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Terms of use

Epowar Limited Terms and Conditions of Use 2023.

In force from 15 December 2022

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 and conditions 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      
on a monthly paid-for subscription basis as a “Subscriber”
and having a “Subscription” as the context demands;

2.1.2      
or we may at any time and for as long as we may
decide offer and grant to you free use or reduced cost use of our full Service
or of a reduced Service (as a “Trial”), or

2.1.3      
free to subscribers who sign-up as a Companion and
who will have the use of only certain features and services of our Service and
the App (a “Companion” with a “Companion subscription”).  

2.2          
A Subscriber can invite any other Subscriber or
Companion to accept their invitation as a friend (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 (a
“Friend”).  Both parties must agree to
become Friends by receiving and accepting an Invitation.  

2.3          
An Invitation can be sent by any Subscriber and
can be accepted by any Companion or Subscriber the invitation is sent to.  If the Invitation is not accepted, they will
not become Friends.

2.4          
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.

2.5          
The Invitation will explain that you are a
Subscriber and that you want then to agree to be your Companion.

2.6          
The App and our Services will not be set to
detect an Attack unless you are a Subscriber. 

2.7          
By signing-up only for a Trial, you agree to any
additional terms and conditions that accompany any Trial subscription as are published
on our Website from time to time.

2.8          
If you are a Subscriber you are also
automatically a Companion if you accept an Invitation from another Subscriber. 

2.9          
If you have subscribed for a Trial subscription
then, for fourteen days excluding the day that you subscribed and including
fourteenth day thereafter at 00h00 GMT (the “Trial Period”) you will
have the same access to our Service and App on the same basis as a paid
Subscriber.  

2.10        
To subscribe for a Trail you will be asked to
provide your payment details, such as Apple Pay, or a bank card or bank
account. You will not be charged during the Trail Period.  At the end of the Trial Period you will
automatically be charged a Subscription Fee for your Subscription unless before
the end of the Trail Period you either cancel your Contract or request to be
downgraded to a Companion subscription. Before the end of your Trial you will be notified in the App and by
other contact that your Trial is expiring and that you must act either to
cancel your Contract or to become a Companion subscriber.  If you forget to act or miss the deadline you
may nevertheless Cancel your Subscription but clause  will apply.

2.11        
Companion subscriptions do not allow you to use
the App or Services to detect if you are under Attack.

3              Attack detection and Notification

3.1          
The
provision of our Service includes:

3.1.1       detecting
and responding to an attack on your person where your physical and
physiological responses to the attack are measured via sensors on your Devices (your
Smartwatch / Wearable Activity Tracker and Smartphone) and identified as an
attack by our Service (an “Attack”);

3.1.2       notification of an Attack to Friends
of Subscribers. 

3.2          
Our Service can detect an Attack only from the
time you activate our Attack detection Service until you deactivate our Attack
detection Service or we do so on your behalf. 

3.3          
Our Attack detection Service will not detect an
Attack unless you have activated the Attack detection Service.   

3.4          
You activate our Attack detection Services by
pressing “START” on the App (“the Start”) and they will continue until
you press “FINISH” 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 finished completed that activity (“the Finish”).  

3.5          
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 Contract.  Fair use may include your travel to and from
a venue, but where you press Finish on arrival. Fair use may not include use where you Start when you leave home and
only 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

3.6          
At the Start we will send a notification to your
Friends that you are at the Start of an activity where you are using our Attack
detection Service.  Your Friends will be
given access to your live location from the Start to the Finish.  Subject to availability on your and their
Devices your Friends may be able to call you directly from the App between the
Start and the Finish.

3.7          
At the Start you will have the option to provide
your destination for the end of your activity (the “Destination”).  If you do not press “End journey” to signal
the Finish, and you have provided a Destination, we will send you an alert when
we believe you have reached the Destination. If you do not respond to two
alerts we will send a notification to your Friends that we believe you have reached
your Destination and/or that we believe you have reached the Finish.  If you finish an activity for which you have
not provided a Destination, and you do not press “End journey”, this may result
in a False Positive.

3.8          
Our Services rely on artificial intelligence to
provide constant data analysis from the Start until the Finish.  This is an expensive process and if you do
not press “Finish” within a reasonable time we may give you a warning that you
must not again fail to press “FINISH”. If you receive 3 warnings in any 12 month period we reserve the right to
cancel your Contract.  

3.9          
Our Services cannot prevent an attack from
happening or cause an Attack to cease. All we can do is detect an Attack and provide certain responses.

3.10        
We do not advise using Epowar as an alternative
to other methods of preventing the likelihood of 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

3.11        
We recommend using Epowar in addition to any
other strategy that you may use to prevent or resist an Attack.  We do not recommend that you rely solely on
our Services to prevent or resist an Attack on you or any of your Friends. 

3.12        
If you are a Subscriber and you are under Attack
we will as soon as reasonably possible notify your Friends that we have
detected that we believe you are under Attack.  

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”);

3.13.2   
data representing an Attack is received but our
Services may not detect an Attack (a “False Negative”).  

3.14        
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.

3.15        
Notifications may be delayed or prevented due to:

3.15.1   
reduced or insufficient Wi-Fi, mobile or
cellular network coverage;

3.15.2   
failures of or related to your Devices;

3.15.3   
deliberate or accidental damage to your Devices
caused by you or others;

3.15.4   
temporary or permanent failures of any part of
our Service including of our App due to no fault of our own;

3.15.5   
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 efforts to ensure there are no delays or failures of
our Service and will advise you of any scheduled maintenance and repairs that
may affect your use of our Service.

4              Evidence

4.1          
In addition to notifying Friends (as described
in clause 3.12)
our Service may incorporate additional or alternate responses to an Attack on
you.  At the date of these Terms the
response will include capturing location, date and time data and data available
via any functioning microphone, heart-rate monitor, accelerometer and gyroscope
of your Devices (collectively “Evidence”), provided those sensors
interact with our Services.  

4.2          
If we detect an Attack 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          
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, fail to or refuse 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 subject to such conditions as we
reasonably deem appropriate. 

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. 

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 Companion 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 22.4
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.

7              Creating an Epowar Account

7.1          
To begin to use the Service you will need to
create an account with us.  We offer two
types of accounts, a Subscriber which has full use of all our Services, or a
Companion which allows only certain feature to operate.

7.2          
When you register your 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”). Your
Epowar Account will remain in place whether you decide to be a Subscriber or a
Companion.

7.3          
Some information must be provided before we will
allow you to create an Epowar Account, namely your full names, date of birth,
gender, location and Device.  

7.4          
Some information is optional but will allow us
to offer a better Service such as your 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 know whether you are being attacked or 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 username and password confidential and
only for your personal use. You are responsible for any use of your username
and password, including unauthorised use. 

7.6          
If your username or password is lost or stolen,
or if you believe your Epowar Account has been accessed unlawfully, immediately
notify our Client Support Team.

7.7          
We may require to you change or give-up your
username at any time for any reason, and you agree that you have no proprietary
rights in your username.

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 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 and Content is licensed to you for
use only, and no rights are sold or transferred to you.

8.6          
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.

8.7          
When you use our Services and App, you will not
under any circumstances:

8.7.1      
disable, impair, damage, or overburden our Services
or interfere with any other party’s use of them;

8.7.2      
sell, sublicense or transfer our App our
Services or any part of them to any third party;

8.7.3      
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;

8.7.4      
reverse engineer, deactivate, interfere with, decompile,
modify, adapt, overwrite, block, circumvent or hack our Services or App for any
purpose at all;

8.7.5      
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;

8.7.6      
contaminate the App with any viruses, worms or
other malicious software;

8.7.7      
copy any ideas, features, functions or graphics
of or related to the App;

8.7.8      
register a telephone number for use in a Epowar
account which is not your own mobile phone number;

8.7.9      
engage in spamming or harassing communications.

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 Subscribers

10.1        
We may offer
you, and you may buy, a Subscription from us or from a third party authorised
by us.

10.2        
You will pay monthly in advance and your Subscription
will begin when you start paying our then current 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        
Subscription 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 Subscriptions via a third party you will to
manage your Subscription and seek refunds from the third party.

10.6        
We, or parties authorised on our behalf, may
offer you a Subscription using a special offer code, pre-paid offer, gift card,
or other offer 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 and other changes

11.1        
Changes to our Subscription and any price
changes, including to recurring subscription Fees, will be communicated to you
in advance. 

11.2        
Changes will be in force from 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 unsubscribing from the
applicable Subscription prior to the change going into effect.  If you use our Service after the change is in
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
from the date it came into force until your cancellation is effective.

12            Renewal and Cancellation of Subscription

12.1        
Each month your Subscription will automatically
renew and you will pay your Fee until it is cancelled by you or us.

12.2        
You can cancel your Subscription at any time and
the cancellation will be effective from the end of the month in which you
cancel, but there will be no refunds for any remaining days in the month of
cancellation. 

12.3        
You can request that we cancel your Subscription
with immediate effect at any time and after we receive and process your request
to cancel we will immediately terminate your use of our Service, but there will
be no refunds for any remaining days in the month of cancellation.  For immediate cancellation you must contact
our Client Support Team, who may require you to provide reasons for immediate
cancellation.  We may in our exclusive discretion
refuse immediate cancellation.

12.4        
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.

12.5        
After you cancel your Subscription you will
automatically be placed on any then applicable Companion subscription provided
it is at no cost to you.  If there is no
such Companion subscription available your use of the Services will terminate
in their entirety. 

            

13            Age and eligibility

13.1        
Under 16 - Our testing of the Service was
done only with volunteers who were over the age of 16.  We thus do not warrant that any use of our
Service as a Subscriber will be effective if the Subscriber is younger that
16.   You warrant, by agreeing to these Terms and
using our Service, that either you are over 16 years old, or that you have
parental/guardian consent to become a Subscriber, and that you and your parent/guardian
has understood and agrees to this clause 13.1.

13.2        
Under 18 Subscribers - Subscribers older
than 16 but younger than 18 require parental/guardian consent to use our
Services.  If you are under 18 you
warrant that you have parental/guardian consent to use and subscribe for our
Services, whether as a Subscriber or a Companion. 

13.3        
Under 18 Companions - We do not recommend
that persons under 18 are Companions, and only by persons over the age of 18
can subscribe for any part of our Service that relates to Companions.  You warrant that, by subscribing for our
Companion subscription, you are over the age of 18.  If you are younger than 18 and want to be a
Companion you must email us on support@epowar.com
and explain why you want us to make an exception.  If we agree we may require you to sign-up to
additional terms and conditions, and we may require your parent/guardian to
consent.

13.4        
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.

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        
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 the preceding clause:

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 and modify as necessary each Device necessary for our App and Service to
function  including its processor,
bandwidth, storage, contacts, phone, microphone, sensors (including GPS,
heartrate, blood oxygen, accelerometer, gyroscope etc), memory, camera and such
other functions as we require for the Service.

16            The Cost of our Service

16.1        
If you pay for a Subscription you are entitled
to receive our Service without the same advertisements that will be required
for a Companion (“Ad Free”).

16.2        
Subscription that are Ad-Free means that we do
not rely on advertising and other forms of revenue to provide our Service, but
you agree that 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.  

16.3        
Companions 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
Service.  

16.4        
Companion subscriptions require us to cover our
costs by seeking revenue from third parties and not from paying Subscribers.  Companion subscribers agree that we may
provide advertising and other information to you on your Device, 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.

16.5        
Whether you subscribe for a Subscription or Companion
subscription you understand and agree that we may use any of your data on a
strictly anonymised basis to increase our revenue. 

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 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 the App and/or your account, we have no duty to you or to any third parties.

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 the App, it will result in deactivation, but not necessarily
deletion of your Account.  We reserve the
right to delete, or to not delete, your Account at our sole discretion.

18.4        
Following termination of these Terms and
Conditions, any limitations on Epowar’s liability and indemnification by you
shall survive termination and continue to apply.

18.5        
After cancellation of your subscription and
these Terms as they apply to you there are certain sections of these Terms
that, by their nature, will continue to apply 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 month 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.

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.  

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        
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.  

22.2        
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.  

22.3        
There is no partnership, employment, agency or joint venture relationship
between you and us arising from these Terms or your use of our App.

22.4        
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.

22.5        
These Terms apply to the relation 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.

22.6        
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. 

22.7        
If there is any conflict between these Terms and any other terms
contained in any other document, these Terms will prevail.

22.8        
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. 

22.9        
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. 

22.10     
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.

22.11     
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.

22.12     
We may change the contents of the App and these Terms at any
time by providing you notice vie the App, our website, by email or other means
of communication provided or permitted by you. The changes will be effective from the date stated in the notice.  You may either accept any changes we make or
notify us that you wish to cancel your Contract, and no other remedy is
available to you.  If you use the App or
our Service after receipt of the notice you agree that by doing so you have
agreed to the changes.

22.13     
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.

22.14     
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 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.    

22.15      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