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App Terms and Conditions - United States & Canada

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Last Updated: June 29, 2026

This Terms of Service (“Agreement”) is a binding agreement between you (“You” (and as applicable, “Your”)) and ˿Ƶ Water Group, Inc. (“˿Ƶ”). This Agreement governs Your use of: (a) ˿Ƶ Home, ˿Ƶ Pool, ˿Ƶ Pro, and ScreenLogic mobile apps and (b) ˿Ƶ Home, ˿Ƶ Pro, and ScreenLogic web apps accessible through ˿Ƶ.com for use with ˿Ƶ products, equipment or services (together with any insights, data, materials, and services available therein, and any successor(s) thereto, the “Service”).

BY CLICKING THE “ACCEPT” BUTTON, BY ACCESSING OR USING THE SERVICE OR PENTAIR IOT DEVICE, CREATING AN ACCOUNT, OR BY OTHERWISE INDICATING YOUR CONSENT, YOU: (A) ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, ON BEHALF OF YOURSELF AND, IF APPLICABLE, ANY PERSON, CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE ACTING; (B) REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN THE JURISDICTION IN WHICH YOU RESIDE TO USE OR ACCESS THE SERVICE AND TO ENTER INTO THIS AGREEMENT; AND (C) HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT, INCLUDING ON BEHALF OF ANY SUCH PERSON OR ENTITY, IF APPLICABLE. THE TERM “YOU” AND “YOUR” WILL INCLUDE BOTH YOU AND ANY SUCH PERSON OR ENTITY, IF APPLICABLE.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PENTAIR WILL NOT AND DOES NOT LICENSE THE SERVICE TO YOU, AND YOU MUST NOT DOWNLOAD, INSTALL, ACCESS OR USE THE PENTAIR IOT DEVICES OR SERVICE. YOU ARE CONSENTING TO AUTOMATIC SOFTWARE OR FIRMWARE UPDATES OF PORTIONS OF THE SERVICE OR PENTAIR IOT DEVICES (LATER DEFINED) AS FURTHER DESCRIBED IN SECTION 8 AND TO THE EXTENT LOCAL LAWS ALLOW IT. IF YOU DO NOT CONSENT TO AUTOMATIC SOFTWARE UPDATES YOU SHOULD NOT USE THE SERVICE OR THE PENTAIR IOT DEVICES.

˿Ƶ may change this Agreement from time to time by notifying You of such changes in accordance with Section 25. Any such changes will not apply to any dispute between You and ˿Ƶ arising prior to the date on which ˿Ƶ posted the revised Agreement, or otherwise notified You of such changes in accordance with Section 25.

Your use of the Service or ˿Ƶ IoT Devices following any changes to this Agreement will constitute Your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. ˿Ƶ may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service upon notice to You in accordance with Section 25; or offer opportunities to some or all Service users.

PENTAIR MAKES AVAILABLE THE IOT DEVICES AND SERVICE ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 22 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND; PROVIDED THAT PENTAIR MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR TEMPORARY OR PERMANENT INJUNCTIVE RELIEF WITH RESPECT TO DISPUTES RELATING TO INTELLECTUAL PROPERTY RIGHTS OR BREACH OF CONFIDENTIALITY OBLIGATIONS. THIS, TO THE EXTENT LOCAL LAWS ALLOW IT. UNDER YOUR LOCAL LAWS YOU MAY HAVE THE RIGHT TO FILE A CLAIM BEFORE COMPETENT AUTHORITIES OR COURTS.

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(a) “Authorized User” means any individual or entity who is authorized by You and who has accepted and agreed to be bound by the terms of this Agreement. Authorized Users may have the ability to use the Service, view information and content related to the IoT Device(s), and/or monitor and control the IoT Device(s).

(b) “IoT Device(s)” or “˿Ƶ IoT Device(s)” means any ˿Ƶ internet of things connected or connectable device(s).

(c) “Third Party” means any person or entity other than You, Authorized Users, and ˿Ƶ, and includes any of Your subcontractors, independent contractors, affiliates or service providers.

(d) The meaning of other capitalized terms is as defined in this Agreement.

2.License Grant and Scope.

Subject to Your strict compliance with all terms and conditions of this Agreement, ˿Ƶ hereby grants to You a limited, non-exclusive, non-transferable, non- sublicensable, revocable license, during the Term (as defined below), to use the Service as set forth in this Section 2. This license grants to You the right to:

(a) download, install and use any software made available by ˿Ƶ as part of the Service on a mobile device that You own or control, in accordance with any applicable documentation, for Your personal, non-commercial use if You are an individual consumer, or, if You are not an individual consumer, Your internal business purposes; and

(b) view one (1) copy of any portion of the Service on any single device, solely for Your personal, non-commercial use if You are an individual consumer, or, if You are not an individual consumer, Your internal business purposes.

3.License Restrictions.

You shall not, directly or indirectly:

(a) use (including make any copies of) the Service beyond the scope of the license granted under Section 2;

(b) use the Service in connection with an IoT Device which you have sold or otherwisetransferred or You have no right to control;

(c) except as expressly enabled within or by the Service, provide any Third Party with access to or use of the Service;

(d) modify, translate, adapt or otherwise create derivative works, improvements or other modifications, whether or not patentable or copyrightable, of the Service or any part thereof;

(e) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Service or any part thereof;

(f) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice provided on or with the Service, including any copy thereof;

(g) copy the Service, in whole or in part;

(h) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service, or any features or functionality of the Service, to any Third Party for any reason (except to the extent that the Service’s functionality specifically allows this action), whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service;

(i) use the Service in violation of any national, state, provincial and local Laws, rules, regulations, directives, statutes, orders, judgments, decrees, rulings, and enforceable regulatory guidance (“Law”) applicable to Your use;

(j) use the Service for purposes of competitive analysis of the Service, the development of a competing website or app, product or service, or any other purpose that is to ˿Ƶ’s commercial disadvantage;

(k) use the Service in connection with any sale, licensing or making available of ˿Ƶ’s competitor’s products, any copycat products or products which ˿Ƶ believes, in its sole opinion, infringe, misappropriate or violate ˿Ƶ’s intellectual property rights;

(l) allow any content, images, information or any other part of the Service to be made available on any other platform, whether in print or electronic form, to any Third Party, except to the extent that the Service’s functionality specifically allows this action;

(m) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service without ˿Ƶ’s express prior written consent; or

(n) use any Service Information or other information, data, or other materials obtained from ˿Ƶ for the purpose of developing, training, validating, refining, or improving any artificial intelligence, machine-learning, statistical, or predictive models or systems unless otherwise approved by ˿Ƶ in writing

4. Third-Party Materials/Services.

(a) You acknowledge and agree that the Service may include or otherwise integratewith software, products, services, content, data or other materials that are owned by ThirdParties (“Third-Party Materials/Services”) and that are made available to You on terms(including licenses and privacy policies) that are in addition to and/or different from thosecontained in this Agreement (“Third- Party Terms”). ˿Ƶ neither controls nor endorses,nor is ˿Ƶ responsible for, any Third- Party Materials/Services, including the accuracy,validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safetyof Third-Party Materials/Services, or any intellectual property rights therein. Nothing in thisAgreement shall be deemed to be a representation or warranty by ˿Ƶ with respect toany Third-Party Materials/Services. ˿Ƶ has no obligation to monitor Third-PartyMaterials/Services, and ˿Ƶ may block or disable access to any Third-PartyMaterials/Services (in whole or in part) through the Service at any time. In addition, theavailability of any Third-Party Materials/Services through the Service does not imply˿Ƶ’s endorsement of, or ˿Ƶ’s affiliation with, any provider of such Third-PartyMaterials/Services.

(b) You hereby agree to be bound by and shall comply with all Third-Party Terms. In particular, Your use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at and Google Privacy Policy at Any breach by You of any Third-PartyTerms is also a breach of this Agreement. In the event Third-Party Terms expire or areterminated for any reason, ˿Ƶ may immediately terminate the portion of the Serviceaffected, including all rights and licenses to such portion of the Service, without penalty orfurther obligation to You, upon notice to You in accordance with Section 25.

(c) The Service may be provided together with, or otherwise contain, certain opensource software components (“Open Source Components”) under their respective opensource license agreements (“Open Source Licenses”) which are acknowledged in theService or at such other location as designated by ˿Ƶ from time to time. Youacknowledge and agree to the terms and conditions in each such Open Source Licenseand to comply with all such terms and conditions. With respect to each Open SourceComponent, to the extent there are any conflicts between any terms of this Agreement andany terms of the respective Open Source License, such conflicting terms of this Agreementwill not apply.

(d) The Service may include, provide access to, or permit You to initiate thecommunication, transfer and exchange of certain information between the Service andcertain software, devices or systems owned and operated by Third Parties (“Third-PartyAssets”). ˿Ƶ does not exercise control over the form or quality of any data orinformation generated by or transmitted to the Third-Party Assets, including through APIs.Therefore, You agree to the following:

(i) You accept all limitations in the display and use of all data and informationimported via Third-Party Assets; and

(ii) ˿Ƶ may restrict the volume and type of data and information transmitted toand from the Service if ˿Ƶ believes that such volume or type of data or information mayadversely affect ˿Ƶ, its affiliates, its subcontractors, or the performance of the Serviceor other equipment or systems.

(e)˿Ƶ is not responsible for third parties or their products and services. ˿Ƶhereby disclaims, and You hereby discharge, waive and release ˿Ƶ, its affiliates,licensors and suppliers from any past present and future claims, liabilities, and damages,known or unknown, arising out of or relating to Your interactions with such third parties andtheir products and services.

5.Responsibility for Use of Service.

(a) It is Your responsibility to install and use the IoT Device(s) and Service pursuant toapplicable manuals and instructions. Authorized Users are responsible for their ownactions, but You also hereby agree to be fully responsible for all actions taken by YourAuthorized Users. You should only authorize those individuals whom you trust. You areresponsible and liable for all uses of the Service through access provided by You, directly orindirectly. Specifically, and without limiting the generality of the foregoing, You areresponsible and liable for all actions and failures to take action with respect to the Serviceby any person or entity to whom You may provide access to or use of the Service. You shallkeep all login IDs, passwords and other access credentials pertaining to the Serviceconfidential and secure from all unauthorized Third Parties.

(b) The Service may include functionality that allows You or Your Authorized Users tocontrol the machines or equipment associated with the IoT Devices, including to remotelyactivate certain aspects of the machines or equipment associated with IoT Devices. ˿Ƶand its licensors, service providers, suppliers, subcontractors and distributors are notresponsible for any access to or use of such functionality. Any access to or use of suchfunctionality is solely at Your own risk. The Service does not prevent performance ormaintenance issues with respect to the machines or equipment associated with the IoTDevices. Accordingly, You, and if you are a ˿Ƶ Dealer, Your third party end customers,remain exclusively responsible for the operation and maintenance of the machines orequipment associated with the IoT Devices. The Service does not provide insurance for themachines or equipment associated with the IoT Devices, is not an insurance product anddoes not replace regular maintenance of the machines or equipment associated with theIoT Devices.

(c) The Service collects, transmits and processes information relating to,among other things, IoT Devices and mobile devices and their use and operation, as furtherdetailed in ˿Ƶ’s Privacy Notice (See Section 7 below) or the Third Party Terms (asapplicable) as such notice and terms may be updated over time (referred to together with“Device Data” as the “Service Information”). “Device Data” means the data forwarded orotherwise made available to ˿Ƶ and/or its subcontractors by or on behalf of You andYour employees, agents and/or contractors, in connection with their use of the Service, andrelating to Your IoT Devices and mobile devices used with the Service. By accessing orusing the Service, You consent to the collection, storing, processing, use, sharing anddisclosure of all Service Information, as described in ˿Ƶ’s Privacy Notice or the ThirdParty Terms (as applicable).

(d) You understand and agree that the Service Information may be transmitted to andprocessed in countries that have different data protection Laws than in the country inwhich You are located or where You have Your principal place of business. You do notassume any obligations with respect to the Service Information, other than as expressly setforth in this Agreement or as required by applicable Law.

(e) You hereby grant to ˿Ƶ a non-exclusive, worldwide, perpetual, paid-up, right andlicense, including the right to grant and authorize sublicenses through multiple levels, toaccess, use, process, manipulate, modify, compile with other data or works and/or createderivative works of the Service Information: (i) for all of the purposes described in, and inaccordance with, ˿Ƶ’s Privacy Notice; (ii) to otherwise perform ˿Ƶ’s obligations toYou and provide analytics, insights, alerts, business intelligence, operational intelligenceand other services to You; and (iii) to improve ˿Ƶ’s products and services and provideanalytics, insights, alerts, business intelligence, operational intelligence and otherservices, including for ˿Ƶ’s other licensees in accordance with ˿Ƶ’s PrivacyNotice.

(f) The provisions of this Section 5(f) apply to You only if You are a dealer , servicer, orinstaller for ˿Ƶ’s products, equipment or services (“˿Ƶ Dealer”).

(i) Each ˿Ƶ Dealer hereby agrees it is solely responsible for complying with allapplicable Laws, including: (1) governmental procurements Laws; (2) Laws related tobribery, fraud, corruption, or international trade, such as the U.S. Foreign Corrupt PracticesAct, the UK Bribery Act, Canada’s Corruption of Foreign Public Officials Act and anyapplicable anti-bribery or trade Laws of other countries, as amended; (3) the U.S. ExportAdministration Regulations Act of 1979, as amended, the U.S. International Traffic in ArmsRegulations, and the sanctions, regulations and Executive Orders administered by the U.S.Treasury Department Office of Foreign Assets Control and U.S. Department of State; (4)Laws that apply to online conduct, online content, privacy, consumer protection, and Lawswith respect to Your use or other processing of the Service Information, including byobtaining all required consents from all other individuals that have enabledcommunication or other connectivity with it through the Service (“Dealer End Users”), andwith respect to the transfer of data (including any Personal Information) to and from theUnited States or your country of residence. You will also cause Your Dealer End Users tocomply with all such Laws.

(ii) Each ˿Ƶ Dealer hereby represents, warrants and covenants to ˿Ƶ that:(x) it has secured and will maintain all rights, and has provided all required notices andobtained all legally required consents, necessary to use and make available the ServiceInformation (including Submissions and any Personal Information) forwarded, submitted orotherwise made available by ˿Ƶ Dealer End Users directly, through IoT Devices andequipment, or through Third-Party Assets hereunder without violating the rights of theDealer End User or any Third Party, and without otherwise obligating ˿Ƶ to Dealer EndUsers. Each ˿Ƶ Dealer will notify ˿Ƶ immediately upon any Dealer End Userrevoking any applicable consent or exercising any applicable objection or opt out right withrespect to the ˿Ƶ Dealer’s collection, use, sharing, disclosure and other processing ofService Information in accordance with this Agreement; and (y) it will maintain a current listof all ˿Ƶ Dealer employees, consultants, or other affiliates who shall have access tothe Service as a user under the ˿Ƶ Dealer account. All agreements and transactionsbetween You as a Dealer and Dealer End Users are solely between You and your Dealer EndCustomers. ˿Ƶ disclaims all liability for any aspect of any transactions between aDealer and Dealer End Users that are in any way facilitated through the Service.

(iii) With respect to Service Information that a ˿Ƶ Dealer submits or otherwisemakes available to ˿Ƶ (“˿Ƶ Dealer Data”), each ˿Ƶ Dealer is solelyresponsible for ˿Ƶ Dealer Data, including: (x) the accuracy, integrity, quality, legality,reliability, and appropriateness of ˿Ƶ Dealer Data; (y) creating and maintainingbackups and copies of all ˿Ƶ Dealer Data, including for use in the event of a disaster orloss of ˿Ƶ Dealer Data stored in the Service; and (z) adopting procedures to identifyand correct errors and omissions in ˿Ƶ Dealer Data or and correcting such errors andomissions. Except as expressly set forth in this subsection 5(f)(ii) above, ˿Ƶ Dealersand shall not copy or store Service Information (including ˿Ƶ Dealer Data) obtainedthrough the Service. ˿Ƶ Dealers’ rights to ˿Ƶ Dealer Data shall remain subject toany additional restrictions or terms that apply to ˿Ƶ Dealer Data under any otheragreement ˿Ƶ Dealer has with ˿Ƶ or any Third Party, and ˿Ƶ does not makeany representations or warranties to ˿Ƶ Dealers with respect to ˿Ƶ Dealer Dataunder this Agreement.

(g) Some features of the Service require use of various communications systems, suchas telematics wireless communications carriers, satellite-based communication systems,internet service providers and other similar systems. ˿Ƶ uses various technologies andprocesses designed to secure communications within ˿Ƶ-provided communicationssystems; however, You recognize that such communication methods have an inherent riskof interception and/or interference and, therefore, may not be secure. You hereby consentto such communications and waive any claims that You may have against ˿Ƶ withrespect to such communication. ˿Ƶ has no responsibility for the availability, quality orperformance of communications services or equipment furnished by telecommunicationcarriers.

(h) ˿Ƶ reserves the right to refuse to accept any Service Information (including˿Ƶ Dealer Data) that You may provide. Notwithstanding the foregoing, Youacknowledge that ˿Ƶ has no responsibility for the deletion or failure to store anyService Information.

6. Compliance Measures.

During the Term, ˿Ƶ has the right (but not the obligation) to monitor, analyze and audit Your use of the Service to verify Your compliance with this Agreement.

7.Privacy Notice.

Without limiting the provisions of Section 5 or any applicable Third Party Terms, ˿Ƶ’suse of Personal Information and other data and information collected by ˿Ƶ inconnection with Your use of the Service shall be subject to ˿Ƶ’s Privacy Notice locatedat/en-us/legal/privacy-notice.htmlas updated by ˿Ƶ from time to time.

8.Maintenance and Support.

(a) “Update” means any applicable update, patch, bug or error correction, or othermodification of the Service or ˿Ƶ IoT Device or any component thereof, through amedium that ˿Ƶ may choose in its sole discretion. “Upgrade” means any minorenhancement to functionality or other minor modification to the Service that is not anUpdate. ˿Ƶ may develop Updates or Upgrades. These may be automatically installedwithout additional notices or consents. You hereby consent to automatic Updates orUpgrades. If You do not consent to automatic Updates or Upgrades You agree not to usethe Service and you should cease using the Service and ˿Ƶ IoT Device and terminateyour account for the Service. Should you decide not to terminate your account for theService you acknowledge that You will receive automatic Updates and Upgrades.

(b) You acknowledge and agree that ˿Ƶ is not required to offer or make availableany maintenance, support, repair, Updates or Upgrades, or assistance with respect to theService. If, however, ˿Ƶ makes any Update or Upgrade to the Service generally publiclyavailable to its licensees, other than on a customized basis, then ˿Ƶ may, but is notobligated to, provide You with the same Update or Upgrade at no additional cost. Youacknowledge and agree that you may be required to install Updates for proper functioningof the Service or the ˿Ƶ IoT Device and you will install any such required Updatespromptly.

(c) For clarity, any such Update or Upgrade made available to You hereunder will bedeemed to be included within the Service and subject to the terms and conditions of thisAgreement. To the extent not prohibited by applicable Laws, ˿Ƶ may remotely accessand program the IoT Devices, including telematics devices installed on IoT Devices, for anypurpose, including by way of example, (i) to install updates and upgrades to software,firmware, or operating systems (for example, to enhance safety, security or maintain properoperation of IoT Devices); or

(ii) to introduce new features, and/or change the type and frequency of data transmittedthrough devices (for example, to conduct remote troubleshooting and/or provide increasedcustomer value). ˿Ƶ cannot guarantee that user preferences and configuration settingsthat have been established by You will be preserved following an update to IoT Devices,whether performed remotely or otherwise. Except to the extent prohibited by applicableLaws, ˿Ƶ may perform such activities without notifying You.

9.Intellectual Property Rights.

You acknowledge and agree that the Service is provided under license, and not sold, toYou, and as between You and ˿Ƶ, all intellectual property rights in the Serviceincluding, without limitation, copyrights, patents, and trademarks are owned by ˿Ƶ.You do not acquire any ownership interest in the Service under this Agreement, or any otherrights thereto other than to use the same in accordance with the license granted, andsubject to all terms, conditions and restrictions, under this Agreement. ˿Ƶ reservesand shall retain its entire right, title and interest in and to the Service and all copyrights,patents, trademarks and other intellectual property rights arising out of or relating to theService (including the “look and feel” and structure, sequence and organization of theService), except as expressly granted to You in this Agreement. You shall safeguard theService (including all copies thereof) from infringement, misappropriation, theft, misuse orunauthorized access. You shall promptly notify ˿Ƶ if You become aware of anyinfringement of ˿Ƶ’s intellectual property rights in the Service, and fully cooperate with˿Ƶ, at ˿Ƶ’s sole expense, in any legal action taken by ˿Ƶ to enforce itsintellectual property rights.

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(a) The Service may include functionality that enables You to make available materials(each, a “Submission”) through or in connection with the Service, such as message boardsand other forums, and chatting, commenting and other messaging functionality. ˿Ƶhas no control over and is not responsible for any use or misuse (including any distribution)by any Third Party of any Submission. IF YOU MAKE ANY PERSONALLY IDENTIFIABLE OROTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, IT IS SOLELY ATYOUR OWN RISK.

(b) For each Submission, You hereby grant to ˿Ƶ a worldwide, royalty-free, fullypaid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable(through multiple tiers) license, without additional consideration to You or any Third Party,to reproduce, distribute, perform and display (publicly or otherwise), create derivativeworks of, adapt, modify and otherwise use, analyze and exploit such Submission, in anyformat or media now known or hereafter developed, and for any purpose (includingpromotional purposes, such as testimonials). You grant us the right to edit, copy, display,publish and distribute any Submission.

(c) In addition, if You provide ˿Ƶ any ideas, proposals, suggestions or othermaterials (“Feedback”), whether related to the Service or otherwise, such Feedback willbe deemed a Submission, and You hereby acknowledge and agree that such Feedback isnot confidential, that the provision of such Feedback is gratuitous, unsolicited and withoutrestriction, does not place ˿Ƶ under any fiduciary or other obligation, and ˿Ƶ mayuse such Feedback for any purpose whatsoever.

(d) You represent and warrant that You have all rights necessary to grant the licensesgranted in this Section 10, and that no Submission is incomplete or inaccurate, orfraudulent, tortious or otherwise in violation of any applicable Law or any right of any ThirdParty.

11.Term and Termination.

(a) This Agreement and the license granted hereunder shall remain in effect untilterminated as set forth in this Agreement (the “Term”). In addition to the foregoing, ˿Ƶmay terminate or suspend Your access to or use of the Service, in whole or in part,immediately without notice to You, if ˿Ƶ determines that: (a) it is reasonably necessaryto prevent unauthorized access to Service Information; (b) You (or Your users) fail to abideby any terms of this Agreement, or (c) Your (or Your users’) use of the Service (i) poses asecurity risk to the Service or any Third Party, (ii) may adversely impact the Service or thesystems of ˿Ƶ or any Third Party, (iii) may subject ˿Ƶ or any Third Party to liability,or (iv) may be prohibited by applicable Laws. ˿Ƶ also may cease making the Serviceavailable upon thirty (30) days’ notice, if ˿Ƶ determines that market demand no longerwarrants continuing to make available the Service, or immediately, in order to comply withany applicable Laws. In addition, ˿Ƶ may restrict the Service’s availability at any time,in whole or in part, to any person, geographic area or jurisdiction, if ˿Ƶ reasonablydetermines that continuing to make the Service available is no longer warranted for legal orregulatory reasons. Upon any such termination or suspension by ˿Ƶ, Your right to usethe Service will immediately cease, and ˿Ƶ may, without liability to You or any ThirdParty, immediately deactivate or delete Your user name, password and account and allassociated materials, without any obligation to provide any further access to suchmaterials. If You no longer desire to use the Service, You may discontinue Your use anddelete the Service from Your devices.

(b) If you sell or otherwise transfer an IoT Device to a new owner or you otherwise nolonger have the right to control or monitor an IoT Device with the Service, your right to usethe Service with respect to that IoT Device automatically terminates and you agree toimmediately remove the IoT Device from your account on the Service. The new owner willhave no right to use the IoT Device or Service under your account and will need to registerfor a separate account and accept this Agreement.

(c) Upon termination of this Agreement, the license granted hereunder shall alsoterminate, and You shall cease using and shall destroy all copies of materials within theService that are in Your possession or control.

12.Warranty Disclaimer.

THE SERVICE AND ANY THIRD-PARTY MATERIALS/SERVICES (WHICH MAY INCLUDESUBMISSIONS), ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTSAND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENTPERMITTED UNDER APPLICABLE LAW, PENTAIR EXPRESSLY DISCLAIMS ALL WARRANTIESAND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITHRESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OFMERCHANTABILITY, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLEAND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OFDEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITINGTHE FOREGOING, PENTAIR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NOREPRESENTATION OF ANY KIND, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHERAPPLICATION, SYSTEM, DEVICE OR SERVICE, PROCESS OR COMPILE DATA ACCURATELYOR COMPLETELY, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE ORRELIABILITY STANDARDS, OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CANOR WILL BE CORRECTED. NOTWITHSTANDING YOUR ACCESS TO AND USE OF THESERVICE AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE(WHETHER ACCURATE OR INACCURATE), INCLUDING WITH RESPECT TO THEOPERATION, MAINTENANCE OR PERFORMANCE STATUS OF PRODUCTS AND SERVICESUSED IN CONNECTION WITH THE SERVICE, YOU ARE SOLELY RESPONSIBLE FOR, ANDASSUME ALL RISK RELATED TO THE PROPER OPERATION, SUPPORT AND MAINTENANCEOF PRODUCTS AND SERVICES USED IN CONNECTION WITH THE SERVICE. THEEXCLUSION OF CERTAIN WARRANTIES IS PROHIBITED IN SOME JURISDICTIONS, INWHICH CASE SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

PENTAIR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITYFOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH, OR INCONNECTION WITH, THE SERVICE OR IOT DEVICES.

THE SERVICE MAY PROVIDE YOU INFORMATION REGARDING YOUR IOT DEVICESINCLUDING, BUT NOT LIMITED TO INSIGHTS AND ALERTS. THE TYPE OF INFORMATIONMAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THEFOREGOING, ALL INFORMATION ABOUT YOUR IOT DEVICES IS PROVIDED FOR YOURCONVENIENCE, “AS IS”, AND “AS AVAILABLE”. PENTAIR DOES NOT REPRESENT,WARRANT, OR GUARANTEE THAT THE INFOMRATION WILL BE AVAILABLE, ACCURATE, ORRELIABLE.

THE SERVICE MAY GIVE YOU THE OPPORTUNITY TO CHANGE PARTICULAR SETTINGS. THECHOICES YOU MAKE CAN CAUSE NON-RECOMMENDED OR UNINTENDED OPERATIONOR NON-OPERATION OF YOUR IOT DEVICES AND SERVICE. YOU ASSUME ALL LIABILITYFOR ANYDAMAGES AND LOSSES CAUSED BY, OR RELATED TO, THE CHOICE YOU MAKEFOR THE PARTICULAR SETTINGS.

13.Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PENTAIRHAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND/OR YOUR USEOF OR INABILITY TO USE THE SERVICE (OR ARISING FROM OR RELATED TO ANY PRODUCTOR COMPONENT WITH WHICH THE SERVICE CONNECTS), FOR BODILY INJURY,PROPERTY DAMAGE (INCLUDING DAMAGE TO EQUIPMENT), LOST PROFITS, COST OFSUBSTITUTE SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION,COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL,INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.

IN NO EVENT SHALL PENTAIR’S MAXIMUM AGGREGATE LIABILITY HEREUNDER EXCEEDONE-HUNDRED U.S. DOLLARS ($100). PENTAIR’S LIMITATION OF LIABILITY ISCUMULATIVE, AND THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE OREXTEND SUCH LIMIT.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES OR LIABILITYARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,AND REGARDLESS OF WHETHER SUCH DAMAGES OR LIABILITY WERE FORESEEABLE ORPENTAIR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. THELIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDERTHIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE LIMITATION OF CERTAINLIABILITIES IS PROHIBITED IN SOME JURISDICTIONS, IN WHICH CASE SOME OF THESELIMITATIONS MAY NOT APPLY TO YOU.

14.Ի𳾲ԾھپDz.

You agree to indemnify, defend and hold harmless ˿Ƶ, its subsidiaries and otheraffiliates, and its and their directors, officers, employees, licensors, suppliers and agents(“Indemnitees”), from and against any claim, demand or cause of action brought by anyThird Party arising out of or related to: (a) access to or use of the Service by You or by anyother person or entity to whom You may provide access to or use of the Service includingpersonal injury or damage to equipment or other property; (b) any Service Information(including Device Data) and/or any other data made available to You or by You or any suchother person or entity; (c) any Submission; (d) Your breach of this Agreement, including thewarranties and representations provided herein; (e) Your negligence or willful misconduct;or (f) Your infringement, misappropriation or violation of any proprietary or other right of anyThird Party.

15.Export Regulation.

The Service may be subject to US export control Laws, including the US ExportAdministration Act and its associated regulations. You shall not, directly or indirectly,export, re-export or release the Service to, or make the Service accessible from, anyjurisdiction or country to which export, re-export or release is prohibited by Law. You shallcomply with all applicable Laws, and complete all required undertakings (includingobtaining any necessary export license or other governmental approval), prior to exporting,re-exporting, releasing or otherwise making the Service available outside the US. Yourepresent and warrant that You are not: (a) located in any country that is subject to a USGovernment embargo, or that has been designated by the US Government as a “terroristsupporting” country; or (b) listed on any US Government list of prohibited or restrictedparties.

16.Telematics Devices.

Transmission of information using a telematics device (including cellular, satellite, localarea networks and other similar systems) may be subject to legal requirements (includingwith respect to radio frequency use authorization) that may vary from location to location.You agree to comply with all legal requirements relating to transmission of informationusing telematics devices, including limiting use of any such device to those locationswhere all legal requirements for the use of the device and related communicationsnetworks have been satisfied. Except to the extent prohibited by applicable Laws, ˿Ƶdisclaims all liability related to any failure to comply with any legal requirements relating totransmission of information using telematics devices. If ˿Ƶ discovers any such noncompliance, ˿Ƶ may discontinue the transmission of information from that device.

17.Government Entity Rights and Obligations.

The Service is a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101, consistingof “Commercial Computer Software” and “Commercial Computer SoftwareDocumentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, asapplicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7201 through 2277204 asapplicable, this Commercial Computer Software and Commercial Computer SoftwareDocumentation is licensed to US government entity end users pursuant to the licensecustomarily provided to the public, with only those rights as are granted to the publicpursuant to the terms and conditions herein and ˿Ƶ’s applicable public sector enduser license agreement. As the Service consists of Commercial Computer Software andCommercial Computer Software Documentation offered pursuant to a standardcommercial license, this provision and the rights and obligations in such addendum are inlieu of, and supersede, any Federal Acquisition Regulation (“FAR”) clauses, clauses foundin the Defense FAR Supplement (“DFARS”), or other federal, state, or local governmentclauses or provisions that address a US government entity’s rights in computer software,technical data, or intellectual property.

18.DzԴھԳپٲ.

All information about ˿Ƶ’s business, including but not limited to information relating toits computer programs or processes, customers, object code or source code, products,prices, employees, sales, marketing, or financial matters disclosed to You in the course ofusing the Service is confidential and/or proprietary information of ˿Ƶ, and except asexpressly provided in this Agreement, may not be disclosed by You or Your employees,consultants or contractors to any Third Party. Further, no such information may be used byYou or Your employees, consultants or contractors for their own benefit or for the benefit ofany Third Party unless expressly authorized in this Agreement, or for any purpose other thanto use the Service.

As set forth in Section 22, if it appears that You or Your employees, consultants orcontractors have breached the provisions of this Section (or have threatened to breachthose provisions), ˿Ƶ shall be entitled to apply to any court of competent jurisdictionfor temporary or permanent injunctive relief restraining You and Your employees,consultants and contractors from further breaches, and from providing services to anyThird Party to whom ˿Ƶ’s confidential and/or proprietary information has been or maybe disclosed. ˿Ƶ shall in addition be entitled to pursue any other available remedies,including any claim for damages. The provisions of this Section shall remain in full forceand effect after termination of this Agreement.

19.𱹱ٲ.

If any provision of this Agreement is illegal or unenforceable under applicable Law, theremainder of the provision will be amended to achieve as closely as possible the effect ofthe original term, and all other provisions of this Agreement will continue in full force andeffect.

20.Governing Law.

This Agreement is governed by and construed in accordance with the internal Laws of theState of Minnesota, without regard to its principles of conflicts of Law that would cause theapplication of the Laws of any other jurisdiction, and regardless of Your location. However,this provision may not be valid in your jurisdiction and local laws would therefore applyinstead.

21.ܰ徱پDz.

Subject to Section 22, and to the fullest extent permitted by applicable Laws, any legal suit,action or proceeding arising out of or related to this Agreement or the Service shall beinstituted exclusively in the federal courts of the United States or the courts of the State ofMinnesota, in each case located in the city of Minneapolis, Minnesota. To the fullest extentpermitted by applicable Laws, You hereby waive any and all objections to the exercise ofjurisdiction over You by such courts and to venue in such courts. This provision does notlimit the rights that you may have under your local consumer protection law to file acomplaint before competent local courts.

22. Arbitration.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. If Your residence or principalplace of business is in the United States, You and ˿Ƶ agree that this Agreementaffects interstate commerce and that the Federal Arbitration Act (“FAA”) governs theinterpretation and enforcement of these arbitration provisions.

You and ˿Ƶ are each subject to the terms of this Section 22 below.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, ALL DISPUTES ARISINGOUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICE AND ALLRELATED MATTERS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGHFINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN ACOURT BY A JUDGE OR JURY AND YOU AGREE THAT PENTAIR AND YOU ARE EACHWAIVING THE RIGHT TO TRIAL BY A JURY; PROVIDED THAT PENTAIR MAY APPLY TO ANYCOURT OF COMPETENT JURISDICTION FOR TEMPORARY OR PERMANENT INJUNCTIVERELIEF WITH RESPECT TO DISPUTES RELATING TO INTELLECTUAL PROPERTY RIGHTSOR BREACH OF CONFIDENTIALITY OBLIGATIONS, WITHOUT BREACH OF THISSECTION 22 WITHOUT ANY ABRIDGMENT OF THE POWERS OF THE ARBITRATOR. TOTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT ANYARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS;CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AREAGREEING TO GIVE UP THE ABILITY TO PARTICIPATE

IN A CLASS ARBITRATION OR CLASS ACTION. If You do not want to be bound by thisarbitration provision, You may opt out. In order to opt out of this arbitration provision,You must notify us in writing that You do not want to resolve disputes with us byarbitration, and such notice should be delivered by mail to the address listed inSection 25, within thirty (30) days of the earlier of: (a) the date You first use or accessthe Site; and (b) the date You click or tap any button or box marked “accept,” “agree”or “ok” (or a similar term) in connection with this Agreement.

The provisions of Section 20 will apply with respect to the governing Law of the arbitration.

If Your principal place of business is in the United States or Canada, the arbitrationwill be administered by JAMS under its Comprehensive Arbitration Rules andProcedures (the “Comprehensive Rules”) (currently availableat ,as amended by thisAgreement. If Your residence or principal place of business, as applicable, is in anycountry in APAC, then the arbitration will be administered by theSingapore International Arbitration Centre (SIAC) in accordance with the ArbitrationRules of the Singapore International Arbitration Centre. If Your residence or principalplace of business, as applicable, is outside of the United States, Canada or anycountry in APAC, then the arbitration will be administered by the InternationalChamber of Commerce (ICC) in accordance with ICC Rules of Arbitration. Thearbitration rules specified in this subsection are referred to as the “Rules.” For thepurposes of this Agreement, “APAC” means the geographic region that includes thefollowing countries: Australia, Bangladesh, Brunei, Burma, Cambodia, China(including Hong Kong Special Administrative Region and Macau Special AdministrativeRegion), Christmas Islands, Fiji, India, Indonesia, Japan, Kiribati, Laos, Malaysia,Marshall Islands, Federated States of Micronesia, Mongolia, Nauru, New Zealand,Palau, Papua New Guinea, Philippines, Samoa, Singapore, Solomon Islands, SouthKorea, Sri Lanka, Taiwan, Thailand, Timor-Leste, Tonga, Tuvalu, Vanuatu and Vietnam.

Selection of the arbitrator shall be in accordance with the Rules. The arbitrator willconduct hearings, if any, by teleconference or videoconference, rather than bypersonal appearances, unless the arbitrator determines upon request by You or by˿Ƶ that an in-person hearing is appropriate. If Your principal place of business isin the United States or Canada, any in-person appearances will be held inMinneapolis, Minnesota, provided that if You are a consumer (as defined by the Rules),You have a right to an in-person hearing in Your hometown area. If the parties areunable to agree on a location, such determination should be made pursuant to theRules or by the arbitrator. If Your residence or principal place of business is in acountry in APAC, the place of arbitration will be Singapore. If Your residence orprincipal place of business is outside of the United States, Canada or any country inAPAC, the place of arbitration will be London, United Kingdom. The arbitration shall beconducted in English. Notwithstanding the foregoing, if your principal place ofbusiness is in the Netherlands, you may opt to resolve any Dispute before Dutchcourts, provided that you notify ˿Ƶ of this election within thirty (30) days of ˿Ƶnotifying you of ˿Ƶ’s intention to commence arbitration.

The arbitrator’s decision will follow the terms of this Agreement and will be final andbinding. The arbitrator will have authority to award temporary, interim or permanentinjunctive relief or relief providing for specific performance of this Agreement, butonly to the extent necessary to provide relief warranted by the individual claim beforethe arbitrator. The award rendered by the arbitrator may be confirmed and enforced inany court having jurisdiction thereof. The arbitrator’s award will provide a writtenstatement of the disposition of each claim, the award given and the essential findingsand conclusions on which the award is based. Notwithstanding any of the foregoing,nothing in this Agreement will preclude You from bringing issues to the attention offederal, state or local agencies and, if applicable Law allows, they can seek reliefagainst ˿Ƶ for You. If You are a consumer (as defined by the Rules), remedies thatwould otherwise be available to You under applicable federal, provincial, state or localLaws will remain available under this arbitration clause, unless You retain the right topursue such remedies in court. As part of the arbitration, both You and ˿Ƶ willhave the opportunity for discovery of non-privileged information that is relevant to theclaim.

If You are a consumer (as defined by the Rules) and You initiate arbitration against˿Ƶ, the only fee required to be paid is $250 (the approximate cost of court filingfees) and all other costs will be borne by ˿Ƶ, including any remaining JAMS CaseManagement Fee and professional fees for the arbitrator’s services. If ˿Ƶ initiatesarbitration against You and You are a consumer (as defined by the rules), ˿Ƶ willpay for all costs associated with the arbitration. The parties are responsible for payingtheir own attorneys’ fees. For arbitrations outside of California, the arbitrator shallhave the authority to award attorney's fees and costs to the prevailing party if such anaward is allowed under applicable Law. For arbitrations within California, thearbitrator shall not have the authority to award attorney's fees and costs to a claimantwho does not prevail against ˿Ƶ.

23.Waiver.

No failure to exercise, and no delay in exercising, on the part of either party, any right or anypower hereunder shall operate as a waiver thereof, nor shall any single or partial exercise ofany right or power hereunder preclude further exercise of that or any other right hereunder.In the event of a conflict between this Agreement and any applicable purchase or otherterms, the terms of this Agreement shall govern.

24.Construction.

Any heading, caption or section title contained herein is for convenience only, and in noway defines or explains any section or provision. All terms defined in the singular will havethe same meanings when used in the plural, where appropriate and unless otherwisespecified. Any use of the term “including” or variations thereof in this Agreement will beconstrued as if followed by the phrase “without limitation”.

25.Notices.

You agree that ˿Ƶ may contact You by any reasonable means, including via the contactinformation You have provided in the Service account, by e-mail or the user interface forthe Service, to provide You with information and notices relating to the Service, thisAgreement or for other purposes related to the subject matter of this Agreement. Noticesto ˿Ƶ will be delivered by registered or certified mail only, return receipt requested, tothe following address: 5500 Wayzata Blvd., Suite 900, Golden Valley, MN 55416, Attention:General Counsel. Unless otherwise provided by applicable Laws, notices are effective (a)when delivered personally, (b) seven (7) days after having been sent by registered orcertified mail, return receipt requested, postage prepaid, (c) two (2) business days afterdeposit with a private industry express courier, with written confirmation of receipt, (d) foremail or other electronic transmission to You, when sent, or (e) if posted in the userinterface for the Service for You, when posted. You are responsible for ensuring that theemail address and contact information in Your account is accurate and current. Noticessent via email will be effective when sent regardless of whether actually received.

26.Assignment.

You may not assign this Agreement, or any of Your rights or obligations under thisAgreement, without the prior written consent of an authorized representative of ˿Ƶ.˿Ƶ may assign this Agreement and any of ˿Ƶ’s rights or obligations under thisAgreement, in whole or in part, without consent. All the terms and provisions of thisAgreement shall be binding upon and inure to the benefit of the parties, their successorsand permitted assigns.

27.Third Party Beneficiaries.

This Agreement is intended for the sole and exclusive benefit of the parties and is notintended to benefit any Third Party unless expressly provided otherwise herein. Only theparties to this Agreement may enforce it.

28.Survival.

The provisions of Sections 1 (“Definitions”), 5 (“Responsibility for Use of Service”), 9(“Intellectual Property Rights”), 10 (“Submissions”), 11(b) (“Termination”), 12 (“WarrantyDisclaimer”), 13 (“Limitation of Liability”), 14 (“Indemnification”), 18 (“Confidentiality”), 20(“Governing Law”), 21, (“Jurisdiction”), 22 (“Arbitration”), this Section 28 (“Survival”), andany other Section, exhibit, addenda or attachment that, by its nature, is intended to survivetermination, shall survive any expiration or termination of this Agreement.

29.Information or Complaints.

If You have a question or complaint regarding the Service, please contact ˿Ƶ at theaddress listed in Section 25. Please note that e-mails may not be secure, so You should notinclude any sensitive information in any e-mail.

30.Apple-Specific Terms.

In addition to Your agreement with the foregoing terms and conditions, andnotwithstanding anything to the contrary herein, the following provisions apply with respectto Your use of any version of a mobile app included in the Service that is compatible withthe iOS operating system of Apple Inc. (“Apple”, and any such app, the “iOS App”). Apple isnot a party to this Agreement and does not own and is not responsible for the iOS App.Apple is not providing any warranty for the iOS App except, if applicable, to refund thepurchase price for it. Apple is not responsible for maintenance or other support services forthe iOS App and shall not be responsible for any other claims, losses, liabilities, damages,costs or expenses with respect to the iOS App, including any third-party product liabilityclaims, claims that the iOS App fails to conform to any applicable legal or regulatoryrequirement, claims arising under consumer protection or similar legislation, and claimswith respect to intellectual property infringement. Any inquiries or complaints relating tothe use of the iOS App, including those pertaining to intellectual property rights, must bedirected to ˿Ƶ in accordance with the “Information or Complaints” section above. Thelicense You have been granted herein is limited to a non-transferable license to use the iOSApp on an Apple-branded product that runs Apple’s iOS operating system and is owned orcontrolled by You, or as otherwise permitted by the Usage Rules set forth in Apple’s AppStore Terms of Service, except that the iOS App may also be accessed and used by otheraccounts associated with You via Apple’s Family Sharing or volume purchasing programs.In addition, You must comply with the terms of any third-party agreement applicable to Youwhen using the iOS App, such as Your wireless data service agreement. Apple and Apple’ssubsidiaries are third-party beneficiaries of this Agreement and, upon Your acceptance ofthe terms and conditions of this Agreement, will have the right (and will be deemed to haveaccepted the right) to enforce this Agreement against You as a third-party beneficiarythereof; notwithstanding the foregoing, ˿Ƶ’s right to enter into, rescind or terminateany variation, waiver or settlement under this Agreement is not subject to the consent ofany Third Party.

31.Electronic Signature and Disclosure Consent Notice.

You agree to the use of electronic documents and records in connection with thisAgreement and all future documents and records in connection with the App—includingthis electronic signature and disclosure notice—and that this use satisfies any requirementthat ˿Ƶ provides You these documents and their content in writing. If You do not agree,do not enter into this Agreement. You have the right to receive a paper copy of alldocuments and records. You may (a) obtain a paper copy of any document or record (freeof charge), (b) withdraw Your consent to the use of electronic documents and records, or(c) update Your contact information through your App account.

32.Entire Agreement.

This Agreement constitutes the entire understanding and agreement between the partieswith respect to the subject matter addressed herein and supersedes any and all prior orcontemporaneous oral or written communications with respect to the subject matterhereof, all of which are merged herein.

ADDITIONAL TERMS AND CONDITIONS RELATED TO DEMAND RESPONSE PROGRAMSAND SERVICES.

Certain IoT Devices may include features that enable participation, where available, indemand response, load management, or similar programs offered or administered byutilities, grid operators, aggregators, or other third parties (each, a “DR Program”). DRPrograms, including availability, enrollment, whether participation is voluntary or required,how events are initiated, and whether any incentives or other benefits are offered, aredetermined by the applicable DR Program provider and may vary by location and over time.If You choose to enroll, the DR Program may allow the program provider (or other entitiesauthorized by You) to send signals or commands that automatically schedule, shift,reduce, or curtail the IoT Device’s energy consumption during specified periods. Followinga DR event, the IoT Device may resume or adjust operation based on its configuration,device capabilities, and the applicable DR Program parameters.

If You choose to participate in a DR Program, the DR Program may be offered oradministered by a utility, grid operator, aggregator, or other third party (the “DR Provider”)and is subject to the terms, conditions, and restrictions between You and the DR Provider.You should look to Your DR Provider with respect to any questions, concerns or otherinformation You need regarding the costs, risks, benefits, expectations, performance andterms related to the DR Program. ˿Ƶ’s role is limited to providing functionality that mayallow the IoT Device(s) and/or the Service to interface with the DR Program, as applicable.

To participate in a DR Program You agree that:

(i) ˿Ƶ may share information You provide in connection with Your enrollment orparticipation (including, as applicable, Your name, email address, service address, utilityaccount information, device identifiers (such as serial number), and other enrollment orprogram-related data) with the DR Provider for purposes of administering the DR Program,including verifying eligibility, enrollment status, or device compatibility. Any incentives,rebates, credits, or other benefits (if any) are offered and administered solely by the DRProvider. ˿Ƶ bears no responsibility for the DR Program or for any incentive, rebate, orpayment and makes no promise of any specific amount;

(ii) Any information You provide in connection with Your enrollment or participationin a DR Program is truthful, accurate, and complete, and You meet any applicablerequirements of the DR Program;

(iii) You release and hold harmless ˿Ƶ from any liability, claim, demand, causeof action, damage or expense resulting from or relating to your participation in any such DRProgram or ˿Ƶ’s release of any information to a DR Provider or other use pursuant tothese Terms;

(iv)˿Ƶ does not guarantee or promise any specific level of energy savings orother monetary benefit; and

(v) ˿Ƶ may receive Service Information and related data regarding the IoTDevice(s) and/or the Service from the DR Provider in connection with Your participation inthe DR Program, and ˿Ƶ may use such information in accordance with this Agreement.

PENTAIR IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY ARISING OUT OF ORRELATED TO: (I) THE PERFORMANCE OF THE DR PROGRAM OR ANY DR PROVIDER, (II) THEOPERATION OF THE IOT DEVICES AND/OR SERVICE IN CONNECTION WITH THE DRPROGRAM, INCLUDING BUT NOT LIMITED TO, THE SPEEDING UP OR SLOWING DOWN OFTHE IOT DEVICES, THE POWERING ON OR OFF OF THE IOT DEVICES, OR OTHERWISESENDING COMMANDS TO THE IOT DEVICES WHICH AFFECT THE OPERATION OF THE IOTDEVICES, (III) THE ACCURACY OR INACCURACY OF THE COMMANDS OR INSTRUCTIONSTO THE IOT DEVICES, (IV) ANY CONTENT, SOFTWARE, HARDWARE OR OTHER MATERIALSPROVIDED BY THE DR PROVIDER, (V) ANY ERROR, OMISSION, INTERRUPTION, DEFECT ORDELAY IN THE PERFORMANCE OF THE IOT DEVICES AND/OR SERVICE CAUSED BYAND/OR RESULTING FROM THE USE OF THE IOT DEVICES AND SERVICE IN CONNECTIONWITH THE DR PROGRAM, (VI) FAILURE OF THE IOT DEVICES AND/OR THE SERVICE TORECEIVE OR PROCESS DR PROGRAM SIGNALS, COMMUNICATIONS, OR INSTRUCTIONS;AND/OR (VII) THEFT, DESTRUCTION, OR ALTERATION OF, TAMPERING WITH,DISSEMINATION OF VIRUSES IN, UNAUTHORIZED ACCESS TO, THE IOT DEVICES AND/ORSERVICE.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT, BY PARTICIPATING IN THE DR PROGRAM,YOU ARE AUTHORIZING THE DR PROVIDER (OR OTHER THIRD PARTIES AUTHORIZED BYYOU OR THE DR PROVIDER) TO SEND SIGNALS OR COMMANDS THAT MAY MODIFY,OVERRIDE, OR AFFECT CERTAIN CONTROLS, SETTINGS, AND/OR OPERATION OF THE IOTDEVICES AND/OR THE SERVICE WHICH COULD RESULT IN LIMITATIONS OR FAILURE OFTHE IOT DEVICESAND/OR SERVICE. SUCH SIGNALS OR COMMANDS MAY RESULT INUNEXPECTED OPERATION OR NON-OPERATION, INCLUDING LIMITATIONS,INTERRUPTIONS, OR CHANGES IN PERFORMANCE THAT MAY LEAD TO DAMAGE TO THEIoT DEVICES AND OTHER PROPERTY AND/OR INJURY TO PERSON(S) INCLUDING DEATH,INCLUDING. WITHOUT LIMITATION, SUCTION ENTRAPMENTS, PRESSURIZED AIRCAUSING A PUMP HOUSING COVER, FILTER LID, AND VALVES TO VIOLENTLY SEPARATE ,ELECTRIC SHOCK AND FLOODING. PLEASE CONSULT YOUR IOT DEVICE OWNER’SMANUAL FOR FURTHER IMPORTANT WARNINGS AND SAFETY INSTRUCTIONS. YOUKNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME RESPONSIBILITY FOR, EACH OFTHESE RISKS AND DANGERS, AND ALL OTHER SUCH RISKS AND DANGERS THAT COULDARISE OUT OF, OR OCCUR AS A RESULT OF YOUR PARTICIPATION IN THE DR PROGRAM.

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