Ecofactor thermostat

EcoFactor energy savings EcoFactor learns from youWe remember your temperature preferences. Adapts to your changes to keep you comfortable and searches for ways to save more.Following your ScheduleScheduling your thermostat can save you up to 15% of your heating and cooling bills. Each change you make, we learn to adapt to your comfort needs.Energy SavingsEcoFactor makes small adjustments to your scheduled thermostat based on your heating and cooling patterns in your home and outside weather conditions. The dotted circle icon appears when energy savings is activated.Set Away“Set Away” is ideal for traveling or being away from the home for a period of time that’s not part of your normal schedule. This helps save you more energy.Your SavingsEcoFactor provides you with total savings for the last 12 months. You can view detailed savings report on your computer browser or iPad and total savings on your smartphone app. What’s New This app has been updated by Apple to display the Apple Watch app icon.Internal infrastructure maintenance and updates App Privacy The developer, EcoFactor, Inc., has not provided details about its privacy practices and handling of data to Apple. For more information, see the developer’s privacy policy. No Details Provided The developer will be required to provide privacy details when they submit their next app update. Information Seller EcoFactor, Inc. Size 11.9 MB Category Utilities Compatibility iPhone Requires iOS 8.0 or later. iPad Requires iPadOS 8.0 or later. iPod touch Requires iOS 8.0 or later. Mac Requires macOS 11.0 or later and a

You continue to receive Service(s) after the change, this will constitute your acceptance of the change. Please take the time to read any notices of changes to the Service(s). We are not liable for failure to deliver any Services except as provided in Section 9e.3. Access To Your PremisesYou agree to allow us and our agents the right, to enter at reasonable times, and on reasonable notice, your property upon which the Services will be provided (the "Premises"), for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing and removing the Services. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to supply us or our agent, if we ask, the owner's name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises.4.Customer EquipmentResponsibility: EcoFactor has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Services (the "Customer Equipment".)If EcoFactor certifies third party equipment as compatible with the Services, we will post a list of compatible equipment on our website at www.ecofactor.com. The list of compatible equipment may be located at an alternative site if we so notify you. To use the Services, you will need one or morethermostatsand, if required for the selected thermostat,a gateway that meets our specifications. Depending on availability in your area, you may have an option to install the thermostat and gateway yourself or to have EcoFactoror its agent install it for you. You agree to keep the thermostat and gateway connected, and your Internet connection active, at all times. Whether a thermostat, gateway/router, or other device is owned by you or us, we have the unrestricted right, but not the obligation, to upgrade or change the firmware in these devices remotely or on the Premises at any time that we determine it necessary or desirable in order to provide Services to you in accordance with our specifications and requirements. Non-Recommended Configurations: Customer Equipment that does not meet EcoFactor's minimum technical or other specifications constitutes a "Non-Recommended Configuration." NEITHER ECOFACTOR NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE OR USE THE SERVICES. YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE

Have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Definitions. As used in this Provision, the term "Dispute" means any dispute, claim or controversy between you and EcoFactor regarding any aspect of your relationship with EcoFactor that has accrued or may hereafter accrue, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision (with the exception of the enforceability of the class action waiver clause provided in paragraph F(2)). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Provision, "EcoFactor" means EcoFactor, Inc., its officers, directors, employees and agents, and all entities using the brand name "EcoFactor", including, its employees, authorized agents, and its parents, subsidiaries and affiliated companies. As used in this Provision, the term "Arbitration Provision" means all the terms of this Section 13. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY ECOFACTOR IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY MAIL TO ECOFACTOR, 1775 WOODSIDE RD., SUITE 100, REDWOOD CITY, CA 94061ATTN: LEGAL DEPARTMENT/ ARBITRATION. YOUR WRITTEN NOTIFICATION TO ECOFACTOR MUST INCLUDE YOUR NAME, ADDRESS AND ECOFACTOR ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ECOFACTOR THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH ECOFACTOR OR THE DELIVERY OF SERVICES TO YOU BY ECOFACTOR. IF YOU HAVE PREVIOUSLY NOTIFIED ECOFACTOR OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or EcoFactor elect to resolve your Dispute with EcoFactor through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may select from the following arbitration organizations, which will apply the appropriate rules for consumer claims to arbitrate the Dispute: American Arbitration Association ("AAA"), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org National Arbitration Forum ("NAF"), P.O. Box 50191, Minneapolis, MN 55405-0191, 1-800-474-2371, www.arbitration-forum.com Arbitration Procedures. Because the service provided to you by EcoFactor concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from EcoFactor may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration, however, shall not be applicable

SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH ECOFACTOR UNLESS THE STATUTE UNDER WHICH THEY ARE ASSERTING A CLAIMPROVIDES OTHERWISE. Location of Arbitration. The arbitration will take place at a location, convenient to you, in the area where you receive the service from us. Payment of Arbitration Fees and Costs. ECOFACTOR WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN ECOFACTOR'S FAVOR, YOU SHALL REIMBURSE ECOFACTOR FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE ECOFACTOR FOR ANY OF THE FEES AND COSTS ADVANCED BY ECOFACTOR. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ECOFACTOR WILL PAY ALL FEES AND COSTS WHICH IT IS REQUIRED BY LAW TO PAY. Severability. If any clause within this Arbitration Provision (other than the class action waiver clause identified in paragraph F(2)) is found to be illegal or unenforceable, that clause will be severed from the Arbitration Provision, and the remainder of the Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and a court will decide the dispute. In the event that this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and EcoFactor have each agreed to waive, to the fullest extent allowed by law, any trial by jury.Exclusions from Arbitration. YOU AND ECOFACTOR AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY ECOFACTOR THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT WHICH IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS