These Terms of Service (“Terms”) form a binding agreement between Two Sense, LLC (“Two Sense”, “we”, “us”, or “our”) and you. By using this website, www.twosenselive.com, (the “Website”), our mobile application (the “App”), or any of the content, products, and services made available on or through the Website or the App (the “Services”), as a guest or registered user, or 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 the Terms, our Privacy Policy, the Terms of Sale, the Subscription Terms, and any other terms or policies applicable to our products and Services (collectively referred to as the “Two Sense Policies”).
If you do not agree with any of the Two Sense Policies, you must not access or use the Website, App, or Services (collectively referred to as the “Offerings”), or purchase any products. By using the Offerings and/or purchasing products, you represent and warrant that: (a) you are of legal age to form a binding contract with us; and (b) if you use the Offerings and/or purchase products on behalf of an organization, company or other entity, you have the legal authority to, and hereby do, bind such organization, company or entity to the Two Sense Policies.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE DISPUTES, ALL OF WHICH ARE AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND TWO SENSE.
The terms governing your purchase of a Chatterbox unit are set forth in the Chatterbox Terms of Sale (the “Terms of Sale”) and can be reviewed by visiting TERMS OF SALE.
The terms governing your subscription to our subscription Offerings are set forth in the Chatterbox Subscription Terms (the “Subscription Terms”) and can be reviewed by visiting LINK TO SUBSCRIPTION TERMS. The Terms of Sale and the Subscription Terms are hereby incorporated by reference.
In the event of any conflict between the Two Sense Policies, the order of precedence shall be as follows: first, the Service Terms, second, the Privacy Policy, and finally, these Terms; provided that, for the avoidance of doubt, the limitations of liability, indemnification obligations and dispute resolution provisions set forth in these Terms shall apply in all cases, except to the extent the Service Terms the contain explicit and conflicting provisions specifically governing those topics.
We may revise and update the Two Sense Policies from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Offerings thereafter.
Your continued use of the Offerings following the posting of revised terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. Although we are not required to do so, if we do notify you of any changes to the Two Sense Policies, you agree that any such notice may be posted on the Website or may be delivered to you via email or by any other written or electronic means chosen by us in our reasonable discretion.
Two Sense grants you a limited, revocable, non-exclusive, and non-transferable license to install, access, and use the Offerings on devices owned or otherwise controlled by you, or to access and use the Offerings through a web browser, as applicable and strictly in accordance with these Terms. You acknowledge and agree that the Offerings are provided under license, and not sold, to you. You do not acquire any ownership interest in the Offerings under these Terms, or any other rights thereto other than to use the Offerings in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Two Sense and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Offerings, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
We reserve the right to suspend access to the Offerings in our sole discretion without notice. We will not be liable if for any reason all or any part of the Offerings is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Offerings or all of the Offerings.
You are responsible for both:
The Two Sense name, the Two Sense logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Two Sense, LLC. You must not use these marks without the prior written permission of Two Sense. All other names, logos, product and service names, designs, and slogans appearing in the Offerings are the trademarks of their respective owners.
The Offerings, including their features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Two Sense, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Offerings for your personal or non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform publicly, republish, download, store, or transmit any of the material from the Offerings, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Offerings in breach of these Terms, your right to use the Offerings will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Offerings or any materials comprising the Offerings is transferred to you, and Two Sense reserves all rights not expressly granted. Any use of the Offerings not expressly permitted by the Two Sense Policies is a breach of these Terms and may violate copyright, trademark, and other laws.
You may use the Offerings only for lawful purposes and in accordance with these Terms. You agree not to use the Offerings:
Additionally, you agree not to:
We have the right to:
The information presented on or through the Offerings is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Offerings, or by anyone who may be informed of any of its content.
The Offerings may include materials provided by third-party licensors. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party.
We may update the content on the Offerings from time to time, but this content is not necessarily complete or up to date. Any of the content on the Offerings may be out of date at any given time, and we are under no obligation to update such content.
All information we collect through the Offerings is subject to our Privacy Policy. By using the Offerings, you consent to all actions we take with respect to your information in compliance with the Privacy Policy.
In order for us, or any of our affiliates, agents, assigns and service providers to provide alerts to you regarding your HVAC system, from time to time we will send text messages to you at any telephone number associated with your account, including wireless telephone numbers. Standard carrier message and data rates may apply, which may result in charges to you. In addition, we may send emails to you at any email address that you provide to us.
By agreeing to these Terms, you expressly consent to receive text alerts and emails from us using automated technology. This authorization overrides any previous registration on a federal, state or corporate “Do Not Call” registry, or any privacy or solicitation preference you have previously expressed to us. You understand that you are not required to provide this authorization as a condition of purchasing goods or services from us, and that you have the right to revoke this authorization at any time by updating the settings in your user account.
You may link to our Website, provided you do so fairly and legally and in a way that does not damage our reputation or take advantage of it. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express prior written consent.
The Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time in our sole discretion without notice.
If the Offerings contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites or resources linked to the Offerings, you do so entirely at your own risk and subject to their respective terms and conditions of use.
We are based in the United States. Access to the Offerings may not be legal to certain persons or in certain countries. If you access the Offerings from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Offerings will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Offerings for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE OFFERINGS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE OFFERINGS OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OFFERINGS, OR ON ANY WEBSITES LINKED TO THE OFFERINGS.
YOUR USE OF THE OFFERINGS IS AT YOUR OWN RISK. THE OFFERINGS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TWO SENSE NOR ANY PERSON ASSOCIATED WITH TWO SENSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE OFFERINGS. WITHOUT LIMITING THE FOREGOING, NEITHER TWO SENSE NOR ANYONE ASSOCIATED WITH TWO SENSE REPRESENTS OR WARRANTS THAT THE OFFERINGS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR OFFERINGS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE OFFERINGS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, TWO SENSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
When accessing the Offerings, you agree to receive electronic communications from Two Sense (or its agent or designee), including but not limited to, SMS/IMessages, emails, and phone calls.
If the Offerings allow users to post, upload, or submit content (e.g., feedback, reviews, or other materials) (“User Content”), the following terms apply:
Two Sense strives to improve the Offerings based on user feedback. If you have ideas or suggestions regarding improvements or additions to the Offerings, we would like to hear them; however, any submission shall be subject to the Two Sense Policies.
Under no circumstances shall your disclosure of any idea or feedback, or any related material to Two Sense be subject to any obligation of confidentiality or expectation of compensation.
By submitting an idea or feedback or any related material that would be subject to intellectual property rights to Two Sense, you grant to Two Sense, with respect to the feedback submitted, a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license to use all the contents of such ideas and feedback, for any purpose whatsoever.
By accepting these Terms, you agree to participate in final and binding arbitration under the rules of the American Arbitration Association in Charleston, South Carolina, as the exclusive method of resolving any dispute between you and Two Sense regarding any claim you may have against Two Sense. You expressly waive your right to a trial by jury and the right to participate in a class action lawsuit. You further agree that the arbitration will take place on an individual basis, that class arbitration and class actions are not permitted, and that you agree to give up the ability to participate in any class action. For the avoidance of doubt, you agree to give up the ability to bring a lawsuit in court (except to the extent limited by applicable law), and you are giving up the ability to bring or participate in a class action in any form or forum, even if your dispute is determined not to be subject to arbitration.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TWO SENSE, ITS AFFILIATES, OR ITS LICENSORS, THIRD-PARTY SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE, UNDER ANY LEGAL THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE OFFERINGS OR YOUR USE, OR INABILITY TO USE, THE OFFERINGS.
OUR TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE OFFERINGS DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM(S) AROSE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE OFFERINGS WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS. THE FOREGOING LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF DAMAGES WERE FORESEEABLE, NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE OFFERINGS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you are dissatisfied with the Offerings or any of the Two Sense Policies, your sole and exclusive remedy is to discontinue use of the Offerings.
All claims arising out of or relating to the Two Sense Policies or your use of the Offerings must be filed within one (1) year of the cause of action arising. Claims filed after this period shall be deemed permanently barred.
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Two Sense, its affiliates and their partners, third-party service providers, officers, directors, employees, agents, successors and assigns from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with: (a) your use of, or activities in connection with, the Offerings; (b) your violation of the Two Sense Policies, including any misrepresentations you make in connection with your use of the Offerings; and (c) your violation of any law or the rights of a third party. If you fail to promptly indemnify and defend a covered claim, Two Sense will have the right to defend itself, and in such case, you shall promptly reimburse us for all of our associated costs and expenses. Two Sense reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not settle any such claim without the prior written consent of Two Sense.
If, in whole or in part, Two Sense is delayed or prevented from complying with the Two Sense Policies due to a Force Majeure Event, then such delay or non-compliance will not be considered a breach by Two Sense, and you will not be entitled to any damages as a result. “Force Majeure Event” means any event beyond our reasonable control, including but not limited to pandemic, flood, extraordinary weather conditions, earthquake, or other act of God; fire; war; insurrection; riot; labor dispute; accident; action of government; communications or power failure; hacking; equipment or software malfunctions; or unexpected changes in a network upon which your access to the Offerings may rely. In the event of a Force Majeure Event, Two Sense may suspend or terminate access to the Offerings without prior notice and without liability.
If any provision of these Terms is deemed invalid, unlawful, or unenforceable for any reason, such provision shall be severed from the remaining provisions of the Terms, and the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
Provisions that by their nature should survive termination of the Two Sense Policies shall survive, including but not limited to, provisions regarding arbitration, limitation of liability, indemnification, intellectual property rights, and governing law.
These Terms and all other Two Sense Policies are written in English. If they are translated into another language and there is a conflict between the English version and the translation, the English version shall prevail.
Nothing expressed or referred to in the Two Sense Policies shall be construed to give any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms or any other Two Sense Policies, except as explicitly set out in this paragraph. The Two Sense Policies and all of their provisions are for the sole and exclusive benefit of the parties and their successors and permitted assigns; provided however, that our partners, affiliates, and third-party providers may rely on your indemnification obligations, representations, warranties, and covenants in connection with the defense of any claim or proceeding against them.
Two Sense requires that all legal documents (including civil subpoenas, complaints, and small claims) be served on our registered agent using the information provided in the Contact Information section of these Terms. By accepting service of a legal document, we do not waive any objections we may have and may raise in response to such document. You agree to reimburse us for all costs and expenses incurred in responding to subpoenas, discovery requests, or other legal processes related to your use of the Offerings. We reserve the right to challenge or reject requests that we deem to be overly broad or unlawful.
Section and subsection headings in these Terms are for reference and convenience only and shall not affect the meaning, interpretation, or enforceability of any provisions.
You may not assign or transfer your rights or obligations under these Terms without prior written consent from Two Sense. Any attempted assignment in violation of this provision shall be null and void.
We may assign or transfer our rights and obligations under these Terms without notice or consent, including, without limitation in connection with a merger, acquisition, or sale of assets.
These Terms shall be governed by and construed in accordance with the laws of the state of South Carolina, without regard to its conflict of law principles. For any dispute not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Charleston County, South Carolina.
The failure of Two Sense or its partners and affiliates to enforce any right or provision of the Two Sense Policies shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Two Sense in writing.
Nothing in the Two Sense Policies shall be construed to create a partnership, joint venture, agency, or fiduciary relationship between you and Two Sense.
These Terms, together with the Two Sense Policies, and other terms incorporated by reference, constitute the entire agreement between you and Two Sense concerning your use of the Offerings. They supersede all prior or contemporaneous understandings, agreements, representations, and communications, whether written or oral, relating to this subject matter. Any additional or conflicting terms you attempt to impose, whether by communication or otherwise, are void and without effect.
These Terms are between you and Two Sense and only, and not with Apple, and Two Sense, not Apple, is solely responsible for the Software and the content thereof. The Terms do not provide for usage rules for the Offerings that are in conflict with the Apple Media Services Terms and Conditions, which you acknowledge you have had the opportunity to review.
The license granted to you for the Offerings is limited to a non-transferable license on any Apple-branded products that you own or control and as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions.
Two Sense is solely responsible for providing any maintenance and support services with respect to the Offerings, as specified in these Terms, or as required under applicable law. You and Two Sense acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Offerings.
Two Sense is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Offerings to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Offerings to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Offerings, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Two Sense’s sole responsibility.
You and Two Sense acknowledge that Two Sense, not Apple, is responsible for addressing any of your claims or the claims of any third party relating to the Offerings or your possession and/or use of that Offerings, including, but not limited to: (i) product liability claims; (ii) any claim that the Offerings fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms may not limit Two Sense’s liability to you beyond what is permitted by applicable law.
You and Two Sense acknowledge that, in the event of any third-party claim that the Offerings or your possession and use of the Offerings infringes that third party’s intellectual property rights, Two Sense, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any questions, complaints, or claims with respect to the Offerings should be directed to:
Two Sense, LLC
1381 Old Rosebud Trail
Awendaw, SC 29429
Email: sales@twosenselive.com
You must comply with applicable third-party terms of agreement when using the Offerings (e.g., your wireless data service agreement).
You and Two Sense acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Your Comments and Concerns
Contact Information
All feedback, comments, requests for technical support, and other communications relating to the Offerings or the Two Sense Policies should be directed to sales@twosenselive.com. Any comments, ideas, suggestions or feedback that you provide in connection with the Offerings are not confidential and may be used by us without restriction and without payment to you, for any purpose whatsoever.
Legal notices related to the use of the Offerings must be sent via certified mail to:
Two Sense, LLC
1381 Old Rosebud Trail
Awendaw, SC 29429
Copy to: sales@twosenselive.com