Last updated: August 5, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.
Capitalized terms not otherwise defined in these Terms and Conditions shall have the following meanings:
Application or Service means the Company’s mobile and/or desktop application, known as the “Conduit App,” as the same may be downloaded by You on any electronic Device from time to time, including all features, content, tools, applications, application program interfaces, widgets and other tools and services as may be included with respect thereto.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Beta Service means any Company products, services, and/or solutions that may be made available to You, with or without charge, for evaluation and review purposes and which are identified as beta, limited release, evaluation, pilot, non-production, or similar designation.
Country refers to the United States.
Company or Conduit (also referred to as "We", "Us" or "Our" in these Terms and Conditions) refers to Conduit Tech, Inc., 444 Somerville Ave., Somerville, MA 02143.
Content refers to content such as text, images, or other information that is posted, uploaded, submission, or linked (or that is made available for posting, uploading, submission, or linking) to the Service by You or on Your behalf, regardless of the form of that content, but excluding any Homeowner Information (as defined below).
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Free Trial refers to a limited period of time in which the Company may permit you to access and use the Service on a no-fee basis in connection with your purchase of a Subscription.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Privacy Policy refers to the Company’s Privacy Policy, available for review at [link].
Subscriptions refer to an individual service plan granting You access to and use of the Service, which is offered on a subscription basis by the Company to You. Subscriptions may be offered with respect to Beta Services on a paying or no-charge basis.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that, together with the Privacy Policy and such other documents and agreements as may be incorporated herein by reference, form the entire agreement between You and the Company regarding Your access to and use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or otherwise made available to You by the Service.
You, as used herein, means the natural person or entity that has agreed to be bound by these Terms, including, without limitation, (i) individuals or entities that purchase or otherwise register for access to the Service, including on a subscription or other basis, (each, a “Subscriber”), or (ii) individual employees or representatives of a Subscriber who access or use the Service as authorized users of such enterprise (each, an “Authorized User”).
These Terms and Conditions govern Your access to and use of the Service and constitute a binding agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICE OR ANY PORTION THEREOF IN ANY MANNER, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICY; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
THESE TERMS MAY REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF THE “DISPUTE RESOLUTION” SECTION BELOW.
THE COMPANY MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.
The Service is offered on a subscription basis and in accordance with the individual service plan selected by the Subscriber at the time of check-out. We may modify, terminate, or replace any Subscription from time to time in our sole discretion and without prior notice; provided, however, that any such modification, termination, or replacement shall not become effective until the end of the then-current Subscription term. The scope of benefits available to you with respect to any Subscription shall be as described or otherwise limited by the terms disclosed to the Subscriber at the time of purchase of the Subscription.
In consideration of Conduit’s provision of the Service, Subscriber will pay to Conduit all fees and other amounts applicable to its Subscription at such frequency and on such terms as may be set forth at the time of purchase. You must have a current and valid credit card, debit card, or other payment method acceptable to or as specified by Conduit (a "Payment Method") in order to purchase any Subscription. By providing a Payment Method to Conduit, You are expressly authorizing Conduit to charge your Payment Method with all fees and other amounts applicable to your Subscription at the applicable frequency and at the then-current rate. Note that, where you have committed to a minimum or fixed Subscription term, Conduit will continue to bill your Payment Method for all fees and amounts due with respect to your Subscription throughout such minimum or fixed term. Should automatic billing to your Payment Method fail to occur for any reason, Conduit will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions. ALL SUBSCRIPTION FEES AND OTHER CHARGES ARE FULLY EARNED UPON PAYMENT AND, EXCEPT WHERE OTHERWISE EXPRESSLY SET FORTH HEREIN OR IN TERMS PRESENTED TO YOU AT THE TIME OF PURCHASE, ARE NON-REFUNDABLE.
Except where otherwise set forth at the point of purchase, all purchased Subscriptions shall automatically renew for additional subscription terms of the same length unless the Subscription is canceled by the Subscriber or terminated by us before the date of such renewal. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS FOR A RENEWAL PERIOD IN ORDER TO AVOID BILLING FOR THE RENEWAL PERIOD TO YOUR PAYMENT METHOD AT THE THEN-CURRENT PRICE.
You may cancel Your Subscription renewal either through Your account settings page or by contacting the Company, or, if the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
Please note that You may cancel your Subscription at any time; however, that except where otherwise expressly set forth herein or in terms presented to You at the point of purchase, (i) any such cancellation will not become effective until the expiration of Your then-current Subscription term, and (ii) You will continue to have access to the Service (subject to your compliance with the terms hereof) during any period for which you have already paid or for the remainer of any minimum or fixed term to which you have committed, where applicable. EXCEPT WHERE EXPRESSLY SET FORTH AT THE TIME OF PURCHASE, CONDUIT DOES NOT PROVIDE REFUNDS OR CREDITS FOR SUBSCRIPTIONS, INCLUDING FOR ANY PARTIALLY-USED SUBSCRIPTION TERMS, AND ANY MID-TERM CANCELLATION OF YOUR SUBSCRIPTION WILL NOT RELIEVE YOU OF PAYMENT OBLIGATIONS WITH RESPECT TO THE REMAINER OF ANY MINIMUM OR FIXED TERM TO WHICH YOU HAVE COMMITTED.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, or otherwise set forth above, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY FREE TRIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITH NO WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED. THE COMPANY SHALL HAVE NO OBLIGATIONS NOR LIABILITY OF ANY KIND WITH RESPECT TO ANY FREE TRIAL OR ANY ACCESS TO THE SERVICE GRANTED WITH RESPECT TO THE FOREGOING, EXCEPT WHERE SUCH LIMITATION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW.
The Subscription fees and other charges specified in these Terms or otherwise applicable to your use of the Service are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). You are responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on the Company’s net income.
The Company may offer from time to time promotions with respect to the Service (including, without limitation, Free Trials, that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
As part of your Subscription, the Company may provide You with Company-owned or branded devices for Your use with the Service (“Company Devices”).
Any provision of Company Devices to You is made on a rental basis during the term specified in your Subscription or applicable ordering document, and is subject to your payment of all associated fees. You understand and acknowledge that the Company shall retain title to all Company Devices, and You acquire no ownership, title, right, equity or interest in the Company Devices, other than the limited rental rights contemplated hereby.
You understand and acknowledge that any Company Devices offered for rental in connection with the Service are offered “AS IS,” “WITH ALL FAULTS,” and without warranty of any kind. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR POSSESSION, USE, AND CONTROL OF THE COMPANY DEVICES, INCLUDING, WITHOUT LIMITATION, ALL RISK OF PERSONAL INJURY, DEATH, THEFT, LOSSES, DAMAGES AND DESTRUCTION, WHETHER OR NOT YOU ARE AT FAULT.
You shall not, and shall not permit any other person to: (i) alter, disassemble, or attempt to repair or change the Company Devices in any manner; (ii) use the Company Devices for any purpose other than in connection with the Service; (iii) modify or install software on any Company Device; (iv) remove any labeling or proprietary notices from the Company Devices; (v) sell, transfer, encumber, or sublet the Company Devices in any manner; (vi) permit access to or use of the Company Devices in any manner by anyone other than your representatives, agents, employees, or officers that are authorized by you to use the Company Devices (provided, however, that you shall remain responsible and liable for any access or use of the Company Devices by such persons); or (vii) use the Company Devices in any manner that violates, or is likely to violate, any applicable law, rule, or regulation.
All Company Devices must be returned to the Company (i) at the time and through the delivery manner specified by the Company, and (ii) in the same condition as the Company Devices were in at the time of provision by the Company (excepting ordinary wear and tear). YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR AND SHALL PAY ALL COSTS, EXPENSES AND CHARGES ARISING FROM DAMAGE OCCURRING WITH RESPECT TO THE COMPANY DEVICES DURING THE PERIOD OF YOUR RENTAL (BEYOND ORDINARY WEAR AND TEAR).
Where applicable to your Subscription, You may also be permitted to access the Service via your own Device. If you elect to use Your own Device to access the Service, the Service will require access to, and you will be required to grant access to, certain features and functionalities of your Device, such as your Device’s camera and photo library. You understand and acknowledge that, if You do not provide all consents and permissions necessary for the Service to properly access and operate by means of Your Device, the Service (or certain portions hereof) may then be inaccessible or not operate as intended, and Conduit will have no obligations or liability to You with respect to the same.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible and liable for all activities conducted through Your account (and, if you are a Subscriber, through the account of any of your Authorized Users), regardless of who conducts those activities.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
Passwords and other login credentials provided by Company are user-specific, and may not be shared by You (including to other Authorized Users within your organization). You agree not to disclose or share Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You agree to access and use the Service solely for Your use in accordance with all applicable law. You shall not, and shall not attempt to: (i) copy, reproduce, frame, mirror, modify, decompile, disassemble, create derivative works based on, or reverse engineer the Service or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (ii) copy, modify, create derivative works of, retransmit, sell, license, exploit, reuse, repost, broadcast, or otherwise distribute any content made available to You through the Service; (iii) except as expressly contemplated herein with respect to Homeowners, provide any third parties with access to any of the Service, or use any of the Service for time sharing or similar purposes for the benefit of any third party; (iv) sell, resell, rent or lease the Service; (v) remove any copyright or proprietary notices contained in the Service; (vi) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the Service; (vii) scrape or access the Service via any bot, web crawler or non-human user; (viii) access or use (or permit a third party to access or use) the Service for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the Service or for any other benchmarking or competitive purposes; (ix) attempt to gain unauthorized access to the Service or any related systems, software or networks; (x) access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Service; (xi) use the Service to transmit viruses or malicious code; (xii) deceive or defraud any individual or entity, including any Homeowner; or (xiii) make any use of, or take any other action with respect to, the Service or any component thereof in a manner that violates applicable law or any provision of these Terms. You shall be liable to Company for any violation of these Terms by You, and, if you are a Subscriber, for any violation of these Terms by any Authorized User.
You understand and acknowledge that the Service has not been certified by the Air Conditioning Contractors of America or any other relevant HVAC trade bodies. Any use of the Service by You, including Your use of any results or outputs generated thereby, is at Your discretion and at Your own risk.
Our Service allows You to post or otherwise submit Content. You are responsible for the Content that You post, input or submit to the Service, including its legality, reliability, and appropriateness.
If you submit any Content to the Service, You hereby grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content, Homeowner Information (as defined below), or other information or content (collectively, “Submissions”) that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Submissions include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Submission is appropriate and complies with this Terms, and to refuse or remove the same. The Company further reserves the right to make formatting and edits and change the manner of any Submission. The Company can also limit or revoke the use of the Service if the Company determines, in its sole discretion, that You have posted, uploaded, or otherwise submitted any objectionable Submissions. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
The Service is designed to allow users to generate energy-efficient, room-by-room HVAC design plans and estimates. When You use this functionality with respect to the property of your current or prospective customers or other third parties (“Homeowners”), you may be required to collect and/or input or submit to the Service certain information relating to the applicable Homeowner and their property (“Homeowner Information”). This Homeowner Information may include, but is not limited to, (i) the Homeowner’s name, email address, telephone number, property address, property characteristics, and unique health and other considerations relevant to HVAC design, and (ii) the results of a scan of the property in 3D block form, conducted through the Application.
Prior to collecting and/or inputting any Homeowner Information to or in connection with the Service, you must first obtain the consent of the applicable Homeowner to the collection and use of the Homeowner Information by presenting to the Homeowner, and securing the Homeowner’s electronic acceptance of, the Conduit Homeowner Privacy Notice, available at [link]. IF A HOMEOWNER ELECTS NOT TO ACCEPT THE CONDUIT HOMEOWNER PRIVACY NOTICE IN THE MANNER SET FORTH THEREIN, YOU MAY NOT COLLECT ANY HOMEOWNER INFORMATION THROUGH, OR INPUT OR SUBMIT ANY HOMEOWNER INFORMATION TO, THE SERVICE, AND YOU MAY NOT USE THE SERVICE WITH RESPECT TO THAT HOMEOWNER OR THEIR PROPERTY IN ANY MANNER.
By collecting any Homeowner Information through, or inputting or otherwise submitting any Homeowner Information to, the Service, You represent and warrant to the Company that You have obtained all permissions and consents necessary to input and use (and to permit the Company to input and use) such Homeowner Information to or in connection with the Service, including, without limitation, through obtaining the Homeowner’s electronic acceptance of the Conduit Homeowner Privacy Notice. You agree to indemnify and hold harmless the Company from any claims, losses, or liability arising in any way from Your failure to obtain such permissions and consents, including, without limitation, acceptance of the Conduit Homeowner Privacy Notice.
In addition to the foregoing, You understand that the Service may permit you to capture images of certain interior walls of the Homeowner’s property to allow You to provide, through augmented reality visualization, representations of how certain wall-mounted HVAC equipment may look when installed in the Homeowner’s property. These visualizations may be retained by Conduit and included in reports generated with respect to the Service. TO ENSURE THE PROTECTION OF HOMEOWNER CONFIDENTIALITY AND PERSONAL INFORMATION, PLEASE ENSURE THAT THE HOMEOWNER REMOVES ALL IDENTIFYING OBJECTS (INCLUDING, BY WAY OF EXAMPLE AND NOT BY LIMITATION, FAMILY PICTURES, DIPLOMAS, ETC.) FROM THE APPLICABLE WALL PRIOR TO YOUR USE OF THE AUGMENTED REALITY FUNCTIONALITY OR CAPTURE OF ANY ASSOCIATED IMAGES. You, and not Conduit, are fully responsible for ensuring the removal of personal or identifying information or materials from the Homeowner’s applicable interior wall(s), and Conduit will have no responsibility or liability to you, the Homeowner, or any third party with respect to the same.
You understand and acknowledge that the proper performance of the Service, including the generation of accurate HVAC designs and estimates, is dependent upon You making available to the Company, through Your collection and input to the Application, all requested data, including, without limitation, all Homeowner Information with respect to the applicable property. You acknowledge and agree that the Company shall not be liable to You or to any third party for any failure, delay, or deficiency in the performance of the Service arising from (i) any failure by a Homeowner to consent to the collection and use of all necessary Homeowner Information, (ii) Your failure to input Homeowner Information to the Service accurately or to otherwise use the Application in accordance with all Company documentation and instructions, (iii) any Content submitted or inputted by You (or, if you are a Subscriber, by any Authorized User), or (iv) any failure by a Homeowner to provide full, complete, reliable, current, and accurate Homeowner Information and other necessary data or information. Without limiting the foregoing, We make no representations or warranties to You, whatsoever, with respect to the Homeowner Information or Your Content, or the availability, accuracy, quality, or reliability of the same, and We disclaim any responsibility or liability for or with respect to any Submissions or the acts or omissions of any Homeowner.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
You acknowledge and agree that information collected by the Company is subject to our Privacy Policy. By accessing or using the Service, You consent to all actions we take with respect to Your information in compliance with our Privacy Policy.
Through your use of the Service with respect to and for the benefit of Homeowners, you may be provided or receive access to the personal information of such Homeowners, including, without limitation, as may be contained in the Homeowner Information. You agree that you shall only access or use Homeowner Information exclusively for the purpose for which it was provided or made available to you. You may not disclose, sell, rent, or distribute any Homeowner Information to a third party for any purpose not directly related to and necessary for your use of the Service. Additionally, you may not use Homeowner Information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific Homeowner to do so.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@getconduit.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email at info@getconduit.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
As between You and the Company, the Service and all software and other technologies embodied in or used to provide the same, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of the Company. No rights are granted to You other than as expressly set forth herein. Please note that the Service is protected by copyright, trademark, and other laws of both the Country and foreign countries, and Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
As between You and the Company, You shall retain all right, title and interest in and to Your Content, subject to the license granted to the Company hereunder.
As between You, the Company, and any Homeowner, all Homeowner Information shall be and remain the sole and exclusive property of the applicable Homeowner, subject to any licenses or use rights granted to the Company and/or You, including, without limitation, as may be granted under the Conduit Homeowner Privacy Notice.
To the extent You provide the Company with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the Service (collectively, “Feedback”), You hereby assign and agree to assign to the Company all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that the Company will be free to use such Feedback in any manner, including by implementing such Feedback in the Service and/or the Company’s other technologies, products and services, without compensation or other obligation to You or any third party.
Without limiting any of the Company’s other rights hereunder, the Company shall have the right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis using, reproduce and otherwise use, on a de-identified basis, any information, including, without limitation, usage information, that the Company learns, acquires or obtains in connection with these Terms, within the scope of its regular business operations, including, without limitation, (i) developing, operating, and ensuring the integrity of data sets, algorithms or other analytical tools, (ii) testing, implementing, benchmarking, integrating, developing, optimizing or improving Company software and other products and services, and (iii) marketing, distributing, or otherwise making the Company’s products and services available to its customers.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your user account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your user account, You may simply discontinue using the Service.
You agree to indemnify, defend, and hold the Company and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) Your violation of these Terms (and, if You are a Subscriber, any violation by your Authorized Users), including, but not limited to, any access to or use of the Service or any Company Device in any manner not expressly authorized hereunder; (b) Your (and if You are a Subscriber, Your Authorized Users’) collection, input, or submission of Homeowner Information to or with respect to the Service in violation of these Terms; (c) any claim that any Content infringes, misappropriates, or otherwise violates the intellectual property rights or rights of privacy of any third party; (d) Your negligence or willful misconduct, and, if You are a Subscriber, the negligence or willful misconduct of Your Authorized Users; (e) Your breach (and, if You are a Subscriber, the breach by any of Your Authorized Users) of any applicable law, rule, or regulation or your violation of the rights of any third party; (f) any transaction entered into or other interaction between You (and, if you are a Subscriber, any Authorized User) and any third party (including any Homeowner); and (g) any act or omission of any person or entity that accesses the Service through Your user account. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by You, and in such event you agree to cooperate with us in defending such action.
Notwithstanding any damages that You might incur, the cumulative liability of the Company and any of its suppliers for any matters arising under or with respect to the Service or these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to the Company for your applicable Service Subscription in the 6-month period immediately preceding the event given rise to the claim, or, if You haven’t purchased anything through the Service, 100 USD.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
You and the Company each understand and agree that the disclaimers, exclusions, and limitations in this Section and in the following Section are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, You understand that the Company would be unable to make the Service available to You except on these terms and agree that these provisions will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
THE SERVICE AND ANY COMPANY DEVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE AND ANY COMPANY DEVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE OR ANY COMPANY DEVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE OR ANY COMPANY DEVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR DELIVERABLES PROVIDED THROUGH THE SERVICE AND/OR ANY COMPANY DEVICES; OR (IV) THAT THE SERVICE, ANY COMPANY DEVICES, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State of New York, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Please read this Section carefully. It impacts the rights that You may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This “Dispute Resolution” section survives any expiration or earlier termination of these Terms.
Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both You and the Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Service or the breach, enforcement, interpretation, or validity of these Terms ("Claim"), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.
For purposes of this Section, notices must be sent as follows:
If to the Company: to Conduit Tech, Inc., Attn: Legal/Compliance, 444 Somerville Avenue, Somerville, MA 02143, with a copy emailed to info@getconduit.com.
If to You: to any address in or associated with your user account or that you otherwise submit to us through your use of the Service.
Arbitration. To the extent You cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up Your right to go to court to assert or defend Your rights under these Terms and with respect to any Claim. You and the Company each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.
To begin an arbitration proceeding, you must send a written request to the Company at: Conduit Tech, Inc., Attn: Legal/Compliance, 444 Somerville Avenue, Somerville, MA 02143, with a copy emailed to info@getconduit.com. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, You must also send a copy of your written demand for arbitration to AAA when submitting your request to the Company. In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and the Company each agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy Your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither You nor the Company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
In lieu of arbitration, and notwithstanding anything in this section to the contrary, either You or the Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim. Additionally, and notwithstanding anything herein to the contrary, nothing in this section shall prohibit You or the Company from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of these Terms.
Class Action and Jury Waiver. You and the Company each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between You and the Company that this class action waiver is unenforceable, the arbitration agreement set forth above will be void as to You. If for any reason a Claim proceeds in court rather than through arbitration, You and We each waive any right to a jury trial.
The Service is hosted by servers located in the United States. Using the Service may be prohibited or restricted in certain other countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the applicable territory. Without limiting the foregoing, if you attempt to use the Service from a physical location in the European Union, United Kingdom, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Service, which is governed by U.S. law and these Terms (including the Privacy Policy): (i) you are transferring your personal information to the United States; and (ii) you hereby consent to such transfer and to the application of the laws of the United States and the State of New York with respect to any dispute arising from or related to the Privacy Policy and your use of the Service.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, which notice may be provided by posting to the Application, email, or by such other method as we deem reasonable. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
You consent that Conduit can communicate with You by phone or electronically via in-app messages, texts, e-mails, push notifications or any other suitable form of electronic communication (“Messages”). You consent to receiving Messages related to the Service and Conduit, such as but not limited to Messages about Your User Account, technical support, new and existing features of the Service, news concerning Conduit and additional products and services offered by us, or for other promotional or marketing purposes, and agree that Conduit may: (i) contact You at any time regarding the Service, and (ii) employ and use automated means and/or a third-party messaging service to send Messages or contact You regarding the Service.
You understand and agree that You are responsible for keeping your contact information provided to Conduit up-to-date, including in your User Account (as applicable).
You agree and acknowledge that the Service may be temporarily unavailable due to maintenance or other development activities. We will use commercially reasonable efforts to provide You with advance notice of any such unavailability, but shall not have any liability to You for any planned or unplanned unavailability or downtime.
You may not assign or transfer these Terms or any of your rights or obligations hereunder to any other person without the Company’s prior written consent. Any purported assignment in violation of this paragraph is void and of no effect. These Terms are freely assignable by the Company. These Terms shall be binding on the parties and their permitted successors and assigns. Except as otherwise set forth herein, a person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
We will not be liable for any delay or failure in the performance of Our obligations under these Terms if the delay or failure is due to any cause outside of Our reasonable control.
Except as otherwise set forth herein, any notice given under these Terms by any party to another party must be in writing and sent by email, and will be deemed to have been given upon transmission. Notices to the Company must be sent to info@getconduit.com. Notices to You will be sent to any email address associated with Your user account or that You otherwise submit to us through your use of the Service. For contractual purposes, You consent to receive communications from Us in electronic form, and You agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
If You are a California resident, You may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by telephone at (800) 952-5210 or by mail at 400 R Street, Sacramento, CA 95814, United States.
These Terms, together with the Privacy Policy, constitute the sole and entire agreement between You and the Company with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. Any term or provision of these Terms that should, by its nature, survive termination or expiration of these Terms shall survive any such termination or expiration.
If you have any questions about these Terms and Conditions, You can contact us:
By email: info@getconduit.com
By phone number: (650) 246-4862