Welcome to BOSS Controls
THIS LEGAL AGREEMENT BETWEEN YOU AND BOSS CONTROLS GOVERNS YOUR USE OF THE BOSS PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
BOSS and its affiliated partners is the provider of the Service, which permits you to utilize certain Internet services, to provide various device control for energy management and operational efficiency and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement. As soon as you enable BOSS cloud services, your device data will be automatically sent to and stored by BOSS, so you can later access that data. “BOSS” as used herein means:
- BOSS Controls LLC located at 4117 Liberty Avenue, Pittsburgh, PA 15224.
REQUIREMENTS FOR USE OF THE SERVICE
The Service is available to individuals aged 13 years or older.
To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.
Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. BOSS reserves the right to limit the number of accounts that may be created from a device and the number of devices associated with an account. High-speed Internet access is strongly recommended for use. The latest version of required software is recommended to access the Service and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
Changing the Service
Each term of service is one year and will automatically renew. BOSS reserves the right to modify or terminate the Service (or any part thereof), either temporarily or permanently. BOSS may post on our website and/or will send an email to the primary address associated with your account to provide notice of any material changes to the Service. It is your responsibility to check your primary email address registered with BOSS for any such notices. You agree that BOSS shall not be liable to you or any third party for any modification or cessation of the Service. If you have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment.
Limitations on Use
You agree to use the Service only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Service or other behavior intentionally or unintentionally threatens BOSS’ ability to provide the Service or other systems, BOSS shall be entitled to take all reasonable steps to protect the Service and BOSS’ systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your account.
Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages or in all countries and BOSS makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
The Service accepts credit cards and certain payment accounts (where available) for payment, and will automatically charge the payment method associated with your account. Fees are billed annually, in advance of provision of the service. Billing occurs at the time of or shortly after your transaction. You agree that you will pay for the purchased items through the Service, and that BOSS may charge your credit card or payment account for any additional items purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account, and that BOSS may continue to charge your credit card or payment account for all fees or charges associated with your subscription on an annual basis until you change or cancel the subscription. This means that unless you change or cancel your subscription prior to the next annual billing date, we will charge your credit card or payment account the then-current fees on that next annual billing date.
About thirty (30) days prior to your annual billing date, we will notify you by email to the email address associated with your BOSS account that your account is about to be billed and to remind you that your credit card or payment account will be billed the indicated fees on the annual billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BOSS WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or payment account you designate during the registration process. If BOSS is unable to successfully charge your credit card or payment account for fees due, BOSS reserves the right to revoke or restrict access to your stored data, delete your stored data, or terminate your account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the account Information section of BOSS; this may temporarily disrupt your access to the Services while BOSS verifies your new payment information.
Your total price will include the price of the upgrade plus any applicable credit card fees and any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service.
Account Information and Billing Inquiries
You may consult your account management page on your device for details on your account information including payment method and billing currency. BOSS will send an electronic invoice to the email address associated with your BOSS account whenever any Service fees are charged to your account. If you believe you have been billed in error for the Service please try and notify us within 45 days of the billing date by contacting BOSS Support at firstname.lastname@example.org.
Cancellations and Refunds
All fees and charges paid by you in relation to the Service are nonrefundable, except as required by law or as otherwise stated herein. You may contact BOSS for a full refund within 15 days of an initial upgrade purchase or within 45 days of a subsequent yearly payment.
Changes in Price
BOSS may at any time, upon notice required by applicable law, change the price of the service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription billing year will apply to subsequent subscription billing years and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel and stop using the storage upgrade.
As a registered user of the Service, you may establish an account. Don’t reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify BOSS of any security breach of your account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual. Provided that we have exercised reasonable skill and due care, BOSS shall not be responsible for any losses arising out of the unauthorized use of your account resulting from you not following these rules.
In order to use the Service, you must enter your BOSS ID and password to authenticate your account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your account. You agree that BOSS may store and use the Service Registration Data you provide for use in maintaining and billing fees to your account.
No Right of Survivorship
You agree that your account is non-transferable and that any rights to your BOSS ID or content within your account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated and all content within your account deleted.
No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
License From BOSS
BOSS grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by BOSS as a part of the Service and in accordance with this Agreement. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
As part of the Service, you may from time to time receive updates to the Software from BOSS which may be automatically downloaded and installed to your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that BOSS may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
Termination by You
You may terminate your account and/or stop using the Service at any time. If you wish to stop using software Service on your device, you may remove your terminate your account from the device. To terminate your account contact BOSS Support email@example.com. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
Termination by BOSS
BOSS may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by BOSS in its sole discretion and BOSS will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. In addition, BOSS may terminate your account upon prior notice via email to the address associated with your account if (a) your account has been inactive for one (1) year; or (b) there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by BOSS in its sole discretion and BOSS will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service, though it will refund pro rata any pre-paid fees or amounts.
Effects of Termination
Upon termination of your account you will lose all access to the Service and any portions thereof, including, but not limited to, your account, BOSS ID, data. In addition, after a period of time, BOSS will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
Links and Other Third Party Materials
Certain data, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or data. Because BOSS may have no control over such third party sites and/or materials, you acknowledge and agree that BOSS is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any data, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that BOSS shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such data, advertising, products or materials on or available from such sites or resources.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
BOSS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
BOSS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BOSS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOSS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, BOSS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
BOSS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BOSS DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
See also BOSS’ “Warranty Information,” which is incorporate herein, for further details on BOSS’ warranty and its limitations.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
BOSS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) BOSS’ FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) BOSS’ GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOSS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF BOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold BOSS, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any data you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by BOSS as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue BOSS, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of BOSS’ conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, and that this Agreement applies to any and all usage of your account. You agree to comply with this Agreement and to defend, indemnify and hold harmless BOSS from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.
BOSS may provide you with notices regarding the Service, including changes to this Agreement, by email to your account email address (and/or other alternate email address associated with your account if provided), by regular mail, or by postings on our website and/or the Service.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and BOSS shall be governed by the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law provisions. You and BOSS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Pittsburgh, Pennsylvania, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.
This Agreement constitutes the entire agreement between you and BOSS, governs your use of the Service and completely replaces any prior agreements between you and BOSS in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of BOSS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
BOSS reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. If you do not agree with them, you must stop using the Service and contact BOSS Support to retrieve your content. Your continued use of the Service will be deemed acceptance of such modifications and additional terms and conditions.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.