Terms and Conditions

Terms and Conditions.

1. Scope and Conclusion of the Contract

These General Terms and Conditions govern the legal relationship between Evulpo AG, Zurich (hereinafter “Evulpo”) and its customers regarding the use of the digital learning platform Evulpo (hereinafter the “Platform”). A customer is any person who registers with Evulpo – either as a private customer (e.g. student, parent, etc.) or as an institutional customer (schools and other educational institutions or their legal entities). A contract for the use of the Platform is formed once Evulpo confirms the registration. For customers who are minors, the consent of their legal representative is required.

Evulpo reserves the right to amend these General Terms and Conditions at any time. Changes to the General Terms and Conditions will be communicated to the customer in an appropriate manner (e.g. by email or upon login). The changes are deemed accepted if the customer does not object in writing within two weeks of the notification date. In the event of an objection, Evulpo has the right to (i) continue the contract under the previous General Terms and Conditions, or (ii) terminate the contract at the end of the current subscription period. Evulpo will exercise this right within 15 days of receiving the objection.

2. Evulpo’s Services

Evulpo offers digital learning content (hereinafter also “Evulpo Content”) and features via the online portal evulpo.com. Part of the offering can be used free of charge (Basic Offering), while extended features and full access to all content require a paid Premium subscription (e.g. an Evulpo Unlimited subscription). These General Terms and Conditions apply to both free and paid offerings. Before concluding a paid subscription, the customer is informed of the scope of services, the price, the billing method and the term, and must explicitly confirm the order. No costs are incurred by the customer without such an explicit order.

Evulpo reserves the right to modify, update, restrict or discontinue the Platform offering, or parts of it, at any time. For free services, Evulpo may make such changes without prior notice. If a change to a paid service results in a material reduction of the originally agreed scope of services to the customer’s disadvantage, the customer may terminate the contract with immediate effect (see Section 8(d)); there is no entitlement to a refund of fees already paid. If a change goes beyond maintaining the offering and the Platform in its current form (e.g. adding new services), Evulpo may make its provision subject to an additional fee.

3. Registration and User Account

By registering with an email address and a password, the customer gains access to the free Basic Service, with unlimited but functionally restricted use. A registered customer can also purchase a paid subscription and thereby gain access to all features and content.

Mandatory information for registration includes a valid email address and school-related information such as the current school year and region (e.g. canton, state or school district). Evulpo may request additional information to personalize the learning experience (e.g. school subject, interests), which is voluntary.

Access data and security: During registration, the user – whether a private customer or a person deriving their access rights from a private customer or an institutional customer (hereinafter also referred to as an “authorized user”) – chooses a password. This password must be kept secret and protected from access by third parties. The user may not disclose their access data to third parties. Actions carried out using the user’s access data are attributed to the respective user and customer. If the user suspects or discovers misuse of their account or unauthorized access (e.g. if a third party may have learned the password), they must change their password immediately and notify Evulpo Support. Evulpo will never ask the user for their password, except when logging into the Platform.

Accuracy of information: All information provided during registration and use of Evulpo must be accurate, complete and up to date. The use of pseudonyms or false identities is prohibited. Evulpo reserves the right to request proof of identity or authorization if there is doubt about the accuracy of the information provided (e.g. for teacher or school accounts). If the data provided is evidently incorrect or impermissible, Evulpo may refuse registration or block an existing account. If the information provided changes during the term of the contract, the user must update the relevant information.

Registration and maintaining an account are free of charge. As long as the customer does not purchase a paid Premium subscription, they may use the free Basic Service without limitation and without incurring any fees. Evulpo reserves the right to impose certain functional restrictions on the free Basic Service (e.g. limited access to content or features), to further develop it, or to discontinue it in the future.

4. Prices and Payment Terms

If the customer selects a paid Premium subscription (e.g. an Evulpo Unlimited subscription), they agree to pay the applicable fees. The prices and payment terms displayed on evulpo.com at the time of subscription apply. All prices include statutory VAT unless stated otherwise.

Payment method for private customers: Unless otherwise agreed, billing occurs in advance at the start of the chosen term (see Section 8(a)). The first payment is due upon conclusion of the contract, with further payments due at the start of each new subscription period. Evulpo is not obliged to issue a separate invoice. Upon concluding a subscription, the customer must provide a valid payment method (e.g. credit card, debit card, or a payment service supported by Evulpo).

Evulpo is entitled to collect the fees due using the payment method chosen by the customer (including for automatically renewed subscription periods). The customer authorizes Evulpo or the payment service provider to collect the amounts due accordingly. The charge is made directly on the due date. If a charge fails for reasons attributable to the customer (e.g. insufficient account funds, invalid credit card, expired validity), the customer bears the resulting costs (e.g. return debit fees). If the customer fails to meet their payment obligation, Evulpo is entitled to temporarily suspend the customer’s and their authorized users’ access to Premium content until all outstanding amounts have been settled. Evulpo’s statutory claims (e.g. default interest and damages due to default) remain unaffected. The customer is obliged to keep their payment information up to date at all times and to update it immediately in the event of changes (e.g. a new credit card number or expiry date).

Promotions and discounts: If the customer has taken advantage of a discount or a special promotion for an initial period (e.g. a voucher code, a reduced introductory period, or similar), the subscription will automatically renew under the then-applicable standard terms. Different discounts or special promotions can only be combined if expressly stated otherwise. Special terms always apply only for the stated period.

As part of a paid Premium subscription, the customer may be entitled to activate additional user accounts (e.g. for family members). If Evulpo offers such multi-user options, the scope, the number of included additional accounts, and any surcharges will be transparently stated during the ordering process. The customer is liable to Evulpo for breaches of obligations caused by their authorized users (e.g. family members) in connection with the use of the Platform, as if the customer had committed the breach themselves. The customer ensures that their authorized users also comply with these General Terms and Conditions. Additional users, where chargeable, are billed together with the customer’s subscription. Upgrading the subscription to add additional people is possible at any time; any additional fees are shown to the customer in advance and only charged after confirmation.

Special payment terms for institutional customers: For institutional customers, prices and payment terms are governed by the separately concluded license agreement.

5. Customer Responsibility and Evulpo’s Liability

Responsible use: The customer is obliged to use the Platform only in accordance with these General Terms and Conditions and applicable law. In particular, they must refrain from any unlawful use. It is prohibited to publish or distribute content on Evulpo that violates applicable law or the rights of third parties (e.g. illegal, violent, discriminatory or offensive content). Likewise prohibited are actions that could jeopardize the integrity, security or availability of the Platform – including hacking attempts, circumventing access restrictions, or mass automated data scraping. The customer undertakes to fully indemnify Evulpo for all damages and expenses (including legal fees) incurred by Evulpo, insofar as these damages and expenses result from a breach of obligations under these General Terms and Conditions or applicable law for which the customer is responsible.

Principles of Evulpo’s liability: Evulpo strives to operate the Platform securely and without disruption, but does not guarantee fault-free availability at all times. Evulpo’s liability for damages – regardless of the legal basis – is limited only to the following extent: In the case of intent or gross negligence, Evulpo’s liability is unlimited. In the case of simple negligent breach of material contractual obligations (so-called cardinal obligations, i.e. obligations whose fulfillment is essential for the proper performance of the contract in the first place and on whose observance the customer may regularly rely), Evulpo’s liability is limited to the amount of typically foreseeable, direct damage. Beyond that, Evulpo’s liability for simple negligence is excluded to the extent permitted by law.

Exclusions of liability: Unless stated otherwise above, Evulpo’s liability for indirect damages, consequential damages and lost profits is excluded. Evulpo makes no representation or warranty that the Platform’s content will achieve a specific learning outcome or improve the academic performance of the customer or their authorized users; any recommendations, forecasts or guidance provided do not constitute a representation or guarantee. Evulpo is also not liable for breaches of contract due to reasons beyond Evulpo’s control. In particular, Evulpo accepts no liability for disruptions, interruptions or damage caused by technical issues of third parties or by force majeure (e.g. power outages, network failures, server outages at hosting partners, epidemics/pandemics, or other cases of force majeure). Evulpo is also not liable for failures or impairments caused by the use of unsuitable hardware or software on the customer’s side, or on their network connection or internet access.

Product and title defects: Evulpo accepts no liability for the quality and accuracy of Evulpo’s content, unless expressly stated otherwise. Should the customer believe that content infringes the rights of third parties (e.g. third-party copyrights) or contains material defects, please notify Evulpo Support so that Evulpo can investigate the matter and remedy the situation.

Liability of institutional customers: If an institutional customer acts as the contracting party (see Section 9), it is liable to Evulpo for breaches of obligations committed by users it has authorized (e.g. teachers, administrators or students) in connection with the use of the Platform, as if it had committed the breach itself. The institutional customer ensures that all users it authorizes also comply with these General Terms and Conditions. The institutional customer indemnifies Evulpo against all third-party claims arising from a culpable breach of these General Terms and Conditions by its teachers, students or other auxiliary persons, and fully compensates Evulpo for all damages and expenses (including legal fees).

6. Intellectual Property and Content Usage Rights

Copyright: The digital content provided on Evulpo (text, videos, graphics, exercises, etc.) is protected by copyright. Evulpo (or its licensors, where applicable) retains all rights to this content. The customer is granted a simple (non-exclusive), non-transferable and non-sublicensable right to use the content within the scope of these General Terms and Conditions for the duration of the contract.

Permitted and prohibited use: The customer may access and stream Evulpo Content online and use it for their own teaching or learning purposes. Teachers may use the Platform and its content as part of their teaching (e.g. by displaying learning content to their class), but only via the Platform. Any other use requires Evulpo’s prior written consent. In particular, it is prohibited to read Evulpo Content in an automated manner (e.g. using scripts or bots), or to reproduce, distribute, make publicly available or commercially exploit it in any way outside the Platform. Editing, translating, reverse engineering or otherwise modifying Evulpo Content is likewise prohibited without consent.

Trademarks and logos: “Evulpo” and all trademarks, logos and company names belonging to Evulpo are protected under trademark law. The customer is not granted any right to use Evulpo trademarks or logos unless this is necessary for the contractual use of the Platform or has been approved in writing.

Violations of usage rights: In the event of a violation of the above provisions, Evulpo may temporarily or permanently block the user account of the customer or their authorized user and/or terminate the contract without notice (see Section 8(d)). In addition, the customer is obliged to compensate Evulpo for all resulting damages. Evulpo reserves the right to take legal action in the event of suspected unauthorized use, including criminal proceedings for copyright infringement.

7. Data Protection and Data Processing

Evulpo and any third parties engaged to fulfill the contract collect, store, process and use the necessary customer and user data in compliance with data protection regulations for the purpose of fulfilling the contractual relationship in accordance with the Privacy Policy. Insofar as Evulpo processes data on behalf of an institutional customer, the Data Processing Agreement (DPA) applies.

8. Contract Term and Termination

Evulpo offers paid subscriptions with different terms for private customers. When concluding the contract, the user can choose between a monthly subscription (1-month term) or an annually cancellable subscription (12-month term). Unless otherwise agreed, both monthly and annual subscriptions automatically renew for the originally selected term (1 month or 12 months, respectively), unless the user cancels in time.

Termination by private customers: The user may cancel their paid subscription at any time, effective at the end of the current subscription period. For a monthly subscription, the cancellation must be received at least one day before the end of the current month. For an annual subscription, the cancellation must be received at least one day before the end of the 12-month term. Cancellation can only be made by the user themselves via their account (menu item “My Account” → “Subscriptions” → “Cancel subscription”). After cancellation, the user retains full access to Premium content until the end of the paid term; thereafter, their account is automatically switched to free, restricted access. Payments already made for the current subscription period are not refunded (except where required by law, e.g. in the case of cancellation by consumers in the EU, see Section 8(f)).

Term and termination for institutional customers: For institutional customers, the term, renewal, notice period and account management provisions after contract end are governed exclusively by the separately concluded license agreement, subject to Section 9(f).

Extraordinary termination: The right of either party to terminate for good cause remains unaffected. In particular, Evulpo is entitled to terminate the contract without notice and/or to immediately block the customer’s and their authorized users’ user account if the customer breaches material contractual obligations. Evulpo also considers there to be good cause if the customer is in default of payment, commits a serious violation of the terms of use (Section 5 or 6), transfers their account to third parties without authorization, or otherwise repeatedly or materially violates these Terms of Use. In the event of termination without notice by Evulpo for good cause, the customer is not entitled to a refund of fees already paid.

Modification or discontinuation of services: If Evulpo discontinues operation of the Platform or modifies paid services in a way that materially restricts the originally agreed scope of services to the customer’s disadvantage (see Section 2(b)), Evulpo will inform the customer in good time. In the event of discontinuation of the Platform, private customers with an active subscription have the right to terminate the contract with immediate effect; any fees paid in advance for periods after the discontinuation of the service will be refunded on a pro-rata basis, unless the discontinuation is based on good cause within the meaning of Section 8(d).

Right of withdrawal for consumers (EU): If the customer is a consumer resident in the EU and concludes a paid contract with Evulpo via distance selling (e.g. an Evulpo Unlimited subscription), they may be entitled to a statutory right of withdrawal or cancellation (e.g. a 14-day right of withdrawal under EU consumer protection law). Evulpo hereby notes that, for digital content and services made available to the customer immediately after conclusion of the contract, the right of withdrawal may expire early if the customer has expressly agreed that Evulpo may begin performing the contract before the withdrawal period has expired. During the ordering process, EU consumers are asked to provide corresponding confirmation, where applicable. If the consumer exercises their right of withdrawal within the withdrawal period, Evulpo will refund payments already received, and the customer will lose access to the corresponding Premium features. Evulpo will provide EU consumers with details of the right of withdrawal, how to exercise it, and a sample withdrawal form separately (e.g. in text form by email immediately after concluding the subscription). This provision does not affect stricter national consumer protection regulations.

9. Special Provisions for Institutional Customers (B2B Use)

Registration of institutional customers: Schools or other educational institutions can use Evulpo Content either via a dedicated account purchased by an institutional customer (canton, state or other legal entity), or under an individual contract (school license). Registration of an institutional customer is generally carried out by an authorized representative (e.g. school principal or IT officer) via the Evulpo website or by contacting Evulpo directly. When registering as an institutional customer, in addition to general information about the institution(s) (e.g. school name, address, school type), a responsible contact person and their contact details (email, phone) must be provided. The person carrying out the registration confirms that they are authorized to represent the institutional customer and to conclude the contract with Evulpo. Evulpo is entitled to request corresponding proof of authority to represent (e.g. confirmation by the school administration or education authority).

Admin, teacher and student accounts: Evulpo provides institutional customers with three types of accounts: administrators, teachers and students. An administrator account (e.g. for school administration or the school’s IT administrator) provides the ability to manage the license – for example, inviting teachers, uploading student lists, creating classes and tracking licenses in use. Teachers receive their own accounts, allowing them to use Evulpo Content in class, manage classes virtually and view the learning progress of their registered students. Student accounts give learners individual access to the provided learning modules and exercises; their learning progress is likewise saved so that they and their teachers can view it. The institutional customer can either create these accounts itself in coordination with Evulpo (e.g. by importing a student list) or leave registration to the individual users (e.g. student registration using a class code provided by the teacher). In both cases, Evulpo provides the institutional customer or teachers with suitable tools to link student accounts to a class/school.

Rights and obligations of the institutional customer: The institutional customer may use the Platform with all features provided under the agreed license. It is entitled to use Evulpo Content in class, to support homework, and to promote students’ learning. The institutional customer must ensure that only its teachers, students and, where applicable, legal guardians have access to Evulpo Content, and that this content is not made accessible to unauthorized third parties. Access data for teacher, student and administrator accounts may only be used by the respective authorized users. The institutional customer undertakes to take suitable technical and organizational measures, for example to ensure that departing teachers no longer have access to their account, or that access data for student accounts does not fall into the hands of unauthorized persons. If the institutional customer becomes aware of signs of misuse (e.g. a teacher’s password being shared with third parties), it must inform Evulpo without delay and, where possible, take preventive measures itself (e.g. change the password, block the accounts concerned).

Administrator rights: The administrator designated by the institutional customer has extensive permissions within their account. On behalf of the institutional customer, they can invite or activate new teachers, manage classes and obtain an overview of learning data. In particular, they can retrieve usage reports (e.g. the overall progress of a class) to evaluate the success of the Platform. The administrator cannot make changes to Evulpo Content but can determine which content is made available or recommended to students. The institutional customer is responsible for ensuring that administrator accounts are only assigned to trustworthy individuals and that these individuals are appropriately trained in handling data protection and student data.

Support and cooperation: Evulpo provides institutional customers with additional resources and support as needed, e.g. teacher training, a preferred support contact, or technical assistance with integration into existing systems (where agreed). The institutional customer is obliged to cooperate appropriately in the implementation of Evulpo at its institution, e.g. by informing teachers and students about the new offering, creating the necessary technical requirements (internet connectivity at the school, sufficient devices), and providing Evulpo with feedback on any issues. Both parties aim for a collaborative partnership to maximize the benefit of the Platform for everyone involved.

Termination and consequences: The term and termination for institutional customers are governed by Section 8(c). In the event of termination or non-renewal of the contract, the institutional customer decides, in good time before the end of the contract, whether existing user accounts (in particular student accounts) should be deleted or transferred to the respective users. If the institutional customer does not provide explicit instructions, Evulpo will proceed on the principle of allowing affected students and teachers to transition to the free Basic Service. The institutional customer should inform users about the end of the contract and the possible continued availability of the accounts. Evulpo will provide the institutional customer with appropriate support in this regard (e.g. via an information link or prepared letters to parents). At the institutional customer’s request, Evulpo will confirm in writing the deletion of all data processed on its behalf. Any devices or physical materials provided by Evulpo to the school must be returned to Evulpo after the end of the contract.

Relationship to individual accounts: If individual students or parents already hold their own Evulpo accounts before or in addition to the contract with the institutional customer (e.g. a private Evulpo Unlimited subscription), this contractual relationship remains unaffected.

10. Further Provisions (Final Provisions)

Individual agreements: Agreements deviating from or supplementing these General Terms and Conditions are only binding if expressly confirmed in writing by Evulpo. This also applies to any amendment of this written-form clause. There are no oral side agreements. The customer’s own terms and conditions (e.g. a school’s general purchasing terms) do not apply, even if Evulpo does not expressly object to them.

Transfer of rights: The customer may not assign or transfer any rights or obligations under this contractual relationship, or the contractual relationship itself, to third parties without Evulpo’s prior written consent. Transferring the account to another person is not permitted.

Set-off and retention: The customer is only entitled to set off against Evulpo’s claims if their counterclaims are undisputed or have been legally established. Rights of retention and similar rights may only be asserted if they are based on the same contractual relationship.

Severability clause: Should individual provisions of these General Terms and Conditions or of the contract concluded with the customer be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or missing provision shall be replaced by the applicable statutory provisions. The same applies to any gaps in the contract.

Contract language: If Evulpo offers or translates these General Terms and Conditions into multiple languages, the German version always takes precedence, unless expressly stated otherwise. Communication with Support may take place in the languages offered by Evulpo; however, legal declarations (e.g. terminations, reminders) will be issued in German in case of doubt.

11. Contact Details

Evulpo AG, Pfingstweidstrasse 60, 8005 Zurich, Switzerland – Email: info_ch@evulpo.com – Web: https://evulpo.com. Evulpo is registered in the Commercial Register of the Canton of Zurich under UID number: CHE-147.452.060.

12. Applicable Law and Jurisdiction

Choice of law: All legal relationships between Evulpo and the customer are governed by substantive Swiss law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of a private customer’s country of residence remain unaffected, insofar as applicable.

Jurisdiction: The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Zurich, Switzerland, unless another place of jurisdiction is mandatory by law. However, Evulpo is entitled to assert claims against the customer before the courts having jurisdiction over the customer’s registered office or place of residence, provided no mandatory place of jurisdiction precludes this.

Place of performance: The place of performance for all of Evulpo’s contractual services is Evulpo’s registered office in Zurich, unless expressly agreed otherwise.

Version: April 2026. These General Terms and Conditions supersede all previously published versions.

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