Last updated: Wednesday, June 5, 2025
This End User License Agreement (“Agreement”) is a legally binding agreement between:
This Agreement exclusively governs the use of the App by the Licensee, who may create private events and make the App accessible to other users (each referred to as “User”) under their own responsibility.
Each User who accesses the App during an event is not party to this Agreement, but may view and accept the Terms of Use and the Privacy Policy provided by Evoka upon access.
Use of the App by the Licensee implies full acceptance of the terms of this Agreement. If the Licensee does not accept, use of the App is not authorized.
1. USE OF THE APP
1.1 Purpose: Evoka is a private social platform where Users can upload multimedia content with captions. Content is displayed in a live feed of the event, accessible to other participants.
1.2 User Authentication: Users must enter a unique event PIN to access the App and must provide a username for identification. User authentication is mandatory to ensure controlled access.
1.3 User-Generated Content: Users are fully responsible for uploaded content. Any content shared in the App is visible to all event participants.
1.4 Prohibited Conduct: Users must not upload offensive, illegal, defamatory, or explicit content. The App employs an explicit content detection mechanism to prevent the upload of such material, but Users remain fully responsible for the content they upload.
1.5 Event Closure: Events on Evoka are temporary. Multimedia content is retained for a maximum of thirty (30) days after the license expires, during which time the User may download an archive of the multimedia content only. After this period, such content is permanently deleted.
1.6 Sharing Restrictions: Users may not share images outside of the App, except by sharing a direct link to the image, which remains within the controlled event environment. Any attempt to bypass this restriction, including but not limited to screenshots or external sharing, is strictly prohibited. Evoka assumes no responsibility for such unauthorized actions.
2. USER RESPONSIBILITIES
2.1 Content Ownership: The User retains full ownership of uploaded content. However, they grant Evoka a temporary license to display and store their content within the App for the duration of the license.
2.2 Responsibility for Misuse: The Licensee is fully responsible for any misuse of the App, including but not limited to unauthorized screenshots, external image sharing, or uploading inappropriate content.
2.3 Legal Compliance: The Licensee is required to comply with applicable personal data protection laws. Uploading multimedia content portraying identifiable individuals without their consent may constitute a violation of Regulation (EU) 2016/679.
2.4 Licensee Liability: Any legal consequences arising from misuse of the App are the sole responsibility of the Licensee, as the Data Controller.
3. LIMITATION OF LIABILITY AND DISCLAIMER
3.1 No Warranty: The App is provided “as is” with no warranty, express or implied. We do not guarantee uninterrupted service or error-free operation.
3.2 Limitation of Liability: To the maximum extent permitted by law, we disclaim all liability for:
3.3 Indemnification: The Licensee agrees to indemnify and hold Evoka harmless from any claim, damage, liability, cost, or legal consequence arising from the use of the App by themselves or Users under their responsibility.
3.4 Right to Terminate Access: Evoka reserves the right to suspend, restrict, or revoke access to the App, whether for a User or the Licensee, at any time and without notice if a violation of this Agreement is found or if activities are undertaken that may compromise the security, integrity of the service, or compliance with applicable regulations.
This section aligns with Directive 2000/31/EC (E-Commerce Directive) and Regulation (EU) 2022/2065 (Digital Services Act).
4. CHANGES TO THIS AGREEMENT
4.1 Evoka reserves the right to amend this Agreement at any time to ensure compliance with evolving laws and operational needs. The Licensee will be informed of any significant changes.
4.2 Continued use of the App after changes constitutes acceptance of the updated terms.
5. CONTACT INFORMATION
For any legal inquiries or clarification related to this Agreement, you may contact Evoka at the following e-mail address: support@evoka.app
By using the App, the Licensee declares to have read, understood, and fully accepted the terms of this Agreement. In case of disagreement, use of the App is not permitted and must cease immediately.
6. PRIVACY POLICY
In compliance with Regulation (EU) 2016/679 (“GDPR”), Evoka provides this Privacy Policy to clearly and transparently describe how personal data is processed within the Application.
6.1 Key Definitions:
6.2 Processing Methods and Purposes
The personal data of the Licensee (Organizer) is collected directly at the time of license purchase. Such data is processed by Evoka as the Data Controller for the following purposes:
Data and multimedia content uploaded by Users, on the other hand, is processed by Evoka as an external Data Processor, as it does not determine the purposes for which such content is used.
6.3 Legal Basis for Processing
Data processing is lawful as it is:
6.4 Categories of Data Processed
The Application collects the following categories of data:
Important Notice: Users must upload only content for which informed consent has been obtained from any recognizable individuals, pursuant to Articles 6 and 9 of the GDPR. It is prohibited to upload content that may harm the dignity or reputation of others. In the presence of minors, it is recommended to obtain consent from parents or those with parental responsibility.
6.5 Data Retention
Content uploaded through the Application is retained only for as long as necessary to fulfill the purposes for which it was collected, and in any case no longer than thirty (30) days after the license expires.
Evoka retains data in accordance with any instructions given by the Data Controller. For further information on retention periods, please contact Evoka at the addresses provided.
6.6 Data Transfers
Multimedia content provided by Users through the Application may be transferred to and stored on servers located in the United States. Such transfer is carried out in accordance with Articles 44 et seq. of Regulation (EU) 2016/679 (GDPR), based on the adequacy decision adopted by the European Commission on July 10, 2023, relating to the Data Privacy Framework (DPF). The hosting service provider has certified its adherence to the DPF, committing to comply with the personal data protection principles established by the program.
6.7 Data Recipients
6.8 Data Subject Rights
Data subjects have the right to obtain from Evoka, where applicable, access to their personal data and the rectification or erasure of such data, restriction of processing concerning them, or to object to processing (Articles 15 et seq. of Regulation (EU) 2016/679).
Requests may be sent to:
6.9 Right to Lodge a Complaint
Data subjects who believe that the processing of their personal data via the Application is in violation of the Regulation have the right to lodge a complaint with the Data Protection Authority, as provided for in Article 77 of the Regulation, or to seek judicial remedy (Article 79 of the Regulation).