Ohme Mobile Application User Terms and Conditions.
Ohme Operations UK Limited – Mobile Application End User Terms and Conditions
Last Updated: 16/03/2020
PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY AS THEY APPLY TO YOUR USE OF THIS MOBILE APPLICATION.
BY CREATING AN ACCOUNT ON THE MOBILE APPLICATION YOU ARE CONFIRMING YOUR ACCEPTANCE TO THESE TERMS AND AGREE THAT THE TERMS WILL BIND YOU.
You should print a copy of these Terms for future reference.
Operating system requirements. The App requires a device running a minimum operating system of Android 6.0 for Android devices and iOS 11.0 for Apple devices.
When reviewing these Terms, please pay particular attention to the following:
• Restrictions on the use of the App;
• Changes to these Terms;
• Our responsibility to you; and
1. Who we are and what this agreement does
We Ohme Operations UK Limited of Berger House, 36-38 Berkeley Square, London W1J 5AE (“Ohme”, “we”, “us” or “our”) license you to use:
1.1. the Ohme mobile application software and integrations with devices such as the Ohme Alexa Skill, the data supplied with the software or device integrations including the Alexa Skill (“App”) and any updates or supplements to it; and
1.2. the service you connect to via the App and the content we provide to you through it (“Service”), as permitted in these Terms.
3. Related terms which apply to use of the App and Service
3.1. In addition to these Terms, the Website Terms and Conditions will apply to your use of the App and Service.
3.2. Depending on the version of the App you have downloaded, the ways in which you can use the App may also be subject to Apple’s, Google’s, Amazon’s or other providers’ rules and policies (“Appstore Rules and Polices“). If there is any conflict between these Terms and the Appstore Rules and Policies then these Terms will take priority.
4. Changes to these Terms
We may need to change these Terms from time to time. Any changes we make will be posted on this page. We may also notify you of any change by sending you a message with details of the change or notifying you of a change when you next start the App.
5. How we will communicate with you
If we have to contact you we will do so by email, using the contact details you have provided to us, or by in-App message.
6. How you may use the App
In return for your agreeing to comply with these Terms you may:
6.1. download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only; and
6.2. receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
7. Update to the App and changes to the Service
7.1. From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
7.2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
7.3. The App will work with the current or previous version of the operating system (as it may be updated from time to time), provided it meets the minimum operating system requirements set out in these Terms and allowing for delay for us to update the App to the current version of the operating system.
8. We are not responsible for third party content we use
8.1. The App or Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
8.2. The Service relies on independent third parties to provide data which is not controlled or verified by us, including information relating to tariff charges and the carbon intensity on the power grid. Such independent data providers are not under our control, and we are not responsible for and have not checked and approved their content or data.
8.3. The App or Service is integrated with other third party applications and services (“Third Party Applications”). These Third Party Applications may have their own terms and conditions and privacy policies. You are agreeing to be governed by these terms and conditions and privacy policies by downloading the App and creating an account. We are not responsible for the behaviour, features or content of any Third Party Applications and we do not warrant the continuing compatibility of Third Party Applications with the App. We will provide you with access to terms and conditions and Privacy Policies for Third Party Application where relevant.
9. Restrictions on use of the App
9.1. not copy the App 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;
9.2. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App 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;
9.3. 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;
9.4. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
9.5. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
9.6. 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
9.7. 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.
10. Intellectual property rights
All intellectual property rights in the App and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. Intellectual Property Rights includes all information, data, copyrighted material, trade marks, domain names and all other intellectual property rights, whether registered or unregistered. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.
11. Our responsibility to you
11.1. If defective digital content that we have supplied damages a device on which it is installed, we will either repair the damage or pay you compensation in respect of such device. However, we will not be liable for any other economic loss nor for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.2. 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.
11.3. We shall not be in breach of these Terms nor liable for any delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
11.4. We will provide the App using reasonable care and skill. We do not guarantee the accuracy or validity of any content on the App. We do not guarantee that the App or Service will always be available or be uninterrupted.
11.5. We may suspend, withdraw or restrict the availability of all or any part of the App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
11.6. The App and Service is directed only to users in the United Kingdom. We do not represent that content available on or through the App is appropriate for use or available in other locations.
12.1. We may suspend or terminate your account and right to use the App or Service if you breach these Terms or carry out illegal activities.
12.2. You may terminate your use of the App at any time by deleting it from your device.
12.3. On termination of these Terms for any reason, all rights granted to you under these Terms immediately cease and you must immediately stop using the App.
13. You may not transfer the App to someone else
We are giving you personally the right to use the App and the Service as set out in these Terms. You may not transfer the App or the Service to someone else for any reason. If you sell any device on which the App is installed, you must remove the App from it.
14. Support for the App and contacting us
14.1. If you want to learn more about the App or the Service or have any problems using them, please contact us using the App support and feedback section.
14.2. If you think the App or the Services are faulty or wish to contact us for any other reason please contact us using the App or email our customer service team at firstname.lastname@example.org.
15. No rights for third parties
These Terms are between you and us. Nobody else has any rights under these Terms to enforce any of its terms. Neither of us will require the agreement of any other person in order to end the contract or make any changes to these Terms.
16. Governing law and jurisdiction
These Terms are governed by English law. You and we agree to submit to the exclusive jurisdiction of the courts of England and Wales.