Terms of use

Your privacy and personal information are important to us. Your use of the geo Digital Content is subject to our Services Privacy Policy, available at www.geotogether.com/terms-policies/ and incorporated by reference.

Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

By using the geo App or any of the geo Digital Content, you consent to us collecting and using technical information about the devices you use and related software, hardware and peripherals for the geo services that are internet-based or wireless to improve our products and to provide any services to you.

2.1 The geo Services may require a recent computer or device, internet access and compatible operating system (‘Device’) and we will let you know if your Device will need updating if we supply upgrades to our software. If your Device does not support an upgrade, this could affect or disable important functionality. Before you download any Digital Content, please check that the hardware and software requirements of your computer or device mean that you can download the geo Digital Content.

2.2 We do not guarantee that the geo Services, or any content on it will always be available or operate without interruption. Access to the geo Services is permitted on a licensed basis and we may suspend, withdraw, discontinue or change any part of the geo Services without notice.

2.3 You must not use any other person’s user ID or password to access their account for geo Services provided to them. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly reset your user identification code and/or password and notify us by email at dpo@geotogether.com.

2.4 You are responsible for making all arrangements (including, but not limited to Internet connectivity) necessary for you to have access to the geo Services you wish to use.

2.5 We reserve the right to restrict access to areas of the geo Services. If we provide you with a user ID and password to enable you to access restricted areas of the geo Services, you must ensure that your user ID and password is kept confidential. You are responsible for any geo Services activity arising out of any failure to keep your password confidential.

2.6 If you are under the age of 13 you should not download the geo App.

2.7 The original version of these terms is in the English language. If you are reading these terms in a language that is not the English language, the English language version will prevail in the event of any inconsistencies.

3.1 When you download or use the geo Digital Content, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract. In return for you agreeing to abide by the terms of this Licence, we grant you a non-transferable, non-exclusive licence to use the geo Services, subject to these terms, the Privacy Policy and the Appstore rules (where applicable), incorporated into this Licence by reference. We reserve all other rights.

3.2 The Digital Content:

(a) is personal to you. You can use it wherever you want in the world but only if you comply with local laws;

(b) is non-exclusive to you. We may supply the same or similar geo Digital Content to other users;

(c) may not be:

i) copied by you except for a reasonable number of necessary back-ups;

ii) changed by you (which means that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);

iii) combined or merged with, or used in, any other computer program;

iv) distributed or sold by you to any third party;

(d) contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.

3.3 Except where you have permission to use the geo Digital Content under this clause 3, you will not obtain any rights of ownership or other rights (of whatever nature) in the geo Digital Content or in any copies of it.

4.1 You acknowledge that all intellectual property rights in the geo Digital Content belong to us or our licensors; that rights in the geo Digital Content are licensed (not sold) to you; and that you have no rights in, or to, the geo Digital Content, other than the right to use each of them in accordance with the terms of this Licence.

4.2 You acknowledge that you have no right to have access to the geo Digital Content in source-code form.

4.3 ‘Green Energy Options’, ‘geo’, ‘energynote’, ‘Cosy’, ‘Waterlock’,‘Tempo’, ‘Trio’,‘Solo’, ‘Chorus’, ‘Ensemble’, ‘Hybrid Home’ and the associated logos are registered and/or unregistered trade-marks belonging to us. We give no permission for the use of these names, and such use may constitute a breach of our rights.

4.4 Any other registered and unregistered trade-marks or service marks displayed within the geo Digital Content are the property of their respective owners. Unless stated otherwise, we do not endorse and are not associated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

5.1 You must not use the geo Digital Content in any way which:

(a) is unlawful, for any unlawful purpose, or in any manner inconsistent with this Licence;

(b) is fraudulent or malicious, for example, hacking into or inserting malicious code, including viruses, Trojan horse, spyware, worm, keystroke logger, rootkit or harmful data, into the geo Digital Content or any operating system;

(c) infringes our intellectual property rights or those of any third party, including the submission of any material (to the extent that such use is not licensed by this Licence);

(d) involves transmission of any material that is defamatory, offensive, obscene, indecent or otherwise objectionable;

(e) involves transmission of unsolicited commercial communications or other marketing without our express written consent;

(f) infringes any right of confidence, right of privacy, or right under the General Data Protection Regulation (EU) 2016/679;g) could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(g) involves data collection (including without limitation scraping, data mining, data extraction and data harvesting) of any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Whilst we endeavour to deliver a service that meets or exceeds your expectations, we do not warrant the completeness or accuracy of the information published within the geo App or any other geo Services or geo Digital Content; nor do we commit to ensuring that the geo App or any other geo Services remains available; that the geo App or other geo Services will be free from viruses or other harmful code (for which you are responsible for using your own virus protection); or that the material in the geo App or other geo Services is kept up-to-date. Your statutory rights under the Consumer Rights Act 2015 are not affected.

7.1 Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

7.2 To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the geo Services.

7.3 We only supply the geo Services for domestic and private use. You agree not to use the geo Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or other indirect or consequential losses including where we modify, suspend or discontinue the geo Services pursuant to clause 8.3.

7.4 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Licence or our negligence up to the limit of the sum you paid for the geo product or paid for geo Services (for the duration of default only) to which the geo Services are intended to relate, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Licence.

7.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.6 The geo Services may be temporarily unavailable if we have to carry out routine or emergency maintenance. We will try to inform you in advance but it may not always be possible to do so.

7.7 We will not be responsible and no refund for paid services (where applicable) will be given if:-

(a) your broadband Internet connection to your home or Device is not sufficient to support the geo Services;

(b) you experience problems with your Device or Internet connection;

(c) you incur any costs as a result of exceeding the permitted data limit of your broadband or Device;

(d) you suffer any loss or damage caused as a result of anyone else having unauthorised use of your Device;

(e) you suffer any loss or damage caused by downloading any updated geo App or other geo software.

8.1 Without affecting our other rights under this Licence or law, if you breach this Licence, or if we reasonably suspect that you have breached this Licence in any way, we may (at our sole discretion):

(a) send you one or more formal warnings;

(b) temporarily or permanently suspend or terminate your access (or access of any Device using your IP address) to the geo Services;

(c) bring court proceedings against you for breach of contract or otherwise; or

(d) suspend and/or delete your account.

8.2 On termination for any reason; all rights granted to you under this Licence shall end; you must immediately stop all activities authorised by this Licence, including your use of any geo Services; and you must immediately delete or remove the geo software from all Devices, and immediately destroy all copies of the geo software then in your possession, custody or control and certify to us that you have done so.

8.3 Where we suspend, prevent or block your access to the geo Services (or any part of them), you must not take any action to circumvent such suspension or blocking (including, but not only, by creating and/or using a different account).

8.4 We will be entitled to hold you responsible to reimburse us for the consequences we suffer or incur including losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) arising out of any material breach by you of any provision of this Licence, or arising out of any claim that you have materially breached any provision of this Licence.

9.1 We may change the terms of this Licence on notice at any time by sending you an email or SMS with details of the change or notifying you of a change when you next use the geo Services or log onto one of our websites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the geo Services.

9.2 From time to time updates to the geo App may be issued through the Appstore. Depending on the update, you may not be able to use the geo Services until you have upgraded your Device and downloaded the latest version of the geo App and accepted any new terms.

9.3 We may at any time without any liability to you modify, suspend or discontinue the supply of the geo Services or any part thereof to you without notice, however notice may be given by email or posted on the website at our discretion.

9.4 To avoid faults in the geo Digital Content, you must:

(a) install any fixes, updates, new releases as soon as reasonably possible after we tell you that they are available to be downloaded; and

(b) use it only on the recommended third-party software and equipment;

Some geo Services may contain links to other independent third-party websites. Third-party sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any third-party sites, including the purchase and use of any products or services accessible through them.

11.1 We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Licence without notifying you or obtaining your consent.

11.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Licence.

11.3 If we fail to insist that you perform any of your obligations under this Licence, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.4 If a provision of this Licence is found by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in force. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in force.

11.5 This Licence is for the benefit of you and us, and is not intended to benefit any third party or be enforceable by any third party.

11.6 This Licence, together with our Privacy Policy and any Appstore rules, constitutes the entire agreement between you and us in relation to your use of the geo Services, and supersedes all previous agreements in respect of your use of the geo Services.

12.1 This Licence will be governed by and construed in accordance with English law.

12.2 If you are a consumer, any disputes relating to this Licence will be subject to the non-exclusive jurisdiction of the courts of England (though residents of Northern Ireland or Scotland may bring proceedings in that jurisdiction).

12.3 If you are a business, you may not use the geo Services and this Licence may not be enforced by you against geo.

13.1 In this Licence the words shall have the meanings set out below:-

“geo Services” means all services licensed to you from time to time by geo including but not limited to downloadable and non-downloadable Apps, access to geo’s APIs and messaging and notification services including email and SMS.

“geo App” means the software program designed by geo which can run on the Internet, on your computer or other electronic device.