Terms of use.
Effective date: 13 May 2022.
Last update: 13 May 2022.
Thank you for choosing an Infoo product or service “Product”/”Service”.
Infoo Products and Services are capable of providing you with facilities to manage, maintain and understand the items/appliances which you add to it using the My Stuff functionality, which is built into the Infoo app and website.
The Product can be controlled via an application provided by Infoo on your mobile device (such as your smartphone, tablet computer, or compatible connected device). The application also provides other features you can access (“the App”).
You may also access the infoo.com website to:
manage your Product;
register yourself and set your account preferences (“Infoo Account”); and
access other features the website provides (“Website”) including but not limited to troubleshooting guides, two-way chatbot functionality and support services.
The Product, the App, the Infoo Account and the Website and any updates thereto are collectively referred to as the (“Services”).
In order to also use the Products you will need to have an Infoo Account, which you can create on the App itself using an email address and password or by using a trusted provider (such as Google, Facebook or Apple) to use OAUTH login services.
In order to be able to fully use the Services offered to you by Infoo Limited ("Infoo/we") you need to:
create an account for the use of the Service ( the “Infoo Account”), and accept the terms and conditions for use of the Services, set forth below, (the “Terms”);
acknowledge the Website and the App as a formal channel of Infoo communication to you eg. in relation to any changes in the Services or Terms governing such Services (“Formal Communication”) ;
download the App as indicated on the Website;
activate the Services by adding items/appliances using My Stuff in the App;
acknowledge that the Services rely on the availability of the infrastructure/system requirements and services of third parties (such as ISP, carrier or other), whether contracted by you or Infoo;
If you do not wish to create an Infoo Account you will not be able to access all the features the Product can provide you with.
If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact Infoo Customer Support.
The third party platform provider is not responsible for the App nor its content. Therefore you should only contact Infoo for any questions, support, product claims and third party intellectual property claims related to the Services.
These Terms and Conditions are a binding legal agreement, and by using the Product and/or Services, you agree to be bound by these Terms. The use of the Services for the Product is governed by these Terms.
OVERVIEW
Except where you agree to pay for an Infoo Product or Service, your use of any Infoo Product or Service is provided free of charge by Infoo on a ‘best efforts’ basis and whilst Infoo takes reasonable steps to ensure the accuracy and effectiveness of its Products and Services, no assurance, warranty or guarantee is provided to you when using them and Infoo in no way holds itself out as an expert in any of the fields in which it operates. If you are ever in any doubt, we recommend that you refer to a manufacturer or other appropriate expert before relying on anything based upon information provided by Infoo’s Services.
These terms will not impair any statutory warranty rights or other rights which you have as a consumer in your country of residence, which will take precedence over these terms and conditions by effect of law.
Suspension, Termination and Discontinuation
These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms.
At any time, Infoo may (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if Infoo in good faith believes that you have used the Services in violation of these Terms. Upon termination you are no longer authorised to use or access the Services.
Infoo reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Infoo will not be liable to you or to any third party for the exercise of the aforementioned right.
Account and (de)activation
You may only create an Account and use the Services if you accept and comply with these Terms and applicable laws. Any use or access to the Services by anyone under the age of 18 is strictly prohibited and is a violation of these Terms.
You agree to:
(a) accurately provide all contact and other information requested by Infoo and notify Infoo immediately of any change in the information; (b) maintain the confidentiality of your Account login information and for all activities that occur under your Account;
You may choose to deactivate or delete your Account on the Website infoo.com or through the Infoo Customer Support. Before deleting your account or items stored within it, you should ensure that you understand the consequences of such deactivation or deletion. If in doubt please contact Infoo Customer Support before deleting anything.
Infoo reserves the right to limit the number of Infoo Accounts that can be created from a device and the number of items/appliances that can be associated with an Infoo Account.
Access and Permitted Use
Infoo grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by using its website(s) or installing and using the App in connection with the Product solely on designated handheld mobile device(s) (e.g., iPhone, iPad, or Android smartphone) registered on your Account (whether owned by you or another person), and subject to the Terms. This license is between you and Infoo and covers our app, website and associated products and services (and any updates thereto) unless governed by a distinct contract (for example when you purchase parts, accessories, repairs or servicing from Infoo or a provider with which Infoo has a commercial relationship where other terms and conditions may additionally apply.)
You are not permitted to use Infoo Products & Services other than for the following, private, non-commercial purposes:
viewing the website and/or App;
adding your items/appliances to the App or website;
reviewing/changing/managing your items/appliances, registering them or considering recall information for them;
purchasing additional products or services from Infoo or its commercial partners;
perusing information specifically made available to your for managing your items/appliances; or
making use of other facilities that may be provided on the App and/or website.
The use of automated systems or software to extract data from the App or the website infoo.com for commercial purposes, (‘screen scraping’) is prohibited unless you have directly concluded a written licence agreement with Infoo which permits you access to Infoo data for other specific purposes. In the event that you do extract data in contravention of these Terms, you hereby agree that you will pay Infoo the sum of GBP500 for each distinct piece of data which you extract.
Automatic Software Updates
Infoo may update or change software for seamless Services, and may do so remotely without notifying you. If you do not want such updates, your sole remedy is to cease using the Services altogether.
Certain Restrictions
You agree to:
not use the Services in violation of any laws, regulation or court order, or for any unlawful, obscene, offensive, unsavoury or abusive purpose;
use the Services only as intended by Infoo;
not use the Services in any manner that could harm Infoo, its service providers, or any other person;
not to republish, reproduce, distribute, display, post or transmit any part of the Services, and
not perform an action with the intent of introducing to the Products or Services viruses, worms, defects, Trojan horses, malware or any items of a destructive nature or disabling the Products, Services or other end users’ devices;
not to circumvent or attempt to tamper with the security of or disable any of the Products or Services;
not to reverse engineer, decompile, or disassemble the Product(s) or Service(s), except to the extent that applicable law expressly prohibits the foregoing restriction;
comply with any other reasonable requirements or restrictions requested or imposed by Infoo, described in more detail on the Website infoo.com;
not permit others to do any of the foregoing restricted acts.
Open Source
Certain items of independent, third party code included in the Services are subject to open source licenses.
Privacy Notice
The Privacy Statement governing the use of the Services is available at the Website infoo.com. This Privacy Statement may change from time to time, so review it with regularity and care.
In accessing and using Infoo Services, you agree that Infoo may process your personal and other data in accordance with our Privacy Statement in effect from time to time.
Fees and Payable Upgrades
Access to the Services is offered to you by Infoo free of charge. Infoo may decide to offer additional Services (“Payable Upgrades”) for a fee. Infoo will inform you if a Service is to be offered for a fee in the future. In such a case, you may choose to either continue your use of the offered Services for free, if applicable, or to choose the Payable Upgrade for the required fee or to terminate your use of the Service.
User Content
You may be able to create or upload content through the Services (“User Content”), in which case you decide what will become publicly available. We want you and others to enjoy our Services, so please don’t use our Services in a way that is considered inappropriate (such as obscene, violating laws and regulations, offensive, discriminatory or infringing someone else’s rights, including without limitation intellectual property rights).
User Content is not provided by Infoo, and we do not endorse opinions, recommendations or advice expressed therein. When you share your content, we intend to use it for our own purposes as well, including for commercial purposes. If this is not what you would like, it is best to be cautious about what you share.
Third Parties and Third Party Fees
It is possible that when you use the Services you will also use a service, download a piece of software, or purchase goods that are provided by a third party. Those third party services and products may have their own applicable rules and restrictions, separate from these Terms, and you need to abide by them in regard to that third party.
You acknowledge that you are responsible for all fees charged by third parties, such as your ISP or mobile device carrier, which provide you with specific requirements that enable you to use the Services.
Ownership and Intellectual Property
Infoo owns the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the Services. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without Infoo’s prior written consent except to use the Services for their intended purposes. Infoo retains all rights that are not otherwise expressly granted in these Terms.
If you submit a comment, suggestion or any other material (“Feedback”) to Infoo related to the Services (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Infoo, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you, or grant Infoo a license to use such Feedback without any restrictions to the extent the foregoing is deemed ineffective.
The Product and Services are licensed and not sold to you. The Terms grant you only the right to use the Product and Services, but you do not acquire any rights, express or implied, in the Product or Services other than those specified in these Terms of Use. Infoo and its licensors retain all right, title, and interest in and to the Product and Services, including all patents, copyrights, trade secrets, and other intellectual property rights incorporated therein. The Product is protected by copyright laws, international treaty provisions, and other intellectual property laws. Except as provided otherwise herein, you shall not rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Product.
Warranty Disclaimers
Our goal is to provide you with a great service experience. HOWEVER PLEASE BE AWARE THAT WE ARE ONLY ABLE TO PROVIDE YOU THE SERVICES "AS-IS" AND “AS AVAILABLE” AND THAT YOU CANNOT RELY ON THE ACCURACY, TIMELINESS OR ANY OF THE RESULTS THAT YOU MAY OBTAIN FROM THE SERVICES. This is among others due to the fact that the availability of the Services is also dependent on external circumstances such as and including without limitation your computer, mobile device, home wiring, wi-fi network, your internet service provider and mobile device carrier or other third party services upon which Infoo has no influence. Therefore Infoo cannot warrant in relation to the Product or Services the: availability, uptime, accuracy of results, accuracy of data, storage of data, accessibility in all countries, reliability of any resulting notifications, any specific level of savings or other monetary benefit.
Limitation of Liability
As much faith as we have in our Service, there is always the possibility that things don't work as they are intended to. In the unfortunate event that the Service would not work or any content may be lost, please accept our sincerest apologies. We certainly understand that it is unfortunate and inconvenient. Unfortunately, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE CANNOT ACCEPT ANY LIABILITY FOR ANY DAMAGES INCURRED AS A RESULT OF YOUR USE OF THE PRODUCT OR SERVICES. IN ANY EVENT WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE FEES PAID IN CONNECTION WITH THE SERVICES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, INFOO SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE AT LAW IN THE RELEVANT TERRITORY.
Formal Communication
From time to time, we may update these Terms. If we do, we will do this by Formal Communication. If we make a major change in the important points of these Terms (material change), we may alert you to the changes in a more prominent way. For example, we may temporarily highlight the new or revised sections in these Terms, temporarily post a prominent notice on the Website or registration/login page, or temporarily add the word "Updated" to the title of these Terms and/or any hypertext links pointing to these Terms. In some instances, we may also send you an e-mail message or other communication telling you about the changes and any choices you may have or actions you can take before they go into effect. Your inaction or continued use of the Services, including access of the Website, after any such alerts or notices, or your acceptance of any changes for which we require your prior approval, will tell us that you agree to these changes.
Assignment and severability
These terms of use and your rights and obligations under these Terms of Use are not assignable. If any provision of these terms of use is held to be invalid, illegal or unenforceable for any reason by any court or other competent body then the remaining provisions shall remain in full force and effect.
Governing Law
These conditions of use shall be construed, interpreted and governed by the laws of England & Wales without regard to conflicts of law provisions thereof.
Finally:
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S“. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Also you irrevocably grant Apple the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third party beneficiary thereof.
You agree that you will not directly or indirectly, export or re-export the Product and Product Software to any country for which the United States Export Administration Act, or any similar United States law or regulation requires an export license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained.
HOW TO CONTACT US
If you have any questions about the use of your personal information, please send an email to support@infoo.com.
Our address is Infoo Limited, 264 Banbury Road, Oxford, Oxfordshire, England, OX2 7DY.
You can contact us via email at support@infoo.com