What our lawyers have to say...
By using the InThrMa EMS Service ("InThrMa" or "inthrma"), you, the end user or appointed agents do agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual InThrMa web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. In this Statement re "Terms and Conditions" ("Statement"), please remember that "you" and "your" refer to the person who is establishing a Customer Account and "we", "us" and "our" refer to InThrMa Inc. ("InThrMa").
If you use our software, you are agreeing to all of these terms.
|2) REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various InThrMa registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or InThrMa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, InThrMa has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. InThrMa does not sell, redistribute or transfer your contact information (email addresses, phone numbers, physical addresses or Internet addresses). You are responsible for maintaining a valid email address. You must provide us with your current email address and promptly notify us of any changes to your email address in your user profile on the Site.
You will register with accurate, truthful information, keep that information up to date and that we won't sell your data to any 3rd parties, period.
|3) CONDITIONS AND RESTRICTIONS ON USE
USE OF THE PRODUCTS AND SERVICES IS SUBJECT TO COMPLIANCE WITH THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. You acknowledge and agree that InThrMa may terminate your access to InThrMa EMS or to any of our other Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by InThrMa. Any such termination shall be in InThrMa's sole discretion and may occur without prior notice, or any notice. InThrMa further reserves the right to terminate any user's access to the InThrMa EMS or to any of the Products and Services for any conduct that InThrMa, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to InThrMa or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Furthermore, an account that is terminated will not receive any refund or compensation for fees or subscriptions paid, for any rendered or yet to be rendered services.
You use our software = you agree to these terms. If we detect any violation in these terms, we can terminate your account, no refunds.
|4) INDEMNITY AND RELEASE
By using the InThrMa EMS and any related services you agree to indemnify InThrMa and its affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the InThrMa web sites, your use of the Products and Services, or your submission of ideas and/or related materials to InThrMa or from any person's use of any account or password you maintain with any portion of the InThrMa, regardless of whether such use is authorized by you or not. By using the InThrMa EMS, using the Products and Services, or submitting any ideas and/or related materials to InThrMa, you are hereby agreeing to release InThrMa and its affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to InThrMa.
We assume no liability should a problem arise from our software.
|5) IP RIGHTS
By using the InThrMa EMS and any related software and services provided by InThrMa you hereby agree that any functionality, programs, report formats and customizations to the software are the work of InThrMa Inc and thereby are granted no ownership or rights to the work. Features and functionality include generally available program functions as well as functions customized and developed for your own use.
We assume all rights for data, features, modifications to the software. We grant NO rights beyond access to use our software on our servers.
|6) MEMBER AND USER CONDUCT
Upon registering, you are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify InThrMa of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. InThrMa cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, software, graphics, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. The InThrMa EMS does not control the user or third party Data and Services (weather information, dynamic DNS services, etc), and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will InThrMa be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. InThrMa does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. InThrMa reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by InThrMa.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. Please see section 14 "PROHIBITED CONDUCT" for an additional list of prohibited conduct.
You are responsible for selecting an appropriate and secure password. Please change it from time to time and do let us know if you suspect that your account has been compromised.
We use 3rd party data sources and we don't assume any liability for the accuracy of their data.
|7) TERMINATION AND TRANSFER
InThrMa does not provide refunds on any unused portion of your account/service/subscription should you: change your mind, sell your thermostat/s, sell your property/properties. ALL SALES ARE FINAL and refunds are not granted. In the case of thermostat or property transfer, any unused portion of a pre-paid subscription may be transfered to another party at InThrMa's discretion.
For hardware purchased from InThrMa, should hardware defects or issues arise within the warranty period offered by the hardware manufacturer of the equipment purchased from InThrMa, the hardware manufacturer of the equipment will handle all and any warranty claims per their warranty terms and conditions for the duration of the hardware's warranty.
All sales final.
Upon registering a new user account with InThrMa you agree to receive a daily 'Tips' email, each day for the first 14 (fourteen) days of your account subscription. This email will only be sent to your registration email on file and is solely intended to familiarize you with the services and features offered by InThrMa EMS.
You will receive helpful emails from us for the first 2 weeks after creating a new account.
|9) CALL HOME
For users of Proliphix NT, TM and IMT series thermostats, each thermostat will have its "Call Home" settings updated/switched from the default factory settings to the appropriate settings for that thermostat to Call Home to the InThrMa EMS system. Making this change, on your behalf, ensures fewer service interruptions as it allows our services to track your IP address should it change.
Your NT, TM, AND IMT thermostats will call home to our servers for more reliable connectivity.
InThrMa EMS users may NOT also use the Proliphix UEM service/services for thermostats registered in your InThrMa EMS account. USING BOTH SERVICES CONCURRENTLY WILL RESULT IN HAPHAZARD AND ERRATIC THERMOSTAT BEHAVIOR.. "Using both services" is defined as: having one or more thermostats "registered" in both service accounts at any given time and doing so voids your right to any implied or granted support rights from InThrMa Inc.
Only use one service. Erratic thermostat behavior is no fun to diagnose, nor is it comfortable or energy efficient.
|11) DATA RETENTION
Upon account expiration (the day after the 'expiration day' of your InThrMa EMS subscription) InThrMa will provide a two week grace period during which we will retain all account data. Beyond the two week grace period, InThrMa may at its sole discretion purge any or all of your account data.
Once your account expires we give you a two week grace period to retain your account data.
|12) GOVERNING LAW
This agreement is governed by the law and regulations of the State of North Carolina, except to the extent that such law is preempted by the applicable federal law.
If legal action is required, we will use North Carolina courts/laws.
|13) PROHIBITED CONDUCT
You agree that you will not use InThrMa Products and Services to:
Be nice, be honest, and we will be too. We're a startup company trying to help you out.
|14) DARK PERIOD
If there is any "dark period", for any Device, (defined as an interruption of continuous InThrMa EMS registration) (i) between the ending of the previous paid term and the User's registration and payment for a subscription period, or (ii) subscription coverage due to an inability to process a payment hereunder when and as due, or (iii) a User's failure to accept a change in terms or pricing for a succeeding subscription period, InThrMa reserves the right to assess an additional one-time charge of $20 per Device to re-establish and re-initiate InThrMa EMS Subscription Service for that Device.
If your account lapses InThrMa may institute a reconnection fee per device based on any changes and reconnection needs.
|15) YOUR RESPONSIBILITIES
You will not use any device (thermostat, sensor, IoT hardware, etc) that still uses the factory/manufacturer's default password or access credentials.
DO NOT USE DEFAULT DEVICE PASSWORDS.
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