Terms & Conditions
These Terms of Service (“Terms”) are a binding agreement between EvahTech Corporation, with its SaaS platform CertManager (“EvahTech,” “we,” “us”), with a principal place of business at 8601 Six Forks Rd., Ste. 400, Raleigh, NC 27615, and the individual or entity accessing or using the Service (“Customer,” “you,” or “your”).
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case “you” refers to that entity. If you do not have such authority, or if you do not agree with these Terms, you may not access or use the Service.
PRECEDENCE FOR ENTERPRISE CUSTOMERS. Where Customer has executed a separate master subscription agreement, order form, or similar signed agreement with EvahTech (an “Order Form”), that agreement governs Customer’s use of the Service, and these Terms apply only to the extent they do not conflict with the Order Form. These Terms govern all other access to and use of the Service, including self-serve subscriptions, trials, and use of the public website.
1. The Service
CertManager is a subscription-based, AI-assisted Software as a Service (SaaS) platform for centralizing, organizing, and monitoring product compliance data, including technical files, certificates, Declarations of Conformity, licenses, expiration tracking, and related documentation (the “Service”). Specific features available to Customer depend on the subscription plan purchased.
The Service is intended for business use by compliance, quality, regulatory, and related personnel. It is not directed to consumers and is not intended for use in situations requiring fail-safe performance, such as life-support systems or safety-critical control systems.
2. Eligibility and Accounts
• You must be at least 18 years old and able to form a binding contract to create an account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You agree to provide accurate registration information and to keep it current.
• You must notify us promptly at sales@certmanager.com of any unauthorized use of your account or other suspected security breach.
• EvahTech is not liable for any loss arising from your failure to safeguard your account credentials, except to the extent caused by our breach of these Terms.
3. Free Trial
EvahTech may offer a no-cost trial period (currently 90 days from the date Customer signs up, the “Trial Period”) to eligible customers who have not participated in a CertManager beta testing program within the preceding three years. During the Trial Period, Customer may use the Service at no charge, subject to these Terms and any trial-specific limitations we communicate.
• Customer may cancel at any time during the Trial Period by providing written notice to sales@certmanager.com, in which case no fees will be owed.
• If Customer does not cancel before the Trial Period ends, the applicable annual subscription fee becomes due, and the Trial Period counts toward the first annual term (i.e., the one-year term is measured from the original sign-up date, not from the end of the trial).
• We may modify or discontinue the trial offer, or a specific customer’s eligibility for it, at our discretion, effective for future sign-ups.
• The Service is provided “as is” during any Trial Period, without the warranties described in Section 11, to the maximum extent permitted by law.
4. Subscription Plans, Fees, and Payment
Fees for the Service are set out on our Plans page or in an applicable Order Form. Except as stated otherwise, subscription fees are billed annually in advance and are non-refundable, including upon downgrade or partial-period cancellation.
• Customer will provide accurate billing and contact information and promptly notify EvahTech of changes.
• Fees are exclusive of taxes; Customer is responsible for all applicable sales, use, VAT, or similar taxes other than taxes on EvahTech’S net income.
• Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and EvahTech may suspend the Service for accounts more than 30 days past due after written notice.
• EvahTech may change subscription fees for future renewal terms upon at least 30 days’ written notice.
• Overage, additional users, additional products, and add-on services (for example, implementation, API access, or on-premises deployment support) are billed as described in the applicable plan or Order Form.
5. Customer Data
“Customer Data” means the certificates, technical files, product information, and other data and documents that Customer or its users upload to, or generate within, the Service.
• As between the parties, Customer owns all right, title, and interest in Customer Data.
• Customer grants EvahTech a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide, maintain, support, and improve the Service, and as otherwise instructed by Customer.
• Customer is solely responsible for the accuracy, quality, and legality of Customer Data and of the means by which it was obtained, including obtaining any consents or rights necessary for Customer to upload it to the Service.
• EvahTech may use de-identified, aggregated data derived from use of the Service (which does not identify Customer or any individual) to improve, benchmark, and develop the Service, including its AI and machine-learning features.
• Upon termination, EvahTech will make Customer Data available for export for 30 days, after which it may be deleted in accordance with our data retention practices, except as required to be retained by law.
6. Acceptable Use
Customer will not, and will not permit any user to:
• Use the Service to store or transmit content that is unlawful, infringing, or that violates the rights of any third party;
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law;
• Use the Service to build, or assist a third party in building, a competing product or service;
• Sell, resell, sublicense, rent, or lease the Service to a third party without EvahTech’s prior written consent, except as expressly permitted under an approved reseller or white-label agreement;
• Interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to it or its related systems;
• Use automated means to access the Service except through a supported API, in accordance with any applicable rate limits; or
• Remove or obscure any proprietary notices in the Service.
7. Intellectual Property
EvahTech and its licensors retain all right, title, and interest in and to the Service, including all software, designs, workflows, AI models, and documentation, and all intellectual property rights therein. Except for the limited rights expressly granted to Customer to access and use the Service during the subscription term, no rights are granted to Customer by implication or otherwise. “CertManager” and related logos are trademarks of EvahTech Corporation and may not be used without prior written permission.
8. Third-Party Services
The Service may integrate with, or allow Customer to connect, third-party services and identity providers (for example, single sign-on providers or cloud storage providers). EvahTech is not responsible for the availability, content, or practices of third-party services, and Customer’s use of them is governed by the applicable third party’s terms.
9. Confidentiality
Each party may receive non-public business, technical, or financial information of the other party (“Confidential Information”). The receiving party will use the disclosing party’s Confidential Information only to perform its obligations or exercise its rights under these Terms, and will protect it using at least the same degree of care it uses to protect its own confidential information, and no less than a reasonable degree of care. These obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was rightfully known to the receiving party before disclosure, or is independently developed without use of the disclosing party’s Confidential Information. Customer Data is EvahTech’s Confidential Information, and CertManager’s non-public product roadmap, pricing, and platform architecture are EvahTech’s Confidential Information.
10. Security
EvahTech maintains administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and availability of Customer Data, consistent with our SOC 2 Type II controls, including encryption of data at rest and in transit, role-based access controls, and single sign-on support. Additional detail is available in our Privacy Policy and, for enterprise customers, in a data processing addendum or security overview available on request.
11. Warranties and Disclaimers
11.1 Limited Warranty.
EvahTech warrants that during an active subscription term, the Service will perform materially in accordance with its then-current documentation. Customer’s sole remedy for breach of this warranty is prompt correction of the non-conforming Service or, if EvahTech is unable to correct it, termination of the affected subscription and a pro-rated refund of prepaid, unused fees.
11.2 DISCLAIMER.
EXCEPT AS EXPRESSLY STATED IN SECTION 11.1, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVAHTECH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. CERTMANAGER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED OUTPUTS, SUMMARIES, OR CHANGE-IMPACT ASSESSMENTS WILL BE COMPLETE OR ACCURATE. CUSTOMER REMAINS SOLELY RESPONSIBLE FOR VERIFYING COMPLIANCE OUTCOMES AND FOR ITS OWN REGULATORY COMPLIANCE; THE SERVICE IS A DATA MANAGEMENT TOOL AND DOES NOT CONSTITUTE LEGAL, REGULATORY, OR CERTIFICATION ADVICE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO EVAHTECH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
The foregoing limitation does not apply to: (a) either party’s indemnification obligations; (b) Customer’s payment obligations; (c) a party’s breach of the confidentiality provisions in Section 9; or (d) either party’s gross negligence, willful misconduct, or liability that cannot be limited under applicable law.
13. Indemnification
13.1 By EvahTech.
EvahTech will defend Customer against any third-party claim alleging that the Service, as provided by EvahTech and used in accordance with these Terms, infringes that third party’s U.S. intellectual property rights, and will indemnify Customer for damages finally awarded, provided Customer promptly notifies EvahTech of the claim and cooperates in its defense. If the Service becomes, or EvahTech believes it is likely to become, the subject of such a claim, EvahTech may, at its option, procure the right for Customer to continue using it, modify it to be non-infringing, or terminate the applicable subscription and refund prepaid, unused fees.
13.2 By Customer.
Customer will defend and indemnify EvahTech against any third-party claim arising from Customer Data or Customer’s use of the Service in violation of Section 6 (Acceptable Use) or applicable law.
14. Term and Termination
• These Terms remain in effect while Customer has an active account or subscription.
• Either party may terminate for the other party’s uncured material breach upon 30 days’ written notice, if the breach is not cured within that period.
• EvahTech may suspend or terminate access immediately if Customer’s use poses a security risk, potential legal liability, or violates Section 6.
• Upon termination, Customer’s right to access the Service ends, and Sections 5, 7, 9, 11–13, and 15–21 survive.
15. Export Control and Compliance
Customer will comply with all applicable export control and economic sanctions laws in its use of the Service, and represents that it is not located in, or a resident of, any country subject to comprehensive U.S. sanctions, and is not listed on any applicable restricted-party list.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
17. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide notice by posting the updated Terms on our website with a new effective date, or by direct notice to account administrators for active subscribers. Continued use of the Service after the effective date of an update constitutes acceptance. If Customer has an active Order Form, changes to these Terms will not reduce EvahTech’s obligations or expand Customer’s obligations under that Order Form during its then-current term without Customer’s written agreement.
18. General Provisions
• Assignment: Neither party may assign these Terms without the other’s consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, including in connection with a corporate reorganization such as an internal spinout or transfer of the EvahTech business to an affiliated entity.
• Force Majeure: Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.
• Severability: If any provision is held unenforceable, the remaining provisions remain in full force and effect.
• No Waiver: Failure to enforce any provision is not a waiver of that provision.
• Entire Agreement: These Terms, together with any applicable Order Form and Privacy Policy, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements on the subject.
• Notices: Notices to EvahTech should be sent to sales@certmanager.com and 8601 Six Forks Rd., Ste. 400, Raleigh, NC 27615. Notices to Customer will be sent to the contact information on file.
19. Contact Us
Questions about these Terms may be directed to:
EvahTech Corporation
8601 Six Forks Rd., Ste. 400
Raleigh, NC 27615
Email: sales@certmanager.com