Ezysphere · Legal

Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Ezysphere Limited. They govern your use of our website and of every application we publish, and they include the licence under which we let you use our software. Please read them.

Please read these clauses in particular

Clause 9 (outputs are estimates), clause 17 (disclaimer of warranties), clause 18 (limitation of liability), clause 19 (indemnity) and clause 20 (governing law and dispute resolution) limit our obligations to you, allocate risk between us, and affect how any dispute is resolved. Clause 20 requires most disputes to be resolved by arbitration on an individual basis rather than in court. Nothing in these Terms removes a right you have under consumer law that cannot be excluded - see clause 21.

1. Agreement and acceptance

1.1 By downloading, installing, accessing or using any Ezysphere application, or by using ezysphere.com, you agree to these Terms. If you do not agree, do not use the Services - and if you have already installed an App, uninstall it.

1.2 These Terms incorporate by reference our Privacy Policy and any App-specific terms published for a particular App. Where App-specific terms conflict with these Terms, the App-specific terms prevail for that App only, and only to the extent of the conflict.

1.3 If you are entering into these Terms on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation.

1.4 These Terms are between you and Ezysphere Limited only. They are not an agreement with Google, Apple, Microsoft or any other platform, except as stated in clause 14.

2. Definitions

3. Eligibility and age

3.1 You must be at least 13 years old to use the Services. If you are in the European Economic Area or the United Kingdom, you must be at least 16, unless a parent or guardian provides consent where the applicable law permits.

3.2 If you are under 18, you may use the Services only with the consent and supervision of a parent or guardian, who accepts these Terms on your behalf and is responsible for your use of the Services and for any charges you incur.

3.3 Snap Pattern is restricted to persons aged 18 or over. Its App-specific terms set out additional requirements about photographs.

3.4 You must not use the Services if you are barred from doing so under any applicable law, or if we have previously terminated your access.

4. Licence to use the Apps

4.1 Subject to your compliance with these Terms, Ezysphere grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use one copy of each App on a device you own or control, for your own personal or internal business purposes.

4.2 This is a licence, not a sale. Ezysphere and its licensors retain all right, title and interest in the Apps and the Services. No rights are granted except those expressly stated here.

4.3 The licence ends automatically if you breach these Terms, and continues only while these Terms are in force. Where you obtained an App through an app store, the store's own end-user rules also apply, and where they are stricter, they control your use of that copy.

4.4 Updates, upgrades and new versions are covered by these Terms unless they come with separate terms.

5. What you may not do

You must not, and must not permit anyone else to:

Responsible security disclosure

If you find a security vulnerability, tell us at apps@ezysphere.com before disclosing it publicly. We will not pursue a claim against anyone who investigates and reports a vulnerability in good faith, without accessing or exfiltrating other people's data, without degrading the service, and who gives us a reasonable time to fix it.

6. Your account

6.1 Most Apps work without an account. Where you create one, you must give accurate information and keep it up to date.

6.2 You are responsible for keeping your credentials confidential and for everything done under your account. Tell us promptly at apps@ezysphere.com if you suspect unauthorised use.

6.3 One account per person. You must not share, sell or transfer your account, or create an account on behalf of someone else without their authority.

6.4 You may close your account at any time through the App or our data request page. Closing an account forfeits any unused Points and any unexpired portion of a non-refundable subscription, except where the law provides otherwise.

7. Your content

7.1 You own Your Content. We claim no ownership of the images, documents, files, measurements or text you put into the Services.

7.2 You grant Ezysphere a worldwide, royalty-free, non-exclusive licence to host, store, transmit, reproduce and process Your Content solely to the extent necessary to operate the Services and deliver the feature you asked for - for example, to send a floor plan to our processing service and return a bill of quantities. That licence is limited to that purpose, lasts only as long as we need it for that purpose, and ends when Your Content is deleted.

7.3 We do not use Your Content to train machine-learning models, and we do not use it for advertising or disclose it for any purpose unrelated to providing the Services.

7.4 You warrant that you own or have all necessary rights and permissions to Your Content, that it does not infringe anyone's rights, and that its use in the Services does not break any law. This matters most where content depicts or concerns another person: you must have their informed consent.

7.5 We do not routinely monitor Your Content, and we are not obliged to. We may remove content or suspend access where we reasonably believe it breaches these Terms or the law, or where we receive a valid legal notice.

7.6 Keep your own copies. The Services are not a backup service. You are responsible for maintaining independent copies of anything you cannot afford to lose.

8. Acceptable use

You must not use the Services to store, generate, transmit or share anything that:

9. Outputs, estimates and results

This is the clause that matters most in practice

Every Output produced by the Services is an estimate or an aid to your own judgement - not professional advice, not a certified measurement, and not a guarantee of any outcome.

9.1 Outputs are computed from the inputs you supply - a photograph, a dimension, a stated height, a filter. They inherit any error, ambiguity or omission in those inputs, and they depend on conditions we cannot observe: lighting, camera angle, site conditions, a plan drawn out of scale, a third party's published information being wrong.

9.2 You must verify any Output before relying on it. That applies with particular force before you purchase materials, cut fabric, price a tender, sign a contract, commence construction, submit an application, or meet a deadline.

9.3 The Services do not provide professional, engineering, architectural, surveying, quantity-surveying, structural, safety, medical, financial, immigration, admissions or legal advice, and no professional relationship is created by your use of them. Where a matter calls for a qualified professional, engage one.

9.4 To the maximum extent permitted by law, Ezysphere accepts no liability for any loss, cost, delay, wastage, rework, missed opportunity or damage arising from reliance on an Output, or from any inaccuracy, incompleteness or unavailability of an Output. This does not limit any liability that cannot lawfully be limited - see clause 18.

9.5 Where an App presents a confidence level, a warning or a caveat alongside an Output, that is part of the Output. Ignoring it is your decision and your risk.

9.6 Where an App aggregates information published by third parties - for example scholarship listings - we do not control, verify, endorse or guarantee that information, and it may be inaccurate, incomplete, superseded or withdrawn without notice. Always confirm it against the official source.

10. Points and virtual items

10.1 Points are a limited, revocable licence to use a feature within an App. They are not money, not a stored-value instrument, not a security, not a cryptocurrency, and have no cash value.

10.2 Points are personal to your account or device. They cannot be transferred, sold, gifted, exchanged between Apps, or redeemed for cash, and they cannot be inherited.

10.3 We may change the number of Points a feature costs, the size of any free monthly allowance, and how Points are earned. Where a change materially reduces the value of Points you have already paid for, we will give reasonable advance notice.

10.4 Points may expire where an App says so. Unused Points are forfeited when you close your account or when we terminate it for breach.

10.5 We may reduce, suspend or cancel Points obtained through error, fraud, referral manipulation, exploitation of a bug, or breach of these Terms, and may recover the value of any feature obtained with them.

10.6 Points that are earned - through rewarded ads, streaks, referrals or engagement - are promotional, are granted at our discretion, and are not purchased. Nothing in this clause affects your rights in respect of Points you actually paid for.

11. Purchases, subscriptions and refunds

11.1 How you pay

Depending on the App and your region, payment is taken either through an app store (Google Play, the Apple App Store or the Microsoft Store) or through a payment provider (Flutterwave for international cards, Paystack for naira). Card details are entered with, and held by, that provider. We never see or store them.

11.2 Prices and taxes

Prices are shown before you confirm and are stated in the currency displayed. Prices may include or exclude value-added tax, sales tax or other duties depending on your jurisdiction; where tax is added, it is shown before you confirm. You are responsible for any tax that applies to you and that we are not required to collect. Your bank or card issuer may apply a currency conversion or cross-border fee that we neither set nor receive.

11.3 Subscriptions and automatic renewal

11.4 Refunds

11.5 Chargebacks

If you initiate a chargeback or payment dispute instead of contacting us, we may suspend your account and reverse the Points or entitlement in question while the dispute is resolved. We would much rather you emailed us first.

12. Advertising

12.1 Some Apps display advertising, including rewarded ads you may choose to watch in exchange for Points. Watching is always optional.

12.2 Advertisements are supplied by third-party networks. We do not endorse, verify or take responsibility for advertised products, services or advertiser conduct, and any dealing you have with an advertiser is between you and them.

12.3 Ad availability, fill rate and reward eligibility are determined by the ad network, not by us. We do not guarantee that a rewarded ad will be available when you want one. We may withhold a reward where an ad view appears to be fraudulent or automated.

13. Third-party services and platforms

13.1 The Services depend on third parties - app stores, hosting providers, authentication and database providers, payment providers and ad networks. Their availability, performance and terms are outside our control.

13.2 Your use of a third-party service through an App is also governed by that third party's terms and privacy policy. Where a payment provider or store declines or reverses a transaction, that decision is theirs.

13.3 Links from the Services to third-party websites are provided for convenience. We do not control them, do not endorse them, and are not responsible for their content, accuracy, security or practices.

14. Additional terms for Apple devices

Where you obtained an App from the Apple App Store, the following apply and prevail over any conflicting provision of these Terms:

15. Intellectual property and feedback

15.1 The Services, their software, design, interfaces, text, graphics, and the names "Ezysphere", "Build Estimate", "EzyNotify", "EzyPlayer", "ShareOps", "AI Trivia", "Grid Shooter", "Snap Pattern" and "Assist Scholar", together with our logos, are owned by Ezysphere or its licensors and are protected by copyright, trade mark and other laws.

15.2 Third-party names and marks that appear in the Services are the property of their owners and are used only to identify those parties. Their appearance does not imply any affiliation with or endorsement by them.

15.3 Feedback. If you send us suggestions, ideas or feature requests, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction, obligation or compensation. Do not send us anything you consider confidential or want to be paid for.

15.4 Infringement notices. If you believe content in the Services infringes your intellectual property, email apps@ezysphere.com with: the work concerned, where the infringing material is, your contact details, a statement of good-faith belief that the use is unauthorised, a statement that the information is accurate, and your signature. We will investigate and, where appropriate, remove the material. We terminate the accounts of repeat infringers.

16. Availability, changes and termination

16.1 We aim to keep the Services running, but we do not guarantee uninterrupted or error-free availability. Features that need a network connection or a third-party service will not work when those are down. We offer no service level commitment unless we have signed a separate written agreement with you.

16.2 We may add, change, suspend or discontinue any feature, App or the Services as a whole. Where we discontinue a paid feature you are currently paying for, we will give reasonable notice and, where you have paid in advance for something you can no longer use, a pro-rata refund of the unused portion.

16.3 Features marked beta, preview or experimental are provided for evaluation, may be changed or withdrawn without notice, and are excluded from any commitment we make elsewhere.

16.4 We may suspend or terminate your access immediately where you materially breach these Terms, where we are required to by law, or where continued access poses a security or legal risk. Where it is reasonable and lawful to do so, we will tell you why and give you a chance to put it right.

16.5 You may stop using the Services at any time by uninstalling the Apps and, if you wish, requesting deletion of your data.

16.6 On termination, your licence ends and you must stop using the Services. Clauses 5, 7.4, 9, 10.2, 15, 17, 18, 19, 20, 21 and 24 survive termination, together with any other provision that by its nature should survive.

17. Disclaimer of warranties

17.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

17.2 To the maximum extent permitted by law, Ezysphere and its suppliers disclaim all warranties, conditions and representations, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement, and any warranty arising from a course of dealing or usage of trade.

17.3 Without limiting the above, we do not warrant that: the Services will meet your requirements; that they will be uninterrupted, timely, secure or error-free; that defects will be corrected; that any Output will be accurate, complete, current or reliable; that a notification or alert will be generated or delivered at all, or in time to be useful; or that the Services are free of harmful components.

17.4 No advice or information, whether oral or written, obtained from Ezysphere or through the Services creates any warranty not expressly stated here.

17.5 Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions the exclusions above apply only to the extent permitted, and you may have rights in addition to those in these Terms.

18. Limitation of liability

18.1 To the maximum extent permitted by law, Ezysphere, its directors, employees, contractors, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, contracts, anticipated savings, goodwill, opportunity or reputation, or for any loss or corruption of data, in each case however caused and whether in contract, tort (including negligence), breach of statutory duty or otherwise, and whether or not we were advised of the possibility.

18.2 To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Services is limited to the greater of (a) the total amount you actually paid us for the App concerned in the twelve months immediately before the event giving rise to the claim, or (b) fifty United States dollars (USD 50). If you have never paid us anything, our total aggregate liability is limited to USD 50.

18.3 Without limiting clause 9, we are not liable for any loss arising from: your reliance on an Output; a missed deadline, application, opportunity, price change or restock, whether or not a notification was expected; the accuracy or availability of third-party information; materials purchased, fabric cut, work carried out or contracts entered into on the basis of an Output; loss of Points; your failure to keep your own copies of Your Content; or the acts, omissions or unavailability of a third-party platform, payment provider or ad network.

18.4 Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any other liability that cannot lawfully be excluded or limited.

18.5 The limitations in this clause reflect the allocation of risk between us and are a fundamental basis of the bargain, including because the Services are offered at low or no cost. They apply even if a limited remedy fails of its essential purpose.

18.6 Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions our liability is limited to the smallest amount permitted by law.

18.7 Any claim arising out of or relating to the Services must be brought within one year of the date the claim arose, or the shortest period permitted by applicable law if longer, after which it is permanently barred. This does not apply where the law prohibits shortening the limitation period.

19. Indemnity

You agree to indemnify, defend and hold harmless Ezysphere, its directors, employees, contractors and agents from and against any claim, demand, proceeding, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or connected with: (a) your breach of these Terms or of any applicable law; (b) Your Content, including any claim that it infringes a third party's rights or was uploaded without a necessary consent; (c) your use of an Output, or a third party's reliance on an Output you supplied to them; or (d) your infringement of any third party's rights. We will notify you of any such claim and may, at our own expense, assume its exclusive defence and control, in which case you will cooperate with us. You may not settle a claim in a way that imposes an obligation on us without our written consent.

20. Governing law and dispute resolution

20.1 Governing law. These Terms and any dispute arising out of or in connection with them, including a non-contractual dispute, are governed by the laws of the Federal Republic of Nigeria, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.2 Talk to us first. Before starting any formal proceeding, you agree to contact us at apps@ezysphere.com with a written description of the dispute and the relief you want, and to give us 30 days to resolve it informally. Most problems are settled at this stage.

20.3 Arbitration. If a dispute is not resolved within 30 days, it will be referred to and finally resolved by arbitration under the Arbitration and Mediation Act 2023 of Nigeria. The seat of arbitration is Lagos, Nigeria; there will be one arbitrator; and the language will be English. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. Each party bears its own costs unless the arbitrator decides otherwise.

20.4 Individual basis. Disputes will be resolved on an individual basis only. To the maximum extent permitted by law, you and Ezysphere each waive any right to bring or participate in a class, collective, consolidated or representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim is severed from the arbitration and may be brought in court, while all other claims remain in arbitration.

20.5 Carve-outs. Nothing in this clause prevents either party from: bringing a claim in a small claims court where it qualifies; or applying to any court of competent jurisdiction for urgent injunctive or other interim relief, including to protect intellectual property or confidential information.

20.6 If arbitration does not apply to you. Where mandatory law in your country of residence prevents this clause from binding you - as consumer protection law does in much of the EEA and the UK - clauses 20.3 and 20.4 do not apply to you. In that case the courts of Nigeria have non-exclusive jurisdiction, and you retain the right to bring proceedings in the courts of your country of residence and to rely on the mandatory consumer protection law of that country.

21. Your consumer rights

If you use the Services as a consumer, you have rights under the law of your country that cannot be excluded or limited by contract - for example under the Federal Competition and Consumer Protection Act 2018 in Nigeria, the Consumer Rights Act 2015 in the United Kingdom, EU consumer directives in the EEA, or state consumer protection statutes in the United States.

Nothing in these Terms excludes, restricts or modifies any such right, remedy, guarantee, condition or warranty. Where a provision of these Terms would do so, that provision applies only to the extent the law allows, and the rest of these Terms remains in force.

22. Export controls and sanctions

You confirm that you are not located in, and are not a national of or resident in, a country subject to a comprehensive trade embargo, and that you are not named on any applicable restricted-party or sanctions list. You must not use or export the Services in breach of any applicable export control or sanctions law.

23. Force majeure

Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including act of God, flood, fire, epidemic, war, civil unrest, terrorism, government action, strike, failure of a public telecommunications network or power grid, internet or hosting provider outage, or cyber attack. This does not excuse an obligation to pay money already due.

24. General

24.1 Changes to these Terms. We may update these Terms. We will change the "Last updated" date and version above and, for material changes, give reasonable advance notice in the App or by email before they take effect. If you do not accept a change, your remedy is to stop using the Services and, where you have paid in advance for something you can no longer use, to ask us for a pro-rata refund. Continuing to use the Services after a change takes effect means you accept it. Changes are not retroactive and do not apply to a dispute that arose before they took effect.

24.2 Entire agreement. These Terms, together with the Privacy Policy and any App-specific terms, are the entire agreement between us about the Services and replace any earlier understanding. Neither party relies on any statement not set out in them, except for a fraudulent misrepresentation.

24.3 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest of these Terms continues in full force.

24.4 No waiver. Our failure to enforce a provision is not a waiver of it, and no waiver is effective unless given in writing.

24.5 Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.

24.6 Third-party rights. Except as stated in clause 14 for Apple, no one other than you and Ezysphere has any right to enforce these Terms.

24.7 Relationship. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us.

24.8 Notices. We may give notice by email to the address on your account, by a message in the App, or by posting on ezysphere.com. You give notice to us at apps@ezysphere.com.

24.9 Language. These Terms are drafted in English. Any translation is for convenience only, and the English version governs in the event of a discrepancy, except where mandatory local law provides otherwise.

24.10 Headings are for convenience and do not affect interpretation. "Including" means "including without limitation".

25. Contact

Ezysphere Limited
Registered in the Federal Republic of Nigeria, RC 9229333
Enugu, Nigeria
Email: apps@ezysphere.com
Web: ezysphere.com