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Pure smart terms and conditions

END USER LICENSE AGREEMENT for elho smart application.

This End User License Agreement (“EULA”) is a legal agreement between Elho B.V. (“elho”) and you, the user (“you”) and the terms apply to the elho smart application (“elho app”). Please read this EULA carefully. By using the elho app, you accept these terms. If you do not accept them, do not use the elho app.

Elho is the owner of, or is legally licensed to the use or licensing of, the elho app. The EULA authorizes you to use the elho app under the terms and conditions set forth below.

1. Scope of the license

  • 1.1. Elho hereby grants you a non-exclusive, non-sublicensable, non-transferable, non-commercial, revocable and royalty-free license to use the elho app.
  • 1.2. This license is granted solely for personal and non-commercial use. The elho app may be used only on the device onto which the elho app was downloaded and installed.
  • 1.3. The purpose of the elho app is to provide a lifestyle service, while users are of course free to use the elho app for any purpose within the boundaries of these terms and conditions and the applicable law.
  • 1.4. It is not permitted to:
    • decompile or reverse engineer the source code of the elho app, except to the extent permitted by applicable law;
    • supply copies of the elho app to third parties;
    • sublicense the elho app or to make the elho app available to third parties, by rental, Software-as-a-Service constructs or in any other way;
    • modify the elho app, except to the extent permitted by applicable law;
    • remove or make unreadable notices of elho as copyright holder of the elho app.
  • 1.5. You may make a backup copy of the elho app. However, you may not use the backup copy on its own or distribute the same other than in combination with the original elho app.
  • 1.6.You may use the app for free for an indefinite period of time. In the future it may be possible that the elho app may only be used in return for a royalty fee.
  • 1.7. In addition to the terms and conditions of this EULA, Apple's Appstore and/or Google Play may set terms for the acquisition and use of the elho app and related matters.
  • 1.8. To find out more, see the terms of use and privacy statement of Apple’s Appstore, Google Play, and other terms and conditions identified on the website of these third party’s.

2. Account

  • 2.1. In order to use the elho app you must create a personal account. The information you provide to elho when creating this account must always be correct, complete and up-to-date.
  • 2.2. You are solely responsible for the confidentially of the password that gives you access to your account. You further agree not to disclose your password to any third party. If you become aware of someone breaching security or unauthorized use of your account, you must notify elho immediately.

3. Intellectual property

  • 3.1. The elho app and all rights relating thereof, without limitation, including all copyrights, patents, trademarks, domain names and other intellectual property rights and all information provided in or via the elho app, including all text, images and logos, rest and remain with elho. You only acquire those rights and permissions that follow from this EULA or those that are granted separately in writing. You may not use, copy or publish the elho app and/or the information in the elho app except as permitted by this EULA.

4. Updates & changes

  • 4.1. Elho releases updates from time to time that may fix bugs or improve the functioning of the elho app.
  • 4.2. At all times elho may change any content offered in or via de elho app.
  • 4.3. Available updates shall be notified to you through notifications provided by the app stores (Apple’s Appstore and Google Play store). It is your responsibility to monitor these notifications.
  • 4.4. Installing updates requires your separate consent. A proper application of upates requires the availability and good functioning of the app stores, over which elho has no control. Elho is not responsible or liable for an incorrect execution of updates. No liability exists for any damage as a result of bugs fixed in an update you did not install.
  • 4.5. An update can set terms additional to or different from the terms in this EULA. You will be notified in advance and you will be allowed to refuse such updates. Installing such an update constitutes your acceptance of the additional or different terms, which shall then be incorporated into this EULA.

5. Personal data

  • 5.1. The elho app processes your personal data. For more information consult the privacy statement that can be found at the setting menu of the elho app and at our website: www.elho.com/en/privacy-statement/.
  • 5.2. By agreeing to this EULA, you agree to our privacy policy.

6. Support

  • 6.1. You can provide feedback on the elho app via Apple’s Appstore and Google Play store. Elho will then determine whether support is needed and if necessary help you further. the app stores are solely responsible for installing and activating the elho app and the accompanying webservice.
  • 6.2. If you have any technical issues you can report them to contact@elho.com. Briefly explain the problem and state the type and brand of your device.

7. Guarantees and liability

  • 7.1. Elho guarantees it will use its best efforts to investigate any reported bugs as soon as is practical and to repair such bugs or create a workaround (elho may delay repairing bugs with limited impact until the next planned update); but nothing else.
  • 7.2. Except in cases of intentional misconduct or gross negligence or the violation of a warranty granted above elho is not liable towards you, regardless of ground, for any damages in connection with the elho app.
  • 7.3. No liability exists in case damages were not reported timely after discovery to elho. In addition no liability exists if the cause of damage is beyond the control of elho (force majeure).
  • 7.4. The elho app communicates via the internet with a server under control of elho to provide the complete service. Elho uses its best efforts to have this server available at all times, but makes no guarantees in this regard. From time to time elho can make updates to the server, which may lead to a temporary unavailability. Elho will do its best to inform you in advance about unavailability. Everything in this document regarding updates, support and liability applies equally to the server.
  • 7.5. No liability exists for damages directly or indirectly resulting from incorrect functioning of Apple’s Appstore and Google Play store.

8. Term of the agreement

  • 8.1. This EULA enters into force after you accepted the EULA or when you start the use of the elho app and remains in force until terminated.
  • 8.2. This EULA may be terminated by both you and elho at any time by providing one month's notice.
  • 8.3. Without prejudice to any other rights, elho has the right to terminate the EULA in its sole discretion if you breach this EULA, or if you use the elho app, the servers and/or the network of elho in a manner that invokes or violates the rights of elho, third parties or applicable law.
  • 8.4. After termination of this EULA, for whatever reason, you must cease all use of the elho app. In addition you must delete all copies (including backup copies) of the elho app of all devices under your control.

9. Miscellaneous terms

  • 9.1. This EULA is construed under and governed by the laws of the Netherlands. The applicability of the Vienna Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
  • 9.2. Any dispute, controversy or claim out of or in connection with this EULA will be referred to the competent court for the principal place of business of elho.
  • 9.3. If any provision in this EULA is declared invalid by any court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this EULA shall continue in full force and effect.
  • 9.4. Elho may assign its rights and obligations under this EULA to a third party that acquires the relevant business or the copyrights to the elho app from it.

10. Contact

  • 10.1. You can contact elho by e-mail (contact@elho.com) or post Elho B.V., Atlasstraat 11, 5047 RG, Tilburg, the Netherlands.