Powervault Local Monitor legal terms
End User Licence Agreement
The Software includes no support service and Digital Torque does not warrant that readings, alerts or calculated totals are correct.
This End User Licence Agreement (Agreement) is between the person purchasing, installing, activating or using Powervault Local Monitor (Customer, you or your) and the supplier identified on the order confirmation or invoice, trading as Digital Torque (Digital Torque, we, us or our).
By accepting at checkout, purchasing, installing, activating or using the Software, you agree to this Agreement. If you do not agree, do not purchase, install, activate or use the Software.
1. The Software
Powervault Local Monitor is independent Windows software that reads data made available by compatible Powervault equipment on the Customer's local network. It is not produced, approved, supported or endorsed by Powervault Ltd or any successor owner of the Powervault brand.
The Software is an informational monitoring and local control interface. It is not a certified safety system, fire alarm, electrical protection device, revenue meter, energy-billing system or substitute for inspection, maintenance or advice from a qualified installer or electrician.
2. Licence
Subject to payment and compliance with this Agreement, Digital Torque grants the Customer a limited, non-exclusive, non-transferable and non-sublicensable licence to use the purchased version for personal or internal use on up to two Windows computers.
The licence permits perpetual use of the purchased version. Access to updates is limited to the period stated in the Order. The Software is licensed, not sold.
3. Activation and validation
The Software requires online activation and periodic licence validation. Validation may process the signed licence token, a one-way device identifier and the application version. A licence may be suspended or revoked following refund, chargeback, dispute, fraud or material licence misuse.
The Customer must keep the licence token confidential and must not publish, resell, share or attempt to bypass the activation system.
4. No support included
The purchase price is for the Software licence and any update entitlement expressly stated in the Order. It does not include telephone, email, remote-access or on-site support; installation assistance; configuration; fault diagnosis; data recovery; monitoring; maintenance; electrical advice; or assistance with Powervault equipment, networks, computers or third-party products.
Digital Torque may choose to answer a query or provide guidance, but doing so is voluntary, does not create an ongoing support obligation and may be withdrawn at any time. Separately purchased support is governed by its own written terms.
5. Readings, alerts and calculations
Digital Torque does not warrant or represent that any reading, status, warning, alert, graph, history entry, power flow, environmental measurement, schedule state, energy total or calculated value displayed or stored by the Software is accurate, complete, current, continuous or correctly interpreted.
Data may be delayed, stale, missing, duplicated, rounded, scaled, mislabelled or incorrect because of sensor behaviour, undocumented data formats, Powervault firmware, third-party equipment, network interruption, computer shutdown, clock differences, configuration, software defects or other causes outside Digital Torque's control.
The Customer must independently verify important information using the Powervault unit, appropriate calibrated equipment and a qualified professional. The Customer must not rely on the Software for safety decisions, emergency response, electrical work, financial settlement, energy billing, contractual reporting, regulatory compliance, warranty claims or decisions that may cause loss, damage or injury.
6. Control functions
Where the Software offers schedules or temporary overrides, commands are sent to the Customer's Powervault equipment on the local network. Digital Torque does not warrant that a command will be accepted, executed at the intended time, remain active or produce the intended result.
The Customer is responsible for checking every target, time, state and consequence before submitting a control change and for confirming the result directly on the equipment where necessary.
7. Customer responsibilities
- Keep the Windows computer, local network and Powervault equipment secure and maintained.
- Keep independent records and backups where readings or history are important.
- Use qualified professional assistance for installation, faults, safety concerns and electrical work.
- Stop relying on the Software where values appear implausible, stale, inconsistent or unavailable.
- Do not expose the local dashboard to the public internet without appropriate security controls.
8. Local data and privacy
Settings, readings and alert history are normally stored on the Windows computer running the Software. Complete daily totals require the computer and Software to remain running and connected. The Customer is responsible for retention, backup, deletion and authorised access to locally stored data.
The licence service processes limited activation information. Powervault readings and local network addresses are not intentionally transmitted to Digital Torque by the standard licence-check process.
9. Availability and compatibility
The Software depends on undocumented or third-party interfaces that may change or stop working. Digital Torque does not promise uninterrupted operation, continued compatibility with any Powervault model or firmware, or correction of every defect.
Digital Torque may provide updates but is not obliged to add features, maintain compatibility indefinitely or continue any online service permanently, subject to mandatory legal rights.
10. Warranties
Digital Torque warrants only that it has the right to license the Software. To the maximum extent permitted by law, the Software is supplied as available and without any other express or implied warranty, condition or representation, including as to accuracy, quality, fitness for purpose, satisfactory quality, availability, compatibility, results or freedom from errors.
Nothing in this Agreement limits mandatory rights that cannot legally be excluded.
11. Limitation of liability
Nothing excludes or limits liability where the law does not permit exclusion or limitation, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Subject to that paragraph, Digital Torque is not liable for indirect or consequential loss, loss of profit, savings, revenue, opportunity, data, use, goodwill or reputation, or for loss arising from reliance on an inaccurate, incomplete, delayed or unavailable reading, alert, calculation or control result.
Subject to the first paragraph, Digital Torque's total aggregate liability arising from the Software or this Agreement will not exceed the amount paid by the Customer for the Powervault Local Monitor licence giving rise to the claim.
12. Restrictions and intellectual property
The Customer must not copy, distribute, rent, sublicense, resell, reverse engineer, decompile, disassemble, defeat licence controls, use the Software unlawfully or remove proprietary notices, except where applicable law expressly permits an activity that cannot be excluded.
Digital Torque and its licensors retain all intellectual-property rights in the Software, design, code, documentation, branding and licence service.
13. Termination
Digital Torque may terminate the licence for material breach, deliberate licence circumvention, fraud or unlawful use. On termination, the Customer must stop using and uninstall the Software. Terms concerning ownership, restrictions, warranties, liability and governing law survive termination.
14. General
The Order and this Agreement form the entire agreement concerning the Software. If a provision is unenforceable, it will be adjusted only as far as necessary and the remaining provisions continue.
This Agreement and any non-contractual obligations arising from it are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.