Updated Terms of Service

We’ve recently updated our: (1) Terms of Use (“Agreement”) and (2) Privacy Policy (collectively, “Terms”). If you signed up for an account prior to August 15, 2018, we’ll ask you to agree to the new Terms when you use SmartLink on or after September 1, 2018. The updated Privacy Policy will automatically be effective for all existing users on September 1, 2018. Your continued use of the SmartLink Platform from that day on will be subject to the new Privacy Policy. Please read these Terms carefully. If you signed up for an account on or after August 15, 2018, the updated Terms apply to you. Learn more about what’s changed.

 

SmartLink™ Network Customer Agreement 

1. Questions, Comments or Reporting of Service Problems
2. Acceptance of This Agreement
3. Term of The Agreement and Payments
4. Refunds
5. Limit of Liability
6. The SmartLink™ Irrigation Controller Communication Service, Website and Connection
7. No Guarantee
8. Insurance and Indemnification
9. No Liability
10. No Warranties
11. Cause of Service Interruption
12. Notification
13. Confidentiality
14. Trademarks and Branding
15. Intellectual Property
16. Ownership of Data, Code, Software
17. Choice of Laws
18. Force Majeure
19. Miscellaneous

This SmartLink™ Network Customer Agreement (“Agreement”) is between the HOMEOWNER, PROPERTY OWNER, RESIDENTIAL PROPERTY MANAGER, COMMERCIAL PROPERTY MANAGER, LANDSCAPING SERVICE PROVIDER, IRRIGATION SERVICE PROVIDER OTHER PERSON OR ENTITY accepting this Agreement as provided below (“Customer”) and Telsco Industries. Inc., d.b.a. Weathermatic, a Texas corporation, whose principal business address, and address for all legal notices, is 3301 W. Kingsley Road, Garland, Texas 75041 (“Weathermatic”).

 

1. Questions, Comments or Reporting of Service Problems 

If the Customer has any questions or comments on this Agreement, or any questions or comments concerning any term, clause or condition in this Agreement, contact the Weathermatic help desk before accepting this Agreement. The Weathermatic help desk can be reached by telephone at 888-484-3776 or online at http://suppport.weathermatic.com or by email at support@weathermatic.com. For reporting service issues, service interruptions or other service related questions for the SmartLink™ service, the Customer should direct all correspondences to help desk.

 

2. Acceptance of This Agreement

By signifying acceptance of this Agreement electronically, i.e., by clicking “Accept Agreement” or the equivalent when prompted or by logging in to this website or by logging in to any Weathermatic SmartLink™ Irrigation Controller or to any Weathermatic SmartLink™ service connection using the SmartLink™ website (cumulatively referred to as the SmartLink™ service), the Customer acknowledges being capable of negotiating customer agreements and having the authority to do so. The Customer acknowledges he has read, understood, accepts, and agrees to be bound by all terms and conditions of this Agreement. (The Customer may request a printed copy of this Agreement, for executing, by contacting Weathermatic in writing.) THE CUSTOMER FURTHER ACKNOWLEDGES THAT PRIOR TO ACCEPTING THIS AGREEMENT, THE CUSTOMER HAD THE OPPORTUNITY TO CONSULT WITH AN INDEPENDENT ATTORNEY OF ITS OWN CHOOSING.

This Agreement is effective when accepted by the Customer and applies, upon its acceptance and as further provided below, to all transactions between the Customer and Weathermatic involving the past, present, or future activations/subscriptions to Weathermatic’s SmartLink™ service and is reaffirmed by the Customer every time the Customer logs on to this and other SmartLink™ websites, activates a Weathermatic SmartLink™ service connection, communicates with or monitors an irrigation controller using the Weathermatic SmartLink™ service, or otherwise uses the SmartLink™ service. This Agreement remains in effect until terminated in accordance with its terms. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCEPT IT.

3. Term of The Agreement and Payments 

Unless otherwise terminated as provided herein, this Agreement shall continue in effect on a month-to-month basis and will be reaffirmed each month by acceptance of the Agreement, logging on to the SmartLink™ website or payment of the service subscription fee.

For the purpose of payment, the term of the SmartLink™ service subscription is annual, multi-year or monthly. Payment of the service subscription fee is due in advance of service and made payable to Weathermatic. For annual plans, the service commences on the date of activation and continues for period of the plan.

Customer reconnection to the SmartLink™ service and access to the SmartLink™ website will be granted after the payment of all late fees, service charges and a reconnection fee. The Customer will be liable for any and all monthly service subscription fees while disconnected during the subscription term of the Customer’s agreement.

Weathermatic reserves the right to verify Customer’s payments prior to crediting any payment to the Customer’s account. Weathermatic reserves the right to change or update the service subscription structure or pricing without notice.

 

4. Refunds

Weathermatic reserves the right to assess refund or credit requests based on their merits. If a refund or credit is granted, this will generally be completed in the same manner used to make the purchase.

A.  To request a refund or credit, please contact Weathermatic Sales at (888) 484-3776 or submit a help request [link:  https://smartlink.zendesk.com/hc/en-us/requests/new]. Before contacting Weathermatic you will need:

1. Your Subscription ID# (found on the Controller’s Admin > Manage Subscription page); 
2. Your email address; 
3. A brief comment on why you would like to be refunded.

B. With a valid claim, the following refunds and credits will generally be determined for each payment type:

1. One-Time Payment/Plan Card
   Service begins as soon as your plan card is processed. Your plan credit is non-refundable, and your service will continue until the end of your contracted term. If you cancel the plan prior to its expiration date, unused plan credit may be transferred to another paid expiring non-recurring service plan. 
   
   
2. One-Time Payment/Online or Purchase Order
   Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase. If you cancel within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable, and your service will continue until the end of your contracted term. Upon request, unused plan credit may be transferred to another paid expiring non-recurring service plan. 
   
   
3. Recurring Annual Payments
   Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every year, until you cancel. Your rate is subject to change, but we’ll always notify you beforehand. If you cancel within 14 days of your order, you’ll be fully refunded. Should you cancel after 14 days, your payment is non-refundable, and your service will continue until the end of your contracted term unless you wish to transfer your credit to another recurring service plan. 
   
   
4. Recurring Monthly Payments
   Service begins as soon as your initial payment is processed. You’ll be charged the rate stated at the time of purchase, every month, until you cancel. Your rate is subject to change, but we’ll always notify you beforehand. Should you cancel, your monthly payment is non-refundable and your service will continue until the end of your monthly contracted term. 
   
   

5. Limit of Liability

The liability of Weathermatic, including Telsco Industries, Inc., its subsidiary companies and its agents, under this Agreement shall not exceed $100.00 or the subscription fee rate for one (1) month service subscription fee, whichever is greater, for any and all injury, loss, damage or harm to the Customer resulting from or related to the SmartLink™ service, the SmartLink™ service connection or the use of the SmartLink™ website occurring during the monthly service term for a subscription month, regardless of the type or number of events, claims or occurrences.

6. The SmartLink™ Irrigation Controller Communication Service, Website and Connection 

The SmartLink™ service is an  interactive communication service that enables Weathermatic’s Customers to connect to and communicate with a single SmartLink™ compatible Weathermatic irrigation controller that is equipped with a SmartLink™ communication modem by accessing the SmartLink™ website. Connecting to and communicating through each individual SmartLink™ communication modem is covered by separate Agreements, to which the terms and conditions apply separately.

The Weathermatic SmartLink™ service is accessible by the Customer from any Internet connected network using a wired or wireless device running compatible web browsers through the SmartLink™ website. The Weathermatic SmartLink™ service is not intended to be compatible with every type of irrigation controller, nor does the SmartLink™ service enable the Customer to monitor, control and/or activate every irrigation controller setting or status value.

From time-to-time, Weathermatic may modify the SmartLink™ service, the SmartLink™ website and/or the SmartLink™ graphical user interface, including the capability for accessing new irrigation controller features or discontinuing support for accessing other irrigation controller features, with or without prior notice to the Customer and without the offer of additional irrigation controller features. Additionally, the SmartLink™ service may restrict the Customer from accessing some irrigation controller features or SmartLink™ service features or options not included with their subscription tier. Those irrigation controller or SmartLink™ features may be accessible to the Customer for an additional fee.

 

7. No Guarantee 

The SmartLink™ service does not relieve the Customer of his responsibility for inspecting, monitoring and maintaining irrigation systems, property, grounds, surroundings, turf, sod, plants, bushes, trees and other foliage, nor does the SmartLink™ service relieve the Customer of his responsibility for understanding and properly operating the SmartLink™ service, the SmartLink™ website or the SmartLink™ connection nor does the SmartLink™ service alleviate or lessen the standard of care due to the Customer’s personnel, agents, invitees, licensees and bystanders by the Customer.

Weathermatic does not guarantee or warrant that the SmartLink™ service is compatible with the Customer’s programs, applications or hardware, nor does Weathermatic guarantee or warrant the Customer’s programs or data when used with the SmartLink™ service or that the Customer’s programs or data will not be corrupted from or by use with the SmartLink™ service.

Weathermatic does not guarantee or warrant that the SmartLink™ service is secure or that the Customer’s data, including programming data, settings, logon identities, passwords, or that the Customer’s communication or content of the communication are secure or that the SmartLink™ service or SmartLink™ website cannot be hacked or intruded or accessed by unauthorized third parties, or that the SmartLink™ service or SmartLink™ website is free of any harmful software bugs, viruses, worms, Trojans, spyware, malware or other malicious code (malcode). Weathermatic does not guarantee or warrant that the Customer’s irrigation controller may not be reprogrammed, inadvertently or otherwise, using the SmartLink™ service or the SmartLink™ website.

Weathermatic does not guarantee or warrant that the SmartLink™ service, the SmartLink™ website or the SmartLink™ connection will be accessible at any particular time or the communication to the Customer’s irrigation controller will be available at any particular time nor does Weathermatic guarantee or warrant that the SmartLink™ service, the SmartLink™ website or the SmartLink™ service connection will be free from downtime. Weathermatic does not guarantee or warrant that the use of the SmartLink™ service will increase aesthetic beauty or enhance the appearance or value of the Customer’s turf, sod, plants, bushes, trees and other foliage, or the Customer’s landscape.

 

8. Insurance and Indemnification

The Customer acknowledges and agrees that it has been advised to, at its own expense, take out and maintain comprehensive liability insurance for losses in excess of the liability, if any, of Weathermatic, including property, products, services, operations, and contractual liability coverage that will protect the Customer from property damage to turf, sod, plants, bushes, trees and other foliage; buildings, structures and other objects; the cost of irrigation water, service interruptions, corrupted, missing or stolen data or programs, and injury or death to personnel, agents, invitees, licensees and bystanders in connection with this Agreement.

 

9. No Liability 

Weathermatic will not be liable for any loss of the Customer’s hardware, data, programs, software or applications or for any corruption of the Customer’s data, programs, software or applications, that is associated with or the proximate cause of using the SmartLink™ service.

Weathermatic will not be liable for any loss of the Customer’s ability to communicate with any irrigation controller, SmartLink™ communications modem or any other device or website, nor will it be liable for downtime or losses that arise from downtime, that is associated with or the proximate cause of using the SmartLink™ service. Weathermatic will not be liable for any loss, cost or damage resulting from the Customer’s inability to log on to the SmartLink™ service or the SmartLink™ website due to lost, forgotten, misplaced, stolen, altered, changed, hacked, misused or abused Customer logon IDs and/or Customer passwords whether a result of any action or inaction by any person, including, but not limited to, the Customer, a current or former agent of the Customer or any other person, or due to Customer misuse or abuse of the SmartLink™ service application, or due to lost, forgotten, misplaced or stolen application disks, or due to corruption of the SmartLink™ service application, SmartLink™ website, the Customer’s irrigation controller(s) or due to the unauthorized, inadvertent, improper, accidental, unintended, erroneous, negligent or malicious modification of the SmartLink™ service application, the SmartLink™ website, the SmartLink™ graphical user interface, any Customer data stored on the SmartLink™ service application, the SmartLink™ website, the SmartLink™ graphical user interface, the SmartLink™ connection or to any Customer software or hardware using the SmartLink™ service, or the Customer’s irrigation controller(s), including, but not limited to, Customer irrigation controller programming values, controller programming data and values, valve actuation and valve deactivations, irrigation water schedules, watering durations and landscape, plant, location and atmospheric values by any person, including, but not limited to, the Customer, a current or former agent of the Customer or any other person. If the Customer suspects that an unauthorized person has gained access to the Customer logon IDs, or Customer passwords, or that other confidential information has been compromised, lost or stolen, the Customer must immediately contact the Weathermatic help desk by telephone at 888-484-3776 or by email at support@weathermatic.com.

Weathermatic will not be liable for any loss, cost or damage resulting from over watering or untimely watering, that is associated with or the proximate cause of using the SmartLink™ service.

Weathermatic will not be liable for any loss or degradation of the Customer’s turf, sod, plants, bushes, trees, other foliage and enjoyment, nor will Weathermatic be liable for damages or loss of landscape, damage to irrigation controller, irrigation equipment, or for excess watering, damage from any action or inaction by any person, including, but not limited to, the Customer, a current or former agent of the Customer or any other person, this includes but is not limited to the, unauthorized, inadvertent, improper, accidental, unintended, erroneous, negligent, malicious, entry of data, reprogramming of controllers by any person, or any other consequence, that is associated with or the proximate cause of using the SmartLink™ service.

Weathermatic will not be liable for security breaches to the SmartLink™ service, the SmartLink™ website or the SmartLink™ connection or to any Customer software or hardware using the SmartLink™ service, the SmartLink™ website or the SmartLink™ connection, that is associated with or the proximate cause of using the SmartLink™ service.

 

10. No Warranties

WEATHERMATIC’S SMARTLINK™ SERVICE, WITHOUT LIMITATION, THE FUNCTIONALITY OF THE SMARTLINK™ SERVICE PLATFORM, THE SMARTLINK™ SERVICE APPLICATION, THE SMARTLINK™ SERVICE CONNECTION, THE SMARTLINK™ WEBSITE, AND OTHER SERVICES PROVIDED BY WEATHERMATIC HEREUNDER, ARE SERVICES AND NOT TANGIBLE GOODS, AND ARE THEREFORE PROVIDED STRICTLY AS-IS, WITHOUT WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR NON-OBSOLESCENCE.

 

11. Cause of Service Interruption

Weathermatic is not responsible for any service interruption of the SmartLink™ service resulting from the Customer’s equipment including the Customer’s network, intranet, extranet, the Customer’s wired or wireless connection device, i.e., laptop, desktop, personal computer (PC), net device, tablet, mobile phone, cell phone, smart phone, any Customer software, application or browser, Weathermatic irrigation controller, Weathermatic SmartLink™ modem, wires, cables or connections.

Weathermatic is not responsible for any service interruption of the SmartLink™ service resulting from a third-party service provider including cellular providers, wireless providers, Internet service providers, network service providers, intranet service providers and extranet service providers.

Weathermatic is not responsible for any service interruption of the SmartLink™ service resulting from signal transmission quality or availability between the Customer’s equipment and Weathermatic equipment, including public switched telephone network (PSTN) service, mobile telephony service, cellular telephony service and wireless service. Furthermore, Weathermatic is not responsible for any service interruption of the SmartLink™ service resulting from cell phone and/or wireless reception, dropped calls, narrow bandwidth, call quality and call duration. Weathermatic is not responsible for any service interruption of the SmartLink™ service resulting from the Customer’s inability to log on to the SmartLink™ service or the SmartLink™ website due to lost, forgotten, misplaced or stolen Customer logon IDs, lost, forgotten, misplaced or stolen Customer passwords, or due to Customer misuse or abuse of the SmartLink™ service application, or due to corruption of the SmartLink™ service application, SmartLink™ website, or due to Customer input errors or when users cannot create a new account or due to the unauthorized modification of the SmartLink™ service application, website or graphical user interface or attempting to modify the SmartLink™ service application, website or graphical user interface.

 

12. Notification

The Customer acknowledges and agrees to notify the Weathermatic help desk by telephone at 888-484-3776 or by email at support@weathermatic.com immediately in the event that some action of or by the Customer may degrade the SmartLink™ service or the SmartLink™ website in any way, or in the event of a suspected stolen, or stolen, logon identification or password, or in the event of a service interruption lasting longer than one (1) hour.

 

13. Confidentiality 

The Customer and Weathermatic agree that information such as the quantity, pricing, and specifications of the SmartLink™ service, information concerning the SmartLink™ service software, the SmartLink™ website, the SmartLink™ graphical user interface, the SmartLink™ connection and other technology underlying the SmartLink™ service, and information otherwise identified by Weathermatic as being proprietary or confidential (or that by its nature should reasonably be inferred as being proprietary or confidential) is competitively sensitive information not generally known to the public (“Confidential Information”). The Customer agrees to: (a) maintain Weathermatic’s Confidential Information in strict confidence, using at least the same degree of care (and in no event less than a reasonable degree of care) in maintaining its secrecy as it does with its own Confidential Information; and (b) use the Weathermatic’s Confidential Information consistently with the terms of this Agreement or to fulfill its obligations under this Agreement. Such duties will survive expiration or termination of this Agreement for a period of 3 years and, with respect to Weathermatic’s Confidential Information that is protected as a trade secret as defined under the Uniform Trade Secrets Act (UTSA), for so long as such Confidential Information remains a trade secret according to the UTSA.

 

14. Trademarks and Branding

SmartLink™ is a trademark of Weathermatic and SmartLine® is a registered trademark of Weathermatic. This Agreement does not grant to the Customer, whether expressly, by implication, estoppel, or otherwise, the right or license to use Weathermatic’s trademarks, service marks, logos, or other designations.

 

15. Intellectual Property

Weathermatic owns and shall continue to own all title, rights, and other interests, including all intellectual property rights, in and to the SmartLink™ service, SmartLink™ communications modem, the SmartLink™ website, the SmartLink™ graphical user interface and the SmartLink™ connection service, and all associated data, metadata, specifications, designs, documentation, software, and firmware. No other interest in or to Weathermatic’s intellectual property is granted by Weathermatic to the Customer whether expressly, by implication, estoppel, or otherwise. No work performed by Weathermatic hereunder shall be deemed a work for hire.

The Customer agrees that under no circumstances will he attempt to deconstruct, reverse engineer, replicate, duplicate or decompile the SmartLink™ module, the SmartLink™ service software, the SmartLink™ website, the SmartLink™ graphical user interface, the SmartLink™ service connection or any elements thereof. The Customer agrees that any improvements made by the Customer to the SmartLink™ service or any technology subject to this Agreement belong exclusively to Weathermatic, and if by operation of law any related intellectual property rights are not owned in their entirety by Weathermatic, then the Customer agrees to assign, and hereby assigns, to Weathermatic the ownership of such rights. The Customer agrees to provide any assistance required to perfect such protection and to take such further actions and execute and deliver such further agreements and other instruments as Weathermatic may reasonably request to give effect to this paragraph.

 

16. Ownership of Data, Code, Software 

Weathermatic may collect, and shall own and retain all rights in, usage information from Weathermatic’s Customers and may aggregate it with information obtained from other sources including, without limitation, Weathermatic’s distributors, installers and others of Weathermatic’s Customers. This information includes but is not limited to the Customer’s overall use and usage patterns and trends of the SmartLink™ service, the SmartLink™ website and the SmartLink™ graphical user interface, Customer irrigation controller programming values, controller programming trends and patterns, Customer irrigation schedules, watering durations and controller landscape settings. All information we collect through or in connection with this Application is subject to our Privacy Policy located at <link to Privacy Policy>, as may be amended from time to time.

Weathermatic reserves the right to study and evaluate this Customer information in perpetuity, for improving the SmartLink™ service, the SmartLink™ website and the SmartLink™ graphical user interface or for the development of new products and services, and market applications for those products and services. Weathermatic may use this Customer information as discrete Customer data or aggregated Customer data.

Weathermatic retains all rights including, without limitation, any ownership rights it may have with respect to device codes and addresses, software, applications, websites, site design, graphical user interfaces and identifiers associated with SmartLink™ service. Weathermatic reserves its right to allocate and control all such device codes and addresses, software, applications and identifiers. Any reverse engineering, decompiling, modifying or reassignment of any device codes/addresses, software, applications, websites, site design, graphical user interfaces and identifiers is expressly forbidden without Weathermatic’s express written consent.

17. Choice of Laws

This Agreement shall be governed and construed in accordance with the laws of the State of Texas, exclusive of its choice-of-law principles, with the exception of the protection of Weathermatic’s trade secrets wherein the Customer agrees that the Uniform Trade Secrets Act (UTSA) controls. The Customer and Weathermatic each hereby submit to the jurisdiction of the state and federal courts in the State of Texas and agrees that the venue of any action or proceeding may be in Dallas County, Texas and waives any claim that such venue is an inconvenient forum. EACH PARTY HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT IT MAY LEGALLY AND EFFECTIVELY DO SO, TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING HEREUNDER.

18. Force Majeure 

If either Weathermatic’s or the Customer’s performance of any of its obligations hereunder is delayed by strike, labor dispute, unavailability of materials, war, act of God, governmental action, flood, fire, explosion or other matters not within its reasonable control or by the inability of either to procure and obtain needed government consents or approvals, then the date for performance shall be extended by the time of such delay; provided, however, that, as to any and all such causes, the party so affected shall pursue with reasonable diligence the avoidance or removal of such delay if reasonably feasible.

19. Miscellaneous 

This Agreement may be amended by Weathermatic, without notice to the Customer. Any notices to be provided herein to the Customer shall be deemed provided upon making the amended Agreement available to the Customer online at the SmartLink™ website.

If you have any questions or comments on this Agreement, contact the SmartLink™ help desk for a Weathermatic authorized representative before accepting it (by telephone at 888-484-3776 or by email at support@weathermatic.com). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCEPT IT.