Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are entered into by and between you and Vistry, Inc. ("Vistry," "Company," "we," "our," or "us"). By accessing or using the Eva platform, including Eva Insights, Eva People, and Eva HR Lab (collectively, the "Service"), you agree to be bound by these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree to these Terms, do not use the Service.

These Terms incorporate our Privacy Policy. These Terms govern use of the Service generally, and the Privacy Policy governs data handling.

Where applicable, we will enter into a Data Processing Addendum ("DPA") with customers governing the processing of personal data.

2. Description of Service

Eva is an AI-powered HR intelligence platform providing:

• Employee support and question answering
• HR analytics and insights
• Knowledge base and document management
• HR Lab tools for testing, prototyping, and evaluating HR workflows
• Workforce integrations

We may modify, enhance, or discontinue features at any time, including adding or removing functionality, with or without notice.

3. AI-Specific Terms

3.1 AI Processing and Data Use

The Service uses AI, including third-party providers, to process Customer Content.

• We do not use Customer Content to train our proprietary models
• We may use aggregated and de-identified data to operate and improve the Service
• Third-party providers act as subprocessors and are contractually restricted from using Customer Content for training

3.2 AI Limitations

AI outputs:

• May be inaccurate, incomplete, or biased
• Are informational only
• Do not constitute legal, HR, or professional advice

You must independently verify outputs before relying on them. You should verify critical information and not rely solely on AI outputs for consequential employment decisions. The Service does not provide legal, medical, or professional advice.

3.3 Human Oversight and Responsibility

You acknowledge:

• The Service is decision-support only
• You are solely responsible for employment and HR decisions
• You should apply human review for all consequential decisions

3.4 No Automated Decision-Making

The Service is not designed to make fully automated decisions that produce legal or similarly significant effects.

3.5 AI Model Updates

We may update the AI models powering our Service to improve performance. Such updates will not use your data for training and will maintain our privacy commitments. Outputs may vary due to the probabilistic nature of AI systems.

4. Accounts and Organizational Use

4.1 Account Security

You are responsible for:

• You must provide accurate and complete registration information
• You are responsible for maintaining account security
• You must be at least 18 years old to create an account
• One person may not maintain multiple accounts
• You are responsible for all activity under your account
• Promptly notifying us of unauthorized access

4.2 Organizational Control

For organizational accounts:

• The organization is the account owner
• Administrators control user access and data

5. Acceptable Use

You agree not to:

• Use the Service for illegal purposes
• Upload malicious content or code
• Attempt to circumvent security measures
• Interfere with other users' access
• Use automated systems to access the Service without permission
• Reverse engineer or attempt to extract source code
• Use the Service to develop competing products, train AI models, or unauthorized benchmarking

You acknowledge that customers are responsible for their employees' and contractors' conduct on the Service.

6. Your Content

You retain ownership of all content you upload to the Service. By uploading content, you grant us a limited license to process and store it solely to provide the Service. This license terminates when you delete your content or close your account.

7. Payment Terms

• Pricing is based on the number of active users
• Annual subscriptions receive a 10% discount
• All fees are non-refundable except as required by law
• We may change pricing plans, prices, usage limits, token limits, quotas, credits, included features, and other plan entitlements at any time
• Taxes are calculated based on your billing address

8. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform scheduled maintenance with reasonable notice. We are not liable for service interruptions beyond our reasonable control.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISTRY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING DAMAGES ARISING FROM AI-GENERATED CONTENT OR RECOMMENDATIONS.

10. Indemnification

You indemnify Vistry against claims arising from:

• Your use of the Service
• Your content
• HR or employment decisions

11. Termination

Either party may terminate the agreement with 30 days' written notice. We may suspend or terminate your access immediately for violation of these Terms. Upon termination, your right to use the Service ceases and your data will be deleted within 90 days.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or prominent notice on our platform. Continued use after changes constitutes acceptance.

14. Contact

For questions about these Terms, contact us at: