Terms and Conditions of Service for Beatbox®
1. Agreement
369 Labs Pty Ltd ABN 89 640 004 628 (369Labs) is the engineer and supplier of the Beatbox® energy management system, including Emberpulse®, Beatbox® and MLC hardware, and the Beatbox® analytics platform (together, the Beatbox® System).
These Terms and Conditions govern your use of the Beatbox® System. By using or continuing to use the Beatbox® System, you agree to be bound by these Terms and Conditions.
2. Permitted Use
You are granted a limited, personal, non-sublicensable, non-transferable and non-exclusive licence to use the Beatbox® System software solely for your personal use and in accordance with any accompanying documentation.
You shall not, nor permit anyone else to, directly or indirectly:
(i) copy, modify or distribute the Beatbox® System software, except to the extent expressly permitted by applicable law or by written documentation provided by 369Labs;
(ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code, structure, sequence or organisation of 369Labs’ System software or the Beatbox® System software or hardware, except to the extent expressly permitted by applicable law; or
(iii) rent, lease or use the Beatbox® System for time-sharing or service bureau purposes, or otherwise use the Beatbox® System on behalf of any third party.
3. Privacy
Your use of the Beatbox® System is subject to our Privacy Policy, available on the 369Labs website at https://369labs.com.au/privacy-policy. The Privacy Policy forms part of these Terms and Conditions.
We may collect and hold personal information about you and your use of the Beatbox® System, as specified in our Privacy Policy (Personal Information).
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 Beatbox® System.
Title, ownership rights and intellectual property rights in and to the Beatbox® System, including its software and hardware, and any copies or portions thereof, shall remain with 369Labs. The Beatbox® System is protected by domestic and international copyright laws, as well as granted and pending patents.
Trademarks applied to the Beatbox® System are the property of 369Labs or their respective owners. No rights to these trademarks are granted to you by these Terms and Conditions or through your use of the Beatbox® System.
You agree and acknowledge that you must not license or permit a third party to use any intellectual property rights owned or licensed by 369Labs or subsisting in the Beatbox® System, including, without limitation, any names, logos, trademarks, designs and patents, whether registered or unregistered.
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 Beatbox® System software “as is” and disclaims all warranties and conditions, whether express, implied or statutory, including 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 Beatbox® System. 369Labs makes no warranty that the Beatbox® System software will be uninterrupted, free from viruses or other harmful code, timely, secure or error-free.
You use the Beatbox® 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 loss, liability or damage, including damage to your appliances, home, products, computer, mobile device and any other items in your home, resulting from your use of the Beatbox® 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 damages for lost data or lost profits, arising from or relating to the Beatbox® System.
369Labs’ total cumulative liability arising from or relating to the Beatbox® System, whether in contract, tort or otherwise, shall not exceed the fees actually paid by you to 369Labs or an authorised reseller of 369Labs for the Beatbox® System during the preceding 12 months, if any.
This limitation is cumulative and will not be increased by the existence of more than one incident or claim.
7. Limitations of the Beatbox® System
369Labs does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of the Beatbox® System.
Actual energy savings and monetary benefits vary due to factors beyond 369Labs’ control or knowledge. You agree not to seek monetary or other remedies from 369Labs merely because your savings or benefits differ from any estimate, projection or expectation.
8. Further Information and Enquiries
If you require further information, have any feedback, complaints or enquiries, or wish to opt out of receiving marketing information, please contact us by email at support@369labs.com.au.