Terms of Service

Our Terms of Service (“Terms”) that you are currently reading is effective from October 6th, 2016. By using Evander you’re agreeing to the Terms below. If you don’t agree with our Terms or Privacy Policy, you can’t use Evander (sorry). If you use Evander in any way, you acknowledge that you have read and agree with all of our terms, and with the Privacy Policy.

If you have any questions, you can email legal@Evander.com.au

Our Terms are legally binding, and by accepting the Terms you are entering into a legally binding agreement between yourself and Evander.

Evander has the right to change these terms

As we expand into new areas and develop new features in our app and service, we will need to update this document from time to time. You will be informed by way of email when we’ve updated our terms of service and other legal documents.

When we update our Terms, you have the right to reject the new clauses. Please be aware that by doing so, you will no longer have the right to use Evander in any way.

When we update our Terms, you will need to indicate in the Evander smart phone app that you have read and agreed to the new Terms.

How old do I have to be to have an account with Evander?

18. Children and members of your family can use the Evander app, but the account holder must be at least 18 years of age.

What do I need to do to get started?

You need to create an account with Evander. This is done through our smart phone app. When creating an account, you need to provide us with your full name, email address, and a password for your account. You’ll also need to provide us with the serial number of your Evander Hub, as it’s required to set up your account. This information must be accurate, as this is how we will communicate with you in the future. When you call Evander for support, this is also how we will verify that you’re the account holder.

Safety

Evander is a smart home application. It allows you to control many different physical things such as your light bulbs and garage door. This happens when you pair third party devices such as door sensors or door controllers to Evander. You must not pair or connect these devices in a way that could be dangerous to yourself or to others. You also must not pair or connect these devices in a way that would cause damage to property, or injury to others.

For example, you must not connect a life support machine to a power switch that is controlled by Evander.

General Restrictions

You agree that you will not reverse engineer, or attempt to reverse engineer, the Evander smart phone app and the Evander Hub. You cannot make any modifications to the hub, and cannot install any additional software on your hub, unless you have written permission from us.

How much does Evander cost?

At the moment, Evander does not charge a monthly fee. We do plan on introducing a small monthly fee in the future. You will be informed about the introduction of a fee thirty days before it comes into effect. We’ll inform you by email.

In terms of costs, you can head to our online store at Evander.com.au to see the costs of the Evander hub and third party devices.

What changes can be made to Evander?

We have big plans for Evander. And as such, we’re always looking at integrating new features we think our users will love. These can be features we develop completely in-house, or by way of a third party integration. When this happens, we might need to update our Terms, so we are able to provide you with those new features.

From time to time, we might take out a feature that is not used by many of our customers.

Evander has the right to remove any feature or service from the application, and when we do, we will inform you beforehand. But please be aware that sometimes we cannot inform you beforehand of changes we are making.

When I buy Evander, can I do anything with it?

Evander is a smart home application. You can use it to the extent of the features that we provide, and you must use it in a safe manner that does not put anyone in harm’s way, including property.

The surveillance features are intended for personal surveillance, to watch over your home and your family. For example, you cannot use it to spy on your neighbours.

When you buy Evander, you are buying the hardware that is required in order for Evander to control your home. This hardware has our software on it. This software does not belong to you; it belongs to us. You must not make any changes to this software. In the same manner, the iPhone and Android applications belong to Evander.

By purchasing the Evander hub and agreeing to these Terms, Evander is granting you a license to use the Evander software. This license can be revoked if you breach these terms, for example if it comes to our attention that you are using the Evander application in a dangerous way that it is not intended to be used for.

I want to stop using Evander. How do I do that?

Give us a call. You can find our number on our website, at Evander.com.au and we will disconnect your Evander hub from our servers. At this point, you will no longer be able to use the Evander application on your smart phone. You also will not be able to control or monitor any devices in your home.

iOS users: Your agreement is between Evander and you, and not with Apple.

When you download Evander on your Apple device, you are still in an agreement with Evander, and not with Apple. The iPhone or iPad application is licensed to you on a limited, non-exclusive or transferrable or sub licensable basis. All of the terms above are still applicable.

You also agree that you will only use Evander on an Apple device that you control or own. We are responsible for app updates and maintenance, not Apple.

The legal mumbo jumbo

Evander does not make any representations or warranties concerning any products (except as expressly set forth below), software, services, information or content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered through the Services are provided “AS IS” and without any warranty of any kind from Evander or others, unless a separate written warranty is provided expressly and unambiguously for a specific product or service (and if such a warranty is provided, it will apply only to such specific product or service, and not to the Services generally).

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Evander be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or failure or malfunction of any device connected to the services, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Evander in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control.

You acknowledge and agree that your use of the services (including, without limitation, using the services to secure or otherwise control access to any real or personal property) is solely at your own risk, and that you accept responsibility for all losses, damages and expenses arising out of such use. Evander is not an insurer. You are responsible for maintaining insurance covering all loss, damage or expense, whether for property damage, personal injury (including death), economic losses or any other form of loss, damage or expense arising out of or from (i) these terms, or (ii) the services.

You agree to indemnify and hold Evander, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Enjoy your smart home