Last updated: September 25, 2020

General.

OhmConnect, Inc (“OhmConnect”) is offering certain products and services which may consist of: (a) the use of various energy efficiency devices, (“Products”), and (b) related energy management services available through www.ohmconnect.com and any additional promotions, incentives, or features offered as part of the Subscription (the “Services”). Together these Products and Services, as may be described or updated from time to time at www.ohmconnect.com (the “Site”), are referred to herein as the “OhmSmart Services”. The OhmSmart Services include monthly subscriptions for the use of the Products and Services, as may be described on the Site.

The OhmSmart Services are governed by these terms of use and the general Ohmconnect terms of use located at https://www.ohmconnect.com/terms-of-use (together, the “Subscription Terms”) . In the event of any conflict between these terms of use and the general OhmConnect terms of use, the latter shall govern. OhmConnect reserves the right to modify the Subscription Terms and to notify users of the changes by electronic communication and/or posting the revised Subscription Terms on the Site. By participating in, purchasing, or using the OhmSmart Services, you (“User”) agrees to be bound to the Subscription Terms, as may be updated from time to time.

1. Participation in the OhmConnect Service.

By signing up for the OhmSmart Services, Users are agreeing to participate in the basic OhmConnect services which help manage OhmHours, as described at https://www.ohmconnect.com/how-it-works (the “OhmConnect Basic Service”).

2. Terms, Upgrades, and Cancellation.

Initial Contract Term and Renewal

All Subscriptions require an initial twelve (12) month term (the “Initial Term”). After the Initial Term has been fulfilled, Users will automatically be enrolled in a monthly plan at the then-current rate.

Upgrades

After the Initial Term expires, Users may upgrade their subscription plans. Upgrades are subject to availability and may result in an additional amount billed each month for the Service.

Cancellation

Users may cancel their subscription by sending an email to ohmsmart@ohmconnect.com and requesting cancellation. Requests received at least seven (7) days before the next billing cycle will be processed immediately. Requests received less than seven (7) days before the next billing cycle will be processed for the next month. Cancellation requests within the first 180 days of the beginning of the Initial Term will be charged an Early Cancellation Fee. All other cancellation requests made during the Initial Term will be charged a cancellation fee plus shipping and handling for the return of all Products. The effective cancellation date will be the first day following the month in which the cancellation request was made.

3. Payment and Renewal of Subscription

Payment Terms

Payment for the first month of OhmSmart Services shall be prorated depending on the effective date of service. Thereafter, the following fees shall apply:

Monthly Subscription: Payment for the first month of service is due upon initial enrollment, and recurring monthly payments will continue on the same day of the month as the initial enrollment date (if the initial enrollment date falls on a date that is later than the latest day of a future month, then payment is due upon the last day of that month).

Upfront Payment for Annual Subscription: Payment is due in full at the moment of purchase. After the initial term has expired, payment will default to (c) Auto Renewal terms below.

Payment Methods

OhmConnect will offer Users at its discretion different payment methods through their online platform. OhmConnect reserves the right to change payment method options by giving reasonable notice to Users. Users on monthly subscriptions will be charged the amount of their subscription through their selected payment method on the payment due date.

Auto renewal

All subscriptions will revert to monthly plans at the end of the Initial Term. Payment will be debited from the payment method on the same date as outlined in (a) Payment Terms.

Promotions

OhmConnect may offer certain discounts, promotions and free introductory services (collectively, “Deals”) to its customers from time to time. OhmConnect reserves the right to change the offer bundle over time without any prior notice. In addition, you acknowledge and understand that OhmConnect does not provide any warranty or refund/cancellation assurances on any of the Deals. OhmConnect also reserves the right to amend the OhmSmart Services or other policies around any promotional offers such as a free or additional item along with the Product. The Deals are not interchangeable and cannot be traded off for monetary remuneration or in any other way.

4. Returns, Refunds, and Replacements and Support

Timeline for Returns

In the event of a cancellation during the Initial Term, User must return all Products to OhmConnect within 30 days from the effective cancellation date. If User chooses not to renew at the end of the Initial Term, User should contact OhmConnect at ohmsmart@ohmconnect.com to obtain information on how to return the Product(s).

Refunds and Refund Processing Timelines

OhmConnect will process any refunds to Users within a reasonable time period, subject to any review of Product returns and it is the User’s responsibility to maintain a current User payment method for the refund processing.

Return policy

Users may request OhmConnect to send a prepaid shipping label for the return of the Product(s). Users are responsible for returning all Products in the same condition as they were received. Any damages or defects that were not reported prior to a cancellation request will be charged to the User’s payment method.

Support, Warranty and Replacements

Products are subject to the manufacturer’s original warranty. To initiate a replacement of a Product, or for product support, User may email ohmsmart@ohmconnect.com.

5. Device ownership and purchase

Ownership

During the term of User’s subscription, OhmConnect shall provide you with the Product(s) that you have selected under your subscription. User may use the Product(s) as part of the OhmSmart Services only, and only during the term of any valid subscription. OhmConnect remains the sole owner of all Product(s) provided to the User under the OhmSmart Services. No transactions are intended to be financing or sales transactions, unless otherwise expressly stated and agreed to by both parties.

No Assignment

Users may not assign their rights or obligations under these Subscription terms, and no User may sublease or assign to a third party the use of any Services or Products to any third party.

Cancellation Fee

The Cancellation Fee billed to a user that has terminated their Subscription will act as a charge that transfers ownership of the device(s) to the user.

6. Other Terms

The Subscription Terms constitute the entire agreement between you and OhmConnect regarding the use of the OhmSmart Services. The Privacy, Disclaimer of Warranties, Limitation of Liability, Arbitration and other provisions of the general OhmConnect terms of use at https://www.ohmconnect.com/terms-of-use apply to the Products and Services, unless otherwise expressly stated above.

 

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