DEVICEPILOT LIMITED – PLATFORM TERMS AND CONDITIONS OF USE
1. About our terms and conditions
1.1 These terms and conditions of use relate to the cloud-based software platform known as ‘DevicePilot’ and available through https://app.devicepilot.com, together with any associated software applications and/or devices (the “Platform”). The Platform provides a simple way for our customers and their end-users to register and manage their electronic devices (“Devices”).
1.3 The terms “DevicePilot” or “us” or “we” refer to DevicePilot Limited, the owner or licensor (as applicable) of the Platform. We are a company registered in England and Wales under company number 08413230 whose registered office is at 14 Rosebery Avenue, London EC1R 4TD, UK. The term “you” refers to the individual wishing to register, manage or review a Device using any services in the Platform.
2. Using the Platform and restrictions on use
2.2 The Platform has been prepared, and is intended for use, in accordance with the laws of England and Wales. If you access the Platform from locations outside of England and Wales you are responsible for compliance with local laws where they are applicable.
2.3 As a condition of your use of the Platform, you agree:
2.3.1 not to use the Platform to carry out or promote any activity that is unlawful in any way under any applicable law; and
2.3.2 not to use the Platform for any purpose that is prohibited by these terms and conditions.
2.4 In addition, your right to use the Platform does not permit you to attempt to decompile (as defined in section 50B of the Copyright, Designs and Patents Act 1988) the underlying software (or any part of it) that is used in or to provide the Platform, or to observe, study or test the functioning of the underlying software (or any part of it) that is used in or to provide the Platform, except and only to the extent that such restrictions are prohibited pursuant to section 50B of the Copyright, Designs and Patents Act 1988.
2.5 We may prevent or suspend your access to the Platform if you do not comply with any part of these terms and conditions, any terms or policies to which they refer, or any applicable law.
2.6 Your access to the Platform is subject to you or your organisation paying any applicable licence fees or other charges that are payable under any applicable access or licence agreement in force between us and you/your organisation from time to time. If such fees or other charges are not paid when they fall due then we may prevent or suspend your or your organisation’s access to the Platform.
3. Availability of the Platform
3.1 We reserve the right to update, suspend, withdraw, discontinue or change all or any part of the Platform at any time as we see fit and without notice. While we try to make sure that the Platform is up-to-date, available and free from bugs, we cannot promise that it will be. Further, we do not promise that the Platform will be available at all times nor do we promise the uninterrupted use by you of the Platform. If you have any difficulties using the Platform, please contact us.
3.2 We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
4. Account and password
4.1 In order to use the Platform, or certain parts of it, you may be required to create and manage an account in the Platform (an “Account”). Accounts may be created in the Platform by you choosing, or being provided with, a user identification code, password or other piece(s) of information as part of our security procedures (“Account Information”) to set up and manage your Account.
4.2 You agree that you are solely responsible for keeping your Account Information confidential. You must not disclose your Account Information to any third party. If you know or suspect that anyone other than you knows your Account Information you must promptly notify us.
5. Submission, security and ownership of information
5.1 You are solely responsible for, and shall have sole liability for, the accuracy and reliability of any information submitted to or through the Platform by you, and you warrant that any information you submit to or through the Platform:
5.1.1 is clear and accurate in all material respects and is not misleading; and
5.1.2 is lawfully submitted and does not breach our terms and conditions or any applicable laws.
5.2 We will not be responsible, or liable to any third party, for the content or accuracy of any information submitted to or available through the Platform that is posted by you.
5.3 While we try to make sure that the Platform is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any information that you regard as confidential, commercially sensitive or valuable.
5.5 We reserve the right to disclose your Data to law enforcement officials and/or HMRC in the investigation of fraud or other alleged unlawful activities.
6. Ownership and use of the Platform
6.3 Nothing in these terms and conditions grants you any legal rights in the Platform other than as necessary to enable you to access and use the Platform, and any further or additional use is strictly prohibited unless you have our prior written permission.
7. Disclaimer and limitation of our liability
7.1 Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.
7.2 Subject to clause 7.1, and to the extent permitted by law, we exclude all conditions, warranties and/or representations, whether express or implied, which may apply to the Platform, your use of the Platform, and/or any information contained or displayed within the Platform.
7.3 Subject to clause 7.1, we will not be liable to any user of the Platform for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Platform, or with reliance on any information contained or displayed within the Platform. In particular, we will not be liable for any business interruption, for any loss of profits, sales, business, revenue, anticipated savings, business opportunity, goodwill or reputation, or for any indirect or consequential loss or damage whatsoever.
We do not guarantee that the Platform will be secure or free from bugs or viruses. If you use your own device to access the Platform then you are responsible for configuring your device appropriately and you should use your own virus protection software. We will not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect you due to your use of the Platform.
9. Third party sites and systems
9.1 The Platform may contain hyperlinks or references to third party websites or systems other than the Platform. We have no control over third party websites or systems and accept no legal responsibility for any content, material or information contained in them. Your use of third party sites or systems will be governed by the terms and conditions of that site or system. It is your responsibility to ensure you are happy with such third party terms and conditions.
9.2 The display of any hyperlink and/or reference to any third party website, system, product or service does not mean that we endorse that third party’s website, products or services and any reliance you place on such hyperlink, reference or advert is done at your own risk.
10. General legal terms
10.1 Events beyond our control – We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation: strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
10.2 Rights of third parties – Unless expressly agreed in writing by us, no one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
10.5 Applicable law – These terms and conditions, their subject matter and formation, are governed by the law of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you have any questions about these terms and conditions please contact us by sending an email to firstname.lastname@example.org.