Terms & Conditions
(“Reinvent Limited”) provides the PowerMonitorLive NTX home energy monitor for analysis of home electrical use. PowerMonitorLive NTX is composed of (1) hardware (“Hardware”) and software embedded in the hardware (“Software”), (together, “Product”), and (2) a PowerMonitorLive NTX user account and applications and services made available to you through mobile devices and/or our website ( http://PowerMonitorLive.com) (the “Site”) (collectively, the “Service”). Together the Product and Service are called “PowerMonitorLive NTX”.
These Terms & Conditions govern your purchase and use of PowerMonitorLive NTX and the Site.These Terms & Conditions give you specific legal rights, and you may also have other legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law.
THIS IS A LEGAL AGREEMENT. BY PURCHASING POWERMONITORLIVE NTX 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 TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD DISCONNECT POWERMONITORLIVE NTX AND CEASE USING IT AND/OR YOU SHOULD STOP USING THE SITE.
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 PowerMonitorLive.com or visiting the Site. Every time you order PowerMonitorLive NTX or visit the Site, the Terms & Conditions in force at that time will apply between you and Reinvent Limited. If you have any questions regarding these Terms & Conditions, you can contact Reinvent Limited as provided herein.
The Site is for retail sales to private consumers only. Please contact us at email@example.com if you wish to purchase wholesale supplies.
(a) Hardware Limited Warranty.
Reinvent Limited warrants that the hardware will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery following the original retail purchase (the “Hardware Warranty Period”). If the hardware fails to conform to this Hardware Limited Warranty during the Hardware Warranty Period, Reinvent Limited will, at its sole discretion, either (a) repair or replace any defective hardware or component; or (b) accept the return of the hardware and refund the money actually paid by the original purchaser for the hardware. Repair or replacement may be made with a new or refurbished product or components, at Reinvent Limited’ sole discretion. If the hardware or a component incorporated within it is no longer available, Reinvent Limited may, at Reinvent Limited’ sole discretion; replace the hardware with a similar product of similar or greater function.
(b) Hardware Warranty Conditions.
Before making a claim under this Hardware Limited Warranty, the owner of the hardware must (a) notify Reinvent Limited of the intention to claim by email to firstname.lastname@example.org during the Hardware Warranty Period and provide a description of the failure, and (b) comply with Reinvent Limited’ return shipping instructions. Reinvent Limited will have no warranty obligations with respect to returned hardware if it determines, in its reasonable discretion after examination of the returned hardware, that the hardware is an Ineligible Hardware (as defined below). Reinvent Limited will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Hardware, for which owner will bear all shipping costs.
(c) Hardware Warranty Exclusions.
This Hardware Limited Warranty does not cover the following (collectively “Ineligible Hardware”): hardware that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the Installation Guide or other instructions provided by Reinvent Limited; (c) abuse or misuse of the hardware; (d) breakdowns, fluctuations, or interruptions in electric power; or (e) acts of God, including, but not limited to, lightning, flood, tornado, earthquake, or hurricane. Reinvent Limited strongly recommends that you use only licensed electricians for installation. Unauthorized use of the hardware or software can impair the hardware’s performance and may invalidate this Hardware Limited Warranty.
“Software”, as defined above, refers to the software running on the Hardware. It does not refer to the mobile client application or the web application.
Subject to these Terms & Conditions, Reinvent Limited grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Software, in executable object code form only, solely on the Hardware that you own or control and solely for use in conjunction with the Product for your personal purposes.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party, (b) copy or use the Software for any purpose other than as permitted in Section 2(a), (c) use any portion of the Software on any device or computer other than the Hardware, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software, or (e) modify, make derivative works of, disassemble, reverse compile, reverse engineer, or unencrypt any part of the Software or communication protocols used by the Software and Service. You may not release the results of any performance or functional evaluation of any of the Software to any third party without prior written approval of Reinvent Limited for each such release.
(c) Software Updates.
Reinvent Limited may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Product. If you do not cease using the Product, you will receive Updates automatically. You acknowledge that you may be required to install product Updates to use the Product and the Software and you agree to promptly enable installation of any Updates provided. Your continued use of the Product is your agreement to the terms of this Section 2.
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Reinvent Limited and its licensors. Reinvent Limited and its licensors reserve all rights in and to the Software not expressly granted to you herein. The Software (and all copies thereof) is licensed to you, not sold to you, under this Section 2. There are no implied licenses herein. All suggestions or feedback provided by you to Reinvent Limited with respect to the Software shall be Reinvent Limited’s property. Reinvent Limited 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 Reinvent Limiteddoes not waive any rights to use similar or related ideas previously known to Reinvent Limited, developed by its employees, or obtained from other sources.
(e) Term and Termination.
The license granted hereunder is effective on the date you first purchase PowerMonitorLive NTX and shall continue for as long as you own PowerMonitorLive NTX , unless this license is terminated as provided herein. Reinvent Limited may terminate the license at any time if you fail to comply with any term(s) hereof. You may terminate the license effective immediately upon written notice to Reinvent Limited. Upon such termination, the license granted hereunder will terminate and you must stop all use of the Software.
(f) Limitations of Software.
Reinvent Limited 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 Reinvent Limited’ control or knowledge.
The Software is confidential information of Reinvent Limited. You shall use your best efforts to preserve and protect the confidentiality of the Software at all times.
To use the Service, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration signup 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. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that soccur under your Account.
(b) Access and Use of the Service.
Subject to these Terms & Conditions, Reinvent Limited grants you a non-exclusive, right without the right to sublicense) to access and use the Service by using the applications available on http://PowerMonitorLive.com/ in connection with monitoring the Product. The Service includes materials that may be provided by Reinvent Limited or by third party licensors whichare displayed or performed on the Service, including, but not limited to, text, graphics, articles, photographs, video, images, and illustrations.
(c) Ownership and Intellectual Property
(i) PowerMonitorLive Labs Property.
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in PowerMonitorLive NTX are owned by Reinvent Limited 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. Reinvent Limited and its licensors reserve all rights not granted in these Terms & Conditions.
You may choose to, or Reinvent Limited may invite you to submit comments, suggestions, or ideas about the Product or Service, including how to improve PowerMonitorLive NTX (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Reinvent Limited under any fiduciary or other obligation. Reinvent Limited 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 Reinvent Limited does not waive any rights to use similar or related ideas previously known to Reinvent Limited, 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 PowerMonitorLive NTX.
(iii) Customer Data.
(d) 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 Reinvent Limited; 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.
Reinvent Limited uses industry best practices to ensure the integrity and security of your personal information. However, Reinvent Limited 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.
Reinvent Limited reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Reinvent Limited will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
(g) Agreed Usage and Limitations Of Service
(i) 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 Reinvent Limited’ control, including Internet connectivity and availability, service provider uptime, mobile carriers, among others. You acknowledge these limitations and agree that Reinvent Limited is not responsible for any damages allegedly caused by the failure or delay of the Service to reflect current status.
(ii) 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 POWERMONITORLIVE NTX IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
(iii) 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. Reinvent Limited does not offer any specific uptime guarantee for the Service.
(iv) System Requirements.
The Service will not be accessible without: (i) a working cellular data-service by any of the GSM telecom networks in your home (ii) an Account; (iii) mobile clients such as a supported phone or tablet; (iv) other system elements that may be specified by Reinvent Limited. 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 Service may not work as described when the requirements and compatibility have not been met.
(v) Energy Savings and other Benefits.
Reinvent Limited 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 Reinvent Limited’s control or knowledge.
Reinvent Limited may ask you make monthly subscription payments to Reinvent Limited in order to provide you with email alerts containing information that is unique to you and/or your energy usage. You acknowledge that you may have to make monthly subscription payments to Reinvent Limited in order to receive emails alerts containing information or recommendations from PowerMonitorLive NTX. Reinvent Limited is not responsible for any automatic filtering you or your network provider may apply to email notifications.
(h) Limitations Of the Service Due to Third Parties.
The Service relies on or interoperates with third party products. These third party products and services are beyond Reinvent Limited’s control, but their operation may impact or be impacted by the use and reliability of the Service.
(ii) Third Party Service Providers Used By Reinvent Limited.
You acknowledge that Reinvent Limited uses third party service providers to enable some aspects of the Service – such as, for example, data storage, synchronization and communication through Web Services, and GSM mobile telecommunication operators
(iii) Equipment, ISP, and Carrier.
You acknowledge that the availability of the Service is dependent on (i) your computer, mobile device, home wiring, and other related equipment (“Equipment”), (ii) data network of the GSM mobile telecommunication operator used by the Product and (iii) your Internet service provider (“ISP”), and/or your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by GSM mobile telecommunication operators in connection with your use of the PowerMonitorLive NTX.
Unfortunately we can’t offer you a refund or exchange. We only replace items if they are defective or damaged. To be eligible for a replacement, your item must be unused and in the same condition that you received it. It must also be in the original packaging.To request a replacement, send a mail to email@example.com
5. Commercial Terms
By providing a credit card or other payment method accepted by Reinvent Limited, 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.
(b) Availability and Pricing.
PowerMonitorLive NTX 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 PowerMonitorLive NTX without prior notice. Prices for PowerMonitorLive NTX are subject to change at any time, but changes will not affect any order for PowerMonitorLive NTX you have already placed.
(c) Sales Tax.
Depending on the order, Reinvent Limited calculates and charges sales tax in accordance with applicable laws.
(d) Title Transfer.
Purchases are intended for end users only. Title to the Hardware passes to the purchaser at the time of delivery by Reinvent Limited to the freight carrier, but Reinvent Limitedand/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
(e) Shipping and Delivery.
Prices for PowerMonitorLive NTX will include shipping costs. Our estimated delivery period is as described in our registration email which is sent to the email address used for signup.
(f) Order Information.
6. Installation and Compliance with Laws.
Reinvent Limited is not responsible for any injury or damage caused by installation. UNLESS YOU ARE A LICENSED ELECTRICIAN YOU SHOULD NOT ATTEMPT TO INSTALL THE PRODUCT. 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.PowerMonitorLive NTX 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 the PowerMonitorLive NTX, touch any internal parts, or try to repair it without first contacting PowerMonitorLive NTX support. (iii) Install the PowerMonitorLive NTX 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.
7. Warranty Disclaimer.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, POWERMONITORLIVE, EXPRESSLY INCLUDING THE HARDWARE, SOFTWARE, SERVICE AND SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND REINVENT LIMITED 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. REINVENT LIMITED AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT POWERMONITORLIVE NTX : (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR ELECTRICAL SYSTEM, HOME 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 REINVENT LIMITED OR THOUGH POWERMONITORLIVE NTX SHALL CREATE ANY WARRANTY. WHEN YOU INSTALL, SETUP OR USE POWERMONITORLIVE 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.
PowerMonitorLive NTX provides you information regarding electricity in your home. All information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing electricity information through PowerMonitorLive is not a substitute for direct access of the information in the home.
You agree to defend, indemnify and hold Reinvent Limited 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 PowerMonitorLive, (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. Reinvent Limited reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Reinvent Limited and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Reinvent Limited’s prior written consent. Reinvent Limited will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. 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) REINVENT LIMITED 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 POWERMONITORLIVE, EVEN IF REINVENT LIMITED KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) REINVENT LIMITED’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO POWERMONITORLIVE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO REINVENT LIMITED FOR POWERMONITORLIVE 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. REINVENT LIMITED DISCLAIMS ALL LIABILITY OF ANY KIND OF REINVENT LIMITED’ LICENSORS AND SUPPLIERS.
10. Electronic Communications.
You are communicating with Reinvent Limited electronically when you use our Site or send email to Reinvent Limited. 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 Reinvent Limited’s products and services unless you opt-out of such emails using the opt-out link in the emails.
11. 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.
. 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.
The obligations in Sections 1(c), 2(b), (d), (e), (g), 3(c), (d), and 5 through 17 will survive any expiration or termination of these Terms & Conditions.
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.
15. Successors and Assigns.
This Agreement is binding upon each parties’ respective successors and assigns.
16. Governing Law and Jurisdiction.
The provisions of this Agreement shall be governed, interpreted and construed in accordance with the laws of the Federal Republic of Nigeria. You agree to submit to the personal jurisdiction of the state and federal courts in Lagos, Nigeria for the purpose of litigating all such claims or disputes.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English.