End User Licence Agreement
INTRODUCTION
This End User Licence Agreement (“EULA“) is a legal agreement between you (“User” or “you“) and Watergate AI Limited (“Watergate“, “we“, “us“, or “our“) governing your use of our iOS, Android, and Web-based applications (collectively, the “Apps“). By accessing or using the Apps, you agree to be bound by the terms of this EULA.
DEFINITIONS
“Business Users“: Users who use the Apps for business purposes, including Business and Enterprise services.
“Consumers“: Individual users who use the Apps for personal purposes.
“Device“: The hardware on which the Apps are installed or used.
“Free Access Licence“: A licence to use the Apps provided without charge under specific conditions.
“Goods“: Physical products purchased from Watergate, including hardware devices compatible with the Apps.
“Subscription“: Paid plans available for accessing premium features of the Apps.
“Subscription Licence“: A licence to use the Apps under a paid Subscription plan.
LICENCE GRANT
Free Access Licence
With the purchase of our Goods, you are granted a worldwide, non-exclusive, non-transferable, limited Free Access Licence to use the Apps for the duration of the Goods’ warranty period.
Subscription Licence
Consumers and Business Users can access premium features of the Apps through various Subscription tiers as defined in the User Agreement. This licence is also worldwide, non-exclusive, non-transferable, and limited.
USAGE SCOPE
The Apps are intended for use within Europe, including the UK, and are device-specific, designed for use with Watergate devices. A constant internet connection is required to use the Apps, except for local access via Bluetooth.
PAYMENT AND FEES
Basic Service
Access to the basic service, as defined by the Free Access Licence, is free.
Subscription Services
Other services require a paid Subscription. All users except Residents need to also enter the User Agreement, with free users charged at £0.
RESTRICTIONS
The User shall not:
Copy, reproduce, distribute, or transfer the Apps, in whole or in part, except as expressly permitted by this EULA.
Modify, adapt, translate, or create derivative works of the Apps.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Apps.
Rent, lease, sublicense, or otherwise transfer any rights in the Apps to any third party.
Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Apps.
UPDATES AND MAINTENANCE
We provide over-the-air updates for device firmware and app upgrades via app stores (iOS and Android) and periodic updates to web apps. Users must install all updates to ensure service continuity.
INTELLECTUAL PROPERTY
All intellectual property rights in the Apps belong to Watergate. Users are granted a limited, non-exclusive, non-transferable licence to use the Apps in accordance with this EULA.
CONFIDENTIALITY AND DATA PROTECTION
We collect, store, and process user data in accordance with our Watergate Privacy Policy and Data Processing Agreement (for Business Users). We implement rigorous data protection measures to ensure the safety, integrity, and confidentiality of user data.
WARRANTIES
The Apps are provided “as is” and “as available,” without any express or implied warranties. Watergate shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
LIMITATION OF LIABILITY
In no event shall Watergate be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use of the Apps, even if advised of the possibility of such damages. Watergate’s total liability for any direct damages shall not exceed the amount paid by the User for the Subscription in the twelve (12) months preceding the claim.
TERMINATION
Either party may terminate this EULA:
- By Watergate, for breach of terms or misuse of the Apps.
- By the User, by ceasing use of the Apps and providing notice to Watergate.
SUPPORT AND CUSTOMER SERVICE
We provide helpdesk support and online resources (FAQs, Knowledgebase) via our website and within the Apps.
GOVERNING LAW AND DISPUTE RESOLUTION
This EULA is governed by English law. Any disputes arising out of or in connection with this EULA shall be resolved through arbitration or in the courts of England.
THIRD-PARTY SERVICES
The Apps may integrate with third-party services such as Echo and Google Home. Users’ use of such services will be governed by the terms of service of the respective third-party providers.
ACCEPTANCE OF TERMS
By clicking “I Agree” or downloading, installing, or using the Apps, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA.
MISCELLANEOUS
Entire Agreement
This EULA constitutes the entire agreement between you and Watergate regarding the use of the Apps. Any changes to this EULA must be in writing and signed by both parties to be effective
Amendments
We may amend this EULA from time to time. Any changes will be posted on our website, and users will be notified of significant changes. Continued use of the Apps after changes are posted constitutes acceptance of the amended terms.
Severability
If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Force Majeure
Watergate shall not be liable for any delay or failure to perform its obligations under this EULA due to circumstances beyond its reasonable control, including acts of God, war, terrorism, strikes, and other industrial disputes, governmental actions, and any other force majeure event.
Assignment
Users may not assign or transfer any of their rights or obligations under this EULA without our prior written consent. Watergate may assign this EULA without restriction.
Notices
All notices required or permitted under this EULA will be in writing and delivered by email, postal mail, or courier service to the addresses specified by the parties.
Waiver
No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.
Relationship of Parties
Nothing in this EULA shall be construed to create a partnership, joint venture, or agency relationship between the parties.