Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the DREAM SOFTWARE AGENCY LTD website and cloud-based smart home and energy management platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, together with our Privacy Policy, which is incorporated herein by reference.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accessing or using our Services on behalf of a business, organization, or other entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" refers to that entity.

If you do not agree with any provision of these Terms, you must immediately discontinue use of the Services. Continued use of the platform after any modification to these Terms constitutes your acceptance of the updated Terms.

2. Description of Services

DREAM SOFTWARE AGENCY LTD provides a cloud-based software platform designed for the remote management of smart home devices and energy systems. Our Services are primarily aimed at users located in Canada and include, but are not limited to:

• Remote control and monitoring of connected smart home devices such as thermostats, lighting systems, smart locks, and appliances
• Real-time and historical energy consumption tracking, reporting, and analytics
• Cloud-based data storage and synchronization for device states and energy metrics
• Automation rule configuration and scheduling for connected systems
• Multi-property management dashboards for homeowners and property managers
• Device performance insights and maintenance recommendations

Our platform serves as a management and informational tool. We do not manufacture, install, or service physical smart home hardware or energy equipment. Device compatibility depends on third-party manufacturers and their protocols. We do not guarantee compatibility with every smart home device on the market.

The scope of Services may change over time as we add new features, modify existing ones, or retire certain functionalities. We will make reasonable efforts to notify users of significant changes through the platform or via email. The availability and specific features of the platform may vary depending on your subscription plan, geographic location, and the devices connected to your account.

3. User Obligations

When using our Services, you agree to the following obligations and restrictions:

• Lawful Use: You will use the Services only for lawful purposes and in compliance with all applicable federal, provincial, and local laws and regulations in Canada and any other jurisdiction from which you access the platform.
• Accurate Information: You will provide accurate, current, and complete information when creating an account or submitting any forms on the platform. You are responsible for maintaining the accuracy of your account information.
• Account Security: You are responsible for safeguarding your account credentials, including your password. You must notify us immediately if you become aware of any unauthorized access to or use of your account.
• No Unauthorized Access: You will not attempt to gain unauthorized access to any part of the Services, other user accounts, computer systems, or networks connected to the platform through hacking, password mining, or any other means.
• No Scraping or Data Extraction: You will not use automated scripts, bots, crawlers, or similar tools to scrape, collect, or extract data from the platform without our prior written consent.
• No Impersonation: You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
• No Interference: You will not interfere with or disrupt the integrity or performance of the Services, the servers or networks that host the platform, or the experience of other users.
• No Harmful Content: You will not upload, transmit, or distribute any viruses, malware, worms, Trojan horses, or any other harmful or malicious code through the platform.
• Compliance with Device Manufacturer Terms: When connecting third-party devices to our platform, you must comply with the terms of service and usage policies of the respective device manufacturers.

We reserve the right to investigate and take appropriate action against any user who violates these obligations, including suspending or terminating their account, removing content, and reporting illegal activities to law enforcement authorities.

4. Intellectual Property

All content, materials, features, and functionality on the DREAM SOFTWARE AGENCY LTD website and platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, user interface designs, and the underlying source code, are the exclusive property of DREAM SOFTWARE AGENCY LTD or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes, subject to these Terms. This license does not include the right to:

• Modify, copy, or create derivative works based on any part of the Services or platform content
• Reproduce, distribute, publicly display, or publicly perform any content from the platform without prior written authorization
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any software used in the Services
• Sublicense, rent, lease, or lend access to the Services to any third party
• Use our trademarks, service marks, or trade names without explicit written permission

Any unauthorized use of our intellectual property may result in the termination of the license granted herein and may subject you to civil and criminal penalties. If you believe that any content on our platform infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the claimed infringement.

5. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the use of the Services, including energy analytics and device monitoring data, will be accurate, reliable, or complete
• Any defects in the Services will be corrected within a specific timeframe
• The platform will be compatible with every smart home device or energy system available in the Canadian market
• Use of the platform will result in any specific reduction in energy costs, utility bills, or device maintenance expenses

Energy consumption data, device performance metrics, and any recommendations provided through the platform are for informational purposes only. They should not be relied upon as the sole basis for making significant financial, structural, or operational decisions about your property or energy systems. We encourage you to verify important data independently and consult qualified professionals when making decisions that could have material consequences.

We do not control and are not responsible for the functionality, reliability, or security of third-party smart home devices, energy systems, or any software or hardware produced by other manufacturers that you may connect to our platform. Any issues related to third-party products should be directed to the respective manufacturer or service provider.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DREAM SOFTWARE AGENCY LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Cost of procurement of substitute goods or services
• Personal injury or property damage arising from your use of the Services
• Any unauthorized access to or alteration of your data or transmissions
• Any interruption or cessation of service
• Any bugs, viruses, or similar harmful elements transmitted through the platform by third parties
• Any errors, inaccuracies, or omissions in energy data, device status information, or analytics provided through the platform

In no event shall our total aggregate liability to you for all claims arising out of or relating to the use of the Services exceed the greater of: (a) the total amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

7. Indemnification

You agree to indemnify, defend, and hold harmless DREAM SOFTWARE AGENCY LTD, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs) arising out of or in connection with:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any applicable law, regulation, or the rights of any third party
• Any content or data you submit, post, or transmit through the platform
• Any negligent or wrongful act or omission by you in connection with your use of the Services

This indemnification obligation shall survive the termination of these Terms and your use of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

8. Third-Party Links and Services

Our website and platform may contain links to third-party websites, applications, or services that are not owned or controlled by DREAM SOFTWARE AGENCY LTD. These links are provided for your convenience and informational purposes only. We do not endorse, monitor, or assume responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services.

When you connect third-party smart home devices or energy systems to our platform, you may be required to agree to additional terms imposed by those device manufacturers or service providers. Your interactions with any third-party products or services, including the purchase and use of such products, are solely between you and the third party.

We strongly recommend that you review the terms and privacy policies of any third-party websites or services before providing personal information or engaging in transactions. DREAM SOFTWARE AGENCY LTD shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, products, or services.

9. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Services are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

We encourage you to review the Privacy Policy carefully to understand our data practices, including how we handle cookie consent, analytics, advertising technologies, lead form submissions, and your rights regarding your personal data. If you have questions about our privacy practices, please contact us at [email protected].

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. DREAM SOFTWARE AGENCY LTD is registered in England and Wales with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of England and Wales. You irrevocably consent to the personal jurisdiction and venue of such courts. Notwithstanding the foregoing, nothing in this section shall prevent us from seeking injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property rights or prevent unauthorized use of the Services.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services, you agree to first attempt to resolve the matter informally by contacting us at [email protected]. We will make a good-faith effort to resolve any dispute within thirty (30) days of receiving your written notice.

If the dispute cannot be resolved informally within thirty (30) days, either party may escalate the matter to mediation administered by a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

If mediation fails to resolve the dispute within sixty (60) days of the initial mediation request, either party may pursue resolution through the courts of England and Wales as specified in Section 10 above. Nothing in this section shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction where such relief is necessary to prevent irreparable harm.

12. Termination

We reserve the right to suspend, restrict, or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law or regulation
• Engaging in conduct that we determine, in our sole discretion, to be harmful to other users, the Company, or third parties
• Failure to pay any applicable fees or charges associated with premium Services
• Extended inactivity on your account
• A request by law enforcement or other government authority

You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to access and use the Services will cease immediately. We may retain certain information as required by law or for legitimate business purposes, as described in our Privacy Policy.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

13. Changes to Terms

We reserve the right to update, modify, or replace these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Display a prominent notice on our homepage or within the platform for a minimum of fourteen (14) days before the changes take effect
• Send email notification to registered users at the email address associated with their account, where practicable

It is your responsibility to review these Terms periodically for changes. Your continued use of the Services after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services before the changes take effect.

Minor changes, such as corrections of typographical errors or formatting adjustments, may be made without advance notice. Changes required by law or regulations may also be implemented with shorter notice periods where legally mandated.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published on the platform, constitute the entire agreement between you and DREAM SOFTWARE AGENCY LTD regarding your use of the Services. These Terms supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and the Company relating to the subject matter herein.

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us using the information below: