Terms of Service

1) Eligibility

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.

2) Changes to These Terms

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.

3) Purchases and Payments

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. 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.

4) Returns, Refunds, and Cancellations

a. Shipped hardware. You may return Hardware within thirty (30) days of delivery for a full refund of the purchase price, with no restocking fee. Email info@simplyagnostic.com for a return authorization ("RMA") before shipping anything back; returns without an RMA may be refused. You are responsible for return shipping. Unless required by law, we may refuse returns for items that are damaged, incomplete, or altered.

b. 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.

c. Delayed shipments. Some items are built to order and ship on the estimated timeline shown at checkout. If we cannot ship by that estimated date, we will notify you by email with a revised date, and you may cancel your order for a full refund. If a revised date passes without shipment, we will cancel the order and refund you in full unless you tell us to continue waiting.

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.

5) Shipping and Risk of Loss

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.

6) Limited Hardware Warranty (One Year)

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:

• repair the Hardware,
• replace the Hardware (with new or refurbished units), or
• refund the amount paid for the affected Hardware (excluding shipping, taxes, and duties unless required by law).

c. What is not covered. This warranty does not cover issues caused by:

• improper installation, wiring, commissioning, configuration, or use outside intended applications
• failure to follow instructions, code requirements, or manufacturer specifications
• misuse, abuse, negligence, accidents, vandalism, or environmental conditions (including moisture intrusion, corrosion, extreme heat, or dust)
• power issues such as surges, brownouts, lightning, improper grounding, or incorrect transformers
• unauthorized modification, repair, or alteration (including use of non-SAC parts or accessories not approved by SAC)
• cosmetic damage that does not affect functionality
• normal wear and tear, or consumable components (if any)

d. How to make a warranty claim. To request warranty service, email info@simplyagnostic.com with:

• your name and contact information
• order number or proof of purchase
• serial number (if applicable)
• a description of the issue, plus any photos, logs, or context that helps diagnosis

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:

• You are responsible for shipping the Hardware to SAC (or our designated service location).
• SAC will pay return shipping for Hardware confirmed to have a covered defect within the Warranty Period.
• If we determine the issue is not covered, we may offer a paid repair/replacement option and/or return the unit at your expense.

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.

7) Software, Firmware, and Cloud Services

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."

8) StatIQ Subscription Terms

The StatIQ platform is billed as a subscription:

• Unit of billing. StatIQ is billed per connected device — a piece of equipment a gateway talks to, not the gateway itself.
• When billing starts. Billing for a gateway's connected devices starts when the gateway is paired to a StatIQ account.
• Auto-renewal. Subscriptions renew monthly until cancelled.
• Cancellation. You may cancel any device at any time; it drops off the next invoice. Cancelling does not affect the operation of your equipment — SAC gateways read and report, they do not control your HVAC.
• Data retention. After cancellation, stored data remains available for sixty (60) days. If you resume service within that window, your history is intact. After 60 days we stop storing new data for the cancelled device.
• Export. You can export your data at any time, including after cancellation within the retention window.

9) Your Data

Data reported by your equipment through SAC gateways belongs to you, the customer. You represent that you have the authority to connect equipment in the buildings where you install SAC hardware, including buildings you do not own.

SAC owns de-identified, aggregated data derived from the service and may use it to improve its products, provided it does not re-identify that data or disclose it in a form that identifies you or your sites.

10) Acceptable Use

You agree not to:

• Use the Site or Offerings in a way that violates any law or regulation
• Reverse engineer, decompile, or attempt to extract source code except where prohibited by law
• Interfere with or disrupt the security or operation of the Site or cloud services
• Use the Offerings to harm others or damage property
• Use the Offerings in any life-safety, emergency, or hazardous applications where failure could lead to injury, death, or catastrophic damage

11) Installation and Safety

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.

12) Intellectual Property

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.

13) Feedback

If you provide feedback or suggestions, you grant us a perpetual, worldwide right to use that feedback without restriction or compensation.

14) Third-Party Services

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.

15) Disclaimers

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.

16) Limitation of Liability

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.

17) Indemnification

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.

18) Governing Law; Venue

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).

19) Miscellaneous

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.

20) Contact Us

Questions about these Terms can be sent to:

info@simplyagnostic.com

See also our Privacy Policy.