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Terms & Conditions

By installing the Ellu App, or using the Ellu Band or its Service, you agree that these Terms of Use will represent a legally binding contract between you and us in relation to our provision of the Ellu Products and Services. Please read it carefully before proceeding to use Ellu Products and Services.

These terms of use (“Terms of Use”) are a legal agreement between you (“Customer” or “you”) and Pax Bands Ltd of 4 Cresswell Gardens, London, England, SW5 0BJ dba the Ellu Company (“Ellu”, “us” or “we”) for:

Our “Website” means www.ellucompany.com or any subsequent web address to which we move our primary site.

When we refer to the “Ellu Service”, we are referring to the Ellu Software, the Ellu Band itself, our Website, any Updates (as defined below) and another associated services relating to the Ellu Band that we may provide to you from time to time.

Although you own any Ellu Band you purchase from one of our authorised distributors or directly from us pursuant to our Terms of Sale ), it is important to remember that we remain the owners of the Ellu Software and our Website.

We recommend that you print a copy of these Terms of Use for your future reference.

Information about us.

You can contact us email customer service team by writing to us at support@ellucompany.com.

What do you need in order to use the Ellu Service?

In order to use the Ellu Service you need to ensure that you have a device which meets the compatibility requirements outlined from time to time. You should be aware that these compatibility requirements may change from time to time as we upgrade the Ellu Service, so you should check them regularly to see what they are.

Examples of compatibility requirements we might set include: having access to the Internet, mobile connection & Bluetooth connection, running a particular operating system (or version of that operating system) on your equipment or device, and having a minimum amount of memory on your equipment or device.

Key terms and how the agreement is formed.

What to do if you don’t want to accept these Terms of Use?

If you do not agree to these Terms of Use, we will not license the Ellu Service to you and you must either stop the download process or, if any part of the Ellu Service has been installed on your device, immediately uninstall it. In either case, you must immediately stop using the Ellu Service.

Accounts.

Account Creation.

In order to use certain features of the Ellu Service, you must register for an account (“ Account”) and provide certain information about yourself as prompted by the account registration form. 

Accurate and up-to-date Information.

All the registration information you submit must be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information on your Account to maintain its accuracy.

What to do if you want to delete your account

You can delete your Account at any time, for any reason, by following the instructions on the Website.

You are responsible for your Account

You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your username and password). Accordingly, you are responsible for all activities that occur under your Account. 

What to do if you become aware of, or suspect, unauthorised use of your Account.

You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of security. (Reach us at support@ellucompany.com)

The Licence.

Ellu hereby grants you a non‑exclusive, non-transferable licence to use the Ellu Service subject to these Terms of Use.

Please note that from time to time updates to the Ellu App may be issued through the Appstore or the Google Play Store– or we may issue updates, “patches” and corrections of errors to the Ellu Software or any other elements of the Ellu Service [(including firmware updates for your Ellu Band)] (collectively, “Updates” and each an “Update”). Depending on the nature of the particular Update, you may not be able to use the Ellu Service until you have downloaded the latest version of the relevant element of the Ellu Service and accepted any new terms that might accompany it

Please note that if any open-source software is included in any part of the Ellu Service, the terms of an open-source licence may override some of the terms of these Terms of Use.

What terms apply if you buy the Ellu Products and Services from us directly?

If you place an order for a Ellu Products and Services from us directly, there are other terms that would govern our relationship in respect of that transaction – please see our Terms of Sale for the terms that apply when you purchase a Ellu Products and Services from us via our Website.

How can you use the Ellu Service?

You may only install and use the Ellu Service for your personal, non-business and non‑commercial purposes.

You may:

(a) only use the Ellu App in accordance with any rules or policies applied by the Appstore and the Google Play Store from which you downloaded the Ellu App.

(b) provided you comply with the provisions in paragraph (a) in the Restrictions section below, make up to two copies of the Ellu Software for back-up purposes only;

(c) receive and use Updates as we may provide from time to time – please note, these Updates will not materially impair the operation of the Ellu Service as described in the Documentation.

Restrictions.

Your right to use the Ellu Service is subject to certain restrictions. These are listed and, where necessary, explained below. Accordingly, except as expressly set out in these Terms of Use or as permitted by any local law, you undertake:

(a) not to copy the Ellu Service except where such copying is incidental to normal use of Ellu Service or where it is necessary for the purpose of back-up or operational security;

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Ellu Service;

(c) not to make alterations to, or modifications of, the whole or any part of the Ellu Service nor permit the Ellu Service or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Ellu Service nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988 or equivalent applicable local law in your jurisdiction) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Ellu Service with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving inter-operability of the Pax Band Software with another software program;

(ii) is not disclosed or communicated without the Ellu’s prior written consent to any third party to whom it is not necessary to disclose or communicate it; and

(iii) is not used to create any software which is substantially similar to the Ellu Service;

(e) to keep all copies of the Ellu Service secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Ellu Service;

(f) to include our copyright notice on all entire and partial copies of the Ellu Service (or any element thereof) in any form;

(g) not to provide, or otherwise make available, the Ellu Service in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person; and

(h) to comply with all applicable technology control or export laws and regulations.

Use your Ellu Band sensibly! Although not a legal “restriction” on how you can use the Ellu Service, we recommend that you should not use your Ellu Band in circumstances where doing so would be dangerous – for example, when you are driving a

Intellectual property rights.

The intellectual property rights in the Ellu Service are only licensed to you; they are not being sold or transferred to you. This means that you have no rights in, or to, the Ellu Service other than the right to use them in accordance with these Terms of Use.

You acknowledge that all such intellectual property rights in the Ellu Service throughout the world belong either to us or our licensors (as the case may be).

You acknowledge that you have no right to have access to the Ellu Service in source code form or in unlocked coding or with comments, or any other human-readable form.

Summary of your key legal rights

What happens if there is a fault with the Ellu Software?

What happens if there is a fault with your Ellu Band?

If you purchase a Ellu Products and Services from us directly, we may have entered into a contract of sale with you for that Ellu Products and Services– please review our Terms of Sale ) for further information on the terms that apply to and govern that transaction.

If you have bought your Ellu Products and Services from one of our distributors or any other third party, you should contact them directly to discuss your rights under the CRA in relation to the contract of sale you may have entered into with them

Our responsibility for loss or damage suffered by you.

The Ellu Service is not bespoke to you.

You acknowledge that the Ellu Service has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Ellu Service meet your requirements.

We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms of Use are entered into, both we and you knew it might happen

When are we liable for damage caused by a defect in the Ellu Service?

If the Ellu Service damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an Update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses.

We only supply the Ellu Service for your domestic and private use. If you use the Ellu Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

What we do not exclude.

Nothing in these Terms of Use shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability that cannot be excluded or limited by English law.

Terminating the Terms of Use.

We may terminate these Terms of Use immediately by written notice to you if you commit a material or persistent breach of these Terms of Use which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

Upon such termination for any reason:

(a) all rights granted to you under these Terms of Use shall cease;

(b) you must cease all activities authorised by these Terms of Use; and

(c) you must immediately delete or remove the Ellu Software from all equipment in your possession (including uninstalling the Ellu App) and immediately delete or destroy all copies of any element of the Ellu Service then in your possession or control.

How we may use your personal information.

General.

We will use the personal information you provide to us:

(a) to supply the Ellu Service to you;

(b) to process your download of the Ellu Software; and

(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

Location Data.

Collecting your location data is a core part of the Ellu Service. This means that certain elements of the Ellu Service will make use of location data sent to us from the Ellu and certain other pieces of your equipment on which you install or access the Ellu Service. You can turn off this functionality at any time by turning off the location services settings for the Ellu App on your device and/or equipment. However, if you do disable the collection of your location data, a large number of the elements of the Ellu Service will not be able to operate and you will lose some of the core benefits of using it. If you use the Ellu Service, and do not disable the collection location data, you consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on your device or other equipment.

Privacy Policy

This privacy policy (“Policy”) describes how Pax Bands LTD dba the Ellu Company (“Ellu”) and its related companies collect, use and share personal data of users of this website, www.ellucompany.com. Please take a moment to read this Policy which explains how we collect, use, disclose and transfer the personal information that you provide to us on our websites or mobile applications, when you visit our site.

By visiting our site and providing us with your personal data, you acknowledge and agree that your personal data may be processed for the purposes identified in this Policy. You can find out more about Ellu and the Terms of Use for using our site.

who are we & contact Information

Pax Bands LTD dba the Ellu Company is a company with registered offices at 4 Cresswell Gardens, SW5 0BJ, London, UK .

We welcome your comments about this Policy. If you have any questions about how we use your personal data, please do not hesitate to contact us at: E-mail: info@ellucompany.com

what we collect

We obtain information about you in a range of ways:

Information You Give Us.

We collect your name, postal address, email address, phone number, username, password and demographic information (such as your gender and occupation) as well as other information you directly give us on our site. In addition, we may also collect personal information from you when you correspond with use (for example, when you send us e-mail communications or letters, or by telephone).

Information We Get From Others.

We may get information about you from other sources. We may add this to information we get from this site.

Information Automatically Collected.

We automatically log information about you and your computer. For example, when visiting our site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our site.

cookies

Our site (like most platforms) uses cookies and other similar technology such as ‘web beacons’.

What are Cookies?

Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a website or mobile application. Cookies are then sent back to the originating site on each subsequent visit, or to another site that recognises that cookies. You can find out more information about cookies at www.allaboutcookies.org.

Cookies are widely used in order to make sites work, or to work more efficiently, as well as to provide information to the owners of the platform.

We use cookies to enhance the online experience of our visitors (for example, by remembering your language and/or product preferences) and to better understand how our site is used. Cookies may tell us, for example, whether you have visited our site before or whether you are a new visitor. They can also help to ensure that adverts you see online are more relevant to you and your interests.

Types of Cookies

There are two broad categories of cookies:

First Party Cookies, served directly by [name of business] to your computer or mobile device. They are used only by [name of business] to recognise your computer or mobile device when it revisits our site.

Third party cookies, which are served by a service provider on our site, and can be used by the service provider to recognise your computer or mobile device when it visits other sites. Third party cookies are most commonly used for platform analytics or advertising purposes.

Cookies can remain on your computer or mobile device for different periods of time. Some cookies are ‘session cookies’, meaning that they exist only while your browser is open. These are deleted automatically once you close your browser. Other cookies are ‘permanent cookies,’ meaning that they survive after your browser is closed. They can be used by the site to recognise our computer or mobile device when you open your browser and browse the Internet again.

What cookies do we use?

Our Site uses the following types of cookies:

Analytics Cookies

These cookies are used to collect information about how visitors use our site. The information gathered does not identify any individual visitor and is aggregated. It includes the number of visitors to our site, the sites that referred them to our site and the pages that they visited on our site.

We use this information to help operate our site more efficiently, to gather broad demographic information and to monitor the level of activity on our site.

Performance Cookies

These cookies collect information about how visitors use the site, so that we can analyse traffic and understand how our visitors use our sites. [We use [Google Analytics] for this purpose. Google Analytics uses its own cookies. These cookies don’t collect information that identify a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the site works. You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies You can avoid the use of Google Analytics relating to your use of our site by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB

Further detailed information about the specific cookies used on this site and the third parties who serve them can be found in our cookie consent tool. You can use this cookie tool to control your cookie preferences.

How to control or delete cookies

You have the right to choose whether or not to accept cookies and we have explained how you can exercise this right below. However, please note that if you do not accept our cookies, you may experience some inconvenience in your use of our site.

You can set your cookie preferences by using our cookie consent tool or by changing your browser settings so that cookies from this site cannot be placed on your computer or mobile device. In order to do this, follow the instructions provided by your browser (usually located within the “help” “tools” or “Edit” facility).

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.

Pixel Tags

We may also use pixel tags (which are also known as web beacons and clear GIFs) on our site to track the actions of users on our site. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of the site, so that we can manage our content more effectively. The information we collect using pixel tags is not linked to our users’ personal data.

IP Addresses

We may collect information about your computer or mobile device, including where available your IP address, operating system, log in times and browser type. We use this information to better understand how visitors use our site and for internal reporting purposes. We may anonymise and share this information with advertisers, sponsors and/or other businesses.

Use of personal data

We use your personal data for the following purposes:

sharing of personal data

We do not rent, sell or share personal information about you with other people or non-affiliated companies outside Ellu except under the following circumstances:

We may also share aggregated and/ or anonymised data with others for their own uses.

international transfer of personal data

Your personal data may be collected, processed and/or otherwise transferred outside the European Economic Area and may be processed not only in the country in which it was collected but also in other countries, including the United States, where data protection and privacy laws and regulations may not offer the same level of protection as in other parts of the world. By providing your personal data to us, you consent to such transfer, collection and/or processing in the United States of your personal data, which includes the use of cookies as described in this Policy, which includes the use of cookies as described in this Policy.

protecting your information

We want you to feel confident about using our site, and we are committed to protecting the personal information we collect. We limit access to personal information about you to employees who reasonably need access to it, to provide products or services to you or in order to do their jobs. We have appropriate technical and organisational physical, electronic, and procedural safeguards to protect the personal information that you provide to us against unauthorised or unlawful processing and against accidental loss, damage or destruction.

rentention period

We will retain your personal data for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

how to edit, delete or access your personal data

You have the right to ask for a copy of any personal information that we hold about you in our records, to correct any inaccuracies and to update any out of date information. You can also ask us not to send you direct marketing communications (however please note that we may continue to send you service related (i.e. non-marketing) communications, such as email updates). If you wish to exercise any of these rights, or wish to object to our use of your personal information, please write to us at the address given above.

children

This site is not directed at anyone who we know to be under the age of 13, nor do we collect any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should not use the platform and should not submit any personal information to us.

changes to this policy

From time to time we may change this Policy. If we make any changes, we will change the Last Updated date above. If you do not agree to these changes, please do not continue to use our site. If material changes are made to this Policy, we will notify you by email or by placing a prominent notice on the site.