Terms of use
Epowar Limited Terms and Conditions of Use 2025.
In force from 3 February 2025
1. Introduction
1.1.
Please carefully read our terms and conditions of use (these "Terms") which regulate your access to and use of our Service.
1.2.
These Terms and any other terms and conditions incorporated in these Terms make up the contract between you and us (the “Contract”).
1.3.
In these Terms when we refer to “we” or “us” or “Epowar” we mean Epowar Limited. When we refer to “you” or “your” or other similar words we are referring to you as the other party to the Contract. You must be a natural person to contract with us.
1.4.
In these Terms our “Service” means that you are using or accessing:
1.4.1.
our website; “www.epowar.com”; including any extensions and derivatives (“Website”);
1.4.2.
our Epowar mobile phone application and/or our mobile phone applications for smart watches (collectively our “App”);
1.4.3.
web-based or any other online or mobile services we provide;
1.4.4.
any software associated with these;
1.4.5.
any service that we provide together with any of these;
1.4.6.
any content we provide together with any of these (“Content”).
2. Types of Use of our Service
2.1.
Our Service is offered:
2.1.1.
User on a monthly paid-for subscription basis as a “Premium Subscriber” and having a “Premium Subscription” as the context demands
2.1.2.
on no-charge basis where you are a “User” of our Services other than as a Premium Subscriber, where your use of our Services under your Contract is your “Subscription”;
2.1.3.
subject to your continued compliance with the Contract.
2.2.
Where these Terms refer to a User the Term(s) apply to both Users and Premium Subscribers. Where we refer only to Premium Subscribers the Term(s) apply only to Premium Subscribers.
2.3.
As a User you can invite any other User or Premium Subscriber to accept an invitation from you to become their friend on the App (an “Invitation” and includes “Invite” and similar words) which means they are connected to you via the App and use our Services together with you in certain ways as described in these terms (a “Friend”). Both parties must agree to become Friends by sending, or receiving and accepting an Invitation. If an Invitation is not accepted, the User and their invitee will not become Friends.
2.4.
A User can also send an Invitation via the App to a person who is not yet a User. That Invitation will invite the invitee to become a User and to become the Friend of the User who sent the Invitation. If an Invitation is not accepted, the User and their invitee will not become Friends.
2.5.
Before you send any Invitation you must ensure that you have the consent of the person receiving the Invitation to provide us with their name and mobile phone number or other contact details for delivering the Invitation. You warrant that you have their consent by requesting us to send an Invitation. The Invitation will explain that you are a User and that you want them to agree to be your Friend and that you are requesting them to become a User.
2.6.
If you are a User you become their Friend if you accept an Invitation from another User.
3. Attack Detection Services and Emergency Alerts
3.1.
The provision of our “Attack Detection Services” includes:
3.1.1.
automatically detecting an attack on your person where your physical and physiological responses to the attack are measured via sensors that may include a microphone, heart-rate monitor, accelerometer, gyroscope, GPS, blood oxygen, camera (collectively “Sensors”) on devices such as your smartwatch/wearable activity monitoring device (“Device”) and on your smartphone on which the App is loaded and the resulting data is identified as an attack by our Service (an “Attack”);
3.1.2.
you notifying us that you may be under Attack when you press the “SOS” button which is displayed for use in an Attack or other emergency in our App on your Device or on your smartphone (an “SOS”).
3.2.
You activate our Attack Detection Service by pressing “Start Journey” on the App (“the Start”) and connecting your device. The Attack Detection Service will continue until you press “End Journey” on the App to signal that you have completed the activity for which you wish our Attack Detection Service to detect an Attack or until we reasonably believe you have completed that activity (“the Finish”). We regard each period between the Start and the Finish as a single journey (a “Journey”).
3.3.
When you press “Start” at the Start of a Journey our App will offer you the choice of adding one or more of your Friends to track your journey (“Trackers”).
3.4.
Our Attack Detection Service will send a notification (each an “Emergency Alert”) to your Trackers:
3.4.1.
of an SOS at any time when you notify us of an SOS, and
3.4.2.
of an Attack when you are taking a Journey and we automatically detect an Attack;
3.5.
When you are using our Attack Detection Service we will send a notification at the Start of a Journey to your Trackers that you are at the Start of a Journey. Your Trackers will be given access to your live location from the Start to the Finish. Subject to availability on your and their Devices your Trackers may be able to contact you directly from the App between the Start and the Finish of a Journey.
3.6.
An Emergency Alert means that our Service believes you are under Attack/in an emergency situation. Our Service can automatically detect an Attack only if you activate our Attack Detection Service and only from the time you activate it until you deactivate our Attack Detection Service, or where we do so on your behalf. Our Attack Detection Service will not detect an Attack unless you have activated the Attack Detection Service and have connected a suitable Device via our App.
3.7.
At the Start of a Journey you will have the option to provide your destination for the end of your Journey (a “Destination”). Providing a Destination enhances your safety as our App may be able to detect if you have not reached your Destination. If you do not press “End Journey” on the App or Device to signal the Finish, and you have provided a Destination, we will Finish the Journey for you:
3.7.1.
when your Device or Sensors provide us with your location data which shows you have reached your Destination (within a reasonable degree of accuracy), or
3.7.2
if more than 2 hours have passed since our App last received any data from your Device or Sensors; or
3.7.3.
if your Journey is ongoing after 12 hours (you can Start a new Journey if you need to).
3.8.
If you do not provide a Destination and you do not press “END JOURNEY” when or where you should have notified us that you did Finish your Journey, our App will assume your Journey is continuing and we will Finish the Journey for you:
3.8.1.
if more than 2 hours have passed since our App last received any data from your Device or Sensors;
3.8.2.
if your Journey is ongoing after 12 hours (you can Start a new Journey if you need to).
3.9.
Our Attack Detection Service does not and cannot operate for long periods of time or permanently on your Devices. We operate a “fair use” policy and if you use our Services or the App for unfairly long periods between the Start and Finish we may suspend or even cancel your Subscription and/or Contract. Fair use may include your travel to and from a venue, but where you press Finish on arrival. Fair use may for example not include use that you Start when you leave home and Finish many hours later when you return home after a night out. For further details of our “fair use” policy, please contact us at: www.epowar.com/contact-us
3.10.
Our Services cannot prevent an Attack from happening or cause an Attack to cease. At most we may detect an Attack and provide certain responses.
3.11.
We do not advise using Epowar as your only method of dealing with an Attack on you or any of your Friends.
3.12.
We recommend using Epowar in addition to any other strategy that you may use to prevent, avoid, or resist an Attack, such as walking home with a friend, jogging in a group, or catching a taxi or driving if you feel that walking is unsafe.
3.13.
Our Services are intended to detect Attacks based on data received from your Devices. We have taken reasonable steps to limit the number of times:
3.13.1.
activity that is not an Attack may be detected as an Attack (a “False Positive”), for example if you are undertaking an activity that is not an attack but may look like one, such as playing a contact sport or nightclubbing;
3.13.2.
data representing an Attack is received but our Services may not detect an Attack (a “False Negative”).
3.14.
If you Start a Journey and you do not press “End Journey”, when your Journey is at the Finish, this may result in a False Positive, even if you have provided a Destination.
3.15.
By using our Services you understand and accept that there may be False Negatives and/or False Positives, and that our Service does not warrant that every Attack will be detected, nor that an Attack will be detected within any particular period of time.
3.16.
Notifications may be delayed or prevented due to:
3.16.1.
reduced or insufficient Wi-Fi, mobile or cellular network coverage;
3.16.2.
failures of or related to your Devices;
3.16.3.
deliberate or accidental damage to your Devices caused by you or others;
3.16.4.
temporary or permanent failures of any part of our Service including of our App due to no fault of our own;
3.16.5.
maintenance or repairs to our Service, Hardware or Software which may be scheduled or in an emergency may be unscheduled. We will always use our best reasonable efforts to ensure there are no delays or failures of our Service and will endeavour to advise you of any scheduled maintenance and repairs or other factors that may affect your use of our Service.
3.17.
The App and our Services will not be set to detect an Attack unless you are a User where your Subscription includes the Attack Detection Service. At present our Attack Detection Service is available to all Users in the UK and Ireland, but this may in future differ from country to country and for different types of Users.
3.18.
Not all Devices will enable or permit the use of our Attack Detection Services at all times. While we may include certain Devices that we have tested for use with our App we have not tested all Devices, and our Attack Detection Services may be affected by any updates to Devices we have tested. We do not warrant that all Devices will work at all times. You should test your Device and our Attack Detection Services periodically and at any time you are unsure whether your Device is able to detect an Attack.
4. Evidence
4.1.
In addition to notifying Trackers (as described in clause 3.4) our Service may incorporate additional or alternate responses to an Emergency Alert. At the date of these Terms the response will include capturing location, date and time data and data available via some of your Device’s functioning Sensors that may include a microphone, heart-rate monitor, accelerometer or gyroscope, GPS (collectively “Evidence”), provided those Sensors are functioning and interact with our Services.
4.2.
If we detect an Attack or you trigger an SOS we will use your Devices to gather Evidence which will be stored in our networked computing facilities providing remote data storage and processing services (“the Cloud”).
4.3.
At your request we will send you a copy of any Evidence we gather by email, via our App or in a way we believe is secure.
4.4.
If your Friends request a copy of your Evidence we will seek your express consent prior to releasing it to them, however you may provide them with copies of the Evidence we have sent to you.
4.5.
If you are unable to consent to, or fail to respond to a request for consent and a Friend can reasonably satisfy us that your failure, inability or refusal is due to factors beyond your control, and can further reasonably satisfy us that it is in your best interests to do so, then you consent to us in those circumstances releasing a copy of the Evidence to that Friend subject to such conditions as we reasonably deem appropriate.
4.6.
You consent to us releasing any Evidence to any authority to which we may be required to release any Evidence.
4.7.
You consent to us keeping anonymised copies of any Evidence so that we may resend to you at a later date.
5. Content or Services provided by others
5.1.
Part of our Service may involve the use of open-source software, software, applications or websites (“Software”), and of hardware including computers, laptops, servers, smart phones, watches, tablets, speakers, alarms, sirens and wearable technology (“Hardware”).
5.2.
From time to time we may use Hardware or Software belonging to other providers (“Provider(s)”).
5.3.
Software or Hardware of other Providers may require your consent to additional terms and conditions of the Providers. If you do not consent some or all of our Service may be unavailable to you.
5.4.
We do not guarantee that the Software or Hardware of other Providers that you or we use will be compatible with our Service.
6. Service limitations and modifications
6.1.
Our aim is at all times to keep our Service operational. However there may be reasonable changes or interruptions to our Service that may affect your use of our Service. These may include:
6.1.1.
temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements;
6.1.2.
when we upgrade or update, halt or stop (for a time or altogether), modify, or test some our Service or parts of it;
6.1.3.
where Providers remove their Hardware or Software (for a time or altogether) with or without notice.
6.2.
We cannot guarantee that our Service or every part of it will be available to you on every occasion that you wish to use it. If it is our fault that you are unable to use our Service for an unreasonably long time (at least seven days) you may cancel your Subscription or Premium Subscription by cancelling your Contract in terms of clause 12.
6.3.
You agree that we have no liability to you for any third party failures (including parties that provide goods or services to you) that affect our Service including: mobile and cellular phone connectivity failures, failures by your own service provider for your Devices, internet failures and any Force Majeure Events (as defined in clause 22.3 below). You are not entitled to a refund for any of these third party failures.
6.4.
Our App and Service requires your Device to have a stable connection to the internet that is strong enough for the App and our Service to function. A weak or intermittent signal may adversely affect our Service.
6.5.
It is your responsibility to ensure that, when you are using our App or Service, you have:
6.5.1
enough mobile, wifi, GPS or cellular coverage via your mobile phone, network, wifi and other providers for our App and Service to function;
6.5.2
enough battery power for your Devices to operate while you use our App or Services; and
6.5.3.
a live and active connection between your Devices and our Services.
6.5.4.
the latest version of our App.
7. Creating an Epowar Account
7.1.
To begin to use the Service you will need to create an account with us. When you register your Epowar Account you agree to provide us with registration details and grant us certain permissions to allow our Service to operate on your Devices (an “Epowar Account”).
7.2.
Some information must be provided before we will allow you to create an Epowar Account, namely your full names, confirmation that you are over 18, email and phone number.
7.3.
In order to verify your phone number to create your Epowar Account (or if you change your phone number) you agree to receive a One-Time Password (OTP) via SMS/text message. If your provider requires that you pay to receive SMS/text messages you will be charged at standard rates.
7.4.
Some information is optional but will allow us to offer a better Service such as your date of birth, gender, weight and height, medical conditions, the work you do, your level of fitness, and your sports, hobbies and even some of your social activities. This information will not affect the ability of our Service to detect an attack, but it may help us rule out a False Positive or a False Negative, if you are perhaps undertaking an activity that is not an attack but may look like one, such as playing a contact sport or nightclubbing.
7.5.
Keep your password confidential and only for your personal use. You are responsible for any use of your account, including unauthorised use.
7.6.
If your password is lost or stolen, or if you believe your Epowar Account has been accessed unlawfully, immediately notify our Client Support Team.
7.7.
If you forget your password, you agree to receive further OTP SMS messages to recover your Epowar Account.
7.8.
Your Epowar Account details must be true and complete at the time you create your Epowar Account and for so long as you use our Service. Whenever your details change you must update your Epowar Account details to ensure you comply with this Term.
7.9.
You must install and apply any updates to our App or Services on your Devices when we ask you to do so.
8. Using our Service
8.1.
You are granted permission to make personal, non-commercial use of our Service and Content. The permission is limited, non-exclusive, and revocable (collectively, "Permission").
8.2.
Permission is granted provided at all times:
8.2.1.
you comply with these Terms (including any other applicable terms and conditions;
8.2.2.
you use the App, Service and Content only for lawful, personal, and non-commercial purposes;
8.2.3.
the use and enjoyment of the App and Services by others is not infringed, restricted or inhibited by your use.
8.3.
Permission is granted until you or we cancel your Contract and your use of our Service in terms of these Terms.
8.4.
You may not under any circumstances redistribute, transfer or provide to any third party any part of our Service or our Content.
8.5.
Our Service is not available in all countries, or certain features and functions may not operate in certain countries. We may tailor our Services to your country and you warrant that the country you reside in is the country you provided when creating your Epowar Account. If you change countries, you agree to update your Epowar Account.
8.6.
Our Service and Content is licensed to you for use only, and no rights are licensed, sold or transferred to you.
8.7.
We, and our Providers, retain ownership of all copies of the Service applications, software and source code and Content, including in any copies installed on your Devices.
8.8.
When you use our Services and App, you will not under any circumstances:
8.8.1
disable, impair, damage, or overburden our Services or interfere with any other party’s use of them;
8.8.2.
sell, sublicense or transfer our App our Services or any part of them to any third party;
8.8.3.
access (or seek to access) our source code, network, operations, materials, information or functions except those we expressly place in the public domain or make available via our Services or the App;
8.8.4.
reverse engineer, deactivate, interfere with, decompile, modify, adapt, overwrite, block, circumvent or hack our Services or App for any purpose at all;
8.8.5.
except as permitted by applicable law, reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to the App;
8.8.6.
contaminate the App with any viruses, worms or other malicious software;
8.8.7.
copy any ideas, features, functions or graphics of or related to the App;
8.8.8.
remove the limitations put in place by a Device’s manufacturer (called “jailbreaking”) or commit any jailbreaking acts or attempts;
8.8.9.
gain “root access” to a Device (called “rooting”) or commit any rooting acts or attempts;
8.8.10.
register a telephone number for use in a Epowar Account which is not your own mobile phone number;
8.8.11.
register an email address for use in a Epowar Account which is not your own email address;
8.8.12.
engage in spamming or harassing communications;
8.8.13.
request evidence for Journeys you have been selected as a Tracker without a valid reason;
8.8.14.
use a Virtual Private Network or other solution that causes our Services or any part thereof to be available in locations or countries other than countries where you are permitted to use our Services.
9. Proprietary Rights
9.1.
Our Service and Content are our property or the property of our Providers or licensors.
9.2.
All our trademarks, domain names, service marks, logos, trade names, and any other features of our Epowar brand ("Epowar Branding") are the sole property of Epowar or our licensors.
9.3.
You may not under any circumstances use any Epowar Branding neither for commercial or non commercial use.
9.4.
You agree not to use our Service, the Content, or any part thereof except as expressly permitted by these Terms.
10. Billing for Premium Subscribers
10.1.
We may offer you, and you may buy, a Premium Subscription from us or from a third party authorised by us.
10.2.
You will pay monthly in advance and your Premium Subscription will begin when you start paying our then current Premium Subscription fee (“Fee”) as advertised on our Website.
10.3.
Your Fee will be exclusive of any taxes that you may need to pay based on your location which you must pay in addition to your Fee. Based on the information you provide and the applicable rate at the time of your monthly payment we will calculate and apply any tax. Taxes vary by location and over time and we endeavour to ensure we, and you, comply with any local taxes in your country, state, territory, county, or city/town.
10.4.
Premium Subscriptions bought from third parties may include, in addition to these Terms, their additional and separate terms and conditions about your use of the Service. If there is any conflict between their terms and conditions and these Terms, these terms shall prevail.
10.5.
For Premium Subscriptions via a third party you will manage your Premium Subscription and seek refunds from the third party.
10.6.
We, or parties authorised on our behalf, may offer you a Premium Subscription using a special offer code, pre-paid offer, gift card, or other promotional deal and any such offer will include additional and separate terms and conditions about your use of the Service. If there is any conflict between those terms and conditions and these Terms, these terms shall prevail.
11. Price changes and other changes
11.1.
Changes to our Terms, Contract, your Subscription and any price changes, including to recurring Premium Subscription Fees, will be communicated to you in advance via our App, our website, by email or other means of communication provided or permitted by you.
11.2.
Changes will be in force from the date stated in the notice or the start of the next Subscription period following the date of the notice of change. If you do not agree to a change, you can reject the change by terminating your Subscription and Contract prior to the change going into effect. If you use our Service after the change is in force means that you agree to the change. Once the change is in effect you may cancel but any changes that are then in force will apply to your Subscription and Contract from the date it came into force until your cancellation is effective.
12. Auto-Renewal, Renewal and Cancellation
12.1.
Our payment terms are subject to the payment terms you agree to from time to time on the Apple App Store or the Google Play Store.
12.2.
Premium Subscriptions will automatically renew each month and Premium Subscribers will pay the Fee until your Premium Subscription is cancelled by you or us.
12.3.
If you signed up on the Google Play Store or Apple App Store and you wish to cancel your subscription you must do so through that store. If you signed up via another means and you wish to cancel send an email to our Client Support Team at support@epowar.com with the Heading “Cancel” and include words like “I wish to cancel my Epowar Subscription” or any similar words that make it clear you wish to cancel, together with your name and address.
13. Age and eligibility
13.1.
Users Under 18
13.1.1.
Users younger than 18 require parental/guardian consent to use our Services.
13.1.2.
Our testing of the Service is done only with volunteers who are over the age of 18. We thus do not warrant that any use of our Service, including our Attack Detection Service, will be effective if the User is younger than 18.
13.1.3.
Friends can Track the location and activities of Users, which may be inappropriate and unsafe for persons under 18.
13.1.4.
Friends may receive notifications of an Attack, and it may be inappropriate or unsafe for a person under 18 to receive or respond or attempt to respond to an Attack notification of a Friend.
13.1.5.
Only Users over the age of 18 may become Friends.
13.1.6.
Users may not invite anyone who is under 18 to become their Friend. While our App and Service may not be able to determine whether this clause is being breached, we may terminate the Subscription and Contract of any party in breach of this clause if we become aware of the breach.
13.1.7.
You warrant, by agreeing to these Terms and using our Service, that either you are over 18 years old, or that you have parental/guardian consent to become a User, and that you and your parent/guardian has understood and agrees to the Terms and specifically including this clause 13.1 and consents to your use of the Service under the Terms of your Contract.
13.1.8.
We reserve the right in our exclusive discretion in respect of any User under 18 and regarding any use of our Services or App, but you agree that we are under no obligation to do so, to:
13.1.8.1.
notify any parent or guardian of the use of our Services;
13.1.8.2.
to notify any relevant authority of the use of our Services.
13.1.9.
You acknowledge and agree that any notification under clause 13.1.8 may require notification of the Friends and Trackers of the person under 18.
14. User Content
14.1.
Your feedback, suggestions or ideas about our Service or Content (“Feedback”) provided while you use our Service is not confidential nor owned by you and we may without restriction and without payment to you use your Feedback.
14.2.
You and any other users of our Service may, as part of the Service, be able to provide content that includes information, images, text and other content submitted, created, distributed, uploaded, or posted to our Website or elsewhere and may include Feedback ("User Content").
14.3.
Ownership of your User Content remains with you when you add it to our Service but subject to a licence you grant us. Your licence to us for your User Content permits us to use your User Content on our Service, Hardware and Software on the basis that the license is sub-licensable, royalty-free, non-exclusive, transferable, fully paid, worldwide and irrevocable and that we may reproduce, translate, make available, modify, perform and/or display, create derivative works from, distribute, and otherwise use your User Content alone or combined with other User Content or Content or materials, in all media, by any means and in any manner, by any method or technology (existing or future), in connection with our Service. To the extent permitted under applicable law, you also agree to waive, and not to enforce, as applicable any "moral rights" or equivalent rights, such as your right to object to derogatory treatment of your User Content or your right to be identified for any purpose including copyright as the author of any User Content.
14.4.
It is your sole responsibility and you warrant that, for any User Content originating from you that we may use:
14.4.1.
you own and/or have the necessary rights to post that User Content; and
14.4.2.
your and our use of User Content provided by you pursuant to the license granted in clause 14.3:
14.4.2.1.
complies with these Terms, and all laws;
14.4.2.2.
does not infringe the intellectual property rights or other rights of others;
14.4.2.3.
does not imply that we endorse you or your User Content or are affiliated with you in any manner;
14.4.2.4.
was intended to be shared and licensed by you.
14.5.
We bear no responsibility for any User Content emanating from you or others.
14.6.
We may monitor and remove any User Content for any reason at any time without notice.
15. Your Device
15.1.
For us to provide the Service you permit us to access each Device necessary for our App and Service to function including its processor, bandwidth, storage, contacts, phone, Sensors (memory, and such other functions as we require for the Service.
16. The Cost of our Service
16.1.
Offering our Services free to Users (other than Premium Subscribers) requires us to cover our costs by seeking revenue from third parties and not from Users. You agree that we may provide advertising and other information to you on your Devices, either ourselves or via our business partners. You agree that you may have to be shown advertising or other promotional messages as a condition of using the Services at any particular time or at all. We will try to keep this as non-invasive as reasonably necessary.
16.2.
If you pay for a Premium Subscription you are entitled to; and we may in future introduce a Subscription where other Users may be able to subscribe for an additional Fee to, receive our Service without the same advertisements that will be required for any other Users (“Ad Free”).
16.3.
Subscriptions that are Ad-Free means that we do not rely on advertising and other forms of revenue to provide our Service, but we still may provide limited advertising and other information to you on your Device, either ourselves or via our business partners, where the adverts or information apply to all Users of our Service.
16.4.
Unless you have a Premium Subscription or other Ad-Free Subscription, your Subscription may provide a limited version of our Service, either by restricting the number of times our Service may be accessed, or by restricting the level and type of services we offer within the Subscription.
16.5.
Whether you subscribe for a Subscription or a Premium Subscription you understand and agree that we may use any of your data on a strictly anonymised basis to increase our revenue. We will never sell or use for revenue any of your data from which you may be identifiable.
17. Service suspension or termination
17.1.
Until you or we cancel your Subscription these Terms will continue to apply to our relationship.
17.2.
We may cancel your Subscription and Contract or suspend our Service or your access to our Service or the App at any time if you breach any of these Terms, if we no longer offer the Service (or any significant part of it), or if we believe it necessary so that we comply with the law.
17.3.
If these Terms and any Subscription you have for the Services is suspended or terminated for any reason by you or us we will have no liability to you arising from the suspension or termination of the Services, Contract or these Terms.
18. Consequences of termination
18.1.
You acknowledge that in the event of termination of your Subscription or Contract, we have no duty to you or to any third parties on your behalf.
18.2.
Upon termination for whatever reason, you shall stop using the App and the Services immediately.
18.3.
You should be aware that if you request termination of your Subscription or Contract, it will result in deactivation of your use of the Services and App, but not necessarily deletion of your Epowar Account. We reserve the right to delete, or to not delete, your Epowar Account at our sole discretion.
18.4.
Following termination of your Subscription or Contract these Terms and Conditions, and including any limitations on Epowar’s liability to you and indemnification of Epowar by you shall survive termination and continue to apply.
18.5.
After termination of your Subscription and Contract there are certain sections of these Terms that, by their nature, will continue to apply to you and Epowar despite termination and their survival will be determined by the circumstances that may prevail at the time either you or we seek to enforce such a Term after termination.
19. Indemnities and disclaimers
19.1.
Some legal systems do not allow us to exclude certain liabilities such as for consumer protection law or where it may affect natural persons. The indemnities, limits on liability and exclusions in this section apply to the fullest extent possible but those that are not applicable for the reasons above will not apply.
19.2.
Our Service is provided "as is" and "as available," without any express, implied or statutory warranties of any kind.
19.3.
We do not warrant that our Service or Content or User Content will be free of viruses, malware or other content that may be harmful.
19.4.
We make no representation regarding, nor warrant nor accept any responsibility for, any User Content, any third-party applications including their content, any service or product advertised, offered or promoted by a Provider or other third party on or through our Service or any linked website.
19.5.
We are not liable nor responsible for any dealings between you and any such third-parties or Providers and you agree that your only recourse against any such third parties or Providers is directly to them and not to us.
19.6.
Your only remedy for any failures or dissatisfaction with our Service is to cancel any Subscription you may have with us, remove all instances of our Service from your Devices and stop your use of our Service.
19.7.
You indemnify us against any claim, obligation or liability arising from or related to third-party applications or any content they provide on or via our Service. You accept that your contracts with those third parties govern your relationship with them but in addition you agree that you will have no recourse against us for act or omission of the third parties.
19.8.
You agree that our officers, shareholders, employees, agents, directors, holding company(ies), subsidiaries, related companies, assignees, affiliates, successors, suppliers, or licensors have no liability to you for any indirect, special, incidental, punitive, exemplary, or consequential damages howsoever caused, including for any loss of use, data, business, or profits (whether indirect or direct), or otherwise or at all arising out of:
19.8.1.
your use of or inability to use our Service, Hardware or Software (whether ours or belonging to you or third parties and including your Devices);
19.8.2.
any failures of our Services for any reason, including False Negatives and/or False Positives.
19.9.
You agree that we have no liability as aforesaid even if we may have been warned of the possibility of that liability arising, and even if a remedy fails in its essential purpose, and regardless of applicable legal theory, jurisdiction or choice of law.
19.10.
Without limiting any of the aforesaid our total aggregate liability to you for any such claim(s) is limited to your subscription Fees in the last 36 months before the liability arose or, if greater, £30.
19.11.
Where a court of competent jurisdiction may find our limitation of liability by value to be unreasonable then, provided we have insurance against which you may make a claim and which claim will be paid if successful, then our liability is limited to the maximum you receive under any such policy, or £100,000.
19.12.
We have no limit on our liability for death or personal injury, for fraud, or fraudulent misrepresentation, save to the extent that applicable law would permit such a limitation.
19.13.
Any claim you have against us must commence by you filing a claim in a court of competent jurisdiction within 12 months of you becoming aware of the claim or the facts giving rise to the claim occurring, whichever is the later. You waive any claim not commenced within the 12 month period.
19.14.
We do not guarantee that you will be able to access the App with your Devices nor that use of the App or our Service will not cause any no damage to your Devices while installing and/or using the App or our Services and we are not responsible for any loss you may suffer as a result of this. Our Service and App may not function if other Apps or functions on your device are functioning at the same time.
19.15.
We disclaim any warranties and conditions with respect to the App, including all implied warranties or conditions of merchantability, fitness of purpose, title or non-infringement. We do not represent nor warrant that our Service or the App will prevent any loss, damage or injury to you or your property, will function at a desired time, nor will provide any personal protection in any circumstance.
19.16.
You acknowledge that your use of the App is at your sole risk, that the App is not designed or guaranteed to prevent any loss or injury and that you are solely responsible for taking appropriate safety precautions.
19.17.
You may make a claim only in your personal capacity and waive any right to claim as part of a group, representative or class action. Only with our express prior written consent may you request or seek that any judge consolidates your and other's claims or otherwise presides over any form of group, representative or class action. You agree to seek injunctive relief only for yourself and only to the extent necessary to provide relief appropriate to your own claim.
20. Third party rights
20.1.
These terms are between you and us, but you acknowledge that some of these terms are for the benefit or protection of third parties for example where you subscribe to us via your chosen third party. In those instances the third party may apply these terms directly between you and them as if they were a party to these terms with you.
20.2.
This section describes the situations where a third party may have rights under these Terms. Apart from this clause 20 these Terms do not confer any rights on any third parties.
20.3.
Third parties, such as where you download our App from the Apple App Store or Google Play, have no obligation to you regarding our Service, App, Content or these Terms and they owe you no obligation to maintain or support for any of these. If we breach these Terms or any warranty we give you then you may claim a refund of any subscription you paid from the Apple App Store or Google Play etc. but those third parties have no other obligation to you at all.
20.4.
Except where these Terms expressly state otherwise, no third person or party has any rights to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
21. Your liability
21.1.
You indemnify us in full against any claims, losses, damages and expenses (including for instance our legal expenses) that we may suffer as a result of, or which flow from:
21.1.1.
your breach any of:
21.1.1.1.
these Terms (or any terms and conditions incorporated in these Terms);
21.1.1.2.
any laws that apply to your use of our Service;
21.1.1.3.
any law;
21.1.1.4.
the rights of any third party.
21.1.2
your User Content or other contributions.
22. Other Important Terms
22.1.
We may assign our rights and/or obligations under these Terms to a third party provided your rights under these Terms are not unreasonably adversely affected.
22.2.
There is no partnership, employment, agency or joint venture relationship between you and us arising from these Terms or your use of our App.
22.3.
Any delay in performing, breach of, or failure to perform any obligations under these Terms caused by circumstances, events or causes beyond the reasonable control of you or us, including network, Wi-Fi, internet, cellular, GPS and other service downtime or failure, strikes, lock-outs or industrial disputes, nuclear accident, war or terrorist activity, insurrection, riot, civil commotion, malicious damage, compliance with any law, rule, regulation, government order or direction, accident or breakdown of Hardware, plant or equipment, fire, flood, storm, national pandemic, default of suppliers or acts of God (“Force Majeure Event”) will entitle either you or us to notify the other of the Event out of our Control and for so long as the Force Majeure Event persists but to a maximum of two calendar months from the end of the month in which the Force Majeure Event was notified (the Force Majeure Period”) your and our obligations under these Terms will be suspended. At the end of the Force Majeure Period either you or we may terminate the Contract on notice to the other if the Force Majeure Event persists in whole or in part.
22.4.
These Terms apply to the relationship between you and us to the exclusion of any other terms that are implied, imposed or incorporated by custom, trade, course of dealing or practice or that you may seek to incorporate, imply or impose.
22.5.
You agree that no representations, warranties or undertakings caused you to enter into the Contract and agree to these Terms save for the content of these Terms and the Contract. No representation, promise, condition, inducement or warranty, express or implied, that is not included in writing in these Terms and/or the Contract will be binding on Epowar.
22.6.
If there is any conflict between these Terms and any other terms contained in any other document or in any other way presented, these Terms will prevail.
22.7.
No failure or delay by Epowar to exercise, in part or in whole, any right or remedy under these Terms or at law constitutes a waiver of that or any other right or remedy and shall not prevent or restrict the future, further exercise of that or any other right or remedy.
22.8.
If any of these Terms including any warranty, disclaimers and liability limitations described above is invalid, illegal or unenforceable, we shall in good faith negotiate to change it so that it is legal, valid and enforceable, and, as far as possible, achieves the intended commercial result of the original. Failing agreement, if any provision of these Terms is or becomes invalid, illegal or unenforceable it will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original. If such modification is not possible, the provision shall be deemed deleted. Any deletion of or modification to any provision under this clause shall not affect the validity and enforceability of the remainder of these Terms.
22.9.
We may at any time appoint contractors or sub-contractors to execute all or any of our obligations under these Terms. You may not assign your rights nor obligations under these Terms.
22.10.
Clause headings are for convenience only and shall not be considered in the interpretation or application of these Terms. The word “including” implies non-exhaustive examples to include those listed but not to be limited to those.
22.11.
These Terms and the Contract will be governed by the laws of England and Wales without regard to conflict of laws provisions. The courts of England and Wales have exclusive jurisdiction for any matter arising out of or in connection with these Terms and the Contract. If you institute any proceedings against us in any other jurisdiction you agree to remove those proceedings at our request to the courts of England.
22.12.
These Terms and the Contract are written in English (UK). If there is any conflict between these Terms and any version adapted or translated into translation into any other language the English (UK) version shall prevail.
These Terms are in force from the Date stated at the top of the first page