Terms of service
Welcome to PowerX Technology, Inc. (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
These Terms of Service (“Terms”, “Terms of Service”) is a legal contract between you and us, and govern your use of our web pages located at http://powerx.co and http:/power-x.com (our “web pages”) and our mobile application PowerX (the “Mobile Application”) and your purchase through the web pages and use of the products (the “Products”, and together with the web pages, and the Mobile Application, collectively, or individually, the “Service”) operated by PowerX Technology, Inc.NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here http://powerx.co/privacy.
Your agreement with us includes these Terms and our Privacy Policy, and additional terms that may be provided to you by us with the Products, (collectively, the “Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound of them.
You agree to comply with the Agreements. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing us at contact@powerx.co so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.
Thank you for being responsible.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.
Mobile ApplicationWe make available a Mobile Application to access portions of the Service via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for personal or internal business purposes. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and us only, and not with Apple, Inc. (“Apple”).
- Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
- We, and not Apple, are solely responsible for our iOS App and the Service and Materials available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that we, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- 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.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”).
- Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Service and Materials available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
- You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
- You acknowledge that these Terms are between you and us only, and not with Amazon.com, Inc. (“Amazon”).
- Information that we collect from you or your device are subject to these Terms and the Privacy Policy, and will not be subject to the Amazon.com Privacy Notice.
- Amazon has no obligation or liability to you with respect to our Amazon Android App and the Service and Content available thereon or these Terms. We, and not Amazon, are solely responsible for our Amazon Android App and the Service and Content available thereon. For the avoidance of doubt, the Amazon Android App does not include any software that you may need to install on your mobile device in order to download applications from the Amazon App Store (the “Appstore Software”). The Appstore Software is licensed to you by Amazon pursuant to the terms of the then current Amazon Appstore for Android Terms of Use.
Purchases
If you wish to purchase any Product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
If applicable, you agree to pay all fees or charges to your account based on our fees, charges, and billing terms in effect as shown on the [payment page (make link)]. If you do not pay on time or if we cannot charge your credit card, PayPal or other payment method for any reason, we reserve the right to either suspend or terminate your access to the Service and account and terminate these Terms. You are expressly agreeing that we are permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with the Service, and thereafter at regular intervals for the remainder of the term of these Terms as set forth below. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that we may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
PowerX Technology, Inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of PowerX Technology, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Prohibited Uses
You may use the Service only for lawful purposes and in accordance with Terms. You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend Company or users of the Service or expose them to liability.
Additionally, you agree not to, and you will not permit any third party to:
- share with or assign, copy (except as expressly set forth herein), sublicense, transfer, lease, rent, sell, distribute, or otherwise provide to any third party (i) the license set forth in these Terms, (ii) the Services, including without limitation the Products; (iii) any use of the Services; or (iv) your rights under these Terms.
- (i) modify, adapt, translate, duplicate, disassemble, decompile, reverse assemble, reverse compile, or reverse engineer, or take similar action with respect to the Services or any component thereof for any purpose, or (ii) attempt to discover the underlying source code or algorithms of the Services (unless enforcement of this restriction is prohibited by applicable law and then, only to the extent specifically permitted by applicable law, and then only upon providing us with reasonable advance written notice and opportunity to respond);
- Use the Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Company rating.
- Otherwise attempt to interfere with the proper working of the Service.
This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to (a) terminate access to your account, your ability to post to this Service or our website and (b) refuse, delete or remove any Content; with or without cause and with or without notice, for any reason or no reason, or for any action we determine is inappropriate or disruptive to the Service or our website or to any other user of the Service or our website. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service, our website or on the Internet.
Unauthorized use of any Content contained on the Service may violate certain laws and regulations.
You agree to indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) we or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of the Service or the use of the Service by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Analytics
We may use third-party service providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is analytics service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Fathom Analytics
Fathom Analytics is analytics service provided by Conva Ventures Inc. You can find their Privacy Policy here: https://usefathom.com/privacy/
Piwik / Matomo
Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy
Clicky
Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms
Cloudflare analytics
Cloudflare analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy Policy here: https://www.cloudflare.com/privacypolicy/
Statcounter
Statcounter is a web traffic analysis tool. You can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/
Flurry Analytics
Flurry Analytics service is provided by Yahoo! Inc.
You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing your information by visiting the Flurry’s Opt-out page: https://dev.flurry.com/secure/optOut.do
For more information on the privacy practices and policies of Yahoo!, please visit their Privacy Policy page: https://policies.yahoo.com/in/en/yahoo/privacy/index.htm
Mixpanel
Mixpanel is provided by Mixpanel Inc.
You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/
Unity Analytics
Unity Analytics is provided by Unity Technologies.
For more information on what type of information Unity Analytics collects, please visit their Privacy Policy page: https://unity3d.com/legal/privacy-policy
Azure DevOpsAzure DevOps is a Software as a service (SaaS) platform from Microsoft that provides an end-to-end DevOps toolchain for developing and deploying software.
You can find Microsoft Privacy Statement here: https://privacy.microsoft.com/en-gb/privacystatement
No Use By Minors
The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PowerX Technology, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PowerX Technology, Inc.. Subject to the terms and conditions of these Terms, and your compliance with these Terms, we hereby grant you a limited, personal, non-exclusive and non-transferable license to use and access the Service solely for your personal use. Except for the foregoing license, you have no other rights in the Service and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately cease using the Service.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@powerx.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at contact@powerx.co
Error Reporting and Feedback
You may provide us either directly at contact@powerx.co or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
The third party sites and tools mentioned above include the following:
Bugsnag
Bugsnag is a platform for monitoring and logging stability of applications provided by Bugsnag Inc. Please read their Privacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/
ACRA
ACRA or Application Crash Reports for Android is monitoring platform. Please find more information here: https://github.com/ACRA/acra
Rollbar
Rollbar is error tracking service provided by Rollbar Inc. Find out more here: https://docs.rollbar.com/docs/privacy-policy
Sentry
Sentry is open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/
Raygun
Raygun is automated error monitoring software provided by Raygun Limited. Privacy Policy is accessible at https://raygun.com/privacy/
Firebase Crashlytics
Firebase Crashlytics is bug reporting service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by PowerX Technology, Inc.
PowerX Technology, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT POWERX TECHNOLOGY, INC. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
Disclaimer Of Warranty
COMPANY 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING WITHOUT LIMITATION OUR WEBPAGES, THE MOBILE APPLICATION, THE PRODUCTS AND ANY SERVICES YOU OBTAIN FROM US IN CONNECTION WITH THE FOREGOING, ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, THE CONTENT THEREIN, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PRODUCTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, THEIR CONTENT, OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR OTHERWISE FROM US WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE SERVICES OR OTHERWISE FROM US WILL MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
IN NO CASE SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE WEB PAGES, THE MOBILE APPLICATIONS, THE PRODUCTS OR ANY SERVICES OBTAINED FROM US, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR THE SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY PRODUCTS, OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB PAGES OR THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHERE WE ARE FOUND LIABLE TO YOU, OUR MAXIMUM AGGREGATE LIABILITY TO YOU WILL BE LIMITED TO EITHER U.S. $1,000, OR THE VALUE EQUAL TO TWICE THE TOTAL FEES PAID BY YOU TO US IN RESPECT OF ANY SERVICES OR PRODUCTS OBTAINED FROM US IN THE 6-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE (WHICHEVER IS GREATER), WHETHER THE CLAIMS FOR SUCH LIABILITY ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.
Indemnification.
You agree to indemnify, hold harmless and defend Company with respect to any claims, complaints, proceedings, obligations, demands, cause of action, debt, liabilities, damages, costs or expenses, including reasonable attorney’s fees and expenses, arising from any third-party claim against us relating to (i) your violation of law, (ii) your infringement of any intellectual property or similar proprietary rights of any person or entity; (iii) any noncompliance with or violation of these Terms; (iv) any Content provided by you; (v) your use of the Service or any Products or services provided in connection with the Service, or (vi) any act or omission or willful misconduct of yours.Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Dispute Resolution and Arbitration; Class Action Waiver (the “Provision”)
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing or mailing a notice to us at contact@powerx.co the following information: (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, your or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing or mailing a notice to us at contact@powerx.co the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
Arbitration Procedures
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.
Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – you or we may initiate arbitration in either New York or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
No Judge or Jury in Arbitration
Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and we are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Continuation
This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Service. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.
Governing Law
These Terms shall be governed and construed in accordance with the laws of State of New York without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Service 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.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Waiver And Severability
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
Acknowledgement
BY USING THE SERVICE, THE PRODUCTS OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
California Consumer Notice.
- Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The web pages and Service are provided by Company. If you have a question or complaint regarding the web pages or Service, please contact Customer Service at contact@powerx.co. You may also contact us by writing Company, contact@powerx.co. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Contact Us
Please send your feedback, comments, requests for technical support:
By email: contact@powerx.co.
By visiting this page on our website: https://help.powerx.co/Privacy policy
Welcome to PowerX Technology, Inc
PowerX Technology, Inc (“us”, “we”, or “our”) operates https://www.powerx.co/, https://power-x.com/ (the “Sites”), the PowerX mobile application (the “App”), and the services available through our Sites and App (hereinafter collectively referred to as “Services”).
Our Privacy Policy governs how we collect, use, safeguard and disclose information that results from your use of our Services.
We use your data to provide and improve Services, and as otherwise described in this Privacy Policy. By using Services, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us.
Information We Collection and Use
We collect several different types of information directly from you and from third parties, as well as automatically through our Services. The type of information that we collect from you depends on your interaction with our Services.
Types of Data Collected
Information We collect Directly From You
While using our Service, we may ask you to provide us with certain personal information that can be used to contact or identify you . Personal information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Credit Card Data
Registration. When you register to use our services, we collect your email, password, name, address, phone number.
Purchases. If you make a purchase through our site, or put down a deposit on a product, we collect your name, email address, address, phone number, and your credit card information.
Feedback. If you provide us with your feedback, we may post your comments along with your name on our Sites.
Contacting Us. If you contact us, for example, to ask us a question or request a demo, we collect your name, email address, and if you represent a company, your company name and description. You may also provide us with other information, such as the details of your request, but you are not required to provide that information. When you send us a message using the chat feature on our Site, we collect the information in that chat and we will use and store that information.
Information We collect Automatically
We automatically collect information about your use of our Services through cookies, web beacons, and other technologies.
We collect information that your browser sends whenever you visit our Services or when you access our Services by or through a mobile device, .This may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access our Services with a mobile device, the information that we collect automatically may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may combine the information that we collect automatically with other information that we have collected about you. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
Location Data. We may use and store information about your location if you give us permission to do so. We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time by way of your device settings.
Utilities Data. The PowerX sensors gather gather and store detailed information about your water and/or, electricity and/or gas usage and/or water heater temperature data. We use this data to provide features of our Service, to generate hypotheses about specific devices in use. A subset of this data is sent to our servers, where it is stored.
Other Data
While using our Service, we may also collect the following information: sex, age, date of birth, citizenship, actual address, telephone number (work, mobile), office location and other data.
We share the information that we collect in our capacity as a service provider in accordance with the terms of our agreement with our customer.
We will use automatically collected information obtained through a customer’s and its users’ use of our App to assist us in evaluating the operation of the App for troubleshooting and customer service purposes, and product improvement.]
Use of Data
We use the collected data for various purposes:
- to provide and maintain our Service, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders;
- to notify you about changes to our Service;
- to allow you to participate in interactive features of our Service when you choose to do so;
- to provide customer support;
- to gather analysis or valuable information so that we can improve our Service;
- to monitor the usage of our Service;
- to detect, prevent and address technical issues;
- to fulfill any other purpose for which you provide it;
- to tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using our Services.
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to provide you with notices about your account, email-instructions, etc.;
- to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link. We also use the information that we learn about you to assist us in advertising our Services on other websites and to assist us in evaluating the success of our advertising campaigns in various platforms;
- to better understand how users access and use our Services, both on an aggregated and individualized basis, in order to improve our Services and respond to user desires and preferences, and for other research and analytical purposes.
- to administer our customer loyalty program;
- in any other way we may describe when you provide the information;
- for any other purpose with your consent.
Retention of Data
We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain information that we collect automatically for internal analysis purposes. This information is generally retained for a shorter period, except when it is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Disclosure of Data
We may disclose personal information that we collect, or you provide:
- Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your personal information if required to do so by law or in response to valid requests by public authorities.
- Business Transaction.
If we or our subsidiaries are invested in, or acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer or disclose the information we have collected from you as part of that transaction.
- Other cases. We may disclose your information also:
- to our subsidiaries and affiliates;
- to contractors, service providers, and other third parties we use to support our business;
- to fulfill the purpose for which you provide it;
- for the purpose of including your company’s logo on our website;
- for any other purpose disclosed by us when you provide the information;
- with your consent;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
- Aggregated and De-Identified Data.
We may share aggregate or de-identified information about users with other entities for marketing, advertising, research or similar purposes.
Cookies and Other Tracking Technologies
We and our service providers use cookies and similar tracking technologies to track the activity on our Services. We may combine this information with other personal information we collect from you (and our service providers may do so on our behalf).
Cookies are files with a small amount of data which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as web beacons, tags and scripts to collect and track information and to improve and analyze our Service. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities on our Services.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies: We use Session Cookies to operate our Services. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer.
- Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our Sites and on unaffiliated sites.
- Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
- Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Advertising section.
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Analytics
We may use service providers to monitor and analyze the use of our Services. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services’ performance and user experiences. The entities that operate these tools may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services in accordance with their own privacy policies.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports information about website visitors. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.
We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is analytics service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Fathom Analytics
Fathom Analytics is analytics service provided by Conva Ventures Inc. You can find their Privacy Policy here: https://usefathom.com/privacy/
Piwik / Matomo
Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy
Clicky
Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms
Cloudflare analytics
Cloudflare analytics is a web analytics service operated by Cloudflare Inc. Read the Privacy Policy here: https://www.cloudflare.com/privacypolicy/
Segment.io
Segment.io is a web traffic analysis tool. You can read the Privacy Policy for Segment.io here: https://segment.com/legal/privacy/.
Statcounter
Statcounter is a web traffic analysis tool. You can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/
Flurry Analytics
Flurry Analytics service is provided by Yahoo! Inc.
You can opt-out from Flurry Analytics service to prevent Flurry Analytics from using and sharing your information by visiting the Flurry’s Opt-out page: https://dev.flurry.com/secure/optOut.do
For more information on the privacy practices and policies of Yahoo!, please visit their Privacy Policy page: https://policies.yahoo.com/us/en/yahoo/privacy/index.htm
Mixpanel
Mixpanel is provided by Mixpanel Inc.
You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/
For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/
Unity Analytics
Unity Analytics is provided by Unity Technologies.
For more information on what type of information Unity Analytics collects, please visit their Privacy Policy page: https://unity3d.com/legal/privacy-policy
Ackee
Ackee is a web traffic analysis tool
For more information on what type of information Ackee collects, please visit their Terms of Service page: https://electerious.com/terms_of_service.html
CI/CD tools
We may use third-party Service Providers to automate the development process of our Service.
GitHub
GitHub is provided by GitHub, Inc.
GitHub is a development platform to host and review code, manage projects, and build software.
For more information on what data GitHub collects for what purpose and how the protection of the data is ensured, please visit GitHub Privacy Policy page: https://help.github.com/en/articles/github-privacy-statement.
GitLab CI/CD
GitLab CI/CD is provided by GitLab, Inc.
GitLab CI (Continuous Integration) service is a part of GitLab that build and test the software whenever developer pushes code to application.
GitLab CD (Continuous Deployment) is a software service that places the changes of every code in the production which results in every day deployment of production.
For more information on what data GitLab CI/CD collects for what purpose and how the protection of the data is ensured, please visit GitLab CI/CD Privacy Policy page: https://about.gitlab.com/privacy/.
[Cross Device and Browser Use. We and our service providers may use the information that we collect about you (whether directly from you from our website, through your device(s), or from another entity) to help us and our service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer). We, and our service providers, also may use the cross-device and browser tracking and other information we learn about you to serve targeted advertising on your devices and to send you emails. To opt-out of cross-device and browser advertising, you may follow the instructions set forth in the Advertising section below. Please note: if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser or mobile device from which you accessed the opt-out. If you use multiple devices or browsers, you will need to opt out of each browser or device that you use.]
Advertising
We may use service providers to show advertisements to you to help support and maintain our Service.
Google AdSense DoubleClick Cookie
Google, as a third party vendor, uses cookies to serve ads on our Service. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet.
You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
Behavioral Remarketing
We use other entities such as network advertisers, advertisers, sponsors and/or traffic measurement services (“Advertisers”) to serve advertisements on our Sites and on other websites or other media (e.g., social networking platforms). This enables us and these entities to target advertisements to you for products and services in which you might be interested. Advertisers may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each Advertiser’s specific privacy policy, not this one. We may provide these Advertisers with information, including personal information, about you.
We may disclose certain information to other parties – such as Facebook (more info on Facebook Custom Audience here) – so that we can better target ads and content to our users, and others with similar interests on these external platforms or networks (“Custom Audiences”). We may also work with Advertisers that enable us and other participants to target ads to Custom Audiences submitted by us and others.
Users in the United States may opt out of many ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Sites or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info and the NAI’s website at www.networkadvertising.org.
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Bing Ads Remarketing
Bing Ads remarketing service is provided by Microsoft Inc.
You can opt-out of Bing Ads interest-based ads by following their instructions: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
You can learn more about the privacy practices and policies of Microsoft by visiting their Privacy Policy page: https://privacy.microsoft.com/en-us/PrivacyStatement
Twitter remarketing service is provided by Twitter Inc.
You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405
You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
Pinterest remarketing service is provided by Pinterest Inc.
You can opt-out from Pinterest’s interest-based ads by enabling the “Do Not Track” functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data
You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page: https://about.pinterest.com/en/privacy-policy
Payments
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
PayPal or Braintree:
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
Apple Store In-App Payments:
Their Privacy Policy can be viewed at: https://www.apple.com/legal/privacy/en-ww/ / https://support.apple.com/en-us/HT203027
Google Play In-App Payments:
Their Privacy Policy can be viewed at: https://policies.google.com/privacy?hl=en&gl=us / https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=privacynotice&ldl=en
Square:
Their Privacy Policy can be viewed at: https://squareup.com/us/en/legal/general/privacy
WePay:
Their Privacy Policy can be viewed at: https://go.wepay.com/privacy-policy
WeChat:
Their Privacy Policy can be viewed at: https://www.wechat.com/en/privacy_policy.html
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click one of these links, you will be directed to that other entity’s site. We strongly advise you to review the privacy policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
User Generated Content
We invite you to post content on our Sites, including your comments, pictures, and any other information that you would like to be available on our Sites. If you post content to our Sites, all of the information that you post will be available to [all visitors to our Site/all registered users on our Site]. If you post your own content on our Site or Services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy.
Access To My Personal Information
You may modify personal information that you have submitted by logging into your account on and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Sites for a period of time.
What Choices Do I Have Regarding Use of My Personal Information?
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.
Children’s Privacy
Our Services are not intended for use by children under the age of 18 (“Child” or “Children”).
We do not knowingly collect personal information from Children under 18. If you become aware that a Child has provided us with personal information, please contact us. If we become aware that we have collected personal information from Children without verification of parental consent, we take steps to remove that information from our servers.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
If we make any changes to this Privacy Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Request to Delete Data
If you terminate the Service and uninstall or deactivate the Hardware, you may request that we delete all of the Product Data and Information for Purchase that was collected for your Account. To request this, please send an email to support@powerx.co.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: support@powerx.co.
By visiting this page on our website: https://powerx.co/pages/contact-us
Shipping policy
PowerX ships normally within 24 hours as long as we have goods in stock. We currently only ship to the United States and Canada and only via Ground service.
If you need to make changes to your order(s) or have a cancellation request, please email to support@powerx.co. Make sure to include your order number, cancellation request is not guaranteed. If your request is not successfully cancelled, our support team will supply you with an RMA# ( merchandise authorization) to return your order.
Customers are responsible for all fees associated with return shipping, unless the product is deemed a software or hardware-related issue with an RMA# (Return merchandise authorization).
Refund policy
Refund Policy
We understand that after extensive troubleshooting or multiple replacements, things may not go as expected, and you may wish to return your devices. We've got you covered for up to 90 days from the day of receipt to return your unit(s) for a refund.
Please note: shipping and handling fees are no longer covered by PowerX, and restocking fees may be assessed.
- For a full refund, all returns must be in good working condition and include all items that were delivered to you, including the product packaging. Any damage caused to devices that are not from a defect in craftsmanship will not be accepted for a refund.
- At our discretion, we may charge you a restocking fee not to exceed $9 (Nine Dollars) USD for missing items such as cables, manuals, sensors, power adapters, or items that we determine are damaged or require service; this includes packaging. - If your return is accepted within the return period, we will refund your purchase price less any applicable restocking fees not to exceed $9 (Nine Dollars) USD.
- Shipping and handling are to be paid for by the customer.
- Contact our customer support team at support@powerx.co with subject line "RETURN". They will provide you with an RMA form.
- Please follow the RMA request form’s instructions carefully.
- You must provide us with your tracking number once the item has been shipped. Failure to do so will cause a delay in processing your return.
Once we have received your return, our returns team will inspect the devices for any damage or missing items. After the inspection is complete, we will process your refund minus any applicable restocking fees. Please allow 14 - 20 days for your return to be processed by the team and for a refund to be issued.
Support can be reached by Text, Email, or Chat (availability times vary.)
Standard one-year manufacturer warranty
The manufacturer warrants this product to be free from defects in workmanship and materials, under normal residential use and conditions, for a period of one (1) year for the original invoice date. Shipping and handling fees are to be paid for by the customer. The manufacturer agrees, at its option during the warranty period, to repair any defect in material or workmanship or to furnish a repaired or refurbished product of equal value in exchange without charge (except for a fee for shipping, handling, packing, return postage, and insurance which will be incurred by the customer). Such repair or replacement is subject to verification of the defect or malfunction and proof of purchase as confirmed by showing the model number on the original dated sales receipt.
Warranty Limitations
This warranty does not include:
-Any condition resulting from other than ordinary residential wear or any use for which the product was not intended, such as use in rental or contract trade or commercial use
-Any condition resulting from incorrect or inadequate maintenance or care Damage resulting from misuse, abuse, negligence, accidents, or shipping damage
-Dissatisfaction due to buyer’s remorse
-Normal wear and tear
-Damages incurred during transportation
-Damages incurred during assembly or maintenance
-Any used, previously displayed items
The Company makes no express warranty or condition whether written or oral and the company
expressly disclaims all warranties and conditions not stated in this limited warranty. To the extent allowed by the local law of jurisdictions outside the United States, the Company disclaims all implied warranties or conditions, including any implied warranties of merchantability and fitness for a particular purpose. For all transactions occurring in the United States, any implied warranty of condition of merchantability, satisfactory quality, or fitness for a particular purpose is limited to the duration of the express warranty set forth above. Some states or countries do not allow a limitation on how long an implied warranty lasts or the exclusion of limitation of incidental or consequential damages for consumer products. In such states or countries, some exclusions or limitations of this limited warranty may not apply to the Purchaser.
For consumer transactions, the limited warranty terms contained in this statement, except to the extent lawfully permitted, do not exclude, restrict, or modify but are in addition to the mandatory statutory rights applicable to the sale of this Product to the Purchaser.
All warranty claims must be filed by the consumer to the retailer of this product, who in turn is to
contact the manufacturer regarding any warranty return or replacement. We will not handle claims from the consumer directly unless the product is purchased directly through us. Please retain invoices for a minimum of one year for warranty purposes.
Claim Procedures
-Claims for defective merchandise must be made within ONE year from the invoice date. Claims for
missing parts must be made within 30 calendar days after the merchandise is received.
-Any claim for defective merchandise returns must be packed in original packaging
-We reserve the right to specify that items be returned to the original warehouse for inspection or be inspected by our representative in the field
-Pictures are required to claim defective merchandise, along with a copy of the original invoice
If the claim is justified, the item(s) or part(s) will be repaired or replaced or a credit will be issued. It is our policy to replace parts whenever possible.
-This warranty gives you specific legal rights. You may have other rights, which vary from state to state.