eSphere Terms of Service

Updated June 29, 2026 18:41

The rules, rights, and responsibilities that apply when you use eSphere.

Effective Date: April 24, 2026

Section 1 — Acceptance and Eligibility

Who these Terms apply to and what accepting them means.

By downloading, installing, or using the eSphere mobile application, activating an eSphere sensor, or otherwise using any eSphere service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. You may also be bound by your ISP’s Terms and Privacy Policy.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account and agree to these Terms on your own behalf. If you are under that age, a parent or legal guardian must agree to these Terms on your behalf.

If you are accepting these Terms on behalf of a business, household, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Section 3 — Your eSphere Account

How account creation, security, and household access work.

To use most features of eSphere, you will create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify your Operator promptly should you suspect any unauthorized use.

You may invite household members and guests to join your eSphere household. You are responsible for ensuring that anyone you invite understands and agrees to these Terms and the Privacy Policy. Profiles and presence devices added to your household are subject to the same rules as your own account.

Section 4 — License to Use the App

The rights you have to install and use the eSphere mobile app.

Subject to your compliance with these Terms, and any ISP Partner’s Terms, Evolution Digital and your ISP grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices you own or control, solely for your personal, non-commercial use of eSphere in your household.

You may not, and you agree not to:

Copy, modify, translate, adapt, or create derivative works of the App or any part of the Service.
Reverse-engineer, decompile, or disassemble the App, or attempt to extract its source code, except to the extent this restriction is prohibited by applicable law.
Rent, lease, sell, sublicense, distribute, or otherwise transfer the App to a third party.
Remove or alter any proprietary notices, branding, or labels on or within eSphere.
Use any automated means, bots, scrapers, or similar tools to access or interact with the Service.

Section 5 — eSphere Sensors (Hardware)

Your rights and responsibilities regarding the physical device.

Your eSphere sensor (Halo Connect) will be provided to you by an authorized ISP Partner. The specific commercial terms under which you receive the sensor — including any purchase price, subscription fee, rental terms, or return obligations — are governed by your agreement with the ISP that provided the sensor to you.

Regardless of how you obtained the sensor, you agree to:

Install and use the sensor only as described in the documentation provided with eSphere.
Use the sensor only in the household and jurisdiction for which it was intended.
Not open, tamper with, modify, or attempt to alter the sensor’s hardware, firmware, or internal components.
Return or dispose of the sensor in accordance with any program rules when your use of eSphere ends.

Section 6 — Service Availability and Changes

What we do — and don’t — guarantee about uptime.

We work hard to keep eSphere running reliably, but the Service depends on factors outside our control, including your home Wi-Fi network, your internet service provider, the Bluetooth state of your devices, third-party cloud infrastructure, and manufacturer updates to your mobile operating system.

Evolution Digital does not guarantee that the Service will be uninterrupted, error-free, or available at all times, and we are not responsible for service interruptions caused by factors outside our reasonable control.

We may add, modify, suspend, or discontinue any feature of eSphere at any time. Where a change materially reduces the functionality of the Service, we will use reasonable efforts to notify your ISP in advance.

Section 7 — Your Content and SmartChats

Messaging, profiles, and the content you bring into eSphere.

eSphere includes features — such as household profiles, presence alerts, and SmartChats messaging — that let you submit and share information with people in your household. You retain ownership of the Content you submit.

Section 8 — Privacy

How your use of eSphere connects to our Privacy Policy.

Our collection and use of information about you and your household is governed by the eSphere Privacy Policy, which is incorporated into these Terms by reference. By using eSphere, you acknowledge that you have read and understand the Privacy Policy.

Section 9 — Intellectual Property

Who owns what — eSphere, and your content.

The eSphere mobile application, sensors, and underlying detection technology incorporate intellectual property owned by Ubiety, Inc., which is licensed to Evolution Digital. Evolution Digital owns the eSphere brand, the eSphere logo, and all related branding, marketing materials, and customer-facing experiences. Both Evolution Digital and Ubiety, Inc. are intended third-party beneficiaries of the disclaimers, limitations of liability, and other protections in these Terms. All eSphere materials are protected by United States and international intellectual property laws.

These Terms grant you only the limited rights expressly described in Section 4. No other rights are granted, whether by implication, estoppel, or otherwise. All rights not expressly granted are reserved by Evolution Digital and its licensors.

“eSphere,” the eSphere logo, “Evolution Digital,” and other Evolution Digital marks are trademarks of Evolution Digital. You may not use these marks without our prior written permission.

Section 10 — Prohibited Uses

Things you agree not to do with eSphere.

When using eSphere, you agree not to:

Use the Service for any unlawful, fraudulent, or harmful purpose.
Use eSphere to monitor, surveil, stalk, harass, or otherwise violate the privacy of any person who has not consented to being monitored.
Install a sensor in a home, unit, or location without the permission of the person or entity who controls that location.
Circumvent, disable, or interfere with any security, authentication, or access-control features of the Service.
Attempt to gain unauthorized access to any part of the Service, to other users’ accounts or Content, or to Evolution Digital’s systems.
Use eSphere in a manner that interferes with, disrupts, or places an unreasonable load on the Service or the networks or systems connected to it.
Use the Service to collect personal data about other users without their knowledge and consent, except as expressly permitted by these Terms.

Section 11 — ISPs, Operators, and Third-Party Services

Your relationships with the parties that help deliver eSphere.

eSphere is delivered to customers in partnership with Operators or ISP Partners. While your use of eSphere is governed by these Terms, your relationship with your Operator is separate. Matters such as hardware billing, service subscriptions, installation support, and return logistics may be governed by the agreement between you and your Operator.

eSphere also relies on third-party services, including but not limited to mobile app stores, cloud infrastructure providers, mapping services, and your own internet and Wi-Fi provider. Evolution Digital is not responsible for the acts, omissions, or policies of those third parties.

Section 12 — Warranty and Disclaimers

The promises we make — and what is provided “as is.”

To the maximum extent permitted by applicable law, eSphere is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Evolution Digital does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Section 13 — Limitation of Liability

The caps on what Evolution Digital is financially responsible for.

To the maximum extent permitted by applicable law, in no event will Evolution Digital, its affiliates, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including but not limited to damages for lost profits, lost revenue, lost data, business interruption, or goodwill — arising out of or related to your use of or inability to use eSphere, even if Evolution Digital has been advised of the possibility of such damages.

In all events, Evolution Digital’s total cumulative liability to you arising out of or related to these Terms or your use of eSphere will not exceed the greater of (a) the amount you paid to Evolution Digital for eSphere in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred U.S. dollars ($100.00).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. Nothing in these Terms limits or excludes liability for fraud, gross negligence, or willful misconduct, or for any other liability that cannot be limited or excluded under applicable law.

Section 14 — Indemnification

When you agree to defend and hold us harmless.

You agree to defend, indemnify, and hold harmless Evolution Digital, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of or inability to use eSphere.
Your breach of these Terms or the Privacy Policy.
Your violation of any applicable law or of any third-party right, including without limitation privacy and intellectual property rights.
Any Content you submit to the Service.

Evolution Digital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate in asserting any available defenses.

Section 15 — Termination

When and how these Terms can end.

You may stop using eSphere at any time. You may also delete your account through the App or by contacting the ISP that provided you this service.

Evolution Digital and/or your ISP may suspend or terminate your access to eSphere at any time, with or without notice, if we or they reasonably believe you have violated these Terms, engaged in fraudulent or unlawful activity, or used the Service in a manner that poses a risk to other users, the Service, or third parties.

In addition, your ISP may suspend or terminate your access to eSphere if you are in default on, or otherwise fail to pay, any fees owed to your ISP for eSphere or for related services, in accordance with the terms of your service agreement with that ISP. Evolution Digital is not a party to that billing relationship, and the procedures, notice periods, and cure rights that apply are governed by your agreement with your ISP.

Upon termination: (a) your right to use eSphere immediately ceases; (b) you will stop using the App and sensors, and may be required to uninstall the App and return or dispose of the sensor as directed by Evolution Digital or your Operator; and (c) any provisions of these Terms that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

Section 17 — Governing Law

Which laws apply to these Terms.

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.

Subject to Section 16 (Dispute Resolution), the parties agree that any judicial proceeding arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in the State of Delaware, and each party consents to the personal jurisdiction of those courts.

Section 18 — Changes to These Terms

How updates to these Terms will be handled.

We may update these Terms from time to time to reflect changes to the Service, applicable law, or our business practices. When we do, we will revise the Effective Date at the top of this document and, for material changes, provide notice through the App, by email, or through a reasonable alternative means.

If you continue to use eSphere after changes become effective, you agree to the revised Terms. If you do not agree, you should stop using the Service and may terminate your account as described in Section 15.

These Terms cover only your relationship with Evolution Digital regarding the eSphere Service itself. They do not modify or replace the separate agreement between you and your ISP. Your ISP may update its own service agreement, billing terms, or hardware policies in accordance with that agreement, and Evolution Digital has no control over or involvement in those updates. For questions about ISP-side terms changes — including fees, billing, hardware return, or service-level commitments — contact your ISP directly.

Section 19 — General Provisions

Standard legal housekeeping.

Entire agreement

These Terms, together with the Privacy Policy and any additional terms you accept when using specific features of eSphere (collectively, the “Agreement”), constitute the entire agreement between you and Evolution Digital regarding eSphere and supersede any prior or contemporaneous agreements between you and Evolution Digital on the same subject matter. Your separate agreement with your ISP is not part of this Agreement and is not modified or superseded by it.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force and effect.

No waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. Evolution Digital may assign these Terms at any time, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure

Evolution Digital will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, power or internet outages, or acts or omissions of third parties (including our upstream technology licensors, cloud-infrastructure providers, and app-store operators).

Export controls

You agree to comply with all applicable export and re-export control laws, including U.S. Export Administration Regulations and sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC).

Notices

We may provide notices to you regarding these Terms by email, through the App, or by posting them on our website at www.esphere.io. You agree to accept such notices as sufficient.

For routine questions about eSphere — including hardware, installation, billing, account support, and day-to-day service issues — please contact your ISP, who is your primary point of contact for the eSphere Service.

Formal legal notices to Evolution Digital, including any notices required under these Terms, the Privacy Policy, or applicable law (such as CCPA requests, account deletion requests, or notices of disputes), must be delivered in writing to support@evolutiondigital.com.