Terms Of Service

These Terms & Conditions govern your use of this Site and Products and Services. These Terms & Conditions give you specific legal rights, and you may also have other legal rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms & Conditions may not apply to you.

 

THIS IS A LEGAL AGREEMENT. BY PURCHASING SigmaOx PRODUCTS, SERVICES AND/OR USING THE SITE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD DISCONNECT FROM THIS WEBPAGE AND CEASE USING IT AND/OR YOU SHOULD STOP USING SigmaOx PRODUCTS AND SERVICES.

 

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 SigmaOx or visiting the Site. Every time you order SigmaOx Products or Services or visit the Site, the Terms & Conditions in force at that time will apply between you and SigmaOx. If you have any questions regarding these Terms & Conditions, you can contact SigmaOx as provided herein.

 

Although our Site is accessible worldwide, SigmaOx is designed and tested only for use in the United States. If you choose to install and use SigmaOx Products and services outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. To the extent permissible by law, SigmaOx accepts no responsibility or liability for any damage or loss caused by your installation and use of SigmaOx outside the United States.

 

Limitations of Software. SigmaOx does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Product or Software or any feature of them. Actual energy savings and monetary benefits vary with factors beyond SigmaOx’ control or knowledge.

 

Account. To use the Service, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any U.S. 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). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.

 

Access and Use of the Service. Subject to these Terms & Conditions, SigmaOx grants you a non-exclusive, right (without the right to sublicense) to access and use the Service by using the applications available on https://sigmaox.com in connection with controlling and monitoring the Product. The Service includes materials that may be provided by SigmaOx or by third party licensors which are displayed or performed on the Service, including, but not limited to, text, graphics, articles, photographs, video, images, and illustrations.

 

SigmaOx Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in SigmaOx are owned by SigmaOx or our licensors. Your possession, access, and use of the Product, Software, and Service do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. SigmaOx and its licensors reserve all rights not granted in these

 

Feedback. You may choose to, or SigmaOx may invite you to submit comments, suggestions, or ideas about the Product or Service, including how to improve SigmaOx (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place SigmaOx under any fiduciary or other obligation. SigmaOx may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that SigmaOx does not waive any rights to use similar or related ideas previously known to SigmaOx, developed by its employees, or obtained from other sources. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your Feedback (including all related intellectual property rights) solely in connection SigmaOx.

 

Customer Data. All data generated from SigmaOx relating to your electrical use is yours (“Customer Data”). SigmaOx’ sole use of such Customer Data shall be in connection with the performance of SigmaOx and the provision of the Service to you. SigmaOx may use the Customer Data for its internal business purposes and in connection with development and improvement of SigmaOx. Please review the Privacy Policy for more information relating to SigmaOx’ practices regarding the Customer Data that SigmaOx may collect from users of SigmaOx and how we will use that data.

 

Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Product and Service. You agree that you (and not SigmaOx) are responsible for ensuring that you comply with any applicable laws when you use the Product and Service.

 

Certain Restrictions. The rights granted to you in these Terms & Conditions are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, distribute, host, or otherwise commercially exploit the Service; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (iii) you agree not to access the Service in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Service or the Software; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Service or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by SigmaOx; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service. Any future release, update, or other addition to functionality of the Service shall be subject to these Terms & Conditions.

 

Security. SigmaOx uses industry best practices to ensure the integrity and security of your personal information. However, SigmaOx cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

Modification. SigmaOx reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that SigmaOx will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.

 

Intended Use of Service. The Service is intended to be accessed and used for non-time-critical information relating to the Product. While we aim for the Service to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The Service is subject to sporadic interruptions and failures for a variety of reasons beyond SigmaOx’ control, including Internet connectivity, Wi-Fi intermittency and availability, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that SigmaOx is not responsible for any damages allegedly caused by the failure or delay of the Service to reflect current status or notifications.

 

Reliability of Information. You acknowledge that the Service, including remote access and information, is not intended to be 100% reliable and 100% available. We cannot and do not guarantee that you will receive information in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. INFORMATION FROM SigmaOx / SigmaOx IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY – IT IS NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM.

 

Temporary Suspension. The Service may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. SigmaOx does not offer any specific uptime guarantee for the Service.

 

Energy Savings and other Benefits. SigmaOx does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Product or Service or any feature thereof. Actual energy savings and monetary benefits vary with factors beyond SigmaOx’ control or knowledge. You acknowledge that these recommendations are not a guarantee of actual savings, and you agree not to seek monetary or other remedies from SigmaOx if your savings differ.

 

General. The Service relies on or interoperates with third party products. These third party products and services are beyond SigmaOx’ control, but their operation may impact or be impacted by the use and reliability of the Service.

 

Third Party Service Providers Used By SigmaOx. You acknowledge that SigmaOx uses third party service providers to enable some aspects of the Service – such as, for example, data storage, synchronization, and communication through Amazon Web Services, Azure and mobile device notifications through mobile operating system vendors and mobile carriers.

 

Equipment, ISP, and Carrier. You acknowledge that the availability of the Service is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Service. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

 

Payment. By providing a credit card or other payment method accepted by SigmaOx, 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 cancelled. You must resolve any problem we encounter in order to proceed with your order.

 

Availability and Pricing. SigmaOx is 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 SigmaOx without prior notice. Prices for SigmaOx are subject to change at any time, but changes will not affect any order for SigmaOx you have already placed.

 

Title Transfer. Purchases are intended for end users only. Title to the Hardware passes to the purchaser at the time of delivery by SigmaOx to the freight carrier. Prices for SigmaOx do not include shipping costs. Our delivery charges and methods are as described on our Site from time to time.

 

Order Information. By placing an order for SigmaOx, you agree and understand that SigmaOx may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. SigmaOx shall protect your information in accordance with its Privacy Policy. SigmaOx works with other companies that help SigmaOx provide SigmaOx to you, such as freight carriers and credit card processing companies, and SigmaOx may have to share certain information with these companies for this purpose.

 

Installation. There may be laws in the jurisdiction in which you install the Product applicable to where and how to install the Product. You should check that you are in compliance with all relevant laws and codes in your jurisdiction. SigmaOx is not responsible for any injury or damage caused by installation.UNLESS YOU ARE A LICENSED ELECTRICIAN YOU SHOULD NOT ATTEMPT TO INSTALL THE PRODUCTS. ONLY A LICENSED ELECTRICIAN SHOULD INSTALL THE PRODUCT. ELECTRICUTION, INCLUDING PERSONAL INJURY OR DEATH, AND DAMAGE OR DESTRUCTION OF PROPERTY COULD OCCUR IF THE PRODUCT IS INCORRECTLY INSTALLED.

 

SigmaOx is connected to dangerous voltages. Improper use or installation can be dangerous or even fatal. Please make sure that the installation is done by a qualified professional, and that you follow these guidelines for installation and use: (i) Have the installation done by a qualified electrician, according to local electrical codes. (ii) Do not try to open SigmaOx devices, touch any internal parts, or try to repair it without first contacting SigmaOx support.(iii)  Use the SigmaOx products and services only in the United States, and only within the voltages described in the datasheet 5) Install SigmaOx products where it will not be exposed to direct sunlight or extremely low or high temperatures. No exposure to water. Relative Humidity < 90%; Elevation < 3000 meters; Temperature 0 – 50C.

 

Compliance with Laws. SigmaOx is not intended for use outside of the United States. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.

 

EXCEPT AS SPECIFICALLY SET FORTH HEREIN, SigmaOx, EXPRESSLY INCLUDING THE HARDWARE, SOFTWARE, SERVICE AND SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND SigmaOx AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. SigmaOx AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT SigmaOx: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR ELECTRICAL SYSTEM,  NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE OR PRODUCE SPECIFIC RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SigmaOxOR THOUGH SigmaOxSHALL CREATE ANY WARRANTY. WHEN YOU INSTALL, SETUP OR USE SigmaOx YOU MAY BE GIVEN THE OPPORTUNITY TO ALTER DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE DAMAGE OR LEAD TO NON-RECOMMENDED OPERATION OF YOUR CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR SUCH DAMAGE WHEN YOU CHOOSE PARTICULAR SETTINGS OR SET OR ADJUST DEFAULTS.

 

Indemnity. You agree to defend, indemnify and hold SigmaOx and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of SigmaOx, (ii) your violation of these Terms & Conditions, (iii) Feedback you provide; or (iv) your violation of any law or the rights of any third party. SigmaOx reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SigmaOx and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without SigmaOx’ prior written consent. SigmaOx will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 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)SigmaOx 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 SigmaOx, EVEN IF SigmaOx KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SigmaOx’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO SigmaOx, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO SigmaOx FOR SigmaOx IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SigmaOx DISCLAIMS ALL LIABILITY OF ANY KIND OF SigmaOx’ LICENSORS AND SUPPLIERS.

 

Electronic Communications. You are communicating with SigmaOx electronically when you use our Site or send email to SigmaOx. 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 from our Site, we collect and store your email address. From that point forward, your email address is used to send you information about or related to SigmaOx’ products and services unless you opt-out of such emails using the opt-out link in the emails.

 

Notifications. SigmaOx 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 SigmaOx account, hard copy, or posting of such notice on the Site. SigmaOx is not responsible for any automatic filtering you or your network provider may apply to email notifications.

 

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.

 

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.

 

Waiver. Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

 

Successors and Assigns. This Agreement is binding upon each party’s respective successors and assigns.

 

Governing Law and Jurisdiction. These Terms & Conditions are governed by the laws of the State of North Carolina 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 Chatham County, North Carolina for the purpose of litigating all such claims or disputes.

Privacy Policy

SigmaOx LLC (“SigmaOx”) has a strong commitment to providing excellent service to all of our customers and visitors of this web site, respecting your concerns about privacy. For this reason, SigmaOx has prepared this privacy statement (“Privacy Statement”). If you would like to contact us regarding this Privacy Statement, please send us an email to [email protected].

 

Browsing this Web Site

Visitors who browse this web site do so on an anonymous basis.

If you do nothing during your visit but browse through this web site, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store only the following information about your visit:

1. The Internet domain (for example, “xcompany.com” if you use a private Internet access account) and IP address (an IP address is a number that is automatically assigned to your computer whenever you access the Internet) from which you access this web site;
2. The type of browser and operating system used to access this web site;
3. The date and time of access;
4. The particular web pages accessed; and
5. If you linked to this web site from another website, the address of that other web site.

We use this information to help us make our web site more useful to visitors, to learn about the number of visitors to our web site and the types of technology our visitors use. We do not track or record information about individuals and their visits without their consent. This means that, unless you voluntarily and knowingly provide us with personal information, SigmaOx will not know your identity, your e-mail address, or any other information personally identifiable to you.

 

Employment

If you choose to apply for employment online, you will be required to provide us certain personal information, such as your name, street address, telephone number and e-mail address. Any such information we receive will not be used for any other purpose.

 

Children’s Privacy

This web site is not intended for children and we do not knowingly solicit or collect personally identifiable information from children.

 

Securing Your Information

The SigmaOx Companies treat the information you provide to us as confidential information. We use the same methods and procedures to protect such confidential information as we do to protect our own confidential information. If you submit information to the SigmaOx Companies through this web site or by e-mail, such information is stored on a secure server that resides behind firewalls designed to block unauthorized access from third parties. Because laws applicable to personal information vary by country, our affiliates may have additional measures that vary depending on the applicable legal requirements. Information collected on this web site is covered by this Privacy Statement.

 

Disclosure of Information to Third Parties

As mentioned previously, from time to time the SigmaOx Companies may use the services of third parties, which provide services on behalf of the SigmaOx Companies. In such event, such parties are contractually prohibited from using personally identifiable information for any purpose other than for the specific purpose for which they were engaged by us. We prohibit the sale or transfer of personally identifiable information to any person or entity other than the SigmaOx Companies and our third party service providers, without your approval.

 

Use of Cookies

This web site makes only limited use of “cookie” technology. “Cookies” are pieces of electronic information (specifically, a string of text) that your browser and your operating system store on your hard drive for record-keeping purposes. Cookies can store a user’s ID and password, personalize home pages, identify which parts of a site have been visited or keep track of previous selections or purchases. Cookies can enhance the user’s visit, and the use of cookies has become an industry standard, used by most major commercial websites. Such cookies expire automatically after one year, but you may manually delete cookies earlier. These cookies transmit no information about you or your computer back to SigmaOx. If you do not wish to receive these cookies, you may set your browser to reject the cookies, although doing so may affect your ability to perform certain transactions on our web site. You should consult the instructions for your particular browser to determine how to delete cookies, whether your browser is able to turn off cookies, and the procedures for doing so.

 

Opt-Out

Periodically, the SigmaOx Companies may send you information regarding products or services through direct mailings or e-mails. It is our intention to only send you communications that you want to receive. At any time, you may notify us that you want to “opt-out” and not receive any such tangible or electronic communications by providing your name, postal and e-mail addresses to us at [email protected] , and in any event clearly stating in your communication that you wish to “opt-out” from receiving such information. In addition, if you subscribe for any SigmaOx e-mail newsletter you will find instructions on how to unsubscribe at the bottom of such newsletters. Otherwise, we may periodically contact you via e-mail and provide information about our special offers and promotions that may be of interest to you. Every time you receive an e-mail from us about special offers or promotions you will be provided the choice to opt-out of future e-mails. Please note that even if you opt-out of receiving future marketing materials from the SigmaOx Companies, we are still permitted to contact you for business related purposes.

 

External Web Sites

SigmaOx is only responsible for the privacy policies of this web site. The privacy practices of third party web sites are not covered by this Privacy Statement and SigmaOx is not responsible for the privacy practices or content of other third party web sites, without limitation their use of cookies, spyware or similar concerns.

 

Legal

This is a United States web site and is subject to laws of the United States. SigmaOx will disclose personally identifiable information without your permission when required by law, or as otherwise provided in the “Legal Terms of Use” governing this web site. As mentioned previously, laws related to personally identifiable information vary by jurisdiction.

 

Changes to this Privacy Statement

From time to time this Privacy Statement may be changed by SigmaOx, without notice. However, any such changes will be promptly reflected on this web site, so that you will always know what information we collect, how we might use such information and whether we will disclose such information to any person or entity other than the SigmaOx Companies.