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Last Updated: November 10, 2024
Your purchase of products (“Products”) from this website constitutes your agreement to be bound by the following terms and conditions (the “Terms & Conditions”) and any additional terms we provide. Additional terms include, but are not limited to, the (1) GENIUS Panel Limited Warranty (the “GENIUSQ Limited Warranty”), which is available here and (2) GENIUSQ Privacy Policy, which is available here. The terms of the GENIUSQ Privacy Policy apply to information collected from you unless different terms are specified as part of a special offer or in another form or contract we provide you. Please read these Terms & Conditions carefully prior to purchasing or using the Products. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. If you do not agree with these Terms & Conditions, please do not purchase or use the Products.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from GENIUSQ. Every time you order Products from GENIUSQ, the Terms & Conditions in force at that time will apply between you and GENIUSQ. If you have any questions regarding these Terms & Conditions, you can contact GENIUSQ at simplify@GENIUSQ.io.
1. Acceptance
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND GENIUSQ. BY PLACING AN ORDER FOR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT.
2. Payment
By providing a credit card or other payment method accepted by GENIUSQ, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your GENIUSQ account, you can do so at any time by logging into your account and editing your payment information.
Failure to pay the amount of your order to GENIUSQ (excluding amounts disputed in good faith) for 60 days or more from the invoice due date may result in your account being suspended, and will not relieve you of the obligation to pay amounts due to GENIUSQ.
Full Payment is due upon signing the purchase agreement. Full payment, including shipping costs and sales tax, is due prior to shipment. Installation is considered complete once the Products are registered on GENIUSQ’s servers.
3. Cancellation
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
To cancel your order, reply to your GENIUSQ confirmation order email with the written message “Cancel”.
GENIUSQ reserves the right to cancel the order.
4. Availability and Pricing
All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed.
5. Title
Title to the Products shall pass to you upon delivery. GENIUSQ and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
6. Sales Tax
GENIUSQ calculates and charges sales tax in accordance with applicable laws.
7. Resale
Purchases made of the Product made on the website are intended for end users only and are not authorized for resale unless prior agreements are entered into with reseller and GENIUSQ.
8. Installation
Installation of your Products will be performed solely by an independent licensed installer previously certified in writing by GENIUSQ. GENIUSQ will not
perform any portion of the installation. Installers arranged by GENIUSQ are neither GENIUSQ employees nor are they affiliated with GENIUSQ.
You must ensure that you have all necessary consents before installation, including, but not limited to the permission of a landlord or property owner, as applicable. Neither GENIUSQ nor the installer will be liable for your failure to obtain any necessary permission or consent. GENIUSQ is not responsible for any injury or damage caused by self-installation and will void all Warranty.
9. Limited Warranty
GENIUSQ will provide the GENIUSQ Limited Warranty, which is available here. The GENIUSQ Limited Warranty shall be the sole and exclusive remedy for all claims based on failure of or defects in the Products.
The independent licensed installer will provide a workmanship warranty covering the installation.
EXCEPT FOR THE GENIUSQ LIMITED WARRANTY, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GENIUSQ HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, REGARDING ANY SUBJECT MATTER OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, GENIUSQ SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR SUFFICIENCY FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT OR TITLE, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. FURTHER, GENIUSQ DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PRODUCTS OR THE APPLICATION WILL OPERATE IN COMBINATION WITH ANY MATERIAL OR PRODUCTS NOT PROVIDED BY GENIUSQ, WILL BE FREE FROM BUGS, OR THAT ANY ERRORS WILL BE OR CAN BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSONNEL OF GENIUSQ OR AN INSTALLER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE GENIUSQ LIMITED WARRANTY.
10. Limitation of Liability
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) GENIUSQ BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF GENIUSQ KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) GENIUSQ’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, INSTALLATION OF THE PRODUCTS OR THE APPLICATION, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO GENIUSQ FOR THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. GENIUSQ DISCLAIMS ALL LIABILITY OF ANY KIND OF GENIUSQ’S LICENSORS, SUPPLIERS AND INSTALLERS.
11. Intellectual Property Ownership
GENIUSQ and its licensors retain all rights, title and interest in and to, including all patent rights, trademarks, service marks, trade names, trade dresses, copyrights, mask work rights, and trade secret rights, and any and all other intellectual property and industrial property rights embodied in or associated with, the Products and the Application, and all enhancements, improvements, modifications and derivative works thereof. There are no implied licenses under this Agreement, and any rights not expressly granted hereunder are reserved by GENIUSQ. Notwithstanding anything herein to the contrary, GENIUSQ may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights in any court of competent jurisdiction.
12. Data Protection
Please see our Privacy Policy, available here for more information on how the data we collect from you and how we use and share that data. We will collect, use and disclose your personal information as set out in that Privacy Statement and you hereby consent to us doing so.
GENIUSQ is not responsible for any information provided by you to third parties, including devices that provide third party control, including, without limitation, utility and smart energy programs. You assume all privacy, security and other risks associated with providing personally identifiable information to third parties. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.
13. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14. Breach
If you are in breach of this Agreement, upon seven (7) days prior written notice, GENIUSQ may pursue any remedy it has under this Agreement or at law, including termination, suspension of performance, repossession of the Products (if title has not yet transferred) and collection of all amounts due.
15. Severability
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
16. Survival
Provisions that, by their nature, should survive termination of these Terms & Conditions shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability and terms regarding disputes between us.
17. Entire Agreement
This Agreement represents the entire understanding relating to your purchase or use of the Products and prevails over any prior or contemporaneous, conflicting or additional communications between you and GENIUSQ. All rights not expressly granted herein are reserved by GENIUSQ.
18. Waiver
Failure or delay by us to enforce any of these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
19. Headings
Headings and captions are for convenience only and are not to be used in the interpretation of these Terms & Conditions.
20. Electronic Communications
You are communicating with GENIUSQ electronically when you use GENIUSQ’s website or send email to GENIUSQ. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order on GENIUSQ’s website, we collect and store your email address. From that point forward, your email address is used to send you information about GENIUSQ’s products and services unless you opt-out of such emails using the opt-out link in the emails.
21. Assignment
You may not transfer or assign these Terms & Conditions without the prior written consent of GENIUSQ. GENIUSQ may assign these Terms & Conditions without your consent.
22. Governing Law
These Terms & Conditions are governed by the laws of the State of Delaware without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for the State of Delaware for the purpose of litigating all such claims or disputes, unless
such claim or dispute is required to be arbitrated as set forth in Section 23 below.
23. Dispute Resolution
All disputes of any nature arising out of or in connection with this Agreement shall be brought in the state or federal courts of competent jurisdiction located in Delaware. Each Party submits to the exclusive jurisdiction of such courts and waives any objection to the proper venue of such courts.
If you have any dispute with GENIUSQ or any related third party, arising out of, relating to, or connected with the Products, you agree to contact GENIUSQ at support@GENIUSQ.io; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give GENIUSQ thirty (30) days within which to resolve the dispute to your satisfaction. If the parties do not reach an agreed upon solution within thirty (30), then either party may initiate binding arbitration as the sole means to resolve claims, in accordance with the provisions set forth below.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU AND GENIUSQ AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND/OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES AND/OR PRODUCTS SHALL BE RESOLVED ONLY BY FINAL AND
BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court in your county of residence within the United States if your claims qualify; and (2) this agreement to arbitrate does not include your or GENIUSQ’s right to seek injunctive or other equitable relief in state or federal court in Delaware to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions.
Before initiating an arbitration, you and GENIUSQ each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to GENIUSQ’s address, which is currently: 2085 Amherst Heights Drive, Unit 613, Burlington, Ontario L7P 5C2 Attention: Legal Department. We will provide a Notice of Dispute to you via the email address associated with your GENIUSQ account.
Arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding
filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the Kent County, Delaware.
IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE OUR RIGHT TO A JURY TRIAL. YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND GENIUSQ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
24. Notices
GENIUSQ may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your GENIUSQ account, hard copy, or posting of such notice on the GENIUSQ website. GENIUSQ is not responsible for any automatic filtering you or your network provider may apply to email notifications. GENIUSQ recommends that you add @GENIUSQ.io URLs to your email address book to help ensure you receive email notifications from GENIUSQ.
Contact Us
If you have any questions about these Terms & Conditions or otherwise need to contact GENIUSQ for any reason, you can reach us at support@GENIUSQ.io.
Effective Date: October 53, 2022
GENIUSQ.io, Inc. (“GENIUSQ”, “us”, “we”, or “our”) operates the www.GENIUSQ.io website, the GENIUS and GENIUSQ applications, and GENIUS products (hereinafter referred to as the “Service”).
This privacy policy applies to personal information collected from you unless different terms are specified as part of a special offer or in another form or contract.
Commitment to Privacy
GENIUSQ respects your right to privacy and the use of your personal information. This Privacy Policy is designed to provide transparency in informing you of our policies regarding the collection, use and disclosure of personal information when you use our Service and the choices you have associated with that personal information. GENIUSQ values transparency about the types of personal information collected and its use.
Information Collection
We collect the following types of information related to you or your use of our products and Service:
Information from or about you or your devices
We may collect personal information from or about you (such as name, email, address, or other contact information), including:
When visiting the GENIUSQ website or using our Services, we use cookies and similar tracking technologies to track the activity on our Service and we hold certain information:
Information collected about you or our Service and products is retained for the period needed to fulfil the uses outlined in this Privacy Policy, unless longer retention is required or permitted by law. Information no longer retained for these purposes is deleted or kept in a secure format that does not identify the individual. Information collected in a format that does not on its own allow for identification of an individual may be collected, used, transferred, and disclosed for any purpose. In the case that non-personally-identifiable data is combined with your personal information, the combined information will be treated as personal information.
Information from or about you or your GENIUSQ products
We may collect information from or about your GENIUSQ products or your home from you, from your electric utility, via a GENIUSQ certified installer partner, or from the product itself. This includes but is not limited to:
If you do not wish for GENIUSQ to collect performance or other personal information about you from GENIUSQ products, please contact us using the information in the “Contact Us” section below. Please note that opting out of the performance data collection from your GENIUSQ product prevents GENIUSQ from identifying and notifying you of issues applicable to your product functionality and performance in real time. This may result in reduced performance, damage or inoperable, and may impact certain features such as periodic software updates.
Use of Information
GENIUSQ uses the data described above for various purposes, including
To communicate with you
Such as:
• To provide you with news, special offers, advertising and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information. You may opt out of receiving any, or all, of these communications from us by contacting us.
To provide and improve our products and Service
Such as:
GENIUSQ may use or share non-personally identifiable information for any purpose, such as for business or research purposes, for analysis that benefits the public or industry, to modify and improve our products and Service, to adjust products and Services to fit your needs, and when permitted legally.
Sharing Personal Information
GENIUSQ may share your personal information in the following cases:
With your permission
We may share personal information with your permission, such as to add an authorized user to your GENIUSQ account or if you sign up for programs offered by third party partners (e.g. utilities or energy aggregators). Please note, the terms and privacy policies of any third-party partners will govern your use of those products and services.
With service providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in understanding how our Service is used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
With advertising & analytics providers
We and our third-party advertisers and analytics providers may use cookies and other technologies through our Services to support or deliver personalized advertising on third-party websites and online services.
As part of business transitions
If GENIUSQ.IO is involved in a merger, acquisition or asset sale, your personal information may be transferred.
For legal reasons
Under certain circumstances, GENIUSQ may disclose your personal information if permitted to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
Please note that if you choose a third party for the purchase or installation of your GENIUSQ products and share your personal information, we cannot control collection, storage or use of your personal information by that third party. Always review the privacy statements for any company that intends to collect your personal information.
Rights and Transparency
Your Choices.
You have the ability to control your personal information in the following ways:
Opt-Out of Email. If you wish to opt out of marketing and promotional communications from GENIUSQ, please contact us using the information in the “Contact Us” section below or click the “unsubscribe” button at the bottom
of your email. Please note that we may continue to contact you with important safety or administrative messages even if you choose to opt out from marketing communications.
Opt-Out of Interest-Based Advertising. We use third parties to help us provide advertisements to you that are tailored based on interests that you have expressed on our Services or elsewhere (“Interest-Based Ads”). You also may opt out of receiving Interest-Based Ads from many third-party ad networks, such as those provided by members of the Digital Advertising Alliance (“DAA”) at optout.aboutads.info. In addition, the DAA offers AppChoices, a separate choice tool for users to exercise control over the collection and use of personal information through mobile applications for personalized advertising and other related uses. To exercise choice for participating companies, you can install the DAA’s AppChoices application on your mobile device. Visit youradchoices.com/appchoices for information on the DAA’s AppChoices tool.
The opt outs described above are device- or browser-specific and may not be available for all devices. If you opt out on your mobile device, you may continue to receive personalized advertising on your desktop computer or other devices. If you choose to opt out, you will still see ads, but the ads will not be based on your activities across other apps and websites you use.
Personal Information Requests.
In certain jurisdictions you may have the right to request and receive access to certain personal information we collect related to you or your use of our Services, to correct or amend personal information if inaccurate, have information restricted or deleted from our system, to withdraw your consent to uses of your personal information, and to lodge complaints with local supervisory authorities. In some circumstances, these rights may be limited by local law. If you would like to exercise these rights you may contact us as indicated in the “Contact Us” section, or update account information from your GENIUSQ App.
Data Security for Personal Information.
The security of your personal information is very important to us, but please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use industry standard means to protect your personal information, we cannot guarantee its absolute security. If you have reason to believe your interaction with us is no longer secure, please contact us immediately using the contact information below in “Contact Us”.
Transfer of Data.
Your information, including personal information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal, information to the United States and process it there.
Updates to Privacy Policy.
We may update our Privacy Policy from time to time. We will notify you of any changes by updating the “effective date” and posting the new Privacy Policy on this page.
If changes are significant, we’ll let you know with a prominent notice on our Service or by sending you an email or other notification.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Links to Other Websites.
Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Children’s Privacy.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.
“Do Not Track” Signals.
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
Contact Us.
If you have any questions about this Privacy Policy, would like to correct or amend personal information, or would like to opt-out from certain services please contact us:
Last Updated on: August 14, 2023
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION SECTION THAT INCLUDES A CLASS ACTION AND JURY WAIVER AFFECTING YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH GENIUSQ. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
GENIUSQ.IO, Inc. and its affiliates (collectively, “GENIUS”, “us”, “we”, or “our”) provides (1) the GENIUSQ website located at www.GENIUSQ.io, and all associated sites linked to www.GENIUSQ.io, including a website for Installers (as defined below) that may be accessed at techportal.GENIUSQ.io (collectively, the “Website”), (2) software that may be downloaded to your mobile device, including smartphones and tablets, to access certain GENIUSQ services (each, an “App”), and (3) certain services that can be accessed through the Apps and/or the Website (collectively the “Services”) which can be used to control a product manufactured, sold, provided, or offered by GENIUSQ, including the GENIUS Panel, and GENIUSQ Software Services (each including any embedded software therein, a “Product”, and collectively, the “Products”). The Website, Apps, and Services together are collectively known as the “Platform”.
These Terms of Service (the “Terms”) govern your access to and use of the Platform and Products. The term “you” as used in these Terms means any person or entity who accesses or uses the Platform and Products and accepts these Terms, including Owners, Authorized Users, and Installers (all as defined below).
THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND GENIUSQ. BY ACCEPTING THESE TERMS THROUGH A WEBSITE OR MOBILE APP, OR BY ACCESSING AND USING THE PLATFORM (INCLUDING THE WEBSITES) OR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND PRODUCTS AND TO ENTER INTO THIS AGREEMENT (SUBJECT TO SECTION 1(b) BELOW). IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCT FROM YOUR ACCOUNT AND CEASE ACCESSING OR USING THE PLATFORM AND PRODUCT, AND YOU ACKNOWLEDGE THAT YOUR PRODUCT WILL NO LONGER BE FUNCTIONAL.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE PLATFORM AND OF THE PRODUCT CONNECTED TO THE PLATFORM. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE PLATFORM AND PRODUCT.
SECTION 4 DESCRIBES IMPORTANT LIMITATIONS OF THE PLATFORM AND PRODUCT, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH GENIUSQ. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
1. OVERVIEW, GENERAL USE, TERM AND TERMINATION.
1.1. Overview.
These Terms govern your use of the Platform and Products, including GENIUSQ’s proprietary programs in object code, Apps, and any embedded software or firmware which are made generally available by GENIUSQ as part of the Products (collectively, the “Software”). Your purchase of a Product and licensing of the Software pursuant to these
Terms are governed by the limited warranty provided with that Product (which can be found here under “Warranty”) and may be further governed by other terms of sale, as provided with your Product when you purchased it. Certain features of the Platform may be subject to additional rules, which will be posted in connection with such features. GENIUSQ’s privacy policy (the “Privacy Policy”) found here is incorporated herein by reference, and you accept and agree to the Privacy Policy by using the Platform and Product. The term “purchase” as used in these Terms with respect to the Products, shall, as to the Software, mean and refer to the licensing of the Software pursuant to these Terms. Subject to the terms and conditions of the license expressly set forth in these Terms, you acknowledge and agree that GENIUSQ retains all right, title, and interest in and to the Software.
1.2. General Use.
By using the Platform and Products, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Platform and Products with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Platform and Products and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless GENIUSQ if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Platform or Products at any time or in any manner or submit any information to GENIUSQ or the Platform.
1.3. Term and Termination.
These Terms will remain in full force and effect as long as you continue to access or use the Platform or Products, or until terminated in accordance with the provisions of these Terms. At any time, GENIUSQ may (i) suspend or terminate your rights to access or use the Platform, or (ii) terminate these Terms with respect to you if GENIUSQ, in good faith, believes that you have used the Platform or Products in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Platform with respect to that Product automatically terminates and the new owner will have no right to use the Product or Platform under your Account (as defined below) and will need to register for a separate Account with GENIUSQ and accept these Terms. Upon termination of these Terms, your Account and right to use the Platform will automatically terminate.
2. ACCOUNTS.
2.1. General.
You can simply view certain portions of the Website, and not access or use any Services, by simply visiting and viewing the Website. You do not need an account to do so. However, to access the Services, certain portions of the Website, and the Apps, you must have an account with GENIUSQ. GENIUSQ provides several types of accounts, as set forth below.
2.2. Types of Accounts.
a.
Owner. If you are the owner of the residence in which a Product is installed, you are considered an “Owner”. When a Product is installed at your residence, the Installer will collect your email address from you, so that GENIUSQ may send you an account invitation. Your username will be the email to which the invitation was delivered, and you will create your own password as part of the registration process. As part of the registration process, we will also ask you to provide or confirm your name, the address of your residence, and your phone number. You represent and warrant that: (i) all required registration information submitted by you is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Platform and Products will not violate any US or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). If you have purchased a residence where a Product has already been installed, please contact us at support@GENIUSQ.io so that we may help you set up your Account. An Owner may designate authorized users (each an “Authorized User”) who may then make an Account to access the Owner’s Products and use the Platform. If you are an Owner, you should only invite those individuals whom you trust to become Authorized Users.
b.
Authorized User. You are an “Authorized User” if an Owner has sent you an invitation to make an Account to access and use the Platform and Products of the Owner. Authorized Users shall have the ability to use the Platform and monitor and control the Products. Authorized Users can view information and content related to an Owner’s Products and the Platform, such as outage notifications and power usage history. Authorized Users are responsible for their own actions in connection with the Platform and Products. An Owner can revoke your access as an Authorized User at any time.
c.
Installer. You are an “Installer” if you have completed the required training from GENIUSQ and have agreed to be an authorized installer to install GENIUSQ Products at certain residences for an Owner who has purchased a Product. When you become an authorized installer, GENIUSQ will send you an email invitation inviting you to create an Account and to download the version of the App for Installers. To create an Account, you may be required to provide GENIUSQ with your name and phone number, and you must create a password. Once you have created an Account with GENIUSQ, you will be able to access those certain portions of the Platform designated for access by Installers. As an Installer, you have special access to certain features and functions specific to Installers only, and you agree not to share your Account credentials with anyone else, including other Installers.
2.3. Account Rules.
All the information that you provide when registering for an Account and otherwise through the Platform must be accurate, complete and up to date. You may change, correct or remove any information from your Account by either logging into your Account directly and making the desired changes or contacting GENIUSQ using the contact information at the end of these Terms requesting that we make the change. You are responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur using your password. You agree not to share your password, let others access or use your password or do anything else that might jeopardize the security of your password. You agree to notify GENIUSQ if your password to the Platform is lost, stolen, if you are aware of any unauthorized use of your password on the Platform, or if you know of any other breach of security in relation to the Platform.
2.4. Electronic Communications.
By using the Platform and purchasing the Products, you consent to receiving electronic communications from GENIUSQ. These electronic communications may include emails, push notifications, and other electronic notices about the Services, and other information concerning or related to the Platform and Products. These electronic communications are part of your relationship with GENIUSQ. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Standard carrier data charges may apply to your receipt and use of such electronic communications.
2.5. Permits.
Local governments may have various permit or registration requirements depending on your intended use of a Product. Without the required permit or registration, fines and penalties may be levied against you by the applicable local government. You understand and agree that you are solely responsible for obtaining, maintaining and renewing any permit or registration that may be required by your local government. Further, you agree to be solely responsible for any fines and penalties that may be assessed against you arising from your failure to obtain, maintain and renew any applicable permits or registrations.
3. RIGHT TO USE THE PLATFORM AND PRODUCTS; THIRD-PARTY PRODUCT AND SERVICE; CHANGES.
3.1. License Grant to Platform and Materials.
GENIUSQ provides content through the Platform and Products that is copyrighted and/or trademarked work of GENIUSQ or GENIUSQ’s third-party licensors and suppliers (collectively, the “Materials”). Materials include the
Software, installation guides, reference guides, operation manuals, and release notes provided with the Products in printed, electronic, or online form (“Documentation”), and may also include logos, graphics, text, audio, video, images, third-party software and other content. Subject to these Terms, and your compliance with these Terms, GENIUSQ hereby grants you a limited, personal, revocable, non-exclusive and non-transferable license to use and to display the Materials, to install a copy of an App on each smartphone or tablet you personally own, to download a personal copy of the Documentation provided with your Product, and to use the Platform solely for your personal non-commercial use if you are an Owner or an Authorized User, and for your use in connection with any installation, diagnostic, or repair services provided by you if you are an Installer. Except for the foregoing license, you have no other rights in the Platform or any Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Platform or Materials in any manner.
3.2. Restrictions.
You may not: (i) modify, disassemble, decompile or reverse engineer the Platform or Materials, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, host, distribute or otherwise transfer the Platform or Materials to any third-party or use the Platform or Materials to provide time sharing or similar services for any third-party; (iii) make any copies of the Platform or Materials, other than as provided in Section 3.1 above; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform or Materials, features that prevent or restrict use or copying of any content accessible through the Platform, or features that enforce limitations on use of the Platform or Materials; or (v) delete the copyright and other proprietary rights notices on the Platform or Materials.
3.3. Automatic Updates.
GENIUSQ may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Platform and/or the Software (“Updates”). These may be automatically installed without providing you any additional notice or receiving any additional consent. By using the Platform or Products, you consent to the automatic Updates. If you do not want such Updates, your remedy is to terminate your Account and stop using the Platform and Products. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Platform and Products, and you agree to promptly install any Updates that GENIUSQ provides you. Your continued use of the Platform and Products is your agreement to (i) these Terms with respect to the Platform and Products, and (ii) any changes or modifications that GENIUSQ may make to these Terms over time.
3.4. Third Party Products and Services.
GENIUSQ may provide you with the ability to interface the Product and Platform to certain third-party products and services (each, a “Third-Party Product and Service”). You must expressly consent to, and authorize, such interfaces with a Third-Party Product and Service, and subject to applicable contractual obligations or limitations or applicable law, your consent and authorization is revocable by you at any time. Once your consent is given for a particular Third-Party Product and Service, you agree that GENIUSQ may exchange information and control data regarding you and your use of the Products, including your personal information, in order to enable the interface that you have authorized. Once this information is shared with the particular Third-Party Product and Service, its use will be governed by the third party’s privacy policy and not by GENIUSQ’s Privacy Policy. You acknowledge and agree that GENIUSQ makes no representation or warranty about the quality or safety of any Third-Party Product or Service or the interface with Products and Platform. Accordingly, GENIUSQ is not responsible for your use of any Third-Party Product and Service, or any personal injury, death, property damage (including, without limitation, to your residence), or other harm or losses arising from or relating to your use of any Third-Party Product and Service. You should contact the third party with any questions about their Third-Party Product and Service.
3.5. Unauthorized Activities.
When using the Platform, you agree not to: (i) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) use racially, ethnically or otherwise offensive language; (iii) discuss or incite illegal activity; (iv) use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); (v) post anything that exploits children or minors or that depicts cruelty to animals; (vi) post any
copyrighted or trademarked materials without the express permission from the owner; (vii) disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of such solicitation; (viii) use any robot, spider, scraper or other automated means to access the Platform; (ix) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (x) alter the opinions or comments posted by others on the Platform; (xi) post anything clearly false or misleading; (xii) post anything unrelated to our business, products or services; and (xiii) post anything contrary to our public image, goodwill or reputation, provided that the foregoing will not apply to you if applicable law prohibits such limitations and restrictions. This list of prohibitions provides examples and is not complete or exclusive. GENIUSQ reserves the right to (a) terminate access to your Account, your ability to post to the Platform (or use the Services) and (b) refuse, delete or remove any Submissions (as defined below); with or without cause and with or without notice, for any reason or no reason, or for any action that GENIUSQ determines is inappropriate or disruptive to the Platform or to any other user of the Platform. GENIUSQ may report to law enforcement authorities any actions that may be illegal and any reports it receives of such conduct. When legally required or at GENIUSQ’s discretion, GENIUSQ will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet.
3.6. Privacy and Security.
Please read our Privacy Policy, which describes how we use information that you provide or that GENIUSQ may collect from you as in connection with your use of the Platform and Products. GENIUSQ makes reasonable efforts to implement appropriate security measures but cannot guarantee that unauthorized third parties will not access or misappropriate your personal information, and you acknowledge that you provide your personal information to GENIUSQ at your own risk.
3.7. Changes.
GENIUSQ may make changes to the content and Services offered on the Platform at any time. GENIUSQ can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Platform, notifying you through the Services, sending you an email, or by other means. By using the Platform after GENIUSQ has updated these Terms, you are agreeing to all the updated Terms. If you do not agree with any of the updated Terms, you must stop using the Platform.
3.8. Geographic Restrictions.
GENIUSQ controls and operates the Platform from its headquarters in the United States of America and some or all of the Materials may not be appropriate or available for use in other locations. If you use this Platform outside the United States of America, you are responsible for following applicable local laws.
4. INTENDED USE AND PRODUCT LIMITATIONS.
4.1. Intended Use.
The Platform is intended to be accessed and used for non-time-critical information and control of the Products and subject to limitations and availability set forth in these Terms.
4.2. No Critical Usage.
You acknowledge and agree that the Platform and Products are not certified for emergency response purposes, whether alone or interfaced with Third-Party Product and Service. GENIUSQ makes no warranty or representation that the use of the Products or Platform will affect or increase your safety. You should not rely on the Products alone to control critical devices, such as devices that impact your health and safety. YOU AGREE THAT YOU WILL NOT RELY ON THE PLATFORM OR PRODUCTS FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS OF YOUR PRODUCTS AND ASSOCIATED DEVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY-NOTIFICATION SYSTEM. YOU UNDERSTAND THAT THE PRODUCTS AND PLATFORM, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCT OR SERVICE, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION
SYSTEM. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL GENIUSQ DISPATCH EMERGENCY SERVICES TO YOUR HOME IN THE EVENT OF AN EMERGENCY.
4.3. Service Availability.
You acknowledge that the Platform, including remote access and mobile notifications, is not error-free, 100% reliable or 100% available. Proper functioning of the Platform relies and is dependent on, among other things, the transmission of data through your broadband internet network or cellular service, the enabled wireless device (such as a smartphone or tablet), access to broadband internet or cellular service, for which neither GENIUSQ nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions”). You understand that Service Interruptions may result in the Platform being unreliable or unavailable for the duration of the Service Interruption and you agree that GENIUSQ is not responsible for any damages caused by or delay of the Platform. We cannot and do not guarantee that you will receive notifications within any given time, or at all. The Platform may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. GENIUSQ does not offer any specific uptime guarantee for the Platform.
4.4. System Requirements.
The Platform will not be accessible without: (i) a working wired or wireless local area network (LAN), e.g., wi-fi or ethernet connection that is able to communicate with the Platform and Products; (ii) an Account; (iii) an enabled and supported wireless device, such as a smartphone or tablet (required for some features and functionalities of the Services); (iv) always-on broadband Internet access in your home with bandwidth sufficient to support the Products; and (v) other system elements that may be specified by GENIUSQ. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Platform may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Products and Platform.
4.5. Cellular Backup.
In the event of any Service Interruptions to your home’s Wi-Fi network or internet connection, the Platform may be unreliable or unavailable for the duration of the Service Interruption. If the Product has a cellular backup function, GENIUSQ may attempt to use it to mitigate the Service Interruption, but GENIUSQ cannot guarantee that such function will work 100% of the time.
4.6. Energy Savings.
GENIUSQ does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Products or Platform. Actual energy savings and monetary benefits will vary depending on factors beyond GENIUSQ’s control or knowledge. From time to time, GENIUSQ may use the Platform to provide you with information that is unique to you and your energy usage and suggest an opportunity to save money on energy bills or to utilize your energy resources more efficiently. We do this to highlight an opportunity based on our analysis and information about you and your historical energy consumption. You acknowledge that these suggestions are not a guarantee of actual savings and you agree not to seek monetary or other remedies from GENIUSQ if you do not receive savings or if your savings differ from what is suggested by the Platform.
5. THIRD PARTY LIMITATIONS.
5.1. General.
The Platform and Products may rely on or inter-operate with Third-Party Product and Service. These Third-Party Product and Service are beyond GENIUSQ’s control, but their operation may impact on, or be impacted by, the use
and reliability of the Platform. You acknowledge and agree that: (i) the use and availability of the Platform is dependent on third-party product vendors and service providers; (ii) these Third-Party Product and Service may not operate in a reliable manner 100% of the time and they may impact on the way that the Platform operates; and (iii) GENIUSQ is not responsible for damages and losses due to the operation of these Third-Party Product and Service.
5.2. Third-Party Service Providers Used by GENIUSQ.
You acknowledge that GENIUSQ uses third-party service providers to enable some aspects of the Platform, such as battery vendors for data storage, solar photovoltaic and home battery systems, cloud vendors for synchronization and communication, and mobile operating system vendors and mobile operators for mobile device notifications. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS THIRD-PARTY SERVICE PROVIDERS FROM ALL LIABILITY, DAMAGES AND LOSSES OF ANY KIND OR SORT, PERSONAL INJURY OR LOSS OF LIFE ARISING FROM YOUR USE OF THE PRODUCTS AND SERVICES.
5.3. Equipment, ISP and Operator.
You acknowledge that the availability of the Platform is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment (collectively, “Equipment”); (ii) your internet service provider (“ISP”); and (iii) your mobile device operator (“Operator”). You acknowledge that you are responsible for all fees charged by your ISP and Operator in connection with your use of the Platform. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service and other policies of your ISP and Operator.
5.4. App Stores.
You acknowledge and agree that the availability of the Apps is dependent on the third-party websites from which you download the Apps, e.g., the Google Play Store from Google or the App Store from Apple (each, an “App Store”). You acknowledge that these Terms are between you and GENIUSQ and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Apps from it. You agree to comply with such App Store terms and conditions, and your license to use the Apps is conditioned upon your compliance with such App Store terms and conditions. To the extent that such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
5.5. Third-Party Website Links and Referrals.
The Website may contain links to other websites operated by third parties and referrals to third-party vendors (“Third-Party Sites”). Such Third-Party Sites are not under our control. GENIUSQ provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third-Party Sites. Your use of these Third-Party Sites is at your own risk.
5.6. Release Regarding Third Parties.
GENIUSQ is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third-Party Product and Service, Third-Party Sites, Equipment, ISP, and Operators. GENIUSQ hereby disclaims, and you hereby discharge, waive and release GENIUSQ and its licensors and suppliers from any past, present and future claims, liabilities and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
6. OWNERSHIP AND INTELLECTUAL PROPERTY.
6.1. GENIUSQ Property.
You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, in the Platform, Products and Materials are owned by GENIUSQ or its affiliates or our licensors. Your possession, access to and use of the Platform, Product and Materials do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. GENIUSQ, and its affiliates and licensors and suppliers, reserve all rights not granted in these Terms. The Platform and Materials are licensed to you, not sold, under these Terms.
6.2. Feedback.
If you send or transmit any communications, comments, questions, suggestions, or related materials to GENIUSQ, whether by letter, email, telephone, or otherwise suggesting or recommending changes to the Products, Platform, Documentation, or Materials, including, without limitation, new features or functionality relating thereto (collectively, “Feedback”), all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and GENIUSQ is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including, but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant GENIUSQ an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as GENIUSQ may determine in GENIUSQ’s sole discretion. Notwithstanding the foregoing, you understand and agree that GENIUSQ is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
6.3. Your Submissions.
GENIUSQ may provide you with the ability to submit certain content to the Platform. You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Platform (each a “Submission”) and through the Services available in connection with this Platform. You may not upload, post or otherwise make available on this Platform any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness. Unless otherwise explicitly stated herein or in the GENIUSQ Privacy Policy, you agree that any Submission provided by you in connection with this Platform is provided on a non-proprietary and non-confidential basis. You hereby grant to GENIUSQ a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. GENIUSQ agrees to use any personally identifiable information contained in any of your Submissions in accordance with GENIUSQ’s Privacy Policy. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Platform. When you provide Submissions, you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph above. Those prohibitions do not require GENIUSQ to monitor, police or remove any Submissions or other information submitted by you or any other user.
6.4. Copyright/Trademark Information.
Unless otherwise specified in these Terms, all information and screens appearing on the Platform, Products and Materials, including documents, manuals, presentations, services, site design, text, audio, graphics, images, and
icons, as well as the arrangement thereof, are the sole property of GENIUSQ, Copyright © 2016-2024 GENIUSQ.IO, Inc. All trademarks, names, and logos on the Platform, Products and Materials are the property of GENIUSQ or their respective owners. GENIUSQ trademarks include GENIUSQ, GENIUSQ-derivative marks, other marks, logos, product or service names, slogans and the look and feel of the Platform, Products and Services. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
7. INDEMNITY.
a.
You agree to indemnify and hold harmless GENIUSQ and its officers, directors, employees, affiliates, agents, and licensors from and against any and all actions, causes of action, suits, claims, demands, damages, liabilities, losses, costs, and expenses (including attorneys’ fees and disbursements and court costs) arising out of or related to: (i) use of the Platform or Products by you or any person using your user name and/or password; (ii) your violation of these Terms; (iii) any Submissions or Feedback you provide; or (iv) your violation of any law or the rights of any third party.
b.
Nothing contained herein shall be construed to require any indemnification which would render or make this clause, in whole or in part, void and/or unenforceable under applicable law. GENIUSQ reserves the right, at your expense, to assume the exclusive control of the defense of any matter for which you are required to indemnify GENIUSQ or, at GENIUSQ’s option, to settle the same, and you agree to cooperate with such defense or settlement. You agree not to settle any such claim without GENIUSQ’s prior written consent. GENIUSQ will use reasonable efforts to notify you of any claim, action or proceeding for which it wishes to seek an indemnity in accordance with this section, upon becoming aware of it.
8. DISCLAIMERS.
a.
Your use of the Platform and/or the Products are at your own risk. The Materials have not been verified or authenticated in whole or in part by GENIUSQ, and they may include inaccuracies or typographical or other errors. GENIUSQ does not warrant the accuracy of timeliness of the Materials contained on the Platform. GENIUSQ has no liability for any errors or omissions in the Materials, whether provided by GENIUSQ, our licensors, suppliers or other users. The Platform provides you with information regarding the Product and its connection with other products and services (collectively, “Product Information”). All Product Information is provided “as is” and “as available.” We cannot guarantee that Product Information is correct or up to date. In cases where it is critical, accessing Product Information through the Platform is not a substitute for direct access of the information in your residence.
b.
ANY WARRANTIES MADE BY GENIUSQ ARE FOR THE BENEFIT OF THE USER OF THE PLATFORM ONLY AND NOT FOR THE BENEFIT OF ANY THIRD PARTY. GENIUSQ, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE PLATFORM, THE PRODUCTS (OTHER THAN THE LIMITED WARRANTY), OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, OPERABILITY, CONDITION, SYSTEM INTEGRATION, NON-INTERFERENCE, WORKMANSHIP, TRUTH, ACCURACY (OF DATA OR ANY OTHER INFORMATION OR CONTENT), ABSENCE OF DEFECTS, WHETHER LATENT OR PATENT, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, THE PRODUCTS, AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS. EXCEPT FOR THE LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENIUSQ EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, REGARDING THE SUBJECT MATTER OF THESE
TERMS. WITHOUT LIMITING THE FOREGOING, (i) GENIUSQ SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT; AND (ii) GENIUSQ DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSONNEL OF GENIUSQ SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES CONTAINED IN THESE TERMS.
9. LIMITATION OF LIABILITY.
a.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENIUSQ BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, MULTIPLE OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE FORM OF ACTION, EVEN IF GENIUSQ KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
b.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENIUSQ’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO 9(a) ABOVE, ARISING FROM OR RELATED TO THE PRODUCT OR THE PLATFORM, REGARDLESS OF WHETHER CLAIMS FOR SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL THEORY, SHALL NOT EXCEED THE FEES, IF ANY, ACTUALLY PAID BY YOU TO GENIUSQ OR GENIUSQ’S AUTHORIZED RESELLER FOR THE PRODUCTS IN THE IMMEDIATELY PRECEDING 12-MONTH PERIOD.
c.
GENIUSQ DISCLAIMS ALL LIABILITY OF ANY KIND OF GENIUSQ’S LICENSORS AND SUPPLIERS. GENIUSQ SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS TO OR FROM THE PLATFORM, OR FOR ANY USE OF SUCH MATERIALS.
10. DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER.
Please read the following (this “Section 10”) carefully. It affects your rights. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at support@GENIUSQ.io. This Section 10 facilitates the prompt and efficient resolution through binding arbitration of any disputes that may arise between you and GENIUSQ. Arbitration replaces the right to go to court. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Section 10 (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into the agreement set forth in this Section 10 constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
10.1. Definitions.
For the purpose of this Section 10, “GENIUSQ” means GENIUSQ and its parent, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and GENIUSQ that arise from or relate to these Terms or the Platform or Products in any way, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 10 (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any
claims against other parties relating to services or products provided or billed to you (such as GENIUSQ’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
10.2. Agreement.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS SECTION 10.
10.3. Pre-Arbitration Claim Resolution.
For all Disputes, whether pursued in court or arbitration, you must first give GENIUSQ an opportunity to resolve the Dispute. You must commence this process by mailing written notification to GENIUSQ at: Attn: Legal, 2085 Amherst Heights Drive, Unit 613, Burlington, Ontario L7P 5C2. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If GENIUSQ does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
10.4. Exclusions from Arbitration/Right to Opt Out.
Notwithstanding the above, you or GENIUSQ may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies to be initiated in small claims court; or (ii) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Section 10 by mailing written notification to GENIUSQ at: Attn: Legal, 2085 Amherst Heights Drive, Unit 613, Burlington, Ontario L7P 5C2. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with GENIUSQ through arbitration. Your decision to opt-out of this Section 10 will have no adverse effect on your relationship with GENIUSQ. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or, if the Dispute qualifies, in small claims court.
10.5. Arbitration Procedures.
If this Section 10 applies and the Dispute is not resolved as provided in Section 10.3 (Pre-Arbitration Claim Resolution) above, either you or GENIUSQ may initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Section 10. The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Section 10 governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Platform, Products and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
10.6. Arbitration Award.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
10.7. Location of Arbitration.
You or GENIUSQ may initiate arbitration in either the City and County of Kent, Delaware or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing
address, GENIUSQ may transfer the arbitration to the City and County of Kent, Delaware in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
10.8. Payment of Arbitration Fees and Costs.
GENIUSQ will pay all arbitration filing fees and arbitrator’s costs and expenses as required under the rules upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, fees for attorneys and/or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with GENIUSQ as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.
10.9. Class Action Waiver.
Except as otherwise provided in this Section 10, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and GENIUSQ specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Section 10, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Platform, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
10.10. Jury Waiver.
You understand and agree that, unless you opt out of this Section 10 as specified above, you and GENIUSQ are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Section 10, you and GENIUSQ might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
10.11. Severability.
If any clause within this Section 10 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 10, and the remainder of this Section 10 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 10 will be unenforceable, and the Dispute will be decided by a court.
10.12. Continuation.
This Section 10 shall survive the termination of your service with GENIUSQ or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if GENIUSQ makes any change to this Section 10 (other than a change to the Notice Address), you may reject any such change and require GENIUSQ to adhere to the language in this Section 10 if a dispute between us arises.
11. AGGREGATE DATA.
You agree that GENIUSQ may obtain and aggregate technical data, metadata, energy usage data, and other data about your use of the Platform and Products on a de-identified or anonymized basis (“Aggregate Data”), and that GENIUSQ may use the Aggregated Data in accordance with applicable law, including to analyze, develop, improve, support, and operate the Platform and Products provided to you or other unrelated customers, during and after the term of these Terms, including to generate or publish benchmarks, guidance, recommendations, or similar reports.
12. GENERAL.
GENIUSQ prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by GENIUSQ in its sole discretion, may
result in immediate termination of your access to the Platform without prior notice to you. The Federal Arbitration Act, Delaware state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Platform will be heard in the courts located in the City and County of Kent in the State of Delaware. GENIUSQ’s failure to enforce any of these Terms is not a waiver of such term. If you are an Owner or Authorized User, or if you are using or visiting the Website and are not an Owner or Authorized User, then these Terms are the entire agreement between you and GENIUSQ and supersede all prior or contemporaneous negotiations, discussions or agreements between you and GENIUSQ about the Platform, Products and Materials. If you are an Installer, then in the event of a conflict between these Terms and an authorized installer agreement between you and GENIUSQ, the terms of the authorized installer agreement will control. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “including” and “include” mean “including without limitation” and “include without limitation,” respectively. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without GENIUSQ’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. GENIUSQ may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
CONTACT US.
If you have any questions about these Terms or otherwise need to contact GENIUSQ for any reason, you can reach us at support@GENIUSQ.io.
Effective Date: June 1, 2022
GENIUS Panel Limited Warranty
WHAT PRODUCTS ARE COVERED
To be entitled to the benefits of this limited warranty (this “Limited Warranty”), your GENIUS Panel must: (1) be purchased from GENIUS or a GENIUS authorized reseller; (2) be installed by a GENIUS Authorized Installer in the United States of America, Puerto Rico or Canada; and (3) have the following part numbers: CESNA10-xx or KSINA10-xx or GQNA10-xx where “xx” is any alphanumeric style code used for GENIUS internal reference. As used herein, the term “GENIUS Authorized Installer” means a person or entity in the business of installing electrical equipment (such as solar photovoltaic or energy storage systems), has an electrical license as required by all applicable laws, rules, regulations and ordinance of local governmental authorities having jurisdiction over the original address of installation (the “Original Address”), has completed GENIUS-approved training, and meets and maintains GENIUS Authorized Installer program requirements.
WHO CAN MAKE A CLAIM
Limited Warranty claims can only be made by or on the behalf of the original purchaser who purchased the GENIUS Panel or other subsequent transferee of the GENIUS Panel at the Original Address who provides proof of ownership of such GENIUS Panel.
WHAT IS COVERED AND FOR HOW LONG
Subject to the terms and conditions set forth in this Limited Warranty, each GENIUS Panel shall be free from defects in materials and manufacturing workmanship for a period of ten (10) years commencing on the day that the GENIUS Panel is installed at the Original Address (the “Warranty Term”). The Warranty Term is not extended if your GENIUS Panel is repaired or replaced under this Limited Warranty; only the remainder of the original Warranty Term will apply to the repaired or replacement GENIUS Panel.
YOUR SOLE REMEDY
If GENIUSQ confirms the existence of a defect that is covered by this Limited Warranty, GENIUSQ will, in its sole discretion, either repair your GENIUS Panel (using new or refurbished parts), replace your GENIUS Panel with an equivalent product (new or refurbished), or refund you the market price of the GENIUS Panel at the time of the warranty claim. For warranty replacements, GENIUS will cover the actual costs of labor and dispatch of service personnel to complete the replacement, up to a maximum amount of $500.
Making a Warranty Claim
If you need to file a claim under this Limited Warranty, please contact the GENIUSQ Authorized Installer who installed your GENIUS Panel. If you are unable to contact your GENIUS Authorized Installer, please submit a service request by contacting GENIUSQ Support using the contact information set forth at the end of this document.
For a Limited Warranty claim to be processed, it must include (i) proof of ownership of your GENIUS Panel; (ii) a description of the alleged defect(s); and (iii) your GENIUS Panel’s original installation date, part number and serial number.
Prior to returning any products, you must obtain a return authorization number from GENIUSQ. Return shipping for the original product is the responsibility of the end user or GENIUS Authorized Installer, and all returned products must be securely wrapped and packaged as directed or instructed by GENIUS to avoid shipping damage.
DISCLAIMER OF WARRANTIES
THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY GENIUS PROVIDES FOR THE GENIUS PANEL, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY. GENIUSQ LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR SUFFICIENCY FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE DURATION OF THIS EXPRESS WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENIUSQ SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE. GENIUSQ DOES NOT WARRANT THAT THE GENIUS PANEL WILL OPERATE UNINTERRUPTED, BE ERROR-FREE OR THAT ALL ERRORS CAN BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE GENIUSQ AUTHORIZED INSTALLER OR ANY GENIUS PERSONNEL SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
GENERAL EXCLUSIONS
This Limited Warranty does not apply to any defect or loss of product functionality resulting from any of the following: (i) abuse, misuse, improper handling, negligence, rust, or corrosion; (ii) accidents or force majeure events, including without limitation lightning, flood, earthquake, fire or other events beyond the reasonable control of GENIUSQ; (iii) installation, commissioning, or repair of your GENIUS Panel or GENIUS Panel components that is performed by anyone other than GENIUS or a GENIUS Authorized Installer; (iv) failure to service, maintain, or repair the electrical system connected to or landed in your GENIUS Panel according to the laws, standards, or requirements of the authority having jurisdiction; (v) failure to install, operate, service, maintain, or repair your GENIUS Panel in accordance with the GENIUS Panel Owner’s Manual, GENIUS Panel Installation Manual, GENIUS Panel Datasheet, and any other instructions, documentation, or notices provided or made available by GENIUS, including through the GENIUS Tech Portal (available at techportal.GENIUS.io) or on the GENIUS Panel itself (collectively, the “Documentation”); (vi) installation of your GENIUS Panel other than in accordance with all applicable local electrical, fire, and building codes and regulations; (vii) any attempt to modify or modification of your GENIUS Panel, whether by physical means, programming or otherwise, without the express written consent of GENIUSQ; (viii) removal and reinstallation of your GENIUS Panel at a location other than the Original Address without the express written consent of GENIUSQ; (ix) installation of your GENIUS Panel on a mobile structure or dwelling such as an RV or mobile home; (x) failure of any remote firmware update to the GENIUS Panel as a result of a failure of your internet connection; (xi) causes external to your GENIUS Panel including without limitation objects striking your GENIUS Panel, faulty or damaged electrical wiring or connections, external electrical faults, circuit breakers or junction boxes; (xii) any damage done to your GENIUS Panel by any components or parts not compatible with your GENIUS Panel; (xiii) failure to contact GENIUS upon discovery of a defect covered by this Limited Warranty; or (xiv) use of your GENIUS Panel for commercial purposes.
Without limiting the foregoing, this Limited Warranty does not cover (a) normal wear and tear of your GENIUS Panel; (b) superficial defects, dents or marks that do not impact the performance of your GENIUS Panel; or (c) theft of your GENIUS Panel or any of its components.
If a claim is made under this Limited Warranty and GENIUSQ or a GENIUS Authorized Installer determines that the claim is not covered by this Limited Warranty, you will be liable for and shall pay for all field charges for labor or other expenses incurred in connection with such claim.
EXCLUSION FOR FAILURE TO CONNECT TO THE INTERNET OR FAILURE TO COMMISSION YOUR GENIUS PANEL
In order to provide this Limited Warranty for the Warranty Term, GENIUSQ requires the ability to remotely update the firmware of your GENIUS Panel. Installation of these remote updates may briefly interrupt the operation of your
GENIUS Panel. By installing your GENIUS Panel and connecting it to the internet, you consent to GENIUS updating your GENIUS Panel remotely on occasion without further notice to you. If your GENIUS Panel is not connected to the internet for an extended period, or has not been commissioned with GENIUS in accordance with the Documentation, including the creation of your account in the GENIUS app, then we may not be able to provide important remote firmware updates to ensure best functionality. GENIUS may try to notify you when your GENIUS Panel’s internet connection is lost. However, if you have not registered your GENIUS Panel or created an account as aforesaid, this may not be possible. If GENIUSQ cannot honor this Limited Warranty for the Warranty Term because the GENIUS Panel is not connected to the internet for an extended period, has not been commissioned with GENIUSQ, or has not had a homeowner account created for it in the GENIUS app, then we will still honor this Limited Warranty for a period of four (4) years commencing on the day that the GENIUS Panel is installed to the Original Address, subject to the limitations and exclusions set out in this Limited Warranty.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENIUS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY, INCLUDING, BUT NOT LIMITED TO, LOSS OF VEHICLE VALUE, LOSS OF TIME, LOSS OF INCOME, LOSS OF USE, LOSS OF PERSONAL OR COMMERCIAL PROPERTY, REGARDLESS OF WHETHER CLAIMS FOR SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OR OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. GENIUS’S LIABILITY ARISING OUT OF A CLAIM UNDER THIS LIMITED WARRANTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR GENIUS PANEL (EXCLUDING LABOR AND OTHER COSTS OF INSTALLATION).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF USE
YOUR GENIUS PANEL IS NOT INTENDED FOR USE WITH LIFE-SUPPORT SYSTEMS, OTHER MEDICAL EQUIPMENT, OR ANY OTHER USE WHERE PRODUCT FAILURE OR REMOTE SWITCHING OF ELECTRICAL CIRCUITS COULD LEAD TO INJURY TO PERSONS OR LOSS OF LIFE. GENIUSQ DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANY SUCH USE OF YOUR GENIUS PANEL.
APPLICABLE LAW
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State or Province to Province. The terms of this Limited Warranty will apply to the extent permitted by applicable law.
GENIUS Contact Details
If you have any questions regarding this Limited Warranty or would like to submit a claim, please contact our customer support team using one of the following methods: