B2C EULA

THIS IS A LEGAL AGREEMENT. PLEASE READ THIS END USER LICENCE AGREEMENT (“EULA”) CAREFULLY TO MAKE SURE YOU UNDERSTAND IT BEFORE TICKING THE “TICK BOX” AND PROCEEDING.

We allow you to use the App and Documents (as defined below) on the basis of this EULA and any rules or policies applied by any appstore provider or operator from whose site (for example, the appstore operated by Apple, Inc) you downloaded the App (“Appstore” and “Appstore Rules” respectively). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

THIS EULA:

• TELLS YOU INFORMATION ABOUT US;
• TELLS YOU THE TERMS AND CONDITIONS RELATING TO YOUR USE OF THE FIREANGEL WI-SAFE MOBILE APPLICATION SOFTWARE (VERSION 1.6.2 FOR iOS AND 1.07 FOR ANDROID AND ANY UPDATES, FUTURE VERSIONS OR SUPPLEMENTS) AND ASSOCIATED SERVICES (“App”) AND ANY ELECTRONIC DOCUMENTS PROVIDED BY US WITH OR FORMING PART OF THE APP (“Documents”);
• TELLS YOU THE TERMS AND CONDITIONS RELATING TO THE FIREANGEL WI-SAFE CONNECT SERVICE, MADE AVAILABLE TO YOU AND ACCESSED VIA THE APP (“Service”) AND THE SOFTWARE THAT IS EMBEDDED IN THE FIREANGEL WI-SAFE GATEWAY PRODUCT (“Product Software” AND “Product” RESPECTIVELY);
• PLACES CERTAIN RESPONSIBILITIES ON YOU RELATING TO YOUR USE OF THE PRODUCT, THE PRODUCT SOFTWARE, THE SERVICE, THE APP AND THE DOCUMENTS. THEY ALSO EXCLUDE AND LIMIT OUR LIABILITY YOU IN THE EVENT OF LOSS OR DAMAGE (SEE CLAUSE 12).
• ***IF YOU INSTALL THE PRODUCT WHERE OTHER PEOPLE ARE PRESENT AND WILL USE/INTERACT WITH THE PRODUCT, OR IF YOU ASK US TO SEND PRODUCT NOTIFICATIONS TO THIRD PARTIES, YOUR PARTICULAR ATTENTION IS DRAWN TO YOUR RESPONSIBILITIES UNDER CLAUSE 7***

IMPORTANT NOTICE:

• By clicking on the “Accept” button when prompted to do so upon opening the App, you accept and agree to the terms and conditions set out in this EULA, which will be legally binding on you.
• If you do not agree to these terms, we will not be able to use the Service and we will not licence the App and/or the Documents to you and you must cease and desist from using the App and delete the App from the device to which it was downloaded.
• UNLESS YOU AGREE TO THESE TERMS YOU MAY NOT USE THE SERVICE, THE APP AND/OR THE DOCUMENTATION AND YOU MAY NOT USE THE PRODUCT AND YOU SHOULD CEASE AND DESIST FROM ALL USE OF THE PRODUCT AND UNINSTALL THE PRODUCT FROM YOUR PROPERTY. If you have recently purchased the Product, you may be able to return the Product to the retailer from whom you purchased the Product in exchange for a refund, subject to that retailer’s return policy and/or any of your statutory rights.

OPERATING SYSTEM REQUIREMENTS OF THE APP: THE APP REQUIRES AN IOS (v.11, v12, or v.13) OR ANDROID (v.8, v.9 OR v.10) DEVICE (“Device“) WITH A MINIMUM OF 1GB OF MEMORY, INTERNET ACCESS (“Operating System Requirements“)

INFORMATION ABOUT US:

In this EULA, “we” “us” and “our” means FireAngel Safety Technology Limited. We are a private limited company, registered under the laws of England and Wales, with company number 3641019. Our registered address is Bridge House, 4 Borough Street, London Bridge, London, SE1 9QR. Our trading address is Vanguard Centre, Sir William Lyons Road, Coventry, CV4 7EZ.

If you need to contact us about this EULA, the Product, the Product Software, the App, the Documents or the Service please do so using the following contact information:

• By phone: 0330 094 5830
• By email: connectedsupport@fireangeltech.com
• By post: Vanguard Centre, Sir William Lyons Road, Coventry, CV4 7EZ.

AGREED TERMS:-

1.               Linking the App with the Product

1.1.           In order to link the App with your Product, you will need to:

1.1.1.          download the App from the App Store;

1.1.2.          follow the in-App set-up procedure (which will include providing us with your first name, last name, address and a contact email address).

1.2.           It is your responsibility to:

1.2.1.          ensure that the Device meets the Operating System Requirements;

1.2.2.          obtain and maintain in good order your own network connections and telecommunications links from your Device, the Product and your IT systems to ours.

2.               Limitations of the Product, the App, the Product Software and the Service

2.1.           You recognise that the Product, the App, the Product Software, the Service and/or we will not (and we give no warranty, representation or assurance that we will):

2.1.1.          notify any emergency service if the alarm in the Product is triggered;

2.1.2.          notify you in the event that we receive data from the Product, that does or may indicate that the Product/Product Software is faulty or operating outside its normal parameters;

It is your responsibility to take any action you consider are necessary upon receipt of any of the notifications described in clauses 3.1.2.4 to 3.1.2.6 (inclusive).

2.2.           You recognise that when the Service monitors patterns of behaviour when the Product and Service are in use (i.e. the “Predict” Service) we give no warranty, representation or assurance that the Product, the Service, the Product Software or we will identify or notify you of all risks of fire, changes in risk of fire and/or higher risks of fire.

2.3.           You recognise that for as long as you fail to comply with clause 1.1, then we will be unable to, have no obligation to, and have no responsibility to you for failing to provide the Service and you accept that the Product will not work until you have complied with clause 1.1.

2.4.           Any delay or failure of the Product, the Product Software, the App and/or the Service arising from or relating to your network or telecommunications links or caused by the Internet shall not be our responsibility and we shall have no liability to you for the same.

3.               The App and the Service

3.1.           From the date of this EULA (i.e. the date on which you click the “accept” button, signifying your agreement to this EULA, when prompted to do so) unless and until the EULA is terminated by you or us as described in clauses 9 or 10 (“Term“), we:

3.1.1.          grant you a non-transferable, non-exclusive licence to use the App on a Device, subject to the terms of this EULA and the Appstore Rules. You may:

3.1.1.1.            download one copy of the App onto one Device, in order to view, use and display the App on the Device (and to access the Service) for your personal purposes only; and

3.1.1.2.            access and use the Documents for your personal purposes in connection with your use of the App only.

3.1.2.          will provide the Service. The Service will comprise:

3.1.2.1.            allowing the Product connect to our network and activating the Product and Product Software promptly (i.e. within not more than 24 hours after that connection has been established) when you have taken the steps described in clause 1.1;

3.1.2.2.            linking the Product with the App when you have taken the steps described in clause 1.1;

3.1.2.3.            (after the Product has been connected to the network and the Product and Product Software have been activated) receiving data from the Product via the Product Software and the App and storing and hosting that data on our servers;

3.1.2.4.            notifying you via the App if the Product has lost connection to our network;

3.1.2.5.            notifying you via the App if the Product has developed a fault;

3.1.2.6.            notifying you via the App about the dates and times at which the alarm in the Product has been triggered;

3.1.2.7.            allowing you to view the history of your Product network (for example, the dates and times at which notifications under clauses 3.1.2.4, 3.1.2.5 and/or 3.1.2.6 have been sent to you) via the App;

3.1.2.8.            allowing you to view the last time alarms connected to the Product were tested via the App;

3.1.2.9.            turn off or turn on Product notifications via the App; and

3.1.2.10.          making information available to you (via URLs displayed in the App), comprising Product information, Product datasheets, Product manuals, information on troubleshooting and frequently asked questions.

4.               Restrictions relating to your use of the Product Software

4.1.           You may use the Product Software only together with and for the purposes of using of the Product. Unless expressly stated elsewhere in this EULA, or the terms of any open source software licence (in respect of any open source software contained in the Product Software), or as permitted by any local applicable law, you will not (and you will not enable, instruct, encourage or otherwise allow other person to):

4.1.1.          use the Product Software (in whole or in part) on any device or computer other than the Product that you own or control;

4.1.2.          copy, adapt, reverse engineer, decompile, disassemble, modify, translate, duplicate, create derivative works from, frame, mirror, republish, transmit, distribute, merge or make error corrections to the Product Software (in whole or in part), except as permitted by statute or regulation for the purposes of interoperability;

4.1.3.          remove, amend or hide any proprietary or other notices of FireAngel Safety Technology Limited that are contained in the Product Software;

4.1.4.          rent, lease, dispose of, sub-licence or loan the Product Software (in whole or part); and/or

4.1.5.          provide, or otherwise make available, the Product Software in any form (in whole or in part) to any person,

together “Product Software Restrictions“.

5.               Restrictions relating to your use of the App

Except as expressly stated elsewhere in this EULA, or as permitted by any applicable local law, you will not:

5.1.1.          copy the App or Documents (in whole or in part), 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;

5.1.2.          rent, lease, dispose of, sub-licence or loan the App or Documents (in whole or in part);

5.1.3.          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;

5.1.4.          copy, adapt, reverse engineer, decompile, disassemble, translate, duplicate, create derivative works from, frame, mirror, republish, transmit, distribute, merge or make error corrections to the whole or any part of the App or attempt to do any such thing except 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;

5.1.5.          remove, amend or hide any proprietary or other notices of FireAngel Safety Technology Limited that are contained in the App or the Documents; and/or

5.1.6.          provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person,

together “Licence Restrictions“.

6.               Acceptable use restrictions

You must not:

6.1.1.          use the App, the Product or the 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, the Product Software, the Service or any operating system;

6.1.2.          infringe our intellectual property rights or those of any third party in relation to your use of the Product, the Product Software, the App, the Documents or the Service (to the extent that such use is not licensed by this EULA);

6.1.3.          transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Product, the Product Software, the App, the Documents, or the Service;

6.1.4.          use the Product, the Product Software, the App, the Documents or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

6.1.5.          collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service, unless you have to do so for the purposes of the normal use and function of the Product Software or the App,

together “Acceptable Use Restrictions“.

7.               Installing the Product in premises where other people will use/interact with the Product – YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE

7.1.           If you:

7.1.1.          install the Product in premises where other people will use/interact with the Product (for example, if you install the Product in a property which is leased to a third party). you must (promptly following their taking up residence at / occupation of the premises in question) provide all such persons with a copy of the Privacy Notice shown here, so that we may lawfully collect, hold, process the personal data of that person in the manner and for the purposes described in that Privacy Notice;

7.1.2.          provide us (e.g. via the App) with the email address of a third party, to whom you would like us to send notifications about the Product (i.e. of the type described in clauses 3.1.2.4, 3.1.2.5 and 3.1.2.6), you must (before you provide us with the email address of that third party) provide all such persons with a copy of the Privacy Notice shown here, so that we may lawfully collect, hold, process the personal data of that person in the manner and for the purposes described in that Privacy Notice,

7.2.           You will inform us immediately if any person living at the premises at which the Product has been installed or any person nominated by you pursuant to clause 7.1.2 objects to the collection and/or use of their personal data as described in our Privacy Notice and you shall follow any lawful instructions and/or directions we give to you in addressing that objection (including, without limitation, turning the Product off until further notice).

7.3.           You hereby indemnify us (which means you must reimburse us on a £ for £ basis) in respect of all damages, losses, penalties, fines, costs and/or expenses that we suffer or incur as a result of you failing to comply with your responsibilities under clauses 7.1 and/or 7.2.

8.               Product Software Updates

From time to time, we may develop patches, bug fixes, updates and other modifications to improve the performance of the Product Software (“Updates“). Updates may be remotely and automatically downloaded and installed onto the Product without providing any notice to you or obtaining any additional consent from you and you hereby consent to the automatic download and installation onto the Product of such Updates. If you do not consent to such Updates, you should cease and desist from using the Product Software (which will prevent you from being able to use the Product).

9.               Your rights to terminate this EULA

9.1.           You may terminate this EULA and the Service for any reason, at any time, and with immediate effect by:

9.1.1.          permanently disconnecting the Product from the Internet and uninstalling the Product; and

9.1.2.          permanently deleting the App from your Device.

10.             Our rights to terminate this EULA

10.1.        We may terminate this EULA and the Service at any time and with immediate effect by giving written notice to you (using the email address you gave to us during the in-App set-up process) if you:

10.1.1.       breach any of the Product Software Restrictions, Licence Restrictions or Acceptable Use Restrictions;

10.1.2.       use the Product, the Product Software, the App, the Documents and/or the Service in any manner which is not permitted by this EULA; or

10.1.3.       have not complied with the requirements of clause 7.

10.2.        We may terminate the EULA and the Service at any time by giving you 12 months’ prior written notice of the same. You recognise and agree that this is reasonable because the price of the Product is calculated on the basis that the Service will only be provided for a limited period of time.

11.             Consequences of termination

11.1.        On termination for any reason:

11.1.1.       all rights granted to you under this EULA shall come to an end;

11.1.2.       you shall end all activities authorised by this EULA;

11.1.3.       you shall immediately and permanently:

11.1.3.1.          delete the App from your Device; and

11.1.3.2.          disconnect and uninstall the Product from your property.

12.             Our responsibility for loss or damage suffered by you – YOUR ATTENTION IS DRAWN TO THIS CLAUSE

12.1.        If we fail to comply with this EULA, we are responsible for costs, loss or damage you suffer that is a natural, foreseeable consequence of our breach of this EULA or our failing to use reasonable case and skill, but we are not responsible for any costs, loss or damage that is not so foreseeable or preventable (for example, payments due from you to any third party under any contract or arrangement). Loss or damage is foreseeable if it was obvious that it will happen or if, at the time the EULA was entered into, both we and you knew it might happen, for example if we discussed it with you before you started using the Product, the Service or the App.

12.2.        You acknowledge and accept that you must take steps to mitigate any costs, losses and/or damages that you may suffer if we fail to comply with this EULA.

12.3.        As you are a consumer, you agree not to use the Product, the Product Software, the App, the Documents and/or the Service for any commercial, business or re-sale purposes, and in any event we will have no liability to you for any loss of profit or revenue, loss of enjoyment, loss of or damage to reputation or goodwill, loss of business, business interruption, or loss of business opportunity.

12.4.        We do not in any way exclude or limit our liability for:

12.4.1.       death or personal injury caused by our negligence or that of our employees, agents or subcontractors;

12.4.2.       fraud or fraudulent misrepresentation;

12.4.3.       any liability or responsibility that cannot be excluded or restricted under section 57 of the Consumer Rights Act 2015;

12.4.4.       defective products under the Consumer Protection Act 1987;

12.4.5.       any other liability for which it would be unlawful for us to attempt to limit or exclude our liability.

13.             Intellectual property rights

13.1.        You acknowledge that all intellectual property rights in the Product, the Product Software, the App, the Documents and/or the Service belong to us or our licensors, and you shall have no rights in or in respect of the Product, the Product Software, the App, the Documents and/or the Service, other than the right to use them in accordance with their normal use and the terms of this EULA.

14.             Events outside our control

14.1.        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 an Event Outside Our Control.

14.2.        An Event Outside Our Control includes any act, event, non-happening, omission or accident outside our reasonable control and includes in particular (without limitation) the following:

14.2.1.       strikes, lock-outs or other industrial action;

14.2.2.       civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

14.2.3.       fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or act of God;

14.2.4.       impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

14.2.5.       impossibility of the use of public or private telecommunications networks;

14.2.6.       the acts, decrees, legislation, regulations or restrictions of any government;

14.2.7.       denial of service attacks or other types of attacks that are directed toward the infrastructure that supports the Site;

14.2.8.       any type of outage or service degradation relating to the unavailability of a financial institution including, but not limited to, issuers and/or acquirers or any third party switch or processing system;

14.2.9.       any issues which are limited solely to you and which cannot be proven against any of our other customers; or

14.2.10.     any failure or service outage that falls outside of our control.

14.3.        Our performance under this EULA is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.

14.4.        If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will endeavour to contact you as soon as reasonably possible to notify you.

15.             Communications between us

15.1.        When we refer, in this EULA, to “in writing”, this will include email unless it is clear that email is not intended to be included in any particular scenario.

15.2.        Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication between you and us will be mainly electronic. We will contact you by email, to the email address you gave to us during the in-App set-up process and we may provide you with information about the Product, the Product Service, the App or the Service by posting notices our website at www.fireangel.co.uk. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15.3.        All notices given by you to us must be given in writing in the English language. You can send notices to us by email at connectedsupport@fireangeltech.com or by pre-paid post to FireAngel Safety Technology Limited Vanguard Centre, Sir William Lyons Road, Coventry, CV4 7EZ. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped with the correct postage paid and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

16.             Other important terms

16.1.        We may transfer this EULA to someone else. We may transfer our rights under this EULA to another organisation, but this will not affect your rights or obligations under these Conditions. You may only transfer your obligations under this EULA to another person, if we agree in writing.

16.2.        Nobody else has any rights under this EULA. This EULA is between you and us. No other person shall have any rights to enforce any terms of this EULA.

16.3.        If a court finds part of this EULA illegal, the rest will continue in force. Each of the clauses of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (and part clauses, where relevant) will remain in full force and effect.

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

16.5.        Which laws apply to this EULA and where you may bring legal proceedings. This EULA is governed by English law and you or we can bring legal proceedings in respect of this EULA, the Product, the Product Software, the App, the Documents and/or the Service in the English courts. If you live in Scotland you or we can bring legal proceedings in respect of this EULA, the Product, the Product Software, the App, the Documents and/or the Service in the English courts in either the Scottish or the English courts. If you live in Northern Ireland, you or we can bring legal proceedings in respect of this EULA, the Product, the Product Software, the App, the Documents and/or the Service in the English courts in either the Northern Irish or the English courts.

16.6.        Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint or we fail to resolve a dispute between us in relation to this EULA, the Product, the Product Software, the App, the Documents and/or the Service in the English courts you may want to contact The Retail Ombudsman, who is certified ADR provider with whom we are willing to work. Further information about The Retail Ombudsman is available on their website at http://www.theretailombudsman.org.uk. We are also required to provide you with a link to the European Commission’s Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr/.