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
- The following documents also form part of these terms: Our Privacy Policy www.eevi.com/privacy-policy
- Our Children’s Privacy Statement www.eevi.com/children’s-privacy-statement
- Our Cookie Policy www.eevi.com/cookie-policy
- The terms and conditions of any Services you subscribe to.
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
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
- - 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
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.
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.