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This Privacy Notice describes and applies to personal information (as defined below) that we collect on or in connection with the ecobee Services and in texts, calls, emails, and other electronic communications sent through or in connection with the ecobee Services. Except as otherwise provided in this Privacy Notice or as required by applicable law, this Privacy Notice does not apply to information that is collected by any third-party, website, or app other than the ecobee Services. If you visit a third-party website or app that we mention or link to, be sure to review that party’s privacy policy, as that privacy policy will apply to your interactions with that website or app.

We also are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations or any other app developer, app provider, operating system provider, wireless service provider, or device manufacturer, including personal information you disclose to other organizations through or in connection with your use of the ecobee Services.

Except as otherwise provided in this Privacy Notice, "personal information" is information that identifies, relates to, describes, is capable of being associated with, or otherwise could reasonably be linked, directly or indirectly, with you. "Personal information" does not include information which is generally not considered "personal information" under applicable law or is otherwise exempted under applicable law, such as information which is publicly available or subject to special data privacy laws and/or regulations, or information not otherwise considered "personal information" under applicable law.

The ecobee Services are not directed to nor intended for use by children under 16 years old (a "Child" or "Children"). We do not knowingly collect personal information from Children. Children are not authorized to use the ecobee Services. If you are a Child, please do not use the ecobee Services or provide any personal information to, on, or through the ecobee Services. If we learn we have collected or received personal information from a Child, we will delete that information. If you believe we might have any information from or about a Child, please contact us by any of the methods listed in the How to Contact Us section below.

Below is a description of the types of information we may collect from you and how we collect that information. We may also describe how certain information is used or disclosed.

For certain ecobee Services, we need to collect personal information in order to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information as outlined in this Privacy Notice.

a. ecobee Website Visitors

Every computer connected to the Internet is provided with a domain name (e.g. someispname.net) and an IP Address (e.g. 192.164.13.145). When you visit a page on the ecobee Website, we automatically gather and log the following information, some of which may constitute personal information:

• Your IP address;

• The IP address of the website that may have referred you or that you may have linked to us from, if any;

• The product identifier for version and make of your browser (e.g. Internet Explorer®);

• The operating system platform that you may be running (e.g. Macintosh® or Windows®);

• Search words or terms that are passed from a search engine (e.g. Google® or Yahoo!®); and

• Information readily available and stored in your Adobe® Flash ‘System.Capabilities�� object.

We collect this information for two main purposes. First, ecobee has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for visitors with various browsers and operating systems that visit the ecobee Website. Second, by analyzing visitor traffic and visitation patterns, referring URLs and search engine terms, we can strategically enhance internet presence.

To allow the ecobee Website to work properly and provide you with a personalized experience, we sometimes place cookies on your device.

You can choose whether to accept or reject cookies by changing the settings of your browser. Typically, by accessing the browser’s help feature, you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience on the ecobee Website and other websites may be diminished and some features may not work as intended.

b. ecobee Web Store

If you purchase something, such as an ecobee Product or accessory direct from ecobee, we require the customary information to allow us to complete the purchase. Depending upon the method of payment and your location, the required information may include:

• Name;

• Billing address (for credit card orders);

• Shipping address;

• Email address;

• Phone Number; and

• Credit card information (for credit card orders).

This information will be processed by our online shopping cart provider and our third-party payment processor. We use shopping cart features that seek to safeguard this information.

If you purchase your ecobee Product as part of, or choose to participate in, an electricity usage or demand response program relating to grid stabilization or demand management, or an energy market program or environmental credit program (collectively, “Utility Programs��), your name, address, contact information, and other information relating to your purchase may be forwarded to your utility provider (“Utility��), Regional Transmission Organization, Independent System Operator, state agency, regulator, or third-party partners or implementors (with your Utility, individually or collectively, “Program Administrators��). Program Administrators may use your personal information for their own purposes, including in order to verify your eligibility in the Utility Program, installation details, and for any potential rebates or other participation rewards.

If you select an installation option as part of your purchase (available in certain areas only), your name, address, and contact information may be forwarded to ecobee’s installation partner to facilitate the installation of your purchased Product(s).

c. ecobee Product Users

In order to register your ecobee Product on the ecobee Website or ecobee App and create an ecobee account (“ecobee Account��), you will provide an email address to associate with your ecobee Account, and when you install your ecobee Product, you’ll be asked for personal information like your name, home address, ZIP code, utility name, utility account number, and utility rate structure (if provided), as well as home characteristics (age, number of floors, type of heating, etc.) (together with your email address, “ecobee Account Data��). Once your ecobee Account is active, you can remotely view and control your ecobee Product from the ecobee Website or ecobee App.

Your ecobee Product collects environmental data, such as temperature and humidity, as well as operational data, such as thermostat runtime data and temperature set points from your HVAC equipment. Some ecobee Product models may collect additional types of data, such as motion sensing (i.e., “occupancy sensing��). Depending on your ecobee Product model, your ecobee Product may also collect data from remote sensors in addition to the ecobee Product itself. Our ecobee Products, through machine learning with both on-device and remote processing, environmental sensors, operational HVAC information and usage data, and occupancy sensing data, seek to minimize energy usage when you are home or away. Collectively, this is known as “ecobee Product Data.�� For ecobee �ʹ�����367 Security users, occupancy sensing data can be used to arm or disarm your home monitoring solution. To enable these remote functions, your ecobee Product transmits encrypted ecobee Product Data to the ecobee Website. The ecobee Product Data is stored on the ecobee Website to provide you with historical reports.

We use both ecobee Product Data and ecobee Account Data to enable you to make more intelligent decisions about how to manage your heating and cooling, and to reduce your energy bills. We may also aggregate your ecobee Product Data with ecobee Product Data from other homes in order to create reports and benchmarks and to allow you (and others) to compare energy usage, on a deidentified basis, with similar homes. ecobee may also send you information and reports regarding your ecobee Product’s operations, software updates, energy-savings opportunities, or promotions directly on the ecobee Website, through the ecobee App,or via email.

You can delete your ecobee account and associated ecobee Account Data, as well as ecobee Product Data, by deregistering your ecobee Product(s) using the ecobee Website or directly through the ecobee Product.

d. ecobee App users

In addition to the information we collect when you create an ecobee Account, when you use the ecobee App we may collect mobile device identifiers, app usage data, mobile device location, and Bluetooth data.

e. Mailing List and Social Communities

If you register for one of our mailing lists or online communities, we may use your email address to send you updates such as announcements, news, and information regarding new products or services. You have the option of unsubscribing at any time by clicking “Unsubscribe�� at the bottom of any email from ecobee or by contacting us as provided in the How to Contact Us section below.

If you initiate specific communications to the ecobee staff through one of our social community sites, you will be required to provide specific information that will be routed to the appropriate contact within ecobee, who will respond to your communication.

f. eco+ and Utility Programs

eco+ works by monitoring your energy use, the usage rate structure of your Utility, and any Utility Programs. When you activate eco+, you will automatically be enrolled in demand response programs and events initiated by Program Administrators relating to grid stabilization or demand management (“Default Community Energy Savings Programs��). You may be eligible to participate in additional demand response programs offered by Program Administrators, which may require you to accept additional terms and conditions and may offer you incentives to enroll and participate in the program (“Additional Community Energy Savings Programs,�� and together with Default Community Energy Savings Programs, “Community Energy Savings Programs��).

In order to operate and make eco+ available, including the Community Energy Savings Programs, ecobee collects certain information from you and discloses this information to Program Administrators who may use this information for their own purposes. ecobee Account Data and ecobee Product Data collected and disclosed by ecobee to your Program Administrators may include ecobee Account Data, ecobee Product Data, and your thermostat serial number, while personal information collected and disclosed by Program Administrators to ecobee may include your name, your address, your Utility account number, Utility account information, your utility meter ID, and utility meter data. Subject to any applicable law, your personal information may be used to assess your eligibility to participate in Utility Programs; verify your participation in Utility Programs; assist in decision making relating to energy production, grid stability, and conservation; and provide demand response, energy measurement, and verification services to Program Administrators or the applicable governing regulatory body. ecobee may also use the data disclosed to it by Program Administrators to improve the ecobee Services.

The Program Administrators may also use your ecobee Account Data, ecobee Product Data, and electricity use in order to make intelligent decisions relating to electricity production and conservation, and to provide Evaluation Measurement and Verification (“EM&V��) reports and services. Data contained in these EM&V reports and services may be disclosed to the appropriate utility system implementors and regulators as part of the Utility Program. ecobee may also use this data to improve its services, including the Utility Program. The Program Administrators may also deidentify and aggregate your data with data from other homes and use that data for their own purposes.

Note that ecobee may receive consideration from Program Administrators for successfully enrolling you in eco+ programs. More information can be found in ecobee’s Terms of Service available at /en-us/privacy-policy/#Privacy-Policy-and-Legal

g. Voice Services

Certain ecobee Products are capable of being voice-controlled using certain third-party services when you link your third-party service to your ecobee Product (e.g., Alexa Voice Service (AVS) provided by Amazon Digital Services LLC (“Amazon��) or Siri provided by Apple, Inc.). When you enable voice-control on your ecobee Product, your ecobee Product continuously listens for “wake words.�� When the ecobee Product hears one of these wake words, it will initiate a brief audio recording and transmit that recorded message to the third-party service for voice recognition processing. Use of third-party voice-control services governed by the third-party's respective terms of use. Any information you provide to the third-party via your ecobee Product will be treated in accordance with the third-party's privacy notice, not this Privacy Notice. ecobee does not have direct access to, or retain any copies of, your audio recordings. When your voice-control-enabled ecobee Product is in private mode, it is not listening for wake words, and no recorded messages are sent to the third-party service.

h. Video Services

ecobee �ʹ�����367Cameras and �ʹ�����367 Doorbell Cameras can stream and store recorded audio and video in the cloud. Video and audio recordings are processed directly on your �ʹ�����367Camera and stored on the cloud for 30 days. All recordings and snapshots that are saved to the cloud are visible in the ecobee App, so you know exactly what clips have been sent and saved. When you delete a video from the ecobee App, it will also erase that video from the cloud. For ecobee �ʹ�����367 Security customers, your �ʹ�����367Camera and �ʹ�����367 Doorbell Camera can also be used to determine occupancy in order to determine when to enable or disable your home monitoring system.

i. Product Subscriptions

We provide subscription services for some of our products, which allows you to receive these products on a regular schedule.

j. Other Third Parties

We partner with certain marketing and other third parties to assist us in providing the ecobee Services. For more information about the collection, use, transfer, and disclosure of your personal information and your available rights as it relates to these third parties, please visit the third party’s privacy policy.

The technician that installs your ecobee Product may link their business contact information with your ecobee Product. The technician information, if entered, can be found in the "Main Menu > My ecobee Pro", on the thermostat itself. Through the web portal, it can be accessed electing "View full details > About > My Contractor in the ecobee Website. From time to time, we may send maintenance reminders or promotional offers regarding your ecobee Product(s). Technicians that are linked to your thermostat will recieve alerts and reminders from the thermostat to allow them to better service your HVAC equipment.

Your ecobee Product may also forward operational and diagnostic information from compatible HVAC equipment (furnace, air conditioner, etc.) to the contractor web portal, if the communicating functionality is enabled. You can remove yourself from your technician’s list by selecting "Main Menu > My ecobee Pro > Remove ecobee Pro", and through the web portal, by selecting "View full details > About > My Contractor > Remove Contractor.

ecobee Products are capable of communicating and integrating with a growing number of third-party devices, applications, and services, such as Apple HomeKit and IFTTT. If you enable integration with a third-party device, application, or service, you agree to disclose your ecobee Account Data and ecobee Product Data to that third party who may use this data for its own purposes. A different privacy policy will apply to your interactions with such device, application, or service.

Beyond the specific purposes described in the Information We Collect and How We Collect Information section, we may use any of the personal information that we collect about you or that you provide us (based on your consent when we are legally required to obtain it):

• To provide you with the ecobee Services, all related content, and any other information, products, or services that you request from us.

• To create, manage, maintain, and secure your ecobee Account and to provide you with notices about your ecobee Account.

• To communicate with you and to process your requests, purchases, and payments.

• To notify you of changes or additions to any products or services we offer.

• To market to you, including providing you information about our affiliates�� products and services.

• To customize your experience and provide you with targeted advertising based on your online activity and inferred interests.

• To offer and manage sweepstakes, contests, or other promotions, including providing your information to third party sponsors of our sweepstakes, contests, or promotions. We may also disclose the list of names of winners publicly on the ecobee Website or otherwise in accordance with any applicable rules at the time of entry.

• To help maintain the safety, security, and integrity of the ecobee Services, as well as our products, services, databases, and other technology assets.

• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• For testing, research, analysis, and product development, including to understand our audience, develop and improve the ecobee Services, as well as our customer service, products, and services.

• To respond to law enforcement requests and, as required by applicable law, court order or governmental regulations.

• To evaluate, negotiate, or conduct an actual or proposed merger, divestiture, restructuring, reorganization, dissolution, other sale or transfer of some or all of our assets, or the negotiation thereof, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which case the personal information held by us about our users and customers will likely be among the assets transferred.

• To fulfill any other purpose for which you provide it.

• For any other purpose with your consent.

We retain your personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws or until you withdraw your consent (where applicable). To determine the appropriate retention period for your personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We may disclose any of the personal information that we collect or that you provide us:

• To our subsidiaries and affiliates.

• To contractors, service providers, advisors, and other third parties (including technicians) we use to support our business.

• To Program Administrators in relation to eco+.

• To data analytics providers to help us market, troubleshoot, and provide information about the ecobee Services.

• To third party sponsors of sweepstakes, contests, or promotions in accordance with any applicable rules provided at the time of entry. Additionally, we may post winner’s names publicly on the ecobee Website.

• To marketing providers that help us target advertisements to individuals who may be interested in learning more about the ecobee Services and who help us supplement personal information we already have about you.

• To an actual or prospective buyer or other successor in the event of an actual or proposed merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

• To fulfill the purpose for which you provide it.

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce our rights arising from any contracts entered into between you and us, and for billing and collection.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ecobee, our customers, or others.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

By registering your ecobee Product and providing an email address during the ecobee Account creation process, we may from time to time send you HVAC alerts and reminders, notices about software updates, energy savings advice, news about ecobee Products and Services, customer feedback or surveys, and news about our affiliate’s product offerings. For more information about our parent and affiliates�� products and services, click here. In addition, by checking any consent box provided, you agree to receive digital and electronic communications from us. These communications may be related to your purchase or incomplete purchase of our Products and Services

All communications that we provide to you electronically will be provided either (i) directly to any email address provided by you; (ii) on our Website, (iii) through our App,, (iv) directly by push notification, provided by you in your online account, and (v) similar other communication channels as deemed relevant by us. WE MAY USE SUCH MEANS OF COMMUNICATION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR COMMUNICATIONS SENT VIA OTHER MEANS. You may withdraw your consent to electronic communications by contacting us as provided in the How to Contact Us section below.

You can disable emailed HVAC alerts and reminders using the ecobee App and can opt out of receiving email communications by clicking “Unsubscribe�� at the bottom of any email from ecobee or by contacting us as provided in the How to Contact Us section below.

We strive to provide you with as many choices as possible regarding the personal information you provide to us. You may use the following options to control your information:

• Account Access �� You can review, change, and remove some of your personal information by logging onto the ecobee Website or ecobee App and visiting your account profile page to review, change, or remove your personal information, or to delete your account.

• Access, Change, Correct, or Delete �� To the extent permitted or required by law, you may also access your personal information or request to have your personal information changed, corrected, or deleted by contacting us as provided in the How to Contact Us section below. We will make reasonable efforts to comply with your request unless we have a business or legal purpose to decline your request. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical.

• Tracking Technologies �� You can refuse or disable cookies by setting your browser to refuse, delete, or disable cookies, or to alert you when cookies are being sent. If you refuse, delete, or disable cookies, some parts of the ecobee Services may then be inaccessible or not function properly.

• Device Permissions �� Mobile devices offer permission systems for specific types of device data and notifications, such as phone contacts, pictures, location, and push notifications. You can change your settings on your device to either consent to or refuse the collection or processing of the corresponding information or the display of the corresponding notifications. If you disable or refuse certain permissions, the ecobee Services may then be inaccessible or not function properly.

• Google Analytics �� You can opt out of having your activity available to Google Analytics by installing the Google Analytics opt-out add-on. For more information, visit

• Mouseflow - This website uses Mouseflow (), a third-party analytics tool, to track page content and click/touch, movement, scroll, and keystroke activity. You can opt-out at:

• Promotional Offers from Us �� If you do not wish to have your contact information used by us for promotions, you can opt-out by unsubscribing from any emails you receive from us. Additionally, you can also always opt-out by contacting us as provided in the How to Contact Us section below.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website,��. Similarly, you can opt-out of receiving targeted ads from members of the Digital Advertising Alliance ("DAA") on the DAA's website,��. Canada residents can opt-out through the Digital Advertising Alliance of Canada Opt-Out Tool,��.

If you are a resident of certain jurisdictions (e.g., California, Canada), you may have additional rights and choices regarding your personal information. Please see below for additional information.

We implement various physical, administrative, and technical safeguards in accordance with industry standards to protect the security of your personal information both online and offline. However, the safety and security of your information also depends on you. Where you have a password for access to certain parts of the ecobee Services, you are responsible for keeping this password confidential. Please do not share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted to the ecobee Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the ecobee Services.

Unless we request it, we ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health information, biometrics or genetic characteristics, criminal background or trade union membership) on or through the ecobee Services.

ecobee is the data controller for the data collected (including ecobee Product Data and ecobee Account Data) in connection with the use of ecobee Services worldwide. Personal information and ecobee Product Data is processed in either the United States or Canada for the purpose of providing, customizing, and improving the functionality of the ecobee Services, as well as for any related support, and as provided in Section 4 of this Privacy Notice.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as the law in your jurisdiction. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. We will continue to protect your personal information in accordance with this Privacy Notice, and whenever we engage a service provider, we seek to require that its privacy and security standards adhere to this Privacy Notice and all applicable privacy law.

If you agree to participate in ecobee’s Donate Your Data program, you will be anonymously sharing your ecobee Product Data with ecobee’s research partners. Your personal information will not be involved. For more information, see ecobee.com/donateyourdata.

We reserve the right to review and revise this Privacy Notice from time to time, without prior notice, subject to any applicable legal requirements to notify you or obtain your consent. The date this Privacy Notice was last reviewed or revised is noted at the top of the page. You are responsible for periodically visiting this Privacy Notice to check for any changes. Your continued use of the ecobee Services following the posting of changes constitutes your acceptance of such changes.

To exercise your privacy rights, ask questions, or comment about this Privacy Notice and our privacy practices, you may contact us:

• Via email at��[email protected];

• Via phone at 877-932-6233; or

• Via mail at ecobee, 207 Queens Quay W, Suite 600, Toronto ON, M5J 1A7, Canada.

This Supplemental U.S. State Notice applies exclusively to visitors and users of the ecobee Services who reside in certain U.S. states with comprehensive privacy laws, such as California, Colorado, Connecticut, Virginia, or Utah. This section is intended to satisfy our requirements under those states�� respective privacy laws (collectively, “State Privacy Laws��).

Notice at Collection.�� The following sub-sections below, read together, are intended to comply with our obligations for Notice at Collection under the California Consumer Privacy Act (“CCPA��): ��Categories of Personal Information We May Collect, Disclose, or Sell/Share��, “Purposes of Collection, Use, and Disclosure��, and ��Retention��.��

Scope.�� This section applies to “personal information��, or “personal data�� as defined under State Privacy Laws, whether collected online or offline, in our capacity as a business or controller. This section does not address or apply to our handling of publicly available information or personal information that is otherwise exempt under State Privacy Laws. This section also does not apply to personal information we collect about job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of ecobee; different notices apply.��

Categories of Personal Information We May Collect, Disclose, or Sell/Share.�� to view information about the categories of personal information that we may collect and disclose to others for a business or commercial purpose (and have collected/disclosed in the prior 12-months), and information about our “selling�� and “sharing�� of personal information.��

State Privacy Laws such as the CCPA define “sale�� as disclosing or making available personal information to a third party in exchange for monetary (or other valuable) consideration. The CCPA defines “sharing�� as disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising, whereas other State Privacy Laws consider this to be “Targeted Advertising.”�� We may be considered to be “selling�� or “sharing�� personal information solely because of our use of third-party advertising and analytics cookies and tools on our Websites and because of our disclosure of certain ecobee Product user data to third parties for their own marketing purposes.�� Please note that we do not sell or share personal information about individuals we know are under sixteen.��

Sources of Personal Information. In general, we may collect the categories of personal information identified in the table above from the following categories of sources:��

• Directly from individuals;��

• Government agencies or public records;��

• Vendors and service providers;��

• Data brokers or business partners;��

• Data analytics providers and advertising networks;��

• Social media platforms;��

• Internet service providers and operating systems & platforms; and��

• Business customers and clients.��

For more information, please see the Information We Collect and How We Collect Information section above.��

Purposes of Collection, Use, and Disclosure.�� As more fully described in the How We Use Information section above, in general, we may collect, use, disclose, and otherwise process personal information for the following business or commercial purposes and as otherwise directed or consented to by you:��

• To provide the functionality of the ecobee Services and to fulfill your requests;��

• To create and maintain your ecobee Account;

• To communicate with you;

• To notify you of changes to our products or services;��

• To market to you;

• To maintain the safety, security, and integrity of the ecobee Services;

• To complete or enforce contracts or other rights;

• For research and development;

• To comply with the law, including responding to requests from authorities;

• For business restructuring purposes;

• For any purpose for which you provide information;

• Otherwise with your consent.

Please note that, for de-identified information, we will maintain and use de-identified information in that form and not attempt to re-identify it, except to test and analyze our de-identification processes.�� ��

Retention.�� We retain the personal information we collect only as reasonably necessary for the purposes described above or otherwise disclosed to you at the time of collection. For more information, please see the Data Retention section above.��

��Sensitive Personal Information.�� We use and disclose sensitive personal information, namely, precise geolocation information collected from our app users, to obtain insights and for analytics purposes. As part of this, we may disclose sensitive personal information to analytics providers. We also use and disclose sensitive personal information as reasonably necessary.��

Privacy Rights. State Privacy Laws grants residents of particular states specific rights regarding personal information. Subject to certain conditions and exceptions, and depending on your state of residence, you may have the following rights with respect to your personal information:��

• Right to Know. The right to request: (i) the categories or personal information we collected about you; (ii) the categories of sources from which the personal information is collected; (iii) our business or commercial purposes for collecting, selling, or sharing personal information; (iv) the categories of third parties to whom we have disclosed personal information; and (v) the specific pieces of personal information we have collected about you.��

• Right to Delete. The right to request that we delete personal information we have collected from you.��

• Right to Correct. The right to request that we correct inaccuracies in your personal information.��

• Right to Opt-Out of Sales, Sharing, and Targeted Advertising. The right to opt-out of “sales�� and “sharing�� of your personal information or the use of personal information for “targeted advertising.” ���

• Right to Limit Use and Disclosure of Sensitive Personal Information. The right to limit use and disclosure of your sensitive personal information.��

• Right to Appeal. The right to appeal a decision to deny or reject a privacy right request.

• Right to Non-Discrimination. The right not to be subjected to discriminatory treatment for exercising any of the rights described in this section.��

Submitting Privacy Rights Requests: If you are entitled to make a privacy rights request under your state privacy law, you may exercise your privacy rights as set forth below: �į ���

• Right to Know, Delete, Correct, Opt-Out of Sales, or Appeal: ���

• Email us at [email protected]; or ���

• Calling us toll-free at 877-932-6233.��

 When you submit a request, we will take steps to verify your identity and request by matching the information provided by you with the information we have in our records.�� In some cases, we may request additional information in order to verify your identity, or where necessary to process your request.�� If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.��

You may also designate someone as an authorized agent to submit certain requests and act on your behalf.�� Authorized agents will be required to provide proof of their authorization in their first communication with us, and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.��

��Notice of Financial Incentive. We may make available programs or offerings, and other sweepstakes, contests, or similar promotional offerings (each a ��Program��) which may include offers, rewards, discounts, services, perks, and promotions (��Rewards and Offers��). These Programs may be considered “financial incentives�� under the CCPA. We collect, disclose, and retain personal information about individuals as part of these Programs. ���

 These Programs may involve making available Rewards and Offers to customers and partners that participate in a customer satisfaction or market research survey or requests for feedback. To participate in these Programs, you must register and provide us with certain personal information, which may include identifiers (i.e., name, email, address, and other similar contact information), and any feedback or responses. Some of these Programs may be administered by third party partners who may collect or receive your personal information to administer the Program and provide related services to us.��

As a basis for offering these Rewards and Offers, we have valued the personal information we collect based on a reasonable and good faith calculation determined by considering expenses related to the Programs. In doing so, we value the personal information collected through the programs as the equivalent of the costs and expenses incurred to provide the Program, including IT, administration, direct costs, third party costs, discounts, and service development costs.��

 We disclose the personal information collected for purposes of administering our Programs and consistent with the purposes described in the Information We Collect and How We Collect Information section of this Privacy Notice.��

 For ecobee’s Default Community Energy Savings Programs, you may withdraw from a Program at any time by contacting us at [email protected].

If you are enrolled in Community Energy Savings Programs administered by a Program Administrator, you will need to reach out to the Program Administrator with whom you established a relationship in order to withdraw from the program. ecobee will not be able to assist with withdrawal or unenrollment from these programs.

Please note that if you withdraw from a Program such as our Default Community Energy Savings Programs (or submit a CCPA request to delete your information), your participation in that Program will be terminated, which means that you will no longer be eligible to earn, use, access, or redeem any Program Rewards and Offers, subject to the applicable Program terms.��

If you are a visitor or user of the ecobee Services who resides in the state of California, you have other rights under California’s “Shine the Light�� law. California Civil Code section 1798.83 requires certain businesses to respond to requests from California customers asking about the businesses�� practices related to disclosing personal information to third parties for the third parties�� direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties�� direct marketing purposes if the customer has opted out of such information-sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties�� direct marketing purposes, please contact us as provided in Section 12.

This Notice for Nevada Residents applies exclusively to visitors and users of the ecobee Services who reside in the state of Nevada. Nevada provides its residents with a limited right to opt out of certain personal information sales. Nevada residents who wish to exercise this sale opt-out right may email us at��[email protected]. Please include "Nevada" in your email subject line and include the following information in your email: (i) your name, (ii) Nevada resident address, and (iii) email address.

This Notice for Canadian Residents applies exclusively to visitors and users of the ecobee Services who reside in Canada. We provide this Notice to comply with Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act ("PIPEDA"). We strive to protect your privacy by following each of the fair information principles set out by PIPEDA. At any time, you may withdraw your consent to our collection, use, and disclosure of your personal information by contacting us as set forth in Section 12.

We recognize that we are responsible for personal information under our control. We have designated our Data Protection Officer as our privacy officer to oversee privacy compliance, including PIPEDA compliance. If you have any concerns about our privacy practices and policies, you can contact our Data Protection Officer at��[email protected]. We will investigate any complaints received and try to substantively respond within 30 days of its receipt. If we need more time, we will inform you of the reason and extension period.

If our Data Protection Officer is unable to resolve your concern, you may also contact the Office of the Privacy Commissioner of Canada.

The Remote Applications are offered and available to individuals who are 18 years of age or older and eligible to use the Remote Applications. By accessing or using the Remote Applications, you represent and warrant that you are 18 years of age or older and eligible to use the Remote Applications.

In order to use the Remote Applications, you must have or set up an account with ecobee (“ecobee Account��).

ecobee reserves the right, in ecobee’s sole discretion, to reject any registration for an ecobee Account.

As part of the ecobee Account set-up process, you will be asked to provide certain personal information. ecobee will only use such personal information in accordance with the terms of Section 4 below.

If you choose to set-up an ecobee Account, then you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and promptly update the information you provide to ecobee; and (iii) not to provide any irrelevant data into any form or data entry field other than the data requested by ecobee for such field. In the event that you provide, or ecobee reasonably suspects that you have provided, any information that is untrue, inaccurate, not current, or incomplete, then ecobee has the right to suspend or terminate your ecobee Account and refuse any and all current or future use of the Remote Applications.

Your ecobee Account username and password (“Login Methods��) are solely for your use or the use of the entity or person you represent. You are solely responsible for the confidentiality and security of your Login Methods. You are responsible for all activities that occur under your ecobee Account. ecobee is not obligated to inquire as to the authority or propriety of any use of, or action taken under, your Login Methods and/or ecobee Account.

eco+ works by monitoring your energy use, the usage rate structure of your utility provider and any Community Energy Savings Programs (as defined below) that your utility provider (“Utility��), Regional Transmission Organization, Independent System Operator, state agency, or third-party partners or implementors of such programs may issue (with your Utility, individually or collectively, “Program Administrators��).

In order to gain the full benefits of eco+, you must have an account with your Utility (“Utility Account��) or have the permission of the Utility Account owner to enter into these TOS. To achieve the full benefits of eco+, you also need to allow eco+ to connect to such Utility Account and share data with such Utility Account, as is described in Section 4 below.

In order to enable your use of eco+, you affirmatively direct ecobee to share your personal information with Program Administrators as necessary to implement the Community Energy Savings Programs. Additionally, you affirmatively consent to the release of your Utility Account data by your Utility to ecobee and other Program Administrators. In some jurisdictions, additional measures may be required by law or by your Utility in order for your Utility to recognize your consent to the release of your Utility Account data. You acknowledge that you understand that if you do not consent to the release of your Utility Account data by your Utility to ecobee and other Program Administrators, ecobee may be unable to provide certain eco+ features to you and you may not realize the full benefit of eco+.

You agree to: (i) provide true, accurate, current, and complete information regarding your Utility Account; (ii) maintain and promptly update the information you provide to ecobee; and (iii) not to provide any irrelevant data into any form or data entry field other than the data requested by ecobee for such field. In the event that you provide, or ecobee reasonably suspects that you have provided, any information that is untrue, inaccurate, not current, or incomplete, then ecobee has the right to suspend or terminate your use of eco+ and refuse any and all current or future use of eco+.

ecobee is committed to protecting your privacy. Please review our Privacy Policy, located at ecobee.com/en-ca/privacy-policy, to understand how we collect, use, and disclose your personal information gathered by the Remote Applications.

In order to operate and make eco+ available, ecobee collects, and may disclose, your personal information to Program Administrators, and Program Administrators may disclose your personal information to us. Under ecobee’s Privacy Policy, which is incorporated into these TOS by reference, eco+ is defined as a “Utility Program.�� Utility Programs may include both Community Energy Savings Programs and other energy efficiency programs. Your privacy is important to ecobee, and ecobee’s Privacy Policy explains how ecobee collects, uses, discloses, and protects your personal information. Subject to any applicable law, your personal information may be used to assess your eligibility to participate in Utility Programs; verify your participation in Utility Programs; assist in decision making relating to energy production, grid stability, and conservation; and provide demand response, energy measurement, and verification services to a Program Administrator or its governing regulatory body. ecobee may also use the information to improve the ecobee Services and Remote Applications.

Disabling eco+ will revoke your consent and terminate ecobee’s ability to share further personal information with Program Administrators.

When you activate eco+, you will automatically be enrolled in demand response programs and events initiated by Program Administrators relating to grid stabilization or demand management (“Default Community Energy Savings Programs��). These programs reduce energy consumption and load on the grid, reducing costs and the risks of brownouts and blackouts. You can opt out of participation in any and all Default Community Energy Savings Programs and their events at any time by deactivating the Default Community Energy Savings Program in the ecobee App, by contacting ecobee Customer Service at 1-877-932-6233, or by indefinitely deactivating eco+ within the ecobee App in the eco+ menu.

You may be eligible to participate in additional demand response programs offered by Program Administrators, which may require you to accept additional terms and conditions and may offer you incentives for enrolling and participating in the program (“Additional Community Energy Savings Programs,�� and together with Default Community Energy Savings Programs, “Community Energy Savings Programs��). In such cases, eco+ will seek to notify you of these third-party terms and conditions and allow you to opt into such Additional Community Energy Savings Programs. If you enroll into an Additional Community Energy Savings Program, you may receive notice of Additional Community Energy Savings Program events which will appear on your ecobee Product and ecobee App. Note that if you opt in and enroll in an Additional Community Energy Savings Program, you will automatically be unenrolled from any Default Community Energy Savings Program. You can opt out of any in progress Additional Community Energy Savings Program event at any time, notwithstanding any clauses to the contrary set forth in your Utility’s terms and conditions, by deactivating the Additional Community Energy Savings Program in the ecobee App and submitting a request to the Program Administrator to unenroll.

ecobee does not determine customer eligibility for Community Energy Savings Programs. Those determinations are made solely by Program Administrators and are outside of ecobee’s control.

You acknowledge and agree that:

a. ecobee may manage and control your ecobee Product(s) in order to provide eco+ and in order for you to participate in Community Energy Savings Programs;

b. If you do not opt out of the Default Community Energy Savings Program, ecobee may manage and control your ecobee Products during periods of peak energy demand for the grid, which may or may not coincide with peak electricity price periods;

c. ecobee may manage and control your ecobee Product(s) in order to provide additional energy savings when it provides value to Program Administrators or the electricity grid, such as during periods of high electricity demand;

d. You authorize and direct ecobee to share your personal information with Program Administrators to the extent necessary in order to provide the eco+ service and facilitate the Community Energy Savings Programs;

e. The Program Administrator may issue requests for reducing your energy consumption during Community Energy Savings Programs events, such as during peak electricity price periods. During these Community Energy Savings Program events, ecobee may change your temperature set point (for Default Community Energy Savings Programs) or turn off your ecobee Product(s) (for Additional Community Energy Savings Programs). However, you can always override ecobee’s control of your ecobee Product(s) and manually control your affected ecobee Product(s);

f. The Program Administrator may offer programs and offer incentives for you to participate in Additional Community Energy Savings Programs. In some cases, you may need to accept additional terms in order to participate in one of these Additional Community Energy Savings Programs. Participation in an Additional Community Energy Savings Program is optional. ecobee will communicate with you the details of the Additional Community Energy Savings Program, including how to participate or opt out. However, ecobee is not responsible for any failure on the part of the Program Administrator to provide any incentives to you;

g. ecobee may receive consideration from the Program Administrator for successfully enrolling you in eco+ programs¹. So long as it does not conflict with any incentives provided to you under S.6(f)., ecobee shall be eligible to claim any qualifying environmental attributes, benefits, credits, awards or bounties from Program Administrators resulting from savings gained by the benefit of eco+, which forfeits any option you might have to enroll in the programs directly or rights to environmental attributes related to eco+;

h. ecobee may communicate with you via email with respect to the ecobee Products and Services and Remote Applications. For example, by registering your device and providing an email address during the account creation process, ecobee may from time to time send you HVAC alerts and reminders, notices about software updates, energy savings advice, news about ecobee Services, customer feedback or surveys, as well as marketing materials related to ecobee and other third-party product offerings. These electronic communications may be sent through email, the ecobee Website, the ecobee App, or other communication channels as deemed relevant by ecobee. You may unsubscribe from these emails at any time;

i. Without limiting the disclaimers in Section 9, ecobee makes no representations, warranties, or guarantees regarding any results of or performance of eco+, including that eco+ will achieve any energy saving or other benefits for you. Although unlikely, in rare circumstances, eco+ could potentially result in increased costs.

¹ Including such programs like the Massachusetts Clean Peak Energy Standard and the California Demand Side Grid Support Program, which are administered by state agencies.

Subject to the terms and conditions of these TOS, ecobee may make available the Remote Applications to you for your use. ecobee expressly reserves all rights not expressly granted in or prohibited by these TOS.

You agree to abide by and not violate the Acceptable Use Policy, which can be found in Section 26 of these TOS.

If you breach the Acceptable Use Policy, or any other provision of these TOS, ecobee may take whatever steps it deems necessary to protect ecobee, ecobee Services, ecobee’s business, ecobee’s and its partners�� infrastructure, and ecobee’s other customers, including, without limitation, suspending your use of the ecobee Services and/or Remote Applications, and terminating your ecobee Account.

You agree that you are solely responsible for compliance with any and all laws, rules, and regulations, that may apply to your use of the Remote Applications.

A. USE OF THE REMOTE APPLICATIONS, AND ANY DATA OR RELATED RESULTS OBTAINED FROM THE REMOTE APPLICATIONS, IS SOLELY AT YOUR OWN RISK.

B. THE REMOTE APPLICATIONS, AND ANY DATA OR RELATED RESULTS OBTAINED FROM THE REMOTE APPLICATIONS, IS MADE AS-IS, WHERE-IS, AND AS AVAILABLE.

C. ECOBEE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES WITH THE REMOTE APPLICATIONS OR ANY DATA OR RELATED RESULTS OBTAINED FROM THE REMOTE APPLICATIONS, INCLUDING INCREASED COSTS OR OTHER LOSSES OR DAMAGES YOU INCUR AS A RESULT OF YOUR USE OF THE REMOTE APPLICATIONS; OR (II) ANY PROGRAM ADMINISTRATOR’S ACTS OR OMISSIONS.

D. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECOBEE DISCLAIMS ANY AND ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, AND CONDITIONS IN RESPECT OF THE REMOTE APPLICATIONS AND ANY DATA OR RELATED RESULTS OBTAINED FROM THE REMOTE APPLICATIONS, INCLUDING ANY POSSIBLE ENERGY SAVINGS AND RELATED BENEFITS.

E. THE DISCLAIMERS IN THIS SECTION 8 APPLY TO ANY AND ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, AND CONDITIONS, WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS, OR ARISING THROUGH A COURSE OF DEALING OR TRADE, INCLUDING ANY REPRESENTATION, GUARANTEE, WARRANTY, OR CONDITION: (I) OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, COMPLETENESS, RELIABILITY, ACCESSIBILITY, AVAILABILITY, OR UNINTERRUPTED USE; (II) THAT THE REMOTE APPLICATIONS OR ANY DATA OR RELATED RESULTS OBTAINED FROM THE REMOTE APPLICATIONS WILL MEET ANY REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT; AND (III) THAT THE REMOTE APPLICATIONS OR ANY DATA OR RELATED RESULTS FROM THE REMOTE APPLICATIONS WILL BE ERROR-FREE OR SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL-OF-SERVICE ATTACKS).

F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ECOBEE WILL CREATE ANY REPRESENTATION, GUARANTEE, WARRANTY, OR CONDITION.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ECOBEE AND ITS AFFILIATES, NOR THE PROGRAM ADMINISTRATORS AND THEIR AFFILIATES, WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER ECOBEE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL ECOBEE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TOS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EXCEED THE PRICE PAID FOR THE RELEVANT ECOBEE PRODUCT.

In addition to the exclusions of liability described in Section 10, neither ecobee and its affiliates, nor the Program Administrators and their affiliates, will be liable because of a failure or delay in performing ecobee’s obligations hereunder on account of any cause beyond ecobee’s reasonable control, including, acts or omissions of any Program Administrator, internet availability failures, wireless network failures, cloud service failures, service provider failures, other electricity or power failures, strikes, riots, insurrection, terrorism, fires, earthquakes, other natural disasters, acts of God, war, or governmental action.

ecobee is not responsible for information on any third-party website or service that is referred in, or accessible or connected by hyperlink to, the Remote Applications and/or ecobee Services, including any Program Administrator’s website or service. If you access any third-party website or service, including that of any Program Administrator, through the Remote Applications and/or ecobee Services, then you do so at your own risk. Hyperlinks do not constitute third party endorsement of, sponsorship, endorsement by, or affiliation with, ecobee.

You agree to indemnify, defend, and hold harmless ecobee and its affiliates, their shareholders, directors, officers, employees, agents, and the Program Administrators and their affiliates, shareholders, directors, officers, employees, and agents from and against any and all suits, losses, claims, demands, liabilities, damages, costs, and expenses (including reasonable lawyers' fees) that arise from or relate to your breach of these TOS. ecobee has the right but not the obligation to participate in any defense or settlement. If ecobee chooses to participate, then each party must pay for its own legal fees and related expenses. This obligation survives the termination of these TOS.

If you submit ideas, suggestions, commentary, or feedback to ecobee regarding the Remote Applications (or any other product or service offered by ecobee) (collectively, "Feedback"), through any means whatsoever, then you agree that ecobee may use the Feedback freely and for any purpose, without obligation or restriction of any kind on account of intellectual property rights or otherwise. Feedback is and shall be given entirely voluntarily. Even if Feedback is designated as confidential by you, it shall not, absent a separate written agreement, create any confidentiality obligation on ecobee except as otherwise provided by the express terms of these TOS.

a. As between ecobee and you, ecobee reserves all right, title, and interest (including all intellectual property rights) in and to the Remote Applications (including any content in the Remote Applications). You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents, or other intellectual property on or in the Remote Applications.

b. All trademarks and other indicia of origin appearing on or in the Remote Applications are property of ecobee or ecobee’s providers, suppliers, or licensors, unless otherwise indicated. You may not use any such trademark or other indicia of origin for any purpose whatsoever.

c. ecobee, ecobee’s affiliates and ecobee’s providers, suppliers, and licensors may enforce its or their intellectual property rights to the fullest extent permitted by law, including against you personally.

a. ecobee may, in ecobee’s sole discretion, release fixes, patches, or updated versions of the Remote Applications or otherwise add or remove services, functionalities, content, or features (including modifications to the features, availability, or functionality of any part of any of the foregoing) at any time without notice (each, an “Update��). Upon release, each Update will be deemed to become part of the Remote Applications and will be subject to these TOS.

b. ecobee may review and update these TOS from time to time, or any provision thereof, with immediate effect at any time and without notice, subject to any applicable legal requirements to notify you or obtain your consent. The date these TOS were last reviewed and updated is noted at the top of the page. You are responsible for periodically visiting these TOS to check for any changes. Your use of the Remote Applications following any such update (including those implemented as part of the release of an Update) will constitute your agreement to these TOS in effect at the time of such use.

a. ecobee reserves the right to reject, suspend, or terminate the Remote Applications and your use of all or any portion of the Remote Applications at any time and for any reason, in ecobee’s sole discretion. ecobee has no obligation to provide you with any notice of your breach of these TOS, but ecobee may choose to provide notice, and an opportunity to cure such breach, in its sole discretion.

b. These TOS will continue to apply to your past use of the Remote Applications, in the form in which it or they then existed at the time of the subject use. Furthermore, termination, rejection, or suspension shall not relieve you of any obligations arising or accruing prior to such termination, rejection, or suspension, or otherwise limit any liability that you otherwise may have to ecobee.

c. You may cancel your use of eco+ by disabling the feature in the menu of the ecobee App or Website. You may re-enable eco+ using the same menu options. You may also cancel your use of eco+ by contacting ecobee Customer Service at 1-877-932-6233. If you have enrolled in an Additional Community Energy Savings Program that included additional terms and conditions, certain eco+ features may continue to operate for the duration of that particular Additional Community Energy Savings Program. Consult those additional terms and conditions for details. All other eco+ features will still be disabled.

d. Any provision hereof that by its nature is intended to survive the termination of these TOS will survive such termination.

For all purposes, ecobee and you are independent contractors and neither party will represent that it has authority to assume or create obligations on behalf of the other party.

These TOS will be governed, construed, and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

A. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TOS, OR IN RESPECT OF ANY LEGAL RELATIONSHIP ASSOCIATED WITH OR DERIVED FROM THESE TOS, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE SIMPLIFIED ARBITRATION RULES OF THE ADR INSTITUTE OF CANADA, INC. THE ARBITRATION WILL TAKE PLACE IN TORONTO, ONTARIO, CANADA. THE LANGUAGE OF THE ARBITRATION WILL BE ENGLISH.

B. TO THE EXTENT ARBITRATION AS DESCRIBED IN THIS SECTION 20 IS PROHIBITED BY APPLICABLE LAW, THEN YOU AGREE THAT ALL CLAIMS WILL BE HEARD AND RESOLVED IN A COURT OF COMPETENT SUBJECT MATTER JURISDICTION LOCATED IN TORONTO, ONTARIO. YOU CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS OVER YOU, STIPULATE TO THE FAIRNESS AND CONVENIENCE OF PROCEEDING IN SUCH COURTS, AND COVENANT NOT TO ASSERT ANY OBJECTION TO PROCEEDING IN SUCH COURTS.

YOU AGREE AND ACKNOWLEDGE THAT YOU MAY ONLY RESOLVE DISPUTES WITH ECOBEE OR THE UTILITY IN CONNECTION WITH THESE TOS ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

THE PARTIES EXPRESSLY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND ECOBEE IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND ECOBEE WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE, AND AGREE TO TAKE ANY AND ALL ACTION NECESSARY OR APPROPRIATE TO EFFECT SUCH WAIVER.

If any provision of these TOS is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these TOS shall remain in full force and effect. These TOS constitute the entire understanding, and supersede all other understandings, between you and ecobee concerning the Remote Applications. No waiver of a right granted under these TOS by a party will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these TOS) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.

ecobee may assign or transfer these TOS in whole or in part at any time without your consent. You may not assign these TOS or assign, transfer, or delegate your ecobee Account or any of your rights or obligations under these TOS. Any purported assignment, transfer, or delegation in violation of this provision shall be void from the outset.

Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including�� or “includes�� is used herein, it means “including without limitation�� or “includes without limitation,�� respectively. The language used in these TOS are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.

YOU MAY NOT DO ANY OF THE FOLLOWING IN CONNECTION WITH THE REMOTE APPLICATIONS:

• use the Remote Applications for anything other than your personal or internal purposes;
• use the Remote Applications for any purpose that is illegal, unsafe, or fraudulent, or that infringes on any third-party rights, including ecobee’s rights;
• violate, remove, modify, or obscure any copyright notices, trademark notices, or other proprietary notices or legends that are on or in any of the Remote Applications;
• use ecobee’s name, any ecobee trademark, logo, or other proprietary information, or the layout and design of any of the Remote Applications, without ecobee’s express written consent;
• replicate the “look and feel�� of the Remote Applications;
• modify the Remote Applications or make derivative works based on the Remote Applications;
• decompose, decompile, reverse engineer, disassemble, or attempt to gain access to the source code of any part of the Remote Applications;
• build a product or service using any similar ideas, features, functions, or graphics of the Remote Applications;
• use the Remote Applications to provide services for or on behalf of any third party, or commercially exploit the Remote Applications in any way, including without limitation by framing or mirroring any portion of the Remote Applications;
• sell, resell, export, transfer, assign, sublicense, rent, lease, loan, provide, copy, reproduce, distribute, redistribute, license, publish, or otherwise make available any portion of the Remote Applications;
• use the Remote Applications for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking, comparison, or competitive purpose;
• gain, or attempt to gain, or permit any third party to gain, unauthorized access to the Remote Applications, including through means not provided by ecobee;
• use any security testing tools in order to probe, scan, or attempt to penetrate or ascertain the Remote Applications�� security, or to otherwise engage in denial-of-service attacks;
• take any action that imposes, or may impose (as determined by ecobee in its sole discretion) an unreasonable or disproportionately large load on, or otherwise disrupt, restrict, inhibit, or impede ecobee’s infrastructure;
• interfere or attempt to interfere with the proper working of the Remote Applications, or any activities conducted on or in the Remote Applications; or
• systematically retrieve data or other content from the Remote Applications to create or compile a collection, compilation, database, directory, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.

Please send notices via email to [email protected] or via mail to ecobee, 207 Queens Quay W, Suite 600, Toronto ON, M5J 1A7, Canada

Copyright © 2008-2024. ecobee Technologies ULC. All Rights Reserved. “ecobee�� and any marks and logos are Federal Registered Trademarks of ecobee Inc. All other trademarks listed are the property of their respective owners.

ecobee inc. reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the ecobee inc. website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.

Please review our Privacy Policy, which also governs your visit to ecobee inc. to understand our practices regarding the use and disclosure of your personal information. You can find our Privacy Policy at the Privacy Policy link at the bottom of the web page.

When you visit ecobee inc. or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

The entire contents of this website (the “Information��), including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of ecobee inc. or its content suppliers and are protected by Domestic and International copyright and trade-mark laws. ECOBEE, the ECOBEE LOGO, and GREEN MADE EASY are registered trade-marks of ecobee inc. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Information without the prior express written consent of ecobee inc., except as described below. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at��[email protected] to notify us of this infringement.

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, or modify any registered mark. ecobee hereby grants authorized Sellers, Distributors, HVAC or Energy Consultants or Contractors, a royalty-free, non-exclusive and revocable license to distribute, display and promote the Information solely for the purpose of advertising, promoting and selling the Products on the terms hereof, provided that you agree not to change or delete any copyright or proprietary notices from the materials, or modify any registered mark. ecobee may revoke such license at any time if, in the determination of ecobee, Dealer’s use, marketing, distribution, display or promotion is detrimental to the Product and/ or the business and affairs of ecobee. ecobee does not warrant that Information will be current or error-free. Dealer may not adapt or change any Information without written permission of ecobee.

ecobee inc. grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of ecobee inc. . This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of ecobee inc. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of ecobee inc. without the express written consent of ecobee inc. . You may not use META tags or any other “hidden text�� which utilize ecobee inc.com, ecobee inc.com, ecobee inc. or any other derivative of our domain, company name or registered trademarks without the express written consent of ecobee inc. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home Page or any Dynamic Deep Link (DDL) of ecobee inc. so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that ecobee inc. cannot and does not guarantee or warrant that files made available for downloading through the ecobee inc. website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through ecobee inc. are free from such contaminations.

Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant ecobee inc. a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and ecobee inc. You also grant ecobee inc. the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY ecobee inc. ON AN “AS IS�� AND “AS AVAILABLE�� BASIS. ecobee inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ecobee inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ecobee inc. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ecobee inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ecobee inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ecobee inc. USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. ecobee inc. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, ecobee inc. SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY ecobee inc. IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO ecobee inc. FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER’S EXPENSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Linked websites are not under the control of ecobee inc. and ecobee inc. is not responsible for the contents of any linked site or any link contained in a linked site. ecobee inc. provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by ecobee inc. of the site.

By visiting the ecobee inc. website, you agree that the laws of the province of ONTARIO, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ecobee inc.

Any dispute relating in any way to your visit or access of the ecobee inc. website or to the products or services you purchase through the ecobee inc. website shall be submitted to binding arbitration in Ontario, except that, to the extent you have in any manner violated or threatened to violate ecobee inc. intellectual property rights, ecobee inc. may seek injunctive or other appropriate relief in any state or federal court in the province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

You agree to indemnify, defend and hold harmless ecobee inc., its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the ecobee inc. website.

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside.

ecobee inc. failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. ecobee inc. may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Please send notices by care of e-mail to:��[email protected]��(or) by our Mailing Address: ecobee inc. 207 Queens Quay W, Suite 600, Toronto ON, M5J 1A7, Canada Copyright © 2008-2024 ecobee inc. All Rights Reserved. “ecobee inc.��, “ecobee inc. and any marks and logos are Federal Registered Trademarks of ecobee inc. All other trademarks listed are the property of their respective owners.

For the purpose of this EULA, the following terms shall have the meanings hereinafter provided:

��ecobee Remote Applications�� means any web-based or mobile device-based application provided by ecobee to provide certain services and functionality to registered users of ecobee Products. The ecobee Remote Applications also includes the eco+ service. Use of the ecobee Remote Applications is governed by the TERMS OF SERVICE for ECOBEE REMOTE APPLICATIONS, INCLUDING eco+.

��Error�� means any program defect, error, bug or other failure of all or part of the Software that results in the Software not conforming to, or performing in accordance with, its published specifications. “Software�� means ecobee’s computer software program, which enables data upload and download to and from the ecobee Remote Applications using an ecobee Product, including any Software Updates.

��User Manual�� means the ecobee User Manual provided together with the Product and Software.

��Software Updates�� means updates or patches to the Software, including updates intended to correct Errors and which may include graphical updates, enhancements and/or additional features to the Software, as may be provided or released by ecobee from time to time to all of its customers at no charge.

LICENSEE acknowledges and agrees that, save and except for the Software license explicitly granted by the EULA, all right, title and interest in and to the Software, ecobee Remote Applications and the User Manual is the sole and exclusive property of ecobee and/or its licensors), as the case may be. ecobee reserves all rights not expressly granted to LICENSEE hereunder, and for greater certainty, ecobee shall retain all intellectual property and other proprietary rights in and to the Software and the User Manual. Nothing in this EULA shall, or shall be deemed or construed to, assign, transfer or convey to LICENSEE any title, rights or interest in or to any intellectual property, including in or to the Software, ecobee Remote Applications or User Manual, other than the licenses specifically and expressly granted herein.

Upon LICENSEE’s use of the Product (and corresponding acceptance of the terms and conditions of this EULA), ecobee hereby grants to LICENSEE a limited, nonexclusive, personal, perpetual, non-transferable and revocable license to use the Software embedded in the Product as and to the extent described in this EULA for as long as LICENSEE complies with the terms and condition of this EULA. ecobee reserves all rights not expressly granted to LICENSEE. For certainty, this EULA does not apply to or govern LICENSEE’s use of or access to the ecobee Remote Applications or the ecobee Product, which are each governed by and subject to separate terms and conditions.

Pursuant to the Software license granted to LICENSEE under this EULA, LICENSEE shall be permitted to: (a) use the Software embedded in the Product for the purposes of using the Product only as intended and contemplated by the User Manual, provided that the Software may only be used for its personal and private use in connection with the use of the Product; and (b) use the User Manual provided by ecobee solely as is necessary to operate and use the Software and ecobee Product as and to the extent permitted thereunder and under this EULA.

This EULA shall be binding upon and shall ensure to the benefit of and be enforceable by each of the parties, their respective successors and permitted assigns. LICENSEE may assign this EULA without the prior consent of ecobee. ecobee may assign this EULA without the consent of LICENSEE at any time.

Unauthorized copying or distribution of Software or the User Manual is expressly prohibited. LICENSEE may make a reasonable number of copies of the User Manual to the extent reasonably required for its use of the Software and Product as permitted by this EULA; provided that LICENSEE may not use the User Manual separately from the Product or Software or for any purpose other than as contemplated herein.

LICENSEE may not: (a) modify, adapt or otherwise change the Software or in any way remove the Software from the Product for any reason or use the Software separately from the Product for any reason or purpose; (b) to the maximum extent permitted to be restricted by applicable law, reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Software; (c) create derivative works based on the Software or the User Manual; (d) except as expressly permitted by the EULA, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Software or User Manual (the Software and User Manual being the confidential information of ecobee); or (e) use Software to access or in conjunction with any other thermostat monitoring services or Products of any ecobee competitor.

ecobee may in its discretion, without any obligation to do so and subject to the limitations of this EULA, provide LICENSEE with help-desk telephone support concerning LICENSEE’s use of the SOFTWARE to the extent provided for in the Product Terms of Sale in connection with purchase and sale of the Product and the Terms of Service entered into by you and ecobee, if any, in connection with the thermostat monitoring and data management services provided by ecobee in connection with the Product. Refer to the Product Terms of Sale and/or the Terms of Service associated with the Product and related services for further details on Software and Product support.

LICENSEE agrees that damages would not be an adequate remedy for any breach of this EULA affecting or related to a breach or misappropriation of ecobee�� (or its or its third party licensors��) intellectual property rights in and to the Software and User Manual. LICENSEE, and nothing in this EULA, shall interfere with, delay, obstruct, or prevent ecobee from taking, or require ecobee to take, any steps prior to taking action to seek an interim and interlocutory equitable remedy on notice or ex parte to enforce any provision herein to protect its rights concerning the Software or other intellectual or proprietary rights. LICENSEE agrees not to contest, object to, or otherwise oppose an application for equitable relief by ecobee in such circumstances and LICENSEE waives any and all immunities from any equitable relief to which it may be entitled. Any such relief or remedy shall not be exclusive, but shall be in addition to all other available legal or equitable remedies. LICENSEE agrees that the provisions of this Section are fair and reasonable and are necessary to protect ecobee�� intellectual property rights.

10. Termination: This EULA is effective until and unless terminated. Subject to Section 13, this EULA will terminate automatically if LICENSEE fails to comply with any provision of the License. If LICENSEE is a business entity or other entity, any failure to comply with the terms and condition of this EULA by any individual employed or engaged by such entity will be deemed a failure to comply by LICENSEE. Upon any termination, LICENSEE shall destroy all copies of Software and User Manual.

(a)ecobee shall provide its standard Product and Software limited warranty statement (“Customer Warranty��), which equally applies to the Software embedded in the Product, and which is incorporated by reference herein, with the Product for your benefit only. In the event of an Error in connection with the Software, refer to the Customer Warranty and Terms of Sale provided with the Product for further detail. (b) EXCEPT FOR THE REPRESENTATIONS, WARRANTIES, AND COVENANTS EXPRESSLY CONTAINED IN THIS EULA, THE PRODUCT TERMS OF SALE AND THE PRODUCT WARRANTY, THE SOFTWARE AND SOFTWARE DOCUMENTATION AND ANY SUPPORT IS PROVIDED ON AN “AS IS�� BASIS, AND THERE ARE NO OTHER REPRESENTATIONS, WARRANTIES, COVENANTS, OR CONDITIONS, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE), INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, CORRECTNESS, FUNCTIONALITY, RELIABILITY, ACCURACY, CURRENTNESS, OPERATION, USE OR THE RESULTS OF THE USE BY LICENSEE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE (OR THAT ALL ERRORS CAN OR WILL BE CORRECTED) OR THAT THE SOFTWARE OR SOFTWARE DOCUMENTATION WILL MEET LICENSEE’S REQUIREMENTS, ALL OF WHICH ARE EXPRESSLY DENIED AND DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS ON OR EXCLUSIONS OF CERTAIN IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN CIRCUMSTANCES. ecobee DISCLAIMS AND SHALL HAVE NO LIABILITY TO LICENSEE FOR ANY AND ALL ACTS OF THIRD PARTIES. NO OTHER PERSON IS AUTHORIZED TO EXTEND, VARY OR TRANSFER ANY PROVIDED WARRANTY ON BEHALF OF ecobee. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE SOFTWARE, SOFTWARE DOCUMENTATION AND ANY PROVIDED SUPPORT IS ASSUMED BY LICENSEE.

IN NO EVENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW SHALL ECOBEE, ITS SHARE-HOLDERS, AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES (COLLECTIVELY THE “ECOBEE PARTIES��) BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITH RESPECT TO LOSS OF, OR DAMAGE TO, DATA OR COMPUTER SYSTEMS OR RELIANCE ON ANY DATA DERIVED FROM LICENSEE’S USE OF THE SOFTWARE, OR LOSS OF REVENUE OR PROFIT OR OTHER ECONOMIC LOSS) OF ANY KIND OR NATURE WHATSOEVER SUFFERED BY LICENSEE OR ANY THIRD PARTY HOWSOEVER CAUSED AND WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR OTHERWISE (INCLUDING AS A RESULT OF OR DUE TO USE OF OR RELIANCE ON THE SOFTWARE AND/OR ECOBEE REMOTE APPLICATIONS) AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ecobee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ECOBEE PARTIES�� TOTAL LIABILITY AND OBLIGATION TO LICENSEE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN ANY CONNECTION WITH THIS EULA, THE TERMS OF SALE IN CONNECTION WITH YOUR PURCHASE OF THE PRODUCT AND YOUR USE OF THE SOFTWARE AND PRODUCT, WITH RESPECT TO ANY EXPENSE, DAMAGE, LOSS, INJURY, OR LIABILITY OF ANY KIND, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, BY STATUTE OR OTHERWISE) SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES SUFFERED AND SHALL NOT EXCEED AN AMOUNT THAT IS EQUIVALENT TO THE PURCHASE PRICE OF THE ecobee PRODUCT ACTUALLY PAID BY LICENSEE. THIS SECTION SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT.

The parties acknowledge and agree that the provisions of Sections 2, 6, 7, 9, 11(b), 12, 13, 14, 15, 16, 17, and 19 shall survive any termination of this EULA for any reason.

The parties declare that they have required that this agreement and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afférents, soit pour le présent ou le futur, soient rédigés en langue anglaise seulement.

This EULA shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada. For the purpose of all legal proceedings this EULA shall be deemed to have been performed in the Province of Ontario, Canada and the parties expressly confirm that the law of the Province of Ontario is the proper law. If Customer is located in a jurisdiction other than Canada, the parties agree that neither the United Nations Convention of the International Sale of Goods or the (U.S.) Uniform Computer Information Transactions Act shall apply to this EULA. The parties irrevocably attorn to the nonexclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder.

LICENSEE acknowledges that the Software may be subject to export and import control laws, and agrees to comply fully with those laws in connection with the Software.

No delay or omission by ecobee to exercise any right or power it has under this EULA or to object to the failure of any covenant of LICENSEE to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by ecobee must be in writing and signed by an authorized representative of ecobee. If any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this EULA, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of this EULA shall be valid and enforceable to the extent granted by law. The EULA constitutes the entire agreement between the parties as it relates to the license and use of the Software and User Manual and the subject matter of this EULA and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between ecobee and LICENSEE. The EULA may only be amended or supplemented by written agreement executed by each of the parties.

Headings are inserted for convenience of reference only and will not affect the construction or interpretation of the Agreement. Where the word “including�� or “includes�� is used herein, it means “including without limitation�� or “includes without limitation��, respectively. The language used in this EULA are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.

Please send notices by care of e-mail to: [email protected] (or) by our Mailing Address: ecobee. 207 Queens Quay W, Suite 600, Toronto ON, M5J 1A7, Canada.

Copyright © 2008-2024. ecobee Technologies ULC. All Rights Reserved. “ecobee�� and any marks and logos are Federal Registered Trademarks of ecobee Inc. All other trademarks listed are the property of their respective owners.