PLEASE READ THESE TERMS OF SERVICE CAREFULLY
BY USING THE SOFTWARE, THE DOCUMENTATION OR THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SOFTWARE, THE DOCUMENTATION OR THE SERVICES.
Who we are and what these terms do
We, Tewke Limited of 93 Southwark Street, London SE1 0HX (“Tewke”) license you to use:
the software embedded within our products and devices (“Devices”) (“Embedded Software”), our mobile application software (“App” or “Apps”), the data supplied with such Embedded Software or Apps and any updates or supplements to them from time to time (together, “Software”);
the services you connect to via the Software and through use of the Device, and the content we provide to you through it (“Services”); and
the related manuals, documentation or other (technical) specifications that assist you in making use of the Software or Services (“Documentation”),
as permitted in these terms.
Your privacy
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided at https://tewke.com/privacy-policy/ and it is important that you read that information.
Other terms that may apply to you
The following documents are also relevant to these terms:
Our sales terms at https://tewke.com/sales-terms/ (“Sales Terms”), which apply to your purchase of a Device (whether through the Tewke online store, if one exists, or via one of our authorised resellers), use of the Apps and your use of the Subscription Services (as defined in our Sales Terms).
Our cookies policy at https://tewke.com/cookies-policy/, which sets out information about the cookies used by our websites and the Apps.
Apple iOS App Store and Google’s Google Play Store's terms also apply
The ways in which you can use the Apps and Documentation may also be controlled by the Apple iOS App Store and Google’s Google Play Store's rules and policies. Apple iOS App Store’s (https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html) and Google’s Google Play Store’s (https://play.google.com/about/play-terms/index.html) rules and policies will apply instead of these terms where there are differences between the two.
Operating system requirements
The Apps require a smart phone or tablet with a minimum memory of 4GB RAM using iOS or Android.
Support for the Software and how to tell us about problems
Support. If you want to learn more about the Software or the Services or have any problems using them, please take a look at our support resources at https://tewke.com/.
Contacting us (including with complaints). If you think the Software or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at help@tewke.com.
How we will communicate with you. If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
How you may use the Software and the Documentation
In return for your agreeing to comply with these terms you may:
download or stream a copy of the Apps onto a suitable device and view, use and display the Apps on such device for your personal purposes only in connection with receiving the Services. In addition, you may share the Apps and the Services in accordance with the rules set out in Apple iOS App Store (https://www.apple.com/uk/family-sharing/) and Google’s Google Play Store (https://play.google.com/about/play-terms/index.html);
use the Embedded Software for your personal purposes only in connection with receiving the Services;
use any Documentation to support your permitted use of the Software and the Services;
provided you comply with the “LICENCE RESTRICTIONS” in the relevant section below, make up to one copy of the Apps and the Documentation (or such additional number of copies as is necessary for you to have for the purposes of your lawful use) for back-up purposes, where it is possible to do so; and
receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as we may provide to you.
You must be 18 to accept these terms and use the Software
You must be 18 or over to accept these terms and use the Software.
You may not transfer the Software or Services to someone else
We are giving you personally the right to use the Software and the Services as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the Software or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which an App is installed, you must remove the App from it.
Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days’ notice of any change by notifying you of a change when you next start the App or use your Device.
If you do not accept the notified changes you may continue to use the Software and the Service in accordance with the existing terms, but certain new features may not be available to you, or you will not be permitted to continue to use the Software and the Services.
Update to the Software and changes to the Services
From time to time, we may automatically update the Software and change the Services to improve performance, enhance functionality, reflect changes to applicable operating systems or address security issues, whether in relation to our Devices, our Software or our Services. Alternatively, we may ask you to update the Software for any of these reasons. Details of our planned future enhancements to our Devices, which may require updates or changes to our Software or our Services, are set out on our website at https://tewke.com/.
If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the Software and the Services.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
We are not responsible for other websites you link to
The Software or the Services may contain links to other independent websites which are not provided by us. Such independent websites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent websites, including whether to buy any products or services offered by them.
Licence restrictions
You agree that you will:
except in the course of permitted sharing, not rent, lease, sub-license, loan, provide or otherwise make available the Software or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the Software, Documentation or Services, except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software, Documentation or Services nor permit the Software or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Software and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
is not used to create any software that is substantially similar in its expression to the Software;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software or any Services.
Acceptable use restrictions
You must:
not use the Software or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software, Services or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the Software or Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or Services;
not use the Software or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
Intellectual property rights
All intellectual property rights in the Software, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the Software and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Software, the Documentation or the Services other than the right to use them in accordance with these terms. Some of the Software or Services that we make available to you may include software that’s offered under open source licence terms. Where this is the case, we will provide details at https:/tewke.com/OpenSource_Licence, and there may be provisions in the relevant open source licences that explicitly override parts of these terms, so please be sure to read those licences.
You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in these terms.
Your content
The Services will include functionality under which Devices will automatically collect certain information, including, without limitation, statistics and measurements relating to: power use and power consumption behaviour; lighting control; temperature, humidity, carbon dioxide and air quality readings. In addition, the Services may include functionality to permit the submission (including upload) by you of your content, which content may include, without limitation, any user profile information you submit and photographs of your Device and / or your domestic electrical wiring (such information and content together being “User Content”).
You shall be solely responsible for User Content you allow to be collected or submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you warrant and represent that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorise us to use all intellectual property rights in and to the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these terms; and (ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each identifiable individual person in the User Content to use the name or likeness of each such individual to enable inclusion and use of the User Content in the manner contemplated by the Services and these terms. By allowing the User Content to be collected or by submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use all or any portion of the User Content in connection with our provision of the Services and our business, including, without limitation, for:
supporting the development of smart grid systems and delivering more energy efficiency, and by training (our or third party) artificial intelligence tools in order to understand energy demand in particular areas in order to support generators and grid providers of energy. Where we use User Content in this way, we will anonymise it; and
promoting and redistributing part or all of the Services in any media formats and through any media channels and sharing the User Content with social media platforms with our business partners and licensees for informational and analytical purposes.
To the extent User Content contains personal data (as defined by the EU General Data Protection Regulation and/or the UK General Data Protection Regulation), the foregoing license is subject to our Privacy Policy.
Your use of third-party services
The Services may include functionality designed to integrate Devices with third-party services, including, without limitation, to allow Devices to be used as smart thermostats or to control smart speakers. Where that functionality is dependent on the availability of third-party services, we do not, save where we agree otherwise, make those third-party services available to you and you are responsible for obtaining all necessary licenses, rights, consents and permissions to use such third-party services.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing 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.
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.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device (including a Device) or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for installation fees. We strongly advise you not to book an electrician until your Device has arrived and you have checked it. If a Device is defective or damaged, we will not be liable for any installation fees, call out charges or additional costs that have not been agreed by us in writing. Where you bought the Device from us and you think there is something wrong with your Device, you are required to notify our Customer Service Team at https://tewke.com/support (further details are set out in our Sales Terms).
We are not liable for business losses. The Software and Services are for domestic and private use. If you use the Software and Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Software and the Services. The Software and the Services are provided for general information only. They do not offer advice (including health advice) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Software or the Services (including, without limitation, in relation to power use and power consumption, and temperature, humidity, carbon dioxide and air quality readings). Although we make reasonable efforts to ensure the accuracy of the information provided by the Software and the Services and keep it up to date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with Apps. We recommend that you back up any content and data used in connection with the Apps, to protect yourself in case of problems with the Apps or the Services.
Check that the Software and the Services are suitable for you. The Software and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Software and the Services (as described, in the case of the Apps, on the relevant App’s app store / site, and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the Software or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract (as represented by these terms) with us and receive a refund for any Services you have paid for but not received, as set out in our Sales Terms.
We may end your rights to use the Software and the Services if you break these terms
We may end your rights to use the Software and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the Software and Services:
You must stop all activities authorised by these terms, including your use of the Software and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have.
We may remotely access your Devices, lock the device and cease providing you with access to the Services and software (including Embedded Software). We may transfer these terms to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No rights for third parties
These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.
If a court finds part of these terms illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms, we can still enforce them later
Even if we delay in enforcing 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 in respect of your breaking these terms, 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.
Which laws apply to these terms and where you may bring legal proceedings
These terms are governed by English law, and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
Alternative dispute resolution
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. While this can be a helpful way to settle issues, we do not currently use an alternative dispute resolution provider.
If you’re not satisfied with the outcome of our complaints process, you’re still free to explore other options, including legal processes, for resolving the matter.