Product Information

13Version 01. SMACGI-D05-A1
limitation the maximum period of time that data or other content will be retained by the
Service and the maximum storage space that will be allotted on SmartAC servers on your
behalf. You agree that SmartAC has no responsibility or liability for the deletion or failure to
store any data or other content maintained or uploaded by the Service. You acknowledge
that SmartAC reserves the right to terminate accounts that are inactive for an extended
period of time. You further acknowledge that SmartAC reserves the right to change these
general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device,
including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to
browse the Service and the Site from a mobile device and (iii) the ability to access certain
features through an application downloaded and installed on a mobile device (collectively,
the “Mobile Services”). To the extent you access the Service through a mobile device, your
wireless service carrier’s standard charges, data rates and other fees may apply. In addition,
downloading, installing, or using certain Mobile Services may be prohibited or restricted by
your carrier, and not all Mobile Services may work with all carriers or devices. By using the
Mobile Services, you agree that we may communicate with you regarding SmartAC and
other entities by SMS, MMS, text message or other electronic means to your mobile device
and that certain information about your usage of the Mobile Services may be communicated
to us. In the event you change or deactivate your mobile telephone number, you agree to
promptly update your SmartAC account information to ensure that your messages are not
sent to the person that acquires your old number.
Subscription Terms and Fees
Subscriptions: Subscriptions may include any number of proprietary hardware devices,
sensors or 3rd party physical devices necessary to provide the services described on the
website or published collateral, access to the App/web applications and future product
offerings. Your subscription covers the cost of access to the Application, some additional
support services, and limited lifetime warranty coverage (including replacement of the
devices for normal wear and tear, as determined in our sole discretion). The Subscription is
payable in accordance with the Fees section below. For more details, please see the home
page of our Site. For more information on how to cancel your Subscription, please see the
Termination section, below.
Pre-Orders: Subscriptions may be made available for pre-order via the Services. If you
place a pre-order, SmartAC will charge your credit card upfront and/or invoice as per
agreed payments terms for the applicable Subscription fee specied on the Site, plus any
applicable charges for taxes, and will ship you the Hardware and the Service when they
become available.
For more information on how to cancel your Preorder, please see the Termination section,
below.
Fees: Upon purchasing a product or selecting a Subscription plan via the Services, you
will be required to select a payment plan and provide SmartAC information regarding your
credit card or other payment instrument. You represent and warrant to SmartAC that such
information is true and that you are authorized to use the payment instrument. You will
promptly update your account information with any changes (for example, a change in your
billing address or credit card expiration date) that may occur. You agree to pay SmartAC the
amount that is specied in the Subscription plan in accordance with the terms of such plan
and this Terms of Service. You hereby authorize SmartAC to bill your payment instrument
in advance on a periodic basis in accordance with the terms of the applicable payment
plan until you terminate your account (in accordance with the terms of Termination herein),
and you further agree to pay any charges so incurred. If you dispute any charges you must
provide written notice to SmartAC via email to [e-mail] within sixty (60) days
after the date that SmartAC charges you. We reserve the right to change SmartAC’s prices.
If SmartAC does change prices, SmartAC will provide notice of the change on the Site or in
an email to you, at SmartAC’s option, at least thirty (30) days before the change is to take
effect. Your continued use of the Service after the price change constitutes your agreement
to pay the changed amount. You shall be responsible for all taxes associated with the