Terms of Use for Enevo Applications
Applicability
These terms (together with the documents referred to on it) describes the terms of use (the “Terms of Use”) on which you may use any Enevo web application and any Enevo application software (the “Enevo Applications”). Please read these Terms of Use carefully before you download, install or use the Enevo Applications. By using the Enevo Applications, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree with these Terms of Use, you should cease using the Enevo Applications immediately.
Who are we?
The Enevo Applications are operated by Enevo, Inc., a Delaware company with an office at 22 Boston Wharf rd, floor7, Boston, MA 02210 (and we refer to ourselves as “we”, “us” or “our”). We own and operate the Enevo Applications on our own behalf or on behalf of our affiliated Enevo companies or our reseller partners.
If you have questions concerning these Terms of Use you may contact us at: Enevo, Inc. Legal Department, 22 Boston Wharf Rd, floor 7, Boston, MA 02210.
Your right to use the Enevo Applications
Enevo Applications are for business use only and the organization that you are working for has entered into an agreement with us and made the Enevo Applications available for you to use. You are permitted to use the Enevo Applications in connection with operating Enevo sensor equipment and related Enevo services. The Enevo Applications and all content thereof will continue to be owned by us and you will have right to use the Enevo Applications as permitted by these Terms of Use.
To use the Enevo Applications you will need e.g. Internet connectivity, telecommunications or other data network. All costs for such devices and connections are at your or your employer’s cost.
You agree to comply at all times with any guidelines and instructions for use of the Enevo Applications that we may make from time to time. You agree to keep your user name and password confidential, and you must not disclose it to any third party. You will be responsible for the use by persons using your user names and passwords. We have the right to disable your access to our service at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
Information concerning you and your use of the Enevo Applications
We process information about you in accordance with applicable privacy laws and regulations. Only the minimum necessary amount of information is collected about you in order for us to provide the service and access to such data is limited to such parties who have legitimate need for it. The organization that you are working for has entered into an agreement, including terms of personal data processing and it is considered to be data controller with respect to your personal data as defined in the applicable data protection legislation. By using the Enevo Applications, you consent to our processing of your personal data. If you want more information you should primarily contact your own employer.
Third party licensors
Some third party licensors that we use may require you to agree with their licensing terms (“Third Party Terms”) which may change from time to time. We may be obliged to pass through certain Third Party Terms. You agree to comply with all such Third Party Terms. We reserve the right to amend or replace the Third Party Terms from time to time.
We will inform you of such Third Party Terms and they may also be made available upon your access to our service or on www.enevo.com/licensors. If you do not agree with the Third Party Terms you will need to stop using the Enevo Applications.
We hereby inform you that one of our third party licensor is HERE International B.V. and their terms of use are available at http://legal.here.com. If you do not agree with those terms you must stop using Enevo Applications immediately.
No warranties
The Enevo Applications are provided “as is” and we make no warranty that your access to the Enevo Applications will be uninterrupted, timely, error-free or that the material and information are correct. Access to the Enevo Applications may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. All warranties are hereby excluded.
We may change or update the Enevo Applications and anything described in it without notice to you. If the need arises, we may suspend access to the Enevo Applications, or close it indefinitely.
You and your employer assume sole responsibility for results obtained from the use of the Enevo Applications, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Enevo Applications, or any actions taken by us at your direction.
Limitations of liability
IN NO EVENT SHALL ENEVO BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE ENEVO APPLICATIONS, THE USE OF THE ENEVO APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. ENEVO’S LIABILITY HEREUNDER IS LIMITED IN ALL CASES TO FIVE HUNDRED USD ($500.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME PARTS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Modifications to these Terms of Use
We reserve the right to change these Terms of Use at any time without notice to you by posting changes on the www.enevo.com/terms (the “Website”) or by updating the Enevo Applications to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Enevo Applications after changes are posted constitutes your acceptance of the amended Terms of Use.
Governing Law
Any claim relating to these Terms of Use and your access or use of the Enevo Applications shall be governed by the laws of the Commonwealth of Delaware, USA without regard to its conflict of law provisions.
These Terms of Use were most recently updated on June 1, 2021.