1. General provisions

1.1. “EVA” LLC (INN 7447296784, hereinafter referred to as “Operator”) has developed and approved this “User Agreement”.

1.2. The User must read this User Agreement before using the Service and accept its terms in full. The User’s disagreement with the terms of the User Agreement entails the inability to use the Service.

1.3. This User Agreement is a public offer within the meaning of art. 437 of the Civil Code of the Russian Federation. The Operator begins to provide services to the User from the moment of acceptance (acceptance) of the User Agreement and the Privacy Policy, posted at the address: https://evva.space

1.4. Acceptance of this User Agreement is also an acceptance of our Privacy Policy and is made when the User goes to the Service in order to use any functionality of the Service or when sending an application for registration in the Service to the Operator. Before sending an application for registration in the Service, the User indicates in the application “I accept the terms of the User Agreement” posted on the Service website.

1.5. The User must also read the Payment system’s User agreement before using the Service and accept its terms in full. Acceptance of this User Agreement means consent to the terms and conditions of the Payment System User Agreement Payment system, located at: www.best2pay.net, as well as when using the Service on the payment page: https://www.best2pay.net/.

2. Terms and definitions

Service – service “EVVA”, available when using the site at: https://evva.space, which provides extensive functionality to service establishments, which includes, in addition to the basic interface, the possibility of voluntary and gratuitous transfer of funds in non-cash form (tips) from the Guest to the Waiter, registered in the Service, by transferring funds to his personal account and the ability to pay for the order through the Service.

User – any visitor to the Service. Service divides three categories of Users, different in the amount of rights and assigned duties – “Guests”, “Waiters” and “Administrators”.

Guest – Registered or unregistered User of the Service, who agrees with the current user agreement by using the service as a whole or its individual functionality, with the right to use any functionality of the Service, including the implementation of voluntary and royalty-free transfers using the functionality of the Service, as well as to leave reviews on the work of Waiters Service, reviews on the institution and menu items.

Waiter – a registered User of the Service, which has the ability to receive remittances (tips) from Guests to the personal account of the Waiter.

Administrator – is a registered User of the Service, who has the ability to provide access to the Service to the Waiters, and monitors the received remittances (tips) and feedback on the work of Waiters, also has the ability to edit any information about his institution displayed in the Service, by adjusting it in the Administrator’s panel at: https://admin.evva.space.

Establishment – a restaurant, cafe, bar, hotel or other place of service to customers.

Payment system – is a partner(s) of the Service, which provides the ability to transfer cashless money (tips) from Guests to Waiters.

Personal data – is any information about Users obtained in the process of using the Service.

Cross-border transfer of personal data – is the transfer of personal data of the User to databases located in a foreign country.

Confidential information – is the information transferred by the User to the Operator in accordance with this Agreement, which includes, but is not limited to the following: commercial, contractual and financial information, as well as all documents and/or other information, prepared in written or other form by the User, which reflect and/or include such information. The information subject to protection and non-disclosure in accordance with this Agreement does not include information posted by the User in public access on the resources of the Service and on other sites and services, as well as other information that cannot be considered confidential information in accordance with the current legislation of the Russian Federation.

3. Using the “EVVA” service

3.1. The service provides an opportunity:

• Voluntary gratuitous transfer of funds from the Guest to the Waiter exclusively in non-cash form through the use of the Payment system;
• Guest can leave feedback on the waiters’ work;
• Use the interactive Online Menu;
• Guests can leave feedback about the work of establishment;
• Guests can leave feedback on items on the menu;
• Using other functionality available in the Service.

3.2. Voluntary gratuitous transfer of funds or payment for the order through the Service can be made in one of the following ways:

• Payment by the Guest’s bank card using the Service and the Payment system;
• Payment by Guest’s bank card via mobile payment systems (Apple Pay, Google Pay and/or Samsung Pay).

3.3. Payment for using the service (subscription) is non-refundable.

3.3. Funds transfer with the use of the Service and the Payment system is performed on the site or in the application of the Service. To transfer money to the Waiter, the Guest must specify the amount of transfer and select the waiter to whom the transfer will be made or click the appropriate button “Leave a tip”. After specifying the transfer amount the Guest will be redirected to a secure page of the Payment system. The amount of data required to make the transfer is determined by the Payment system.

3.4. If the Guest’s bank card supports the 3D Secure technology, the transfer will require additional user verification at the issuing bank. To do this, the Guest will be directed to the page of the issuing bank. The verification procedure is determined by the issuing bank.

3.5. The Operator is not responsible for the purpose of the transfer and the purpose of money transfer from the Guest to the Waiter.

3.6. The obligation and responsibility to calculate and pay any taxes and fees, as provided by law, arising in connection with the use of the Service is the responsibility of the payer – the Guest.

3.7. By acceding to this User Agreement and providing information to the Operator, the User is responsible for the accuracy of the data provided.

3.8. The Service reserves the right to set and/or change the individual limit of each Guest on the amount of transfer per day/month/other period at any time, as well as to check the purpose and purpose of the transfer in order to protect the rights and legitimate interests of the Guest and third parties.

4. Payment security

You can pay for your order or leave a tip with Visa, MasterCard, MIR bank cards. When paying by bank card, payment security is guaranteed by Best2Pay processing center.

Receiving payments is made through a secure connection, using the TLS 1.2 protocol. Best2Pay complies with international PCI DSS requirements for secure processing of the payer’s bank card details. Your confidential data (card details, registration information etc.) is not submitted to the Operator; it is processed by the processing center of Best2Pay and is fully secured. No one, including the Operator, can get bank data and personal data of the payer.

If you pay for your order or transfer tips by bank card, the refund is made to the same card from which the payment was made.

5. User and operator rights and responsibilities

5.1. The User has the right to:

• Use the functionality of the Service in accordance with the User category assigned to it;
• Transmit Confidential Information to the Operator to perform actions necessary for the use of the Service;
• Refuse to receive information messages by sending a notice to the Operator to the e-mail address: [email protected];
• Restrict access to their personal data by refusing to use the Service in whole or in part, provided that the use of the Service will be possible without access to the relevant data, by sending a notice to the Operator to the e-mail address: [email protected];
• Contact the Service support with questions, claims and suggestions related to the operation of the Service by sending an email to: [email protected] The period for sending claims is 3 (three) working days from the day of the event, in connection with which the claim is sent.

5.2. The User undertakes that:

• Provide true, current, accurate and complete information when using the Service. Thus the User agrees that the Operator is not obliged to check reliability of the information provided by the User;
• To update the Personal information provided at registration, in case of their change;
• Not to perform actions on behalf of another, actually existing or previously existing person, not to specify the personal information of third parties, not to use the information of third parties in any other way that does not meet the requirements of the legislation of the Russian Federation. Responsibility for these actions, including those that have caused losses to the Service, shall be borne by the User;
• Not to transfer to third parties their account and / or login and password of their account, be responsible for the safety of this information.

5.3. The operator has the right:

• Change the terms of the User Agreement and the Personal Data Processing Policy;
• At any time to refuse the User to use the Service. Refusal to use the Service may be expressed through refusal to transfer funds, refusal to register on the Service resources, deletion of the User’s account. The Operator is not obliged to disclose to the User the reasons for refusal to use the Service;
• Engage third parties for the purposes of using the Service in compliance with the conditions of confidentiality and other conditions stipulated by this User Agreement;

5.4. The Operator undertakes:

• Provide services to the User in accordance with this User Agreement;
• Maintain the Service’s operability except for the cases when it is impossible due to the reasons beyond the Operator’s control;
• Ensure the safety and non-disclosure of the Confidential Information provided by the User in accordance with the present Agreement. The Operator undertakes not to disclose, provide, distribute, discuss or reproduce the Confidential Information to any parties without the User’s explicit consent, except in cases stipulated by the legislation of the Russian Federation or the Agreement.

6. Payment order

6.1. The first 14 days of using the service are free for the establishments (Filling information about the institution, menu, staff, etc. is paid separately, in advance).

6.2. After 14 days the institution pays a license fee for further use of the service.

6.2.1. The current cost of the license can be found on the website https://evva.space/#main-form.

6.3. If at the end of the 14-day trial period the license has not been purchased, the institution completely disconnects from the Service.

6.3.1. Purchase of the license is possible both from the account of the individual and from the account of the Legal entity, by invoicing the Operator.

6.3.2. Setting up the application and filling the administrator panel can be done independently by the institution or by the Operator by paying for the “Setting up the application” service, which includes filling in information about the institution, contact information, personnel, seating and menu (not more than 200 items).

6.3.3. The “Application Setup” service is provided on a one-time basis based on the information originally provided by the establishment; adjustments, changes, new documents, etc. provided after the setup, as part of the free use of the Service, are implemented by the establishment itself.

6.3.4. The “Customized design” service is provided on a one-time basis based on the information originally provided by the institution. The prepared design is coordinated with the institution. As part of the service, the service has the legal right to place a logo or trademark on products. Up to three edits may be made by the institution.

6.3.5. The “Photo Selection” service is provided based on the information that was provided by the Institution initially. The client manager selects photos (no more than 100 pieces) for dishes and drinks on the menu. The work is carried out within 5 working days. After completing the work, the institution is given 5 working days to make edits. The cost of the service is 1,990 rubles.

6.3.6. The Operator’s fee is also 7% of the tip amount.

6.3.7. The fee for the transfer of tips is equal to 7%, and the Guest may take the fee for them by checking the appropriate box when transferring the tip to the Waiter.

6.3.8. The commission for withdrawing Tips from the Waiter’s Personal Account to his bank card is the commission of the Issuing Bank, equal to 1% (Minimum of 30 rubles) and is not the Operator’s remuneration.

7. Concluding Provisions

7.1. Acceptance of this User Agreement expresses the User’s full consent with the terms of the User Agreement and the Privacy Policy.

7.2. The Operator is not responsible for the services provided by third parties, including Service partners.

7.3. The Operator is entitled to make amendments and changes to this User Agreement by publishing the new version of the User Agreement on the website and in the Service’s application. The User agrees to check this User Agreement periodically for changes (the date of its publication is specified in the document). Changes in the User Agreement made by the Operator come into force at the moment of publication of the new edition of the User Agreement. The User has the right to refuse to accept changes and additions to this User Agreement, which means the User’s refusal to use the Service.

7.4. This User Agreement and the Privacy Policy are published on the official website of the Operator at: https://evva.space/en/agreement-en/.

7.5. In case of any disputes or disagreements, the parties will establish a mandatory pre-trial procedure for filing a claim. The term for consideration of the claim is 30 calendar days from the date of receipt at the Operator’s address. If the disputes or disagreements are not resolved by the parties, they shall be subject to consideration in an arbitration court or court of general jurisdiction at the location of the Operator in the manner prescribed by the laws of the Russian Federation.

8. Company details

LLC “EVA”
Taxpayer Identification Number (INN): 7447296784
Tax Registration Reason Code (KPP): : 744701001
Payment account: 40702810910001058642
Correspondent account: 30101810145250000974
Bank: Tinkoff Bank
RCBIC: 044525974
Business address: 454080, Chelyabinsk, st. Engels 44D, office 508