Privacy Policy & Legal

Every computer connected to the Internet is provided with a domain name (e.g. someispname.net) and an IP Address (e.g. 192.164.13.145). When a visitor requests a page from the ecobee website, our Web Servers automatically identify and log the HTTP request that is made to our Web Server. By itself, this information reveals nothing personal about you. In fact, the only information that we automatically gather and log is as follows:

• The IP Address of the Site that may have Referred you
• Your IP Address
• The Web Page that you may have linked to us from, if any
• The Product Identifier for Version and Make of Browser (e.g. Internet Explorer®)
• The Operating System platform that you may be running (e.g. Macintosh® or Windows®)
• Search Words or Terms that are passed from a Search Engine (e.g. Google® or Yahoo!®)
• Information readily available and stored in your Adobe® Flash ‘System.Capabilities’ Object.

There is absolutely nothing special about the information just described, and the practice of collecting this data has been generally standardized by virtually every Web Server on the Internet today.

The purpose for this information is actually two-fold. One, ecobee has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for the various Browsers and Operating Systems that visit our site. Additionally, as any business should attest, it is our desire to generate greater amounts of visitor traffic. By analyzing visitation patterns, referring URLs and Search Engine terms, we can strategically enhance our exposure on the Internet.

Cookies are small pieces of data that are transferred to your computer’s hard drive through your Web browser from our Web Server. A cookie cannot read data from your hard disk or read cookie files that may have been created from other sites. The ecobee website utilizes cookies only as a means of providing personalization features to our visitors. For example, we utilize cookies to manage your login to your personalized web portal once you have registered your ecobee Device. In addition, ecobee may use cookies to assist users in completing an incomplete purchase for items left in their shopping cart.

You can choose whether to accept cookies by changing the settings of your browser. Typically, by accessing the browser’s help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended.

Our Site may contain links to other websites operated by third parties such as media sites and app stores and may include social media features such as Facebook and Twitter buttons (such as “Like,” “Tweet” or “Pin”). These third-party sites may collect information about you if you click on a link and the social media sites may automatically record information about your browsing behavior every time you visit a site that has a social media button. Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our privacy policy. We do not control what information these third parties collect. Please review your privacy settings on your social media sites and think carefully before clicking on links which may take you to a third-party website.

In addition, we permit third-party partners to use cookies and other technology to collect information about your browsing activities over time and across different websites when you use our Site. This cookie information may be used to generate custom and lookalike audiences and similar marketing outreaches.

Our Site does not knowingly collect or store any Personal Information about children under the age of 13.

If you purchase something, such as an ecobee Device or Device accessory direct from ecobee, we need to obtain the appropriate information in order to complete the purchase transaction. Depending upon the method of payment that you select and your location, the required information may vary. However, generally speaking we will need:

Your Name
Billing Address (for Credit Card Orders)
Shipping Address
E-Mail Address
Phone Number
Credit Card Number (for Credit Card Orders)
Expiration Date (for Credit Card Orders)
CCV2 Code (for Credit Card Orders)

This information will be shared with our online shopping cart provider and payment processor. We use shopping cart features that safeguard this information by using industry standard SSL (Secure Sockets Layer) encrypted servers. SSL encodes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information. Your credit card data (which is never seen or recorded by ecobee) will be deleted by the cart provider and payment processor in 30 days.

If you purchase your Device as part of an utility-sponsored electricity usage or Demand Response program (“Utility Program”), your name, address, contact details and other information relating to your purchase may be forwarded to your utility provider or its third party designate (collectively, “program implementers”) in order verify your eligibility in the Utility Program, installation details and for any potential rebates or other participation rewards.

If you select an installation option as part of your purchase (available in certain areas only), your name, address and contact details may be forwarded to ecobee’s installation partner to facilitate the installation of your purchased Device(s).

If you register your Device (e.g., an ecobee smart thermostat, SmartCamera or Switch+) on ecobee.com or the ecobee Mobile app, and create an ecobee account, you will be required to provide an e-mail address to associate with your ecobee account (“ecobee Account Data”). When you have registered your Device and created an ecobee account, you will be able to remotely view and control your Device from anywhere on the internet via a mobile application or our web portal.

Your ecobee Device will collect environmental data such as temperature and humidity as well as operational data such as temperature set points from your HVAC equipment. Some Device models may include additional types of data such motion sensing (i.e., “occupancy sensing”). Depending on your Device model, your Device may also collect data from remote sensors in addition to the Device itself. Using machine learning with both on-device and remote processing, environmental, operational HVAC and occupancy sensing data and is used to optimize the heating and cooling algorithms on your Device to minimize energy usage when you are home or away. Collectively, this is known as Device Data. For ecobee Smart Security users, occupancy-sensing data can be used to arm or disarm your home monitoring solution.

To enable these remote functions, your Device needs to transmit Device Data to the web portal. These transmissions are fully encrypted. The Device Data will be stored by the web portal to provide you with historical reports. When you install your ecobee Device, you’ll be asked for Personal Information like your name, home address, postal/ZIP code as well home details (like house age, number of floors, etc.), which is considered ecobee Account Data. We use both Device Data and ecobee Account Data to make more intelligent decisions about how to manage your heating and cooling, and to reduce your energy bills. We may also anonymously aggregate your Device Data with Device Data from other homes in order to create reports, benchmarks and allow you (and others) to compare energy usage, on an anonymous basis, with similar homes. ecobee may also send you information and reports regarding your Device’s operations, software updates, energy-savings opportunities or promotions directly onscreen in the web portal, or via email.

You can delete your ecobee account and associated ecobee Account Data, as well as Device Data by deregistering your Device(s) using the web portal or directly on the Device.

By providing your email address you agree to receive digital and electronic communications from ecobee. These communications may be related to your purchase or incomplete purchase of ecobee products and services. In addition, by registering your device and providing an email address during the account creation process, ecobee may from time to time send you HVAC alerts and reminders, notices about software updates, energy savings advice, news about ecobee products and services, customer feedback or surveys, as well as marketing materials related to ecobee and other third-party product offerings. These electronic communications may be sent through email, the ecobee mobile app, the ecobee web portal or other communication channels as deemed relevant by ecobee.

You can disable emailed HVAC alerts and reminders using the ecobee web portal or mobile app and can opt out of receiving email communications via the “Unsubscribe” link at the bottom of every email. ecobee will not give your email address to a third-party without your consent.

If you register for one of our mailing lists or online communities, we may use your e-mail address to send you updates such as announcements, news and new products or services. You have the option of ‘Unsubscribing’ at any time, thereby disabling any further such e-mail communication from being sent to you.

If you wish to have specific communications with a member of the ecobee staff from one of our social communities, you will be required to provide specific information that will be routed to the appropriate contact within ecobee, and agree to have ecobee staff responds to your communication.

eco+ works by monitoring your energy use, the usage rate structure of your utility provider and any Demand Response programs and Demand Response events that your Utility or its third party partners and implementors of such programs may issue (individually or collectively, “Utility”). In order to operate and make eco+ available, ecobee collects, and may disclose, certain information from you with and from your Utility. ecobee Account Data and Device Data collected or shared by ecobee with your Utility (including its program implementors) 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. Personal Information 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+.

If you agree to participate in an ecobee eco+ or utility-sponsored electricity management, usage or Demand Response program (“Utility Program”), ecobee, your Utility as well as any utility system operators (collectively, “program implementers”) may share account information to the extent necessary to validate your eligibility and participation in the Utility Program. In order to implement the Utility program, the program implementors may need to associate your accounts held between the different program partners.

The program implementors may also use your ecobee Account Data, Device Data and electricity use in order to make intelligent decisions relating to electricity production and conservation, and to provide Demand Response and Energy Measurement and Verification reports and services. Data contained in these EM&V reports and services may be shared with the appropriate utility system implementors and regulators as part of the Utility Program. ecobee may also use this data to improve its services, including the Utility Program. The program implementer(s) may also anonymously aggregate your data with data from other homes in order to create reports, benchmarks and allow you (and others) to compare energy usage, on an anonymous basis, with similar homes.

Your Utility and program implementer will not sell, rent, or otherwise give your ecobee Account Data or Device Data to a third-party for purposes unrelated to the Utility Program, without your consent.

The contractor that installs your Device may link their business contact information with your Device. This information, if entered, will appear with the Alerts and Reminders that are generated by the Device and can be found in the Settings-> About function on the Device or in the Settings-> About panel in your ecobee web portal. From time to time, the contractor may send maintenance reminders and/or promotional offers that will appear in the web portal. This contractor-provided information will not appear directly on the Device screen or be sent to you by e-mail without your consent. The contractor will use this web portal information to service their accounts and will agree to a strict ‘No Spam, or UCE’ policy.

ecobee provides technicians who install the ecobee Device with a contractor web portal. This contractor web portal allows the technicians to track and maintain the Devices that they have installed and may contain the following information: Device ID number, the status of the Device (online/offline), and certain ecobee Account Data, such as customer’s name, address, phone number and/or e-mail. The technician may also be able to view service notes relating to previous service calls, and the time of the next scheduled service call or service reminder. If your ecobee Device is a communicating Device, it may also forward operational and diagnostics information from compatible HVAC equipment (furnace, air conditioner, etc.) to the contractor web portal, if the communicating functionality is enabled. You can remove yourself from your technicians list of Devices by using the Settings->About panel in the ecobee web portal.

ecobee Devices are capable of communicating and integrating with a growing number of third party devices, applications and services such as Apple HomeKit and IFTTT. If you enable integration with a third party service, you agree to share your ecobee Account Data and Device Data with that third party. Differing privacy policy terms may apply.

If you agree to participate in ecobee’s Donate Your Data, you will be anonymously sharing your Device Data with ecobee’s research partners. Your Personal Information will not be shared. ecobee’s research partners will protect your data in accordance with this Privacy Agreement. For more information, see ecobee.com/donateyourdata.

Certain ecobee Devices are Alexa Enabled Products, meaning they are capable of being voice-controlled using the Alexa Voice Service (AVS) provided by Amazon Digital Services LLC (“Amazon”). When AVS is enabled on your ecobee Device, your Device continuously listens for “wake words”. When the ecobee Device hears one of these wake words, it will initiate a brief audio recording and transmit that recorded message to Amazon for voice recognition processing. Use of AVS and third party services via AVS are governed by the Alexa Terms of Use (as provided on the Amazon.com website). Any information you provide to Amazon will be treated in accordance with the Amazon Privacy Notice (also available on the Amazon.com website), not the ecobee Privacy Policy. ecobee does not have direct access to, or retain any copies of, your recorded voice messages to AVS. When your Alexa-enabled ecobee Device is in Private mode, it is not listening for wake words, and no recorded messages are sent to Amazon.

ecobee SmartCameras can stream and store recorded audio and video in the cloud. No one can see your video without your permission or a court order. Video is processed directly on your SmartCamera and recordings and snapshots are stored securely on the cloud for 14 days. All recordings and snapshots that are saved to the cloud are visible in the ecobee mobile app, so you know exactly what clips have been sent and saved. When you delete a video from the ecobee app it will also erase that video from the cloud. For ecobee Smart Security customers, your SmartCamera can also be used to help determine occupancy and when to enable or disable your home monitoring system.

ecobee will only disclose your Personal Information or any of its log file information when required by law or in the good-faith belief that such actions are necessary to:

• With your explicit consent: We may share Personal Information such as e-mail addresses when authorized by you. This can include promotional offers by our partners. on your behalf and you can change your mind at any time.

• With your explicit consent: We may share Personal Information as part of your registration and/or participation in eco+ or other Utility Program.

• To conform to the edicts of the law or comply with a legal process served on ecobee.

• Protect and defend the rights or property of ecobee, or visitors of ecobee.

• Identify persons who may be violating the law, the legal notice, or the rights of third parties.

• Cooperate with the investigations of purported unlawful activities.

• Cooperate with insurance investigations where you have made a claim.

• As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your Personal Information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.

ecobee uses reasonable precautions to keep the information disclosed to us secure. ecobee reserves the right to transfer information in connection with the sale of all or part of ecobee capital stock or assets to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. ecobee also provides ‘links’ to a wide variety of other web sites on the Internet. We are not responsible for their Privacy Policies or how those web sites manage information about their users. We strongly urge you to check with those web sites to determine their privacy policy.

As of January 1, 2020, residents of California have additional rights related to their Personal Information under the California Consumer Privacy Act (CCPA):

• You have the right to request that ecobee discloses what Personal Information it collects, uses and discloses. For more information about the categories of information collected in the preceding twelve months, see Categories of information collected by ecobee. For more information about the Personal Information ecobee has collected about you, see I want a copy of my Data. ecobee does not sell your Personal Information.

• If you would like to delete your data, please visit Profile settings in your ecobee mobile app.

• You have the right to opt-out of the sale your Personal Information by ecobee. Since we do not sell your Personal Information, you are deemed to have opted out.

• You have a right to have an authorized agent make a request under the CCPA.

• You have a right not to receive discriminatory treatment by ecobee for the exercise of the privacy rights conferred by the CCPA.

To request a printed copy of this disclosure from ecobee pursuant to Section 1798.83 of the California Civil Code, please contact us via e-mail at privacy@ecobee.com or write to us at:

ecobee

Attn: California privacy rights

25 Dockside Drive, Suite 700

Toronto, ON M5A0B5

For more information and to delete your account, visit Profile in your ecobee mobile app.

ecobee Inc. is the data controller for the data collected (including ecobee Device Data and ecobee Account Information) in connection with the use of ecobee Device services worldwide. Personal Information and Device Data is processed in either the United States or Canada for the purpose of providing, customizing and improving the functionality of the ecobee Devices and Services, as well as for any related support.

If you do not wish ecobee to have a copy of your Personal Information, you can request its removal by visiting Profile in your ecobee mobile app, where you can select “Delete my account”. If you would like to delete your data, please visit Profile settings in your ecobee mobile app. In order to protect your access to the ecobee Services and to guard against mischief or theft, ecobee may contact you to confirm your request and may request additional Personal Information solely for the purpose of authenticating the legitimacy of the request. Following such a request, ecobee will delete all Personal Information that it is not required to retain for the purposes of regulatory, tax, insurance, litigation or other legal requirements. ecobee may also retain such data for the purposes of safety, security, fraud prevention and detection.

As your Personal Information may include your email address, any ecobee Account Data associated with this email address must also be deleted. Due to the nature of Internet-connected devices, deletion of this ecobee Account Data will remove the ability to remotely control your ecobee Devices via the web or mobile app. Some of your ecobee Devices’ smart features may also be reduced or removed. ecobee Devices will continue to provide basic functionality (i.e., as a thermostat or light switch), but without remote access or smart features. Remote access and smart functionality can be restored by creation of a new ecobee account, but all previously-collected Device Data and settings will have been permanently deleted.

The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.

Rakuten Advertising

Privacy policy: https://rakutenadvertising.com/legal-notices/services-privacy-policy/
Your rights: https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/

If you wish ecobee to provide a portable copy of your Personal Information, you can request a copy by contacting ecobee Customer Service at 1.877.932.6233 or by submitting a request on our Personal Information Management page. In order to protect the privacy of your Personal Information and to guard against mischief or theft, ecobee may contact you and may request additional Personal Information solely for the purposes of authenticating the legitimacy of the request.

While the Personal Information ecobee collect varies depending upon the nature of the ecobee Devices and Services provided or used. As of Jan 1, 2020, ecobee has collected Personal Information in the following categories (as defined by the CCPA) within the previous 12 months:

• Identifiers (e.g., name, address, email, telephone number, online identifiers such as IP addresses and device IDs)

• Customer records and Commercial information (e.g., purchase history, account information, shipping and billing information, customer service records, customer survey information, etc.)

• Biometric information (gathered from your ecobee Devices)

• Internet or other electronic network activity information

• Geolocation data (with your permission sent via a mobile device)

• Audio, electronic, visual, thermal, olfactory, or similar information

• Inferences (created by your ecobee Device relating to your energy usage

This privacy policy may change from time to time. Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.

Please send any notices or requests regarding this Privacy Policy by care of e-mail to: privacy@ecobee.com

Copyright © 2008-2023, ecobee, Inc. All Rights Reserved. ecobee and any marks and logos are Registered Trademarks of ecobee, Inc. All other trademarks listed are the property of their respective owners.

Revision: April 17, 2023.

You may not use your ecobee Product or eco+ if you are a person otherwise barred from using the TOS under the jurisdiction under which you reside.

a. eco+ works by monitoring your energy use, the usage rate structure of your utility provider and any Demand Response programs and Demand Response events that your Utility, Regional

Tranmission Ogranization, Independent System Operator,third party partners or implementors of such programs may issue (individually or collectively, “Utility”).

b. In order to gain the full benefits of eco+, you must have an account with your Utility or have the permission of the Utility’s account owner to enter into these TOS. To achieve the full benefits of eco+, you also need to allow eco+ to connect to such account and share data with and from such account, as is described in Section 4, “Privacy Policy and Data Sharing”.

c. 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+.

d. 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+.

a. In order to use the remote features of your ecobee Product and/or eco+, you must have or set up an account with ecobee prior to your use of eco+ (“ecobee Account”).

b. ecobee reserves the right, in ecobee’s sole discretion, to reject any registration for an ecobee Account.

c. As part of the ecobee Account set-up process, you will be asked to provide certain personal information. ecobee will only use such personal information in accordance with the terms of Section 4 “Privacy Policy and Data Sharing”.

d. 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+.

e. 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.

ecobee is committed to protecting your privacy. Please review our Privacy Policy, which you can find at ecobee.com/en-us/privacy-policy (or its successor URL) to understand our practices regarding the use and disclosure of your personal information gathered by your ecobee Product or eco+.

In order to operate and make eco+ available, ecobee collects, and may disclose, certain personal information about you with and from your Utility. Under ecobee’s Privacy Policy which is hereby incorporated into and forms a part of these TOS, eco+ is defined as a “Utility Program”. Utility Programs may include both Demand Response programs and energy efficiency programs. Your privacy is important to ecobee and ecobee’s Privacy Policy explains how ecobee collects, uses, discloses and protects your personal information.

Data collected or shared by ecobee with your Utility (including its program implementors) 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, grid stability 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.

Disabling eco+ will revoke ecobee’s ability to share data with your utility.

As of January 1, 2020, residents of California will have additional rights related to their personal information under the California Consumer Privacy Act. For more information on these rights, please visit ecobee.com/en-us/privacy-policy or its successor URL.

You acknowledge and agree that:

a. ecobee may manage and control your ecobee Product(s) in order to provide eco+ and in order for you to participate in eco+ services;

b. 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.

c. 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;

d. 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.

e. 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;

f. 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;

g. ecobee may receive consideration from your Utility for successfully enrolling you in their Demand Response Program;

h. so long as it does not conflict with any incentives provided to you under s. 5(f). ecobee shall be eligible to claim any qualifying environmental attributes, benefits, credits, awards or bounties from third parties resulting from savings gained by the benefit of eco+.

i. ecobee may communicate with you via email with respect the eco+ service, Demand Response Programs and related energy-savings opportunities. In addition, by registering your device and providing an email address during the account creation process, ecobee may from time to time send you HVAC alerts and reminders, notices about software updates, energy savings advice, news about ecobee products and services, customer feedback or surveys, as well as marketing materials related to ecobee and other third-party product offerings. These electronic communications may be sent through email, the ecobee mobile app, the ecobee web portal or other communication channels as deemed relevant by ecobee. You may unsubscribe to these emails at any time;

j. Without limiting the disclaimers in Section 8, 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.

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.

a. You agree to abide by and not violate the Acceptable Use Policy, which can be found in section 26 of these TOS.

b. 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.

c. You agree that you are solely responsible for compliance with any and all laws, rules, regulations, that may apply to your use of eco+.

A. USE OF ECO+, AND ANY DATA OR RESULTS OBTAINED FROM OR OUTPUT BY ECO+, IS SOLELY AT YOUR OWN RISK.

B. ECO+, AND ANY DATA OR RESULTS OBTAINED FROM OR OUTPUT BY ECO+, ARE MADE AVAILABLE "AS IS" AND AS AVAILABLE.

C. 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.

D. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECOBEE DISCLAIMS ANY AND ALL REPRESENTATIONS, GUARANTEES, WARRANTIES AND CONDITIONS IN RESPECT OF ECO+ AND ANY DATA OR RESULTS OBTAINED FROM OR OUTPUT BY ECO+, INCLUDING ANY POSSIBLE ENERGY SAVINGS AND RELATED BENEFITS.

E. THE DISCLAIMERS IN THIS SECTION 8 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).

F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ECOBEE WILL CREATE ANY REPRESENTATION, GUARANTEE, WARRANTY OR CONDITION.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ECOBEE AND ITS AFFILIATES, THE UTILITY 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 IF ECOBEE IS ADVISED IN ADVANCE OF THE DAMAGES OR LOSSES IN QUESTION OR EVEN IF SUCH DAMAGES OR LOSSES WERE FORESEEABLE.

In addition to the exclusions of liability described in Section 9, ecobee, its Affiliates the Utility and its Afflilates 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 the Utility and its Affiliates 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 service 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.

a. 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+.

b. 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.

c. Ecobee, ecobee’s Affiliates 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.

a. 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.

b. 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.

a. 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.

b. 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.

c. You may cancel your use of eco+ by disabling the feature in the menu of the ecobee mobile app or web portal. You may re-enable eco+ using the same menu options. You may also cancel your Use of eco+ by contacting ecobee Customer Service at 1.877.932.6233. If you have enrolled in a Utility program that included additional terms and conditions, certain eco+ features may continue to operate for the duration of that particular Utility program. Consult those additional terms and conditions for details. All other eco+ features will still be disabled.

d. 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.

A. 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.

B. 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.

YOU AGREE AND ACKNOWLEDGE THAT YOU MAY ONLY RESOLVE DISPUTES WITH ECOBEE OR THE UTILITY 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.

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.

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.

YOU MAY NOT DO ANY OF THE FOLLOWING IN CONNECTION WITH ECO+:

o use eco+ for anything other than your personal or internal purposes;

o use eco+ for any purpose that is illegal, unsafe, or fraudulent or that infringes on any third party rights;

o violate, remove, modify or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in any of eco+;

o 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;

o replicate the “look and feel” of eco+;

o modify eco+ or make derivative works based on eco+;

o decompose, decompile, reverse engineer, disassemble, or otherwise attempt to gain access to the source code of any part eco+;

o build a product or service using any similar ideas, features, functions or graphics of eco+;

o 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+;

o sell, resell, export, transfer assign, sublicense, rent, lease, loan, provide, copy, reproduce, distribute, redistribute, license, publish, or otherwise make available any portion of eco+;

o use eco+ for purposes of monitoring its availability, performance or functionality, or for any other benchmarking, comparison or competitive purpose;

o gain, or attempt to gain, or permit any third party to gain, unauthorized access to eco+, including through means not provided by ecobee;

o 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;

o 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;

o interfere or attempt to interfere with the proper working of, or any activities conducted on or in eco+; or

o 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.

Please send notices by care of e-mail to: legal@ecobee.com (or) by our Mailing Address: ecobee. 25 Dockside Drive, Suite 700, Toronto ON, M5A 1B5, Canada.

Copyright © 2008-2023. ecobee Technologies ULC. All Rights Reserved. “ecobee” and any marks and logos are Federal Registered Trademarks of ecobee Inc. All other trademarks listed are the property of their respective owners.

ecobee inc. reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the ecobee inc. website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.

Please review our Privacy Policy, which also governs your visit to ecobee inc. to understand our practices regarding the use and disclosure of your personal information. You can find our Privacy Policy at the Privacy Policy link at the bottom of the web page.

When you visit ecobee inc. or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

The entire contents of this website (the “Information”), including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of ecobee inc. or its content suppliers and are protected by Domestic and International copyright and trade-mark laws. ECOBEE, the ECOBEE LOGO, and GREEN MADE EASY are registered trade-marks of ecobee inc. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Information without the prior express written consent of ecobee inc., except as described below. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at legal@ecobee.com to notify us of this infringement.

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, or modify any registered mark. ecobee hereby grants authorized Sellers, Distributors, HVAC or Energy Consultants or Contractors, a royalty-free, non-exclusive and revocable license to distribute, display and promote the Information solely for the purpose of advertising, promoting and selling the Products on the terms hereof, provided that you agree not to change or delete any copyright or proprietary notices from the materials, or modify any registered mark. ecobee may revoke such license at any time if, in the determination of ecobee, Dealer’s use, marketing, distribution, display or promotion is detrimental to the Product and/ or the business and affairs of ecobee. ecobee does not warrant that Information will be current or error-free. Dealer may not adapt or change any Information without written permission of ecobee.

ecobee inc. grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of ecobee inc. . This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of ecobee inc. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of ecobee inc. without the express written consent of ecobee inc. . You may not use META tags or any other “hidden text” which utilize ecobee inc.com, ecobee inc.com, ecobee inc. or any other derivative of our domain, company name or registered trademarks without the express written consent of ecobee inc. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home Page or any Dynamic Deep Link (DDL) of ecobee inc. so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that ecobee inc. cannot and does not guarantee or warrant that files made available for downloading through the ecobee inc. website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through ecobee inc. are free from such contaminations.

Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant ecobee inc. a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and ecobee inc. You also grant ecobee inc. the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY ecobee inc. ON AN “AS IS” AND “AS AVAILABLE” BASIS. ecobee inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ecobee inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ecobee inc. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ecobee inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ecobee inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ecobee inc. USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. ecobee inc. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, ecobee inc. SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY ecobee inc. IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO ecobee inc. FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER’S EXPENSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Linked websites are not under the control of ecobee inc. and ecobee inc. is not responsible for the contents of any linked site or any link contained in a linked site. ecobee inc. provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by ecobee inc. of the site.

By visiting the ecobee inc. website, you agree that the laws of the province of ONTARIO, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ecobee inc.

Any dispute relating in any way to your visit or access of the ecobee inc. website or to the products or services you purchase through the ecobee inc. website shall be submitted to binding arbitration in Ontario, except that, to the extent you have in any manner violated or threatened to violate ecobee inc. intellectual property rights, ecobee inc. may seek injunctive or other appropriate relief in any state or federal court in the province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

You agree to indemnify, defend and hold harmless ecobee inc., its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the ecobee inc. website.

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside.

ecobee inc. failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. ecobee inc. may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Please send notices by care of e-mail to: legal@ecobee.com (or) by our Mailing Address: ecobee inc. 25 Dockside Drive, Suite 700, Toronto, ON M5A0B5, Canada Copyright © 2008-2020 ecobee inc. All Rights Reserved. “ecobee inc.”, “ecobee inc. and any marks and logos are Federal Registered Trademarks of ecobee inc. All other trademarks listed are the property of their respective owners.

Revision: April 2015

For the purpose of this EULA, the following terms shall have the meanings hereinafter provided:

“ecobee Remote Applications” means any web-based or mobile device-based application provided by ecobee to provide certain services and functionality to registered users of ecobee Products. The ecobee Remote Applications also includes the eco+ service. Use of the ecobee Remote Applications is governed by the TERMS OF SERVICE for ECOBEE REMOTE APPLICATIONS, INCLUDING eco+.

“Error” means any program defect, error, bug or other failure of all or part of the Software that results in the Software not conforming to, or performing in accordance with, its published specifications. “Software” means ecobee’s computer software program, which enables data upload and download to and from the ecobee Remote Applications using an ecobee Product, including any Software Updates.

“User Manual” means the ecobee User Manual provided together with the Product and Software.

“Software Updates” means updates or patches to the Software, including updates intended to correct Errors and which may include graphical updates, enhancements and/or additional features to the Software, as may be provided or released by ecobee from time to time to all of its customers at no charge.

LICENSEE acknowledges and agrees that, save and except for the Software license explicitly granted by the EULA, all right, title and interest in and to the Software, ecobee Remote Applications and the User Manual is the sole and exclusive property of ecobee and/or its licensors), as the case may be. ecobee reserves all rights not expressly granted to LICENSEE hereunder, and for greater certainty, ecobee shall retain all intellectual property and other proprietary rights in and to the Software and the User Manual. Nothing in this EULA shall, or shall be deemed or construed to, assign, transfer or convey to LICENSEE any title, rights or interest in or to any intellectual property, including in or to the Software, ecobee Remote Applications or User Manual, other than the licenses specifically and expressly granted herein.

Upon LICENSEE’s use of the Product (and corresponding acceptance of the terms and conditions of this EULA), ecobee hereby grants to LICENSEE a limited, nonexclusive, personal, perpetual, non-transferable and revocable license to use the Software embedded in the Product as and to the extent described in this EULA for as long as LICENSEE complies with the terms and condition of this EULA. ecobee reserves all rights not expressly granted to LICENSEE. For certainty, this EULA does not apply to or govern LICENSEE’s use of or access to the ecobee Remote Applications or the ecobee Product, which are each governed by and subject to separate terms and conditions.

Pursuant to the Software license granted to LICENSEE under this EULA, LICENSEE shall be permitted to: (a) use the Software embedded in the Product for the purposes of using the Product only as intended and contemplated by the User Manual, provided that the Software may only be used for its personal and private use in connection with the use of the Product; and (b) use the User Manual provided by ecobee solely as is necessary to operate and use the Software and ecobee Product as and to the extent permitted thereunder and under this EULA.

This EULA shall be binding upon and shall ensure to the benefit of and be enforceable by each of the parties, their respective successors and permitted assigns. LICENSEE may assign this EULA without the prior consent of ecobee. ecobee may assign this EULA without the consent of LICENSEE at any time.

Unauthorized copying or distribution of Software or the User Manual is expressly prohibited. LICENSEE may make a reasonable number of copies of the User Manual to the extent reasonably required for its use of the Software and Product as permitted by this EULA; provided that LICENSEE may not use the User Manual separately from the Product or Software or for any purpose other than as contemplated herein.

LICENSEE may not: (a) modify, adapt or otherwise change the Software or in any way remove the Software from the Product for any reason or use the Software separately from the Product for any reason or purpose; (b) to the maximum extent permitted to be restricted by applicable law, reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Software; (c) create derivative works based on the Software or the User Manual; (d) except as expressly permitted by the EULA, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Software or User Manual (the Software and User Manual being the confidential information of ecobee); or (e) use Software to access or in conjunction with any other thermostat monitoring services or Products of any ecobee competitor.

ecobee may in its discretion, without any obligation to do so and subject to the limitations of this EULA, provide LICENSEE with help-desk telephone support concerning LICENSEE’s use of the SOFTWARE to the extent provided for in the Product Terms of Sale in connection with purchase and sale of the Product and the Terms of Service entered into by you and ecobee, if any, in connection with the thermostat monitoring and data management services provided by ecobee in connection with the Product. Refer to the Product Terms of Sale and/or the Terms of Service associated with the Product and related services for further details on Software and Product support.

LICENSEE agrees that damages would not be an adequate remedy for any breach of this EULA affecting or related to a breach or misappropriation of ecobee’ (or its or its third party licensors’) intellectual property rights in and to the Software and User Manual. LICENSEE, and nothing in this EULA, shall interfere with, delay, obstruct, or prevent ecobee from taking, or require ecobee to take, any steps prior to taking action to seek an interim and interlocutory equitable remedy on notice or ex parte to enforce any provision herein to protect its rights concerning the Software or other intellectual or proprietary rights. LICENSEE agrees not to contest, object to, or otherwise oppose an application for equitable relief by ecobee in such circumstances and LICENSEE waives any and all immunities from any equitable relief to which it may be entitled. Any such relief or remedy shall not be exclusive, but shall be in addition to all other available legal or equitable remedies. LICENSEE agrees that the provisions of this Section are fair and reasonable and are necessary to protect ecobee’ intellectual property rights.

10. Termination: This EULA is effective until and unless terminated. Subject to Section 13, this EULA will terminate automatically if LICENSEE fails to comply with any provision of the License. If LICENSEE is a business entity or other entity, any failure to comply with the terms and condition of this EULA by any individual employed or engaged by such entity will be deemed a failure to comply by LICENSEE. Upon any termination, LICENSEE shall destroy all copies of Software and User Manual.

(a)ecobee shall provide its standard Product and Software limited warranty statement (“Customer Warranty”), which equally applies to the Software embedded in the Product, and which is incorporated by reference herein, with the Product for your benefit only. In the event of an Error in connection with the Software, refer to the Customer Warranty and Terms of Sale provided with the Product for further detail. (b) EXCEPT FOR THE REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY CONTAINED IN THIS EULA, THE PRODUCT TERMS OF SALE AND THE PRODUCT WARRANTY, THE SOFTWARE AND SOFTWARE DOCUMENTATION AND ANY SUPPORT IS PROVIDED ON AN “AS IS” BASIS, AND THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES, COVENANTS, OR CONDITIONS, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE), INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, CORRECTNESS, FUNCTIONALITY, RELIABILITY, ACCURACY, CURRENTNESS, OPERATION, USE OR THE RESULTS OF THE USE BY LICENSEE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE (OR THAT ALL ERRORS CAN OR WILL BE CORRECTED) OR THAT THE SOFTWARE OR SOFTWARE DOCUMENTATION WILL MEET LICENSEE’S REQUIREMENTS, ALL OF WHICH ARE EXPRESSLY DENIED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS ON OR EXCLUSIONS OF CERTAIN IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES. ecobee DISCLAIMS AND SHALL HAVE NO LIABILITY TO LICENSEE FOR ANY AND ALL ACTS OF THIRD PARTIES. NO OTHER PERSON IS AUTHORIZED TO EXTEND, VARY OR TRANSFER ANY PROVIDED WARRANTY ON BEHALF OF ecobee. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE SOFTWARE, SOFTWARE DOCUMENTATION AND ANY PROVIDED SUPPORT IS ASSUMED BY LICENSEE.

IN NO EVENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW SHALL ECOBEE, ITS SHARE-HOLDERS, AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES (COLLECTIVELY THE “ECOBEE PARTIES”) BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITH RESPECT TO LOSS OF, OR DAMAGE TO, DATA OR COMPUTER SYSTEMS OR RELIANCE ON ANY DATA DERIVED FROM LICENSEE’S USE OF THE SOFTWARE, OR LOSS OF REVENUE OR PROFIT OR OTHER ECONOMIC LOSS) OF ANY KIND OR NATURE WHATSOEVER SUFFERED BY LICENSEE OR ANY THIRD PARTY HOWSOEVER CAUSED AND WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE (INCLUDING AS A RESULT OF OR DUE TO USE OF OR RELIANCE ON THE SOFTWARE AND/OR ECOBEE REMOTE APPLICATIONS) AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ecobee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ECOBEE PARTIES’ TOTAL LIABILITY AND OBLIGATION TO LICENSEE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY CONNECTION WITH THIS EULA, THE TERMS OF SALE IN CONNECTION WITH YOUR PURCHASE OF THE PRODUCT AND YOUR USE OF THE SOFTWARE AND PRODUCT, WITH RESPECT TO ANY EXPENSE, DAMAGE, LOSS, INJURY, OR LIABILITY OF ANY KIND, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, BY STATUTE OR OTHERWISE) SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED AND SHALL NOT EXCEED AN AMOUNT THAT IS EQUIVALENT TO THE PURCHASE PRICE OF THE ecobee PRODUCT ACTUALLY PAID BY LICENSEE. THIS SECTION SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT.

The parties acknowledge and agree that the provisions of Sections 2, 6, 7, 9, 11(b), 12, 13, 14, 15, 16, 17, and 19 shall survive any termination of this EULA for any reason.

The parties declare that they have required that this agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou le futur, soient rédigés en langue anglaise seulement.

This EULA shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada. For the purpose of all legal proceedings this EULA shall be deemed to have been performed in the Province of Ontario, Canada and the parties expressly confirm that the law of the Province of Ontario is the proper law. If Customer is located in a jurisdiction other than Canada, the parties agree that neither the United Nations Convention of the International Sale of Goods or the (U.S.) Uniform Computer Information Transactions Act shall apply to this EULA. The parties irrevocably attorn to the nonexclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder.

LICENSEE acknowledges that the Software may be subject to export and import control laws, and agrees to comply fully with those laws in connection with the Software.

No delay or omission by ecobee to exercise any right or power it has under this EULA or to object to the failure of any covenant of LICENSEE to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by ecobee must be in writing and signed by an authorized representative of ecobee. If any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this EULA, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this EULA shall be valid and enforceable to the extent granted by law. The EULA constitutes the entire agreement between the parties as it relates to the license and use of the Software and User Manual and the subject matter of this EULA and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between ecobee and LICENSEE. The EULA may only be amended or supplemented by written agreement executed by each of the parties.

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 this EULA are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.

Please send notices by care of e-mail to: legal@ecobee.com (or) by our Mailing Address: ecobee. 25 Dockside Drive, Suite 700, Toronto ON, M5A 1B5, Canada.

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