These Subscription Terms and Conditions (“Terms”) form a binding agreement between Two Sense, LLC (“Two Sense”, “we”, “us”, or “our”) and you. By clicking to accept these Terms, you agree that you have read, understood, accept and agree to be bound by all of the terms and conditions contained in our Terms of Service, our Terms of Sale, our Privacy Policy, and any other terms or policies applicable to our Services. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Terms of Service.
We provide a subscription service that allows you to monitor the performance of your HVAC system through the App and receive text message alerts.
We will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription, unless and until you cancel your subscription. To use the App, you must provide us with one or more current, valid and accepted methods of payment, as may be updated from time to time, and which may include payment through your account with a third party (“Payment Method”). You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method.
From time to time, we may offer different subscription plans, and the fees for such subscriptions may vary.
You may be eligible for a free trial subscription with the purchase of your Chatterbox device. You can view the details of your free trial in your user account sales order section. It is very important to understand that unless you cancel your subscription, you may not receive a notice from us when your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to 11:59 PM Eastern Time on the last day of your free trial period. You may cancel your subscription at any time as described in the “Cancellation” Section of these Terms below. If you cancel your subscription during a free trial, cancellation may be effective immediately.
As used in these Terms, “billing” shall mean either a charge or a debit, as applicable, against your Payment Method. We will automatically bill your Payment Method for the subscription fee and any other charges you may incur in connection with your use of the App, such as taxes and possible transaction fees, on the later of the day you start your subscription or the day your free trial (if applicable) ends, and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. You acknowledge and agree that the timing of when you are billed and the amount billed each Billing Period may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a subscriber on January 31, your Payment Method would next be billed on February 28), due to free trials and other promotional offers, credits applied, or changes in your subscription or Payment Method. You may view the next recurring billing date in the sale order section of the application.
To use the App, you must provide one or more Payment Methods. When you provide a Payment Method, we may attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with an authorization hold, but your available balance or credit limit may be reduced. In the event of a failed attempt to charge your Payment Method, you authorize us to retry billing your Payment Method. Furthermore, you authorize us to charge any Payment Method associated with your account if your primary Payment Method is declined or no longer available to us for payment of your subscription fee. We may suspend or cancel your subscription and/or access to the App if we remain unable to successfully charge a valid Payment Method. You remain responsible for any uncollected amounts, including without limitation collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees and arbitration or court costs. The issuer of your Payment Method may charge you certain fees, such as fees related to the processing of your Payment Method. Check with your Payment Method service provider for details. You can update your Payment methods in your user account settings. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
We may change our subscription plans and the price(s) of the subscription plans from time to time, effective as of the beginning of the next Billing Period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of any changes in applicable taxes. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription plan before the change takes effect.
You can cancel your subscription at any time by visiting your user account settings and deactivate account. You may also do it in the active order section clicking cancel on the active order. You must cancel your subscription prior to 11:59 PM Eastern Time on the day before your next recurring billing date in order to avoid being charged. Unless otherwise communicated, if you cancel your subscription, you will continue to have access to the App through the end of your current Billing Period and your subscription will automatically end at the end of such Billing Period.
All payments are nonrefundable and there are no refunds or credits for partially used, cancelled or terminated subscription periods. Following any cancellation, however, unless otherwise communicated by us, you will continue to have access to the App through the end of the current Billing Period. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstances.