Terms & Conditions

• Local IP Address assigned to your Control Box, SSID, Control box Serial Number
• Time stamp of heartbeats and timing between
• Zone Lengths on each zone
• Last time lights were used
• Number of reboots box has experienced
• Current network signal strength

This app does NOT actively collect user data or id for 3rd party use. Android and Google Play does collect crash data information.

By using EverLights products, you agree to abide by all federal, state, or local laws, regulations, ordinances or other legal requirements in relation to low voltage lighting fixtures attached to your property and night lighting.

For a better user experience, turn on your light system once a week.  If an error has presented, this will allow you to test your light system regularly, thus enabling troubleshooting prior to an event you desire the lights be used for.

If this is concerning to you or you would like more information, please contact us at info@myEverLights.com

Use this text to share information about your brand with your customers. Describe a product, share announcements, or welcome customers to your store.

EverLights built the EverLights app as a Free app. This SERVICE is provided by EverLights at no cost and is intended for use as is.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.

If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at EverLights unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Location Services. The information that we request will be retained by us and used as described in this privacy policy.

The app does use third party services that may collect information used to identify you.

Link to privacy policy of third party service providers used by the app

Google Play Services

Log Data

We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.

This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

To facilitate our Service;

To provide the Service on our behalf;

To perform Service-related services; or

To assist us in analyzing how our Service is used.

We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

General

By using EverLights products, you agree to abide by all federal, state, and local laws, regulations, ordinances, or other legal requirements in relation to low voltage lighting fixtures attached to your property.

Installation

If you are installing on your own property you agree to review all instructions on our website located here. EverLights does not guarantee or warrant the workmanship of self-installation.  The warranty on a self-install is 1 year for materials.

If you are hiring a 3rd party installer to put EverLights on your property, you acknowledge it is your sole responsibility to have a contract with the 3rd party installer and vet their qualifications and integrity.  EverLights does not guarantee the work of 3rd party installers.  If there is a 3rd party installer you’d like to work with they can contact us at info@myEverLights.com or call us at (833)694-3937 to ask questions.

If you are a 3rd party installer, you agree to follow the installation instructions located here.  You also agree to have a contract with the property owner that outlines at a minimum, the scope of your work, the presence of a warranty on labor, and if a labor warranty is present the duration you will honor it.  EverLights does not guarantee, cover, or reimburse the labor of 3rd party installers.

If you are purchasing EverLights Yard Lights you agree that they will not be installed on a home as they do not come with a warranty.

Maintenance

As outlined in the product description, “Use of this product may require periodic maintenance, including but not limited to, replacing a light bulb.”

For a better user experience, turn on your light system at least once a month (once per week is recommended).  If an error has presented, this will allow you to test your light system regularly, thus enabling troubleshooting prior to an event you desire the lights be used for.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at info@myEverLights.com.

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE ORDERING EverLights PRODUCTS ONLINE FROM MYEverLights.COM.

YOU SHALL BE DEEMED TO HAVE ACCEPTED THESE TERMS IF YOU ACCEPT THESE TERMS OF SALE AND CONTINUE WITH THE COMPLETION OF YOUR ORDER OF THE PRODUCTS.

These TERMS OF SALE (these “Terms“) apply to the purchase and sale of products through MyEverLights.com (the “Site“). These Terms are subject to change by Axis Innovations, LLC, a Utah limited liability company doing business as EverLights (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. EverLights and you may hereafter be referred to as a “Party,” and collectively as the “Parties.”

Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Service (https://myEverLights.com/policies/terms-of-service) that apply generally to the use of our Site. You should also carefully review our Privacy Policy (https://myEverLights.com/policies/terms-of-service) before placing an order for products or services through this Site (see Section 10).

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE (i.e., 18 YEARS OF AGE OR OLDER) TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU ACKNOWLEDGE THAT YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH EverLights, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders and cancel orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered, and any cancellation shall not result in any liability to us for any damages or costs other than repayment of any amounts received from you in relation to these Terms. Cancellation may arise for any of the following (which such list is not an exclusive and exhaustive list of reasons for cancellation):

The product(s) is not available/in stock;

Your billing information is not correct or verifiable;

Your order is flagged by our security systems as an unusual order or an order susceptible to fraud;

Your bank transfer payment is not received within twelve (12) calendar days after receipt of your order;

We believe you are under the legal age in your country;

We believe that you are a reseller without written authority to resell our products;

There was an error in the price displayed on the Site;

We could not deliver to the address provided by you;

Due to an event described in Section 12 (see below); or

In the event of misspelling, pricing, or other errors or mistakes on the Site.

Prices and Payment Terms.

All prices, discounts, and promotions posted on this Site are subject to change without notice.

The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept VISA, MasterCard, American Express, ShopPay, PayPal, Google Pay, Facebook Pay, Amazon Pay for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Shipments; Delivery; Title and Risk of Loss.

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon delivery of the products ordered pursuant to these Terms. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within ninety (90) days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email our customer service department at info@myEverLights.com to provide written notice of your intent to return the products purchased from the Site.

You are responsible for all shipping and handling charges on returned items, unless otherwise agreed upon in writing. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to the EverLights return policy (https://myEverLights.com/policies/refund-policy) (the “Return Policy”). You acknowledge you have read, reviewed, and understand the terms of the Return Policy.

Refunds are processed within approximately ten (10) business days of our actual receipt of your product(s), so long as we determine, in our sole discretion, that the product(s) so returned are in their original condition as required herein. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

For defective returns, please refer to the EverLights Limited Warranty (see Section 6) included with the product or as detailed in the product’s description on our Site.

Manufacturer’s Warranty and Disclaimers. The only warranty offered by us is the Limited Warranty which can be found at: https://myEverLights.com/pages/warranty (the “EverLights Limited Warranty”). You acknowledge that the EverLights Limited Warranty shall only be effective upon registration of the product(s) purchased pursuant to these Terms no later than ninety (90) days of the date of purchase. You further acknowledge that failure to timely register the purchased products will result in a waiver of any and all warranties, including but not limited to the EvereLights Limited Warranty.

In the event of any waiver of the EverLights Limited Warranty, then the purchased products are PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, INCLUDING,

BUT NOT LIMITED TO DELAY IN DELIVERY, LOSS OR DAMAGE TO DELIVERED PRODUCTS, OR CANCELLATION OF ANY ORDER, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. FURTHERMORE, WE SHALL NOT BE LIABLE TO YOU FOR THE ACTUAL INSTALLATION OF THE PRODUCT AND ANY DAMAGES ARISING FROM SUCH INSTALLATION.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting directly from our acts or omissions.

Indemnity. You, hereby knowingly and voluntarily, on behalf of yourself, hereby fully, forever and absolutely, irrevocably and unconditionally, release, and discharge, acknowledge the satisfaction of, and hold us, and each of our affiliates harmless from, and covenant and agree to indemnity and defend us against, any and all claims, demands, rights, actions, proceedings, promises, obligations, agreements, liabilities, liens, accountings, causes of action, claims for relief, damages (including any consequential, exemplary, punitive or treble damages), costs, expenses (including reasonable fees and actual disbursements by attorneys, consultants, experts or other representatives and litigation costs), or suits of any kind, whether foreseen or unforeseen, known or unknown, contingent or actual, liquidated or unliquidated, legal or equitable, in tort or contract, whether statutory or common law, and howsoever created, evidenced, arising or incurred, which it now has or has ever had against, arising from, based on, related to or are otherwise attributable to installation of the products by yourself or any third-party engaged by you directly.

Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

Privacy. We respect your privacy and are committed to protecting it. Our Terms of Service (https://myEverLights.com/policies/terms-of-service) & Privacy Policy (https://myEverLights.com/policies/terms-of-service), govern the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

Your Representations and Acknowledgments.

You represent, warrant, and undertake to us that: (i) you have the power and authority to enter into these Terms and are able to perform all obligations required of you under these Terms.

You acknowledge that these Terms are fully unrelated to any obligation to install the products purchase pursuant to these Terms. Unless otherwise agreed upon by the Parties in writing, we are under no obligation to install the products for you and/or advise you on the use of the products.

You acknowledge you have fully reviewed, understand, and accept these Terms, the Privacy Policy, Terms of Service, and the EverLights Limited Warranty.

You acknowledge that this purchase and these Terms grant you no rights, and you agreed not to, to reproduce, reverse-engineer, or otherwise resell the products purchased hereunder unless otherwise agreed upon in writing.

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-laws principles (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.

Dispute Resolution and Binding Arbitration. The Parties agree that upon written notice of any dispute, the Parties shall attempt to resolve it promptly by good faith negotiations. If the Parties are unable to resolve the dispute within thirty (30) days or such other timeframe and the Parties may agree, then either Party may submit a “Notice of Arbitration” (the “Notice”) signifying that the negotiation was not successful and to commence the mediation process. After receipt of the Notice, any dispute, controversy, or claim arising out of or relating to this Agreement must be settled by arbitration. Unless the Parties otherwise agree, the arbitration will be administered by the American Arbitration Association pursuant to the Commercial Arbitration Rules and Mediation Procedures. Judgment on the award rendered by the arbitrator may be entered in the circuit court in the county in which the arbitration occurs, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. There will be one arbitrator who will be a retired federal or state judge with a minimum of ten years of judicial experience, business lawyer, or will have such alternate qualifications that are mutually agreeable to the parties.

Any arbitration will be conducted in Salt Lake City, Utah, in accordance with the following provisions:

Arbitration proceedings under this Agreement may be consolidated with arbitration proceedings pending between other parties if both arbitration proceedings arise out of the same transaction or relate to the same subject matter. Consolidation will be by order of the arbitrator in any of the pending cases or, if the arbitrator fails to make such an order, the parties may apply to any court of competent jurisdiction for such an order.

The arbitrator will have authority to issue preliminary and other equitable relief.

Unless otherwise limited by the terms of this Agreement, the arbitrator will have the authority to award any remedy or relief that a Utah court could order or grant, including specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process, except that the arbitrator will not have authority to award punitive damages or any other amount for the purpose of imposing a penalty as opposed to compensating for actual damage suffered or actual loss incurred.

The arbitration award must be in writing, must be signed by the arbitrator, and must include a statement regarding the disposition of any claim. The award must be kept confidential to the fullest extent permitted by law.

Attorney Fees. The prevailing party in any action brought in connection with these Terms shall be entitled to recover costs and reasonable attorneys’ fees from the non-prevailing party.

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Electronic Signatures. Electronic transmission of any signed original document, and retransmission of any signed electronic transmission, will be the same as delivery of an original.

No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EverLights.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices:

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by electronic mail to info@myEverLights.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to AXIS INNOVATIONS, LLC dba EverLights, 31 S. 1550 W. #116, Lindon, Utah 84042. We may update the electronic mail address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by electronic mail or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability. If any provision of these Terms is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of these Terms will not be impaired in any way.

Entire Agreement. Our order confirmation, these Terms, our Website Terms of Service, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.