• Your ResponsibilitiesYou're responsible for your conduct. We may review your use of our Services for compliance with these Terms. With that said, we have no obligation to do so. You may use our Services only as permitted by applicable law, including export control laws and regulations.
• Organization UseIf you use our Services in connection with an organization, such as your employer, you must use it in compliance with your organization's terms and policies. Please note that your use of our Services will be subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information about your use of our Services. They are also able to restrict or terminate your access to our Services.
• Intellectual Property So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Imageous Apps and Sites, solely to access the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. The Services are protected by copyright, trademark, and other U.S. laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Imageous trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
• Copyright Protection

  We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that anything on the Site infringes on a copyright that you own or control you may file a notification of such infringement by emailing legal@Imageous.io.
• Spam

  If you believe that you are being contacted inappropriately or illegally through or because of our Services, please contact us at legal@Imageous.io.
• Termination

  You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if (a) you're in breach of these Terms, or (b) in our sole discretion at any time. Please keep in mind that if you stop using our Services but you use our Services as part of an organization and your organization continues to use our Services, we may continue to collect information about you and your work environment from your organization in compliance with our Privacy Policy.
• Energy Savings and Other BenefitsImageous does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Services or any feature thereof. Actual energy savings and monetary benefits vary depending on factors beyond Imageous’s control or knowledge. From time to time, Imageous may use the Services to provide you with information that is unique to you and your energy usage and suggest an opportunity to save money on energy bills if you adopt suggestions or features of the Services. We do this to highlight an opportunity based on our analysis and information about you and your usage. You acknowledge that these promotions are not a guarantee of actual savings and you agree not to seek monetary or other remedies from Imageous if your savings differ.
• Reliability of InformationAll information publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom (or from whose account) such Content originated and Imageous will not be liable for any errors or omissions in any Content. Imageous cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. In addition, we cannot guarantee the authenticity of any data that users may provide. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
• Limitations of Imageous Services Due to Third PartiesSome Imageous Services rely on or inter-operate with Third-Party Products. These Third-Party Products are beyond Imageous’s control, but their operation may impact on, or be impacted by, the use and reliability of the Services. You acknowledge and agree that when integrated with Third-Party Products: (i) the use and availability of the Services is dependent on Third-Party Products vendors, (ii) these Third-Party Products may not operate in a reliable manner 100% of the time and they may impact on the way that the Services operate, and (iii) Imageous is not responsible for damages and losses due to the operation of these Third-Party Products.
• System RequirementsThe Services will not be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with the Services; (ii) an Account; (iii) proper installation and use of Third-Party Products; and (iv) other system elements that may be specified by Imageous. 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 Services 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 Services.
• Services "AS IS"

  THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the extent permitted by law, we and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Imageous Parties”) disclaim all warranties, express or implied, with respect to the Services, content (including third party services) on or accessible through the Services, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, or arising from course of dealing, course of performance or usage in trade. Imageous does not represent or warrant that materials in the Services are accurate, complete, reliable, current or error-free. Imageous does not represent or warrant that the Services or its servers are free of viruses or other harmful components.
• Service Interruptions; no refund or rebateThe Services 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. Imageous does not offer any specific uptime guarantee for the Services.
• Limitation of Liability In no event shall the Imageous Parties be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services for (a) any special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising) or (b) damages in excess of (in the aggregate) US$100.
• Agreed UsageThe Services are intended to be accessed and used for non-time-critical information and control of Third-Party Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Imageous’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and operators, among others. You acknowledge these limitations and agree that Imageous is not responsible for any damages allegedly caused by the failure or delay of the Services.
• No Life Safety or Critical Uses of the ServicesYou acknowledge and agree that the Services, whether standing alone or when interfaced with Third-Party Products, are not certified for emergency response. Imageous makes no warranty or representation that use of the Services with any Third-Party Product will affect or increase any level of safety. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES.
• Waiver of SubrogationYou should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND THE APPLICABLE POLICY OR POLICIES OF INSURANCE YOU OBTAIN AND MAINTAIN, YOU RELEASE IMAGEOUS AND ITS LICENSORS AND SUPPLIERS FROM ALL LIABILITY FOR ANY LOSS,OCCURRENCE, EVENT OR CONDITION COVERED BY YOUR INSURANCE.

Miscellaneous

• Controlling law

  These Terms will be governed by the law of the state of Washington except for its conflicts of laws principles. Entire Agreement. These Terms constitute the entire agreement between you and Imageous with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Waiver, Severability. Imageous’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Assignment. You may not assign any of your rights under these Terms, and any such attempt will be void. Imageous may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Modifications. We may revise these Terms from time to time. If you don't agree to the updates we make, please stop using the Services. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.