Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, mobile applications, and related services (collectively, the “Services”) provided by Fox Haus LLC (“Fox Haus,” “we,” “us,” or “our”), a limited liability company organized under the laws of the State of New York. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or use the Services. The Services are not directed to and may not be used by children under 13. By using the Services, you represent that you meet these requirements, that you have the legal capacity to enter into these Terms, and that the information you provide is accurate.

Accounts

Our applications require you to create an account in order to use them. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information, to keep it current, and to notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

You may delete your account and associated data from within each application, under Settings, or by contacting us at developer@foxhaus.org.

License to Use the Services

Subject to these Terms, Fox Haus grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not transfer any ownership rights, and all rights not expressly granted are reserved by Fox Haus.

Acceptable Use

You agree not to:

• Violate any applicable law or regulation, or use the Services for any unlawful purpose;
• Copy, modify, distribute, sell, lease, sublicense, or create derivative works from any part of the Services, except as expressly permitted;
• Reverse engineer, decompile, disassemble, or attempt to extract source code, except where permitted by law;
• Use automated means to scrape, copy, harvest, or extract data from the Services;
• Access the Services to build or assist a competing product;
• Attempt to gain unauthorized access to the Services, other accounts, or related systems;
• Interfere with, disrupt, damage, disable, or impair the operation of the Services;
• Upload or transmit viruses, malware, or other harmful code;
• Use the Services to monitor, schedule, or control equipment in any life-safety, medical, emergency-response, industrial-control, or other critical application, or where the failure, delay, or unintended operation of the Services could result in death, personal injury, or catastrophic loss;
• Bypass, disable, defeat, or circumvent any safety limit, runtime cap, confirmation prompt, warning, or fail-safe provided in the Services, or any safety feature provided by a manufacturer of connected equipment; or
• Use the Services to grow, treat, cultivate, apply any substance to, or irrigate anything in violation of applicable law.

Subscriptions, Billing, and Cancellation

Certain Services or features are offered on a paid subscription basis. The billing, renewal, and cancellation terms that apply depend on where you purchase your subscription.

Purchases Through the Apple App Store

If you purchase a subscription through the Apple App Store:

• Payment is charged to your Apple Account at confirmation of purchase.
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within 24 hours prior to the end of the current period, at the then-current price.
• You can manage or cancel your subscription, and turn off auto-renewal, in your Apple Account settings after purchase. Deleting the app does not cancel your subscription.
• Refunds, where available, are handled by Apple in accordance with Apple’s policies; Fox Haus does not process App Store refunds directly.

Purchases Through the Google Play Store

If you purchase a subscription through the Google Play Store:

• Payment is charged to your Google Account at confirmation of purchase.
• Subscriptions automatically renew unless auto-renewal is turned off before the renewal date. Your Google Account is charged for renewal at the then-current price, as described by Google Play’s terms.
• You can manage or cancel your subscription, and turn off auto-renewal, in your Google Play account settings after purchase. Uninstalling the app does not cancel your subscription.
• Refund requests are generally handled under Google Play’s policies and processes. Fox Haus may also issue or assist with refunds where permitted through Google Play’s developer tools. Except where otherwise required by law or approved under applicable policies, cancellation ordinarily does not provide a refund for the current billing period, and access may continue through the end of that period.

Subscriptions Purchased Directly from Fox Haus

If you purchase a subscription directly from Fox Haus through our website or other direct payment channels (for example, through our third-party payment processor, Stripe):

• You authorize Fox Haus and its payment processors to charge your selected payment method for all applicable fees, taxes, and recurring subscription charges.
• Subscriptions may automatically renew unless canceled before the renewal date.
• You are responsible for maintaining valid and current payment information.
• Failure to successfully process payment may result in suspension or termination of access to paid features.
• Unless otherwise required by law or expressly stated at the time of purchase, subscription fees are non-refundable.
• You may cancel a subscription purchased directly from Fox Haus at any time through the account or subscription-management settings provided in the applicable Service. Where required by law, cancellation will be available through a method at least as easy as the method used to subscribe. You may also contact us at developer@foxhaus.org for assistance. Cancellation takes effect at the end of the current paid billing period unless otherwise stated or required by law.
• Prices may exclude applicable sales, use, value-added, or similar taxes. Where required, taxes will be calculated and collected at checkout. You must notify us promptly of suspected billing errors. Nothing in these Terms limits any rights you may have under applicable payment-card or consumer-protection laws.

Free Trials and Promotional Offers

We may offer free trials, introductory pricing, discounts, promotional access, or other offers. Eligibility, duration, pricing, conversion, and cancellation terms will be disclosed at enrollment. Unless otherwise disclosed, a trial or promotional subscription may automatically convert to a paid subscription at the stated price unless canceled before the trial or promotional period ends. Promotional offers may be limited to eligible users and may not be combined.

General Subscription Terms

We may change subscription prices, plans, or features. Where required, we will provide notice, and price changes will not take effect until the next billing period. If you purchase a subscription through any other platform or app store, that platform’s billing, cancellation, and refund terms will apply. Your purchase may also be subject to the terms and policies of the platform or payment processor through which it is made.

How the Services Function: Three Levels

The Services operate at up to three levels of functionality. Which levels are available depends on the application, the features you enable, and the equipment you choose to connect. Risk increases substantially at each level.

Level 1 — Advisory. The Services analyze information you provide or that we obtain from third-party sources and return recommendations, analyses, estimates, schedules, diagnoses, or other outputs. You decide whether and how to act on them. Level 1 is governed principally by “Informational Use Only; No Professional Advice.”

Level 2 — Monitoring and Alerts. The Services receive readings and status information from sensors and connected equipment, display them, and may generate alerts or notifications.

Level 3 — Physical Automation. The Services transmit commands to, schedule actions for, or otherwise interact with equipment capable of changing physical conditions — for example, opening a valve, running a pump, dispensing nutrient, or energizing a heater.

Levels 2 and 3 are optional features that you choose to enable, connect, and configure, and are additionally governed by “Connected Devices, Sensors, and Automation” below. At Level 3, the Services can cause physical equipment to operate without further action by you, and failures can result in property damage, crop loss, and injury. You remain responsible for supervising your equipment and maintaining independent safeguards at every level.

Informational Use Only; No Professional Advice

This section applies to all information, analysis, recommendations, estimates, schedules, and other outputs of the Services, at every level of functionality. Connected devices, monitoring, alerts, and automation are additionally governed by “Connected Devices, Sensors, and Automation.”

The Services — including any analysis, recommendation, forecast, estimate, projection, simulation, valuation, return calculation, score, schedule, setting, or other output, whether generated by artificial intelligence or otherwise — are provided for informational and productivity purposes only. They are not professional advice and must not be relied upon as a substitute for it.

Without limiting the foregoing, you acknowledge and agree that:

• Fox Haus is not a financial adviser, investment adviser, broker, real-estate broker or agent, appraiser, mortgage adviser, accountant, tax adviser, attorney, engineer, contractor, electrician, plumber, irrigation professional, home inspector, energy auditor, arborist, agronomist, horticulturist, or other licensed professional, and the Services do not constitute financial, investment, real-estate, appraisal, lending, tax, accounting, legal, engineering, construction, electrical, plumbing, irrigation, home-inspection, energy-auditing, landscaping, horticultural, agricultural, energy, or other professional advice.
• No fiduciary, advisory, or professional relationship is created by your use of the Services.
• Outputs such as investment returns, property valuations, cost or savings estimates, energy projections, watering and feeding schedules, environmental setpoints, and growth or yield predictions are estimates based on assumptions, sensor readings, and third-party data, are not guaranteed, and may be inaccurate, incomplete, outdated, biased, or unsuitable for your circumstances.
• You are solely responsible for the decisions you make and for independently verifying any information and obtaining advice from qualified professionals before acting.

You assume all risk arising from your use of the Services and any reliance on their outputs.

Outcome Information and Effectiveness Statistics

Certain Services present aggregate statistics, benchmarks, success rates, effectiveness percentages, or similar information describing outcomes observed across many users (“Outcome Information”) — for example, how frequently a product, treatment, or technique has been associated with a successful result in similar conditions.

You acknowledge and agree that Outcome Information:

• is observational and aggregate, derived from information reported through the Services, and is not a controlled scientific study;
• describes associations only and is not a statement that any product, treatment, or technique caused a particular result;
• is not a guarantee, promise, or prediction of your individual results, which depend on many factors including diagnosis accuracy, environmental conditions, product selection and use, timing, and adherence; and
• may change over time as more information is collected.

Outcome Information is provided for informational purposes only and is subject to the disclaimers in “Informational Use Only; No Professional Advice.”

Connected Devices, Sensors, and Automation

This section governs Level 2 and Level 3 functionality and applies in addition to, and does not limit, the other provisions of these Terms.

Scope and Definitions

Certain Services — principally GrowFox, and YardFox to the extent it offers such features — may connect to, receive information from, recommend settings for, schedule, or transmit commands to physical equipment. In these Terms:

“Connected Device” means any third-party sensor, probe, meter, controller, gateway, hub, bridge, relay, smart plug, valve, pump, irrigation controller, sprinkler or drip system, reservoir or water-level control, hydroponic circulation or aeration equipment, nutrient, fertilizer, or pH dosing equipment, greenhouse vent or louver actuator, fan, heater, cooler or chiller, humidifier, dehumidifier, CO2 equipment, grow light, camera, weather station, battery, power supply, or other electrical, mechanical, plumbing, or environmental equipment that the Services monitor, communicate with, recommend settings for, or control. This definition is intentionally broad in order to allocate risk across the categories of equipment users may connect. It is a description of scope, not a statement that any particular device, protocol, system type, or integration is supported by any Fox Haus application. Supported devices and integrations are those identified as such within the applicable Service at the time of use.

“Automation” means any schedule, threshold, rule, trigger, routine, remote command, or other configuration that causes or is intended to cause a Connected Device to operate, change state, or cease operating, whether or not you are present and whether or not you take any further action at the time.

Connecting a Connected Device, enabling monitoring or remote control, or configuring Automation is optional. You choose to enable it, you configure it, and you may disable it at any time.

Third-Party Hardware — Not Manufactured by Fox Haus

Fox Haus LLC, GrowFox, and YardFox do not manufacture, produce, assemble, sell, install, service, maintain, calibrate, certify, test, inspect, warrant, or insure Connected Devices. Fox Haus is a software provider. Connected Devices are designed, manufactured, sold, and supported by third parties who are not affiliated with, controlled by, or acting on behalf of Fox Haus.

Fox Haus does not control and does not guarantee the design, engineering, manufacture, materials, workmanship, installation, safety, quality, accuracy, calibration, precision, reliability, durability, service life, firmware, security, connectivity, compatibility, availability, or performance of any Connected Device or of any system it forms part of.

Connected Devices and any system they control are used entirely at your own risk.

Connecting a Connected Device to the Services, allowing the Services to monitor, receive data from, schedule, or control a Connected Device, listing or labeling a product as “compatible,” “supported,” “recommended,” “verified,” or any similar designation, integrating with a manufacturer’s platform or API, or accepting compensation in connection with a product does not make Fox Haus the manufacturer, producer, seller, distributor, importer, installer, servicer, maintainer, warrantor, certifier, or insurer of that product, and does not create any warranty, representation, or guarantee by Fox Haus regarding it.

The manufacturer, seller, or installer of a Connected Device may provide separate warranties, rights, and remedies with respect to that device, which are governed by their own terms and by applicable law. Your use of a Connected Device with the Services is also governed by that third party’s own terms of service, license, warranty, and privacy policy, which you are responsible for reviewing.

Compatibility Designations, Recommendations, and Affiliate Relationships

The Services may recommend, rank, list, describe, link to, or display Connected Devices, treatment products, and other goods and services, may present them in a commerce catalog or shopping feature, may identify products as compatible with a Service, and may earn affiliate commissions, referral fees, or other compensation when you purchase through them, at no additional cost to you. Where we use affiliate links, we disclose this in context.

A recommendation, ranking, listing, compatibility designation, integration, affiliate relationship, referral relationship, or other commercial relationship is not a warranty, certification, endorsement of safety, guarantee, or representation by Fox Haus regarding any product’s safety, reliability, accuracy, quality, durability, legality, fitness, or suitability for your purpose, property, crop, system, or jurisdiction.

Fox Haus may receive compensation in connection with certain recommendations, listings, or purchases. The existence of such compensation is not a warranty, endorsement, certification, or guarantee regarding any recommended product.

You are solely responsible for independently evaluating whether a product is appropriate for your intended use, and for reading and following all manufacturer instructions, manuals, labels, warnings, safety data sheets, installation requirements, electrical and plumbing requirements, maintenance requirements, operating limits, environmental ratings, and safety precautions. Manufacturer instructions and product labels control in the event of any conflict with the Services.

Purchases you make from third-party retailers or manufacturers are transactions between you and that party and are governed by their terms and policies. Fox Haus does not sell these products, is not responsible for them, and does not guarantee any product, its availability, its price, or the results of its use.

Sensors and Data May Be Inaccurate

Sensors and Connected Devices may provide readings that are inaccurate, imprecise, incomplete, delayed, stale, intermittent, out of range, implausible, or entirely incorrect, and may report no data at all. Fox Haus does not and cannot guarantee the accuracy, precision, calibration, timeliness, completeness, or availability of any reading or data point.

This applies without limitation to readings of soil moisture, soil temperature, air temperature, humidity, vapor pressure, pH, electrical conductivity (EC), total dissolved solids, nutrient concentration, dissolved oxygen, water level, reservoir volume, rainfall, weather and forecast information, frost and freeze conditions, light and photosynthetic photon flux, flow, pressure, valve and pump state, power state, runtime, battery level, and other environmental, horticultural, or equipment data.

Accuracy may be affected by sensor placement, depth, orientation, and spacing; installation error; calibration state, calibration drift, and calibration frequency; contamination, fouling, biofilm, mineral scale, or debris; probe age, wear, and degradation; battery condition and voltage; temperature, moisture, sunlight, and other environmental conditions; electrical interference; hardware defects and manufacturing variation; firmware defects; connectivity problems; data-transmission errors; software errors; and other factors, many of which are outside our knowledge and control.

Automation that acts on a faulty reading may compound a problem rather than correct it — for example, by continuing to water in response to a stuck moisture reading, or by dosing repeatedly in response to a drifting pH probe.

Connectivity and Communications May Fail

The Services and Connected Devices depend on technologies and services that may be unavailable, degraded, delayed, or unreliable, including Wi-Fi, Bluetooth, Thread, Zigbee, Z-Wave, LoRa and other radio protocols; cellular networks; internet service; local networks, routers, and firewalls; batteries; electrical power and power interruptions; gateways, hubs, and bridges; manufacturer cloud platforms; third-party APIs and integrations; Fox Haus infrastructure and cloud services; push-notification services operated by Apple, Google, and others; mobile operating systems and their power-management, background-activity, and notification settings; device firmware; and other software, hardware, and communications systems.

Commands, readings, alerts, notifications, and configuration changes may be delayed, lost, dropped, duplicated, corrupted, transmitted incorrectly, executed out of order, executed after an interruption has ended, or never delivered or executed at all.

Fox Haus does not warrant that any command, schedule, reading, alert, or notification will be transmitted, received, executed, executed on time, executed once and only once, or executed as intended.

Automation and Equipment May Fail

Physical equipment and Automation can fail, and you must design, configure, and supervise your system with the possibility of failure in mind. Without limitation, a Connected Device or Automation may:

• fail to activate or start;
• fail to deactivate, stop, or shut off;
• activate unexpectedly, at the wrong time, or without a command;
• remain activated longer than scheduled or intended;
• stop prematurely or mid-cycle;
• execute the wrong command, or execute a command intended for different equipment;
• execute a delayed, stale, duplicated, or out-of-order command;
• operate on inaccurate, missing, or outdated sensor or weather information;
• revert to a default, prior, or unknown state after a power loss, network interruption, firmware update, or reset;
• lose connectivity, become unresponsive, or drop out of the system; or
• otherwise malfunction, behave unpredictably, or operate in a manner inconsistent with your configuration.

Fox Haus does not warrant that any Automation will execute, execute correctly, execute on time, or stop when expected. You must not configure any Automation whose failure to run — or whose unintended or prolonged operation — would cause injury, property damage, or a loss you are unwilling to bear.

Watering, Irrigation, and Flooding

Automated, scheduled, or remotely triggered watering, irrigation, misting, fogging, recirculation, filling, and drainage carry inherent risk in both directions of failure.

If a valve, pump, controller, or Automation fails to open, start, or run — or runs for too short a time, or is prevented from running by a connectivity, power, scheduling, sensor, or software failure — the result may include underwatering, drought stress, wilting, dehydration, transplant shock, soil or substrate desiccation, root damage, reduced yield, landscape and lawn damage, damage to trees and shrubs, plant death, and total crop loss.

If a valve, pump, controller, or Automation fails to close, stop, or shut off — or runs longer than intended, activates unexpectedly, or repeats a cycle — the result may include continuous water flow, overwatering, saturation, root rot, water waste and excessive water cost, leaks, burst lines and fittings, reservoir and tank overflow, flooding, standing water, erosion, sinkholes, soil and slope failure, mold and microbial growth, damage to flooring, finishes, contents, drywall, insulation, and electrical systems, foundation and structural damage, damage to neighboring or third-party property, and, in freezing conditions, ice formation and freeze damage to pipes, equipment, walkways, driveways, and roadways.

GrowFox and YardFox are not flood-prevention, leak-detection, water-shutoff, or property-protection systems, and must not be relied upon as such.

You are responsible for:

• ensuring that plumbing, irrigation lines, tubing, fittings, emitters, reservoirs, tanks, pumps, and drainage are properly selected, sized, rated, installed, secured, and maintained for unattended operation, and that indoor and greenhouse installations have adequate containment, catchment, waterproofing, overflow provision, and drainage;
• installing and maintaining any backflow prevention device, air gap, check valve, or other cross-connection control required by law, code, or your water supplier — particularly where fertilizer, nutrient solution, pH adjuster, pesticide, or any other substance may be injected into, or come into contact with, a potable water supply;
• installing and maintaining independent physical safeguards appropriate to your installation, including as applicable manual shutoff valves, master valves, flow and pressure limits, mechanical timers, leak detection with automatic shutoff, overflow and float protection, and drain pans;
• complying with all applicable water restrictions, drought and conservation ordinances, watering-day rules, runoff and stormwater requirements, well and groundwater regulations, discharge and wastewater rules, and homeowners-association rules;
• locating underground utilities and obtaining required permits before any digging, trenching, boring, or excavation;
• preventing irrigation, overspray, runoff, and discharge onto walkways, driveways, roadways, neighboring property, storm drains, waterways, and wells;
• winterizing, blowing out, draining, and disabling systems ahead of freezing conditions; and
• configuring durations, volumes, frequencies, and zone assignments within the safe limits of your equipment, structure, soil, and property.

Fox Haus does not guarantee that any watering or irrigation schedule, volume, duration, frequency, or Automation is appropriate for your plants, soil, substrate, equipment, structure, property, climate, water source, or legal jurisdiction.

Hydroponics, Aquaponics, and Automated Nutrient Dosing

Hydroponic and other recirculating or soilless systems — and, where the applicable Service supports them, aeroponic and aquaponic systems — concentrate risk. They combine water, electricity, concentrated chemicals, and continuous unattended operation in a system with little buffer, and small failures escalate quickly. A pump failure, clogged emitter or line, power interruption, reservoir depletion, network outage, sensor drift, or incorrect Automation can cause total crop loss within hours.

Sensors, calculations, controllers, dosing pumps, metering equipment, reservoirs, circulation systems, aeration systems, chillers, water-level controls, pH controls, and nutrient controls may fail or operate incorrectly. Dosing equipment may dispense too much, too little, the wrong substance, the wrong ratio, in the wrong sequence, at the wrong time, or repeatedly.

Potential consequences include nutrient toxicity and nutrient burn; nutrient lockout and deficiency; incorrect pH; incorrect EC or total dissolved solids; root damage, root rot, and pathogen proliferation; loss of aeration and dissolved oxygen; algal and microbial growth; temperature excursion; reservoir overflow, leaks, and flooding; pump and equipment damage; damage to property from water or chemical release; reduced yield; plant death; and complete crop loss.

Depending on the product, concentrated nutrients, fertilizers, pH adjusters, sanitizers, pesticides, and other treatment products may be corrosive, toxic, reactive, combustible, oxidizing, or otherwise hazardous, and combining incompatible concentrates can produce a violent reaction or release hazardous gas. You are responsible for verifying every dosing configuration before enabling it and at each change; for following the product label, safety data sheet, manufacturer instructions, and applicable law, which control in the event of any conflict with the Services; for never allowing incompatible concentrates to be combined or dosed into a common line or reservoir without adequate dilution and mixing; for calibrating and maintaining dosing equipment, metering pumps, and pH, EC, and other probes on the schedule the manufacturer specifies; for using appropriate personal protective equipment; and for storing all products safely, labeled, and out of reach of children and animals.

Consumption and food safety. Nothing in the Services is a food-safety assurance. Fox Haus does not guarantee that any plant, produce, mushroom, herb, or other item grown, watered, treated, or dosed with the assistance of the Services is safe to consume. You are responsible for water quality and sanitation, for pre-harvest intervals and label restrictions applicable to edible crops, for managing microbial risk in recirculating water, standing water, and systems that aerosolize water through misting or fogging, and for compliance with any applicable food-safety law. Do not consume any plant, mushroom, fruit, vegetable, or other substance solely on the basis of identification, safety, treatment, or dosing information provided through the Services.

Greenhouse and Indoor-Growing Automation

Environmental conditions in greenhouses, grow tents, grow rooms, and other enclosed or semi-enclosed growing environments can change rapidly, and equipment or Automation failure can cause partial or complete crop loss in a short period, sometimes in less than an hour.

Without limitation, the following may occur: a heater fails during freezing weather; a heater fails to shut off and overheats the space; ventilation fails; vents or louvers fail to open, or fail to close before a storm or a cold night; exhaust or circulation fans fail; cooling equipment, chillers, or evaporative coolers fail; shade or curtain systems fail; temperatures rise or fall beyond safe limits; humidity rises or falls beyond safe limits, causing condensation, disease pressure, or desiccation; ventilation is inadequate; CO2 equipment operates incorrectly; grow lights or their controllers, drivers, ballasts, or timers malfunction, remain on, or fail to turn on; irrigation fails; and environmental sensors report inaccurate readings that cause Automation to act incorrectly.

Additional hazards in enclosed spaces. Fuel-burning heaters and CO2 generators can produce carbon monoxide and other combustion byproducts, and CO2 enrichment can displace oxygen. These conditions can cause serious injury or death and are not detectable by the Services. Where such equipment is used, you must maintain independent ventilation and independently monitored carbon monoxide and, where appropriate, CO2 detection that does not depend on the Services.

All greenhouse and indoor-growing equipment must be installed in accordance with the manufacturer’s instructions and applicable electrical, building, fire, mechanical, and gas codes, by a qualified professional where required, and must have its own independent thermal protection, over-temperature cutoff, tip-over protection, and overcurrent protection that does not depend on the Services. Do not use the Services as the sole control for, or the sole limit on, any heating, combustion, CO2, or high-current device.

Fox Haus does not guarantee that any temperature, humidity, CO2, ventilation, or lighting setpoint, schedule, or Automation is safe or appropriate for your structure, equipment, crop, or climate.

Fire, Electrical, and Property-Damage Risk

Connected Devices involve electricity, heat, water, moving parts, and stored energy, including heaters, pumps, motors, fans, compressors, lights, drivers and ballasts, batteries and battery chargers, relays, contactors, smart plugs, power supplies, transformers, and controllers.

Malfunction, defect, improper selection, improper installation, wiring error, loose or corroded connection, overloaded circuit or outlet, use of unrated extension cords or adapters, water intrusion into electrical equipment, electrical failure, overheating, continuous or prolonged operation, short circuit, arcing, battery failure or thermal runaway, or other equipment problems can result in fire, smoke damage, electrical shock, electrocution, electrical damage, water damage, flooding, mold, equipment damage, structural damage, other property damage, economic loss, personal injury, and death.

Water and electricity in the same space compound this risk. Ground-fault circuit interrupter (GFCI) protection, appropriate ingress ratings, drip loops, secured cord routing, and circuit capacity are your responsibility, as is professional installation where required by code or by the manufacturer.

Fox Haus does not manufacture, install, service, or inspect this equipment and, to the fullest extent permitted by applicable law, is not responsible for loss, damage, or injury caused by third-party equipment failure, defect, improper installation, improper configuration, or improper maintenance.

Software, Algorithms, and Artificial Intelligence May Err

Failures may originate not only in third-party hardware but in the Services themselves. Fox Haus software, algorithms, models, artificial-intelligence and machine-learning systems, calculations, data interpretation, weather and data integrations, communications, scheduling logic, and Automation logic may contain errors, defects, bugs, incorrect assumptions, faulty inferences, or unexpected behavior, and may produce recommendations, predictions, schedules, setpoints, diagnoses, alerts, or Automation decisions that are wrong, unsafe, or unsuitable for your circumstances.

The allocation of risk in these Terms applies regardless of the source or combination of sources of any failure. The protections, disclaimers, and limitations in these Terms do not depend on determining whether a loss was caused by third-party hardware, sensors, connectivity, networks, power, third-party platforms or APIs, Fox Haus software, artificial intelligence, Automation logic, your configuration, environmental conditions, a third party, or any combination of these, and apply to all of them to the fullest extent permitted by applicable law.

Alerts and Notifications Are Not Guaranteed

The Services may offer alerts and notifications relating to watering and irrigation, freezing and frost, overheating, humidity, equipment status and faults, sensor readings, water level, nutrient and pH conditions, weather, plant health, pests and disease, and other conditions.

Alerts and notifications are convenience features only, provided on a best-effort basis. Fox Haus does not provide continuous human monitoring for emergency detection or emergency response.

Fox Haus does not guarantee that: a condition will be detected; a condition will be detected in time; an alert will be generated; an alert will be accurate or free of false positives or false negatives; an alert will be generated promptly or at any particular time; a notification will be transmitted; a notification will be delivered; your device will receive, display, sound, or retain the notification; you will see or receive it; or you will receive it in sufficient time to prevent or mitigate damage.

Notification delivery depends on push-notification services, mobile operating systems, network conditions, device settings, battery-saver and focus modes, and other factors outside our control.

Not a Safety or Emergency System

GrowFox and YardFox are not life-safety, fire-detection, fire-prevention, smoke-detection, carbon-monoxide-detection, gas-detection, flood-prevention, leak-detection, water-shutoff, freeze-protection, security, intrusion-detection, safety-certified environmental-monitoring, emergency-monitoring, alarm, or fail-safe systems, are not certified or listed for any such purpose, and are not continuously monitored by personnel for emergency detection or response.

You must not rely on the Services as the sole or primary means of detecting or preventing fire, smoke, carbon monoxide, gas, flooding, leaks, water damage, freezing, overheating, power failure, equipment failure, intrusion, plant death, crop loss, equipment damage, property damage, personal injury, or any other serious harm. Use independently rated, listed, and where appropriate professionally monitored equipment for those purposes.

Supervision, Inspection, and Independent Safeguards

The Services are gardening and landscaping assistance products. They are not fail-safe control systems, and Automation is not a substitute for human supervision.

You remain responsible for periodically and personally inspecting your plants, crops, lawns, landscapes, trees and shrubs, greenhouses, grow rooms and tents, indoor gardens, hydroponic and recirculating systems, reservoirs and tanks, irrigation equipment, lines and emitters, valves, pumps, heaters, coolers, fans and vents, lighting, electrical equipment and connections, sensors and probes, and other Connected Devices, at a frequency appropriate to the value and risk of the system and the consequences of failure.

You are responsible for maintaining independent safeguards and manual controls that do not depend on the Services. Depending on your installation, these may include physical and manual water shutoffs; master valves; leak detectors with automatic shutoff; overflow, float, and high-water protection; drain pans and catchment; flow and pressure limits; mechanical timers; thermostatic and over-temperature limits; equipment-native safety controls and setpoints; GFCI and circuit protection; smoke, carbon-monoxide, and CO2 alarms; backup power or generators; independent monitoring; emergency shutoffs; and manual operating modes.

You must never disable, bypass, override, or remove a manufacturer-provided safety feature, limit, thermostat, cutoff, or protective device in reliance on the Services.

Installation, Permits, and Legal Compliance

You are responsible for confirming that you have the right to install and operate Connected Devices at the property; for obtaining any required consent of a property owner, landlord, or association; for compliance with any lease, mortgage, insurance policy, or homeowners-association rule; and for obtaining all required permits, inspections, and professional installation. Use of a Connected Device with the Services may void a manufacturer’s warranty or affect insurance coverage, and it is your responsibility to confirm this before use.

Remote Access and Authorized Users

You are responsible for securing your account and for all commands, schedules, and configuration changes issued through it, including by any person to whom you grant access. If you allow another person — a family member, tenant, guest, employee, gardener, landscaper, grower, or property manager — to view your data or control your Connected Devices through the Services, you are responsible for their actions and for revoking access when appropriate. Fox Haus is not responsible for actions taken through your account, whether by you, by a person you authorized, or by a person who obtains access to your credentials.

Automation Acknowledgment

Where the Services offer Level 3 physical Automation, we may require you to affirmatively acknowledge the risks described in this section before enabling Automation for the first time, and again after material changes. Any such in-app acknowledgment supplements and does not replace, limit, or supersede these Terms, and these Terms apply in full whether or not an acknowledgment is presented or completed.

Application to GrowFox and YardFox

GrowFox. This section applies in full to GrowFox, to the extent GrowFox offers the relevant functionality, including outdoor gardens, raised beds and containers, indoor gardens, grow tents and grow rooms, greenhouses, and hydroponic and other soilless systems, and to sensors, irrigation and automatic watering, nutrient and fertilizer dosing, pH and EC control, circulation and aeration, reservoirs and water-level control, greenhouse and indoor environmental controls, heaters, coolers, fans, vents, humidifiers and dehumidifiers, grow lights, relays and smart plugs, and other Connected Devices and Automation offered by GrowFox now or in the future.

YardFox. This section applies to YardFox to the extent YardFox offers the relevant functionality, including lawns, landscapes, gardens, trees and shrubs, soil and weather sensors, irrigation controllers, sprinkler and drip systems, water valves, pumps, and any Connected Device or Automation YardFox supports now or in the future. Provisions specific to hydroponics, indoor growing, or greenhouse environmental control apply to YardFox only if and to the extent YardFox offers that functionality.

Provisions of this section apply to any Fox Haus application that offers the relevant functionality, whether or not it is named above, including future applications and services.

Treatment Products, Chemicals, and Human and Animal Safety

This section applies whenever the Services identify, describe, recommend, link to, schedule, calculate a dose for, or otherwise involve a treatment product, at any level of functionality and whether or not any Connected Device is used.

“Treatment Product” means any pesticide, insecticide, herbicide, fungicide, miticide, rodenticide, fertilizer, nutrient or nutrient concentrate, soil amendment, pH adjuster, sanitizer or disinfectant, surfactant, biological or microbial control, growth regulator, or similar substance.

We Do Not Manufacture, Sell, Register, Test, or Certify Treatment Products

Fox Haus does not manufacture, formulate, package, label, distribute, sell, apply, test, register, approve, or certify any Treatment Product. Treatment Products are produced and sold by third parties and are subject to those parties’ own labels, instructions, warnings, and terms.

Fox Haus does not verify, and does not represent, that any Treatment Product identified or recommended through the Services is registered, approved, permitted, or lawful for sale or use in your state, county, municipality, or other jurisdiction, for your site, for your crop, at your intended rate, or for your intended method of application. Registration, approval, restriction, and prohibition of Treatment Products vary by jurisdiction and change over time, and a product that is lawfully sold in one place may be restricted, banned, or require a certified applicator in another. You are solely responsible for confirming that a Treatment Product is currently registered and lawful for your intended use in your jurisdiction before purchasing or using it.

The Label Controls

Treatment Products must be used only in strict accordance with the product label, the manufacturer’s instructions, the safety data sheet, and applicable law. The label controls in the event of any conflict with the Services, and applicable law may make use inconsistent with the label unlawful.

Any quantity, rate, dilution, concentration, frequency, timing, method, or schedule suggested or calculated by the Services is informational only, is an estimate, may be incorrect, and does not authorize or approve use inconsistent with the label. Never use a Treatment Product at a rate, on a site or crop, by a method, at a frequency, or for a purpose not permitted by its label, regardless of anything the Services display.

You are responsible for holding any license, certification, permit, or registration required for the products you purchase or apply, including any required for restricted-use products or for commercial application.

Risks to People and Animals

Treatment Products can cause serious injury, illness, permanent harm, or death through ingestion, inhalation, skin or eye contact, or other exposure, and can harm people, children, pets, livestock, fish and aquatic life, wildlife, pollinators, and neighboring persons and property. Risk may be increased by incorrect dilution, incorrect application, application in wind or heat, application indoors or in enclosed or poorly ventilated spaces, mixing of incompatible products, reuse of containers, improper storage, and improper disposal.

You are solely responsible for:

• reading and following all label directions, precautionary statements, first-aid statements, personal protective equipment requirements, ventilation requirements, and use restrictions before each use;
• keeping people, children, pets, and livestock away during application and for any re-entry interval the label specifies, and observing any pre-harvest interval before harvesting or consuming a treated crop;
• preventing drift, overspray, runoff, leaching, and discharge onto people, animals, edible crops, neighboring property, storm drains, waterways, and wells;
• safe storage in original labeled containers, secured and out of reach of children and animals, and away from food, feed, and incompatible products;
• never combining products except as the labels expressly permit; and
• lawful disposal of unused product, rinsate, and containers.

Do not consume, handle, or expose any person or animal to a treated plant, crop, surface, or water source on the basis of information provided through the Services.

No Medical or Veterinary Advice; Emergencies

The Services do not provide medical, toxicological, or veterinary advice and are not a source of emergency information. If exposure, poisoning, illness, or injury is suspected, stop use immediately, follow the first-aid statement on the product label, and seek emergency medical or veterinary care without delay. In the United States, Poison Control can be reached at 1-800-222-1222. Do not consult, wait for, or rely on the Services in an emergency.

Allocation of Responsibility

To the fullest extent permitted by applicable law, Fox Haus is not responsible for any injury, illness, death, damage, contamination, regulatory violation, penalty, or other loss arising from the selection, purchase, storage, handling, mixing, dilution, application, misuse, overuse, off-label use, unlawful use, or disposal of any Treatment Product, whether by you, by a person you authorize, or by any other person, and whether or not the product was identified, recommended, scheduled, or dosed through the Services. The disclaimers, assumption of risk, limitation of liability, and indemnification provisions of these Terms apply in full to Treatment Products.

Where a Treatment Product is applied through irrigation, injected, or dispensed by automated dosing equipment, “Watering, Irrigation, and Flooding” and “Hydroponics, Aquaponics, and Automated Nutrient Dosing” also apply.

App-Specific Disclaimers

The following provisions clarify how the disclaimers above apply to particular applications. Each provision applies to the application it names and to any other Service, present or future, to the extent that Service provides substantially similar functionality. Where an application offers connected-device or Automation functionality, “Connected Devices, Sensors, and Automation” also applies.

FlipFox. Property values, comparable-sales analyses, repair and renovation estimates, room and remodel concepts generated by artificial intelligence, estimated home-value increases resulting from remodeling, renovation, or repairs, construction-materials and repair-cost estimates, after-repair-value estimates, rental projections, investment analyses, profit and ROI calculations, market forecasts, and related recommendations are estimates only. Actual construction and material costs, changes in home value, and financial results may differ materially from any estimate. Fox Haus does not guarantee investment performance, profitability, property appreciation, rental income, repair or material costs, home-value increases, or any financial outcome. Comparable sales and property data may not satisfy professional appraisal standards, lender requirements, brokerage requirements, or legal disclosure obligations.

HomeFox. Maintenance and repair guidance, renovation or remodel concepts generated by artificial intelligence, estimated home-value increases resulting from repairs or improvements, construction-materials and repair-cost estimates, value estimates, and home-improvement projections are estimates and are informational only. Actual construction and material costs and any change in home value may differ materially from any estimate. Fox Haus does not guarantee construction or repair outcomes, repair or material costs, property values, or any increase in home value.

Construction, permits, and hazardous materials (FlipFox and HomeFox). Artificial-intelligence images and renovation concepts are conceptual visualizations and are not architectural, engineering, construction, code-compliance, or permit-ready plans. Before performing demolition, construction, electrical, plumbing, structural, roofing, excavation, or similar work, obtain appropriate inspections, permits, utility markings, and advice from qualified professionals. The Services may not identify hidden defects or hazardous materials such as asbestos, lead, mold, radon, or contaminated soil.

EnergyFox. Energy analyses, utility forecasts, efficiency recommendations, and projected savings or consumption estimates are estimates only. Actual energy usage and savings may differ materially from any projection. Do not perform electrical, gas, HVAC, solar, battery, generator, or utility-system work based solely on the Services. Installation, repair, interconnection, permitting, and incentive eligibility should be confirmed with qualified professionals, utilities, manufacturers, and governmental authorities.

GrowFox. Plant identification, disease and pest identification, treatment, fertilization, watering, feeding, and environmental guidance, recommended schedules and setpoints, and yield or harvest predictions are informational only and are not a substitute for professional horticultural or agricultural advice. Fox Haus does not guarantee plant health, disease resolution, harvest quantity, or any gardening or growing result. Do not consume any plant, mushroom, fruit, vegetable, or other substance solely on the basis of identification or safety information provided through the Services. Where GrowFox monitors, recommends settings for, or controls sensors, irrigation, dosing, greenhouse, indoor-growing, or other equipment, “Connected Devices, Sensors, and Automation” applies in full.

YardFox. Landscape analyses, lawn and irrigation guidance, treatment suggestions, pest and disease identification, and property-enhancement recommendations are informational only. Fox Haus does not guarantee landscape outcomes, lawn or plant performance, property enhancement, or any increase in property value. Before digging, trenching, planting, installing irrigation, or performing similar work, you are responsible for locating underground utilities and obtaining required permits or professional assistance. Where YardFox monitors, recommends settings for, or controls sensors, irrigation controllers, valves, pumps, or other equipment, “Connected Devices, Sensors, and Automation” applies in full.

Treatment products (GrowFox and YardFox). Where the Services identify, describe, recommend, link to, schedule, or calculate a dose for any pesticide, herbicide, fungicide, fertilizer, nutrient, pH adjuster, sanitizer, biological control, or other treatment product, “Treatment Products, Chemicals, and Human and Animal Safety” applies in full.

Third-Party Data, Services, and Platforms

The Services rely on data, services, and platforms provided by third parties, including market data, property data, weather, climate, and forecast data, utility and energy data, mapping data, artificial-intelligence providers, connected-device manufacturers, device cloud platforms, and integration and connectivity providers. We do not control and are not responsible for the accuracy, completeness, timeliness, security, or availability of third-party data, services, or platforms, and we disclaim liability for any errors, delays, interruptions, or failures in them. Your use of any third-party service, device, or platform may be governed by that third party’s own terms and privacy policy.

A third party may change, degrade, restrict, deprecate, or discontinue its data feed, API, platform, product, or device at any time, which may disable, alter, or interrupt an integration, feature, or Automation without notice to you or to us.

Geographic Scope

Fox Haus is based in and operates the Services from the United States. Certain Services, features, data sources, and calculations are designed primarily for use with properties, utility systems, markets, regulations, climate data, and product availability within the United States. Some functionality may be unavailable, limited, inaccurate, or operate differently when used with properties, assets, equipment, or systems outside the United States. You are responsible for compliance with any local laws that apply to your use of the Services, including electrical, plumbing, water, chemical, pesticide, and equipment regulations.

Your Content, Analytics, and Research

Ownership. You retain ownership of the information, data, photos and other images, documents, and other content you submit to the Services, and of sensor readings, device telemetry, configurations, and logs generated by equipment you own and connect (“Your Content”). Fox Haus does not claim ownership of Your Content.

License you grant. You grant Fox Haus a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, process, analyze, adapt, and display Your Content solely as reasonably necessary to operate, secure, maintain, evaluate, improve, and develop the Services; provide requested features and outputs; operate the monitoring, alert, and Automation features you enable; conduct the analytics and research described in these Terms and our Privacy Policy; and comply with law. This license includes the right to permit our service providers and contractors to process Your Content on our behalf for those purposes. The license is transferable only in connection with a merger, acquisition, financing, reorganization, sale of assets, or similar business transaction.

Purposes. Consistent with the license above, we may use Your Content to: provide the Services; diagnose and assess; generate and evaluate recommendations; operate schedules and Automation you configure; improve our algorithms; develop new features; measure and benchmark outcomes; perform quality assurance; diagnose device, connectivity, and Automation faults; detect fraud or misuse; maintain security; generate de-identified analytics; create statistical reports and benchmarks; conduct research (as described below); and improve future versions of the Services, including other Fox Haus applications.

De-identified information. We apply technical and organizational measures intended to ensure that information used as de-identified information cannot reasonably be linked to an identifiable individual, including removing or transforming direct identifiers and applying appropriate controls against re-identification. We do not intentionally use de-identified information to re-identify an individual. Once information has been de-identified, we may use it for any lawful business purpose.

Product and intervention analytics. Fox Haus may compare outcomes across many users to determine how frequently products, treatments, techniques, equipment, settings, and other interventions are associated with successful outcomes in similar conditions, as further described in “Outcome Information and Effectiveness Statistics.”

Research. Fox Haus may conduct internal scientific, statistical, horticultural, agricultural, engineering, and product research using information collected through the Services, to improve our products, develop new features, publish aggregate findings, evaluate effectiveness, benchmark products and techniques, validate machine-learning systems, and improve recommendations. Any published findings will use aggregated or de-identified information unless we separately obtain your permission.

Service technology and outputs. Fox Haus owns the Services and the underlying models, methodologies, algorithms, templates, scoring systems, software, designs, aggregate statistics, benchmarks, and other technology used to generate outputs. Subject to these Terms, you may use, reproduce, download, and share outputs generated specifically for you for your personal or internal business purposes. Fox Haus does not claim ownership of Your Content incorporated into an output. Outputs may not be used to reverse engineer the Services, create a competing product, misrepresent their source, or violate applicable law or third-party rights.

Display of your content. Fox Haus does not display your images to other users or use them in marketing, except through a feature you separately enable where such a feature is offered.

Artificial intelligence. We will not use Your identifiable Content to train or develop general-purpose artificial intelligence models unless we separately request permission or otherwise disclose such use in accordance with applicable law. Operating the Services (such as generating a result from your input), inference, evaluation, benchmarking, and quality assurance do not constitute such training.

Your representations. You represent that you have the rights necessary to submit Your Content and to connect any Connected Device you connect, and that Your Content does not infringe the rights of others or violate any law.

Retention. Retention and deletion of Your Content are described in our Privacy Policy. De-identified and aggregated information, which no longer identifies you, may be retained on an ongoing basis, including after account deletion.

Feedback. If you provide suggestions, feedback, or ideas regarding the Services, Fox Haus may use them without restriction and without any obligation or compensation to you.

Intellectual Property

All software, content, designs, trademarks, logos, and materials made available through the Services (excluding Your Content) are owned by Fox Haus LLC or its licensors and are protected by intellectual property laws. The Fox Haus name, the names of our applications, and related marks are trademarks of Fox Haus LLC and may not be used without our prior written permission. Unauthorized use of Fox Haus trademarks, logos, branding, application names, or other proprietary identifiers is prohibited.

Assumption of Risk

By using the Services, and in particular by connecting a Connected Device or enabling monitoring, remote control, scheduling, or Automation, you acknowledge, accept, and voluntarily assume the inherent risks of connected and automated gardening, growing, landscaping, greenhouse, indoor-growing, irrigation, and hydroponic systems, to the fullest extent permitted by applicable law.

You acknowledge that these risks include, without limitation: plant death; crop death, crop loss, and total loss of a growing cycle; reduced or lost yield and harvest; damage to landscapes, lawns, gardens, trees, and shrubs; underwatering and drought stress; overwatering, saturation, and root rot; nutrient toxicity, deficiency, and lockout; water waste and excessive water cost; leaks, overflow, flooding, and standing water; erosion and soil movement; mold, mildew, and microbial growth; freezing and freeze damage; overheating and heat damage; fire and smoke damage; electrical shock and electrical damage; equipment damage and loss; structural and other property damage, including to neighboring or third-party property; business interruption; economic loss; and personal injury.

You further acknowledge that these risks arise not only from equipment failure but from sensor inaccuracy, connectivity loss, power loss, software and algorithmic error, delayed or undelivered commands and alerts, third-party platform failure, your own configuration, and environmental conditions, alone or in combination.

You represent that you have the authority to install and operate the equipment at the property, that you have obtained any required consent, and that you are responsible for maintaining insurance appropriate to the systems you monitor and automate. Fox Haus is not an insurer and does not assume the risk of loss to your property, crops, plants, or equipment.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE OR RELIABLE. WE DO NOT WARRANT THAT THE SERVICES WILL REMAIN AVAILABLE OR THAT ANY SPECIFIC FEATURE, INTEGRATION, MODEL, DATA SOURCE, DEVICE COMPATIBILITY, OR FUNCTIONALITY WILL CONTINUE TO BE OFFERED.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT ANY SENSOR OR DEVICE READING WILL BE ACCURATE, PRECISE, CALIBRATED, TIMELY, COMPLETE, OR AVAILABLE; THAT ANY COMMAND, SCHEDULE, OR AUTOMATION WILL BE TRANSMITTED, RECEIVED, EXECUTED, EXECUTED ON TIME, EXECUTED ONLY ONCE, OR STOP WHEN EXPECTED; THAT ANY ALERT OR NOTIFICATION WILL BE GENERATED, ACCURATE, TRANSMITTED, DELIVERED, DISPLAYED, OR RECEIVED IN TIME TO PREVENT OR MITIGATE HARM; OR THAT ANY CONNECTED DEVICE WILL FUNCTION, PERFORM, REMAIN CONNECTED, OR REMAIN COMPATIBLE. FOX HAUS MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY THIRD-PARTY CONNECTED DEVICE, PRODUCT, OR SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOX HAUS LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL LOSSES, DAMAGES, COSTS, EXPENSES, AND CLAIMS ARISING OUT OF OR RELATING TO: SENSOR OR DEVICE INACCURACY, DRIFT, OR FAILURE; EQUIPMENT FAILURE, DEFECT, MALFUNCTION, OR UNINTENDED OPERATION; IMPROPER INSTALLATION, CONFIGURATION, OR MAINTENANCE; CONNECTIVITY, NETWORK, POWER, GATEWAY, OR FIRMWARE FAILURE; THIRD-PARTY API, PLATFORM, OR CLOUD-SERVICE FAILURE, CHANGE, OR DISCONTINUATION; DELAYED, LOST, DUPLICATED, CORRUPTED, OR UNEXECUTED COMMANDS; FAILED, DELAYED, INACCURATE, OR UNDELIVERED ALERTS OR NOTIFICATIONS; SOFTWARE, ALGORITHMIC, OR ARTIFICIAL-INTELLIGENCE ERROR; AUTOMATION FAILURE OR UNINTENDED AUTOMATION; THIRD-PARTY PRODUCTS, DEVICES, OR SERVICES; AND YOUR RELIANCE ON ANY MONITORING, READING, RECOMMENDATION, SCHEDULE, ALERT, OR AUTOMATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CATEGORIES OF LOSS, INCLUDING PLANT DEATH, CROP LOSS, LOST OR REDUCED YIELD OR HARVEST, SPOILAGE, LANDSCAPE, LAWN, TREE, AND SHRUB DAMAGE, WATER LOSS AND WATER COST, LEAKS, OVERFLOW, FLOODING, WATER DAMAGE, EROSION, MOLD, FREEZE DAMAGE, HEAT DAMAGE, FIRE AND SMOKE DAMAGE, ELECTRICAL DAMAGE, EQUIPMENT DAMAGE, STRUCTURAL AND OTHER PROPERTY DAMAGE, DAMAGE TO NEIGHBORING OR THIRD-PARTY PROPERTY, BUSINESS INTERRUPTION, COST OF COVER OR REPLACEMENT, AND ECONOMIC LOSS, AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PERSONAL INJURY ARISING FROM A CONNECTED DEVICE, ITS INSTALLATION, ITS MAINTENANCE, OR ITS OPERATION. THE FINAL PARAGRAPH OF THIS SECTION GOVERNS ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOX HAUS FOR THE APPLICABLE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FOX HAUS AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS AFFECTS ANY RIGHT OR REMEDY THAT CANNOT LAWFULLY BE WAIVED OR LIMITED.

Indemnification

You agree to indemnify, defend, and hold harmless Fox Haus LLC and its owners, officers, employees, contractors, affiliates, licensors, and service providers from any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) to the extent arising from your use of the Services; Your Content; your selection, purchase, installation, configuration, operation, maintenance, or failure to maintain any Connected Device; the Automation you configure or enable; your failure to maintain independent safeguards or to supervise your systems; damage to the property of any third party, including neighboring property; your violation of these Terms or applicable law; or your infringement of any third-party rights.

This obligation does not apply to the extent a claim arises from Fox Haus’s own negligence, willful misconduct, or violation of law, or to the extent such an obligation is not enforceable under applicable law. We will notify you of any claim for which we seek indemnification and will not settle it without your consent, which you will not unreasonably withhold.

Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or to protect the Services or other users. Fox Haus reserves the right to refuse service, suspend access, or terminate accounts at its discretion, subject to applicable law. You may stop using the Services at any time and may delete your account as described above.

Effect on connected equipment. Suspension, termination, account deletion, subscription lapse, uninstallation, or discontinuation of a feature or integration may cause monitoring, alerts, schedules, and Automation to stop functioning, to stop without notice, or to leave equipment in an unknown state. You are responsible for returning your equipment to safe manual operation and for supervising it thereafter. Fox Haus is not responsible for loss or damage resulting from the cessation of monitoring or Automation.

Provisions that by their nature should survive termination — including intellectual property, the license you grant in Your Content, ownership of the Services and outputs, “Connected Devices, Sensors, and Automation,” assumption of risk, disclaimers, limitation of liability, indemnification, governing law, and dispute provisions — will survive.

Apple App Store — Additional Terms

The following additional terms apply to applications you download from the Apple App Store:

• These Terms are an agreement between you and Fox Haus LLC only, and not with Apple Inc. (“Apple”). Fox Haus, not Apple, is solely responsible for the applications and their content.
• Your license to use an application is a limited, non-transferable license to use it on Apple-branded products that you own or control, as permitted by the App Store Usage Rules, including use by other accounts through Family Sharing or volume purchasing where Apple permits such use.
• Apple has no obligation to provide any maintenance or support for the applications. Fox Haus is solely responsible for support, to the extent support is offered.
• In the event of any failure of an application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the applications.
• Fox Haus, not Apple, is responsible for addressing any claims of yours or of any third party relating to the applications or your possession or use of them, including product-liability claims, claims that an application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or similar laws.
• In the event of any third-party claim that an application, or your possession and use of it, infringes that third party’s intellectual property rights, Fox Haus, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You must comply with applicable third-party terms of agreement when using an application.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.
• Developer name, address, and contact information to which any questions, complaints, or claims regarding an application should be directed: Fox Haus LLC, 418 Broadway, STE N, Albany, NY 12207; developer@foxhaus.org; telephone 518-800-8410.

Service Availability and Force Majeure

Fox Haus is not responsible for delays, failures, or interruptions caused by events beyond its reasonable control, including Internet or telecommunications failures, cloud-provider outages, natural disasters, severe weather, governmental actions, labor disputes, cyberattacks, utility and power failures, or failures of third-party platforms, device manufacturers, or data providers.

We may also suspend the Services or any feature for maintenance, upgrades, or security. An outage, maintenance window, degraded connectivity, or third-party failure may prevent an Automation from running, prevent it from stopping, delay or prevent an alert, or leave equipment in an unintended state, and Fox Haus is not liable for the consequences, to the fullest extent permitted by applicable law. You are responsible for independent safeguards that function without the Services.

Electronic Communications

You consent to receive electronically agreements, notices, disclosures, receipts, security alerts, and other transactional communications relating to the Services. You may receive promotional communications only as permitted by law and may unsubscribe from them using the instructions provided, although you may continue to receive non-promotional account and service communications.

Copyright Complaints

If you believe content available through the Services infringes your copyright, contact us at developer@foxhaus.org with identification of the copyrighted work, the allegedly infringing material, your contact information, a good-faith statement, and a statement that the information supplied is accurate and that you are authorized to act for the rights holder.

Export Controls

You may not use, export, or re-export the Services in violation of United States export-control, sanctions, or trade laws. You represent that you are not prohibited from receiving the Services under applicable trade restrictions.

Governing Law and Disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. Except where applicable law permits or requires a dispute to be brought elsewhere, any judicial proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Albany County, New York, and each party consents to their personal jurisdiction and venue. Nothing in this section limits any non-waivable consumer rights or your right to bring an eligible matter in small-claims court.

Changes to the Services

We may modify, suspend, discontinue, or remove any part of the Services at any time, with or without notice, and without liability to you. We do not guarantee that any feature, device integration, or compatibility will remain available indefinitely. If a feature or integration you rely on is discontinued, you are responsible for making alternative arrangements for any equipment or system that depended on it.

Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will revise the date at the top of these Terms and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

Miscellaneous

These Terms, together with our Privacy Policy and any supplemental acknowledgment presented in the Services, are the entire agreement between you and Fox Haus regarding the Services. If any provision is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign these Terms to an affiliate or in connection with a merger, acquisition, financing, reorganization, corporate restructuring, transfer of a Service, or sale of some or all of our assets.

Contact Us

If you have questions, contact us at:

Last updated August 30, 2026 · Version 3