These terms and conditions (‘Terms’) apply to your use of our mobile applications (‘App’) our website and our services described below and form part of the agreement between you and Gather Software Group Limited (‘Digihome’, ‘we’, ‘us’ or ‘our’). Our company number is 12944578 and our registered office is at 15 Clarence Mews, London, SW12 9SR, United Kingdom.

By downloading the App, and the service you connect to via the App and the content we provide to you through it (‘Services’) you agree to these Terms. You should read these Terms carefully along with our Privacy and Cookie Policy, and only use our service is you are over 16 or have permission of an adult to them.

Offers from Third Parties and Partners

How you may use the App

To use the App you need to download the App and register to create a Digihome account using your legal name. You can only register once for each mobile number you may possess.

Your use of the Digihome App is also subject to the terms and conditions and privacy policies of the app store you downloaded it from.

Some parts of the Digihome service depend on other people (third parties and partners). We always try to keep Digihome available, though we can’t promise it always will be or that it will work perfectly, particularly if the Apps or partner service is undergoing maintenance. If this happens, we’ll tell you about it if we think you need to know and will get things back up and running as soon as we can.

For the App to work, your device needs to meet our operating system requirements. If you don’t install operating system updates and new versions of the App, the App may not work properly or at all, so we recommend installing updates when they become available.

The App also may not work as designed if your device has been changed or tampered with (better known as ‘jail breaking’ or ‘rooting’), or if you use software which may interfere with our ability to deliver the services. 

 In return for your agreeing to comply with these terms you may use the App and the Service on such devices for your personal purposes only.

Prohibited Uses

You agree:

Not to reproduce, duplicate, copy or re-sell any part of the App or Services, except as part of the normal use of the App or where it is necessary for the purposes of back-up or operational security;

Not to translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms:

Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services not attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

Is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and 

Is not used to create any software that is substantially similar in its expression to the App;

Is kept secure; and

Is used only for the Permitted Objective;

Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must:

Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by these terms);

Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

Not use the App or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual Property Rights

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you.

You have no intellectual rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

Keeping you secure

When you sign up, you choose a security PIN which you must keep secret. If you forget it, we will be able to help you re-set it in some circumstances. We’ll never ask you to tell us your security PIN so you shouldn’t share it with anyone, even if you think they work for Digihome.

The App may also use your device’s biometric capabilities (such as fingerprint or facial recognition) to give you access, if you choose to enable these. 

We will ensure that your Digihome security credentials are not accessible to other parties and are transmitted through safe and efficient channels.

You must take all reasonable steps to keep your security PIN and the device on which the App is installed, safe and secure, and you will not disclose your PIN or allow it to be used by anyone else. You must not leave the device you are using unattended while you are logged in to the App. In the event you dispose of your device, you must delete the App.

If the device on which the App is installed, is lost or stolen, or you suspect that someone else might know your security PIN, you must tell us immediately and we will help you change your security PIN. Digihome is not responsible for any of your losses which result from your security PIN being disclosed to anyone else, or accessed by anyone else. 

Our responsibilities

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms 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 you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for the damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that 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. The App is for domestic and private use. If you use the App for any commercial, business or resale purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App stores) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

Our right to suspend, restrict or end this agreement

We may end your rights to use the App and Services at any time by contacting you if you have broken theses terms. 

If we end your rights to use the App and Services:

You must stop all activities authorised by these terms, including your use of the App and any Services

You must delete or remove the App from all devices in your possession and confirm to us that you have done this.

We may at any time suspend, restrict or end your use of our Service, your account or the App if we think your security may have been breached, or your privacy could be at risk through attempted fraudulent activity.

Unless informing you would compromise reasonable security measures or otherwise be unlawful, we will inform you before suspending, restricting or cancelling our Service, your account or the App, and we will tell you our reasons why we’ve done this. If it is not practical to inform you in advance and unless doing so would compromise reasonable security measures or otherwise be unlawful, we will inform you immediately afterwards, giving you reasons why we’ve suspended or cancelled your service. We will allow you to resume your use of the App and Services as soon as practical after the reasons for stopping its use cease to exist.

Making changes to this agreement

These Terms will always be available in the App and on our website.

We can make changes to these Terms from time to time. As this agreement has no fixed duration, we can’t predict all of the reasons why we might change these Terms, but we have set out some of these below. We’ll only ever make changes that are proportionate and reasonable and if we have a valid reason for doing so, taking into account your interests.

We might make changes because:

We have made changes to our technology or other systems;

We have extended the services we can offer;

There have been changes to legislation, changes in regulatory requirements or new case law that affects us;

There have been changes to the cost to us of funding our service; or

Any other valid reason.

We will implement minor changes immediately (unless we are required to give you notice by law), and will give you reasonable advance written notice by email or through the App of any intended significant change to the Terms along with the new version of the Terms. If you don’t agree to the changes, you can close your Digihome account through the App or by emailing us at info@digihome.app. If you do not close your Digihome account, we’ll assume that you’re happy with the changes we’ve made. You have the right to end this agreement at any time before the proposed change takes effect.

Other important terms

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

You need our consent to transfer your rights to someone else. 

This agreement does not give rise to any rights under the Contracts (rights of Third Parties) Act 1999 to enforce any term of this agreement.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution via their website at www.cedr.com. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

How to make a complaint

If you have a complaint, please send us a message through the App or email us at support@digihome.app. We’ll send you a prompt reply and will get back to you with a full response to your complaint as soon as we can, but always within 15 business days of receiving it. We’ll do our best to fix the problem.

If you’re still not happy, you can submit a complaint to the Centre for Effective Dispute Resolution via their website at www.cedr.com. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

Contacting each other

We will provide you with information and Digihome notifications primarily through the App, although we may also send you information to your email address or mobile number by SMS where we consider appropriate. Take a look at our Privacy Policy for more information on how this works. You are responsible for maintaining and regularly checking your App, device or email inbox for information and notifications from us.

If your contact details (including your mobile phone number or email address) change, you should tell us as soon as you can or update these in the App. We will communicate with you in English.

You can contact us through the App or can email us at support@digihome.app

About Us

We are Gather Software Group Ltd trading as Digihome. Our registered office is 15 Clarence Mews, London. SW12 9SR, United Kingdom. Our company registration number is 12944578.

You can contact us through the ‘Contact’ page on our website or any time by sending an email to support@digihome.app