Last updated: January 8th, 2026
Last updated: January 8, 2026
These Terms of Service (“Terms”) govern your access to and use of the website located at simplyagnostic.com (the “Site”), and any products, software, firmware, and services offered by Simply Agnostic Controls, Inc., a Delaware corporation (“Simply Agnostic,” “SAC,” “we,” “us,” or “our”), including HVAC control hardware and related cloud services (collectively, the “Offerings”).
By accessing the Site or purchasing or using any Offerings, you agree to these Terms. If you do not agree, do not use the Site or Offerings.
You must be at least 18 years old (or the age of majority where you live) to place an order. By placing an order, you represent that you have the legal authority to do so.
We may update these Terms from time to time. If we make changes, we will post the updated Terms on the Site and update the “Last updated” date. Your continued use of the Site or Offerings after changes become effective means you accept the updated Terms.
a. Orders and acceptance. All orders are subject to our acceptance. We may decline or cancel an order for any reason, including suspected fraud, pricing errors, or supply limitations.
b. Pre-orders. If an item is offered as a pre-order, we may collect a deposit or full payment before shipment. Estimated ship dates are non-binding and may change due to manufacturing, supply chain, certification, or other factors.
c. Deposits and final payment. If your pre-order requires a deposit, we will notify you when final payment is due before shipment. If you do not complete final payment by the stated deadline, we may cancel your order.
d. Cancellation before manufacturing lock. For pre-orders, we may send a notice prior to manufacturing (a “manufacturing lock notice”) giving you a final opportunity to cancel before we commit your unit to production. If you cancel before the deadline in that notice, we will refund any refundable amounts consistent with Section 4.
e. Prices, taxes, and fees. Prices are listed in USD unless stated otherwise. Prices may change at any time, but changes will not affect accepted orders. You are responsible for applicable taxes, duties, and government fees.
a. Pre-orders. Refundability of pre-order deposits (if any) will be stated at checkout or in your invoice/receipt. If we do not state otherwise, deposits are refundable only until the manufacturing lock deadline described above.
b. Shipped hardware. If we offer returns, the return window, condition requirements, and fees (if any) will be described on the Site or in your receipt. Unless required by law, we may refuse returns for used, damaged, incomplete, or non-resalable items.
c. Cancellations by us. If we cancel your order after payment, we will refund the amount paid for the cancelled item(s), unless the cancellation is due to suspected fraud or misuse.
d. Chargebacks. If you initiate a chargeback without first contacting us to resolve the issue, we may suspend access to related software/services and refuse future orders, to the extent permitted by law.
Shipping options and estimated delivery times will be displayed at checkout or provided in order communications. Risk of loss passes to you upon delivery to the carrier, unless otherwise required by law. If a shipment arrives damaged, you must notify us within a reasonable time and keep all packaging for claims processing.
a. Warranty coverage. SAC warrants that SAC-branded hardware products (the “Hardware”) will be free from defects in materials and workmanship under normal intended use for one (1) year from the date the Hardware is delivered to the original purchaser (the “Warranty Period”).
b. What SAC will do. If a Hardware defect arises and you notify us during the Warranty Period, SAC will, at its option:
c. What is not covered. This warranty does not cover issues caused by:
d. How to make a warranty claim. To request warranty service, email info@simplyagnostic.com with:
We may require troubleshooting steps before issuing a return authorization (“RMA”). Warranty service may be denied if the Hardware is returned without an RMA.
e. Shipping for warranty service. Unless prohibited by law:
f. Warranty is limited. This warranty applies only to the original purchaser and is not transferable except where required by law. Replacement Hardware may be covered only for the remainder of the original Warranty Period (or longer if required by law).
g. Your legal rights. Some jurisdictions do not allow certain warranty limitations, so some of the terms above may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary by jurisdiction.
a. License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the software and firmware we provide solely with the applicable SAC hardware and for your internal business or personal use.
b. Updates. We may provide updates, patches, or changes to software/firmware and cloud services. Some updates may be required for security or functionality.
c. Availability. Cloud services may be modified, suspended, or discontinued, and may experience downtime. We do not guarantee uninterrupted availability.
d. Beta features. Some features may be labeled alpha, beta, or preview. They may be unstable and are provided “as is.”
If any part of the Offering(s) is provided on a subscription basis (“Subscription”):
You agree not to:
HVAC controls can cause equipment damage, property damage, or unsafe conditions if installed or configured incorrectly.
You are responsible for ensuring that installation, wiring, configuration, and operation of any SAC hardware complies with applicable codes, manufacturer instructions, and best practices. If you are not qualified, use a licensed professional. We are not responsible for damages arising from improper installation, misuse, or operation outside intended use.
The Site and Offerings (including software, firmware, text, graphics, trademarks, and designs) are owned by SAC or its licensors and are protected by intellectual property laws. Except for the limited license granted above, you receive no rights to SAC intellectual property.
If you provide feedback or suggestions, you grant us a perpetual, worldwide right to use that feedback without restriction or compensation.
Some features may rely on third-party services (for example payment processors, carriers, or integrated platforms). We are not responsible for third-party services and do not guarantee their availability or performance.
EXCEPT FOR THE LIMITED HARDWARE WARRANTY IN SECTION 6, to the maximum extent permitted by law, the Site and Offerings are provided “as is” and “as available.” We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
To the maximum extent permitted by law, SAC will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business interruption.
To the maximum extent permitted by law, SAC’s total liability for any claim relating to the Offerings will not exceed the amount you paid to SAC for the product or service that gave rise to the claim in the 12 months before the event giving rise to liability.
You agree to defend, indemnify, and hold harmless SAC and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising from your use of the Site or Offerings, your violation of these Terms, or your violation of any law or third-party rights.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Offerings will be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there, except where prohibited by applicable law (including consumer protection laws that provide you the right to bring claims in your home jurisdiction).
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a merger, acquisition, or sale of assets.
Questions about these Terms can be sent to:
info@simplyagnostic.com
