Terms of Use

If you need to contact us about any of this, please email: legal@evrythng.com

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY EVRYTHNG LIMITED ("EVRYTHNG"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES AND PLATFORM SERVICES OWNED AND OPERATED BY EVRYTHNG , INCLUDING, WITHOUT LIMITATION, THE EVRYTHNG.COM WEBSITE AND DOMAIN NAME ("SITES"), THE EVRYTHNG PLATFORM, DASHBOARD AND APPLICATION DEVELOPMENT TOOLS ("PLATFORM TOOLS"), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE EVRYTHNG IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE"). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE OUR SITE.

THESE TERMS OF USE ARE NOT APPLICABLE TO CUSTOMERS OF EVRYTHNG WHO HAVE A VALID AND ACTIVE MASTER PLATFORM AGREEMENT IN PLACE WITH EVRYTHNG. FOR THE AVOIDANCE OF DOUBT IF A MASTER PLATFORM AGREEMENT HAS BEEN TERMINATED OR EXPIRED ANY USE OF THE SERVICE IS SUBJECT TO THESE TERMS OF USE.

Acceptance of Terms.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites by EVRYTHNG. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by EVRYTHNG from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. EVRYTHNG may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

We do not guarantee that our Sites, or any content on our Sites, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Modification of Terms of Use.

EVRYTHNG reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an email. EVRYTHNG may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy.

EVRYTHNG's current privacy statement is located at www.evrythng.com/privacy-policy/ ("Privacy Policy") and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact privacy@evrythng.com.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any data, data streams, images, advertisements, advice, suggestions, videos, audio clips, written forum comments, information, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by EVRYTHNG or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any material on or through the Service, that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ('spamming");
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of EVRYTHNG or any third party; or
impersonates any person or entity, including any employee or representative of EVRYTHNG.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by EVRYTHNG in its sole discretion) an unreasonable or disproportionately large load on EVRYTHNG's (or its third party providers") infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures EVRYTHNG may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or 'spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or 'spider" any page of the Sites or to conduct a denial of service attack on the Sites or the Service.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, or (ii) modify any part of the Service. You shall abide by all applicable local, state, national and international laws and regulations.

EVRYTHNG reserves the right to remove any Content from the Sites or the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if EVRYTHNG is concerned that you may have violated the Terms of Use), or for no reason at all.

EVRYTHNG is not responsible for viruses and you must not introduce them.

We do not guarantee that our Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Registration.

As a condition to using certain aspects of the Service (including but not limited to the Platform Tools), you will be required to register with EVRYTHNG and select a password and screen name ("Operator Login"). You shall provide EVRYTHNG with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your EVRYTHNG account. You shall not (i) select or use as an Operator Login a name of another person or entity with the intent to impersonate that person or entity; (ii) use as an Operator Login a name subject to any rights of a person or entity other than you without appropriate authorization; or (iii) use as an Operator Login a name that is otherwise offensive, vulgar or obscene. EVRYTHNG reserves the right to refuse registration of, or cancel an Operator Login at any time and in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your EVRYTHNG password. You shall never use another user's account. If you choose, or are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential and you must disclose it to any third party. You will immediately notify EVRYTHNG in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.

Non Commercial Use.

The Service and the Platform Tools are more completely described at https://evrythng.com/service-description, such description which may be revised by EVRYTHNG from time-to-time without notice. Your use of the Service is limited to demonstrative and non-commercial applications only. You acknowledge and understand that you are required to enter into a Master Platform Agreement with EVRYTHNG should you intend to use the Service for commercial gain or to charge third parties for any use of the Service. You shall not use the Service for more than 10,000 Thngs or Active Digital Identities (as defined by the Service documentation) and more than 1 Gigabyte of User Data (as defined below) You shall not transact with the Service or cause the Service to be transacted with at a rate greater than an average of 1 transaction per minute as measured over a period of one hour. You shall not resell the use of the Service to any third party. You may not charge any third party fees for the use of the Service. EVRYTHNG reserves the right to require payment of fees for your use of the Service should EVRYTHNG determine that you are making use of it outside the scope of service envisaged by these Terms of Use, such determination being at EVRYTHNG sole discretion EVRYTHNG reserves the right to suspend or terminate your use of the Service at any time.

Third Party Sites.

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under EVRYTHNG's control, and you acknowledge that EVRYTHNG is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement or approval by EVRYTHNG or any association with its operators; the links are provided for your information only. You further acknowledge and agree that EVRYTHNG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Rules about linking to our Sites.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Sites in any website that is not owned by you. Our Sites must not be framed on any other site

We reserve the right to withdraw linking permission without notice.

No High Risk or Emergency Services.

You expressly agree and understand that the Service is not intended to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency or time-critical service that could directly affect human life and safety ("High Risk & Emergency Services"). EVRYTHNG, its affiliates or staff are in no way liable for such communications. You recognize and agree that EVRYTHNG is not required to offer High Risk & Emergency Services or access thereto pursuant to any applicable local and or national rules, regulation or law.

EVRYTHNG and Site Content.

EVRYTHNG is the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You agree that the Service contains Content specifically provided by EVRYTHNG or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) except as expressly authorized by an applicable and separate agreement or with the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content except as expressly authorized in an applicable agreement or for personal, noncommercial use is expressly prohibited without prior written permission from EVRYTHNG, or from the copyright holder identified in such Content's copyright notice. You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.

User Data.

You may use the Sites or the Service to upload, submit, disclose, distribute or otherwise post data, data streams, content, videos, audio clips, images, written forum comments, text, photographs, software, scripts, graphics, works of authorship or other information to the Service ("User Data"). By posting User Data on or at any of the Sites or otherwise through the Service, you:

Hereby do and shall grant EVRYTHNG a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works, display, perform, and otherwise fully exploit the User Data in connection with the Sites, the Service and EVRYTHNG's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) or the Service in any media formats and through any applications or media channels (including, without limitation, third party websites and application programming interfaces). You also hereby do and shall grant each user of the Sites and/or the Service a non-exclusive license to access your User Data through the Sites and the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Data as permitted through the functionality of the Sites and the Service and under these Terms of Use. For clarity, the foregoing license grant to EVRYTHNG does not affect your other ownership or license rights in your User Data, including the right to grant additional licenses to the material in your User Data, unless otherwise agreed in writing;
Represent and warrant that you own or otherwise control all rights to such User Data and that disclosure and use of such User Data by EVRYTHNG (including without limitation, storing, sharing, publishing or applying content or data on or at the Sites or through the Service) will not infringe or violate the rights of any third party; and
Understand that EVRYTHNG shall have the right to reformat, excerpt, or translate any materials, content, data, scripts or information submitted by you; and that all information publicly posted or privately transmitted through the Sites or the Service is the sole responsibility of the person from which such content originated and that EVRYTHNG will not be liable for any errors or omissions in any content; and that EVRYTHNG cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

EVRYTHNG does not endorse and has no control over any User Data. EVRYTHNG cannot guarantee the authenticity of any data which users may provide about themselves or their product items. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

EVRYTHNG has no obligation to monitor the Site, the Service, Content, or User Data. EVRYTHNG may remove any User Data at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Data), or for no reason at all.

Under no circumstances will EVRYTHNG be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.

Termination.

EVRYTHNG may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Service. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable unless otherwise expressly set forth herein. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

EVRYTHNG has no special relationship with or fiduciary duty to you. You acknowledge that EVRYTHNG has no control over, and no duty to take any action regarding: which users gains access to the Sites and the Service; what Content you access via the Sites and the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release EVRYTHNG from all liability for you having acquired or not acquired Content through the Sites or the Service. The Sites or the Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. EVRYTHNG makes no representations concerning any content contained in or accessed through the Sites or the Service, and EVRYTHNG will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites or the Service.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EVRYTHNG, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. EVRYTHNG MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES OTHER THAN THOSE REQUIRED BY LAW.

Except as required under applicable privacy regulations, EVRYTHNG will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content or User Data stored on EVRYTHNG's equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service.

Indemnification.

You shall defend, indemnify, and hold harmless EVRYTHNG, its affiliates, its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys" fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, the Service, Content, the User Data or otherwise from your User Data, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. EVRYTHNG reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with EVRYTHNG in asserting any available defenses.

General Content Disclaimer.

The Content provided by or through the Service is for demonstration and marketing purposes only, and should not be relied upon. EVRYTHNG makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content. No Content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any Content.

By using the Service, you agree that EVRYTHNG shall not be responsible for (1) any Content, (2) any person's reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.

Limitation of Liability.

IN NO EVENT SHALL EVRYTHNG, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) ANY FEES PAID BY YOU TO COMPANY HEREUNDER AND (B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International Use.

EVRYTHNG makes no representation that the Content is appropriate or available for use in locations outside of the United States, Canada, the United Kingdom and the European Economic Area, and locations where accessing the Service or such Content may be illegal. If you access the Sites or the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Dispute Resolution.

These Terms of Use and any dispute or claim arising from, or related to, access to and/or use of the Sites, shall be governed and construed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any such dispute or claim, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

Integration and Severability.

Unless a valid Master Platform Agreement is in place between you and EVRYTHNG, the Terms of Use are the entire agreement between you and EVRYTHNG with respect to the Service and use of the Sites, and supercede all prior or contemporaneous communications, proposals (whether oral, written or electronic) or expired Master Platform Agreement between you and EVRYTHNG with respect to the Sites and the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous.

EVRYTHNG shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond EVRYTHNG's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with EVRYTHNG's prior written consent. EVRYTHNG may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys" fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

"EVRYTHNG" is a trademark or registered trademark of EVRYTHNG Limited. The names of actual companies and products mentioned at the Sites may be the trademarks of their respective owners.

It is EVRYTHNG's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.If you believe that Content residing on or accessible through the Sites or the Service infringes a copyright, please send a notice of copyright infringement containing the following information to legal@evrythng.com:

An electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that EVRYTHNG is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make a complaint on behalf of the copyright owner.

Please contact EVRYTHNG at the following address:

legal@evrythng.com