Our policies 

75F, Inc. and its affiliates and subsidiaries (collectively, “75F”) provides a cloud-based building automation system that makes light commercial buildings more comfortable and energy efficient. The system is comprised of: (1) a user portal accessible through [http://facilisight.75f.io/] (“Facilisight”); (2) services accessible through Facilisight (the “App”); and (3) subscription services that can be accessed through the App (the “Subscription Services”), all of which are used with 75F hardware, including, without limitation, the central control unit, wireless zone controllers, and smart dampers (the “Hardware”). Facilisight, the App, and the Subscription Services are collectively herein called, the “Services.”

The Services and your use thereof are governed by, and subject to, this Terms of Service Agreement (this “Agreement”). This Agreement is intended to make you aware of the terms and conditions that govern your use of the Services, any content, or other products or services that are offered or provided by 75F. In the event you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to “you” and “your” includes such entity or person in addition to you, and your acceptance of this Agreement constitutes acceptance on behalf of such entity or person.

Please read this Agreement carefully before accessing or using the Services. You must read, agree with, and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you access or use the Services. By using the Services, you agree to be bound by the terms and conditions of this Agreement. The disclaimers, terms, and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application disclosed by 75F. In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.

Your purchase and use of the Hardware will be governed by the 75F End User Product Terms and Conditions and the 75F Limited Warranty Policy, each located at [www.75F.io/legal]. The software and firmware that is installed on the Hardware is governed by End User License Agreement, located at [www.75F.io/legal].

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICES.

A copy of this Agreement can be received by emailing your request to [support@75f.io] or by visiting [www.75F.io/legal]. 

SERVICES

(a) Grant of License. 75F hereby grants to you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Services, subject to your agreement to, compliance with, and satisfaction of, this Agreement. 75F reserves all rights not otherwise expressly granted by this Agreement. If you do not comply with this Agreement, 75F reserves the right to revoke any license granted in this Agreement, limit your access to the Services, and restrict your ability to provide Feedback (as defined in Section 2(l) below) or access Content (as defined in Section 2(i) below). 

(b) Modification. 75F may discontinue or alter any aspect of the Services, remove Content from the Services, restrict the time the Services are available, and restrict the amount of use permitted at 75F’s sole discretion and without prior notice or liability to you. 75F may also install bug fixes, updates, patches, and other upgrades to the Services without prior notice or liability to you. Your only remedy is to discontinue using the Services if you do not want a modification 75F makes to the Services.

(c) Removal of Access. You agree 75F may, under certain circumstances, immediately suspend or terminate your access to the Services or any part thereof. Cause for such measures include, without limitation: (1) breach or violation of this Agreement or other incorporated agreements or guidelines; (2) discontinuance or material modification to the Services; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in 75F’s sole discretion and without liability to you or any third party.

(d) Fees. The Services may be provided to you for a fee. You agree to pay all applicable fees for the Services that you select in accordance with the order form. 

(e) Customer Responsibilities. You have the sole responsibility for (1) determining the suitability of the Services for your operations and whether the Services will achieve the results you desire; (2) selecting and training adequate personnel with the requisite experience necessary to operate your systems and who are familiar with your records associated with the Services; (3) limiting use of and access to the Services solely to those users whose duties require such use and access and will undertake best efforts to ensure that 75F’s intellectual property rights are kept secure; and (4) ensuring the accuracy of any User Content (as defined in Section 2(i) below) input into the Services, ensuring and confirming the accuracy of such User Content, associated Content, or any other data or results generated, created, or output by the Services prior to use, and undertaking procedures to test, identify, and correct any errors or omissions relating to the foregoing. 

USAGE AND LIMITATIONS 

(a) System Requirements. In order to access and use the Services, you must have: (1) an account; (2) Hardware; (3) a stable and accessible wireless network; (4) high speed or broadband Internet to your company’s place of business; and (5) such other system, hardware, or software requirements as specified by 75F. 75F does not guarantee that the Services will be compatible or operate with your Internet provider’s service plan, with any particular computer or web browser, with your wireless network or access point, or any other piece of hardware, software, equipment, or device you install or use with the Services. You are solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, electrical, and other system requirements necessary for your access to and use of the Hardware and the Services (or any part thereof). 

(b) Availability. You understand that the Services are provided over the Internet, so the quality and availability of the Services may be affected by factors outside of 75F’s control. There may be times when the Services are unavailable due to technical errors or for maintenance and support activities. The Services are not intended to be available 100% of the time and 75F does not make any representations, warranties, or guarantees regarding the reliability or availability of the Services. 75F does not represent, warrant, or guarantee that the Services will always be available or are completely free of human or technological errors. 75F will not be liable to you or any third party for damages or losses related to the Services being unavailable.

(c) Dependency on Your Equipment. You understand and agree that the Services’s availability is dependent on equipment and third party services that you provide, including, but not limited to, your: computer, wireless access point and Wi-Fi, mobile device, building wiring, cabling, Internet service provider, and your mobile device carrier. You acknowledge that you are responsible for all third party charges in connection with your access and use of the Services and that you are responsible for complying with any and all contracts, terms of service agreements, and restrictions associated with such third party services. 

(d) Storing Credentials. The Services may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Services. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any 75F damages resulting from unauthorized access to the Services from your account and 75F will have no liability to you or any third party for damages or loss related to such unauthorized access or use.

(e) No Emergency Services. You understand and acknowledge that the Hardware and Services, either alone or when combined with a third party product or service, cannot notify emergency services in the event of an emergency. Neither the Hardware nor the Services, either alone or when combined with a third party product or service, are designed to contact fire protection, emergency medical service, or any other public safety or health service. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU SHOULD NOT RELY ON THE HARDWARE OR THE SERVICES FOR EMERGENCY RESPONSE MANAGEMENT OR TO OTHERWISE INCREASE OR IMPROVE SAFETY AT YOUR PLACE OF BUSINESS. CALL 911 IN THE EVENT OF AN EMERGENCY. 

(f) Notifications. You may configure the Services to provide you notifications, however, you understand and acknowledge that the notifications are not intended to be 100% reliable or available. 75F does not represent, warrant, or guarantee that you will receive notifications in a timely manner, if at all. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU SHOULD NOT RELY ON THE SERVICES FOR NOTIFICATIONS TO INFORM YOU OF AN EMERGENCY OR ANY OTHER CRITICAL SITUATION. 

(g) Energy Efficiency and Cost Savings. 75F does not guarantee you will see a certain level of energy efficiency or cost savings by installing and using the Services or Hardware. The actual amount of energy efficiency and cost savings are subject to factors outside of 75F’s control. 75F may provide to you information regarding your energy usage and how you may increase your cost savings, however, you acknowledge that this information may not result in increased energy efficiency or cost savings and that 75F will have no liability to you for damages or loss or any other remedy in the event you do not experience increased energy efficiency or cost savings. 

(h) Compatibility With Third Party Products and Services. The Services may include or be compatible with products and services developed, provided or maintained by third party providers. Access to or use of those third party services by you or an Authorized User (as defined in Section 4(b) below) will be governed by a separate agreement in relation to those certain third party services. You agree that each third party provider retains all right, title, and interest in and to their respective products and services. 75F makes no representations or warranties with regard to your use of compatible or accessible third party products. 75F will not be responsible or liable for any injures or damages you suffer caused or alleged to be caused by, in connection with, resulting from your use of or reliance on of such third party product. You understand and agree that 75F may need to disclose your information to such third party provider and that any disclosure will be in accordance with 75F’s privacy notice. 

(i) Content. The Services may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by 75F or third parties (collectively, the “Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws. You understand and agree that these rights in any Content are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Content. Content also includes information that you and your Authorized Users provide to 75F (collectively “User Content”). User Content is your intellectual property. 75F does not claim ownership rights in such User Content. However, by posting User Content via the Services, you hereby grant to 75F a limited, transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and create derivative works and compilations incorporating such User Content. 75F reserves the right to remove Content from the Services at any time and for any reason without notification to you. 

(j) User Content Restrictions. You may not upload, post, or transmit any User Content that: (1) would violate or infringe the proprietary, privacy, publicity, or intellectual property rights of 75F or any third party; (2) is obscene, defamatory, threatening, harassing, abusive, libelous, hateful, harmful, embarrassing, or objectionable to any other person or entity; (3) violates any applicable law, statute, ordinance, or regulation; or (4) puts in jeopardy the security of your account, 75F, or the Services. 

(k) No Responsibility. 75F cannot and does not assume any responsibility for your use or misuse of Content or any other information transmitted, monitored, stored, or received while using the Services. 75F reserves the right to amend or delete any Content (along with the right to terminate or restrict use of or access to the Services) that in its sole discretion violates any of the above. By providing User Content via the Services, you further understand and agree that you do so at your own risk and that 75F is not responsible for the damage or loss of any such User Content. You agree that 75F is not liable for any legal violation caused by your use or misuse of Content or other information transmitted, monitored, stored, or received while using the Services. 

(l) Feedback. 75F welcomes your comments, feedback, information, or materials regarding the Services or any of 75F’s other products or services (collectively, “Feedback”). Your Feedback will become 75F’s property upon submission to 75F. By submitting your Feedback to 75F, you agree to assign, and hereby irrevocably assign to 75F, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. 75F will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you.  Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback. 

(m) Links. The Services may include, or third parties may provide, links to other websites or resources on the Internet. Because 75F has no control over such websites or resources, you acknowledge and agree that 75F is not responsible for the availability of such external websites or resources, and 75F does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. You further acknowledge and agree that 75F will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such content, goods or services available on or through any such website or resource. 75F strongly encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources. 

Prohibited Uses.

You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Services in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services are based; (3) use the Services or Content to develop a competing service or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Services, servers, or networks connected to the Services or take any other action that interferes with any other person’s use of the Services; (5) decrypt, transfer, create Internet links to the Services, or “frame” or “mirror” the Services on any other server or wireless or Internet-based device; (6) use or merge the Services or any component thereof with other software, databases, or services not provided or approved by 75F; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to the Services; (8) use the Services for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with the Services; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Services for any reason; (11) access or attempt to access any other person’s account; (12) use any Content made available through the Services in any manner that misappropriates any trade secret or  infringes any copyright, trademark, patent,  rights of publicity, or other proprietary right of any party; (13) introduce into the Services any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm the Services, or perform any such actions; (14) introduce into the Services any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (15) delete, modify, hack, or attempt to change or alter the Services, Content, or notices on the Services; (16) connect to or access any 75F computer system or network other than the Services; or (17) impersonate any other person or entity to use or gain access to the Services. 75F reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. 75F may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms.

ACCOUNTS 

(a) Registration. Access to the Services requires your organization to be registered with 75F via a 75F-generated registration form. This form will require that your organization provide certain requested information (including personal information and financial information). At such time, your organization will be provided with an account and login information including a username and password to successfully complete the registration process. You may not permit anyone outside your organization to access the account. 

(b) Additional Accounts. Your may create additional associated accounts for users within your organization (“Authorized Users”). Each Authorized User is responsible for complying with the terms of this Agreement; however, the individual or entity that owns the top level “admin” account agrees to be fully responsible and liable for an Authorized User’s activity. 

(c) Unauthorized Use and Information Changes. You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You also agree that you will provide truthful and accurate information during the registration process, including the anticipated number of Authorized Users under your organization’s account. 75F may refuse to grant you a particular username for any reason, including, without limitation, if 75F has reason to believe that such username impersonates someone else, is protected by trademark or other proprietary rights, or is vulgar or otherwise offensive.

OWNERSHIP AND INTELLECTUAL PROPERTY 

Unless otherwise specifically noted in this Agreement, images, trademarks, service marks, logos and icons displayed on the Services, are the property of 75F and its licensors and may not be used without 75F’s prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Services is the copyrighted property of 75F, and it may not be reproduced, recreated, modified, accessed, or used in any manner or disseminated or distributed to any other party in violation of this Agreement. Any unauthorized use of any Content, whether owned by 75F or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.

USER REPRESENTATIONS

(a) Representations. You hereby represent and warrant to 75F that: (1) you (i) are over the age of 18; or (ii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (2) all information provided by you to 75F is truthful, accurate and complete; (3) you will comply with the terms and conditions of this Agreement and any other agreement to which you are subject that is related to your use of the Services, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with 75F, including, without limitation, your legal name, email address, and any other information 75F may reasonably require; (5) your access to and use of the Services or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify 75F in the event that you learn or suspect that the contact information you provided to 75F has been disclosed or otherwise made known to any other person; and (7) you will not use the Services in order to gain competitive intelligence about 75F, the Services, or any product or service offered via the Services or to otherwise compete with 75F. 

(b) Feedback. In the event you provide any Feedback via the Services, you hereby make the following additional representations and warranties to 75F: (1) you are owner of such Feedback or otherwise have the right to grant 75F the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate. 

DISCLAIMERS

(a) Defects and Availability. 75F uses reasonable efforts to maintain the Services, but 75F is not responsible for any defects or failures associated with the Services, any part thereof, any Feedback you provide, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which 75F may undertake from time to time; or (3) causes beyond the control of 75F or which are not foreseeable by 75F.

(b) Disclaimers of Warranty. (a)   TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, 75F EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, 75F MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENTOR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND IN ADDITION TO THE WARRANTY DISCLAIMERS ABOVE, IN NO EVENT WILL (A) 75F BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF TIME, GOODWILL, INCONVENIENCES, DATA, COMMERCIAL LOSS OR ANY OTHER INTANGIBLE LOSS, ARISING FROM, RELATING TO, IN CONNECTION WITH, OR AS A RESULT OF, THE SERVICES OF THE USE THEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE AND (B) 75F’S ENTIRE AGGREGATE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE) WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU (IF ANY) TO 75F OR 75F’S AUTHORIZED RESELLER OR DISTRIBUTOR FOR THE SERVICES AT ISSUE, INCLUDING, WITHOUT LIMITATION, THE HARDWARE, DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless 75F, its officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your use and each Authorized User’s use of the Hardware or the Services, (b) your or your Authorized Users’ violation of this Agreement, (c) your or your Authorized Users’ violation of any law or the rights of any third party, and (d) your or your Authorized Users’ negligence or willful misconduct  

TERM AND TERMINATION 

This Agreement is effective upon your acceptance and will continue in full force until terminated. You agree that 75F, in its sole discretion, may terminate your use of the Services or any part thereof upon prior notice and discard any Feedback you provide. You agree that 75F may immediately suspend your access to the Services or any part thereof in order to conduct an investigation in the event it believes you have violated this Agreement or if it determines that you are a repeat infringer of a third party’s intellectual property or other rights. 75F may also, in its sole discretion and at any time, discontinue providing the Services, any part thereof, with or without notice. In addition to any other method of termination or suspension provided for in this Agreement, 75F reserves the right to terminate this Agreement at any time and for any reason upon 1 days’ notice to you. Further, you agree that 75F will not be liable to you or any third-party for any termination or suspension of your access to the Services or any part thereof. You may terminate this Agreement at any time by immediately discontinuing all access to the Services and by providing notice to 75F of such discontinuance. Termination or cancellation of this Agreement will not affect any right or relief to which 75F may be entitled at law or in equity. Upon termination of this Agreement, you must terminate all use of the Services and any information or materials provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement. 

PRIVACY 

75F collects, stores, and uses data collected from you in accordance with 75F’s Privacy Notice, located at [www.75F.io/legal]. The terms and conditions of the Privacy Notice are hereby expressly incorporated into this Agreement.

MISCELLANEOUS

(a) Changes to this Agreement. 75F reserves the right, at its discretion, to change, modify, add, or remove portions of this Agreement at any time by posting such changes to this page. 75F will endeavor to notify you of such changes via the email address you provided during your account registration. You understand that you have the affirmative obligation to check this Agreement periodically for changes and you hereby agree to periodically review this Agreement for such changes. Your continued use of the Services following the posting of changes to this Agreement will constitute your acceptance of those changes. 

(b) Governing Law and Venue. This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Minnesota, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all lawsuits, claims, proceedings, disputes or disagreements arising out of or related in any way to this Agreement will be in any state or federal court located in or having jurisdiction over Dakota County, Minnesota. You irrevocably submit and consent to the personal jurisdiction and venue of such courts. 

(c) Consent To Do Business Electronically. .75F uses and relies upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing its obligations and exercising its rights under this Agreement. Neither you nor 75F will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware and other equipment upgrades and purchases, in order to be able to conduct business electronically. 

(d) Injunctive Relief. You agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to 75F which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that 75F has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies 75F may have for your breach of this Agreement. All remedies available to 75F will be cumulative and the pursuit of one remedy will not be deemed to exclude any other remedy.

(e) Entire Agreement. This Agreement constitutes the entire agreement between you and 75F with respect to the subject matter hereof and supersedes all prior agreements, both oral and written, with respect to the subject matter hereof.

(f) Waiver. 75F’s failure to enforce the provisions of this Agreement will not be deemed to be a waiver of its right to enforce them. 

(g) Severability. If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement. 

(h) Survival. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period. 

(i) Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under this Agreement, nor delegate your duties hereunder to any other person, without 75F’s prior written consent. Any purported assignment without 75F’s consent will be void and will constitute a breach of this Agreement. 75F may assign this Agreement or delegate or subcontract its obligations under this Agreement at any time. 

(j) Notifications. You can contact us through the Services or by e-mail. Unless you tell 75F otherwise, or the law requires otherwise, you agree to receive all communications from 75F by email or through posting notices to your account. You may print the communications for your records. You agree that all communications that 75F sends to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell 75F you do not want legal notices sent electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell 75F that you do not want legal notices sent electronically send the notice in writing and by certified and registered mail to 1650 West 82nd Suite #200, Bloomington MN 55431. 

(k) Compliance with Non-US Law. 75F makes no representation that the Services, Content, or other material or information provided through the Services is appropriate to or available in locations outside of the United States. You may not use the Services or export Content in violation of United States export laws, regulations, or restrictions. If you access the Services from outside of the United States, you are responsible for compliance with all applicable laws. 

DIGITAL MILLENNIUM COPYRIGHT ACT 

(a) Notice. 75F respects the intellectual property of others and asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 75F’s Copyright Agent the following information:

• an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Services sufficient to allow 75F to locate the allegedly infringing material;·   

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact 75F’s Copyright Agent for Notice of Claims of copyright infringement at:  [copyright@75f.io].Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.

(b) Counter-Notice. If you believe that the content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to the Copyright Agent: 

• your physical or electronic signature;

• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

• your name, address, telephone number, and e-mail address, and a statement that you consent to the jurisdiction of the federal court located in or having jurisdiction over Dakota County, Minnesota; and

• a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Copyright Agent, 75F may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such content, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at 75F’s sole discretion. 

CONTACT 75F 

With questions, e-mail [support@75f.io] or submit your question through our Support Services help desk at: [www.75f.io].

Last Updated: Terms of Service was last updated March 2022

This Limited Warranty Policy (this “Policy”) applies to all hardware products (“Products”) purchased from 75F, Inc. (“75F”). All original end user purchasers (each, an “End User” or collectively, “End Users”) are subject to this Policy and 75F’s End User Product Terms and Conditions (the terms and conditions of which are hereby expressly incorporated herein) (the “Terms and Conditions”).

1. 75F warrants to and only to End User that each Product will be free from defects in performance for its intended use for a one (1) year period (the “Warranty Period”) from the date of End User’s purchase of the Product.

2. The warranty given by 75F is offered only to the original End User, and does not cover damage to any Product (collectively, “Ineligible Products”) resulting from misuse, abuse, accident, casualty, neglect, improper handling, freight damage (whether concealed or not), misapplication or improper installation (including, installation in abnormal or adverse conditions of heat, moisture, dirt or corrosive substances), any consumable parts (including batteries), normal wear and tear, tampering, breakdowns, interruptions or failure of electric power or the telecommunications network, modification to the Product or any act or event caused by or arising out of one or more of the following conditions: acts of God; natural disaster; restrictive regulations or laws of any government; war; civil commotion; destruction of facilities or materials by fire, earthquake, hurricane, flood or storm; labor disturbance; epidemic; failure of public utilities or of suppliers; transportation curtailment; fuel shortages; acts caused directly or indirectly by End User (or End User’s heirs, agents, employees, contractors, subcontractors or any other representatives of End User), delay by End User or any other third party vendor, supplier or otherwise; or any other event, cause, contingency, matter or thing wherever occurring and whether or not of the same class or kind as those set forth above, which is not reasonably within the control of 75F.

3. Before making a claim under this Policy, End User must (a) notify 75F of the intention to claim by providing written notice at [support@75f.io] during the Warranty Period and providing a description of the alleged failure, and (b) comply with 75F’s return shipping instructions. 75F will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product. 75F will bear all costs of return shipping to End User and will reimburse any freight, shipping and delivery costs incurred by End User, except with respect to any Ineligible Product, for which End User will bear all freight, shipping and delivery costs.

4. If a Product defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, 75F will either (a) repair the Product defect at no charge, using new or refurbished replacement parts, (b) exchange the Product with a Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product, or (c) refund the purchase price of the Product minus the value of any promotional merchandise, rebates or discounts End User received when End User purchased the Product. 75F may request that End User replace defective parts with new or refurbished user-installable parts that 75F provides in fulfillment of its warranty obligation. A replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by 75F, assumes the remaining warranty of the original Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for End User. When a Product or part is exchanged, any replacement item becomes End User property and the replaced item becomes 75F’s property. Parts provided by 75F in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed. When a refund is given, the Product for which the refund is provided must be returned to 75F and becomes 75F’s property.

5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCT IS PURCHASED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, 75F EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. End User may choose whether to make a claim under this Policy, the Terms & Conditions or both, but End User may not recover twice in respect of the same loss.

    

   End User’s use of the Product is at End User’s own discretion and risk. End User will be solely responsible for (and 75F disclaims) any and all losses, liabilities or damages resulting from End User’s use of the Product, including, without limitation, losses, liabilities or damages to End User’s HVAC system, plumbing, home and other peripherals connected to the Product, computer, mobile device, and all other items in End User’s home. 75F does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Product or any feature of them. Actual energy savings and monetary benefits vary with factors beyond 75F’s control or knowledge. 75F gives no warranty regarding the life of the batteries used in the Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of the Product.

6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ADDITION TO THE WARRANTIES AND DISCLAIMERS ABOVE, IN NO EVENT WILL (A) 75F BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF TIME, GOODWILL, INCONVENIENCES, DATA, COMMERCIAL LOSS OR ANY OTHER INTANGIBLE LOSS, ARISING FROM, RELATING TO, IN CONNECTION WITH, OR AS A RESULT OF, THE PRODUCT OR THE USE THEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE AND (B) 75F’S ENTIRE AGGREGATE LIABILITY, AND END USER’S SOLE AND EXCLUSIVE REMEDY, FOR

   ANY CLAIM OR CAUSE OF ACTION ARISING HEREUNDER (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE) WILL NOT EXCEED THE FEES ACTUALLY PAID BY END USER TO 75F OR 75F’S AUTHORIZED RESELLER OR DISTRIBUTOR FOR THE PRODUCT AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO END USER. FOR A FULL DESCRIPTION OF END USER’S LEGAL RIGHTS END USER SHOULD REFER TO THE LAWS APPLICABLE IN END USER’S JURISDICTION AND END USER MAY WISH TO CONTACT A RELEVANT CONSUMER ADVISORY SERVICE.

7. Unless otherwise mutually agreed in writing, in the event that any terms and/or conditions in this Policy conflict or are inconsistent with any terms and/or conditions in the Terms and Conditions, then the terms and conditions of this Policy shall control.

Last Updated: This Limited Warranty was last updated March 2022

SERVICES

(a)     Grant of License. The Customer is granted a limited, non-exclusive, non-assignable, non-transferable license to access and use the software associated with the use of the Owner’s products (“Software”) and the cloud-based services (collectively referred to as “Services”), as applicable, subject to the terms, conditions, and compliance with this Agreement. This license includes the right to use the Services via the cloud environment, and to install, run, and use the Software on designated hardware or devices, as provided by the Owner. 75F ("Owner") retains full ownership of the Software, cloud services, and all related intellectual property, including but not limited to: source code, object code, data, algorithms, user interfaces, documentation, and any updates, modifications, or enhancements made to the Services or Software during the term of this Agreement. The Customer acknowledges that the Software License is revocable and the Cloud License may be suspended or terminated upon the Customer's non-compliance with this Agreement, which could limit or entirely remove access to both the Software and Cloud-based Services.

(b)     Modification. The Owner reserves the right to modify, suspend, or discontinue any aspect of the cloud Services or Software at its sole discretion. This includes, but is not limited to, altering functionalities, removing or restricting access to content, introducing new versions, or limiting the availability or usage of certain features or services. The Owner may also implement updates, bug fixes, patches, or new versions of the Software or the cloud infrastructure without prior notice or liability to the Customer. In the event of such changes, the Customer’s sole remedy shall be to discontinue use of the Software and/or the cloud Services. Updates may also include cloud infrastructure changes, updates to APIs, or changes to storage or data processing protocols, as part of the continuous enhancement of the cloud Services.

(c)    Removal of Access. The Customer agrees that the Owner may, at its discretion, suspend or terminate the Customer’s access to the Services (both cloud-based and Software), and revoke the associated licenses for the following reasons, without liability to the Customer or any third party: (1) Breach or violation of this Agreement or any other incorporated terms, conditions, or guidelines. (2) Discontinuance, modification, or restructuring of the cloud Services or Software. (3) Technical, security, or operational issues affecting the cloud Services, including but not limited to cloud infrastructure failures, data storage errors, or API disruptions. (4) Extended inactivity of the Customer’s account, including failure to log in or use the cloud Services for a specified period. (5) Fraudulent, illegal, or unethical use of the Services, including unauthorized access to the Software or cloud resources, misuse of data, or violations of applicable laws related to cloud computing or intellectual property. In any of the above cases, the Customer’s access to both the cloud Services and the Software may be suspended or terminated immediately upon notification, without further liability

(d)     Data Storage and Security.The Owner will implement appropriate technical and organizational measures to protect the Customer’s data hosted in the cloud environment, including encryption, secure access controls, and monitoring procedures. However, the Customer acknowledges that data security in cloud environments is a shared responsibility. The Customer is responsible for maintaining the confidentiality and integrity of its login credentials, as well as for securing any data uploaded or stored in the cloud. The Owner does not assume responsibility for any unauthorized access, data breaches, or loss of data unless directly attributable to the Owner's negligence.

(e)     Fees. The cloud Services and Software may be provided for a fee, as outlined in the applicable order form, cloud subscription agreement, or any other applicable agreements between the parties. The Customer agrees to pay all fees associated with the Services selected, including any fees related to cloud-based services, cloud storage, or software licensing as per the terms specified in the order form or relevant billing arrangements. Fees may be charged on a subscription basis, with charges incurred periodically (e.g., monthly or annually), or on a one-time basis, depending on the chosen service plan.

(f)      Customer Responsibilities. The Customer has the sole responsibility for the following in relation to both Software and cloud Services:

1.     Suitability and Performance: Determining the suitability of the Software and cloud Services for their operations, ensuring the Services meet the Customer's business needs, and verifying the expected performance, reliability, and security of the cloud infrastructure used to support the Services.

2.     Personnel and Training:Selecting and training personnel with the necessary expertise to operate and manage the cloud Services and Software, including ensuring proper security, data privacy, and compliance practices for managing cloud-based infrastructure and associated data.

3.     Access Control:Limiting access to the Services (both Software and cloud Services) to authorized personnel who require such access, and ensuring the protection of the Owner’s intellectual property, confidential information, and sensitive data within the cloud environment.

4.     Content Accuracy:Ensuring the accuracy of any User Content (as defined in Section 2(i) below) entered into the cloud Services, and performing necessary checks or validation to confirm that such User Content or any data generated by the Services is accurate, reliable, and suitable for its intended use before utilizing or sharing it. This includes ensuring that User Content complies with all applicable laws and regulations, particularly with respect to data privacy and protection in cloud environments.

(g)     Management. The Customer shall be responsible for managing all user access to the cloud services, including the creation, modification, and deletion of user accounts, authentication credentials, and permissions. The Customer shall ensure that all users comply with the terms of this Agreement and shall be liable for any breach of the Agreement by its Authorized Users (including those accessing the cloud services on the Customer’s behalf). The Owner reserves the right to monitor and control access to the cloud services for compliance with applicable security protocols, including authentication and access controls.

USAGE AND LIMITATIONS 

(a)     System Requirements. To access and use the Services (both cloud-based and Software), the Customer must have: (1) An active account with the Owner. (2) Compatible hardware, software, or devices, including any system or platform required to run the Software or access the cloud Services. (3) A stable and accessible wireless network or other connectivity as needed to access the cloud Services. (4) High-speed or broadband internet access at the Customer's place of business or other location where the cloud Services are being accessed. (5) Any other system, hardware, or software requirements as specified by the Owner in connection with the Software and/or cloud Services. (6) The Owner does not guarantee that the Software or cloud Services will be compatible or operate with the Customer’s internet service provider’s plan, any specific computer, web browser, or wireless network, or any other device or equipment the Customer installs or uses in connection with the Services. The Customer is solely responsible for providing, maintaining, and ensuring the compatibility of all hardware, software, network connections, and other system requirements necessary to access and use the Software and cloud Services.

(b)     Availability. The Customer acknowledges that the Services are provided over the Internet or via cloud infrastructure, and as such, the availability and quality of the Services may be subject to factors outside the Owner’s control, including but not limited to internet connectivity, network congestion, cloud server availability, or third-party service dependencies. The Services may become temporarily unavailable due to technical errors, system maintenance, or other unforeseen circumstances. The Owner makes no representations, warranties, or guarantees regarding the uninterrupted availability of the Services, nor does it guarantee that the Software or cloud Services will be free of human or technological errors. The Owner will use commercially reasonable efforts to ensure that the cloud services are available, but there may be periods of downtime for scheduled maintenance, infrastructure updates, or other circumstances beyond the Owner's control (including issues arising from third-party cloud service providers or internet connectivity). The Customer agrees that the Owner shall not be liable for any damages, losses, or disruptions resulting from the unavailability or disruption of the Software or cloud Services.

(c)     Dependency on the Customer’s Equipment. The Customer understands and agrees that the availability and functionality of the Services (both Software and cloud Services) are contingent upon the equipment and third-party services the Customer provides. This includes, but is not limited to, the Customer’s computer, mobile devices, wireless access points, internet service provider, and cloud-based resources. The Customer acknowledges that they are responsible for any third-party charges associated with their use of the Services, including but not limited to any costs for internet access, cloud storage, or network bandwidth, and agrees to comply with all applicable terms of service and agreements related to third-party products and services. 

(d)     Storing Credentials. The Services (including the cloud Services) may allow the Customer to store login credentials within their web browser or cloud storage for the purpose of automatic login. However, if unauthorized persons gain access to the Customer’s computer, cloud account, or browser, they may be able to access the Customer’s Services account. The Customer assumes full responsibility for any damages resulting from unauthorized access or use of the Software or cloud Services, and the Owner shall have no liability for any loss, damage, or unauthorized use of the Customer's account.

(e)     No Emergency Services.The Customer acknowledges and understands that the Services, whether used independently or in conjunction with third-party products or services, are not designed to contact emergency services such as fire departments, medical assistance, or law enforcement. THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE CUSTOMER SHOULD NOT RELY ON THE SOFTWARE OR CLOUD SERVICES FOR EMERGENCY RESPONSE MANAGEMENT OR TO OTHERWISE INCREASE OR IMPROVE SAFETY AT THE CUSTOMER’S PLACE OF BUSINESS.

(f)      Notifications.The Customer may configure the Services (including the cloud Services) to receive notifications. However, the Customer acknowledges that notifications are not guaranteed to be 100% reliable or timely. The Owner does not represent, warrant, or guarantee that notifications will be received, or that they will be delivered in a timely manner. THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT THE CUSTOMER SHOULD NOT RELY ON THE CLOUD SERVICES OR SOFTWARE FOR NOTIFICATIONS TO INFORM THE CUSTOMER OF AN EMERGENCY OR ANY OTHER CRITICAL SITUATION. 

(g)     Energy Efficiency and Cost Savings. The Owner does not guarantee any specific level of energy efficiency or cost savings as a result of using the cloud Services, Software, or associated hardware. Any estimates or advice provided regarding energy savings are based on various factors outside the Owner’s control, including system configuration, hardware, and usage patterns. The Customer acknowledges that the Owner shall not be liable for any damages or losses if the Customer does not experience expected energy efficiency or cost savings from the Software or cloud Services. 

(h)     Compatibility.The cloud Services and Software may integrate with or be compatible with third-party products and services. Access to or use of third-party services will be governed by separate agreements between the Customer and the respective third-party provider. The Owner makes no representations or warranties regarding the Customer’s use of such third-party products, and the Owner shall not be liable for any damages resulting from the use of third-party services, including but not limited to the compatibility of third-party cloud services with the Software. The Customer understands that the Owner may need to disclose certain information to third-party providers, which will be done in accordance with the Owner's privacy policy. 

(i)      Content. The Services (including both cloud Services and Software) may provide access to various forms of content, including, but not limited to, software, text, images, audio, and videos, which may be protected by intellectual property laws (the "Content"). The Customer agrees not to remove or obscure any proprietary notices contained in or on the Content. User-generated content, including but not limited to data, text, images, and files ("User Content"), remains the property of the Customer. However, by submitting User Content to the Owner via the Services, the Customer grants the Owner a limited, non-exclusive, transferable, royalty-free, worldwide license to use, modify, reproduce, distribute, create derivative works, and display the User Content for the purpose of providing and improving the Services (both cloud-based and Software). The Owner reserves the right to remove User Content at its sole discretion and without prior notice to the Customer. 

(j)      User Content Restrictions. The Customer may not upload, post, or transmit any User Content through the cloud Services or Software that: (1) Violates or infringes upon the intellectual property, privacy, or proprietary rights of the Owner or any third party; (2) Is offensive, obscene, defamatory, abusive, or otherwise objectionable; (3) Violates any applicable laws, regulations, or ordinances; (4)  Compromises the security, integrity, or proper functioning of the cloud Services, Software, or any related systems.

The Owner reserves the right to remove or suspend any User Content that violates these restrictions, and to take appropriate actions to protect the integrity and security of the Services. 

(k)     No Responsibility. The Owner is not responsible for the Customer’s use or misuse of Content or any other materials transmitted, stored, or accessed via the cloud Services or Software. The Owner reserves the right to modify, amend, or delete any Content that it deems to violate the terms of this Agreement, at its sole discretion. The Customer agrees to use the Services and submit User Content at their own risk. The Owner shall not be liable for any loss, damage, or legal violations resulting from the Customer’s use of Content or Services. 

(l)      Feedback. The Owner welcomes the Customer’s feedback, suggestions, or comments regarding the Services (both cloud Services and Software) or any of the Owner’s products or services (collectively, "Feedback"). Upon submission, the Feedback becomes the exclusive property of the Owner, and the Owner may use, modify, and distribute such Feedback without any obligation to compensate the Customer. The Customer hereby assigns all rights, including intellectual property rights, in the Feedback to the Owner, and waives any moral rights in the Feedback. 

(m)    Links. The Services (including cloud-based and Software) may contain links to third-party websites or resources. The Owner does not control these external websites and is not responsible for their availability, content, or privacy practices. The Customer acknowledges that the Owner is not liable for any damage or loss caused by or related to the use of such external sites. The Customer is encouraged to review any applicable terms of service and privacy policies of third-party websites. 

PROHIBITED USES

The Customer shall not, directly or indirectly, or permit any third party to:

1. License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available any portion of the Services (including both cloud-based Services and Software) in any way, including for use in cloud environments, without prior express written consent from the Owner. This applies to both the cloud license and software license granted to the Customer.

2. Copy, modify, adapt, alter, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, structure, sequence, or ideas upon which the Software or cloud Services are based, including any cloud-related infrastructure or underlying code of the cloud platform.

3. Use the Services (both cloud-based Services and Software) or any Content to develop a competing service, platform, product, or application, whether cloud-based, software-based, or otherwise.

4. Use any device, software, routine, or procedure intended to damage, disable, overburden, or otherwise interfere with the proper functioning of the Services (both cloud-based and Software), servers, or networks connected to the Services, or take any action that disrupts the use of the Services by others.

5. Decrypt, create internet links to, "frame," or "mirror" the Services on any other server or wireless device, or otherwise access the Services by any means other than through the interface provided by the Owner. This includes unauthorized access to cloud Services or any associated software components.

6. Merge the Services (whether Software or cloud Services) or any components thereof with any other software, database, service, or cloud solution not provided or approved by the Owner.

7. Circumvent or attempt to circumvent any electronic protection measures, authentication systems, or access control mechanisms in place to regulate or control access to the Services, whether cloud Services or Software, or any Content provided through the Services.

8. Use the Services (both cloud Services and Software) for any unlawful purposes, including but not limited to infringing upon the intellectual property rights of any party, violating privacy laws, or engaging in illegal activities within the cloud environment or through the Software.

9. Develop, distribute, or sell any software, tool, or functionality capable of launching, being launched from, or otherwise integrated with the Software or cloud Services.

10. Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting, compiling, or collecting information from the Services (including cloud-based data or Software) for any reason, including data mining, competitor analysis, or other similar activities.

11. Access or attempt to access any other person’s account or data stored within the Services, including cloud-based databases or resources, without proper authorization.

12. Use any Content made available through the Services (whether cloud Services or Software) in any manner that misappropriates any trade secret or infringes upon any copyright, trademark, patent, rights of publicity, or other proprietary right of any third party.

13. Introduce into the Services (both Software and cloud Services) any virus, malware, Trojan horse, worm, or other malicious code, software routines, or hardware components that are designed to disrupt, damage, or permit unauthorized access to the Services, or cloud-based infrastructure.

14. Introduce any time bomb, backdoor, drop-dead device, or other software routine designed to disable a computer program, cloud platform, or access control mechanism after a certain time or under unauthorized control.

15. Delete, modify, hack, or otherwise attempt to alter the Services (whether cloud-based or Software), Content, or any notices or disclaimers within the Services.

16. Connect to or access any computer system or network of the Owner (including Owner’s cloud infrastructure) other than the Services, without permission. This includes unauthorized access to internal systems, databases, or proprietary software tools of the Owner.

17. Impersonate any other individual or entity in order to use or gain unauthorized access to the Services (both cloud-based Services and Software), or any associated Content, data, or accounts.

18. The license is limited to the Customer’s internal business purposes and may not be sublicensed, sold, or transferred without the prior written consent of the Owner. The Customer shall not, directly or indirectly, use the cloud services to host, operate, or distribute third-party applications unless explicitly authorized.

The Owner reserves the right to investigate and prosecute violations of any of the above, to the fullest extent of applicable law. The Owner may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms.

USER REPRESENTATIONS

(a)     General Representations.The Customer represents and warrants to the Owner that:

1.     Eligibility:The Customer is over the age of 18, or otherwise has the full legal power and authority to enter into and perform the Customer's obligations under this Agreement, both in relation to cloud-based Services and the Software license.

2.     Accurate Information:All information provided by the Customer to the Owner is truthful, accurate, and complete, and the Customer agrees to maintain this accuracy throughout the duration of the Agreement, including any data or content entered into or accessed via the cloud Services or Software.

3.     Compliance with Agreement:The Customer will comply with all terms and conditions of this Agreement, as well as any additional agreements applicable to the use of the Services (including both cloud-based Services and Software), including feedback provided or content uploaded to the cloud Services or any Software components.

4.     Updated Information:If applicable, the Customer will provide and maintain accurate and complete contact information, including legal name, email address, and any other details required by the Owner for communication regarding cloud-based services or Software.

5.     No Conflict with Other Agreements:The Customer’s use of the Services (including both cloud-based Services and Software) will not violate or breach any other agreement, contract, or applicable law to which the Customer is subject, including any third-party licensing or usage restrictions.

6.     Disclosure of Information:The Customer will immediately notify the Owner if the Customer’s contact information, or any other details provided to the Owner in relation to the cloud Services or Software, have been disclosed or otherwise compromised.

7.     Non-Competition:The Customer will not use the Services (including both cloud-based Services and Software) to gain competitive intelligence regarding the Owner, the Services, or any cloud products or services offered via the cloud or Software, nor will the Customer use the Services to develop or deploy competing products or services.

(b)     Feedback Representations.In the event that the Customer provides any Feedback to the Owner via the Services, including in relation to cloud-based Services or Software, the Customer makes the following additional representations and warranties:

1.     Ownership of Feedback:The Customer is the sole owner of such Feedback or otherwise has the right to grant the Owner the licenses or assignments as stipulated under this Agreement, without any third-party encumbrances, with respect to both cloud and Software components.

2.     Required Consents:The Customer has obtained all necessary consents, clearances, or permissions required to provide the Feedback and to grant the licenses or assignments under this Agreement, including any relevant cloud-based or software-related permissions.

3.     No Infringement:The Feedback does not infringe upon the rights of any third party, including intellectual property, privacy, or publicity rights, and does not contain any personally identifiable information in violation of privacy laws or third-party rights, whether in the cloud environment or related to Software.

4.     No Harm:The use of the Feedback will not result in harm, personal injury, or legal liability to any third party, including those accessing or using the cloud-based Services or Software.

5.     Accuracy of Information:All factual information contained in the Feedback is truthful and accurate, particularly with respect to cloud Services and Software, and any associated functionality or feature. 

DISCLAIMERS

(a)     Defects and Availability. The Owner uses reasonable efforts to maintain the Services, including both the cloud-based platform and Software, but the Owner shall not be responsible for any defects, failures, or interruptions in the Services, including any components of the cloud infrastructure or Software, or any damages arising from such defects. The Services may be temporarily unavailable for reasons including, but not limited to: (1) Equipment malfunctions or failures; (2) Periodic maintenance procedures or repairs, including updates to cloud infrastructure or Software; (3) Causes beyond the Owner’s control or those which are unforeseeable, including external events affecting the cloud environment or software functionality.

(b)     Disclaimers of Warranty.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING CLOUD INFRASTRUCTURE, SOFTWARE, AND ANY RELATED CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THE CUSTOMER’S USE IS AT THEIR SOLE RISK. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE OWNER DOES NOT GUARANTEE THAT THE SERVICES (INCLUDING BOTH CLOUD-BASED SERVICES AND SOFTWARE) WILL MEET THE CUSTOMER’S SPECIFIC REQUIREMENTS, NOR DOES IT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE OWNER DOES NOT WARRANT THAT THE RESULTS FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT OR MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS. ANY CONTENT OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, INCLUDING BOTH SOFTWARE AND CLOUD-BASED SERVICES, IS DONE AT THE CUSTOMER’S SOLE RISK. THE OWNER WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS RESULTING FROM SUCH DOWNLOADS, INCLUDING THE IMPACT OF USING OR RELYING ON CLOUD-BASED SERVICES OR SOFTWARE. NO ADVICE OR INFORMATION OBTAINED BY THE CUSTOMER THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR UNDER THIS AGREEMENT

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ADDITION TO THE WARRANTY DISCLAIMERS SET FORTH ABOVE, IN NO EVENT SHALL: (A) THE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, INCONVENIENCE, COMMERCIAL LOSS, OR ANY OTHER INTANGIBLE LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGE ARISING FROM THE LOSS, CORRUPTION, OR UNAVAILABILITY OF CLOUD-BASED DATA OR SERVICES), EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (B) THE OWNER'S ENTIRE AGGREGATE LIABILITY, AND THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE) SHALL NOT EXCEED THE FEES ACTUALLY PAID BY THE CUSTOMER TO THE OWNER OR THE OWNER'S AUTHORIZED RESELLER OR DISTRIBUTOR FOR THE SERVICES (INCLUDING HARDWARE, CLOUD STORAGE, OR CLOUD SERVICES) AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE CUSTOMER.

INDEMNIFICATION

The Customer agrees to defend, indemnify, and hold harmless the Owner, its officers, members, managers, employees, agents, contractors, affiliates, and cloud service providers (including third-party hosting services, cloud infrastructure providers, and platform-as-a-service providers) from and against any and all claims, liabilities, damages, losses, demands, expenses (including attorney’s fees), or costs arising out of or in any way connected with:

(a)   The Customer’s use (or misuse) of the Services, including cloud services, infrastructure, or any hardware provided by the Owner,

(b)   The Customer’s violation or breach of any terms of this Agreement,

(c)   The Customer’s violation of any applicable laws, including data protection, cloud security, intellectual property laws, or any third-party service provider terms of use,

(d)   The Customer’s negligence, willful misconduct, or failure to secure sensitive data in connection with the use of cloud-based services or other services provided through the Owner’s platform,

(e)   Any failure by the Customer to comply with cloud-specific terms of service or access controls related to the Owner's cloud infrastructure.

INJUNCTIVE RELIEF

The Customer acknowledges and agrees that a breach of this Agreement would cause irreparable harm to the Owner that would be difficult to ascertain and that such harm could not be fully remedied by monetary damages alone. Therefore, the Customer agrees that the Owner shall be entitled to seek injunctive relief (including, but not limited to, a restraining order or specific performance), without the necessity of posting a bond or proving actual damages, in addition to any other rights or remedies that the Owner may have in the event of a breach of this Agreement, including those arising from the misuse or unauthorized access to cloud-based services, data, or infrastructure. All remedies available to the Owner are cumulative, and the pursuit of one remedy will not preclude the Owner from pursuing any other remedies under applicable law.

SOFTWARE AND CLOUD UPDATES

The Owner may, from time to time, develop and release updates, upgrades, patches, and other software modifications for the Software, which may include updates to cloud infrastructure, security protocols, and application features (“Software Updates”). The Owner may install such updates automatically, including updates to cloud-based services, without prior notice or consent from the Customer, and the Customer hereby consents to the automatic installation of Software Updates as part of the Services. Should the Customer not agree to the installation of any Software Update, the Customer’s sole remedy shall be to discontinue use of the relevant Software and/or cloud-based services. The Customer agrees to promptly install any Software Update as prompted by the Owner to maintain security, functionality, and performance of the Services, including cloud-related services and data storage.

Cloud-related updates may involve changes to underlying cloud infrastructure, server resources, and data storage protocols. The Customer acknowledges and agrees that such changes may be necessary to maintain the integrity, security, and efficiency of the cloud-based services.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Software, including but not limited to, images, trademarks, service marks, logos, and icons displayed on or related to the Software (whether delivered via the Owner’s cloud-based platform or otherwise), are the exclusive property of the Owner. These intellectual property rights are protected by applicable copyright, trademark, and other intellectual property laws. No part of the Software or cloud-based services may be reproduced, modified, distributed, or otherwise used without the prior written consent of the Owner.

The Software is licensed, not sold, to the Customer, and any access to cloud resources provided as part of the Services is governed solely by this Agreement. There are no implied licenses granted under this Agreement, and the Owner retains all rights to the Software and associated cloud-based technologies, including but not limited to, software updates, cloud infrastructure, APIs, and services.

Any feedback, suggestions, or ideas provided by the Customer regarding the Software, the Services, or any cloud-based component will become the exclusive property of the Owner, and the Owner may use, copy, distribute, and modify such feedback without any compensation to the Customer. The Customer hereby irrevocably assigns all rights, title, and interest in and to the feedback, including all associated intellectual property rights, to the Owner.

CONFIDENTIAL INFORMATION

The Customer agrees to protect and maintain the confidentiality of the Software, any information classified by the Owner as confidential, and any proprietary or commercially sensitive information, whether in physical or cloud-based form, disclosed by the Owner (“Confidential Information”). The Customer agrees to take measures no less stringent than those used by the Owner to protect the Confidential Information from unauthorized use or disclosure.

The Customer shall not, except as expressly authorized by the Owner, use, disclose, or disseminate the Confidential Information during the term of this Agreement or beyond, including source code, cloud configurations, API keys, security protocols, or any data stored within cloud systems.

These confidentiality obligations do not apply to information that:

(a)     Was previously known to the Customer without restriction,

(b)     Becomes publicly available through no fault of the Customer,

(c)     Is disclosed to the Customer by a third party not bound by confidentiality obligations, or

(d)     Is independently developed by the Customer without reference to the Confidential Information.

If the Customer is required by law to disclose Confidential Information (such as pursuant to a subpoena or court order), the Customer must notify the Owner in advance, as permitted by law, to allow the Owner the opportunity to limit or prevent such disclosure.

CHANGES TO THE TERMS

The Owner reserves the right, at its sole discretion, to modify, update, or amend the terms of this Agreement at any time. The Owner will make reasonable efforts to notify the Customer of any such changes, either directly or through its authorized resellers or distribution partners. All modifications will be effective immediately upon posting, unless otherwise stated. The Customer’s continued use of the Services, including any cloud-based resources, after such modifications shall constitute acceptance of the revised terms.

Last Updated: This EULA was last updated July 2025

Introduction

Electronic waste, or e-waste, is a term for electronic products that have become unwanted, non-working or obsolete, and have essentially reached the end of their useful life. As per E-waste Rule 2016, the E-waste defined as ‘electrical and electronic equipment, whole or in part discarded as waste by the consumer or bulk consumer as well as rejects from manufacturing, refurbishment and repair processes. E-waste contains many valuable, recoverable materials such as aluminum, copper, gold, silver, plastics, and ferrous metals. In order to conserve natural resources and the energy needed to produce new electronic equipment from virgin resources, electronic equipment can be refurbished, reused, and recycled instead of being land filled. E-waste also contains toxic and hazardous materials including mercury, lead, cadmium, beryllium, chromium, and chemical flame retardants, which have the potential to leach into our soil and water.

Benefit of Recycling of E-waste:

• E-waste contains many valuable, recoverable materials such as aluminum, copper, gold, silver, plastics, and ferrous metals. In order to conserve natural resources and the energy needed to produce new electronic equipment from virgin resources, electronic equipment can be refurbished, reused, and recycled instead of being landfilled.

• E-waste also contains toxic and hazardous materials including mercury, lead, cadmium, beryllium, chromium, and chemical flame retardants, which have the potential to leach into our soil and water.

• Protects your surroundings - Safe recycling of outdated electronics promotes sound management of toxic chemicals such as lead and mercury.

• Conserves natural resources- Recycling recovers valuable materials from old electronics that can be used to make new products. As a result, we save energy, reduce pollution, reduce greenhouse gas emissions, and save resources by extracting fewer raw materials from the earth.

• Helps others - Donating your used electronics benefits your community by passing on ready-touse or refurbished equipment to those who need it.

• Saves landfill space- E-waste is a growing waste stream. By recycling these items, landfill space is conserved.

Recycling of E-Waste:

The company has tied -up with the GreenZon Recycling Pvt Ltd for collection of all our E-waste on PAN India and disposes the same at their plant at R-30, UPSIDC, Industrial Area, Sikandrabad, Bulandshahar, U.P-203205 and India. Customer can reach or call on Toll Free No 1800-274-9111. Our representatives explain them about process of disposal and make them aware about nearest drop point available to drop the e-waste also give information about incentive we will offer to them against their end of life product. If any customer wants to handover the material from their door steps, we do send either our logistics team or E-waste Recycler India team to collect the items and channelize the same to our e-waste partner plant for final processing

Dos & Don'ts

Do's:

• Always look for information on the catalogue with your product for end-of-life equipment handling.

• Ensure that only Authorized Recyclers repair and handle your electronic products.

• Always call our E-waste Authorized Collection Centres/points to dispose products that have reached end-of life.

• Always drop your used electronic products, batteries or any accessories when they reach the end of their life at your nearest Authorized E-Waste Collection Centres/Points.

• Always disconnect the battery from product, and ensure any glass surface is protected against breakage.

Don'ts:

• Do not dismantle your electronic Products on your own

• Do not throw electronics in bins having “Do not Dispose” sign.

• Do not give e-waste to informal (Kabbadi) and unorganized sectors like Local Scrap Dealer/ Rag Pickers.

• Do not dispose your product in garbage bins along with municipal waste that ultimately reaches landfills.

to see the entire E-Waste Management Policy please download with the link below: