EVA Terms of Service

Effective date: 2 June 2026 Last updated: 2 June 2026

These Terms of Service ("Terms") govern your access to and use of the EVA educational intelligence platform (the "Service") provided by EVA by Incipe Academy Limited ("EVA", "we", "us", or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Definitions

• "Account Holder" / "you" — a teacher, school, institution, or staff member who registers for or uses the Service.

• "Student Data" — any information about students that an Account Holder enters into the Service, including names, submitted work, scores, and performance data.

• "AI Output" — grades, feedback, comments, dashboards, and other content generated by the Service's AI features.

2. Eligibility and accounts

• You must be at least 18 years old and capable of forming a binding contract to hold an account. The Service is intended for use by teachers and educational staff, not by students directly.

• You are responsible for the accuracy of your registration information, for keeping your credentials confidential, and for all activity under your account.

• If you register on behalf of a school or institution, you represent that you are authorised to bind that organisation to these Terms.

3. Plans, billing, and the freemium model

The Service is offered on a freemium basis:

• Free plan — provides access to a limited set of features at no charge. We may change the scope of the free plan over time.

• Premium plan(s) — provide additional features for a recurring subscription fee.

For Premium plans:

• Fees, billing frequency, and included features are described at the point of purchase.

• Subscriptions renew automatically at the end of each billing period unless cancelled before renewal. You may cancel at any time; cancellation takes effect at the end of the current billing period.

• Except where required by law, fees are non-refundable, including for partial billing periods.

• We may change pricing on reasonable prior notice; changes apply from your next billing period.

4. Your responsibilities regarding Student Data

This section is important given that the Service processes identifiable information about students, who may be minors.

By uploading or entering Student Data, you represent and warrant that:

1. You are authorised to provide that Student Data to the Service, whether by your school, the relevant students, or their parents/guardians as applicable.

2. You have obtained any consent required under applicable law and your institution's policies, including any parental or guardian consent required for minors.

3. You will provide only the Student Data necessary for the assessment and teaching purposes for which you use the Service.

4. Your use of the Service complies with all laws and institutional policies applicable to you, including the Personal Data (Privacy) Ordinance (Cap. 486).

You grant us a limited licence to host, process, and display Student Data solely to provide the Service to you. We process Student Data in accordance with our Privacy Policy. You — not EVA — are responsible for the lawful basis for collecting and uploading Student Data.

5. AI Output — important limitations

The Service uses artificial intelligence to assist with grading, feedback, and analysis. You acknowledge and agree that:

• AI Output is provided as a study and teaching aid only. It may contain errors, omissions, or inaccuracies, and is not guaranteed to be correct, complete, or consistent.

• AI Output does not replace professional judgment. The teacher remains responsible for reviewing, verifying, and deciding on any grade, feedback, or assessment outcome.

• AI Output does not predict or guarantee any actual examination result, including in Hong Kong public examinations. We make no representation that use of the Service will improve any student's performance or grades.

• You should not rely on AI Output as the sole basis for any decision affecting a student.

6. Acceptable use

You agree not to:

• Use the Service unlawfully or in breach of any third party's rights.

• Upload data you are not authorised to provide, or content that is unlawful, harmful, or infringing.

• Attempt to reverse engineer, scrape, overload, disrupt, or gain unauthorised access to the Service.

• Resell or commercially exploit the Service except as expressly permitted.

• Use the Service to build a competing product or to train AI models.

We may suspend or terminate access for breach of these Terms.

7. Intellectual property

The Service, including its software, design, and content (excluding Student Data and your own uploaded materials), is owned by EVA and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. You retain ownership of materials and Student Data you upload.

8. Third-party services

The Service relies on third-party providers (including AI, hosting, observability, and payment providers). Your use of the Service may be subject to their availability, and we are not responsible for their acts or omissions beyond our reasonable control.

9. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

10. Limitation of liability

To the maximum extent permitted by law:

• We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill.

• Our total aggregate liability arising out of or relating to the Service will not exceed the greater of (a) the total fees you paid us in the 12 months preceding the claim, or (b) HKD [AMOUNT].

Nothing in these Terms excludes liability that cannot be excluded under applicable law.

11. Indemnity

You agree to indemnify and hold harmless EVA from claims, losses, and expenses arising out of your breach of these Terms, your misuse of the Service, or your upload of Student Data without proper authority or consent.

12. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms or if required by law. On termination, your right to use the Service ends; provisions that by their nature should survive (including Sections 4, 5, 9, 10, 11, and 13) will survive.

13. Governing law and disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region, and you submit to the exclusive jurisdiction of the Hong Kong courts.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified through the Service or by email. Continued use after changes take effect constitutes acceptance.

15. Contact

Incipe Academy Limited Email: info@incipeacademy.com