Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the Serious Controls LLC (“Serious Controls,” “we,” “us,” or “our”) website and our software, distributed energy resource management, building automation, monitoring, alerting, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

1. Additional Agreements

Certain Services may be governed by an order form, statement of work, subscription agreement, license agreement, services agreement, or other written contract between Serious Controls and a customer. If a provision of such an agreement conflicts with these Terms, the signed agreement controls with respect to that customer and Service.

2. Eligibility and Accounts

You must be authorized to use the Services and must provide accurate and current account information. You are responsible for maintaining the confidentiality of your credentials and for activity conducted through your account.

You must promptly notify Serious Controls if you know or suspect that an account, credential, device, or system connected to the Services has been accessed or used without authorization.

3. Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms and any applicable written agreement. You may not:

Access or use the Services without authorization;
Interfere with or disrupt the operation, security, or availability of the Services;
Attempt to bypass access controls or probe for vulnerabilities without written authorization;
Introduce malware, harmful code, or unauthorized automated activity;
Copy, modify, reverse engineer, or create derivative works from the Services except where expressly permitted by law or a written agreement;
Use the Services to violate the rights of Serious Controls or any third party; or
Use data, alerts, or communications generated by the Services for an unlawful, misleading, or abusive purpose.

4. Service Data and Customer Responsibilities

Customers and authorized users are responsible for the accuracy, legality, and authorization of information, system connections, device configurations, contact details, and instructions they provide to Serious Controls.

Operational data, calculations, alerts, forecasts, recommendations, and status information may depend on third-party devices, communications networks, customer configurations, sensors, data sources, and other systems outside Serious Controls’ control. Customers remain responsible for independently evaluating operational decisions and maintaining appropriate safety, maintenance, backup, and emergency procedures.

5. Availability and Changes

We may maintain, update, modify, suspend, or discontinue all or part of the Services when reasonably necessary. Service availability may be affected by maintenance, network interruptions, third-party systems, equipment failures, force majeure events, or other circumstances outside our reasonable control.

Any service levels, support commitments, implementation obligations, or remedies are governed by the applicable written agreement, if any.

6. Intellectual Property

Serious Controls and its licensors retain all rights, title, and interest in the website, Services, software, documentation, designs, trademarks, content, and related intellectual property. Except for the limited right to use the Services as authorized, no rights are transferred to you under these Terms.

You retain ownership of information and data you are authorized to provide to the Services. You grant Serious Controls the rights reasonably necessary to host, process, transmit, analyze, and use that information to provide, secure, support, and improve the Services and fulfill our contractual obligations.

7. Third-Party Services

The Services may interact with third-party equipment, platforms, telecommunications networks, energy systems, data providers, or websites. Serious Controls does not control and is not responsible for the availability, accuracy, security, or performance of third-party services. Your use of a third-party service may be subject to separate terms and policies.

8. Communications

We may send service-related, administrative, security, operational, or account communications necessary to provide and support the Services. Marketing communications, if any, will be handled separately and according to applicable consent and opt-out requirements.

9. Serious Controls aDERMS SMS Alerts and Notifications

Program Description

The Serious Controls aDERMS SMS program sends non-marketing, automated operational alerts and account notifications to existing customers and authorized account users who have consented to receive them.

Messages may include information about system and device status, operational performance, data availability, site connectivity, scheduled events, and other relevant conditions associated with energy systems and sites connected to the recipient’s account.

Customers and authorized account users may enroll by providing verbal consent during a telephone or in-person conversation with a Serious Controls representative. Once the customer agrees, the mobile number is recorded and an enrollment confirmation SMS is sent.

By enrolling, you authorize Serious Controls to send automated operational SMS messages to the mobile number you provided. You represent that you are the subscriber or authorized user of that mobile number.

Message Frequency and Charges

Message frequency varies according to system activity, operational conditions, scheduled events, and account configuration. Standard message and data rates may apply according to your wireless carrier and service plan. Serious Controls does not impose a separate charge for enrolling in the SMS program.

Opt-Out

You may opt out at any time by replying STOP to a Serious Controls aDERMS message. After you reply STOP, you will receive an opt-out confirmation and no further SMS alerts will be sent unless you enroll again. Where supported, you may reply START to re-enable SMS messages.

Help

For assistance, reply HELP, email support@seriouscontrols.com, or call +1 (888) 444-1855.

Delivery and Availability

Wireless carriers and Serious Controls cannot guarantee that every message will be delivered without interruption or delay. Message delivery may be affected by carrier availability, network conditions, device settings, power or internet availability, third-party systems, or other circumstances outside our control. Participating wireless carriers are not responsible for delayed or undelivered messages.

The SMS program is not an emergency or life-safety notification service and must not be used as the sole method for detecting or responding to emergencies, safety incidents, equipment failures, or other time-sensitive conditions.

SMS Privacy

Mobile information, SMS opt-in data, and consent will not be sold or shared with third parties for promotional or marketing purposes. Additional information is available in our Privacy Policy.

10. Disclaimers

To the maximum extent permitted by applicable law, the website and Services are provided on an “as available” basis. Serious Controls does not warrant that the Services will be uninterrupted, error-free, or compatible with every device, system, network, or third-party service.

Nothing in the Services constitutes legal, financial, engineering, safety, or emergency advice. Customers and authorized users remain responsible for decisions and actions concerning their facilities, equipment, energy resources, personnel, and operations.

Any warranties expressly stated in an applicable signed agreement remain subject to that agreement.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Serious Controls will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, business opportunities, or goodwill arising from or related to the website or Services.

Any additional limitations, exclusions, or liability caps applicable to a customer relationship are governed by the applicable written agreement. Nothing in these Terms excludes liability that cannot legally be excluded.

12. Suspension and Termination

We may restrict, suspend, or terminate access to the Services when reasonably necessary to address a security risk, unlawful activity, material breach, nonpayment under an applicable agreement, harm to the Services or others, or a legal or regulatory requirement.

Upon termination, provisions that by their nature should survive will remain effective, including provisions concerning intellectual property, disclaimers, limitations of liability, and applicable payment obligations.

13. Privacy

Our collection and use of personal information is described in our Privacy Policy.

14. Changes to These Terms

We may update these Terms periodically to reflect changes to the Services, our practices, or applicable requirements. The revised Terms will be posted on this page with an updated “Last Updated” date. Continued use of the Services after updated Terms become effective constitutes acceptance where permitted by law.

15. Contact Us

For questions about these Terms or the Services, contact:

Serious Controls LLC
Email: support@seriouscontrols.com
Phone: +1 (888) 444-1855
Website: https://www.seriouscontrols.com/