Terms and Conditions

This Service and the Website is available only to individuals above 13 years of age or registered companies. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.getmysa.com  in relation to your use of the Website and/ or the Services and applies to all users of the Services, whether registered or not, on the Website.

As used in this Agreement, “ www.getmysa.com  ", "we," "us," and "our" shall mean Mysa and its subsidiaries and affiliates. By accessing or using the services available through our website or mobile software (the "Services"), and you agree to be bound by these Terms of Service. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Mysa for products, services or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.

We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Mysa may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.

Mysa may review and delete any User Content posted on the relate websites, in its sole judgment [a], applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of Mysa. The Company reserves the right prevent their further access to Mysa for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive.

These Terms govern your use of the Services and Products. Furthermore, your purchase of any Product is governed by the limited warranty provided with that Product.  Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features.

Site or Sites means WWW.GETMYSA.COM


Third Party means mobile phones, mobile software, products and devices.

Representative means, an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, distributors and attorney associated with the company.

Advertising Regulation  
means any present or future  code of practice, including the Broadcast Canadian Code of Advertising,  adjudication,  decision,  direction  or  rule  of  any  Advertising  Regulator  and  includes  any  modifications,  amendments  or  extension s  thereof  in  force  from  time to time.

Content  means report text, graphics, images, music, software, audio, video, information or other materials.

Company means Empowered Homes

Ambit of Service

Mysa is a Wi-Fi enabled, line voltage thermostat that uses software to give users total control of their heating systems and help homeowners save money.
Mysa maximizes energy savings by using machine learning algorithms and big data to automate the homeowner’s heating schedule. By focusing on aesthetics and integrating smart features into Mysa, Empowered Homes is positioning Mysa as the leading high voltage thermostat.

100-day money back guarantee

You may return merchandise purchased from us for any reason for a full refund within 100 days of receipt of your shipment. You may return the device to us for any reason for a full refund. The shipping charge for the return is at your expense. Returned devices must include all original components, literature, warranties and packaging in the same saleable condition in which it was received. Refunds for returns will cover product amount and any sales taxes charged. Refunds will not be made for any shipping and handling charges. Damaged merchandise, cosmetically or otherwise, is subject to an increased restocking fee on a case-by-case basis. If an order has shipped, it is the purchaser's responsibility to accept the shipment and return the order per our return policy.

You Acknowledge And Agree:



General .

Mysa Services rely on or inter-operate with third party products and services. These third-party products and services are beyond Mysa ’s control, but their operation may impact or be impacted by the use and reliability of the Mysa Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Mysa Services operate, and (iii) Mysa is not responsible for damages and losses due to the operation of these third-party products and services.


Mysa does not control, and is not responsible for e-mails sent from outside Mysa’s domain or other means of electronic communication; and that by using the Website and the Service, you may be exposed to Content that is, inaccurate or otherwise misleading. You acknowledge and agree that you are responsible and bear all risks associated with the use of our Product and Services, and that under no circumstances will Mysa be liable in any way for any loss or damage of any kind incurred as a result of our Product and Services.

Users will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services suspended or terminated. Furthermore, the Website and Content available through the Website may contain links to other third party Websites or Apps (" Third Party Websites "), which are completely unrelated to Mysa. If you link to Third Party Websites, you may be subject to those Third Party Websites' terms and conditions and other policies.

Mysa makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other Website is completely at your own risk and Mysa disclaims all liability thereto.
 

You agree to release Company, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of  our Services. If at any time you are not happy with the product or the Services or object to any Content, your sole remedy is to cease using them.

Mysa does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Sites is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company.

Electronic Communications  

When you send an e-mail or chat electronically with Mysa, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that Mysa provides to you electronically satisfy legal requirements that such communications be in writing.

Use Of The Services

You will not you will not prepare the replica of our product and or use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the product and Content, except as expressly permitted by Mysa or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Mysa will not be liable on account of any inaccuracy of information on this web Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on Mysa unless specifically authorized by Mysa in this regard

Third Party Links, Content And Services

Any and all contents and services (including advertising) within Mysa that are not owned by Mysa are "third party content and services." Mysa acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services including but not limited to mobile software used by your mobile phones. In addition and without limiting the generality of the foregoing, Mysa may include links to Websites/Apps operated by third parties, including advertisers and other content providers. Those Websites/Apps may collect data or solicit personal information from you. Mysa does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.  

Ownership and Intellectual Property

This Website, our product and all other content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks , are protected by copyright, trade mark and other intellectual property laws of Canada. 

You acknowledge and agree that Mysa owns, controls or is licensed all legal right, title and interest in and related to the Product and Website, including all intellectual property rights. You may not:

If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at https://getmysa.com/contact/

You acknowledge that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by Mysa or its affiliates or our licensors. Your possession, access, and use of the Product, Product Software, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Mysa and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.

You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own web site without the written consent of Mysa . You must have a license from us before you can post or redistribute any portion of the Services.

Reliance on Information Posted

The information presented on or through the Website 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 or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Limitation of Liability
IN NO EVENT SHALL MYSA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY  DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE DEVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE(INCLUDING YOUR SMARTPHONE), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT AND  SERVICES, (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 SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES 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, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYSA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT MYSA SHALL NOT BE LIABLE FOR CONTENT 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 SERVICES ARE CONTROLLED AND OFFERED BY MYSA FROM ITS FACILITIES IN CANADA AND USA. MYSA MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES 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 SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME 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 MYSA OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS 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.

Disclaimer of Warranties

YOUR USE OF THE OUR PRODUCT, WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF MYSA. AND MYSA CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Termination [b]


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

Entire Agreement/ Severability

These Terms and Conditions constitutes the entire agreement between You and Mysa, in relation to Your use of the our Product, Website and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are 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. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Mysa relating to this subject matter, and cannot be changed or terminated orally.  

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.

Non-waiver

Failure by either Mysa or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

Indemnification

You agree to defend, indemnify and hold harmless Mysa and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through our website. 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.

Force Majeure


Mysa shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law And Arbitration

a. Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Canada, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Newfoundland and Labrador. Therefore, you agree that: (i) the Service shall be deemed solely based in Newfoundland and Labrador; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Newfoundland and Labrador. This Agreement shall be governed by the internal substantive laws of the province of Newfoundland and Labrador, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Newfoundland and Labrador or the Canada District Court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.


b. Arbitration. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Unless we agree otherwise, the arbitration will be conducted in the city/town where you reside. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Contact Us

If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at https://getmysa.com/contact/

[a] I noticed there are couple of blogs associated with website such as         https://getmysa.com/blogs, https://www.killickcapital.com/

http://www.pelorusventure.com/

In case someone posts bad review about the product with this term we retain the right to remove it

[b] It means that we no longer have any contractual obligation towards the users. In case user used the product the way we do not recommend and suffers the loss we are not liable as user has already breached the  terms of service.

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