1    These terms of Use

The Kindspace Alexa Skill is provided by TL Tech Ltd on the Amazon Alexa platform and devices. By using the Kindspace Alexa Skill you agree to these terms and conditions set out below (the “ToU”). If you do not agree with these ToU, you must not use the Kindspace Alexa Skill.

Before using the Kindspace Alexa Skill (the “Skill”), please ensure that you have read and familiarised yourself with the ToU, and the TL Tech Ltd Privacy Policy.

This ToU should be read in conjunction with the Amazon conditions of use and privacy notice.

1.1     What these ToU cover

These are the terms of use on which we supply the Kindspace Alexa Skill.

1.2     Why you should read them

Please read these ToU carefully before you activate the Alexa Skill. These ToU tell you who we are, how we will provide the Alexa Skill to you, how we may change or end the service, how you may end the service, what to do if there is a problem and other important information. If you think that there is a mistake in these ToU, please contact us to discuss.

2    Information about us and how to contact us

2.1     Who we are

We are TL Tech Ltd, a company registered in Scotland. Our company registration number is SC541728 and our registered office is at Wardhead, Sunnyside Of Folla, Rothienorman, Aberdeenshire, Scotland, AB51 8UL. Our registered VAT number is 248020431.

2.2     How to contact us

You can contact us by telephoning us at 07825 586 731 or by writing to us at info@tltechsmart.com or Wardhead, Sunnyside Of Folla, Rothienorman, Aberdeenshire, Scotland, AB51 8UL.

2.3     How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you enable the Alexa skill and set up the permissions. If you do give consent to be contacted by email, you may opt out at any time.  Any and all marketing emails sent by us include an unsubscribe link. 

2.4     “Writing” includes emails

When we use the words “writing” or “written” in these ToU, this includes emails.

3    The Kindspace Skill

3.1     What are the requirements?

To use the Alexa Skill (“Skill”), you must:

1. be over the age of 18;
2. have an Alexa-enabled device and the Amazon Alexa App, with the Kindspace skill enabled;
3. have an internet connection; and
4. have an active Amazon account.

3.2     Using the Skill

The Skill allows you to monitor your general wellbeing. Using the Skill consists of you speaking commands and asking questions aloud to your Alexa-enabled device, and then receiving responses from us through your Alexa-enabled device. The services of Alexa are performed and controlled by Amazon, who, in order to provide and improve their services, may record and keep data on your interactions with Alexa and/or the Skill. Please refer to Alexa’s Privacy Notice for further details on how your data may be used.

We allow you the right to enable and use the Skill on your Amazon Alexa device to access the service in accordance with these ToU.

You may not use the Skill for any purpose other than to access the service. You do not and will not own the Skill or any information that is provided to you through it or the service, but you may use these things in accordance with these ToU.

The Skill is provided to you free of charge and on an ‘as is’ basis. We have tried to make sure that it will work on each compatible Amazon Alexa device, however, we do not promise that the Skill will be suitable for your needs, or that it will work accurately or in a particular way. All implied promises or warranties related to the Skill, and access to the service through it, are excluded.

3.3     Ratings and reviews

These ToU govern your conduct associated with submitting Customer Reviews. By submitting any review content on the Amazon Alexa Skill store, you guarantee that:

1. You are the sole author and owner of the intellectual property rights in the content;
2. All “moral rights” that you may have in such content have been voluntarily waived by you;
3. All content that you post is accurate;
4. You give permission for the review content to be used for advertising purposes;
5. You are at least 18 years old;
6. Use of the content you supply does not violate these ToU and will not cause injury to any person or entity; and
7. You further agree that you may not submit any content:
   • That is known by you to be false, inaccurate or misleading;
   • That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
   • That violates any law, statute, ordinance or regulation (including data privacy);
   • That is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
   • For which you were compensated or granted any consideration by any unapproved third party;
   • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; personal data; and
   • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold TL Tech Ltd (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable lawyers’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant TL Tech Ltd a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, delete in its entirety, publish, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at TL Tech Ltd’s sole discretion. TL Tech Ltd reserves the right to, condense, withhold publication, remove or delete any content that TL Tech Ltd deems, in its sole discretion, to violate the content guidelines or any other provision of these ToU. TL Tech Ltd does not guarantee that you will have any recourse to edit or delete any content you have submitted. You acknowledge that you, not TL Tech Ltd, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of TL Tech Ltd, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

3.4     Intellectual Property

All contents of the Skill, including any software, are protected by copyright, database right and other intellectual property rights. Nothing contained in these ToU shall be construed as conferring any licence or right to use any trademark, design right or copyright of ours or of any other third party.

You may not reproduce any part of the Skill in any form unless we agree in writing in advance.

3.5     Links to Third Parties

Links to other sites and organisations may be included with the Kindspace skill.  Unless expressly stated, these are not under our control.  We neither assume nor accept responsibility or liability for the content of third parties.

4    Our rights to make changes

TL Tech Ltd reserves the right to modify the Kindspace Skill at any time without prior notice.

If this happens, you may be temporarily unable to access the Skill through the Amazon Alexa.

Any updates to the Amazon Alexa Skill will automatically update on your Alexa device.

4.1     Changes to the skill

We may change the Skill:

1. to reflect changes in relevant laws and regulatory requirements; and/or
2. to perform maintenance and implement minor technical adjustments/improvements.

5    Your rights to end the Service

5.1     You may end the service at any time

You can disable the Skill in the Amazon Alexa app at any time.  There is no requirement to inform us of your intentions.  Equally you can reactivate the service at any time, but you may not have access to any historical data from previous use of the Skill.

6    Our rights to end the Service

6.1     We may end the service if you break the ToU

If you do not comply, or if we reasonably suspect that you are not complying, with these ToU, we may block your access (either temporarily or permanently) to the Amazon Alexa Skill.

6.2     We may end the service at any time

TL Tech Ltd reserves the right to modify or discontinue the Kindspace Skill at any time without prior notice.

If this happens, you will be unable to access the Skill through your Amazon Alexa devices and app.

7    If there is a problem with the Skill

7.1     Common issues with the Alexa voice platform

TL Tech Ltd does not design or programme the Alexa voice platform or Alexa-enabled devices and has no control over any hardware. The Skill uses the Amazon Alexa voice platform. It is possible that Alexa may not hear you properly, may misinterpret what you say, or may say something to you that is different from the instructions that TL Tech Ltd provide to Alexa to respond to your conversation.

7.2     How to tell us about problems

If you have any questions or feedback about the Skill, please contact us using the details set out in clause 2.2 above.

8    Our responsibility for loss or damage suffered by you

8.1     We are not liable for errors or omissions

While we try to ensure that all content provided by us is correct at the time of publication, no responsibility is accepted by us or on our behalf for any errors, omissions or inaccurate content on the Skill.

8.2     We do not guarantee the availability of the skill

As with any service over the internet there are factors over which we have no control, for which we cannot accept liability. You agree that we may take the service offline where we consider that this is necessary for routine or emergency maintenance without liability to you.

8.3     Losses incurred by us due to your non-compliance with the ToU

If you do not comply with these ToU, and we incur any costs, loss, claims, expenses and other liabilities which result from your non-compliance, including a resultant breach by us of our obligations to Amazon and/or Alexa, you agree to reimburse us for any such costs, loss, claims, expenses and other liabilities, including any legal costs involved with the defence of any claim brought against us due to your non-compliance with these ToU.

8.4     We are not liable for personal losses

TL Tech Ltd accepts no liability for any damage to your or any other person’s computer or electronic device relating to or resulting from using the Skill.

TL Tech Ltd will not be responsible for any loss or damage caused by any viruses or other technologically harmful material that may infect your electronic device equipment or programs, or for any loss or damage to any data or other proprietary material due to your use of the Skill.

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

8.5     We are not liable for business losses

We only supply the Skill for domestic and private use. If you use the Skill for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any other loss or damage of any kind.

8.6     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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Skill.

Nothing within the Skill constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action on the basis of any information provided within the Skill.

8.7     What we do not warrant

We do not warrant or represent that the operation of the Skill will be uninterrupted or error free or that the Skill will safeguard the health of any individual.

9    How we may use your personal information

9.1     How we will use your personal information

The use of your personal data collected via an Amazon Alexa Skill is governed by Amazon Alexa’s Privacy Notice. With your consent Amazon will forward relevant personal data to TL Tech Ltd.  We will only use your personal information as set out in our Privacy Policy.

10  Other important terms

10.1   We may transfer this agreement to someone else

We may transfer our rights and obligations under these ToU 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 ToU.

10.2   Sub-contractors

We may sub-contract all or some of our obligations to a third party who will perform them on our behalf.

10.3   If a court finds part of these ToU illegal, the rest will continue in force

Each of the paragraphs of these ToU 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.

10.4   Even if we delay in enforcing these ToU, we can still enforce them later

If we do not insist immediately that you do anything you are required to do under these ToU, or if we delay in taking steps against you in respect of your breaking the ToU, 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.

10.5   Which laws apply to these ToU and where you may bring legal proceedings

These ToU are governed by Scottish law.  The relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of Scotland.

You will still benefit from any mandatory provisions of the law in your country of residence.  You can bring legal proceedings in respect of any dispute, controversy, proceedings or claim between you and us relating to these ToU, or the relationship between you and us (whether contractual or otherwise) in your country of residence.