PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY PURCHASING A SUBSCRIPTION, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE, Purchasing Agent AGREES TO THESE TERMS AND CONDITIONS.
SAVANT SUBSCRIPTIONS TERMS AND CONDITIONS
Savant Systems, Inc. (“Savant”, “we”, “our” or “us”) offers subscription plans (“Subscription Service(s)”) for use with the Savant System. Through the Savant Community Portal and Savant Central Management, Authorized Savant Integrators and Contractors (“Purchasing Agent”) can purchase Subscription Services to deploy to end users’ Savant Systems. These Savant Subscriptions Terms and Conditions (“Terms”) govern the purchase of any Subscription Service.
Subscription Term. A subscription to a Subscription Service will begin on the date that Purchasing Agent purchases the subscription through Savant Central Management or the date that Purchasing Agent activates the prepaid subscription purchased through the Savant Community on a Savant System.
Savant offers the following Subscription Services and the term of the Subscription Service is determined by the following types of Subscription Services:
- Prepaid 1 Year Subscription Services: Prepaid Subscription Services have a 1-year term that begins on the date the subscription is activated in Savant Central Management and does not automatically renew (“auto-renew”). Up to five (5) prepaid 1-year subscriptions may be applied at once to a Savant System, thereby bringing the total term for that end user’s system to five (5) years.
- Auto-Renewing Subscription Services: Savant may offer subscription plans that auto-renew on a monthly or yearly basis. The term of an auto-renewing subscription plan begins on the date the subscription is purchased. For each auto-renewing Subscription Service purchased, Savant will charge the payment method on the first day of the new term unless subscription is cancelled prior to first day of the new term.
Cancelation: Purchasing Agent can cancel an auto-renewing Subscription Service at any time. Any canceled subscription will continue until the end of the applicable term. To cancel an auto-renewing Subscription Service, go to the “Subscriptions” tab of the home in Savant Central Management and follow the instructions for cancelation, or contact Savant Support via Live Chat on the Savant Community or call us at 877-SAVANT5.
Auto-Renewing Subscription Services and Savant Central Management. If a home is removed from the Purchasing Agent’s organization in Savant Central Management, either by the Purchasing Agent or by the end user, any auto-renewing Subscription Service tied to such Purchasing Agent will not be auto-renewed.
End User Terms of Service. Use of and access to a Subscription Service by Savant System’s end user is governed by the Terms of Service. Purchasing Agent is responsible for presenting the Terms of Service to the end user before deploying a Subscription Service to the end user’s Savant System. The Terms of Service is available to view in the Savant mobile app.
Payment. Purchasing Agent agrees to pay the applicable Subscription Service fee (plus any applicable taxes or related charges) or the renewal fee as stated in Savant Central Management and the Savant Community at the time of subscribing or renewing. Any agreement Purchasing Agent has with payment provider governs use of specified payment method.
Purchasing Agent may be asked to provide a payment method (such as a credit, charge, debit card number, or a mobile payment platform, e.g., Apple Pay) that Savant accepts in order for Purchasing Agent to subscribe to a Subscription Service or to renew a Subscription Service, as applicable. This information is collected, processed and stored by a third-party payment processor. Purchasing Agent represents and warrants that it has the legal right to use all payment method(s) provided in subscribing to a Subscription Service. Purchasing Agent’s authorizations in this section also apply to third-party payment processors and any other companies who act as billing agents for Savant. Purchasing Agent hereby authorizes the specified payment method to be charged the relevant Subscription Service fee, and/or to place a hold on payment method with respect to any unpaid charges for subscription. Purchasing Agent authorizes the issuer of the selected payment method to pay any amounts described herein without requiring a signed receipt, and agrees that these Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt. Purchasing Agent authorizes Savant to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to the provided payment method until such amounts are paid in full. Purchasing Agent agrees to provide updated payment information to Savant upon request and any time the information previously provided is no longer valid. Purchasing Agent acknowledges and agrees that neither Savant, nor any third party vendor, will have any liability whatsoever for any insufficient funds or other charges incurred as a result of attempts to charge, and/or place holds on, Purchasing Agent’s specified payment method as contemplated by these Terms. If Purchasing Agent provides a debit card number instead of a credit card number, Purchasing Agent authorizes all charges described herein to be applied to such debit card unless and until Purchasing Agent provides a credit card number. If the Subscription Service auto-renews, Purchasing Agent must cancel the subscription before it auto-renews in order to avoid being billed the next subscription fee (plus any applicable taxes or related charges).
Purchasing Agent agrees to pay, through Savant third-party payment processors, all charges at the prices then in effect for the Subscription Service at the time of subscribing, and if applicable to Subscription Service, at the time of renewal. Purchasing Agent agrees to make payment using the payment method provided. Savant reserves the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.
Savant reserves the right to cancel a subscription to a Subscription Service at any time and without advance notice if Savant determines that a violation of any of these Terms has occurred.
Changes to Subscription Service Fees: Savant reserves the right to change fees or pricing for Subscription Services in any manner and at any time in our sole and absolute discretion. Except as otherwise expressly provided in these Terms, any fee or price change will take effect following notice to Purchasing Agent.
Subscription Service Fees for Multiple Subscriptions: Savant may offer multiple Subscription Services that can be deployed on a single Savant System. Should Purchasing Agent purchase an initial Subscription Service for a single Savant System and later add one (1) or more additional Subscription Services (“Additional Subscription”), the Additional Subscription will be treated as follows:
- the term of the Additional Subscription will expire simultaneously with the term of the initial Subscription Service;
- Purchasing Agent will be charged for the Additional Subscription on a pro-rated basis to the align with the existing term of the initial Subscription Service, e.g., if the term of the initial Subscription Service has nine (9) months remaining, for the Additional Subscription, Purchasing Agent will be charged a pro-rated fee for 9 months; and
- if the initial Subscription Service and Additional Subscription are auto-renewing, unless cancelled by Purchasing Agent, they will each auto-renew at the end of the term of the initial Subscription Service.
These Terms are applicable to all Subscription Services. The purchase of additional Subscription Service(s) does not modify or alter the Terms of any previously purchased Subscription Service(s).
No Refunds: Savant does not give refunds for a Subscription Service unless the service is defective, does not match its description, is unavailable or where the law requires that Savant provide a refund. To request a refund for one of the foregoing reasons, contact Savant Support via Live Chat on the Savant Community or call us at 877-SAVANT5.
NO WARRANTY; DISCLAIMERS (THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED UNDER QUEBEC LAW):
PURCHASING AGENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF A SUBSCRIPTION SERVICE IS AT PURCHASING AGENT’S SOLE RISK. PURCHASING AGENT WILL BE SOLELY RESPONSIBLE FOR (AND SAVANT DISCLAIMS) ANY AND ALL HARM, LOSS, LIABILITY OR DAMAGES RESULTING FROM USE OF A SUBSCRIPTION SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, A SUBSCRIPTION SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND SAVANT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO A SUBSCRIPTION SERVICE, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE) INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF DURABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, TITLE, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND SAVANT DOES NOT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF A SUBSCRIPTION SERVICE.
SAVANT DOES NOT WARRANT AGAINST INTERFERENCE WITH ENJOYMENT OF A SUBSCRIPTION SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, WILL ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER GOODS, SERVICES, TECHNOLOGIES, INFORMATION OR MATERIALS, BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, A SUBSCRIPTION SERVICE WILL MEET PURCHASING AGENT’S OR OTHERS REQUIREMENTS, THAT THE OPERATION OF THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A SUBSCRIPTION SERVICE WILL BE CORRECTED. UNDER NO CIRCUMSTANCES WILL SAVANT BE HELD LIABLE FOR ANY HARM RESULTING FROM USING A SUBSCRIPTION SERVICE, DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH A SUBSCRIPTION SERVICE, ANY DELAY OR FAILURE IN PERFORMANCE OF A SUBSCRIPTION SERVICE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND SAVANT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, MOBILE DEVICE FAILURES OR THEIR CARRIER FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, HOME WIRING FAILURES, ROUTER FAILURES, POWER SOURCE FAILURES, ELECTRICAL POWER FAILURES, SATELLITE FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAVANT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
THE EXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO PURCHASING AGENT.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SAVANT, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUBSIDIARIES, SUPPLIERS OR LICENSORS BE LIABLE TO PURCHASING AGENT OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, PERSONAL INJURY, DAMAGE TO ANY PERSONAL PROPERTY OR DAMAGE TO REAL PROPERTY ARISING UNDER THESE TERMS OR OTHERWISE, OR ANY INCIDENTAL, SPECIAL, INDIRECT,CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO PURCHASING AGENT USE OR INABILITY TO USE A SUBSCRIPTION SERVICE, THE DELETION, FAILURE TO STORE, ACCIDENTAL DISCLOSURE, LOSS, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, THE LEGALITY OF CONTENT OR INFORMATION OR MATERIAL PROVIDED THROUGH A SUBSCRIPTION SERVICE HOWEVER CAUSED REGARDLESS OF CAUSE OR ORIGIN, ON ANY BASIS WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BY BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, CONTRIBUTION, INDEMNIFICATION OR OTHERWISE) AND EVEN IF SAVANT, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, AGENTS, SUBSIDIARIES, SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SAVANT’S TOTAL LIABILITY TO PURCHASING AGENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING DEATH OR BODILY INJURY, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) EXCEED THE AMOUNT PAID BY PURCHASING AGENT FOR A SUBSCRIPTION TO A SUBSCRIPTION SERVICE, WHICH WILL BE PURCHASING AGENT’S SOLE AND EXCLUSIVE REMEDY AGAINST SAVANT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SAVANT DISCLAIMS ALL LIABILITY OF ANY KIND OF SAVANT’S LICENSORS, SUPPLIERS AND ANY THIRD PARTIES WHOSE MATERIALS ARE INTEGRATED OR LINKED TO A SUBSCRIPTION SERVICE. THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESE LIMITATIONS MAY NOT APPLY TO PURCHASING AGENT.
Jurisdiction and Applicable Law All matters relating to a Subscription Service and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware, and Purchasing Agent irrevocably consents to the jurisdiction of the federal and state courts located in Wilmington, Delaware for any action arising out of or relating to these Terms, although Savant retains the right to bring any suit, action or proceeding against Purchasing Agent for breach of these Terms in Purchasing Agent country of residence or any other relevant jurisdiction. Purchasing Agent waives any and all objections to the exercise of jurisdiction over Purchasing Agent by such courts and to venue in such courts.
How to Contact Savant. For any questions or comments about these Terms or a Subscription Service, please contact Savant by:
- Emailing Savant at: firstname.lastname@example.org or via Live Chat on the Savant Community
- Calling Savant at: 877-SAVANT5 or
- Writing Savant at:
Savant Systems, Inc.
45 Perseverance Way
Hyannis, MA 02601