Terms of Service

These terms of service (hereinafter "Terms") govern the use of the evoluna.app website and related services (hereinafter "Platform").

The Platform is operated by XPERT MEDIA OÜ, registry code 12852895, address Tornimäe tn 5, 10145 Tallinn, Estonia (hereinafter "Evoluna", "we" or "platform").

By using the Platform, you agree to these Terms. If you do not agree with the Terms, please do not use the Platform.

The specialist agrees to:

•Provide truthful information about their qualifications, experience, and certifications

•Offer services according to their competence and applicable legislation

•Follow their field's code of ethics and best practices

•Protect clients' personal data and privacy

•Comply with all laws and regulations of the Republic of Estonia

•Provide accurate tax information and fulfill their tax obligations

The specialist confirms that:

•Their services are not medical or healthcare services (unless properly licensed)

•They do not provide medical diagnoses or treatment (except licensed healthcare professionals)

•They highlight when their services do not replace professional medical, psychological, or legal assistance

Payment processing:

All payments are processed through the secure payment service provider Stripe. Evoluna does not directly store or process bank card data. This includes one-time booking payments, subscription recurring payments, and custom package payments.

Platform service fee:

Evoluna takes a platform fee (commission) from each booking, which is deducted from the amount paid to the specialist. The current commission rate depends on the specialist's subscription tier and is visible in the specialist's profile.

Subscription recurring payments:

Specialist subscription tiers (Basic, Standard, Premium) are billed on a recurring monthly or annual basis via Stripe. Subscriptions auto-renew at the end of each billing period unless cancelled. Upon cancellation, the subscription remains active until the end of the current billing period. See §10 (Subscriptions and Tiers) for details.

Custom package payments:

Specialists can create custom packages with individual pricing, payable via Stripe. The package price includes the platform service fee based on the specialist's active subscription tier.

Refunds:

•Cancellation more than 72 hours before the session: 100% refund

•Cancellation 24-72 hours before the session: 50% refund

•Cancellation less than 24 hours before the session: no refund (rescheduling only)

•Refunds for custom packages are resolved on a case-by-case basis between the specialist and client

•Subscription refunds: pro-rata refund for unused period, except during free trial periods

•Disputes are resolved on a case-by-case basis

Currency:

All prices are in euros (EUR) unless otherwise indicated.

Evoluna intellectual property:

The Evoluna platform, trademark, logo, design, and software belong to XPERT MEDIA OÜ. Use without written permission is prohibited.

AI-based profile enrichment:

Evoluna uses artificial intelligence (AI) technology to analyze, systematize, and enrich publicly available data. This includes extracting skills and competencies, classifying archetypes, and structuring profiles. The AI-generated analysis, systematized skill lists, and data structure are Evoluna's intellectual property (Sui generis database right, EU Directive 96/9/EC). Automated copying of this data by third parties is prohibited.

Evoluna strives to ensure the accuracy of AI analysis but does not guarantee 100% interpretive accuracy. Specialists have the right to claim their profile and correct data at any time.

AI-based matching:

Evoluna uses artificial intelligence to match users with specialists based on assessment results and profile data. AI-generated match explanations, matching scores, and recommendation algorithms are Evoluna's intellectual property. See §12 (AI-Based Matching) for detailed terms.

User content:

Users and specialists remain owners of their uploaded content (images, texts, videos), but grant Evoluna a non-exclusive right to use this content for platform operation.

Reviews:

Reviews are public and remain on the platform even after the user's account is closed, but are anonymized.

Assessment System:

Evoluna offers users self-assessment tools that help them better understand their strengths, areas for development, and personal goals. Assessment results are personal and confidential.

Profile Visibility Control:

Users have the option to enable the display of their assessment results on their public profile. This feature is disabled by default and enabling it is a conscious choice by the user.

Publicly Displayed Information:

When a user enables assessment result display:

•Only the assessment name, profile type, and overall score are shown

•Detailed answers, dimension scores, and internal analyses are not disclosed

•The user can disable visibility at any time

User Responsibility:

The user is solely responsible for what information they display publicly on their profile. Evoluna is not responsible for any consequences that may arise from the user's decision to share their assessment results publicly.

Subscription system:

Evoluna offers specialists three subscription tiers: Basic, Standard, and Premium. Each tier offers a different platform service fee rate, additional features, and visibility benefits.

Billing:

•Subscriptions are billed on a recurring monthly or annual basis

•Payments are processed automatically via Stripe

•Annual subscriptions offer a more favorable monthly rate

Auto-renewal:

Subscriptions auto-renew at the end of each billing period unless the user has previously cancelled.

Cancellation:

•Users can cancel their subscription at any time through profile settings

•Cancellation takes effect at the end of the current billing period

•After cancellation, the account reverts to the Basic tier

•Upon cancellation, data and profile are preserved, but higher-tier features are deactivated

Free trial period:

Evoluna may offer free trial periods to new specialists. At the end of the trial period, automatic billing begins unless the user cancels. Users are explicitly notified before trial activation.

Price changes:

Evoluna may change subscription prices by notifying current subscribers at least 30 days in advance. The new price takes effect at the beginning of the next billing period.

Custom packages system:

Specialists can create personalized packages that combine multiple services into a single offering with individual pricing.

Package terms:

•The content, price, and terms of the package are determined by the specialist

•Evoluna facilitates payment and applies the platform service fee based on the specialist's subscription tier

•The package must be clearly described so the client understands what it includes

•The specialist is responsible for the content and quality of the package

Payment:

•Packages are paid via Stripe

•The specialist determines whether the package is payable as a one-time or installment payment

•Refunds for custom packages are resolved on a case-by-case basis in accordance with §7

Evoluna's role:

Evoluna is an intermediary and is not responsible for the content, quality, or results of custom packages. Disputes are resolved in accordance with §19.

Matching system:

Evoluna uses artificial intelligence (AI) to generate personalized recommendations based on user assessment results and specialist profiles. Matching is based on analysis of assessment dimensions, goals, and specialist competencies.

AI-generated content:

•Match scores and explanations are generated automatically by AI

•AI explanations are advisory, not binding

•Evoluna does not guarantee the accuracy or suitability of AI recommendations

•The user is responsible for the final choice of specialist

Data usage:

•Matching uses only data that the user has provided to Evoluna (completing assessments, profile data)

•The AI model does not make decisions that have legal effect on the user

•Users have the right to opt out of matching by disabling the matching feature in their profile settings

Profiling (GDPR Art. 22):

AI-based matching constitutes profiling within the meaning of GDPR. However, it is not fully automated decision-making, as the final choice is always made by the user. Users have the right to request human intervention and challenge AI recommendations.

Limited liability:

Evoluna is not liable for the consequences of decisions made based on AI recommendations. AI recommendations are an aid, not a substitute for independent decision-making.

Specialist referral system:

Specialists can refer other platform specialists to their clients. The referral system enables collaboration and cross-referencing.

Referral terms:

•A referral is a voluntary action by the specialist

•The referrer is responsible for the relevance of the referral to the best of their judgment

•Evoluna does not guarantee the suitability of the referred specialist

•The client is free to disregard the referral

Data usage:

•Referral data (referrer, referee, status) is stored on the platform

•Both parties are notified of the referral by email

•Referral history is visible in both specialists' profiles

Custom URLs:

Specialists can set up a custom profile URL (e.g., evoluna.app/name) through their profile settings.

Terms:

•The URL must consist of 3-50 characters (lowercase letters, numbers, and hyphens)

•The URL must not contain offensive, misleading, or trademark-infringing content

•Reserved words (e.g., admin, api, help, etc.) are prohibited

•The URL must be unique — each URL can belong to only one specialist

Change restrictions:

A custom URL can be changed once every 365 days. The old URL is released immediately after the change and is no longer available.

Removal:

Evoluna reserves the right to remove custom URLs that violate these terms, third-party rights, or are misleading. Upon account closure, the custom URL is released.

Campaign system:

Evoluna may offer campaigns that include free trial periods, discounts, and temporary subscription tier upgrades.

Campaign terms:

•The terms of each campaign (validity period, discount amount, usage limitations) are specified in the campaign description

•Campaigns are time-limited and may end at any time

•Campaigns are personal and non-transferable to another user

•Campaign abuse (e.g., creating duplicate accounts) is prohibited and may lead to account closure

Free trial periods:

•Trial periods are limited in duration and apply only to new users

•At the end of the trial period, automatic billing begins unless the user cancels

•Each user is granted one trial period

Discounted pricing:

Discounted pricing applies during the campaign period. After the campaign ends, the regular price applies.

The following is prohibited on the Platform:

•Providing false information in profiles or bookings

•Misusing other users' identity or data

•Spamming or sending unsolicited commercial messages

•Circumventing platform security measures or restrictions

•Content promoting violence, hate speech, or discrimination

•Illegal or fraudulent activity

•Advertising competing services

•Off-platform payments (bypassing the platform)

•Automated data collection (scraping, crawling, data mining)

•Using robots, spiders, or other automated tools to copy platform content

•Systematic downloading or reproduction of the platform database

•Creating third-party services based on Evoluna data without written permission

Intellectual property protection:

The Evoluna database, including the aggregation, classification, and enrichment of specialist profiles (archetype system), is a copyrighted work under Estonian Copyright Law. Any systematic copying is prohibited.

Consequences of violation:

In case of Terms violation, Evoluna has the right to temporarily suspend or permanently close the account without notice. In cases of automated data collection, Evoluna reserves the right to claim damages.

Evoluna intervenes when:

•We become aware of illegal activity on the platform

•We receive official notification from state institutions (police, data protection authority, etc.)

•A serious violation of these Terms is identified

•A user's or specialist's activity harms other platform users

Intervention measures:

•Content removal

•Temporary account suspension

•Permanent account closure

•Forwarding information to competent authorities

The platform acts quickly and proactively to prevent further harm.

User's right:

Users may close their account at any time through profile settings. After closure, data is retained for 30 days (period during which you can restore the account), then deleted.

Evoluna's right:

Evoluna may close an account:

•In case of Terms violation

•In case of suspected illegal activity

•In case of prolonged inactivity (2+ years)

Data retention:

Certain data (e.g., booking history, payment data) is retained even after account closure in accordance with legal requirements (accounting law: 7 years).

Applicable law:

These Terms are governed by the laws of the Republic of Estonia.

Dispute resolution:

1. **Negotiations:** We first try to resolve disputes through negotiations between the parties.

2. **Consumer protection:** Consumers have the right to contact the Consumer Protection and Technical Regulatory Authority (www.ttja.ee).

3. **Court:** Unresolved disputes are settled in Harju County Court.

Disputes between users:

Disputes between users and specialists are to be resolved by the parties themselves. Evoluna may offer mediation but is not obligated to do so.

Continuous Platform Development:

Evoluna is a continuously evolving digital platform. We regularly develop new features, services, and capabilities to improve the user experience and service quality.

Minor Functional Updates:

Evoluna may add new features, service categories, user interface improvements, and technical optimizations without prior consent, provided such changes do not alter the fundamental nature of existing services or the user's rights. Users will be informed of such changes through in-platform notifications.

Material Changes Requiring Notice:

The following changes are considered material and require advance notice as per §21:

•Processing of new categories of personal data

•Addition or modification of automated decision-making systems (GDPR Art. 22)

•Significant changes to pricing models of paid services

•Integration of third-party services that involve user data

•Removal of core platform functionality

User Rights:

If a material change negatively affects the user's position, the user has the right to withdraw from the agreement within 30 days of the change taking effect. Upon withdrawal, user data will be deleted in accordance with the Privacy Policy.

Legal basis: EU Digital Content Directive (2019/770) Articles 19–20; Unfair Contract Terms Directive 93/13/EEC.

Evoluna may change these Terms at any time. For significant changes:

•We will notify you by email at least 14 days in advance

•We will display a notice on the platform

•We will update the "Last updated" date on this page

Continued use of the Platform after changes take effect means acceptance of the new Terms. If you do not agree with the changes, stop using the platform.

Sending marketing communications:

Evoluna may send users marketing communications and newsletters about our services, offers, and updates.

Consent:

•We ask for your explicit consent to send marketing communications during registration

•Consent is not required to create an account

•You have the right to opt out of marketing communications at any time

Opting out:

You can opt out of marketing communications by:

•Changing settings on your profile page (Security tab)

•Contacting us at [email protected]

For more information, please see our [Privacy Policy](/legal/privacy).

Profiles imported from public professional directories:

Evoluna may import specialist data from public professional directories and registries to create so-called "unclaimed profiles". These profiles:

•Are clearly marked with an "Unclaimed" badge

•Include information about the data source

•Do not allow bookings

•Are created under GDPR Article 6(1)(f) (legitimate interest)

Claiming a profile:

If you find your unclaimed profile on the platform, you can claim it. The claiming process involves identity verification and administrator approval.

Data removal:

You have the right to request removal of your data from the platform at any time at evoluna.app/privacy-request.

For more information, please see our [Privacy Policy](/legal/privacy).