The Smart Casa LLC Terms and Service Agreement

Welcome to The Smart Casa LLC! This Terms of Service Agreement ("Agreement") governs the services provided by The Smart Casa LLC ("The Smart Casa," "we," "us," or "our") to you ("Customer," "you," or "your"). Please read this Agreement carefully before using our services. By using our services, you agree to be bound by this Agreement.

1. Services

The Smart Casa provides a comprehensive suite of smart home consulting and installation services. These services include, but are not limited to:

Expert Consultation: We offer in-depth consultations to design a customized smart home system that aligns with your specific needs and budget.
Device Procurement: We will source and procure a wide range of smart home devices, including motion sensors, security cameras, smart thermostats, and other industry-standard smart home technologies.
Professional Installation: Our certified technicians will perform the installation of procured smart home devices within your residence, ensuring proper functionality and adherence to safety protocols.
Automation Configuration: We will configure automated actions within your smart home system. These automations can be triggered by device activity, user input, occupancy detection from a variety of sources, including Wi-Fi connections, Bluetooth proximity or beacons, GPS from mobile devices, motion detection from PIR sensors, and the state of door contact sensors and related occupancy algorithms.. These automations can then perform actions such as sending notifications, adjusting lighting and temperature controls, or operating door locks and irrigation systems.
Network Design and Implementation: To establish a strong and dependable network foundation for your smart home system, we provide network design and implementation services. This encompasses consultation on, procurement of, and configuration of essential home networking equipment, including indoor and outdoor ethernet cables, Wi-Fi access points, and fiber optic solutions, ensuring optimal network performance for your smart home devices.

2. Initial Setup and Dial-In Period

Initial Setup: We will strive to complete the initial setup and configuration of your smart home system promptly. However, please note that the full functionality of the system may take some time to optimize.

Dial-In Period: During the initial weeks or months, we may need to make adjustments to the system to account for factors such as home layout, signal strength, device placement, and user behavior. This "dial-in" period is a normal part of the process and allows us to fine-tune the system to meet your specific needs.

Post-Installation Support: We offer 6 months of post-installation support, during which we will check in with you every 30 days to address any issues or make necessary adjustments. This may include minor programming changes, device swaps, or other adjustments to ensure optimal performance.

3. Customer Responsibilities

Access and Cooperation: You agree to provide timely access to your home for installation, configuration, and troubleshooting purposes.

Home Network: You are responsible for maintaining a stable home network, including internet connectivity and Wi-Fi signal strength.

Device Usage: You agree to use the installed devices and systems in accordance with the manufacturer's instructions and applicable laws.

4. Disclaimer of Liability

The Smart Casa strives to deliver exceptional service and utilize high-quality equipment. However, we cannot assume liability for certain situations, including:

Damages or losses arising from misconfigured or malfunctioning devices or automations.
Unlocked windows or doors, even if the system indicated a locked state.
Damages or losses resulting from missed or unsent notifications regarding door or window access attempts.
Theft or loss associated with undelivered notifications regarding security breaches.
Theft or loss attributable to the failure of any security component we install.
Security system malfunctions due to an unstable network or power supply.

5. Installation Standards and Site Care

We understand the importance of respecting your property during the installation process. Our technicians will employ industry-standard protection methods to minimize the risk of damage. While minor scuffs on walls or floors may occur as a byproduct of the installation, we will make every effort to safeguard your surroundings. Following installation completion, we will thoroughly clean the work area.

6. Pre-existing Conditions and Additional Work

The Smart Casa will make reasonable efforts during initial consultations and inspections to identify pre-existing conditions (such as issues with wiring, junction boxes, or incomplete work by others) that could impact the smart home system installation or function, and will communicate these findings. However, the Customer acknowledges that unforeseen site conditions not reasonably identifiable beforehand may be discovered during installation. Should such unforeseen conditions or incomplete work by others impede the scheduled installation progress, The Smart Casa reserves the right, at its discretion, to perform necessary corrective or completion work if it falls within our capabilities and can be done safely, primarily for smaller tasks to prevent significant project delays. This additional work is outside the original scope, and the Customer agrees to pay for the associated labor and materials at The Smart Casa’s standard market rates, which will be documented and added to the final invoice. While The Smart Casa will endeavor to seek approval before significant additional work, the Customer agrees this may not always be feasible without causing further delays.

7. Equipment Ownership, Delivery, and Risk of Loss

Upon completion of the installation of any equipment by The Smart Casa, such equipment shall be considered delivered to and accepted by the Customer. At that point, full ownership, title, and all risk of loss, theft, or damage to the installed equipment from any cause whatsoever, including but not limited to acts of other trades, vandalism, or burglary, shall pass to the Customer. The Customer remains fully liable for payment of all installed equipment and services rendered by The Smart Casa up to that point, irrespective of any subsequent loss, theft, or damage to said equipment.

8. Payment Terms

Payment for services rendered is due according to the terms outlined on the provided sales order or invoice. Alternatively, full payment is due within twenty-one (21) days from the service date, whichever occurs sooner. Late payments may be referred to a third-party debt collection agency. The Customer shall be responsible for all legal fees associated with such collection efforts.

9. Data Privacy

The Smart Casa prioritizes your data privacy. Certain smart home devices inherently collect telemetry data that is transmitted to the manufacturer's systems. We may also collect anonymized telemetry data to improve our products and services, as well as to proactively notify you of potential issues within your smart home system. We categorically do not collect any personally identifiable information, images, or video footage.

We utilize hardware and software safeguards to isolate your video security system. However, specific integrations may necessitate access to camera snapshots for the purpose of delivering mobile notifications. These snapshots may be temporarily cached on hardware we install within your residence, but they are not collected or transmitted to our servers. Industry-standard protocols are followed when transmitting notifications to necessary services, such as Google Firebase.

10. Entire Agreement

This Agreement constitutes the complete understanding between you and The Smart Casa LLC regarding the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

12. Contact Us

Should you have any questions regarding this Agreement, please do not hesitate to contact The Smart Casa LLC at legal@thesmartcasa.com.