Welcome! Please carefully read the terms of service for the free version of eva, NTT DATA’s enterprise platform, for evaluation use only. Any commercial use, including competitive analysis, is strictly prohibited. The license is time limited and non-transferable. Use of the Software requires acceptance of these terms and conditions.  

EVA FREE TRIAL TERMS AND CONDITIONS
Copyright © 2022 -NTT DATA- All rights reserved.

These Terms & Conditions are made by NTT DATA, (“eva”) and the user (“You”) who completes the application process on the eva.bot website to gain access to and use the eva platform (“Software”) provided that the term “Software” shall also include any documentation and manuals available together with or included in the Software. 

By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, your use of the Software is not permitted. If you are accessing and/or using the Software on behalf of any company, organization, or any association of individuals, such as a partnership or unincorporated business entity, which may include your employer (“Organization”) or any other legal entity, you represent and warrant that you have the authority to bind such Organization or other legal entity to these Terms. In such cases, “you” and ““your” shall refer to that company or other legal entity. 

BY COMPLETING THE FORM TO GET INSTANT ACCESS AND CLICKING THE “Start My Free Trial” BUTTON, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THESE T&Cs. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THESE T&C, YOU MUST NOT CLICK THE “Start My Free Trial” BUTTON AND YOU MUST NOT USE ANY PART OF THE PLATFORM.  

 

1. Limited License Grant

1.1 NTT DATA is the owner of the rights to use and exploit the Software. 

1.2 All intellectual and industrial property rights in the Software and the entire copyright, together with all rights in the Software, documents, and information available together with or as part of the Software, shall remain vested in NTT DATA and its licensors. This legal status enjoyed by eva and its licensors shall remain unchanged by the limited license granted to you herein. 

1.3 NTT DATA grants to you free of charge the non-exclusive, non-transferable, temporary right to make online use of the Software for evaluation purposes in accordance with the provisions set forth herein. The license trial period begins as soon as you have registered for the free trial on the eva website, and your user account established during registration has been activated. NTT DATA makes the Software available to you via Internet access and software as a service only. 

1.4 You may use the Software to create virtual assistants or artificial intelligence conversations. The right to use the Software granted to you by NTT DATA serves to demonstrate its functionality and properties. The virtual assistant created by using the Software may only be used for private purposes. Therefore, the Software is provided to You solely for Your own private evaluation and non-commercial use. Any commercial and non-private use of the Software is strictly prohibited. You are not permitted to make the Software available in whole or in part, in any form or for any purpose. The license under these T&Cs is granted on the condition that you use the Software yourself through your registered user account and not by any third party. USE OF THE SOFTWARE BY ANY THIRD PARTY IS NOT PERMITTED. 

1.5 The knowledge acquired because of the use of the Software must not be used to develop your own software in the same field of application (i.e., virtual assistants or conversations with artificial intelligence), nor be made available to third parties for this purpose. In particular, the Software must not be imitated. You are not permitted to manipulate the Software to exploit it beyond the permitted scope of use. Without NTT DATA’s prior written permission, you must not use the Software for benchmarking or issue comparative results comparing the Software with other conversational artificial intelligence software products. 

1.6 ANY MISUSE OF THE SOFTWARE OR INFRINGEMENT OF NTT DATA’S INTELLECTUAL PROPERTY RIGHTS MAY BE SUBJECT TO PROSECUTION AND CLAIMS FOR COMPENSATION UNDER STATUTORY LAW. 

2. No license fee

As this is a free trial edition, the right to use the Software as provided in Section 1 is granted to you on a free loan basis and without charge. 

3. Limited Warranty

3.1 With respect to the Software, NTT DATA shall be liable to indemnify you for any damages arising from any infringement of intellectual property rights and any defects, if NTT DATA has fraudulently concealed the respective infringement or defect of the borrowed Software. 

3.2 All other warranties are expressly excluded. 

4. Limitation of Liability

4.1 NTT DATA shall only be liable for intent and gross negligence. 

4.2 UNDER NO CIRCUMSTANCES SHALL NTT DATA BE LIABLE TO YOU FOR ANY DAMAGES BEYOND THE LIABILITY OF NTT DATA SET FORTH IN SECTION 1. 

5. Registration and your information

If you wish to use the software, whether for individual consumer use, team use or business use, you will be asked to create an account (“Account”). Through the Website.  You agree to keep your Account credentials accurate and up to date and that you will not disclose your Account login credentials to anyone and will notify us immediately of any unauthorized use of your Account. You will be responsible for all activities that occur under your Account, whether you know about such use. 

6. Term and Termination

6.1 These T&Cs commence when You duly accept them. 

6.2 The limited license granted in Section 1 and Your registered user account for evaluation of the Software may be terminated by either party at any time. NTT DATA’s right to terminate the license in accordance with the statutory provisions of a free loan agreement shall not be affected. Upon termination of the license, you may no longer access or use the Software in accordance with these T&Cs. NTT DATA may deactivate and delete Your user account after termination. 

6.3 The foregoing shall not affect either party’s right to extraordinary termination for cause. 

7. Confidentiality

You agree that the Software is confidential information of NTT DATA. You shall protect NTT DATA’s confidential information, including, without limitation, the Software from unauthorized dissemination and shall use it with the same degree of care that You use to protect Your own similar information, but in no event less than a reasonable degree of care. However, you must not use NTT DATA’s confidential information for purposes other than as necessary to directly further the purposes of these T&Cs. In no event may you disclose NTT DATA’s confidential information to any third party without NTT DATA’s prior written consent. The foregoing confidentiality obligations survive the termination or expiration of these T&Cs for an unlimited period. 

8. Processing and use of your data

8.1 You grant NTT DATA a limited, non-exclusive right to process and use the data that you process with the Software to the extent necessary to fulfill NTT DATA’s obligations under these T&Cs. NTT DATA agrees that, as between you and NTT DATA, your data shall always be deemed to be its property. You assume all responsibility for ensuring that You are entitled to grant NTT DATA the foregoing right with respect to all Your Data concerned. Insofar as Your Data is personal data, You shall be the controller in accordance with Art. 4 no. 7 RGPD. 

8.2 Notwithstanding the foregoing, NTT DATA is entitled to collect and analyze data created in connection with Your use of the Software and data derived from this use. You grant NTT DATA free of charge the non-exclusive, perpetual, worldwide right (i) to use this information and data to improve the Software and for other development, diagnostic and corrective purposes in connection with the Software and other NTT DATA offerings and (ii) to transmit this data solely in summary or other, de-identified and anonymous form in connection with your business. 

8.3 The limited license granted in Section 1 does not include any obligation by NTT DATA to store or back up any data processed with the Software or the work results you achieve by using the Software. Therefore, it is your sole responsibility to store and back up any of your data and work results used or created in connection with your trial use of the Software. 

8.4 You must not upload information, programs or other material or data protected by data protection law, copyright or other industrial, personal or other proprietary rights to the Software or allow third parties to upload such material or data without having the necessary rights to do so. Likewise, you are prohibited from importing prohibited information, programs, materials, or data (e.g., terrorist, child pornographic or racist content) into the Software or allowing third parties to do so. 

9. Miscellaneous

9.1 Should any provision of these T&Cs be or become illegal, invalid or unenforceable under present or future laws, the remaining provisions shall not be affected thereby. The illegal, invalid, or unenforceable provision shall be replaced by a valid provision that more closely reflects the economic intent of the illegal, invalid or unenforceable provision. The foregoing shall apply respectively in cases of omissions or loopholes. 

9.2 Changes to the Terms or Services: At our sole discretion, we reserve the right to modify the Terms at any time. In the event of such modification, the updated and/or modified Terms will be uploaded to the Site and Application. For registered users, we will provide an email notification to the registered email ID. Please review the modified Terms. Your continued use of the Services after notification of the modified Terms indicates that you agree to be bound by the modified Terms. If you do not wish to be bound by the modified Terms, you may no longer use the Services. Because our Services evolve over time, keeping in connection with the changing business and work environment, we reserve the right to change or discontinue all or part of the Services, at any time and without notice, in our sole discretion.