The Licence Terms set out below detail what you can and cannot do to the EVCurious application. For example, by accepting the Licence Terms, you may download and use the EVCurious application in accordance with the Licence Terms. However, you may not reverse engineer, disassemble, study, decompile the EVCurious application, or; transfer, copy or redistribute our product to anyone else unless through sanctioned and authorised channels organised by EVSERIOUS Ltd. You will need to read the Licence Terms below for more detail about what you can or cannot do in relation to the EVCurious application.
The Licence Terms also set out below the extent of our liability to you for any damage or loss caused by our breach of the Licence Terms. Please pay particular attention to clause 16 of the Licence Terms.
PLEASE READ THE BELOW LICENCE TERMS CAREFULLY.
BY INSTALLING THE APP YOU AGREE TO THE TERMS DETAILED BELOW, WHICH SHALL BE BINDING, ON YOU.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE UNINSTALL THE APP.
1. Who we are 1.1 We are EVSERIOUS LTD, a limited company registered in England with registered address at F4/S Geovation, 65 Goswell Road, London, EC1V 7EN, UK and registered number 13843491 (referred to as "we", “us” and “EVSERIOUS”). 1.2 We provide and operate EVCurious. The EVCurious application is a travel survey mobile application that studies the speed, location and pattern of movement of a user to automatically detect the user's route in the most efficient manner, and allows the user to answer questionnaires relevant to their travel. For the purposes of these terms of service, the EVCurious mobile application software, any data supplied with the software, any data generated by the use of the software and any updates or supplements to it shall be referred to herein as the “App”. 1.3 EVSERIOUS reserves the right to change, suspend, remove or disable access to the App and the Service at any time without notice. In no event shall EVSERIOUS be liable for any loss, damage or inconvenience suffered by reason of it removing or disabling, or imposing limits on, access to or use of the App or the Service.
2. Eligibility You must be at least sixteen years of age to use the App. By agreeing to these Terms, you represent and warrant to us that you are at least sixteen years of age.
4. Changes to the Terms 4.1 EVSERIOUS may from time to time change the Terms to reflect changes in law, or best practice, to introduce additional features or for other reasons. 4.2 If you have provided EVSERIOUS with your email address within the app, we will give you at least 7 days notice of any change by sending you an email with details of the change. If you have not provided your email address within the app, the revised Terms will become effective upon posting to this page. Any use of the App after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the App. 4.3 In order to continue using the App and the Service, you must accept the notified changes. By accepting the notified changes to the Terms, you agree to be bound by such changes.
5. Terms that also apply 5.1 If you use the App and the Service in conjunction with any other EVSERIOUS products, the EVSERIOUS website or any other EVSERIOUS application, (collectively, referred to as the "EVSERIOUS Services"), your agreement with EVSERIOUS will also include the terms applicable to those EVSERIOUS Services. All of these are referred to as the "Additional Terms." If Additional Terms apply, they will be accessible to you either within or through your use of the applicable EVSERIOUS Services. If there is any contradiction between the Additional Terms and the Terms, then the Terms will take precedence only as they relate to the App and the Service, and not to any other EVSERIOUS Services. 5.2 The appstore from which you download the App may also require you to agree to their own terms when you download the App. The appstore’s rules and policies will apply in priority to these Terms where there are conflicts between the two.
6. Operating system requirements To run, the App requires a Device with a minimum of 1Gb RAM memory and the Android operating system v4.1 or higher. New versions of the App may require updated operating systems and additional memory. EVSERIOUS has no obligation to maintain support for out of date operating systems.
7. Support for the App and how to tell us about problems 7.1 If you want to learn more about the App or the Service or have any problems using them, please take a look at our support resources including the FAQs sections at evcurious.app. 7.2 If you think the App or the Service are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at info@EVSERIOUS.app. 7.3 If we have to contact you we will do so by email or by SMS using the contact details you have provided to us, or through the App.
8. Update to the App and changes to the Service 8.1 From time to time EVSERIOUS may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. You will be prompted to download the updated App where a new version is released. 8.2 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 Service.
10. Third party websites 10.1 The App or the Service may contain links to other independent websites which are not provided by EVSERIOUS. Such independent sites are not under the control of EVSERIOUS, and EVSERIOUS is not responsible for, and has not checked and approved their content or their privacy policies (if any). 10.2 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.
11. License restrictions You agree that you will: (a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service, or any source code or information derived therefrom in any form, in whole or in part to any person without prior written consent from EVSERIOUS; (b) not copy the App, or the Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; (c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Service nor permit the App or the Service 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 Service on Devices as permitted in the Terms; (d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service 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 (the “Permitted Objective”), and provided that the information obtained by you during such activities: (i) is not disclosed or communicated without the EVSERIOUS’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 (ii) is not used to create any software that is substantially similar in its expression to the App; (iii) is kept secure; and (iv) is used only for the Permitted Objective; (e) 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.
12. Your use of the App 12.1 You must: (a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the 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; (b) not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer, Device or database connected to the App; (c) not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. (d) not infringe the intellectual property rights of EVSERIOUS 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 the Terms); (e) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; (f) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise the systems or security of EVSERIOUS or interfere with other users; and (g) not collect or harvest any information or data from any Service or the systems of EVSERIOUS or attempt to decipher any transmissions to or from the servers running any Service. 12.2 We will report any such breaches of this clause 12 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
13. Intellectual property rights 13.1 All intellectual property rights in the App and the Service throughout the world belong to EVSERIOUS and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Service other than the right to use them in accordance with the Terms. For the avoidance of doubt, EVSERIOUS remains the owner of the App and the Service at all times.
14. Disclaimers 14.1 If you choose to use the App and Service, you do so at your sole risk. The App and Service are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, EVSERIOUS explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. EVSERIOUS makes no warranty that the App and Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. EVSERIOUS makes no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained via the App or the Service. 14.2 The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service meets your requirements. 14.3 No advice or information, whether oral or written, obtained from EVSERIOUS or through the App or the Service will create any warranty not expressly made herein. 14.4 EVSERIOUS explicitly disclaims all liability for any act or omission of any third party in relation to EVSERIOUS’s provision of the App and the Service to you.
15. Viruses We do not guarantee that the App will be secure or free from bugs or viruses.
16. Our responsibility for loss or damage suffered by you 16.1 EVSERIOUS is responsible to you only for foreseeable loss and damage caused by EVSERIOUS if we fail to comply with the Terms. 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 the Terms, both EVSERIOUS and you knew it might happen. 16.2 Our aggregate liability to you relating to, arising out of, or in any way connected to the Terms, the App or the Service will not exceed the greater of: 10 Pounds Sterling (£10.00), or the total amount you have paid to us in the preceding twelve months. This limitation of liability will apply to the maximum extent permitted by applicable law. 16.3 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 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. 16.4 We are not responsible for events outside our control. If our provision of the App or the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for the App and Service you have paid for but not received. 16.5 EVSERIOUS will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way connected with EVSERIOUS, the Terms, the App or the Service. 16.6 The laws of some jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. 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. 16.7 Notwithstanding anything to the contrary in the Terms, in such cases, the liability of EVSERIOUS will be limited to the fullest extent permitted by applicable law.
17. Indemnification You agree to defend, indemnify, and hold harmless EVSERIOUS, its directors, employees and shareholders from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of the App and the Service, including information provided in connection therewith; (b) your breach or alleged breach of the Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any claim.
18. Assignment 18.1 EVSERIOUS may transfer its rights and obligations under the 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. 18.2 You may only transfer your rights or your obligations under the Terms to another person if we agree in writing.
19. Termination 19.1 We may end your rights to use the App and Service at any time by contacting you if you have broken the Terms in a serious way. If what you have done can be put right we may elect in our sole and absolute discretion give you a reasonable opportunity to do so. 19.2 If we end your rights to use the App and Service: (a) you must stop all activities authorised by the Terms, including your use of the App and any Service; (b) 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; and (c) we may remotely access your Devices and remove the App from them and cease providing you with access to the Service.
20. Disputes 20.1 You agree that the Terms and any claim, dispute or controversy arising out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims), the App or the Service, or any related transaction between you and EVSERIOUS shall be governed by and construed in accordance with English law. 20.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
21. General 21.1 The Terms are agreed between you and us. No person shall have any rights under or connection with the Terms under the Contracts (Rights of Third Parties) Act 1999. 21.2 If any court or competent authority decides that any term of the Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law. 21.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. 21.4 Our failure to enforce any provision of the Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision. 21.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under the Terms without our prior express written consent. EVSERIOUS may assign, transfer, charge, sub-contract or deal in any other manner with all or any its rights under the Terms. 21.6 The Terms set forth the entire understanding and agreement between you and EVSERIOUS with respect to the subject matter hereof. 21.7 The Terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England and Wales.