Terms and Conditions of Service for Emberpulse®
369 Labs Pty Ltd ACN 640 004 628 (369Labs) is the engineer and supplier of the Emberpulse® energy management hardware and Pulse® analytics platform (Emberpulse® System). These Terms and Conditions govern your use of the Emberpulse® System. By creating an account on the Emberpulse® web portal or by using or continuing to use the Emberpulse® System you agree to be bound by these Terms and Conditions.
2. Permitted Use
You are granted a limited, personal, non-sub-licensable, non-transferable, non-exclusive license to use the Emberpulse® System software only for your personal use and only in accordance with any documentation that accompanies it.
You shall not, nor permit anyone else to, directly or indirectly:
(i) copy (except for up to two backup copies), modify, or distribute the Emberpulse® System software;
(ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of the 369Labs' System software or of the Emberpulse® System hardware; or
(iii) rent, lease, or use the Emberpulse® System for timesharing or service bureau purposes, or otherwise use the Emberpulse® System on behalf of any third party.
You consent to 369Labs sharing your Personal Information with the following third parties:
(i) your current energy service provider;
(ii) installers or resellers of 369Labs' products; or
(iii) any other provider, supplier or installer of solar or energy related products or services provided to you.
4. Intellectual Property Rights
You agree not to remove or obscure any copyright or other proprietary notices or trademarks on the Emberpulse® System. Title, ownership rights, and intellectual property rights in and to the Emberpulse® System (including the software and hardware), and any copies or portions thereof, shall remain with 369 Labs. The Emberpulse® System is protected by domestic and international copyright laws. The Emberpulse® System is protected by granted and pending patents. Trademarks applied to the Emberpulse® System are the property of 369Labs or their respective owners and no rights to these trademarks are granted to you by these Terms and Conditions or by your use of the Emberpulse® System. You agree and acknowledge that you must not license or permit the use by a third party of any intellectual property rights owned or licensed by 369Labs or subsisting in the Emberpulse® System (including without limitation any names, logos, trade marks, designs and patents), whether in a registrable form or not.
5. Software Warranty Disclaimer
Nothing in this document excludes or attempts to exclude any statutory warranty that cannot be excluded under law.
To the maximum extent permitted by law, 369Labs provides the Emberpulse® System software “as-is” and disclaims all warranties and conditions, whether express, implied, or statutory, including the warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement of third-party rights. 369Labs does not guarantee any specific results from the use of the Emberpulse® System. 369Labs makes no warranty that the Emberpulse® System software will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free.
You use the Emberpulse® System at your own discretion and risk. You will be solely responsible for (and to the maximum extent permitted by law, 369Labs disclaims any responsibility for) any and all loss, liability, or damages, including to your appliances, home, product, computer, mobile device, and all other items in your home, resulting from your use of the Emberpulse® System.
6. Limitation of Liability
Nothing in this document excludes or attempts to exclude liability that cannot be excluded under law.
To the maximum extent permitted by law, in no event will 369Labs be liable for any consequential, exemplary, special, or incidental damages, including any damages for lost data or lost profits, arising from or relating to the Emberpulse® System.
369Labs' total cumulative liability arising from or related to the Emberpulse® System, whether in contract or tort or otherwise, shall not exceed the fees actually paid by you to 369Labs or 369Labs' authorised reseller for the Emberpulse® System in the prior 12 months (if any). This limitation is cumulative and will not be increased by the existence of more than one incident or claim.
7. $500 Emberpulse® System Saving Guarantee
Emberpulse® System is guaranteed to find you at least $500 in energy savings within the first 3 years of use. When Emberpulse® together with the Pulse® analytics platform identifies a saving opportunity, this recommendation will be sent to you.
Some examples of savings include identifying a better energy plan, diagnosing inefficiencies in and better use of your solar system and automating your energy usage. Other saving opportunities may be recommended to you.
Each recommendation sent to you by the Emberpulse® System will include our scientific estimate of the financial saving which will be made when the recommendation is implemented and this will be based on your current energy data and your projected energy data over a future period appropriate to the type of saving opportunity being recommended. If, in the three (3) year period following installation of your Emberpulse® (the guarantee period), the total value of all saving opportunities recommended to you does not equal or exceed $500.00, you may return the Emberpulse unit to us and we will pay you, in cash, any amount by which your identified savings fall short of $500.00.
The saving estimate will be made by us based on the best available household energy data collected by the Emberpulse® and other third party databases. Calculation methodologies for the saving estimates are compiled by 369Labs engineers and experienced data scientists and supported by your energy data and third party databases. All saving estimates, algorithms and calculations are developed with solid scientific and data based assumptions. The calculation methodologies, data and assumptions used to determine the saving estimate will be at the discretion of 369Labs.
The value of all saving opportunity recommendations will be added to the total of all saving opportunities as determined by 369Labs using data backed scientific algorithms developed by 369Labs' team of engineers. Implementation of the actions needed to implement the saving opportunity will be at your discretion, except in cases where you have previously given permission for us to implement the recommendation, in which case we may implement such recommendations for you. Your implementation or otherwise of the saving opportunity will not affect the total of all saving opportunities used to determine that the savings guarantee has been met.
Payments made by us to you under the Solar Sentinel protection guarantee will be included in the total of savings found by the Emberpulse® System.
This Emberpulse® saving guarantee does not apply to Emberpulse® installations in the Northern Territory or Western Australia.
This Emberpulse® saving guarantee will not apply if you do not enter into Emberpulse® details of your energy plan tariffs, including any controlled load tariff, or if you don’t keep those details up to date. The Emberpulse® energy savings guarantee is only available for households who do not have a battery installed as part of their home energy system. During the 3 year period, should a battery be installed the $500 guarantee will no longer apply.
In order for Emberpulse® to work for you, Emberpulse® needs to be powered on, and connected to Wi-Fi with an internet connection. This Emberpulse® saving guarantee will not apply if these conditions were not met for a significant portion of the guarantee period.
This Emberpulse® saving guarantee will not apply if, at any time during the guarantee period, you have the benefit of an energy plan which is not available to the general public, for example a staff discount provided by an energy retailer.
This Emberpulse® saving guarantee applies only to the original purchaser and the first installation of Emberpulse®. The guarantee will cease to apply if Emberpulse® is installed in premises other than the original installation premises. A claim under this Emberpulse® saving guarantee can be made by contacting us within three months of the end of the three year guarantee period. A claim will require the return of your functioning, undamaged Emberpulse® hardware to us.
8. Solar Sentinel Protection Guarantee
Emberpulse® monitors your solar system’s health constantly. If you do have a system outage, Emberpulse® is guaranteed to notify you. If we don’t, we'll pay your lost solar earnings. We call this our Solar Sentinel protection guarantee.
We guarantee to notify you if your solar system suffers a failure causing a total outage of the solar generation monitored by Emberpulse® at your premises for one calendar day. If we fail to notify you of such a total solar system outage within 4 hours, we will compensate you for your lost solar generation value. The period for which we will compensate you for lost solar generation value is defined as the period between the outage being detectable (that is, once the solar system has been failed for all the daylight hours of one day) and the time of your subsequent Emberpulse® outage notification or your discovery of the outage by other means, whichever is earlier. Outages detected by other means must be validated by 369Labs for the Solar Sentinel protection guarantee to apply
The compensation will be calculated by multiplying together:
• your solar system’s average daily kWh export*, multiplied by your feed in tariff
• your average daily kWh self-consumption of your solar system's generation*, multiplied by your consumption tariff
• your undetected outage days
(* calculated over the most recent continuous 7 day period for which Emberpulse® has recorded data)
We will send all notifications via email to the email address which you provide to us via the Emberpulse® portal, powered by the Pulse® analytics platform. Notification of the outage will be considered to be given when we send the email.
To be eligible for the guarantee your Emberpulse® must have been connected to your solar system by a party authorised by 369 Labs Pty Ltd. Your Emberpulse® must have been powered on and connected to Wi-Fi with an internet connection for the entire duration of the outage, and the preceding 48 hours. The guarantee does not apply to any lost solar generation value caused by a failure of, or fault in, the grid supply to your property. This guarantee relates only to solar panel system generation value and excludes solar storage (battery) components. This guarantee is limited to $250 per customer, per year.
9. Best Energy Plan
Emberpulse® and Pulse® analytics constantly assess the electricity usage of your home against electricity plans available.
10. Smart Home Control
Smart home control functionality may require additional equipment. Emberpulse® is compatible with a range of ZigBee and Wi-Fi enabled devices. This equipment is available for purchase at emberpulse.com
11. Limitations of the Emberpulse® System
369Labs does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Emberpulse® System beyond those guarantees included in these Terms and Conditions. Actual energy savings and monetary benefits vary with factors beyond 369Labs' control or knowledge, and you agree not to seek monetary or any other remedies, beyond those included in these Terms and Conditions, from 369Labs, if your savings differ.
12. Further Information and Enquiries
If you require further information, or have any feedback, complaints or enquiries, or if you wish to opt out of receiving marketing information, please contact us by email at firstname.lastname@example.org.