• Lack of collaboration or delayed approvals will not be counted against EVC Solutions in SLA reporting.

12.9   Limitation of SLC Remedies:

• SLC represents best-effort service targets and does not create a guarantee of uninterrupted or error-free operation.
• Consumer acknowledges that temporary interruptions or delays may occur due to:
  • External service dependencies
  • Updates to the process execution engine
• No SLC-related penalties or compensation shall apply for these conditions.

12.10      Modes of Operation Related

• Trusted Mode:
  • The Consumer authorizes EVC Solutions to develop, test, and enact assignments at its discretion.
  • SLC commitments (e.g., uptime, delivery timelines) apply primarily to the successful delivery of assignment data to the Consumer.
  • Minor delays caused by testing, deployment of new process definitions, or unforeseen Agent/device issues are excluded from SLA violations.
• Explicit Consent Mode:
  • Each assignment requires explicit Consumer approval before activation.
  • SLC timelines start only after the Consumer provides consent for execution.
  • Delays caused by pending consent from the Consumer or incomplete instructions are not counted as SLC failures.

12.11      General Provisions

Nothing in this article limits any rights of EVC Solutions under pertinent articles of this agreement regarding:

• Non-payment, suspension, or early termination
  • Penalty for misconduct
  • Compensation for early termination or SLC-related claims

13      Scheduled Maintenance and Temporary Service Unavailability

13.1   Scheduled Maintenance:

• EVC Solutions may periodically perform maintenance, upgrades, or system improvements that temporarily render the EVC Telescope Services or Application inaccessible.
• Scheduled maintenance will be communicated to the Consumer at least 48 hours in advance, whenever reasonably possible.

13.2   Temporary Service Interruptions:

• Temporary unavailability due to system updates, infrastructure maintenance, or other legitimate operational needs is not considered a breach of this Agreement or grounds for SLA compensations.

13.3   External Party Claims:

• No external party, including Consumer or Agent, may claim access rights, compensation, or damages solely due to temporary service unavailability caused by scheduled maintenance or necessary system interventions.

13.4   Emergency Maintenance:

• In case of emergency maintenance required to prevent service degradation or security incidents, EVC Solutions may perform unannounced maintenance.
• Consumer will be notified as soon as practicable.

14      Version Integrity and Application Updates

14.1   Process Execution Engine Updates:

• EVC Solutions may release updates, improvements, or new features to the process execution engine on the server and mobile device components of the EVC Telescope platform.
• Assignment Definitions may leverage these new features once consented by the Consumer, either explicitly or under Trusted Mode.

14.2   Agent App Updates:

• Agents are responsible for maintaining up-to-date versions of the EVC Telescope Mobile Application.
• Failure by an Agent to update the mobile application may result in failed assignment execution, errors, or incompatibility with new Assignment Definitions.

14.3   Liability Limitation:

• EVC Solutions is not liable for any failures, delays, or errors in assignment execution resulting from:
  • Agent’s failure to update the mobile application
  • Use of new process execution features by updated assignments
  • Version mismatches between server and mobile components

14.4   Consumer Acknowledgment:

• By using the platform, the Consumer acknowledges that assignment execution may depend on Agents having the latest version of the mobile application and agrees that EVC Solutions cannot guarantee flawless execution under outdated client versions.

15      Suspension, Termination, and Compensation for Misconduct

15.1   Suspension for Offensive or Illegal Content:

• EVC Solutions may immediately suspend access to the EVC Telescope Services if it determines, at its reasonable discretion, that the Consumer or any Agent has generated or caused the generation of offensive, illegal, or unethical data/content in the course of assignments.
• Suspension may include restriction of assignment creation, data collection, or account access until resolution.

15.2   Investigation and Notification:

• Upon suspension, EVC Solutions shall notify the Consumer of the nature of the issue using the communication channels defined in the applicable Service Agreement.
• The Consumer shall cooperate in any investigation conducted by EVC Solutions regarding the offensive or illegal content.

15.3   Right to Terminate:

• If the issue is not remedied promptly, or if repeated violations occur, EVC Solutions may terminate the Agreement, in whole or in part, without prejudice to any other rights or claims under this Agreement.

15.4   Liability and Indemnification:

• The Consumer and Agents are fully responsible for all data or content generated through assignments.
• The Consumer shall indemnify and hold harmless EVC Solutions from all claims, damages, fines, or costs arising from:
  • Illegal content collection or dissemination
  • Offensive or unethical conduct
  • Violations of applicable laws, regulations, or third-party rights

15.5   Effect of Suspension or Termination:

• Suspension does not waive the Consumer’s obligation to pay for services rendered up to the suspension date.
• Termination for misconduct does not release the Consumer from liability for previously executed assignments, or compensation claims.

15.6   Scope:

• These rights apply to misconduct by the Consumer, any designated and assigned Agent by the Consumer, or any Data Source under the direction of the Consumer or Agent.

16      Agent Misuse, Suspension, and Termination

16.1   Prohibited Actions by Agents:

• Agents must not allow third parties to access the Application using their accounts or devices.
• Agents must not perform deceptive actions, including but not limited to:
  • GPS spoofing or falsifying location data
  • Time spoofing or falsifying time data
  • Automated scripts, bots, or any form of automation not explicitly authorized
  • Unauthorized data extraction, copying, or sharing beyond the assignment framework

16.2   Detection and Enforcement:

• EVC Solutions reserves the right to monitor, detect, and investigate any suspected misuse or abuse by Agents.
• Upon detection of misuse, EVC Solutions may, at its sole discretion:
  • Suspend the Agent account temporarily
  • Terminate the Agent account immediately
  • Prevent further access to the Application and associated services

16.3   Consumer Protection and Liability:

• The Consumer and the Agent are in joint liability for misuse by Agent.
• EVC Solutions is fully indemnified against claims arising from Agent misconduct.

17      Suspension of Services and Late Payment

17.1   Suspension for Non-Payment:

• If any invoice issued by EVC Solutions remains unpaid for more than 30 calendar days from the invoice due date, EVC Solutions may suspend the Consumer’s access to the EVC Telescope Services, including all assignments and data collection functionality.
• Suspension will remain in effect until all overdue amounts are fully paid or until contract termination.

17.2   Notification of Suspension:

• Prior to suspension, EVC Solutions shall issue a written notice to the Consumer via the communication channels defined in the applicable Service Agreement, specifying the overdue amount and the intended suspension date.

17.3   Remedies for Non-Payment:

• In addition to suspension, EVC Solutions shall have the right to claim the fees and/or termination compensation as determined pursuant to the Compensation provisions of the applicable Service Agreement.
• The foregoing rights do not limit EVC Solutions from exercising any other legal rights or remedies under this Agreement or applicable law.

17.4   Resumption of Services:

• Services shall be restored promptly upon full payment of all outstanding invoices, including any applicable late payment compensations.
• Any delay in payment beyond the suspension period may require additional administrative or setup fees for resuming the services.

17.5   Partial Payments:

• Any partial payment will be applied first to the oldest unpaid invoices.
• Partial payments do not prevent the Service Provider from suspending services for other overdue amounts.

18      Force Majeure

18.1   Definition:

• “Force Majeure” refers to any event or development beyond the reasonable control of a Party that prevents or substantially impairs the performance of its obligations under this Agreement. Such events include, but are not limited to:
  • Natural disasters (earthquakes, floods, storms, fires)
  • Epidemics, pandemics, or public health emergencies
  • Acts of government, war, terrorism, civil unrest, or strikes
  • Failure or unavailability of third-party services critical to EVC Telescope operations (e.g., cloud providers, telecommunication services)
  • Sudden decease, medically certified incapacitation, or unavailability of key personnel critical to the execution, maintenance, or support of the EVC Telescope Services

18.2   Suspension of Obligations:

• During the Force Majeure event, the affected Party’s obligations under this Agreement are suspended to the extent directly affected by the event.
• Neither Party shall be considered in breach for non-performance caused by Force Majeure.

18.3   Mitigation:

• The affected Party shall use commercially reasonable efforts to mitigate the impact of the Force Majeure event and resume performance as soon as reasonably possible.

18.4   Compensation Exclusion:

• No Party is entitled to claim compensation, damages, or penalties for losses incurred solely due to a Force Majeure event.

18.5   Critical Personnel Clause:

• The unexpected decease or incapacitation of personnel designated as critical by EVC Solutions (e.g., developers, architects, or project managers integral to the micro-projects) shall be considered a Force Majeure event.
• The impact of such unavailability will be assessed, and obligations will be temporarily suspended or renegotiated in good faith.