Mysa Terms and Conditions

Last updated: November 10, 2020

 

These Terms and Conditions (the “Terms”) govern your rights and obligations regarding your access and use of the websites (including www.getmysa.com), applications (including the Mysa App), and software, and any content, documentation, functionality, products, and services offered thereon (collectively, the “Site”) provided by Empowered Homes Inc. or our subsidiaries or affiliates (“Mysa”, “we”, “us”, or “our”). These Terms constitute a fully binding agreement between Mysa and you, the user of the Site and/or the purchaser of a Product specified in an order (herein referred to as “you” and “your”), so please read them carefully.

 

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, FOUND AT MYSA SUPPORT – PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE ACCESS AND USE OF THE SITE.

 

By using the Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Mysa. If you are under the legal age of majority, you must not access or use the Site.

 

In addition, upon submitting an order to complete the purchase of a Mysa product (“Product”), you hereby represent and agree to the following:

  1. you have read and agree to these Terms;
  2. you have full power and authority to agree to these Terms and, if purchasing on behalf of a company or entity, you have full authority to bind such company or entity; and
  3. you will be required to register with Mysa via the Mysa App in order to fully access all functionalities of the Product.

 

Unless otherwise expressly set out in these Terms, Mysa reserves the right, in its sole discretion, to revise, modify and update these Terms from time to time without notice to you. The date on which these Terms were last updated will appear at the top of this page, and any and all such modifications are effective immediately upon posting. Your continued use of the Site after any such modifications constitutes your acceptance of, and your agreement to be bound by the new Terms. You should periodically review these Terms so that you are aware of any revision to which you are bound. If we intend to make what we deem to be a material change to these Terms, we will provide you with advance notice in accordance with these Terms.

 

The Site (or any portion thereof) may be changed, suspended, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.

 

1. Mysa App and Registration

 

In order to fully access all functionalities of the Product and certain parts of the Site, you will be required to register an account (a “Mysa Account”) via the Mysa App. The “Mysa App” is the application owned by Mysa that integrates with the Product and enables users to operate and manage the Product remotely, create schedules, implement vacation mode, create zones, view energy charting, and other features that may become available. 

 

In order to open a Mysa Account, you will be required to submit your name and an active email address. You are solely responsible for maintaining the confidentiality of the password associated with your Mysa Account and accept responsibility for all activities that occur under your Mysa Account. Mysa endeavours to use reasonable security measures to protect against unauthorized access to your Mysa Account but Mysa cannot guarantee absolute security of your Mysa Account and cannot promise that our security measures will prevent third-party “hackers” from illegally accessing your Mysa Account. If you become aware that there has been, or have reason to suspect that there may be, unauthorized use of your Mysa Account, or any other breach of security, you agree to immediately notify Mysa at privacy@getmysa.com, and to immediately take all necessary steps to prevent such unauthorized access, including changing your password.

 

Mysa reserves the right at any time and from time to time, to disable or terminate your Mysa Account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.

 

2. License; Use of the Site and the Products

 

Subject to and conditional on your strict compliance with all terms and conditions set forth in these Terms and the Privacy Policy, Mysa grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Site. You may only access and use the Site for personal and non-commercial purposes. The limited license does not permit you to download (other than for page caching purposes) or modify the Site, or any portion of it, except with Mysa’s express written consent Mysa further grants to you a limited, revocable, and non-exclusive right to create a hyperlink to our website or any Dynamic Deep Link (DDL) of Mysa so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. 

 

The Mysa App will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) a Mysa Account; (iii) an enabled and supported wireless device, such as a phone or tablet (required for some features and functionalities of the Mysa App); (iv) always-on broadband Internet access in your home with bandwidth sufficient to support the Products you use; and (v) other system elements that may be specified by Mysa. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Products and the Site may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to ensure they are compatible and properly configured to work with the Products and the Site.

 

The Site may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or any other reason in our sole discretion. You agree that you will not be entitled to any refund or rebate for such suspensions. Mysa does not offer any uptime guarantee for the Site.

 

You are solely responsible and liable for any Product installations and use of the Products and the Site. An installation guideline is available to you for general guidance purposes only, which is available at Mysa Support – Installation. IF A PRODUCT IS NOT PROPERLY INSTALLED, OR IF A PRODUCT OR ANY OF ITS SENSORS ARE OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY EXPERIENCE FALSE ALARMS OR DETECTION FAILURES. It is your responsibility to test the Products once installed to be sure the Products (and any related sensors, components and peripherals) are functioning and communicating as intended and designed. You are solely responsible for regularly testing and maintaining the Products after installation.  Furthermore, it is your responsibility to ensure that prior to installation, the Product meets your local regulations and codes and is installed in accordance with such requirements.

 

The Products and the Site, whether standing alone or when interfaced with Third Party Services, are not certified for emergency response, unless expressly approved and certified by Mysa as enabled for central station monitoring through a professional central station monitoring facility. Mysa makes no warranty or representation that use of the Products or the Site with any Third Party Service will affect or increase any level of safety. You understand that under no circumstances will Mysa dispatch emergency authorities to your home in the event of an emergency.

 

The Products and the Site, including functionalities such remote access and mobile notifications, are not error-free or 100% reliable, and are not always available. Service may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, or priority access by emergency responders in the event of a disaster or emergency (collectively “Service Interruptions”). You agree that you will not rely on the Products or the Site for any life safety or critical purposes. Mobile notifications regarding the status and alarms on your Products are provided for informational purposes only and are not a substitute for a third party monitored emergency notification system. Mysa cannot provide specific information relating to a situation in your home or elsewhere.

 

The Site provides you with information regarding the Products (“Product Information”) and their connection with other products and services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Site is not a substitute for direct access of the information in the home.

 

3. Submissions

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, reviews, testimonials, photos, videos, materials, and other information about the Site, or our products and services (collectively, “Submissions”) that you submit, post, publish, display, transmit, or otherwise provide to us, whether through the Site, via e-mail, or otherwise, are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you. By providing Submissions, you hereby grant to Mysa, its successors and assigns, now and in the future, a non-exclusive, worldwide, royalty-free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to use, copy, reproduce, modify, alter, adapt, translate, perform, publish, display, distribute, store, transmit, stream, broadcast, make available, create derivative works, and disclose to third parties any such Submissions for any purpose and to incorporate such material into any form, medium or technology now known or later developed throughout the world, and you further waive any moral rights or other rights of authorship to such Submissions. By providing the Submissions, you represent and warrant that you own or have the necessary rights to provide the Submissions and have the right to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, rights of publicity, copyrights, and any other intellectual property or proprietary rights. You further represent and warrant that all Submissions provided by you are comply with all applicable laws, rules, and regulations and the Site Content Standards set out in these Terms.

 

You understand and agree that you, not Mysa, are fully responsible for any Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Submissions submitted by you.

 

4. Conditions of Use

 

As a condition of your access and use, you agree as follows:

You will not copy, reproduce, modify, alter, translate, adapt, reverse engineer, disassemble, decompile, decode, decrypt, hack, attempt to derive or gain access to the source code of or create derivative works or improvements of the Products, the Site, or any parts, features or functionalities thereof;

    1. You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, publicly perform, transmit, stream, broadcast, or make available, the Site, or any features or functionality thereof, to any third party for any reason.
    2. You will not remove, delete, alter, obscure, any copyright, trademark, patent, brand element, or other intellectual property or proprietary rights notices provided on the Site.
    3. You may not frame, or use any framing techniques to enclose any trademark, brand element, or other proprietary information (including images, text, flash movie, page layout, or form) that appear on the Site.
    4. You may not use meta tags or any other “hidden text” which utilize our names, domain, trademarks, or derivatives thereof.
    5. You will not access or use the Site or Products for purposes of competitive analysis, the development of a competing product, copying and/or exploiting ideas, features, functions, or the appearance of the Site or Product, or any other purpose that is to our disadvantage.
    6. You will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.
    7. You will not introduce or distribute any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    8. You will not attempt to gain unauthorized access to or impair any aspect of the Site, or its related systems or networks.
    9. You will not impersonate, attempt to impersonate, or otherwise misrepresent your affiliation with Mysa, a Mysa employee, another user, or any other person or entity (including, without limitation, by using email addresses, associated with any of the foregoing).
    10. You will not provide or contribute any false, inaccurate, or misleading information.
    11. You will not participate in any form of action or conduct, or submit any Submissions, that: 
      1. are exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground;
      2. interfere or violate any third party’s, or any other user of the Site’s, right to privacy, or other rights, including intellectual property rights;
      3. cause annoyance, inconvenience, or needless anxiety to other users of the Site, or any third party;
      4. are likely to upset, embarrass, or alarm any user of the Site or any third party; or
      5. may otherwise have a disruptive, destructive, or negative impact on Mysa, other users of the Site, or any third party.
    12. You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Mysa or users of the Site or expose them to liability.
    13. You will not promote or engage in any illegal activity, or advocate, promote, or assist any unlawful act.
    14. You will access and use the Site and Products only for lawful purposes and in accordance with these Terms.
    15. You will not, in any manner, violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or submit Submissions that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

5. Site Monitoring

 

We have the right, without provision of notice to:

  • Remove or refuse to post on the Site any Submissions for any or no reason in our sole discretion.
  • At all times, take such actions with respect to any Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Conditions of Use.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.

 

YOU WAIVE AND HOLD HARMLESS MYSA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, VENDORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “MYSA PARTIES”) FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE MYSA PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER MYSA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

 

We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

 

6. Intellectual Property

 

You understand and agree that the Products and the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Mysa, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

 

Our name, Mysa, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Mysa or its affiliates and licensors. You must not use such marks without the prior written permission of Mysa. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

 

By using the Site, you agree to respect all copyright, trademark and other legal notices, information, and restrictions contained in any of the content that we provide through the Site. We do not grant you a right or license to reproduce content from the Site, for any reason.

 

Further, you acknowledge and agree that the sale of any Products (or any other products or services) to you does not constitute the transfer of any intellectual property or industrial rights in and to those products and services. In particular, by purchasing a Product, you do not have the right reverse engineer, copy, or reproduce the Product. Mysa is and will the sole and exclusive owner of all intellectual property and industrial rights in and to each product and service made available on this Site, including, but not limited to, all related copyrights, patents, industrial designs, and trademarks.

If you believe that anything on or available through the Site infringes upon any copyright which you own or control or that of another third party, please contact us immediately at https://getmysa.com/contact/.

 

7. Refund Policy

 

If you purchased a Product directly from Mysa, we will accept a return of the Products for a refund of the purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days from the date of purchase (or thirty (30) days from order release date for pre-order customers) and provided such Products are returned in their original condition in which they were received, with all original components, literature, warranties and packaging. We may accept returns for damaged Products in our sole discretion. If we accept a return for a damaged Product, cosmetically or otherwise, we reserve the right to charge a restocking fee and deduct the fee from any amounts owed to you in connection with the return.

 

To return Products, please visit the Mysa website at Mysa Support - Returns to initiate the return process. After we receive your written request, we will respond with further instructions about returning the Product(s) to us. 

 

Upon receiving the returned Product(s) from you, we will process any refunds due to you within approximately thirty (30) days of our receipt of the returned Product(s). Your refund will be credited back to the same payment method used to make the original purchase on the Site. We will not refund your cost of returning the Product(s) to us and you are responsible for all shipping and handling charges on returned items, unless otherwise specified. You bear the risk of loss during shipment.

 

If you purchased the Product from an authorized reseller, you must request a refund directly from the reseller. Returns, and requests for refunds, to resellers are subject to the reseller’s return/refund policy, which may differ from Mysa's policy.  

 

8. Energy Savings Guarantee

 

Mysa offers a 1-year guarantee that your use of the Product will result in a reduction in energy consumption, subject to the following conditions: 1. the Product was purchased from Mysa directly by placing an order on www.getmysa.com; 2. the Product was purchased on or after May 15, 2020; 3. the Product was purchased within twelve (12) months of the submission of your refund request; 4. the Product had been installed, connected to the internet, and in use for at least six (6) months prior to the submission of your refund request, and you used the Mysa App features such as scheduling during this time. If the foregoing conditions are met, Mysa will accept a return of the Product(s) for a refund of the purchase price, less the original shipping and handling costs provided such Products are returned in a fully functioning condition, with all original components, literature, warranties and packaging.

 

To claim a refund under our energy savings guarantee, please submit a request at Energy Savings Guarantee Request

 

Please visit Energy Savings Guarantee for more information about our energy savings guarantee.

 

9. Privacy

 

Our Privacy Policy is located at Mysa Support – Privacy Policy. Our Privacy Policy, which is incorporated herein by reference, sets out our practices regarding the collection, use and disclosure of your personal information.

 

10. Third Party Services and Sites

 

Our Site relies on and/or inter-operates with third party products and services (“Third Party Services”). These Third Party Services are beyond Mysa’s control, but their operation may impact the use and reliability of the Site. You acknowledge and agree that: (i) the use and availability of the Site is dependent on the providers of the Third Party Services, (ii) these Third Party Services may not consistently operate in a reliable manner or be available at all times, and they may impact the way that the Site operates, and (iii) Mysa is not responsible for damages and losses of any kind due to the operation of these Third Party Services.

 

For your convenience, the Site may provide links to websites, applications, or resources provided, operated, or maintained by parties other than Mysa (“Third Party Sites”). We make no representations about any Third Party Sites that may be accessed from the Site. If you choose to access any such Third Party Sites, you do so at your own risk. We have no control over the contents or the availability of any such Third Party Sites and accept no responsibility or liability for such Third Party Sites or for any loss or damage that may arise from your use of them. By accessing such Third Party Sites, you are consenting to the terms of service and privacy policies of those Third Party Sites. You should read the terms of service and privacy policies of such Third Party Sites, and make an informed decision whether or not to use these Third Party Sites based upon their practices and your discretion.

 

11. Limitation of Liability

 

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE SHALL ANY OF THE MYSA PARTIES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR ACCESS TO AND/OR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY THIRD PARTY WEBSITES, OR THE PRODUCTS; . 

 

IN NO EVENT SHALL ANY OF THE MYSA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING YOUR MOBILE DEVICE) OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF OUR PRODUCT AND/OR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE MYSA PARTIES SHALL NOT BE LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SITE IS CONTROLLED AND OFFERED BY MYSA FROM ITS FACILITIES IN CANADA AND USA. MYSA MAKES NO REPRESENTATIONS THAT THE SITE OR PRODUCTS ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR PRODUCTS FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

MYSA AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MYSA PARTIES OR THOUGH THE SITE SHALL CREATE ANY WARRANTY OR LIABILITY.

 

YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF MYSA IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF MYSA OR GROSS NEGLIGENCE OF MYSA IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.

 

12. Indemnification

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Mysa Parties from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including legal fees) arising out of or in connection with: (i) your use of the Products, the Site and/or the Submissions you submit through the Site; (ii) your breach or violation of these Terms or the Privacy Policy; or (iii) your violation of the rights of another person or entity. Without limiting your indemnification obligations described herein, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

You agree to release the Mysa Parties from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Products and/or the Site. If at any time you are not happy with the Products and/or the Site, your sole remedy is to cease using them and refer to our Warranty Policy available at Mysa Support – Warranty.

 

13. Warranties

 

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR THE LIMITED PRODUCT WARRANTY DESCRIBED IN OUR WARRANTY POLICY, MYSA DISCLAIMS ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND THE PRODUCTS. NEITHER MYSA NOR ANY PERSON ASSOCIATED WITH MYSA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE PRODUCTS. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER MYSA NOR ANYONE ASSOCIATED WITH MYSA REPRESENTS OR WARRANTS THAT THE SITE OR THE PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SUBMISSIONS, STATEMENTS AND INFORMATION SUBMITTED BY THIRD PARTIES AND MADE AVAILABLE ON THE SITE DOES NOT REPRESENT THE VIEWS OF MYSA AND MYSA CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR THEREIN.

 

14. Termination

 

Mysa reserves the right, in its sole discretion to terminate your right to access and use the Site if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for Mysa.

 

15.  Product(s) Title and Risk

 

Title and risk of loss of all Product(s) sold hereunder shall pass to you, as the purchaser of the Products, upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

16. Reliance on Information

 

The information presented on or through the Site or with the Product is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you. Mysa will not be liable on account of any inaccuracy of information accessed through the Site or included with the Product, and it is your responsibility to further research the information. Product features, dimensions and other specifications included in Mysa’s sales literature or Product Information are subject to change. Without affecting its obligations under an order, Mysa may make changes in the specifications of the Product(s) delivered under an order from those contained in sales literature or Product Information.

 

17. Entire Agreement; Severability 

 

These Terms, together with the Privacy Policy and any other policies incorporated herein by reference, constitutes the entire agreement between you and Mysa in relation to your use of the Product and/or the Site, and supersedes any prior or contemporaneous understandings, representations, warranties, inducements or agreements relating to its subject matter. You agree that these Terms are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

18. Assignment

 

You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Mysa, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.

 

19. No Waiver

 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

20. Force Majeure 

 

Mysa shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen events including, without limitation, acts of God, natural disasters, fire, floods, accidents, epidemics, pandemics (including the COVID-19 pandemic), war, terrorism, riots, embargoes, acts of civil or military authorities, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

21. Governing Law

 

These Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule, and notwithstanding your domicile, residence, or physical location. Any and all disputes arising under this Agreement, whether as to interpretation, performance or otherwise, shall be subject to the jurisdiction of the courts of the Province of Newfoundland and Labrador, Canada, and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of the Province of Newfoundland and Labrador, Canada. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

22. Language

 

It is the express wish of the parties that these Terms and any related documents be drawn up in the English language. Les parties confirment qu’il est de leur volonté expresse et réciproque que cette convention et tout document qui s’y rattache soient rédigés en anglais.

 

23. Contact Us

 

If you have any questions or concerns regarding these Terms or pertaining to our Products or Services, please contact us through the support portal at Mysa Support - Contact.

 

24. Preferred Installer for Product Installation Services

24.1. Mysa Pro – Preferred Installers

 

As a convenience to our customers, we offer a Preferred Installer Program, connecting customers with independent providers (“Preferred Installers”) who offer installation services for the Products (“Product Installation Services”). Preferred Installers are independent parties and there is no partnership, joint venture, franchisor-franchisee, employment, contractor or agency relationship between Preferred Installers and Mysa. Mysa makes no guarantees, promises, warranties, conditions or representations of any kind regarding the qualifications, skills, licenses, permits or representations of the Preferred Installer, nor the services they provide, including the Product Installation Services.

 

24.2. Mysa Pro – Contact Requests

 

A customer can submit a request for a contact to a Preferred Installer via the Mysa Pro Contact Request Form ("Mysa Pro Contact Request") concerning the installation of Mysa Products. To submit a valid Mysa Pro Contact Request, you must provide the required contact information. Upon receipt of a Mysa Pro Contact Request, if there are any potentially appropriate Preferred Installers in your area, Mysa will provide you with their contact information. Mysa does not and cannot guarantee that there will be Preferred Installers who are capable of or willing to complete the Product Installation Services at the time and place requested or that your calls will be answered or returned by the Preferred Installer. The provision of contact information for Preferred Installers is done as a convenience to Mysa customers and should not be deemed as an endorsement by Mysa of the Preferred Installer or the services they provide.

 

Should Mysa provide you with contact information for potentially appropriate Preferred Installers in your area and you choose to make contact and, with careful consideration, you choose to engage the Preferred Installer for Product Installation Services, you and the Preferred Installer shall directly enter into an agreement for the Product Installation Services and you shall pay the Preferred Installer directly for the services rendered. Any such agreement is solely between you and the Preferred Installer. Mysa is not and will not be a party to or a third-party beneficiary of any agreements entered into and between you and Preferred Installer.

 

24.3. Verification

 

Mysa does not verify information or documents provided by Preferred Installers and expressly disclaims any guarantees, representations, conditions or warranties concerning such information. IT IS YOUR RESPONSIBILITY TO PERFORM YOUR OWN DUE DILIGENCE WITH RESPECT TO PREFERRED INSTALLERS, INCLUDING TO DETERMINE WHETHER THE PREFERRED INSTALLER: (I) IS APPROPRIATELY QUALIFIED AND LICENSED FOR THE PRODUCT INSTALLATION SERVICE; (II) IS FREE OF SIGNIFICANT FEDERAL, STATE/PROVINCIAL OR MUNICIPAL JUDGMENTS OR DISCIPLINARY PROCEEDINGS BEFORE PROVINCIAL COLLEGES OF TRADES IF APPLICABLE; AND (III) CARRIES APPROPRIATE INSURANCE OR BONDING AT APPROPRIATE LIMITS. MYSA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY YOU FROM ANY SOURCES, INCLUDING GOVERNMENT AGENCIES OR THIRD PARTY SOURCES, IS ACCURATE, ERROR FREE, IS UP TO DATE, OR UPDATED AT THE TIME THAT YOU VIEW SUCH INFORMATION.

 

24.4. No Warranty or Endorsement of Preferred Installers

 

MYSA DOES NOT WARRANT THE PREFERRED INSTALLER’S PERFORMANCE ON THE JOB OR THE SERVICES FURNISHED BY PREFERRED INSTALLER. Mysa does not contract for or perform, and is not responsible for, the provision of Product Installation Services. You expressly acknowledge and agree that your use of the Site for placing a Mysa Pro Contact Request and the use of a Preferred Installer for Product Installation Services is at your sole risk. MYSA MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PREFERRED INSTALLER FOR PRODUCT INSTALLATION SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT MYSA MAKES NO WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY PREFERRED INSTALLER.

 

24.5. Preferred Installers Payments

 

Customer is solely responsible for making arrangements for and paying the Preferred Installer for any services completed in accordance with your agreement with the Preferred Installer. Mysa shall not be liable for any claims made by the Customer relating to, or arising out of, its arrangement with the Preferred Installer.

 

24.6. Customer and Preferred Installer Disputes

 

Mysa will not directly participate in the resolution of any disputes between you and a Preferred Installer. Should you have any dispute pertaining to the Product Installation Services or the Preferred Installer, such dispute shall be addressed directly between you and the Preferred Installer. You expressly release Mysa from any claims, demands, causes of action, losses and damages (direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Product Installation Services or with your engagement of, or agreement with a Preferred Installer(s).