At ecobee, we want to transform lives. But to do so, we need to have your trust. You have invited us into your home. To earn and keep that trust, we promise the following:
Your Personal Information and the data created by your ecobee Devices belong to you. You have the right to have a copy your Personal Information and Device Data at any time, and to be forgotten if you so choose. For instructions on how to delete or get a copy of your Personal Information and Device Data, follow these instructions.
If we collect it, we will safeguard it. We look after your Personal Information and Device Data like we would our own. This extends through the lifecycle of your data. Personal Information is only sent or stored on third-party systems when they abide by these principles.
We use only the Personal Information and Device data we need, and only when we need it. If we don’t have it, we can’t lose or mishandle it. We will collect only what is needed to deliver our services. We have strict policies and technical measures to prevent unauthorized employee access to your Personal Information and Device Data (including sound and video recordings). When Personal Information or Device Data is no longer needed for a particular purpose, we will remove or delete it.
We do not and will not sell your Personal Information.
ecobee collects Personal Information and Device Data in order to provide, customize and improve our services. Specifically, ecobee collects Personal Information and Device data as follows:
1. ecobee Website and Store Visitors
Every computer connected to the Internet is provided with a domain name (e.g. someispname.net) and an IP Address (e.g. 220.127.116.11). 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.
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 does not knowingly collect or store any Personal Information about children under the age of 13.
2. The ecobee web store
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:
Billing Address (for Credit Card Orders)
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.
By providing your e-mail address as part of the online shopping process, you agree to receive e-mail communications related to your incomplete or completed purchase of ecobee Devices.
In addition, by completing your purchase, you agree to receive e-mails from ecobee relating to utility energy programs, third party rebates relating to your purchase and other energy-saving opportunities available in your area (“promotional e-mails”). You may opt out from receiving promotional e-mails in the future by selecting the “Unsubscribe” option at the bottom of every promotional e-mail.
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).
3. ecobee Device Users
If you register your Device (e.g., an ecobee SmartThermostat, SmartCamera or Smartswitch) with ecobee.com 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 Haven 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.
By registering your Device, you agree to receive e-mails from ecobee relating to software updates for your Device, mobile apps and web portal, as well as status updates for web portal service. You can opt out of receiving these update emails via the “Unsubscribe” link at the bottom of every update e-mail. You also agree to receive e-mailed HVAC alerts and reminders, and to provide a contact email for customer support. You can disable e-mailed HVAC alerts and reminders using the ecobee web portal.
From time to time, ecobee may send you energy savings advice, as well as marketing materials related to ecobee and related third-party product offerings. You can opt out of receiving these update emails via the “Unsubscribe” link at the bottom of every update e-mail. Ecobee will not give your e-mail address to a third-party without your consent.
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.
4. Mailing List and Social Communities
If you register for one of our online communities or mailing lists, 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’ from our online Community or Mailing List 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, you will be required to provide specific information that will be routed to the appropriate contact within ecobee. We maintain a strict ‘No Spam or UCE’ policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent.
5. eco+ and Utility Programs
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.
6. Contractor Installation
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.
7. Third Party Apps and Integration
8. Donate Your Data
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.
9. Voice Services
10. Video Services
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 Haven customers, your SmartCamera can also be used to help determine occupancy and when to enable or disable your home monitoring system.
11. Will ecobee disclose the information collected to Third Parties?
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.
12. Your California privacy rights
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, discloses, and sells. 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.
You have the right to request the deletion of your Personal Information stored by ecobee. For more information on this right, see Removing my Personal Information.
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 [email protected] or write to us at:
Attn: California privacy rights
25 Dockside Drive, Suite 600
Toronto, ON M5A0B5
13. Data controller and processing
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.
14. Removing my Personal Information
If you do not wish ecobee to have a copy of your Personal Information, you can request its removal 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 your access to the ecobee Services and to guard against mischief or theft, ecobee will 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.
15. I want a portable copy of my Personal Information.
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 will contact you and may request additional Personal Information solely for the purposes of authenticating the legitimacy of the request.
16. Categories of Personal Information Collected and Used by ecobee
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, 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)
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
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.
Copyright and Trade-mark Licenses
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 [email protected] to notify us of this infringement.
Limited Copyright and Trade-mark License
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.
License and Website Access
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.
Submission of Original Material
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.
Disclaimer of Warranty/Limitation of Liability
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.
Third Party Links
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.