Terms of Use

Evoz™ Terms of Use

Warning: WHEN USING THE SERVICE, DEVICE AND/OR EVOZ BABY MONITOR (EACH AS DEFINED BELOW) PLEASE BE AWARE THAT:

(I)             THE SERVICE, DEVICE AND/OR EVOZ BABY MONITOR IS NOT A SUBSTITUTE FOR THE RESPONSIBLE PARENTAL/ADULT SUPERVISION OF A CHILD.

(II)            THE SERVICE, DEVICE AND/OR EVOZ BABY MONITOR IS SUBJECT TO TECHNICAL OR OTHER FAULTS, BOTH WITHIN AND BEYOND OUR CONTROL (FOR EXAMPLE, AN INTERNET OR TELECOMMUNICATIONS DISRUPTION OR LOSS OF ELECTRICITY OR BATTERY).

(III)           THE DEVICE AND/OR EVOZ BABY MONITOR SHOULD NOT BE PLACED IN THE SAME COT OR BED AS A CHILD; THE RECOMMENDED DISTANCE FOR OPTIMAL USE IS ONE (1) TO EIGHT (8) FEET AWAY FROM A CHILD.

(IV)          YOUR USE OF THE SERVICE, DEVICE AND/OR EVOZ BABY MONITOR IS ENTIRELY AT YOUR RISK.

Please read the following Terms of Use (“Terms”) carefully before using the Service so that you are aware of your legal rights and obligations with respect to Evo Inc. (“Evo”).

These Terms govern your (i) use of the websites www.evomonitors.com,  www.myevoz.com, and any other website that Evo operates (each, together with its content and services, the “Site“); and (ii) to the extent that such use is not covered by a separate end user license agreement entered into between you and Evo, your use of a mobile application that Evo licenses to you, including without limitation, the Evo Monitor Application, (each, together with its content and services, an “App“).  The Site and App are individually and collectively referred to as the “Service“.

1. Consent and Modification. By accessing or using the Service, including without limitation contributing to or viewing the Content (as defined below) therein, you signify your assent to (i) these Terms; (ii) our Privacy Policy (defined below); (iii) our Copyright Notice (defined below); and (iv) any other legal notices published by us on the Site (collectively the “Site Terms“).    The Site Terms apply to all users of the Service.  If you do not agree to the Site Terms, then please do not access or otherwise use the Service or any information contained herein.  We reserve the right, at our discretion, to change the Site Terms at any time, which change will be effective ten (10) days following posting the revised Site Terms on the Service.  Your continued use of the Service ten (10) days following such posting means you will accept those changes.
2. Ability to Accept Terms. The Service is not intended for individuals under the age of 18 year.  If it comes to our attention through reliable means that a registered user is under the age of 18 years, we may, to the extent applicable, cancel that user’s Account (as defined below) and/or access to the Site.
3. Service Access. We hereby grant you permission to use the Service, provided that: (i) you will not copy, distribute or modify any part of the Service without our prior written authorization; (ii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iii) you will not disrupt servers or networks connected to the Service; (iv) you agree not to (a) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Service; (b) collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Service; and/or (c) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Service; (v) you will not use the communications systems provided by the Service to send unauthorized commercial communications; (vi) you only use the Service in connection with monitoring a Child (as defined below) and using our services, and not for any other purpose (including without limitation invading the privacy of any third party); (vii) you do not use the Service for any unlawful, harmful, irresponsible, or inappropriate purpose; and (viii) you comply with these Terms and applicable law.  “Child” means your (including if you are a legal guardian) child or a minor for whom you have obtained parental (or legal guardian) consent.
4. Account. In order to use the Service, you have to create an account (an “Account“). You agree not to create an Account for anyone else or use the account of another without their permission.  When creating your Account, you must provide accurate and complete information.  You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure.  You must notify Evo immediately of any breach of security or unauthorized use of your Account.  As between you and Evo, you are solely responsible and liable for the activity that occurs in connection with your Account.  You may delete your Account at any time by following the options within Service.
5. Intellectual Property Rights. The content on the Service, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and User Submissions (collectively, the “Content“) and the trademarks, service marks and logos contained therein (“Marks“), are the property of Evo and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  We reserve all rights not expressly granted in and to the Service and the Content.  If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.  “Evoz”, the Evoz logo, and other marks are Marks of Evo or its affiliates.  All other trademarks, service marks, and logos used on the Service are the trademarks, service marks, or logos of their respective owners.
6. User Submissions

6.1.         Responsibility.  The Service permits the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions“).  You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.  You shall be solely responsible for your User Submissions and the consequences of posting or publishing them.  We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Service (including User Submissions) at any time and for any reason.

6.2.         Ownership.  You represent and warrant that you own or have the necessary rights and permissions to use and authorize Evo to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Service and these Terms.  “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.  Youretain all of your ownership rights in your User Submissions.

6.3.         License.  By submitting the User Submissions to Evo, you hereby grant Evo a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Service only, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law.  You also hereby grant each user of the Service a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.

6.4.         Prohibited Content.  You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

6.5.         Exposure.  You understand and acknowledge that when accessing and using the Service (i) you will be exposed to User Submissions from a variety of sources, and that Evo is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.  You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Evo with respect to (i) and (ii) herein.

6.6.         Modification to/Deletion of a User Submission.  You may modify or delete at any time any User Submission that you posted by using the applicable tools provided within the Service.

6.7.         Spam.  You agree not to, and will not, use the communications systems provided by the Service to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

6.8.         Disclosure.  We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Evo, its users or the public.

7. Monitoring and Notification Services.

7.1.         The Service enables you to (i) monitor and listen-in to an Evoz Baby Monitor or a Device (each as defined below) through your Account; (ii) receive telephone calls (including, landline, mobile, and VOIP) to a number nominated by you; and (iii) receive text message/SMS and email alerts and updates (collectively, the “Monitoring and Notification Services“).  “Evoz Baby Monitor” means a hardware Evoz Baby Monitor, that you own and control, and which you place in the room of a Child for the purpose of monitoring and listening-in to the Child.  You acknowledge and agree that your use of the Evoz Baby Monitor is subject to the terms and conditions that you entered into at the time of purchase.  “Device” means a mobile device, that you own and control, upon which you have installed an App, and which you place in the room of a Child and use to function in a manner that is substantially similar to the Evoz Baby Monitor.

7.2.         If you choose to receive Monitoring and Notification Services, you acknowledge and agree that (i) we may communicate with you by telephone, email, text message/SMS or other electronic means; and (ii) you may be charged the following amounts in connection with certain Monitoring and Notification Services: (a) such Evo fees as may be published on the Site (as amended from time to time); and (b) your telecommunications carrier’s or internet provider’s rates for telephone calls, text messages/SMS, data, internet access and other rates and fees.  We do not currently charge for receiving messages via text message/SMS.  However, you understand and agree that you may be charged for the cost of receiving text messages/SMS or other text messages according to your telecommunications carrier’s messaging, data and other rates and fees.

8. Payments. The Service may include the option to purchase certain products or services from us.  If you choose to purchase a product or service from us, you agree (i) that we (or one of our service providers) may charge your credit card for the purchase (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase; (ii) to only provide valid and current information for (a) yourself; or (b) another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of third-party service providers to process transactions on our behalf; (iv) that prices for products or services may change at any time; and (v) all purchases are final and non-cancellable or non-refundable.
9. Links. The Service includes links to third party websites that are not owned or controlled by Evo and may enable you to post Content to such third party websites.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You acknowledge and agree that you remain solely responsible for any Content that you may post to a third party website.  You expressly release Evo from any and all liability arising from your use of any third-party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you choose to post on or that you otherwise visit.
10. Information Description. We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Service (including, without limitation, any pricing) is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.  Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
11. Privacy. We will use any personal information that we may collect or obtain in connection with the Service in accordance with our privacy policy which is available at www.myevoz.com/privacy (“Privacy Policy“).  You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
12. Copyright and Content Policy. It is Evo’s policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at:www.myevoz.com/copyright (“Copyright Notice“).
13. Warnings. You acknowledge, understand and agree that:

13.1.       The Service and/or Evoz Baby Monitor is not a substitute for the responsible parental/adult supervision of a Child.

13.2.       The service and/or Evoz Baby Monitor are subject to technical or other faults and disruptions, both within and beyond our control (for example, an internet or telecommunications disruption or loss of electricity or battery).  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON THE SERVICE AND/OR EVOZ BABY MONITOR.

13.3.       The Device and/or Evoz Baby Monitor should not be placed in the same cot or bed as a Child; the recommended distance for optimal use is one (1) to eight (8) feet away from a Child.

13.4.       Any information that you obtain in connection with the Service (including, without limitation, in connection with the Monitoring and Notification Services and any data regarding the sleep patterns of a Child) is not intended to constitute medical advice.  IF YOU HAVE ANY CONCERN REGARDING THE SLEEP PATTERNS, HEALTH, BEHAVIOR, OR CONDUCT OF A CHILD WE ADVISE THAT YOU SEEK APPROPRIATE MEDICAL OR OTHER PROFESSIONAL ATTENTION.

14. Warranty Disclaimers

14.1.       THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  YOU AGREE THAT EVO WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (INCLUDING, WITHOUT LIMITATION, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS), ANY TELECOMMUNICATIONS CARRIER, AND/OR ELECTRICITY OR BATTERY OUTAGES.

14.2.       EVO DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON, OR FACILITATED VIA, THE SERVICE.  YOUR RELIANCE OR USE OF ANY SUCH CONTENT, PRODUCT OR SERVICE IS ENTIRELY AT YOUR RISK.  YOU SPECIFICALLY ACKNOWLEDGE THAT EVO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

14.3.       EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, EVO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE.

14.4.       YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS OF THE SERVICE (INCLUDING USERS TO WHOM YOU HAVE SENT A USER SUBMISSION) AS WELL AS ANY THIRD PARTY SERVICE PROVIDERS THAT YOU ENGAGE.  IF YOU HAVE A DISPUTE WITH ANY SUCH USER OR THIRD PARTY SERVICE PROVIDER, YOU AGREE THAT EVO IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE.  EVO RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

14.5.       EVO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, AND DISCLAIMS ANY LIABILITY, WITH RESPECT TO THE QUALIFICATIONS, EXPERIENCE, SUITABILITY, OR EXPERTISE OF ANY THIRD PARTY SERVICE PROVIDER THAT YOU MAY BE REFERRED TO IN CONNECTION WITH YOUR USE OF THE SERVICE AND THAT YOU CHOOSE TO ENGAGE OR INTERACT WITH.  YOUR INTERACTION WITH AND RELIANCE UPON ANY SUCH THIRD PARTY SERVICE PROVIDER IS ENTIRELY AT YOUR SOLE COST AND RISK.

15. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EVO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION,SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF EVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT EVO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO EVO FOR USING THE SERVICE WITHIN THE SIX (6) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Indemnity. You agree to defend, indemnify and hold harmless Evo, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your interaction with another Service user or third party service provider; or (v) any claim that one of your User Submissions caused damage to a third party.
17. Term and Termination. These Terms are effective until terminated by Evo or you.  Evo, in its sole discretion, has the right to terminate your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the Site Terms).  Evo shall not be liable to you or any third party for termination of the Service, or any part thereof.  If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.  Upon termination of these Terms, you shall cease all use of your Account and, if applicable, App.
18. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Evo without restriction or notification to you.
19. General. Evo reserves the right to discontinue or modify any aspect of the Service at any time.  The Site Terms and the relationship between you and Evo shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws.  You agree to submit to the personal and exclusive jurisdiction of the competent courts located in San Francisco, California and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Evo may seek injunctive relief in any court of competent jurisdiction.  This Section 19 and Sections 5 (Intellectual Property Rights), 6.3 (License), 11 (Privacy), 13 (Warnings), 14 (Warranty Disclaimers), 15 (Limitation of Liability) and 16 (Indemnity) shall survive termination of these Terms.  The Site Terms shall constitute the entire agreement between you and Evo concerning the Service.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated:  10 July 2011