End User Licence Agreement:

PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.

This end-user licence agreement ("EULA") is a legal agreement between you ("End-user" or "you") and SALUS Controls Plc of Unit 1 Dodworth Business Park, Whinby Road, Dodworth, Barnsley, S75 3SP ("Licensor", "us" or "we") that governs your access to and use of our services to manage Salus’ home heating and related energy control products (the “Services”) when you download our mobile application (“App”) onto your mobile telephone or handheld device or using the web version of the Services, available at www.salus-smarthome.com/app.

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider ("Appstore"), when the End-user downloaded the App ("Appstore Rules"). We do not sell the App. We remain the owners of the App at all times.

Important notice:

  • By downloading the App onto your mobile telephone or handheld device or by using the web version of the Services you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the privacy notice defined in condition 1.5 and limitations on liability in condition 7.
  • If you do not agree to the terms of this licence, we will not license the App to you. If the App is already installed, you should not use it and uninstall it.
  • As consumer, you have the right to withdraw from downloading the App without any reason.
  • This does not affect your consumer rights for an app or documents that are defective.
  • You must be a minimum of age 18 or the age of majority in your jurisdiction to register for the Services. By registering for and using the Services, you warrant that you are 18 or older and understand your obligations under these Terms.

You should print a copy of this EULA for future reference.

WHEREBY it is agreed as follows:

1. ACKNOWLEDGEMENTS

1.1 The terms of this EULA apply to the App or any of the Services accessible through the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

1.2 We may change these terms at any time by sending you a notice with details of the change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.

1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2.1 ("Devices") and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

1.5 The terms of our privacy notice from time to time, available at https://eu.salusconnect.io/legal/privacy ("Privacy Notice") are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.6 as having separate privacy policies. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

1.7 Certain Services including all aspects of functions associated with time, will make use of location data sent from the Devices. You can turn this functionality on and off at any time by using the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based services. You may withdraw this consent at any time by turning off the location services settings on your device.

1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. GRANT AND SCOPE OF LICENCE AND YOUR ACCOUNT

2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Notice and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2 You may download or stream a copy of the App onto iPhone, iPod, iPad and Android compatible devices and to view, use and display the App on the Devices for your personal purposes only use the Documents for your personal purposes only.

2.3 To obtain access to the Services, you will be required to set up an account by providing your email address and designating a password When setting up an account with SALUS you must: (a) provide true, accurate, current and complete information about yourself as requested by our registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. SALUS may deny approval for access to the Services or withdraw such approval at any time in its sole discretion, with or without cause.

2.4 Only users who have registered for an account may access the Services. All users must keep their passwords confidential and are responsible for selecting robust passwords that are not easily deciphered. We will not be liable for any loss or damage arising from any disclosure of your password and consequent unauthorized use of your account.

2.5 You must immediately notify SALUS in writing if you become aware of any unauthorized use of your account or the Services. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide SALUS with such cooperation and assistance related to any such unauthorized use as SALUS may reasonably request.

3. LICENCE RESTRICTIONS

Except as expressly set out in this EULA or as permitted by any local law, you agree:

3.1 not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

3.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

3.3 not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

3.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except on prior written notice to us and to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

3.4.1 is used only for the purpose of achieving inter-operability of the App with another software program;

3.4.2 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

3.4.3 is not used to create any software that is substantially similar to the App;

3.5 to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

3.6 to include our copyright notice on all entire and partial copies you make of the App on any medium;

3.7 not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

3.8 to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service ("Technology"), together "Licence Restrictions".

4. ACCEPTABLE USE RESTRICTIONS

You must:

4.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

4.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);

4.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

4.4 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 or their Devices; and

4.5 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.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.

5.2 You acknowledge that you have no right to have access to the App in source-code form.

5.3 As between SALUS and you, SALUS or its licensors own and reserve all rights, title and interests in and to the Services and all hardware, software and other items used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Salus. In the event that you provide comments, suggestions or recommendations to SALUS related to the Services (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Services) (collectively, "Feedback"), you hereby grant to SALUS a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any Feedback provided.

6. LIMITED WARRANTY AND SUPPORT

6.1 We warrant that:

6.1.1 the App will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents; and

6.1.2 that the Documents correctly describe the operation of the App in all material respects, when the App is downloaded or streamed to the Devices.

6.2 If on downloading, you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, we will investigate this.

6.3.1 if the defect or fault in the App or any Service results from you having amended the App;

6.3.2 if the defect or fault in the App results from you having used the App in contravention of the terms of this EULA;

6.4 This warranty is in addition to your legal rights in relation to software that is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

6.5 We offer support between 9am and 5pm on weekdays. You may contact us by e-mail at support@salus-smarthome.com.

7. LIMITATION OF LIABILITY

7.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.

7.2 Although the App and Documents may be used for commercial and business purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 7.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

7.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £1,000. This does not apply to the types of loss set out in condition 7.5.

7.5 Nothing in this EULA shall limit or exclude our liability for:

7.5.1 death or personal injury resulting from our negligence;

7.5.2 fraud or fraudulent misrepresentation; and

7.5.3 any other liability that cannot be excluded or limited by English law.

8. TERMINATION

8.1 We may terminate this EULA immediately by written notice to you:

8.1.1 if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;

8.1.2 if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and

8.1.3 we discover that you have copied or attempted to copy our App.

8.2 On termination for any reason:

8.2.1 all rights granted to you under this EULA shall cease;

8.2.2 you must immediately cease all activities authorised by this EULA, including your use of any Services;

8.2.3 you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so;

8.2.4 we may cease providing you with access to the Services.

9. COMMUNICATION BETWEEN US

9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to SALUS Controls Plc at Unit 1 Dodworth Business Park, Whinby Road, Dodworth, Barnsley, S75 3SP ATTENTION: Data Protection Officer and support@salus-smarthome.com We will confirm receipt of this by contacting you in writing, normally by e-mail.

9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, [including failure of public or private telecommunications networks ("Event Outside Our Control").

10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

10.2.1 our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

10.2.2 we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.]

11. OTHER IMPORTANT TERMS

11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

11.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11.5 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland

11.6 The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Download is prohibited to persons located in Cuba, Iran, North Korea, Sudan and Syria. Moreover, without limitation, you may not download or use the software or Services if you are a person identified on any U.S. government list of prohibited persons, including the Specially Designated Nationals and Consolidated Sanctions Lists at https://www.treasury.gov/resource-center/sanctions/Pages/default.aspx.

11.7 You represent and warrant that you are not in any prohibited destination or on any of those lists or under the control of or an agent for anyone on those lists or for the governments of those prohibited destinations.