- GENERAL TERMS
EnergyWise and its subsidiaries and affiliates (collectively “EnergyWise” or “we”) manufacture, market, and sell electronic indoor air quality measuring Devices (the “Device”) and provide additional features such as a website located at foobot.io (the “Site”), a mobile application, downloadable software, and a service to save energy (collectively, the “Services”). These Terms of Service (the “Terms”) apply to your use of the Device and the Services.
As described below, you agree to allow us to automatically update software related to the Device and the Services without notifying you or requesting your consent.
You acknowledge that the Device and the Services do not constitute medical equipment or medical advice of any kind, as described in further detail below.
Please read these disclosures carefully, as your use of the Device and Services constitutes acceptance of them. If you do not agree with any of the provisions of these Terms, you should not access or use the Services.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
- UPDATES AND MODIFICATIONS
We shall have the right at any time and from time to time to change or modify these Terms. We will post notice of any such modified Terms to this page along with a “Last Updated” date. Your continued use of the Device or Services after such notice is given shall be deemed to constitute your acceptance of the modified Terms.
- ACCOUNT REGISTRATION
By creating an account using the Site or other Services (your “Account”), you gain access to additional functions and features of the Device and Services. This allows you to access the information collected by the Device (the “Data”), observe trends in the Data and receive recommendations for reducing your indoor air pollution.
When creating your Account, you agree to provide accurate and current information in response to all questions asked. This includes, but is not limited to, your name and email address. You are responsible for regularly updating your information to ensure that we have current, complete, and accurate information for your Account at all times.
You are responsible for maintaining the confidentiality of your Account, including your login information and password. You agree to maintain your password securely and will be responsible for all activities that occur under your Account. If you suspect any unauthorized use of your Account, you agree to immediately notify us at email@example.com. We are not liable for any loss or damage arising form your failure to comply with the above requirements.
We care about the security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
We have the right to immediately suspend or terminate any of your Accounts in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.
You may terminate your account at any time by sending us a request at firstname.lastname@example.org. Upon termination of your Account, you will no longer have access to the Services; however, you may continue to be able to use your Device with limited functionality.
If you transfer the Device to a new owner, your right to use the Services with respect to that Device will automatically terminate. The new owner will have no right to use the Device or Services under your Account and will need to register a separate Account.
Access Outside of Supported Countries
Although the Site is accessible worldwide, the Device and the Services are not available to all persons or in all countries. If you choose to access the Site from outside a country in which we support the Device and the Services listed here (the “Supported Countries“), you acknowledge that you do so on your own initiative and at your own risk. You acknowledge that the Site is not designed for use other than in Supported Countries and that some or all of the features of the Site may not work or be appropriate for use outside of the Supported Countries. To the extent allowable by law, we shall have no responsibility or liability for any damage or loss caused by your access or use of the Site, the Device, or the Services other than in Supported Countries. You will be bound by these Terms wherever you access or use the Site, or use the Device or the Services.
You are solely responsible for ensuring your compliance with local, state, national, and international laws, rules, and regulations. You represent and warrant that your use of the Device and/or the Services does not violate any federal or other applicable law or regulation.
The Device and Services are for use by individuals aged 13 years or older. Use of the Device or Services by anyone under the age of 13 is strictly prohibited and is a violation of these Terms. If you are 13 or older but under the age of 18, you should review these Terms with a parent or guardian to make sure you understand the obligations of these Terms.
To use the Devices, you must have (i) a Device, (ii) a working wireless broadband Internet connection, (iii) an Account, (iv) a mobile client such as a smartphone or tablet (required for some functionality), and (v) any additional elements that may be specified by us. It is your responsibility to ensure that you have all required elements, that they are compatible with one another, and that they are properly configured. You acknowledge that these factors may limit the performance of the Services and that the Services may not be available at all times. The Services may be suspended temporarily with or without notice due to maintenance, repair, system failure, or other reasons.
The Services rely on third-party products and services to function properly and completely. We do not control these products or services, nor do we make any representations as to the reliability of these products or services. The functionality and accessibility of the Services may be impacted by third-party products and services. You agree that we are not responsible for damages and losses due to the operation of third-party products and services.
The Services may contain links to other services, websites, and vendors (the “Third-Party Sites”). You acknowledge that such Third-Party Sites are not monitored, endorsed, or approved by us and are not under our control. We do not make any representations with regard to such Third-Party Sites. You access such Third-Party Sites at your own risk.
By using the Device or the Services you agree to the following:
- You will not access the Services in order to build a similar or competitive service;
- You will not reverse engineer, disassemble, reverse compile, or make derivative works of any component of the Device or the Services;
- You will not copy, reproduce, distribute, republish, download, display, post, or transmit the Services in any form or by any means, unless specifically authorized by EnergyWise in writing;
- You will not use the Services to distribute any viruses, worms, or other software that may harm any element of the Services;
- You will only access the Services in the methods described in these Terms; and
- You will not remove, alter, or obscure any intellectual property rights notices that may be displayed in connection with the Device or the Services.
As noted in Section 1, we may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Device and the Services (the “Updates”). These Updates may be automatically installed without any additional consent or action on your part. If you do not agree to have these Updates automatically installed, you should discontinue your use of the Device and the Services.
Some Updates may not be able to be installed automatically. In such instances, we will electronically request that you install such Updates. You agree to promptly install any and all Updates upon request.
- LIMITATIONS AND PRECAUTIONS
THE DEVICE AND THE SERVICES DO NOT CONSTITUTE A MEDICAL OR EMERGENCY DEVICE. The Device and the Services are intended to be used for informational purposes only. You acknowledge that the indoor air quality information and any other information provided by us via the Services does not constitute medical advice.
Our goal is to provide you with information to help you improve your wellness by monitoring and improving indoor air quality. However, we are not a licensed medical care provider. We have no authority to diagnose, examine, or treat medical conditions of any kind. Your use of the Device and the Services should not replace your current medical routine and/or the relationship between you and your physician or medical care provider. The Device and the Services are not meant to replace any kind of alarm, detector, or similar device that you may have.
THE DEVICE AND THE SERVICES DO NOT CONSTITUTE A METROLOGY DEVICE. We try to provide accurate information regarding indoor air quality; however, you understand that there is no guarantee, representation, warranty, or endorsement of any kind about any information, recommendation, or services that you access via the Device and the Services. You agree not to hold us liable for the accuracy, reliability, effectiveness, or proper use of information you receive through the Device or the Services. When you rely on such information or take action, you do so solely at your own risk.
You acknowledge these limitations and agree that we are not responsible for any health problems or damages that may result from any failure or delay of, or any information you learn from, the Device or the Services.
- INTELLECTUAL PROPERTY
The Device and the Services, the underlying technology, and all intellectual property rights therein, including, without limitation, copyrights, trademarks, patents, trade secrets, and other intellectual property rights, are the sole and exclusive property of EnergyWise or its licensors. This includes, but is not limited to, any software associated with the Device and the Services. We reserve all rights not expressly granted in these Terms. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights, and your use of the Services and/or the underlying software does not convey or imply the right to use the Services or the underlying software in combination with any other information or products.
You may not use the content of the Services in connection with your own website or other platform without our prior written consent.
Through your Account, you may be able to voluntarily share ideas, feedback, suggestions, or other information with us to help us improve our Services (the “Feedback”). We own the exclusive rights, including all intellectual property rights, to all Feedback. All Feedback is non-confidential and is the sole property of EnergyWise. We will be entitled to the unrestricted use and dissemination of the Feedback for any purpose without your further consent and without offering compensation.
Open Source Software
Some of the Services may incorporate software that is subject to “open source” or “free software” licenses (the “Open Source Software”). Some of the Open Source Software is owned by third parties and its use is governed by the end user licensing agreements of those third parties. Nothing contained in these Terms shall limit your rights under, or grant you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, we shall make such Open Source Software available by written request, along with our modifications to that Open Source Software.
These Terms will remain in full force and effect as long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms.
THE WARRANTY FOR THE PRODUCT AND THE UNDERLYING SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE END USER LICENSE AGREEMENT, RESPECTIVELY.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AS TO THE OPERATION OF THE SERVICES, THE CONTENT OF THE SERVICES, AND THE INFORMATION MADE AVAILABLE VIA THE SERVICES.
ENERGYWISE ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THE SERVICES. USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER ENERGYWISE, ENERGYWISE’S AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES, OR LICENSEES WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, AVAILABLE AT ANY TIME, AVAILABLE FROM ANY PARTICULAR LOCATION, OR SECURE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THESE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ENERGYWISE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- LIMITATION OF LIABILITY
IN NO EVENT WILL ENERGYWISE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENERGYWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION PROVIDED BY THE SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless EnergyWise, its affiliates, partners, service providers, licensors, directors, officers, employees, agents, and assignees from and against all claims expenses, losses, liabilities, and costs, including reasonable attorneys’ fees, resulting from (i) any breach of these Terms or your negligent and wrongful conduct; (ii) your use and access of the Device or Services; and (iii) any violation by you of any applicable law, rule, or regulation, including the violation of any intellectual property or other third party rights. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting available defenses.
- DISPUTE RESOLUTION
You agree that any dispute between you and EnergyWise arising out of or relating to these Terms, the Device, or the Services (collectively, “Disputes”) will be governed by the procedures outlined below.
Informal Dispute Resolution
We prefer to resolve your concerns without resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve your Dispute informally by contacting email@example.com. We will attempt to resolve the Dispute informally by contacting you through email. If the Dispute is not resolved within ten (10) days after submission, you or we may bring a formal arbitration proceeding as outlined below.
Any Dispute that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property or confidentiality rights, we may seek injunctive, monetary, or other appropriate relief in any state or federal court in the State of New York (and we may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant us our reasonable fees and costs (including reasonable attorney’s fees) incurred by us in any action to enforce these Terms.
- GOVERNING LAW
Our address may be found https://foobot.io/privacy/. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.