Epowar Limited Terms and Conditions of Use 2023.
In force from 27 June 2023
Please carefully read our terms and conditions of use (these "Terms") which regulate your access to and use of our Service.
These Terms and any other terms and conditions incorporated in these terms make up the contract between you and us (the “Contract”).
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.
In these Terms our “Service” means that you are using or accessing:
our website; “www.epowar.com”; including any extensions and derivatives (“Website”);
our Epowar mobile phone application and/or our mobile phone applications for smart watches (collectively our “App”);
web-based or any other online or mobile services we provide;
any software associated with these;
any service that we provide together with any of these;
any content we provide together with any of these (“Content”).
2 Types of Use of our Service
Our Service is offered:
on a monthly paid-for subscription basis as a “Subscriber” and having a “Subscription” as the context demands;
for free or at a reduced cost as we may at any time and for as long as we may decide offer and grant to users as a "Trial” Subscription for use of either our full Service or of a reduced Service, or
for free as we may at any time and for as long as we may decide to offer and grant users a free Journey or free Journeys as part of a Trial (“Free Journeys”) or
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 subscriber” or “Companion” with a “Companion subscription”).
As a Subscriber you can invite any other Subscriber or Companion 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 (a “Friend”). Both parties must agree to become Friends by sending, receiving and accepting an Invitation.
An Invitation can be sent by any Subscriber and can be accepted by any Companion or Subscriber the invitation is sent to. A Subscriber can also send an Invitation to a person who is not yet a Companion nor a Subscriber. That Invitation will invite the invitee to become a Companion and to become the Friend of the Subscriber who sent the Invitation. If the Invitation is not accepted, the Subscriber and their invitee will not become Friends.
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 Subscriber and that you want them to agree to be your Companion.
The App and our Services will not be set to detect an Attack unless you are a Subscriber or have subscribed to a Trial where your trial includes the detection of an Attack.
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.
If you are a Subscriber you are also automatically a Friend if you accept an Invitation from another Subscriber.
To receive free Journeys as part of a Trial you may not be asked to provide any payment details. If so, you will receive the benefits of a Trial until you have complete the number of free Journeys offered to you or until the period in which you must use your free Journeys expires, after which clause 2.10 will apply.
If you have subscribed for a Trial subscription then, at the expiry of the Trial you will be offered the option to become a Subscriber or a Companion. If you do not elect and pay to become a Subscriber you will automatically become a Companion.
To subscribe for a Trial you may be required to provide your payment details, such as Apple Pay, or a bank card or bank account. If so, you will not be charged during the Trial. At the end of the Trial you will automatically be charged a Subscription Fee for your Subscription unless before the end of the Trial 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 means of 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 12 will apply.
Companion subscriptions do not allow you to use the App or Services to detect if you are under Attack.
3 Attack detection and Notification
The provision of our Service includes:
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”);
notification of an Attack to Friends of Subscribers.
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.
Our Attack detection Service will not detect an Attack unless you have activated the Attack detection Service.
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”). We regard each period between the Start and the Finish as a single journey (a “Journey”).
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
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.
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.
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.
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.
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
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.
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.
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:
activity that is not an Attack may be detected as an Attack (a “False Positive”);
data representing an Attack is received but our Services may not detect an Attack (a “False Negative”).
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.
Notifications may be delayed or prevented due to:
reduced or insufficient Wi-Fi, mobile or cellular network coverage;
failures of or related to your Devices;
deliberate or accidental damage to your Devices caused by you or others;
temporary or permanent failures of any part of our Service including of our App due to no fault of our own;
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.
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.
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”).
We will send you a copy of any Evidence we gather by email, via our App or in a way we believe is secure.
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.
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
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”).
From time to time we may use Hardware or Software belonging to other providers (“Provider(s)”).
Software or Hardware of other Providers may require your consent to additional terms and conditions of the Providers.
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
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:
temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements;
when we upgrade or update, halt or stop (for a time or altogether), modify, or test some our Service or parts of it;
where Providers remove their Hardware or Software (for a time or altogether) with or without notice.
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.
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.
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
It is your responsibility to ensure that, when you are using our App or Service, you have:
enough mobile, wifi, GPS or cellular coverage via your mobile phone, network, wifi and other providers for our App and Service to function;
enough battery power for your Devices to operate while you use our App or Services; and
a live and active connection between your Devices and our Services.
7 Creating an Epowar Account
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.
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.
Some information must be provided before we will allow you to create an Epowar Account, namely your full names, email and phone number.
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” 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.
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.
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.
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.
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
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").
Permission is granted provided at all times:
you comply with these Terms (including any other applicable terms and conditions;
you use the Service and Content only for lawful, personal, and non-commercial purposes;
the use and enjoyment of the App and Services by others is not infringed, restricted or inhibited by your use.
Permission is granted until you or we cancel your Contract and your use of our Service in terms of these Terms.
You may not under any circumstances redistribute, transfer or provide to any third party any part of our Service or our Content.
Our Service and Content is licensed to you for use only, and no rights are sold or transferred to you.
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.
When you use our Services and App, you will not under any circumstances:
disable, impair, damage, or overburden our Services or interfere with any other party’s use of them;
sell, sublicense or transfer our App our Services or any part of them to any third party;
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
reverse engineer, deactivate, interfere with, decompile, modify, adapt, overwrite, block, circumvent or hack our Services or App for any purpose at all;
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;
contaminate the App with any viruses, worms or other malicious software;
copy any ideas, features, functions or graphics of or related to the App;
register a telephone number for use in a Epowar account which is not your own mobile phone number;
register a email address for use in a Epowar account which is not your own email address;
engage in spamming or harassing communications.
9 Proprietary Rights
Our Service and Content are our property or the property of our Providers or licensors.
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.
You may not under any circumstances use any Epowar Branding neither for commercial or non commercial use.
You agree not to use our Service, the Content, or any part thereof except as expressly permitted by these Terms.
10 Billing for Subscribers
We may offer you, and you may buy, a Subscription from us or from a third party authorised by us.
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.
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.
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.
For Subscriptions via a third party you will to manage your Subscription and seek refunds from the third party.
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
Changes to our Subscription and any price changes, including to recurring subscription Fees, will be communicated to you in advance.
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 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
Our payment terms are subject to the payment terms you agree to from time to time on the Apple App Store and the Google Play Store. Each month your Subscription will automatically renew and you will pay your Fee until your Subscription is cancelled by you or us.
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
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.
To cancel send an email to our Client Support Team at firstname.lastname@example.org 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.
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
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.
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.
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 email@example.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.
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
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.
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").
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.
Is your sole responsibility and you warrant that, for any User Content originating from you that we may use:
you own and/or have the necessary rights to post that User Content; and
your and our use of User Content provided by you pursuant to the license granted in the preceding clause:
complies with these Terms, and all laws;
does not infringe the intellectual property rights or other rights of others,
does not imply that we endorse you or your User Content or are affiliated with you in any manner,
was intended to be shared and licensed by you.
We bear no responsibility for any User Content emanating from you or others.
We may monitor and remove any User Content for any reason at any time without notice.
15 Your Device
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, microphone, sensors (including GPS, heart rate, blood oxygen, accelerometer, gyroscope etc), memory, camera and such other functions as we require for the Service.
16 The Cost of our Service
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”).
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.
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.
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.
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
Until you or we cancel your subscription these Terms will continue to apply to our relationship.
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.
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
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.
Upon termination for whatever reason, you shall stop using the App and the Services immediately.
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.
Following termination of these Terms and Conditions, any limitations on Epowar’s liability and indemnification by you shall survive termination and continue to apply.
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
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.
Our Service is provided "as is" and "as available," without any express, implied or statutory warranties of any kind.
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.
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.
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.
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.
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.
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:
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);
any failures of our Services for any reason, including False Negatives and/or False Positives.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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:
your breach any of:
these Terms (or any terms and conditions incorporated in these Terms);
any laws that apply to your use of our Service;
the rights of any third party;
your User Content or other contributions.
22 Other Important Terms
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.
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.
There is no partnership, employment, agency or joint venture relationship
between you and us arising from these Terms or your use of our App.
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.
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.
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.
If there is any conflict between these Terms and any other terms contained in any other document, these Terms will prevail.
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.
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.
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.
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.
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.
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.
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.
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