1. Acceptance of these terms
1.1. In order to receive our sensor email alert service (the "Service") you must agree to these terms. You will be prompted to accept these terms when setting up your sensor device using our Wireless Alert app (the "App"). If you receive the Service without having accepted these terms within the App (e.g. because another person set up your sensor device) then you will be deemed to agree to these terms unless you cancel the Service by contacting us without undue delay.
1.2. If you are setting up the Service on behalf of your employer or another organisation then you warrant that you have obtained their agreement to these terms and that you are authorised to accept these terms on their behalf.
1.3. Use of our App is also subject to our End User Licence Agreement, a copy of which can be accessed at https://www.filesthrutheair.com/wireless-alert-eula. In the event of a dispute between our End User Licence Agreement and these terms, these terms shall apply.
2. Restrictions on use
2.1. Use of the Service is subject to our policy on fair use. We may restrict or terminate your use of the Service if we reasonably believe your usage is excessive, for example if your sensor device generates excessive email alerts.
2.2. The Service requires your sensor device to have constant internet connectivity in order to fully function. Due to the unreliable nature of Wi-Fi connections it is strongly advised that you do not rely solely on the Service for your monitoring requirements. For the avoidance of doubt, we are not liable for any failure of the Service which results from your WiFi connection or lack thereof.
2.3. If interruption of the Service or failure of the sensor device would result in material loss or harm then you must take specialist advice before using the Service and should install one or more backup systems, connected to separate servers, alongside the sensor device and Service. For the avoidance of any doubt, the Service is not intended for safety critical or life dependent applications and must not be used for medical or therapy purposes. We draw your attention to the limitation of liability in clause 4.
2.4. You must not use the Service for any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms.
3. Service standard
3.1. The Service is made available to you free of charge (although we reserve the right to start charging for the Service in the future by giving you reasonable prior notice).
3.2. We will provide the Service with reasonable care and skill. If you are a business user then any other warranties concerning the Service which might be implied by law are hereby excluded in full and we do not guarantee that the Service will always be available or uninterrupted.
3.3. We are not responsible for any interruptions to the Service which are outside of our reasonable control provided we take reasonable steps to limit the impact of the interruption to you.
4. Our responsibility for loss or damage suffered by you - PLEASE READ THIS SECTION CAREFULLY
4.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
4.2. Subject to clause 4.1:
(a) if you are using the Service in the course of business then:
(i) in no circumstances shall we be liable to you for any of the following kinds of loss: loss of revenue or profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss of or damage to goodwill; or indirect or consequential loss; and
(ii) without prejudice to the preceding clause 4.2(a)(i), our total aggregate liability to you in relation to our provision of the Service, in respect of all claims, losses or damages however arising, is limited to the price paid by you to us for the sensor device(s) you have purchased from us in the three (3) months preceding the date of the event giving rise to your claim (or the date by which you ought to have reasonably known that the event had occurred).
(b) If you are a consumer (i.e. not using the Service in the course of business) then:
(i) we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen; and
(ii) our total aggregate liability to you in relation to our provision of the Service, in respect of all claims, losses or damages however arising, is limited to five hundred pounds (£500).
5.1. We may terminate your right to use the Service for any reason by giving you reasonable prior notice.
5.2. We may terminate your right to use the Service immediately without notice if you breach these terms, or our EULA (a copy of which is available from https://www.filesthrutheair.com/wireless-alert-eula).
6. Changes to these terms
We reserve the right to change these terms at any time by notice to you, for example to reflect changes in law or to deal with additional features which we introduce. You will be deemed to have accepted the changes if you do not cancel the Service within fourteen (14) days of receiving the updated terms.
7. Intellectual property rights
All intellectual property rights in the Service throughout the world (including our trade marks) belong to us or our licensors. These terms do not grant you any intellectual property rights in, or to, the Service other than the right to use the Service in accordance with these terms.
8. Data Protection
8.2. For the avoidance of doubt, by receiving the Service you are not appointing us as your data processor.
9.1. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
9.2. If any provision or part-provision of these terms is deemed deleted under clause 9.1, you and we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
10. Entire agreement
10.1. If you are a business user then:
(a) these terms and our EULA and standard Terms of Sale, constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter and
(b) you acknowledge that by agreeing to these terms you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
In these terms:
(a) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(b) Any obligation for you not to do something includes an obligation not to allow that thing to be done.
12. Back-ups. You are exclusively responsible, and have sole liability, for regularly backing up content and data received using the Service.
13. Force majeure. If our provision of the Service is delayed by an event outside our control then we will endeavour to notify you of that fact and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
14. Variation. No variation of these terms shall be effective unless it is in writing and signed by us.
15. Assignment. We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree beforehand in writing (such agreement not to be unreasonably withheld).
16. No rights for third parties. These terms do not give rise to any rights to be enforced under the Contracts (Rights of Third Parties) Act 1999.
17. Waiver. Even if we delay in enforcing any of these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18. Governing law and jurisdiction. These terms are governed by English law. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
19. Contact. We are FilesThruTheAir registered as Corintech Limited (company number 01339950) of Ashford Mill, Station Road, Fordingbridge, SP6 1DZ. Email: firstname.lastname@example.org. Tel: +44 (0)1425 655655.