Terms & Conditions
Terms of Use
Scope and Applicability
These Terms of Use (“Terms”) apply to all visitors to and users of the websites, platforms, apps and services provided by Smart Cocoon Inc. (“Smart Cocoon”), including but not limited to the Smart Cocoon website located at mysmartcocoon.com, and all associated sites linked to mysmartcocoon.com, services accessible through the Sites (“Web Apps”), software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”), all for use in conjunction with Smart Cocoon Products (“Products”), as well as any other or future website, platform, app or service, now or in the future available from Smart Cocoon. The term “Services” means the Sites, Web Apps, Mobile Apps, and Subscription Services (collectively, “Services”).
These Terms constitutes a legal agreement between you and Smart Cocoon, and should be read together with the Privacy Policy. Please refer to the Privacy Policy at https://mysmartcocoon.com/pages/privacy-policy for a full description of how we receive, transmit, and protect your data. By submitting your personal information and using our Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user submissions in compliance with our Privacy Policy, as we deem necessary for use of the Services.
We reserve the right in our sole discretion to revise and update these Terms from time to time, without prior notice. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services and Products. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these. We may provide you with notices, including those regarding changes to these Terms, by postings on any of the Services, email to you or other electronic means of communication. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
BY ACCESSING AND USING THE SERVICES AND THE PRODUCTS, OR BY ACCEPTING THESE TERMS THROUGH A SITE, WEB APP OR MOBILE APP, YOU ARE INDICATING THAT YOU READ, UNDERSTAND AND ACCEPT THESE TERMS AND ANY OTHER NOTICES POSTED ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE ANY OF THE SERVICES AND THE PRODUCTS. You may then, within thirty days of the date of your purchase of the Product(s), return the Product(s) in its original packaging and sale condition to: (a) Smart Cocoon directly if you have purchased from Smart Cocoon, or (b) to the authorized reseller or distributor from whom you purchased the Product(s), and you will be provided a full refund of the purchase price paid within thirty days of its receipt of the return.
YOU REPRESENT AND WARRANT THAT YOU OR THE ENTITY THAT YOU REPRESENT HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU OR THE ENTITY THAT YOU REPRESENT ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU OR THE ENTITY THAT YOU REPRESENT DO NOT MEET THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICES OR PRODUCTS.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE ANY OF THE SERVICES AND THE PRODUCTS.
Use of the Services and Products
Permitted Access and Use. Subject to these Terms, you may access and use the Services and Products for controlling and monitoring the Products you own or are authorised to control (the “Permitted Purpose”).
When accessing and using the Services and Products, you agree to comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data and privacy laws. You further agree to abide by any additional requirements governing the access and use of any specific Service and Products that may be set out in the Privacy Policy and the End User Licence Agreement (EULA). The requirements laid out in the Privacy Policy and the EULA governing access and use of any Service and Products supersede that laid out herein in the event of a conflict.
You assume all risk and liability for any loss, damage or injury, including death, to persons or property arising out of the use or operation of the Products.
Restrictions. By accessing and using the Services and Products, you agree not to, directly or indirectly: (i) use or attempt to use another user’s account, user ID, password, likeness, or any other information in connection with the Services; (ii) access or use or attempt to access or use the Services or Products unlawfully (including, but not limited to, bypassing or subverting safeguards); (iii) use the Services or Products to engage in any activity in violation of applicable laws and regulations; (viii) disrupt or interfere with another user’s access and use of the Services; (ix) disrupt network services and otherwise disrupting Smart Cocoon’s ability to monitor the Services; and (x) otherwise attempting to interfere with the proper working of the Services and Products.
Use of the Services and Products is prohibited in any jurisdiction where the Services and Products may violate any laws or regulations. You agree not to access or use the Services and Products in such jurisdictions. You are responsible for your compliance with all applicable laws and regulations in connection with the Services and Products.
Jurisdictions. Although at least some of the Services are accessible worldwide, the Products and Services provided or accessed are not available to all persons or in all countries. If you choose to access the Services from outside a country in which Smart Cocoon supports the Products and Services listed here (“Supported Country”), you are solely responsible for complying with applicable local laws in that country. You understand and accept that the Services are not designed for use outside a Supported Country and that some, or all, of the features of the Services may not work or be appropriate for use in such a country. To the extent permissible by law, Smart Cocoon accepts no responsibility or liability for any damage or loss caused by your access or use of the Services or Products outside a Supported Country. You will be bound by these Terms wherever you access or use the Products or the Services.
Modifications to the Services
Modifications. We reserve the right to add, alter, suspend or discontinue in whole or in any part, the Services, including the availability of the Services, at any time without notice. We may also impose limits on certain features and aspects of the Services or restrict your access to parts of or all of the Services without notice or liability to you. We will not be liable if, for any reason, all or any part of the Services is restricted to users or unavailable at any time or for any period.
We assume no obligation to update the Products, and any reliance upon the Products obtained from the Services will be at your sole risk.
Automatic Software Updates. Smart Cocoon may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, discontinue use of the Services and the Products. If you do not terminate a previously created user account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Products and you agree to install any Updates that Smart Cocoon provides promptly. Your continued use of the Services and the Products is your agreement to these Terms with respect to the Services and Products, to the EULA with respect to updated software, and any change or updates that Smart Cocoon may make to these Terms or the EULA over time.
Accounts to the Services
Account Registration. The Services may require you to register for an account. If you register for an account, you agree to: (i) answer any registration questions and/or forms accurately, currently and completely; (ii) maintain and promptly update any registration information and any other information you provide; (iii) protect the security of your user ID and password for your account; and (iv) accept all risks of unauthorized access to your registration information and any other information you provide.
Security. The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, Smart Cocoon cannot guarantee that unauthorised 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.
You are entirely responsible for all usage or activity on the Services using your user ID and password, including, but not limited to, use of your password by any third party. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE OF YOUR USER ID OR PASSWORD.
Limitations of Services and Products
No Reliance. The content provided via our Services is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Services is accurate, complete, or up to date. Your use of the Services is at your own risk and Smart Cocoon has no responsibility or liability whatsoever for your use of the Services.
This Services may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Smart Cocoon. Smart Cocoon has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Unless explicitly promising a “guarantee”, Smart Cocoon does not guarantee or promise any specific level of energy efficiency and/or savings, or other monetary benefit from the use of the Products or Services or any feature thereof. Actual energy savings and monetary benefits vary depending on factors beyond Smart Cocoon’s control or knowledge. From time to time, Smart Cocoon may use the Services to provide you with information that is unique to you and your energy usage and suggest an opportunity to save money on energy bills if you adopt suggestions or features of the Products or Services. We do this to highlight an opportunity based on our analysis and information about you and your household. You acknowledge that this information is not a guarantee of actual savings and you agree not to seek monetary or other remedies from Smart Cocoon if your savings differ.
Third Party Services and Equipment. You acknowledge that the availability of the Services is dependent on various third party services and equipment outside of Smart Cocoon’s control, such as but not limited to, (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”) and (iii) your mobile device operator (“Operator”). You are responsible for all fees charged by these third parties in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service and other policies of these third parties.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g., the Google Play Store from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and Smart Cocoon and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with such App Store terms and conditions, and your licence to use the Mobile Apps is conditioned upon your compliance with such App Store terms and conditions. To the extent that such other terms and conditions from such App Store are less restrictive than or otherwise conflict with the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
Termination. We may, in our sole discretion, suspend, cancel or terminate your right to use the Services, or any part of the Services, at any time, with or without notice, for any reason, including, without limitation, breach of these Terms. Without limiting the foregoing, any fraudulent, abusive, or illegal activity, or activity that compromises the security of the Services, or impedes the enjoyment or access of others to the Services will result in the termination of your access including, but not limited to, access to your account. In the event of termination, you are no longer authorized to access the Services, or the part of the Services affected by such cancellation or termination and all contents associated with your account will be permanently deleted.
Such action is in addition to, and not in lieu or limitation of, any other right or remedy we may have available at law. The disclaimers, restrictions imposed on you with respect to the Products and limitations of liabilities and obligations to indemnify, set forth in these Terms, shall survive the termination of these Terms. We shall not be liable to you or any third party for any such termination or discontinuance.
Intellectual Property Rights and Ownership
You understand and agree that the Services and its entire content, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Smart Cocoon, its licensors, or other providers of such material and may be protected in one form or other under applicable intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Smart Cocoon and all related names, logos, designs, images, and slogans are trademarks of Smart Cocoon. You must not use such marks without the prior written permission of Smart Cocoon. Other names, logos, designs, images, and slogans mentioned, or which appear on the Services and Products are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws.
Users are not permitted to modify copies of any materials from the Services, nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. You must not access or use for any commercial purposes any part of the Services or any materials available through the Services.
You have no right, title, or interest in or to the Services or to any content on the Services, and all rights not expressly granted are reserved by Smart Cocoon. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
User Information and Aggregated Statistics
User Information. Smart Cocoon takes the protection of your data very seriously and strictly abides by the data protection laws that apply to it. During your access and use of the Services and Products, data related to such access and use (“User Information”) are collected, processed and analyzed. Such User Information can include personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information) and usage information (i.e., information related to the usage of the Services and Products without relying on information that personally identifies you). Smart Cocoon’s Privacy Policy explains how it collects, uses, discloses, and protects your personal information.
Aggregated Statistics. Notwithstanding anything to the contrary in these Terms, Smart Cocoon may monitor your use of the Services and Products, and collect and compile data and information related to your use of the Services and Products to be used in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services ("Aggregated Statistics"). You hereby grant to Smart Cocoon a non-exclusive, royalty-free, worldwide licence to perform analytics on, compile, or create derivative works from the anonymized User Information for the purpose of generating usage recommendations, developing and improving the Services and Products, and conducting sales, marketing, and business decisions.
As between Smart Cocoon and yourself, all right, title, and interest in the Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Smart Cocoon. You acknowledge that Smart Cocoon may compile Aggregated Statistics based on information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you or on your behalf through the Services. You agree that Smart Cocoon may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law, provided that such Aggregated Statistics do not identify you.
Third-party service providers may be used to perform some of these functions and those service providers will be subjected to confidential terms and restricted from sharing your information for any purposes. Smart Cocoon, or its third-party service providers, may aggregate, perform analytics on, compile, or create derivative works from the anonymized User Information.
Utility Service Providers. By using the Services and Products, you authorize Smart Cocoon to share your User Information with utility service providers to the extent necessary for analysis, diagnostic, and improvement purposes. Smart Cocoon may disclose such User Information to third-parties only where such User Information: (a) has been rendered anonymous by stripping any information that could reasonably link such User Information back to you, (b) is distributed in such a manner to ensure that the User Information cannot be reverse-engineered or tracked back to you, or(c) is aggregated and co-mingled with data consisting of multiple users or used in manner to describe the use of the Services and Products.
Assignment
Smart Cocoon reserves the right to assign or transfer these Terms in whole or in part without notification or your consent. You may not assign or transfer your rights or obligations under these Terms.
Disclaimer
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENTS PROVIDED VIA THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER SMART COCOON NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SERVICES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE SMART COCOON NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SERVICES OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY MATERIALS ATTAINED VIA THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER SMART COCOON NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTSION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SMART COCOON OR ITS AFFILIATES WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
IN NO EVENT WILL SMART COCOON’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EXCEED THE PRICE PAID FOR THE RELEVANT SMART COCOON PRODUCTS OR SERVICES IN THE PRIOR 12 MONTHS (IF ANY).
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Smart Cocoon and its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Services and Products other than as expressly authorized in these Terms, provided that such loss or damage was not caused by the gross negligence and willful misconduct of Smart Cocoon. Smart Cocoon has the right but not the obligation to participate in any defences or settlement, and will only be responsible for its own legal fees and related expenses.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Entire Agreement
These Terms and the documents identified herein constitute the entire agreement between you and Smart Cocoon regarding the Services and Products, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and/or Federal Court of Canada with respect to all matters relating to your access to and use of the Services and Products as well as any dispute that may arise relating to them. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Severability and Enforceability
If any part of this Terms be declared or held invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity and enforceability of the remainder which shall continue in force and effect and be construed as if this Terms had been executed without the invalid or unenforceable portion and it is hereby declared the intention of the parties hereto that these Terms would have been executed without reference to any portion which may, for any reason, be hereafter declared or held invalid or unenforceable.