These eco+ Terms of Service (“TOS“) are between ecobee Inc. (including any affliates and subsidaries) (“ecobee”) and the entity or person agreeing to these TOS (“You”).
These TOS govern Your access to and use (“use”) of ecobee’s eco+ service (“eco+”, as further described in Section 2 below), whether via an ecobee Internet-enabled residential or commercial thermostat or other ecobee Internet-enabled product (individually or collectively, “ecobee Product”), ecobee’s website located at www.ecobee.com (and the webpages within that website) (“ecobee’s Website”), or an ecobee mobile application that ecobee has made available for download via your smartphone or tablet device(“ecobee Apps”).
Use of eco+ is completely voluntary. You are under no obligation to use eco+ in order to use or benefit from any other ecobee service or product.
You may contact ecobee by e-mail at [email protected] with questions about these TOS.
PLEASE READ THESE ENTIRE TOS CAREFULLY BEFORE USING ECO+.
THESE TOS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THESE TOS ARE A LEGAL AGREEMENT. BY ACCESSING AND USING THE ECO+ PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THESE TOS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TOS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU ARE AGREEING TO THESE TOS ON BEHALF OF ANOTHER PERSON OR ENTITY, THEN YOU REPRESENT AND WARRANT TO ECOBEE THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TOS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE ECO+ PRODUCT AND TO ENTER INTO THIS LEGAL AGREEMENT. YOU FURTHER REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, YOU MAY NOT USE THE ECO+ PRODUCT.
YOU MUST BE ELIGIBLE TO ENTER THESE TOS
You may not use eco+ if You are a person otherwise barred from using the Service under the jurisdiction under which You reside.
UTILITY PROVIDER ACCOUNT
eco+ works by monitoring Your energy use, the usage rate structure of Your utility provider (“Utility”), and any Demand Response programs and Demand Response events that your Utility or its third party implementors of such programs may issue.
By entering into these TOS, you affirmatively consent to the release of Your Utility account data by Your Utility to ecobee in order to enable Your use of eco+. In some jurisdictions, additional measures may be required by law or by Your Utility in order for Your Utility to recognize Your consent to the release of Your Utility account data to ecobee. You acknowledge that you understand that if You do not consent to the release of Your Utility account data by Your Utility to ecobee, ecobee may be unable to provide certain eco+ features to You and you may not realize the full benefit of eco+.
You agree to: (i) provide true, accurate, current and complete information regarding such Utility account; (ii) maintain and promptly update the information You provide to ecobee; and (iii) not enter any irrelevant data into any form or data entry field other than the data requested by ecobee for such field. In the event that You provide, or ecobee reasonably suspects that You have provided, any information that is untrue, inaccurate, not current, or incomplete, then ecobee has the right to suspend or terminate Your use of eco+ and refuse any and all current or future use of eco+.
In order to use all the features of eco+, You must have or set up an account with ecobee prior to Your use of eco+ (“ecobee Account”).
ecobee reserves the right, in ecobee’s sole discretion, to reject any registration for an ecobee Account.
If You choose to set-up an ecobee Account, then You agree to: (i) provide true, accurate, current and complete information; (ii) maintain and promptly update the information You provide to ecobee; and (iii) not enter any irrelevant data into any form or data entry field other than the data requested by ecobee for such field. In the event that You provide, or ecobee reasonably suspects that You have provided, any information that is untrue, inaccurate, not current, or incomplete, then ecobee has the right to suspend or terminate ecobee Account and refuse any and all current or future use of eco+.
Your ecobee Account username and password (“Login Methods”) are solely for Your use or the use of the entity or person you represent. You are solely responsible for the confidentiality and security of Your Login Methods. You are responsible for all activities that occur under Your ecobee Account. ecobee is not obligated to inquire as to the authority or propriety of any use of, or action taken under, Your Login Methods and/or ecobee Account.
DESCRIPTION OF ECO+ SERVICE
eco+ is a personal home energy assistant that simplifies Your life by helping to ensure Your thermostat is optimized to save you money and keep you comfortable, all the time. Many utilities are introducing complicated electricity rates. For homeowners with electricity rates that change throughout the day, eco+ can intelligently shift your air conditioning and/or heating to periods when electricity is less expensive. By connecting eco+ to your Utility provider account, ecobee will manage such energy use for You. You’ll always be in control; you can personalize your settings in favour of prioritizing comfort or maximizing savings. More information is available at https://www.ecobee.com/eco-plus
eco+ may allow you to automatically enroll and participate in annual and seasonal Demand Response programs and events initiated by your utility. These programs reduce energy consumption and load on the grid, reducing the risks of brownouts and blackouts. You will be able to opt out of optional Demand Response events at any time. You can decline participation in all Demand Response programs by keeping your eco+ at the lowest savings level, or by contacting Customer Service to deactivate eco+. Your eligibility to partipate in these programs may vary, depending on the savings preferences you have selected. Your Utility may require you to accept additional third party terms and conditions. In such cases, eco+ will notify you of these third party terms and conditions, and allow you to accept or decline. ecobee does not design such programs or determine customer eligiblity for such programs, those determinations are made solely by Your Utility and/or the relevant Regulatory Body and are outside of ecobee’s control.
Data collected or shared by ecobee with Your Utility or, to the extent required by law, the relevant Regulatory body, may include: Your Name, Your Address, Housing characteristics, your utility account number (if provided by you), your thermostat serial number, your thermostat data and your HVAC usage data. Data collected or shared by your Utility with ecobee may include: Your Name, Your Address, Your Utility account number, Utility account information, your utility meter ID, and utility meter data (collectively, “shared data”). Subject to any applicable statutes, regulations or regulatory decisions or policies, shared data may be used for the purposes of assessing Your eligibility to participate in Utility Programs, verification of your participation in Utility Programs, making intelligent decisions relating to energy production and conservation, providing Demand Response and Energy Measurement and verification services to a Utility or its governing regulatory body. ecobee may also use the shared data to improve its services, including eco+.
Unless required by law, ecobee and your Utility will not sell, rent, use for marketing purposes or otherwise give any of the shared data to a third-party for purposes unrelated to eco+ or the Utility Program, without your consent.
SPECIFIC ACKNOWLEDGEMENTS BY YOU
You acknowledge and agree that:
ecobee may manage and control Your ecobee Product(s) in order to provide eco+ and in order for You to participate in eco+ services;
ecobee may control Your ecobee Products during periods of peak energy demand for the grid, which may or may not be coincident with peak electricity price periods.
ecobee may manage and control Your ecobee Product(s) in order to provide additional energy savings when it provides value to utilities or the electricity grid, for example: during periods of high electricity demand;
You authorize ecobee to share Your Personal Information with Your Utility or its third party implementors solely to the extent necessary to provide the eco+ service.
Your Utility may issue requests for reducing your energy consumption during these peak electricity price periods (aka, “demand response events”). ecobee may turn off Your ecobee Product(s) or change Your temperature set point during these demand response events. You may override ecobee’s control of Your ecobee Product(s) and manually turn on Your affected ecobee Product(s) in such event;
Your Utility may offer programs and/or offer incentives for You to participate in demand response events (“Demand Response Programs”). ecobee may enroll your ecobee Product(s) in these Demand Response Programs for your benefit. In some cases, you may need to accept additional terms in order to participate in one of these Demand Response Programs. Participation in a Demand Response Program is optional. ecobee will communicate with you the full details of the Demand Response Program, including how to participate or opt out; ecobee is not responsible for any failure on the part of the Utility to provide any incentives to you;
ecobee may receive consideration from Your Utility for successfully enrolling you in their Demand Response Program;
ecobee may communicate with you via email with respect the eco+ service, Demand Response Programs and related energy-savings opportunities. You may unsubscribe to these emails at any time;
Without limiting the disclaimers in Section 9, ecobee makes no representations, warranties or guarantees regarding any results of or performance of eco+, including that eco+ will achieve any energy saving or other benefits for You. Although unlikely, in rare circumstances, eco+ could potentially result in increased costs.
LIMITED USE; RESERVATION OF RIGHTS
Subject to the terms and conditions of these TOS, ecobee may make available eco+ to You for Your use. ecobee expressly reserves all rights not expressly granted in or prohibited by these TOS.
ACCEPTABLE USE; COMPLIANCE WITH LAWS
You agree to abide by and not violate the Acceptable Use Policy, which can be found below.
If You breach the Acceptable Use Policy, or any other provision of these TOS, ecobee may take whatever steps it deems necessary to protect eco+, ecobee, ecobee’s business, ecobee’s and its partner’s infrastructure, and ecobee’s other customers, including, without limitation, suspending Your use of eco+, terminating Your ecobee Account, and/or terminating these TOS.
You agree that You are solely responsible for compliance with any and all laws, rules, regulations, that may apply to Your use of eco+.
USE OF ECO+, AND ANY DATA OR RESULTS OBTAINED FROM OR OUTPUT BY ECO+, IS SOLELY AT YOUR OWN RISK.
ECO+, AND ANY DATA OR RESULTS OBTAINED FROM OR OUTPUT BY ECO+, ARE MADE AVAILABLE “AS IS” AND AS AVAILABLE.
ECOBEE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES WITH ECO+ OR ANY DATA OR RESULTS OBTAINED FROM OR OUTPUT BY ECO+, INCLUDING INCREASE COSTS OR OTHER LOSSES OR DAMAGES YOU INCUR AS A RESULT OF YOUR USE OF ECO+; OR (II) ANY UTILITY PROVIDER ACTS OR OMISSIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECOBEE DISCLAIMS ANY AND ALL REPRESENTATIONS, GUARANTEES, WARRANTIES AND CONDITIONS IN RESPECT OFECO+ AND ANY DATA OR RESULTS OBTAINED FROM OR OUTPUT BY ECO+, INCLUDING ANY POSSIBLE ENERGY SAVINGS AND RELATED BENEFITS.
THE DISCLAIMERS IN THIS SECTION 9 APPLY TO ANY AND ALL REPRESENTATIONS, GUARANTEES, WARRANTIES AND CONDITIONS, WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS OR ARISING THROUGH A COURSE OF DEALING OR TRADE, INCLUDING ANY REPRESENTATION,GUARANTEE, WARRANTY OR CONDITION: (i) OF QUALITY, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, CURRENCY, COMPLETENESS, RELIABILITY, ACCESSIBILITY, AVAILABILITY, UNINTERRUPTED USE; (ii) THAT ECO+ OR ANY DATA OR RESULTS OBTAINED FROM OR OUTPUT BY ECO+ WILL MEET ANY REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT; AND (iii) THAT ECO+ OR ANY DATA OR RESULTS FROM OR OUTPUT BY ECO+ WILL BE ERROR-FREE OR SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS).
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ECOBEE WILL CREATE ANY REPRESENTATION, GUARANTEE, WARRANTY OR CONDITION.
EXCLUSIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ECOBEE AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER TYPES OF DAMAGES) OR LOSSES (INCLUDING LOSS OF SAVINGS, PROFITS, REVENUES, DATA, CONTENT, BUSINESS OR GOODWILL) WHATSOEVER ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT.
THIS SECTION “EXCLUSIONS OF LIABILITY” APPLIES TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FUNDAMENTAL BREACH, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IFECOBEE IS ADVISED IN ADVANCE OF THE DAMAGES OR LOSSES IN QUESTION OR EVEN IF SUCH DAMAGES OR LOSSES WERE FORESEEABLE.
CAUSES BEYOND ECOBEE’S CONTROL (FORCE MAJEURE)
In addition to the exclusions of liability described in Section 10, ecobee will not be liable under these TOS because of a failure or delay in performing ecobee’s obligations hereunder on account of any cause beyond ecobee’s reasonable control, including, acts or omissions of any Utility, Internet availability failures, wireless network failures, cloud service failures, service provider failures, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, and governmental action.
ecobee is not responsible for information on any third party website or service that is referred in, or accessible or connected by hyperlink to, eco+, the Website or any App, including any Utility website or service. If You access any third party website or service, including that of any Utility, through eco+, the Website or any App, then You do so at Your own risk. Hyperlinks do not constitute third party endorsement of, sponsorship or endorsement by, or affiliation with, ecobee.
You agree to indemnify, defend and hold harmless ecobee and its affiliates, and their shareholders, directors, officers, employees, agents, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable lawyers’ fees) that arise from or relate to Your breach of these TOS. ecobee has the right but not the obligation to participate in any defense or settlement. If ecobee chooses to participate, then each party must pay for its own lawyers’ fees. This obligation survives the termination of these TOS.
If You submit ideas, suggestions, commentary or feedback to ecobee regarding eco+ (or any other product or eco+ offered by ecobee) (collectively, “Feedback“), through any means whatsoever, then You agree that ecobee may use the Feedback freely and for any purpose, without obligation or restriction of any kind on account of intellectual property rights or otherwise. Feedback is and shall be given entirely voluntarily. Even if Feedback is designated as confidential by You, it shall not, absent a separate written agreement, create any confidentiality obligation on ecobee except as otherwise provided by the express terms of this agreement.
INTELLECTUAL PROPERTY OWNERSHIP
As between ecobee and You, ecobee reserves all right, title and interest (including all intellectual property rights) in and to eco+ (including any content in eco+). You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in eco+.
All trademarks and other indicia of origin appearing on or in eco+ are the property of ecobee or ecobee’s providers, suppliers or licensors, unless otherwise indicated. You may not use any trademark or other indicia of origin for any purpose whatsoever.
ecobee or ecobee’s providers, suppliers or licensors may enforce its or their intellectual property rights to the fullest extent permitted by law, including against You personally.
UPDATES TO ECO+; TOS AMENDMENTS
ecobee may, in ecobee’s sole discretion, release fixes, patches or updated versions of eco+ or otherwise add or remove services, functionalities, content or features (including modifications to the features, availability or functionality any part of any of the foregoing) at any time without notice (each, an “Update”). Upon release, each Update will be deemed to become part of eco+ and will be subject to these TOS.
ecobee may amend these TOS, or any provision thereof, with immediate effect at any time and without notice. Your use of eco+ following any such amendment (including those implemented as part of the release of an Update) will constitute Your agreement to the terms and conditions of these TOS in effect at the time of such use.
TERMINATION, REJECTION AND SUSPENSION
ecobee reserves the right to reject, suspend or terminate eco+ or Your use of all or any portion of eco+ at any time and for any reason, in ecobee’s sole discretion. ecobee has no obligation to provide You with any notice of Your breach of these TOS, but ecobee may choose to provide notice, and an opportunity to cure such breach, in its sole discretion.
The terms and conditions in these TOS will continue to apply to Your past use of eco+, in the form in which it or they then-existed at the time of the subject use. Furthermore, termination, rejection and/or suspension shall not relieve You of any obligations arising or accruing prior to such termination, rejection or suspension, or otherwise limit any liability that You otherwise may have to ecobee.
You may cancel Your use of eco+ at any time by disabling the feature (i.e., adjusting eco+ to the lowest savings level) in the menu of the ecobee mobile app, web portal or on the ecobee thermostat feature of eco+. You may re-enable eco+ using the same menu options.
Any provision hereof that by its nature is intended to survive the termination of these TOS will survive such termination.
For all purposes, ecobee and You are independent contractors and neither party will represent that it has authority to assume or create obligations on behalf of the other party.
These TOS will be governed, construed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
YOU AGREE THAT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TOS, OR IN RESPECT OF ANY LEGAL RELATIONSHIP ASSOCIATED WITH OR DERIVED FROM THESE TOS, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE SIMPLIFIED ARBITRATION RULES OF THE ADR INSTITUTE OF CANADA, INC. THE ARBITRATION WILL TAKE PLACE IN TORONTO, ONTARIO, CANADA. THE LANGUAGE OF THE ARBITRATION WILL BE ENGLISH.
TO THE EXTENT ARBITRATION AS DESCRIBED IN THIS SECTION IS PROHIBITED BY APPLICABLE LAW, THEN YOU AGREE THAT ALL CLAIMS WILL BE HEARD AND RESOLVED IN A COURT OF COMPETENT SUBJECT MATTER JURISDICTION LOCATED IN TORONTO, ONTARIO. YOU CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS OVER YOU, STIPULATE TO THE FAIRNESS AND CONVENIENCE OF PROCEEDING IN SUCH COURTS, AND COVENANT NOT TO ASSERT ANY OBJECTION TO PROCEEDING IN SUCH COURTS.
WAIVER OF CLASS ACTIONS
YOU AGREE AND ACKNOWLEDGE THAT YOU MAY ONLY RESOLVE DISPUTES WITH ECOBEE IN CONNECTION WITH THESE TOS ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
WAIVER OF JURY TRIAL
THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND ECOBEE IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND ECOBEE WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE, AND AGREE TO TAKE ANY AND ALL ACTION NECESSARY OR APPROPRIATE TO EFFECT SUCH WAIVER.
SEVERABILITY; ENTIRE AGREEMENT; WAIVER
If any provision of these TOS are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOS shall remain in full force and effect. These TOS constitutes the entire understanding, and supersedes all other understandings, between You and ecobee concerning the subject matter hereof. No waiver of a right granted under these TOS by a party will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOS) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.
ecobee may assign or transfer these TOS in whole or in part at any time without Your consent. You may not assign these TOS or assign, transfer or delegate Your ecobee Account or any of Your rights or obligations under these TOS. Any purported assignment, transfer or delegation in violation of this provision is void from the outset.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these TOS are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
ACCEPTABLE USE POLICY
YOU MAY NOT DO ANY OF THE FOLLOWING IN CONNECTION WITH ECO+:
use eco+ for anything other than Your personal or internal purposes;
use eco+ for any purpose that is illegal, unsafe, or fraudulent or that infringes on any third party rights;
violate, remove, modify or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in any of eco+;
use ecobee’s name, any ecobee trademark, logo or other proprietary information, or the layout and design of any of eco+, without ecobee’s express written consent;
replicate the “look and feel” of eco+;
modify eco+ or make derivative works based on eco+;
decompose, decompile, reverse engineer, disassemble, or otherwise attempt to gain access to the source code of any part eco+;
build a product or service using any similar ideas, features, functions or graphics of eco+;
use eco+ to provide services for or on behalf of any third party, or commercially exploit eco+ in any way, including without limitation by framing or mirroring any portion of eco+;
sell, resell, export, transfer assign, sublicense, rent, lease, loan, provide, copy, reproduce, distribute, redistribute, license, publish, or otherwise make available any portion of eco+;
use eco+ for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, comparison or competitive purpose;
gain, or attempt to gain, or permit any third party to gain, unauthorized access to eco+, including through means not provided by ecobee;
use any security testing tools in order to probe, scan or attempt to penetrate or ascertain eco+’s security, or to otherwise engage in denial of service attacks;
take any action that imposes, or may impose (as determined by ecobee in its sole discretion) an unreasonable or disproportionately large load on, or otherwise disrupt, restrict, inhibit or impede ecobee’s infrastructure;
interfere or attempt to interfere with the proper working of, or any activities conducted on or in eco+; or
systematically retrieve data or other content from eco+ to create or compile a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.