Terms of Service

Last updated: [September 5, 2024]

Welcome to ThermWater, a service provided by Cunha Home Services. By accessing or using our website, you agree to be bound by these Terms of Service ("ToS"). Please read these terms carefully before using the website or services.

1. Acceptance of Terms

By using the ThermWater website, you accept these ToS and agree to be bound by them. If you do not agree with these terms, please do not use the website.

2. Services Provided

ThermWater provides users with a web-based interface to control pool heating and pump systems through a PCB controller included with the purchase of the system. ThermWater does not manufacture, own, or provide support for external devices such as pool heaters, pumps, actuators, or existing electrical wiring. Our system interacts with these devices through their own interfaces or via relays/contactors that control power to them.

3. User Accounts and Access

ThermWater requires users to sign in through their Google account to access the web-based system. By signing in with Google, you authorize us to access certain basic information from your Google account (e.g., name, email) as part of our service. You are responsible for maintaining the confidentiality of your account and any actions that occur under your account.

4. User Data and Privacy

ThermWater collects and retains only the data that is either: Provided to us by Google as part of the sign-in process, or Manually input by the user through the website. We do not share, sell, or disclose your data to third parties except as required by law. For more details on how we handle data, please refer to our Privacy Policy.

We are not liable for any indirect, incidental, or consequential damages arising from the use of our service.

5. Third-Party Devices

ThermWater controls external devices (pool heaters, pumps, etc.) through interfaces provided by those devices or through the use of relays/contactors. We do not take responsibility for the operation, installation, or maintenance of these third-party devices or any potential malfunctions they may cause. Users are responsible for ensuring that all external equipment is functioning properly and safely.

We recommend having your maintenance personnel or inspecting the issue yourself before calling for on-site support.

6. Limitations of Liability

ThermWater and Cunha Home Services are not liable for any damage, loss, or malfunction caused by third-party devices controlled through the ThermWater system. This includes, but is not limited to, pool heaters, pumps, actuators, and electrical systems not provided by ThermWater.

We also do not guarantee uninterrupted access to the website or services, and ThermWater will not be liable for any service interruptions or issues resulting from external factors such as internet outages, hardware failure, or third-party software.

7. Warranty

ThermWater provides a limited warranty for the hardware and software components of the system, which includes the PCB controller and web interface. This warranty applies to products purchased directly from ThermWater or authorized retailers.

7.1 Coverage

  • The PCB controller is covered under a 1 year (12 months) warranty from the date of purchase.
  • During the warranty period, ThermWater will repair or replace the PCB controller free of charge if it is found to be defective due to faulty materials or workmanship.
  • The web interface (software) is provided “as is,” with no warranty that it will be uninterrupted, error-free, or that any issues will be corrected promptly.

7.2 Exclusions

  • This warranty does not cover damage caused by improper use, accidents, misuse, tampering, modifications, or exposure to extreme conditions (e.g., water, heat, or electrical surges).
  • ThermWater is not responsible for damage or malfunctions caused by third-party devices (e.g., pool heaters, pumps, actuators) connected to the system.
  • This warranty does not cover installation costs or third-party services related to the setup or repair of external pool equipment.

7.3 Limitation of Liability

ThermWater’s liability is limited to the replacement of the defective PCB controller. Under no circumstances will ThermWater be liable for any consequential, incidental, or indirect damages, including but not limited to damage to third-party devices connected to the system.

8. Service Calls and On-Site Visits

ThermWater provides support for its system, including the PCB controller and web interface. However, we reserve the right to charge for on-site visits or service calls when the issue is unrelated to our system.

8.1 Customer Responsibility

Before requesting a service call or on-site visit, the customer is responsible for:

  • Verifying that the issue is related to the ThermWater system and not due to external factors such as a tripped breaker, malfunctioning pool pump, heater, or other third-party devices.
  • Consulting with their maintenance personnel to ensure the problem does not stem from external equipment or unrelated maintenance issues.

Failure to conduct this verification may result in a service fee if it is determined that the issue is outside the scope of our system.

8.2 Chargeable Visits

A service fee will be applied for on-site visits if the issue is found to be caused by:

  • A tripped breaker or other electrical issues unrelated to the ThermWater system.
  • A tripped breaker or other electrical issues that prevents the ThermWater system from working.
  • A malfunctioning pool pump, heater, or other third-party devices.
  • Tampering or misconfiguration of pool equipment affecting the system's functionality.
  • Problems related to internet connectivity, power outages, or gas supply interruptions for pool heaters.

8.3 Fee Disclosure

The service fee will be communicated to the customer after the visit if it is determined that the issue is not related to the ThermWater system. Customers may be billed for the cost of the visit and any additional services rendered.

9. Termination Policy

You may terminate your use of the ThermWater service within a one-week period from the start of the service, provided you have a reasonable cause for termination. Reasonable causes may include, but are not limited to, significant issues with the system that were not resolved through standard support channels.

To request termination, you must contact us within the one-week timeframe. Upon approval of your termination request, we will issue a full refund for the unused portion of your service. However, a termination fee of $150 will be deducted from the refund. This fee covers administrative costs, travel expenses, and other work-related costs associated with the termination.

The termination fee of $150 will be applied to the refund regardless of the reason for termination. Requests made after the one-week period will be subject to our standard refund policy and may not be eligible for a refund.

10. Refund Policy

ThermWater is committed to ensuring customer satisfaction with our services. The following outlines our standard refund policy:

  • Refund Eligibility:
    • Refunds are available for the ThermWater service if requested within one week (7 days) from the date of purchase, provided that the request is based on issues directly related to the performance of the ThermWater system.
  • Request Process:
    • To request a refund, you must contact us via support@thermwater.com with your purchase details and the reason for your refund request. All requests will be reviewed, and a decision will be communicated within 10 business days.
  • Non-Refundable Fees:
    • Fees associated with setup, installation, or other non-recurring costs are non-refundable. Additionally, a termination fee of $150 will be deducted from any approved refund if termination is requested within the one-week period.
  • Refund Issuance:
    • Approved refunds will be issued to the original payment method used at the time of purchase. Refunds may take 5-10 business days to process and appear on your account.
  • Post-One-Week Policy:
    • After the one-week period, you are not eligible for a refund under our standard policy. Requests for refunds made after this period will not be accepted unless otherwise required by local consumer protection laws.
  • No Refunds:
    • Refunds will not be issued for services rendered or issues that arise from misuse or improper configuration of the system by the user. Additionally, issues that fall outside the scope of our service or are related to third-party equipment are not eligible for refunds.

11. Modifications to Terms

ThermWater reserves the right to update or modify these ToS at any time. If we make changes, we will notify users via email or through an announcement on the website. Continued use of the website after such changes are made will constitute acceptance of the new ToS.

12. Governing Law

These ToS are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or relating to these ToS will be subject to the exclusive jurisdiction of the courts located in Orlando, Florida.

13. Contact Us

If you have any questions about these ToS, please contact us at support@thermwater.com.