Last updated: 1st April 2024

AGREEMENT TO OUR LEGAL TERMS

We are Everwise Books Ltd, doing business as Everwise ('Company', 'we', 'us', or 'our'), a company registered in the United Kingdom at 71-75 Shelton Street, London WC2H 9JQ.

We operate the mobile application Everwise (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can contact us by email at hello@everwise.co or by mail to 71-75 Shelton Street, London WC2H 9JQ, United Kingdom.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Everwise Books Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1.     OUR SERVICES

2.     INTELLECTUAL PROPERTY RIGHTS

3.     USER REPRESENTATIONS

4.     USER REGISTRATION

5.     PURCHASES AND PAYMENT

6.     CANCELLATION

7.     PROHIBITED ACTIVITIES

8.     USER GENERATED CONTRIBUTIONS

9.     CONTRIBUTION LICENCE

10.  GUIDELINES FOR REVIEWS

11.  MOBILE APPLICATION LICENCE

12.  SOCIAL MEDIA

13.  THIRD-PARTY WEBSITES AND CONTENT

14.  SERVICES MANAGEMENT

15.  PRIVACY POLICY

16.  COPYRIGHT INFRINGEMENTS

17.  TERM AND TERMINATION

18.  MODIFICATIONS AND INTERRUPTIONS

19.  GOVERNING LAW

20.  DISPUTE RESOLUTION

21.  CORRECTIONS

22.  DISCLAIMER

23.  LIMITATIONS OF LIABILITY

24.  INDEMNIFICATION

25.  USER DATA

26.  ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

27.  CALIFORNIA USERS AND RESIDENTS

28.  MISCELLANEOUS

29.  CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and

• download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@everwise.co.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

• Visa

• Mastercard

• American Express

• PayPal

• Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in EUR, USD or GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. CANCELLATION

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, please email us at hello@everwise.co.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to engage in activities such as systematically retrieving data to create a database, tricking or defrauding us and other users, circumventing security features of the Services, disparaging or tarnishing us and/or the Services, and using the Services in any manner that violates applicable laws or regulations.

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services.

When you create or make available any Contributions, you thereby represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize us to use your Contributions in any manner contemplated by the Services and these Legal Terms.

9. CONTRIBUTION LICENCE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use such Contributions in any manner contemplated by the Services and these Legal Terms.

10. GUIDELINES FOR REVIEWS

When posting a review, ensure it is based on firsthand experience, devoid of offensive language, discriminatory references, and illegal activity. Do not post false or misleading statements. We reserve the right to accept, reject, or remove reviews at our discretion.

11. MOBILE APPLICATION LICENCE

Access to our App is granted under a limited licence for personal, non-commercial use. Restrictions apply to the modification, adaptation, or hacking of the App, and any commercial use without permission is prohibited.

12. SOCIAL MEDIA

You may link your account with third-party service providers. By linking your account, you authorize us to access and use information from these accounts according to the privacy settings you've set with the third-party service.

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to third-party websites and content that are not owned or controlled by us. We are not responsible for the content or privacy practices of these third-party sites.

14. SERVICES MANAGEMENT

We reserve the right to monitor the Services for violations of these Legal Terms and take appropriate legal action, including restricting access or terminating the accounts of violators.

15. PRIVACY POLICY

Our Privacy Policy details how we handle the information you provide to us while using the Services. By using the Services, you consent to the data practices described in our Privacy Policy.

16. COPYRIGHT INFRINGEMENTS

We respect intellectual property rights and ask users to do the same. If you believe any material on the Services infringes upon your copyright, please contact us as outlined in our Legal Terms.

17. TERM AND TERMINATION

These Legal Terms remain in effect while you use the Services. We may terminate your access to the Services without notice for any breach of these terms.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify or discontinue the Services at any time without notice. We will not be liable for any modification, suspension, or discontinuance of the Services.

19. GOVERNING LAW

These Legal Terms are governed by the laws of the United Kingdom, excluding its conflict of law rules.

20. DISPUTE RESOLUTION

For users in the European Union, disputes may be submitted for online resolution to the European Commission's Online Dispute Resolution platform.

21. CORRECTIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time without prior notice.

22. DISCLAIMER

The Services are provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied.

23. LIMITATIONS OF LIABILITY

We will not be liable for any indirect, incidental, or punitive damages arising out of or related to your use of the Services.

24. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Services or your breach of these Legal Terms.

25. USER DATA

We will maintain certain data that you transmit to the Services for managing the performance of the Services, as well as data relating to your use of the Services.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Engaging with our Services electronically constitutes your agreement to receive communications from us electronically and to transact business electronically.

27. CALIFORNIA USERS AND RESIDENTS

California users are provided with specific rights regarding their personal information under the California Consumer Privacy Act (CCPA).

28. MISCELLANEOUS

These Legal Terms and any policies posted by us on the Services constitute the entire agreement between you and us concerning the Services.

29. CONTACT US

For any questions or comments about the Services or these Legal Terms, please contact us at:

Everwise Books Ltd
71-75 Shelton Street
London WC2H 9JQ
United Kingdom
hello@everwise.co