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, the Ellu App, any Updates (as defined below) and other 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, it is important to remember that we remain the owners of the Ellu Software and our Website.
Information about us
You can contact us by writing to us at firstname.lastname@example.org.
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. See Compatibility Requirements: http://mmuuy.wzhjf.servertrust.com/Articles.asp?ID=259 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, making your location known through GPS or other means on your device, and having a minimum amount of memory on your equipment or device.
Key terms and how the agreement is formed
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.
Password and Account Protection. We encourage you to use unique numbers, letters, and special characters in setting your account password. Do not disclose your passcode to anyone.
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 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 email@example.com). If your password has been compromised for any reason, you should immediately change your password and notify us if you need assistance. You can change your password at any time in your account information.
What terms apply if you buy the Ellu Products and Services from us directly?
If you place an order for Ellu Products and Services from us directly, there are other terms that govern our relationship in respect of that transaction – please see our Terms of Sale for the terms that apply when you purchase 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.
Intellectual property rights
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
The Ellu Software is “digital content” for the purposes of the Consumer Rights Act 2015 (the “CRA”). Although we do not charge you for it, as this “digital content” is being supplied to you in connection with a physical product (the Ellu Band) for which a price is payable, under the CRA, it must be as described, fit for purpose and of satisfactory quality.
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 any 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
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.
Because our product relies on Bluetooth, the Internet and Servers, occasional loss of service is foreseeable. We will not be liable to you if you believe the Ellu Service is working but that service has been interrupted for any reason. Interruptions in service will 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.
Upon such termination for any reason:
How we may use your personal information
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.
“User Content” means any and all information and content that you submit to, or use with, the Ellu Service (e.g., streamed audio or data). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.
How User Content cannot be used. You confirm and promise to us: that your User Content does not and will not violate our Acceptable Use Policy (see below at the section titled Acceptable Use Policy). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Ellu. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.
Backing up User Content. Ellu is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
* irrevocable – once agreed, you cannot remove or restrict our right to use your User Content as described above;
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Ellu website if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing and delivering the following DMCA Notice of Alleged Infringement to our Designated Copyright Agent. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”:
Protection of our systems. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Ellu Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Ellu Service unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Ellu Service to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Ellu Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Ellu Service (or to other computer systems or networks connected to or used together with the Ellu Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Ellu Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Ellu Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Ellu Service.
Feedback. If you provide Ellu with any feedback or suggestions regarding the Ellu Service (“Feedback”), you hereby transfer to Ellu all rights in such Feedback. You also agree that Ellu shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate.
Third Party Services
Third-Party Links & Ads. The Ellu Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Ellu Service contains links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse or make any promises with respect to Third-Party Links & Ads.
Apple Sourced Apps
When you access the Ellu App through, or download it from, the Apple App Store (an “App Store Sourced Application”), the following terms apply:
Other important terms
You agree that any dispute between you and Ellu arising out of or relating to these Terms of Service, the Ellu Service, or any other Ellu products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.