SAVANT SYSTEMS, Inc TERMS OF SERVICE FOR CLOUD-BASED SERVICES
These terms and conditions of service (“Terms”) apply to cloud-based services (“Services”) provided by Savant Systems, Inc, a Massachusetts limited liability company whose principal place of business is located at 45 Perseverance Way, Hyannis, MA 02601, either alone or in conjunction with affiliates or business partners. Savant Systems, Inc, along with its affiliates and business partners who provide Services, are referred to collectively as “Savant”.
Basic Information Provided By You For A Free Trial Or Paid Subscription
In order to provide Services to you, Savant may collect from you and store in its cloud or other storage system basic information including, without limitation, your name, address, telephone number(s), email address(es), and information regarding Savant or other products, equipment or systems present in your premises (collectively, “Basic Information”). Savant shall have the right to use Basic Information for any purpose related to Savant’s business activities, and to share Basic Information with Savant’s authorized third party dealers who may use such information for any purpose related to their respective business activities.
Additional Information Provided By You For A Paid Subscription
A third party payment processor, under contract with Savant, may collect and store your credit card or alternative method of payment information for a paid subscription to Services. Savant will not have access to your credit card or alternative method of payment information for Services, and it will not be shared with third parties other than the payment processor.
Additional Information Savant May Collect During A Free Trial Or Paid Subscription
During a free trial or paid subscription, Savant may collect information from you including without limitation (a) device-specific information regarding your smartphone, tablet, computer or other device(s) which are used to interact with a Savant product or service, (b) information about which Savant product(s) or service(s) you interact with, and your navigation among such product(s) or services, (c) the location of your device(s), (d) system configuration and information about the individual components of your system, (e) system performance data including energy usage, security events such as activation/deactivation of security system or door/window opening or closing, HVAC monitoring and adjustment, alarms or alerts, and the like, and (f) questions or inquiries with customer service or technical support (collectively, “Services Information”). Savant shall have the right to store Services Information in its cloud or other storage system and to (a) share Services Information (in a form in which a user is not identified) with its authorized third party dealers, (b) perform data analyses for the purpose of improving Savant’s products or services or developing new products or services, (c) perform data analyses for the purpose of identifying products or services offered by third parties which may be of interest to you, and (d) provide or enable third parties to provide notifications or other communications to you regarding any products or services identified as a result of such data analyses.
Permissions Granted By You To Savant
By registering for a free trial or paid subscription for Services, you grant permission to Savant, for the duration of such free trial or paid subscription, to (a) establish and maintain a network connection between Savant’s cloud service facility and your system, (b) remotely monitor your system up to and including continuous monitoring, and (c) collect, store, and use information in accordance with these Terms.
Changes To Services; Updates, Fixes and Corrections; Access
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trademarks, products, capabilities, features, functions and any other material displayed on, offered through or contained in the Services.
Savant has no obligation to provide updates, bug fixes or error correction for the products and services offered through or contained in the Services. If and when Savant determines to provide updates, fixes or error corrections, either by Over the Air software updates or firmware updates or otherwise) such updates, fixes or corrections may be automatic and without your advance knowledge and consent. Any such updates, fixes or error corrections may delete or change the nature or features of the Services, including functions you may rely upon and you may lose data or information stored in the cloud or in your home’s host/system. Therefore, you hereby (a) consent in advance to Savant making any such updates, fixes or corrections, and (b) agree to give Savant access to your host/home system in order for Savant to make any such updates, fixes or corrections. Any updates You also authorize Savant to remotely access the debut console running on your host/home system to diagnose any failures, errors or other issues we remotely detect or in response to your requests for customer support. Any updates, fixes or corrections shall be deemed and shall constitute part of the Services and the terms of this EULA apply to such updates, fixes or corrections.
Retention of Information Provided By Or Collected From You
Upon termination of a free trial or paid subscription for Services, Savant may retain any and all information provided by or collected from you or your system and continue to use such information in accordance with these Terms; notwithstanding, upon written request by you to Savant, any such information will be deleted by Savant to the extent practicable.
Disclaimer Of Warranties
The services and any software, products or other services offered or contained herein are provided on an "as is" basis and on an "as available" basis. Savant makes no representations or warranties of any kind with respect to the services, software, products or other services, and disclaims all such representations and warranties, including, without limitation, for example warranties of merchantability and fitness for a particular purpose, non-infringement of third party rights, error-free or uninterrupted service, accuracy, availability, reliability, security, site availability, site performance, currency and completeness arising from or relating to the services, any content or any links, any software, tools, tips, product or services provided by savant. In addition, savant does not represent or warrant that the information accessible via the services is accurate, complete or current. Price and availability information is subject to change without notice.
Limitation Of Liability
In no event shall savant or any of its respective directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with the services; any materials, information, qualification and recommendations; any software, tools, tips, products, or services offered through, contained in or advertised in connection with the services; any link provided in connection with the services; and your account and subscriber id, whether or not savant has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law. This provision shall survive the termination of your free or paid subscription to the services. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of the services.
You agree to indemnify and hold harmless Savant and its respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms; and (b) your unauthorized use or misuse of Services. This provision shall survive the termination of your right to use Services.
All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or 4 relating to: (a) these Terms; (b) Services; (c) any advertisement or promotion relating to these Terms or Services; (d) transactions effectuated through use of Services, or (e) the relationship which results from these Terms (including relationships with third parties who are not party to these Terms) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Savant related to any Claims. This provision shall survive the termination of your right to use Services.
Savant may at any time and at its sole discretion terminate your right to use Services.
Governing Law And Jurisdiction
Unless otherwise specified, Savant controls and operates Services from offices within the Commonwealth of Massachusetts, U.S.A. If you choose to use Services from other locations, you do so on your own initiative, and are responsible for compliance with any applicable local laws. The laws of the Commonwealth of Massachusetts, without regard to Massachusetts' conflict of laws principles, govern these Terms. You consent and submit to the personal jurisdiction of the courts located in Suffolk County, Massachusetts for the purposes of litigating any action in connection with these Terms or Services.
These Terms constitute the entire agreement between you and Savant with respect to your use of Services and supersede all previous agreements, understandings and representations relating thereto.
Access To Collected Information
You may review and update the information that you provide or that Savant collects in connection with Services by contacting us as described below.
If you have any questions about these Terms, please use the Contact Us page. We welcome your questions and suggestions about our Terms or related Savant policies.