- limitations of use for the Daikin Services (Section 1.4),
- limitations on our liability to you and our disclaimer of any warranties for the Daikin Services (Section 2),
- an arbitration agreement, a class-action waiver, a waiver of jury trials, and other terms that affect how disputes between you and us are resolved (Section 3); and
- additional terms and conditions regarding your use of any enabled Daikin “Cloud Services” functionality and limitations on our liability for those Cloud Services.
These Terms are available at www.daikinone.com/legal/terms
Last Modified: May 24, 2021.
These Terms govern your access and use of (i) software that may be downloaded to your mobile device (e.g., smart phone or tablet) and (ii) the services and information collected or provided by that software ((i) and (ii) collectively the “Daikin Services”)—the Daikin Services being used in relation to a Daikin One smart thermostat and other Daikin-branded hardware used with the Daikin One smart thermostat (“Daikin Products”).
But these Terms do not govern your purchase of Daikin Products and any limited hardware warranties that may be provided with those Daikin Products. Nor do these Terms govern your use of software that is embedded in Daikin Products. Limited warranties for various Daikin Products are available here, and the End-User License Agreement governing software embedded in a Daikin Thermostat is available here.
Some of the Daikin Services may require you to enter into a separate written agreement with us. To the extent there is a conflict, terms of the separate written agreement will control so long as such separate written agreement expressly notes that it is controlling over these Terms, then these Terms, and then the terms and conditions provided here at www.daikincomfort.com/terms
BY ACCESSING OR USING THE DAIKIN SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS—WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE DAIKIN SERVICES. AND BY AGREEING TO THE TERMS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND YOURSELF AND ANY ENTITY THAT YOU MAY REPRESENT.
We also reserve the right, at our sole discretion, to modify these Terms at any time. You are responsible for checking these Terms for modifications. Except as provided in Section 3.5 (“Future Changes to Section 3”), your continued use of the Daikin Services after we post any modification means that you agreed to the Terms as modified. In certain instances, we may notify you of modifications to these Terms by, for example, sending you an email or mail to the respective addresses associated with an account you may have with us. Your continued use of the Daikin Services after we send any notification to you means that you agreed to the Terms as modified. If you do not agree to any such changes that have been posted or that you have been notified of, you must cease your access and use of the Daikin Services immediately.
1. Accessing and Using the Daikin Services
1.1 License, Ownership
You do not own any of the Daikin Services. Subject to these Terms and if you comply with them, we grant you a personal, revocable, non-exclusive, non-transferable (and non-sublicensable) license to
- access and use the Daikin Services to configure, operate, or monitor the Daikin Products that you own or are expressly authorized to configure, operate, or monitor (“Authorized Purpose”) and
- download the Daikin-provided mobile apps onto your own mobile device for the Authorized Purpose.
Except for the limited license rights expressly provided above, you obtain no other rights (express or implied) in or to the Daikin Services or to any intellectually property held by us or any of our corporate affiliates (“Daikin Group”) or our licensors. The Daikin Services, and any intellectual property rights therein, are and will remain the exclusive property of Daikin or its licensors.
You agree and understand that if you sell, transfer, or otherwise dispose of the Daikin Products associated with the Daikin Services, your license to the Daikin Services does not extend to the party that obtained those Daikin Products. That party will need to independently get a license.
You agree to follow any policies or guidelines associated with a particular Daikin Service.
You will access and use the Daikin Services solely to the extent provided by the limited license to you in Section 1.1 above. You will not use or access the Daikin Services for any other purpose, including any unlawful or malicious purpose. For example, you will not:
- attempt to gain unauthorized access to the Daikin Services,
- submit false or misleading information to us (including representing that you are somebody that you are not or have authority that you do not),
- use automated systems to monitor or copy content from the Daikin Services,
- interfere with the normal operations of the Daikin Services, such as by disrupting, disabling, overburdening, or otherwise interfering with the operation of the Daikin Services or its infrastructure,
- upload infringing, disparaging, malicious, or inappropriate content,
- upload, transmit, or distribute any computer virus, malware, spyware, or any other malicious or inappropriate computer code,
- interfere with the access or use of the Daikin Services by others,
- use the Daikin Services for commercial purposes (g., selling or renting the Daikin Services), or
- consume a disproportionate or unreasonable amount of the Daikin Services’ resources.
1.4 Limitations on Use
The Daikin Services supply tools to help you understand and manage your indoor environment and to help you control and understand the Daikin Products in an approximate, noncritical, and non-sensitive manner. And you acknowledge there are limitations to what they can do and limitations to the information and services they provide.
ALL INFORMATION PROVIDED BY THE DAIKIN SERVICES ARE MERELY INFORMATIONAL, ARE NOT GUARANTEED, AND ARE NOT TO BE RELIED UPON FOR MAKING ANY DECISIONS OR FOR ANY OTHER PURPOSE. Indeed, Daikin does not guarantee that the Daikin Services can be relied upon for any particular purpose.
You acknowledge and agree that Daikin (or any member of the Daikin Group) is not liable to you for any reliance or actions taken by you or for any information provided or failed to be provided by the Daikin Services; nor is Daikin (or any member of the Daikin Group) liable to you for any damages caused by the failure, delay, or unavailability of the Daikin Services.
YOU AGREE THAT YOU WILL NOT RELY ON THE DAIKIN SERVICES FOR ANY PURPOSES RELATED TO SAFETY OR HEALTH, OR FOR ANY CRITICAL OR SENSITIVE FUNCTIONS OR PURPOSES. ALL NOTIFICATIONS PROVIDED BY THE DAIKIN SERVICES ARE SOLELY FOR INFORMATIONAL PURPOSES AND ARE NOT TO BE RELIED ON FOR MAKING IMPORTANT DECISIONS ABOUT YOUR HEALTH, SAFETY, OR WELL-BEING.
FOR EXAMPLE, YOU UNDERSTAND AND AGREE THAT THE DAIKIN SERVICES AND THE DAIKIN PRODUCTS
- ARE NOT SMOKE DETECTORS, CARBON-MONOXIDE DETECTORS, OR ANY OTHER TYPE OF SAFETY OR EMERGENCY DEVICE AND, AS SUCH, DO NOT SERVE AS REPLACEMENTS OR SUBSTITUTES FOR ANY SUCH DEVICES, AND
- ARE NOT EMERGENCY-MONITORING OR -NOTIFICATION DEVICES AND, AS SUCH, WILL NOT CONTACT OR DISPATCH ANY EMERGENCY SERVICES, MAINTENANCE OR REPAIR SERVICES, OR AUTHORITIES.
YOU AGREE THAT ANY AIR-QUALITY INFORMATION PROVIDED BY THE DAIKIN SERVICES IS MERELY INFORMATIONAL, IS NOT GUARANTEED, AND IS NOT TO BE RELIED UPON IN MAKING ANY DECISIONS REGARDING YOUR HEALTH, SAFETY, WELL-BEING, OR THE SUITABILITY OF YOUR ENVIRONMENT. THE DAIKIN SERVICES SHOULD NOT BE USED IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD NOT BE USED IN THE RENDERING OF OR AS REPLACEMENT FOR MEDICAL ADVICE OR AID FROM QUALIFIED PROFESSIONALS.
YOU ALSO AGREE THAT ANY INFORMATION ABOUT THE INDOOR-AIR QUALITY OF YOUR ENVIRONMENT (E.G., PARTICLE COUNT, MEASURED VOC) MAY BE AFFECTED BY ANY NUMBER OF FACTORS THAT DAIKIN CANNOT ACCURATELY ASSESS. ACCORDINGLY, THE DAIKIN SERVICES DO NOT GUARANTEE THAT THE PROVIDED INFORMATION CAN BE RELIED UPON FOR HEALTH BENEFITS OR TO DETERMINE IF YOUR ENVIRONMENT IS SAFE OR HARMFUL. FOR EXAMPLE, ANY INDICATION BY THE DAIKIN SERVICES THAT YOUR AIR-QUALITY OR ENVIRONMENT IS “GOOD” OR “MODERATE” OR “ACTION NEEDED” OR “ACTION RECOMMEND” IS MERELY PROVIDED TO GIVE YOU TOOLS TO HELP YOU BETTER UNDERSTAND YOUR ENVIRONMENT—BUT IS NOT PROVIDED TO BE RELIED UPON FOR ANY PARTICULAR PURPOSE. YOU SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS IN DETERMINING AND ASSESSING YOUR HEALTH NEEDS OR THE CONDITION OF YOUR ENVIRONMENT.
YOU FURTHER AGREE THAT ANY INFORMATION, SUGGESTIONS, OR PROGRAMING PROVIDED BY THE DAIKIN SERVICES REGARDING ENERGY SAVINGS, POTENTIAL MALFUNCTIONS, SUGGESTED MAINTENANCE, OR OTHER BENEFITS OR SUGGESTIONS ARE MERELY INFORMATIONAL, ARE NOT GUARANTEED, AND ARE NOT TO BE RELIED UPON FOR MAKING ANY DECISIONS.
For example, the Daikin Services may suggest operation in an “away” mode or may suggest alternative operation of your Daikin Products. As another example, the Daikin Services may suggest that a particular component is reporting an “alert” or may provide “reminders” regarding various components. But energy usage, operation, maintenance of the Daikin Products, and costs therefor, are affected by many factors that Daikin cannot accurately assess. Accordingly, the Daikin Services do not guarantee that the provided information can be relied upon for any particular savings, action or inaction, or efficient operation. Any such information is merely provided to give you tools to help you better understand the Daikin Products and their operation—but is not provided to be relied upon for any particular purpose. YOU SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS IN DETERMINING AND ASSESSING THE CONDITION OF YOUR DAIKIN PRODUCTS AND YOUR HVAC SYSTEM AND FOR PERFORMANCE OF MAINTENANCE ON YOUR HVAC SYSTEM. IT IS ENTIRELY YOUR RESPONSIBILITY TO OBTAIN AND COORDINATE THAT PROFESSIONAL.
1.5 Access and Termination
We may remove, enhance, defeature, disable, or modify the Daikin Services, in whole or in part, temporarily or permanently, at any time, without prior notice to you. We also may limit or disable your access to the Daikin Services without notice to you. This includes our right to, at our discretion, limit or disable any account you may have created to access the Daikin Services.
For example, if we believe you have violated these Terms, we may immediately suspend or terminate your access to and ability to use the Daikin Services.
You agree that we (or any other member of the Daikin Group) will not be liable, to you or any third party, for any modification, suspension, termination, or disabling, in whole or in part, of the Daikin Services.
To use the Daikin Services, you may be required to create an account (which is considered part of the Daikin Services) with us, a member of the Daikin Group, or an agent or representative thereof. Your account will be personal to you. Accordingly, you (i) will NOT permit any other person to use your account, (ii) are responsible for any use of your account, including being responsible for the security of the account’s password, (iii) warrant that any information you provide is truthful and accurate, (iv) warrant that you are not violating any law of the U.S. or other appropriate jurisdiction (e.g., export control laws) by accessing your account or the Daikin Services, and (v) will notify us immediately if you are aware of or have a reasonable suspicion of unauthorized or unlawful use of your account.
You agree and understand that if you sell, transfer or otherwise dispose of the Daikin Products associated with the Daikin Services, your account to the Daikin Services may not be used by the party to whom you disposed the Daikin Products. That party will need to obtain their own account.
To access or use the Daikin Services, you will need resources—e.g., internet connection, cellular connection, operating platforms, electricity, or networking and computer hardware and software—provided by you and by third parties.
For example, some of the Daikin Services will not work or cannot be accessed without your provision of (i) a network (wireless or, in some cases, wired) that provides reliable communication for Daikin Services or the Daikin Products with the internet, (ii) certain hardware (e.g., computer, mobile device, laptop) that enables communication with or to the Daikin Services or the Daikin Products through your network and/or the internet, (iii) resources that are reasonably expected to be required (e.g., electricity) for use of the Daikin Services or Daikin Products, and (iv) other resources that may be expressly specified by Daikin.
You are entirely responsible for obtaining, operating, maintaining, and paying for such resources. And you agree that we (or any member of the Daikin Group) are not liable to you for such third-party resources, including any costs related to them, their availability, or the security of data or other information transmitted to or by them; nor are we (or any other member of the Daikin Group) responsible or liable to you for obtaining, configuring, or providing such resources. You acknowledge that you are responsible for ensuring that the Daikin Services and Daikin Products are compatible with any resources obtained by you.
The Daikin Services are intended for those who are 18 (or the equivalent age of majority in your jurisdiction) years of age or older. If you are between the ages of 13 (or the equivalent minimum age in your jurisdiction) and 18 (or the equivalent age of majority in your jurisdiction), you agree you will only use the Daikin Services under the direct supervision of a parent or legal guardian who agrees to be bound by the Terms themselves and on your behalf. If you are younger than 13 years old (or the equivalent minimum age in your jurisdiction), you must not use the Daikin Services, and any such use is an express violation of these Terms.
1.9 Use in Your Location
The Daikin Services are not available in all locations and, as such, may not be available to you or may be prohibited by law.
While the Daikin Services may be globally accessible through the internet, the Daikin Services are intended for our customers and end-users in the United States and Canada. If you choose to access the Daikin Services from outside the United States and Canada, you do so at your own risk and are solely responsible for complying with all applicable laws in your location. You agree that Daikin (or any member of the Daikin Group) will not be responsible, or liable to you, for your use of the Daikin Services outside of the U.S. or Canada or in a location where the Daikin Services are prohibited by law.
We appreciate that many of you are innovative and may have ideas to improve Daikin Services and Daikin Products. But, as a leader in the industry, we are working on numerous research and development projects. Accordingly, unless you have a separate written agreement with us to the contrary, DO NOT SEND US IDEAS FOR PRODUCTS OR SERVICES before first contacting Daikin’s Legal department (IP@GoodmanMFG.com) for express instruction on how to do so. If you choose to disregard these instructions, and you send us any comments, suggestions, improvements, inventions (whether patentable or not), ideas, or enhancements (collectively “Feedback”), you agree that such Feedback was provided by you voluntarily and without an obligation of confidentiality and that we shall be free to use the Feedback without any compensation to you. And you hereby grant to Goodman Manufacturing Company, L.P. a world-wide, royalty-free, irrevocable, perpetual, fully transferable (and sublicensable) non-exclusive license to use, incorporate, sell, manufacture, and import products and processes embodying the Feedback and to display, reproduce, and make derivatives works of any Feedback.
2. Disclaimers, Limitation of Liability, and Indemnity
PLEASE READ THIS SECTION 2 CAREFULLY, AS IT ADDRESSES DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNITY.
You access and use the Daikin Services at your own risk, and you agree we (or any member of the Daikin Group) are not liable in any way for your access or use of the Daikin Services.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, ALL OF THE DAIKIN SERVICES ARE PROVIDED AS-IS, AS-AVAILABLE, WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND—EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE—INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF TITLE, OF ACCURACY, OR OF NON-INFRINGEMENT. INDEED, WE SPECIFICALLY DISCLAIM ANY WARRANTIES AND REPRESENTATIONS OF EVERY KIND.
That means that we, as examples and not limitations, do not warrant (and specifically disclaim) that the Daikin Services or your use of the Daikin Services will
- be timely or uninterrupted or provide a particular level of “up-time,”
- provide any specific results,
- provide any specific notification that is entirely reliable,
- provide or continue to have any specific features or functionality (including our removal or modification of features or functions that have been provided in the past),
- be free from any defects, viruses (or other malicious code), corruption, hacking, content losses, errors, or omissions,
- be accurate, complete, up-to-date, or useful,
- be corrected to address any defects, deficiencies, inaccuracies, or errors on the Daikin Services, or
- be secure.
Any reliance you place on or from the Daikin Services is strictly at your own risk. And we (or any other member of the Daikin Group) will not be liable to you and disclaim liability arising from or based on your use of the Daikin Services, including any damages or loss to your home (including the HVAC system and its supporting infrastructure), computer, mobile device, or network.
And you agree that no network-provided service—including the Dakin Services, and transmissions to or from them—is ever completely private or secure. You agree that your submission of any information to us through the Daikin Services or third party services that Daikin uses is at your sole risk.
LIMITATIONS ON DISCLAIMERS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS OF WARRANTY. TO THE EXTENT SUCH LAWS APPLY TO YOU, THE PROVIDED EXCLUSIONS OF IMPLIED WARRANTIES OR OTHER DISCLAIMERS OF WARRANTY IN THE TERMS WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Physical Product Hardware Warranties: Nothing in these Terms is intended to affect any individual product limited warranties for a particular physical product harware.
2.2 Limitations of Liability
NOTHING IN THESE TERMS, INCLUDING THIS LIMITATION OF LIABILITY SECTION, LIMITS OR EXCLUDES (OR WILL BE CONSTRUED OR INTERPRETED TO EXCLUDE OR LIMIT) ANY LIABILITY THAT CANNOT BE SO LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
IN NO CASE WILL WE (INCLUDING DAIKIN’S OFFICERS, AGENTS, DIRECTORS, AFFILIATES, SUPPLIERS, DEALERS, DISTRIBUTORS, CONTRACTORS, EMPLOYEES, AND LICENSORS) BE LIABLE TO YOU FOR—WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (NEGLIGENCE OF ANY KIND OR DEGREE), PRODUCTS OR STRICT LIABILITY, OR ANY OTHER FORM OF ACTION—ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS OR USE OF ANY OF THE DAIKIN SERVICES, EVEN IF DAIKIN KNEW, SHOULD HAVE KNOWN, OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL DAIKIN’S (AND THE DAIKIN GROUP’S) TOTAL LIABILITY TO YOU—UNDER ANY THEORY OF ANY KIND, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, WARRANTY, TORT (NEGLIGENCE OF ANY KIND OR DEGREE), STRICT LIABILITY, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF LIFE OR ANY OTHER DAMAGES OR BASES—BASED ON YOUR USE OR ACCESS OF THE DAIKIN SERVICES EXCEED
- IF YOU HAVE PAID MONIES TO US IN THE PREVIOUS 6 MONTHS FOR USE OF OR ACCESS TO THE DAIKIN SERVICES, US$100.00, OR
- IF YOU HAVE PAID NO MONIES TO US IN THE PREVIOUS 6 MONTHS FOR USE OF OR ACCESS TO THE DAIKIN SERVICES, US$10.00.
LIMITATION OF LIABILITY: SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. FOR EXAMPLE, SOME JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON LIABILITY FOR PERSONAL INJURY CAUSED SOLELY BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE EXTENT SUCH LAWS APPLY TO YOU, THE PROVIDED LIMITATIONS OF LIABILITY IN THESE TERMS WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
SECTION 2 WILL SURVIVE AND BE GIVEN FULL EFFECT EVEN IF IT DOES NOT FULLY COMPENSATE YOU FOR YOUR LOSSES, FAILS FOR ITS ESSENTIAL PURPOSE, OR IS OTHERWISE DEEMED UNENFORCEABLE.
YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO INDEMNIFY AND HOLD HARMLESS US (INCLUDING DAIKIN’S OFFICERS, AGENTS, DIRECTORS, AFFILIATES, SUPPLIERS, DEALERS, DISTRIBUTORS, CONTRACTORS, EMPLOYEES, AND LICENSORS) AGAINST ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING OUR REASONABLE ATTORNEYS’ FEES AND COSTS) FOR ANY THIRD-PARTY CLAIMS—WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (NEGLIGENCE OF ANY KIND OR DEGREE), PRODUCTS OR STRICT LIABILITY, OR ANY OTHER FORM OF ACTION—ARISING OUT OF OR BASED ON YOUR ACCESS TO OR USE OF THE DAIKIN SERVICES OR YOUR BREACH OF THESE TERMS.
BUT SECTION 2.3 WILL NOT BE INTERPRETED OR CONSTRUED TO REQUIRE ANY INDEMNIFICATION BY YOU THAT WOULD MAKE THIS SECTION 2.3, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. AND YOUR INDEMNIFICATION OBLIGATION WILL NOT APPLY TO ANY WILLFUL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE BY US IN THOSE STATES OR JURISDICTIONS THAT DO NOT PERMIT INDEMNIFICATION FOR WILLFUL OR RECKLESS MISCONDUCT OR GROSS NEGLIGENCE.
PLEASE REVIEW THIS SECTION 3 CAREFULLY, AS IT ADDRESSES BINDING ARBITRATION, CLASS-ACTION WAIVERS, AND WAIVERS OF JURY TRIALS.
Our hope is that there is never a dispute between you and us. But if there is, this section describes aspects of how that dispute will be resolved.
ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR TO YOUR ACCESS OR USE OF THE DAIKIN SERVICES MUST BE SUBMITTED TO BINDING ARBITRATION—and not to a court—unless that dispute or claim (i) is submitted to a small-claims court, (ii) only seeks temporary injunctive relief (e.g., a restraining order or preliminary injunction), or (iii) relates to a claim of patent or trade secret infringement or misuse.
The arbitration—which shall be binding and confidential—shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, including the rules for Emergency Measures of Protection and Interim Measures and the AAA’s Consumer Arbitration Rules. (Information about the AAA and its rules can be found at www.adr.org.) The judgment of the arbitrator may be entered by any court having jurisdiction. And both you and Daikin agree to the jurisdiction of the federal and state courts located in Harris County (Texas) for the purposes of entering such judgement.
At least 30 days prior to commencing an arbitration, you must send to us—or us to you—written notice of the intent to commence an arbitration. Your notice to us will provide at least the following information: (i) your name and physical address; (ii) an email address that is monitored by you and that we can use to communicate with you; (iii) a description of the dispute and the basis for your claim; and (iv) a description of the relief you are requesting.
Notice to Daikin must be sent to:
Daikin Texas Technology Park
19001 Kermier Rd.
Waller, TX 77484.
Payment of the AAA’s fees (e.g., filing fees, arbitrator fees) related to the arbitration will be governed by the AAA’s rules. However, if the value of your claim totals less than US$5,000,
- we will, after the conclusion of the arbitration, pay for your share of the AAA’s fees for arbitration, unless the arbitrator determines your claims and/or the relief request were frivolous, so long as you provided us notice of your intent to arbitrate at least 60 days prior to your commencing arbitration; and
- you may choose to have the arbitration conducted (a) solely based written documents, (b) telephonically, or (c) in-person at an agreed location in the U.S. state or Canadian province where you purchased the Daikin Product(s) underlying the dispute.
These Terms relate to interstate commerce and are governed by the Federal Arbitration Act, which governs the interpretation and enforcement of the arbitration provisions herein.
3.2 Class Action Waiver
Any dispute or claim related to these Terms or to your access or use of the Daikin Services will not be joined with any claim of another person or entity, whether through participation in a class-action proceeding or otherwise. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO PROCEEDING BROUGHT UNDER THESE TERMS OR IN RELATION TO THE ACCESS OR USE OF THE DAIKIN SERVICES SHALL BE JOINED TO ANOTHER PROCEEDING INVOLVING ANY OTHER PARTY SUBJECT TO THESE TERMS, WHETHER THROUGH CLASS-ACTION PROCEEDINGS OR OTHERWISE.
3.3 Waiver of Jury Trials, Jurisdiction
If for some reason a dispute or claim related to these Terms or to your access or use of the Daikin Services proceeds before a court rather than arbitration, you agree, and Daikin agrees, to waive any right to a jury trial. And you agree that all such disputes and claims that are before a court will be exclusively brought in the state or federal courts located in Harris County, Texas—with you and us agreeing to the personal jurisdiction of such state and federal courts and to waive any claims regarding the lack of convenience of such courts.
3.4 Opting Out
If you do not wish to be bound by the arbitration (Section 3.1) and class-action (Section 3.2) sections of these Terms, then you must provide Daikin written notification of your decision within 30 days of your first acceptance of these Terms. Your written notification must be sent to Daikin at:
Daikin Texas Technology Park
19001 Kermier Rd.
Waller, TX 77484.
3.5 Future Changes to Section 3
Other than minor administrative changes (e.g., Daikin’s address for notices, typos), you may reject any changes to this Section 3 regarding disputes made after your acceptance, but only if you send us written notification of your rejection of the change within 30 days of that change being posted or notification of that change to you. Your written notification must be sent to Daikin at address provided in Section 3.3 above.
If you send us such notification, then you will be bound to the section addressing disputes (e.g., Section 3) that existed immediately before the change that you rejected was made. If you do not comply with these instructions, you agree to be bound by such future changes.
To the extent you have properly sent us notice of your decision to “opt-out” pursuant to Section 3.4 or reject future changes pursuant to Section 3.5, we will assume that your decision applies to future changes to this Section 3. However, you understand that we may, at some point, require complete acceptance of any changes to Section 3 and may terminate your access to and use of the Daikin Services if you do not accept such changes.
4. The Daikin Services
We may, from time to time, need to make or provide updates or modifications (“Updates”) to or for the Daikin Services, which may be installed on a device you own. You agree that we may provide Updates automatically and without notice to you; your agreement to these Terms is your consent. You also agree that through an Update we may add new features or functionality, or remove or modify features or functions that have been provided in the past. Furthermore, you agree that if we provide any Updates to you, you will promptly install such Updates at no cost to us.
You agree that the Daikin Services and Daikin Products may periodically and automatically check for Updates by communicating with us. If you do not want automatically provided Updates or do not want to install a provided Updates, you must not use or cease your use of the Daikin Services.
To provide the Daikin Services (which include Updates), it may be necessary for Daikin, or its representatives or resellers, to access and use the various resources (see Section 1.7) you have obtained or provided for the Daikin Services or Daikin Products. Accordingly, you agree that Daikin, or its representatives or resellers, may access and use such services in relation to the Daikin Services and Daikin Products. For example, you agree that Daikin, or its representatives or resellers, may use your network to provide the Updates and the Daikin Services; and you agree that Daikin, or its representatives or resellers, may activate the Bluetooth functions on the Daikin Products without notice to you to set-up, enable, or provide the Daikin Services.
All Updates are governed by these Terms.
4.1 Open Source
The Daikin Services may include software that is often described as “Open Source Software” (“OSS”). Nothing in these Terms will be construed to affect any rights you may have in the OSS pursuant to the license the OSS is subject to. To the extent the Daikin Services employ OSS, a listing of the OSS can be found at here at www.GoodmanMFG.com/Legal.
4.2 Third Party Data Collection
By agreeing to these Terms, you agree that Daikin may use services provided by third parties to collect and process your personal information from the Daikin Products or Daikin Services.
5. Our Content
All content—such as images, text, trademarks, logos, artworks, designs, or code—on the Daikin Services is owned by or licensed to us and is protected by copyright, trademark, patent, or other intellectual property laws. Using or accessing the Daikin Services does not grant you any ownership of or licenses to this content. You may not use, copy, or make derivative works of content from the Daikin Services without obtaining permission from the content’s owner or without having permission under the law. And if any of the content carries a legal notice, you may not alter, remove, or obscure that notice.
Many of the Daikin Services display trademarks, service marks, logos, or other designations of source (collectively “Marks”). All Marks are registered or unregistered marks of Daikin, a member of the Daikin Group, or our licensors or content providers; all Marks are the exclusive property of their respective owners. And your access and use of the Daikin Services does not grant you—by implications or otherwise—any license, right to use, or ownership interest in any Marks.
We may change, remove, or add to any content on the Daikin Services without notification to you.
6. Your Submissions
In certain instances, you may be able to submit (e.g., upload) content to or through the Daikin Services. You will not submit any content to the Daikin Services that (i) is inappropriate, harmful, malicious, obscene, abusive, or defamatory; (ii) infringes the patent, trademark, trade secret, copyright, or other intellectual property or other right of another; (iii) violates the legal rights of others or gives rise to any civil or criminal liability under applicable laws or regulations; or (iv) otherwise violates these Terms. And you will not submit any content without the express authorization of the owner of such content. We may remove or reject any content you submit.
If you choose to provide any content to us, we will not treat it as confidential or proprietary, and you hereby grant (upon your submission) to us (and our agents, corporate affiliates, and service providers, and each of our respective licensees, successors, and assigns) a worldwide, irrevocable, perpetual, non-exclusive, fully transferable, sublicensable, and royalty-free license to use, reproduce, display, distribute, or otherwise make derivatives works of any content that you submitted. You are solely responsible for any content you submit, and you agree to indemnify, and hold harmless, us against any third-party claims, actions, allegations, or liabilities based on the content you submitted.
7. Digital Millennium Copyright Act
We respect the intellectual property rights of others, and we expect others to do the same. If you believe that materials accessible on or from the Daikin Services infringe your copyright, you may, pursuant to the Digital Millennium Copyright Act, request removal of those materials by submitting written notification to our copyright agent (as designated below).
Your notice to us must at least provide the following information:
- the physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sites;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under the penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for allegations of copyright infringement is:
Mr. Manish Vyas
Designated DMCA Copyright Agent, Legal
Daikin Texas Technology Park
19001 Kermier Rd,
Waller, TX 77484
We may remove or disable access to materials residing on the Daikin Services that is claimed to be infringing, and we have the right to suspend or terminate access to or use of the Daikin Services by those who infringe another’s rights.
8. Third-Party Content, Links, and Services
The Daikin Services may allow you to access products, websites, applications, content or services from third parties or you may choose to use third-party services or products in conjunction with the Daikin Products or Daikin Services (collectively “Third-Party Services”). As one example of a Third-Party Service, you may hire a dealer or distributor of Daikin Products to install, configure, maintain, or operate the Daikin Products.
These Terms—except to the extent expressly provided otherwise—do not address the policies or practices of these third parties, including other members of the Daikin Group, and do not grant you any rights in or to any products or services provided by these third parties.
These Third-Party Services selected by you are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. We (or any member of the Daikin Group) are not responsible for, cannot guarantee, and will not be liable to you for the content, accuracy, availability, reliability, security of any such Third-Party Services. Daikin disclaims all liability arising from or related to your use of Third-Party Services.
Moreover, to the extent you use Third-Party Services in relation to the Daikin Products or Daikin Services, you agree that we may exchange relevant information (including personal information) with the third party providing the Third-Party Services.
8.2 App Stores
Accessing or downloading the Daikin Mobile Apps may require you to connect to an “App Store” (e.g., Google’s Play Store or Apple’s App Store), which is a specific type of Third-Party Service. These Apps Stores are independent from us. Any terms and conditions that you agree to in order to access or use the App Store are between you and the App Store’s provider.
We do not warrant or make any representations regarding these App Stores, and Daikin (or any member of Daikin Group) is not liable to you in any way for your access or use of the App Store.
But, by agreeing to these Terms, you represent and warrant that you are complying with any terms and conditions you agreed to in relation to the App Store.
For example, we may collect information about
- the Daikin Products’ or Daikin Services’ setup, network connections, location, performance, resource consumption, and operation,
- adjustments made to the Daikin Products or Daikin Services,
- the Daikin Products’ or Daikin Services’ usage information,
- any faults or errors detected by the Daikin Products or Daikin Services, and
- technical information related to the Daikin Products or Daikin Services.
In addition, we may collect information about the environment surrounding the Daikin Products using sensors in or connected to the Daikin Products. For example, we may collect information about
- the occupancy, activity, temperature, air quality, humidity, illuminance, decibel levels, or other parameters of the environment the Daikin Products are used in or with, and
you and your activity within the environment.
Without limiting any rights Daikin may have elsewhere in these Terms, you agree that Daikin may, at any time, terminate (i) your access or rights to use the Daikin Services, and (ii) terminate these Terms if Daikin believes, in good faith, that you have violated these Terms.
Sections 1.3 to 1.10, Sections 2 to 6, and Sections 8 to 12 (except 11.1) will survive expiration or termination of these Terms.
11. Cloud Services
In certain instances, the Daikin Services may contain functionally that—when activated by a third-party provider of Daikin-brand equipment authorized by Daikin (“Authorized Provider”) or Daikin—enables you to connect with and transmit data to and from an Authorized Provider via the Daikin Services (“Cloud Services”).
For example, using the appropriate menus in the Daikin Services or on the appropriate Daikin One smart thermostat that is associated with the activated Cloud Services, you may grant an Authorized Provider
- “no access”;
- permission to remotely “monitor” the Daikin Services, e., see information about the Daikin Products (including your Daikin One smart thermostat and your HVAC system connected to that thermostat, and other information collected or generated by the Daikin Products or Daikin Services); or
- “adjust settings” of the Daikin Services, e., perform all of the functions provided by the “monitor” setting plus the ability to remotely manipulate settings of or the configuration of the Daikin Products (including your Daikin One smart thermostat and your HVAC system connected to that thermostat, and other information collected or generated by the Daikin Products or Daikin Services and including heating or cooling mode settings, set-point temperature, operating and testing configurations, and system operation).
To use the Cloud Services, you must download the Daikin One Home mobile app, which is available on the Apple App Store and Google Play Store, you must create an account using the mobile app, you must provide a valid email for that account, and you must accept these Terms. And to enable the Cloud Services to communicate with a particular Authorized Provider, you must authorize such connection through your account on the Daikin One Home mobile app.
The licensed Cloud Services are subject to these Terms generally, and are also subject to the specific terms of this Section 11. To the extent there is a conflict, the provisions of this Section 11 control with respect to the Cloud Services.
11.1 License to the Cloud Service Features of the Daikin Services
You do not own any of the Cloud Services aspects of the Daikin Services; rather, it is licensed to you—and you must obtain activation of the licensed Cloud Services from an Authorized Provider or Daikin. To activate a license to the Cloud Services, you must, and hereby do, represent and warrant that the Cloud Services licensed to you will only be used at one location and for one household. Your first activation (“original activation”) will be bound (via a serial number) to the first outdoor HVAC unit connected to a Daikin One smart thermostat at your location and for your household (“Bound Outdoor Unit”).
If you have obtained such “original” activation, then, subject to these Terms and if you comply with them, we grant you a personal, revocable, non-exclusive, non-transferable (and non-sublicensable) license to access and use the Cloud Services of the Daikin Services to configure, operate, or monitor, the Daikin Products that are directly integrated with the operation of the Bound Outdoor Unit (e.g., indoor HVAC unit, connected Daikin One smart thermostat controlling the Bound Outdoor Unit) that you own or are authorized to operate or monitor, at a single location and for a single household.
If you purchase or have additional Daikin Products that are compatible with the Cloud Services and that are at that same location and for the same household as the Bound Outdoor Unit (“Additional Daikin Products”), then you may obtain “additional” activations for the Cloud Services aspects of the Daikin Services by contacting Daikin at firstname.lastname@example.org (or an alternative mechanism as announced by Daikin) and, thereby, obtain a personal, revocable, non-exclusive, non-transferable (and non-sublicensable) license to access and use the Cloud Services of the Daikin Services to configure, operate, or monitor the Additional Daikin Products that you are authorized to operate or monitor at the same location and for the same household as the Bound Outdoor Unit.
Except for the limited license rights expressly provided above, you obtain no other rights (express or implied) in or to the Cloud Services or to any intellectually property held by us, the Daikin Group, or our licensors. The Cloud Services aspects of the Daikin Services, and any intellectual property rights therein, are and will remain the exclusive property of Daikin or its licensors.
11.2 You are Directing Us to Send Information to the Authorized Service Provider
11.3 No Liability for Third-Party Action, Inaction
If you enable the “monitor” or the “adjust settings” features of the Cloud Services, you agree that neither Daikin nor any member of the Daikin Group shall have any responsibility or liability with respect to any actions or inactions on the part of such Authorized Provider. As stated in Section 1.4 above, all information provided by the Daikin Services—including any notices generated by the Daikin Services and sent to you or the Authorized Provider—is merely informational, is not guaranteed, and is not to be relied upon for making any decisions or for any other purpose. YOU SHOULD SEEK THE ADVICE OF A QUALIFIED PROFESSIONALS IN DETERMINING AND ASSESSING THE CONDITION OF YOUR HVAC SYSTEM AND FOR PERFORMANCE OF MAINTENANCE ON YOUR HVAC SYSTEM
11.4 Term of Cloud Services
11.4.1 To the extent you have obtained an “original” activation or “additional” activations of the Cloud Services from an Authorized Provider or Daikin, any licenses to the Cloud Services granted herein (“Original Cloud Service Term”)
- begins when you first associate your Bound Outdoor Unit with the Cloud Services, and
- ends when the Bound Outdoor Unit no longer remains in operation.
11.4.2 To the extent you have obtained a “transferee” activation of the Cloud Services from an Authorized Provider or Daikin, any licenses to the Cloud Service granted herein (“Transferee Cloud Service Term”)
- begins when you (the transferee) associate your Bound Outdoor Unit with the Cloud Services, and
- ends when the Bound Outdoor Unit no longer remains in operation.
11.4.3 However, the Cloud Service Term (whether Original or Transferee) will automatically terminate, without any compensation to you and without notice, if
- the serial number of the Bound Outdoor Unit does not match the serial number provided by the Authorized Provider to activate the Cloud Services license;
- the Bound Outdoor Unit is installed or operated at a location other than the location where the Bound Outdoor Unit was first installed; or
- the Cloud Services are used in relation to any Daikin Products not installed at the same location and for the same household (except as provided by Section 11.4.5) as the Bound Outdoor Unit.
11.4.4 Without limiting any rights Daikin may have elsewhere in these Terms, you agree that Daikin may, at any time terminate any licenses granted herein and your access and use of Cloud Services if Daikin believes, in good faith, that you have violated these Terms.
11.4.5 Your license, with respect to the Cloud Services, will automatically terminate if you transfer or otherwise dispose of the Daikin Thermostat. However, so long as you have not violated these Terms, a subsequent transferee of both the Bound Outdoor Unit and a Daikin One smart thermostat for that Bound Outdoor Unit may obtain a “transferee” activation for the remaining term of the Original Cloud Services for the Bound Outdoor Unit by contacting Daikin at email@example.com and by entering into a new license under these Terms.
11.4.6 If you have obtained an “original” or “additional” activation, You agree that Daikin may, three months after the start of the Original Cloud Service Term, terminate your license under the Terms to the Cloud Services—for convenience, for any reason or no reason at all, and without compensation to you—by providing you 10 days’ written notice to any email or physical address associated with the Cloud Services.
11.4.7 If you have obtained a “transferee” activation, You agree that Daikin may terminate your license under these Terms to the Cloud Services—for convenience, for any reason or no reason at all, and without compensation to you—at any time during the Transferee Cloud Services Term by providing you 10 days’ written notice to any email or physical address associated with the Cloud Services.
11.5 Authorized Service Providers
You agree that Daikin may, from time to time and without notice to you, amend its list of Authorized Service Providers. In doing so, Daikin may cease providing a given Authorized Service Provider access to the Daikin Software or other software or system developed by Daikin. If the Authorized Service Provider you have selected is deauthorized, you may contact firstname.lastname@example.org to obtain more information about a new Authorized Service Provider you may select.
12. About these Terms
You agree that any dispute arising out of or based on the Daikin Services or these Terms will be governed by applicable federal law (e.g., the Federal Arbitration Act) and the laws of the State of Texas, without regard to Texas’s conflict-of-laws principles.
Our failure to enforce—or any delay in our enforcing—any provision of these Terms will not be deemed a waiver of our rights to enforce them.
If any provision of these Terms is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. In such cases, you agree that we may substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the objectives and intentions of the invalid or unenforceable provision.
You may not assign or otherwise transfer your rights or obligations in the Terms without Daikin’s consent. But Daikin may assign or otherwise transfer its rights and obligations without your consent and without restriction.
You agree that Daikin may provide notice to you or contact you for purposes of these Terms, for marketing purposes, or other lawful purposes by—at Daikin’s option—sending a notice to any email or physical address you associated with the Daikin Services or Daikin Products or by contacting you through any phone number that you associated with the Daikin Services or Daikin Products.
If you have any questions or comments about these Terms, please feel free to submit them to us by emailing IP@GoodmanMFG.com.