1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Scope; SmartAC.com and Contractors.
In these Terms, “SmartAC.com,” “we,” “us,” and “our” mean SmartAC.com, Inc., located at 5302 Egbert Street, Houston, TX 77007. These Terms apply to SmartAC.com’s websites, mobile applications, connected HVAC hardware, dashboards, alerts, and related services (collectively, the “Services”). SmartAC.com may sell or lease connected hardware to air-conditioning contractors and other qualified partners (“Contractors”), who may install equipment and receive equipment-health alerts and related data through the Services. Unless SmartAC.com expressly agrees otherwise in writing, the applicable Contractor, and not SmartAC.com, is responsible for installation, inspection, diagnosis, maintenance, repair, pricing, warranties, and other contractor services. SmartAC.com is not an HVAC contractor and does not provide emergency, life-safety, or property-protection monitoring. A customer agreement, order form, lease, subscription, or other agreement governing a commercial relationship with SmartAC or a Contractor controls if it conflicts with these Terms, but only to the extent of that conflict.
3. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on SmartAC.com's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on SmartAC.com's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by SmartAC.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Accounts and Acceptable Use.
You must provide accurate account information, protect your credentials, and promptly notify SmartAC.com of suspected unauthorized use. You may use the Services only for their intended purpose and in compliance with applicable law. You will not access another person’s account or data without authorization; interfere with the Services or their security; probe or test vulnerabilities without written authorization; circumvent access controls; introduce malicious code; scrape or use automated means except as expressly permitted; use the Services to violate rights or law; or reverse engineer, decompile, disassemble, or create derivative works of the Services, except to the limited extent a restriction is prohibited by applicable law. SmartAC.com may suspend or terminate access where reasonably necessary to protect the Services, users, SmartAC.com, or others, or for a material breach.
5. Disclaimer
The materials on SmartAC.com's web site are provided "as is". SmartAC.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SmartAC.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
6. Alerts; Service Data; No Professional Advice
The hardware and Services may collect and transmit information relating to HVAC equipment, its operation and performance, network connectivity, configuration, interactions with the Services, and related metadata (“Service Data”). Service Data, alerts, predictions, recommendations, and other outputs are informational only. They may be delayed, incomplete, unavailable, or inaccurate and do not replace regular inspection, maintenance, diagnosis, or professional advice. You and your Contractor remain responsible for safety, maintenance, repair, and emergency decisions. Do not rely on the Services to prevent personal injury, property damage, equipment damage, utility charges, or other loss. For emergencies, contact emergency services or a qualified service professional.
7. Limitations
In no event shall SmartAC.com or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on SmartAC.com's Internet site, even if SmartAC.com or a SmartAC.com authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
8. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTAC.COM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND PERSONNEL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTAC.COM’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE LESSER OF (A) THE AMOUNTS PAID DIRECTLY TO SMARTAC.COM BY THE CLAIMANT FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100. These limitations do not apply to liability that cannot lawfully be excluded or limited.
9. Revisions and Errata
The materials appearing on SmartAC.com's web site could include technical, typographical, or photographic errors. SmartAC.com does not warrant that any of the materials on its web site are accurate, complete, or current. SmartAC.com may make changes to the materials contained on its web site at any time without notice. SmartAC.com does not, however, make any commitment to update the materials.
10. Links
SmartAC.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SmartAC.com of the site. Use of any such linked web site is at the user's own risk.
11. Site Terms of Use Modifications
SmartAC.com may revise these terms of use for its web site from time to time. Material changes will apply prospectively from their effective date, and SmartAC.com will provide notice, obtain acceptance, and preserve non-waivable consumer protections as required by applicable law. By using this web site after the effective date, you are agreeing to be bound by the then current version of these Terms and Conditions of Use, subject to applicable law.
12. Data Rights
You retain rights in personal information to the extent provided by applicable law. You authorize SmartAC.com to collect, use, host, reproduce, modify, and disclose Service Data and other information you provide as necessary to operate, secure, support, and improve the Services; provide alerts and information to the applicable Contractor; comply with law; and as described in the Privacy Policy and applicable customer agreement. SmartAC.com may create, use, disclose, and retain aggregated and de-identified data for lawful business purposes, including analytics, benchmarking, product development, and training, testing, and improving algorithms and artificial-intelligence models, provided that SmartAC.com maintains the data in de-identified form and will not attempt to reidentify it except as permitted by applicable law to test de-identification safeguards.
13. Governing Law
Any claim relating to SmartAC.com's web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
14. Intellectual Property and General Terms.
The Services and related software, content, models, designs, trademarks, and intellectual-property rights are owned by SmartAC.com or its licensors. Subject to these Terms, SmartAC.com grants you a limited, personal, revocable, non-transferable, non-sublicensable license to use the Services for their intended purpose during the applicable subscription or authorized-access period. These Terms are governed by Delaware law, excluding conflicts rules, except where the laws of your jurisdiction cannot be waived. To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively on an individual basis in the state or federal courts located in Delaware, and you and SmartAC.com waive any right to have any dispute resolved as a class, collective, consolidated, or representative action. This provision does not deprive a consumer of protections or forum rights that cannot lawfully be waived.