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Eevi End-User Licence Agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY DOWNLOADING OR USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APP. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE PERMISSION FROM A PARENT OR GUARDIAN TO USE THIS APP.

Who we are and what this agreement does

We, Total Care and Support Limited (UK company number 04462867) trading as “Eevi”, of Time Technology Park, Blackburn Road, Simonstone, Burnley, BB12 7TW, license you to use

  • - Eevi version 1.0 mobile application software and any updates or supplements to it (the “App”);
  • - The related online or electronic documentation (the “Documentation”);
  • - The service you connect to via the App and the content we provide to you through it (the “Service”), as permitted in these terms.

Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice www.eevi.com/app-privacy-notice and it is important that you read that information.

Other terms that may apply to you

We, Total Care and Support Limited (UK company number 04462867) trading as “Eevi”, of Time Technology Park, Blackburn Road, Simonstone, Burnley, BB12 7TW, license you to use

App Store’s terms also apply

The ways in which you can use the App and Documentation may also be controlled by the rules and policies of the Apple and/or Google App store (the App Store) you download the App from. Where there is a conflict, the relevant App Store terms shall apply.

Support for the App and how to tell us about problems

If you want to learn more about the App or the Service or have any problems using them, please visit our support page www.eevi.com/contact-us

Contacting us (including with complaints). Please email our customer service team at support@eevi.com

How we will communicate with you

We may contact you via email, SMS or in-app notification, using the contact details you provide to us.

How you may use the App

In return for your agreeing to comply with these terms, you may:
  • - Download or stream the App on an unlimited number of personal devices.
  • - Make one backup copy of the App for personal use.
  • - Use the App and Documentation only for personal, non-commercial purposes.
  • - Receive and use free updates and bug fixes as we provide them.

You must be 18 or have parental permission to use the App

There is no formal age restriction, but if you are under 18, you must have permission from a parent or guardian to use this App.

You may not transfer the App to someone else

This licence is personal. If you sell a device with the App installed, you must remove the App before transfer.

Changes to these terms

We may change these terms to reflect legal or operational updates. We will notify you 30 days in advance where possible. If you do not agree to the changes, you may stop using the App.

Update to the App and changes to the Service

We may update the App and Services to improve performance or fix issues. If you do not install updates, the App may no longer function as intended.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We are not responsible for other websites you link to

The App may link to third-party sites not under our control. We are not responsible for their content or privacy practices.

Licence restrictions

You agree to:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must: .

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

Use of Smart Devices at Your Own Risk: You are responsible for configuring and maintaining your connected smart devices in accordance with the manufacturer’s instructions. The App is provided for convenience only and must not be relied upon for safety-critical, security-critical, or emergency systems, such as life support, medical monitoring, fire or intrusion alarms, or heating systems in extreme conditions.
No Liability for Third-Party Device Failures: We are not responsible for the performance, availability, or compatibility of any third-party smart device connected to the App. We do not guarantee that such devices or services will function without interruption or error when used with the App. Compatibility with third-party devices may vary. We do not warrant or guarantee that any particular device or brand will work with the App
Limitations of Control and Automation: You acknowledge that any automation routines you configure through the App (e.g., turning devices on/off based on time, location, or other triggers) operate on logic defined by you.

You are responsible for regularly reviewing your automation routines and monitoring the status of any connected devices. We are not liable for any loss or damage resulting from routines that operate unexpectedly, incorrectly, or due to your failure to test or review their behaviour.

Loss of data: if your account is deleted or if devices associated with your account are removed, all related data will be permanently deleted from our servers and cannot be recovered. We are not responsible for any loss of data resulting from such deletion, and we are unable to restore data once your account or associated devices have been deleted. We recommend that you back up any important data before deleting your account or disconnecting devices.
Exclusion of Indirect Losses: o the fullest extent permitted by law, we exclude liability for any indirect, incidental, special, or consequential losses, including but not limited to loss of profit, data, use, business opportunity, or goodwill arising out of or in connection with your use of the App or connected smart devices.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property: If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to install an update offered free of charge or for damage caused by your failure to follow installation instructions or maintain minimum system requirements.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business, or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services: The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Decisions made based on app information are your responsibility, and we disclaim liability for any actions taken or not taken based on such content.
Please back-up content and data used with the App We recommend that you back up any content and data used in connection with the App to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. If our provision of the Services or support for the App or the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. If there is a risk of substantial delay, you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If a court finds part of this contract illegal, the rest will continue in force

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this agreement and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.