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(f) Open Source. Certain items of independent, third party code may be included in the Web App and/or Mobile Apps that are subject to the GNU General
Public License (“GPL”) or other open source licenses (“Open Source Soware”). The Open Source Soware is licensed under the terms of the license that
accompanies such Open Source Soware. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and
conditions of any applicable end user license for such Open Source Soware. In particular, nothing in these Terms restricts your right to copy, modify,
and distribute such Open Source Soware that is subject to the terms of the GPL.
(g) Privacy Policy. Please review the Privacy Policy. The Privacy Policy describes practices regarding the information that trutankless may collect from
users of the Products and Services.
(h) Security. trutankless cares about the integrity and security of your personal information. However, trutankless cannot guarantee that unauthorized
third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you
provide your personal information at your own risk.
(i) Modification. trutankless reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice.
You agree that trutankless will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any
part thereof.
(j) Access Outside Certain Countries. Although the Site is accessible worldwide, the Products and Services provided or accessed through or on the Site
are not available to all persons or in all countries. If you choose to access the Site from outside a country in which trutankless supports the Product and
Services you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and
accept that the Site is not designed for use in a non-Target Country and some or all of the features of the Site may not work or be appropriate for use in
such a country. To the extent permissible by law, trutankless accepts no responsibility or liability for any damage or loss caused by your accessing or use
of the Site in a non-Target Country. You will be bound by these Terms wherever you access or use the Site or use the Services.
4. AGREED USAGE AND LIMITATIONS OF TRUTANKLESS SERVICES
(a) Intended Use of trutankless Services. The Services are intended to be accessed and used for non-time-critical information and control of yrutankless
products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The
Services are subject to sporadic interruptions and failures for a variety of reasons beyond trutankless’s control, including Wi-Fi intermittency, service
provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that trutankless is not responsible for
any damages allegedly caused by the failure or delay of the Services to reflect current status or notifications.
(b) No Life-Safety or Critical Uses of the Services. You acknowledge that the Products and Services are not certified for emergency response. YOU
UNDERSTAND THAT THE PRODUCTS AND SERVICES ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM —TRUTANKLESS DOES
NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. In
addition, the trutankless Customer Care and Support contacts cannot be considered a lifesaving solution for people at risk in the home, and they are no
substitute for emergency services. All life threatening and emergency events should be directed to the appropriate response services.
(c) Reliability of Notifications. You acknowledge that the Services, including remote access and mobile notifications, are not intended to be 100%
reliable and 100% available. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL
NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR
TRUTANKLESS PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY – THEY ARE NOT A SUBSTITUTE FOR A THIRD-PARTY MONITORED
EMERGENCY NOTIFICATION SYSTEM. The information provided by trutankless on what to do in an emergency is based on authoritative safety sources,
but there is no way for trutankless to provide specific information relating to a situation in your home. You acknowledge that it is your responsibility to
educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.
(d) Temporary Suspension. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or
other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. trutankless does not oer any specific uptime
guarantee for the Services.
(e) System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate
reliably with the Products; (ii) an Account; (iii) mobile clients such as a supported phone or tablet (required from some functionality); (iv) always-on
broadband 34 Bollente trutankless® Series Water Heaters www.trutankless.com Internet access in your home; and (v) other system elements that may
be specified by trutankless. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly
configured. You acknowledge that the Services may not work as described when the
requirements and compatibility have not been met.
(f) Energy Savings and other Benefits. Unless explicitly promising a “guarantee,” trutankless does not guarantee or promise any specific level of
energy savings or other monetary benefit from the use of the Products or Services or any feature of them. Actual energy savings and monetary
benefits vary with factors beyond trutankless’s control or knowledge. From time to time, trutankless may use the Services to provide you with
information that is unique to you and your energy usage and suggests an opportunity to save money on energy or water bills if you adopt
suggestions or features of the Product or Services. We do this to highlight an opportunity based on our analysis and information about you and your
household. You acknowledge that these promotions are not a guarantee of actual savings, and you agree not to seek monetary or other remedies
from trutankless if your savings dier.
(g) The Services provide you information (“Product Information”) regarding the Products in your home and their connection with other products and
services. All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical,
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