By using eSPACE (“eSPACE Service”) and/or FACILITeSPACE (“IoT Service” and together with the eSPACE Service, the
“Services”), services of Cool Solutions Group, LLC (“Cool Solutions”), dba Smart Church Solutions, which
includes the software and the Customer Care plans, you are agreeing to be bound by the following terms and
conditions ("Terms of Service").
Cool Solutions reserves the right to update and change the Terms of Service from time to time without
notice. Any new features that augment or enhance the current Service, including the release of new tools and
resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall
constitute your consent to such changes. You can review the most current version of the Terms of Service at any
Violation of any of the terms below will result in the termination of your Account. While Cool Solutions
prohibits such conduct and Content on the Service, you understand and agree that Cool Solutions cannot be
responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree
to use the Service at your own risk.
You must be 13 years or older to use the Services.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to
complete the subscription creation process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may
create separate logins for as many people as you'd like.
You are responsible for maintaining the security of your account and password. Cool Solutions cannot and will
not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is
posted by others who have accounts under your account).
You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services,
violate any laws in your jurisdiction (including but not limited to copyright laws).
You commit that the data entered to establish the pricing package is accurate. Any misrepresentation of said
data will be cause to terminate your account.
Payment, Refunds, Upgrading and Downgrading Terms
A valid credit card or checking account is required for paying accounts.
The Services Setup Fee is billed before the organization account can be accessed for the first time. If an
account is suspended and reactivated before the organization’s account data has been deleted (in accordance
with our data retention policy), there is no setup fee for reactivation. However, if the account has been
suspended and deleted, a new account must be set up, and a setup fee will be required. There are no credits or
refunds for setup fees.
The Service is billed in advance on a recurring basis of your choice (monthly or yearly) and is
non-refundable. There will be no refunds or credits for partial payment-periods of service, upgrade/downgrade
refunds, or refunds for any unused portion of payment periods with an open account. In order to treat everyone
equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be
responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state)
For any changes in the Service subscription that are considered an "upgrade", the credit card that you provided
will automatically be charged at the time of the upgrade request, and the upgrade features will be available for
use upon the successful payment transaction. Downgrades to the Service subscription, as well as changes to billing
frequency, will not go into effect until your next billing cycle, which is also when the new downgrade rate will be
charged. Downgrade requests can be canceled before they go into effect at the next billing cycle.
Any services or products that result in billing after the services are rendered or products are shipped should be
paid in full within the specified Net terms of the invoice. Failure to do so will result in the suspension
of your eSPACE account. No refunds or credits are issued for suspension periods.
Cancellation and Termination
Cool Solutions, in its sole discretion, has the right to suspend or terminate your account and refuse any and
all current or future use of the Services, or any other Cool Solutions service, for any reason at any time.
Such termination of the Services will result in the deactivation or deletion of your Account or your access to
your Account, and the forfeiture and relinquishment of all Content in your Account. Cool Solutions reserves the
right to refuse service to anyone for any reason at any time.
You may terminate your account and the Services at any time before the start of the next subscription cycle,
otherwise you will be automatically billed for the next subscription cycle.
Upon termination of service, you will remove any and all external links to eSPACE ("app.eSPACE") and
FACILITeSPACE, including but not limited to websites, web calendar, HVAC system integration, digital signage,
access control, intranets, RSS feeds, API interfaces, etc.
Modifications to the Service and Prices
Cool Solutions reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Services (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject
to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the
Smart Church Solutions Site (www.smartchurchsolutions.com) or the applicable Service itself. This also includes
the addition of other services such as paid customer service/care offerings and other integrations with other
systems, services, and applications.
Cool Solutions shall not be liable to you or to any third party for any modification, price change, suspension
or discontinuance of the Service.
Should it be deemed necessary to terminate operations of eSPACE, Cool Solutions will provide a 30 day
written/email notice of its intent.
During said 30 day period, subscribers may export their data using the existing tools available to account
admins to export, download, or print their data.
Copyright and Content Ownership
All content posted on the Services must comply with U.S. copyright law.
We claim no intellectual property rights over the material you provide to the Services. Your profile and
materials uploaded remain yours. However, by setting your data to be shared publicly, you agree to allow others
(within your organization or otherwise, as applicable) to view and share your Content.
Cool Solutions does not pre-screen Content, but Cool Solutions and its designee have the right (but not the
obligation) in their sole discretion to refuse or remove any Content that is available via the Services.
The look and feel of the Service is copyright©2024 Cool Solutions Group, LLC. All rights reserved.
You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express
written permission from Cool Solutions.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners
who believe that website material infringes their rights under U.S. copyright law. If you believe that your
work has been improperly copied and posted on the website, please provide us with the following information:
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright
owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that
you claim has been infringed; (3) a description of where on the Services the material that you claim is
infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf. These requirements must be followed to give Cool Solutions
legally sufficient notice of infringement. Send copyright infringement complaints to our DMCA Representative,
at the following email address: firstname.lastname@example.org.
Purpose: Your use of the IoT Service may require access to eSPACE. Cool Solutions only provides the IoT Service
as an integration tool for eSPACE.
System Requirements: The IoT Service will not be accessible without an eSPACE Service subscription and the
hardware, software, and any other system elements that may be specified by Cool Solutions. It is your responsibility
to ensure that you have all required system elements and that they are compatible and properly configured. You
acknowledge that the IoT Service may not work as described when the requirements and compatibility have not been
met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty
and responsibility to be sure they are compatible and properly configured to work with the eSPACE Service.
Service Levels: IoT Service may be inaccessible due to scheduled and unscheduled reasons, including security
reasons, maintenance updates, power outages, system failures, extended downtime and other interruptions. During
such periods, you may be unable to access or use all of, or a portion of, the IoT Service. In the event of an
outage or interruptions that Cool Solutions determines may cause risk to the IoT Service, Cool Solutions may
determine in its sole discretion to suspend the IoT Service. You acknowledge and agree that your ability to access
the IoT Service, your account, billing account, and content may be suspended, delayed or interrupted for any
reason, including scheduled and unscheduled maintenance, power outages, system failures and other interruptions.
You agree you will not be entitled to any refund or rebate for such suspensions. Cool Solutions does not offer any
specifically uptime guarantee. Relatedly, lack of payment to Cool Solutions when due may result in suspension of
the IoT Service.
Support: Cool Solutions will provide customer support for issues related to and caused by or due to the IoT
Service. If Cool Solutions later determines that such issues were unrelated or not caused by or due to the IoT
Service, Cool Solutions will bill you $175 per hour for a minimum of one hour for support provided.
Security: Cool Solutions uses a variety of security technologies and procedures to help protect unauthorized
access to or use of the IoT Service; however, we cannot guarantee that we will be successful at doing so.
Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of
your data, content, software programs or services you use in connection with your access to or use of the IoT
Service. Cool Solutions strongly encourages you, where available and appropriate, to take measures to protect your
data, content, software applications or services.
Use: IF THE IOT SERVICE IS NOT PROPERLY CONFIGURED, OR IF THE IOT SERVICE OR ANY SENSORS ARE OUTSIDE THE
DETECTION RANGE OR HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY
EXPERIENCE FALSE ALERTS OR DETECTION FAILURES. It is your responsibility to test the IoT Service once configured
to be sure the IoT Service (and any related sensors, components and peripherals) are functioning and communicating
as intended and designed. The IoT Service may use various open or commonly available standards or means to
communicate and work with smart or connected devices that are also similarly used by other systems or services not
manufactured by Cool Solutions, including Wi-Fi, Bluetooth, and IP devices.
SMART, CONNECTED OR OTHER DEVICES AND RELATED SERVICES (“THIRD-PARTY PRODUCTS AND SERVICES”) THAT ARE NOT
DESIGNATED BY COOL SOLUTIONS AS COMPATIBLE WITH THE IOT SERVICE MAY NOT WORK, OR MAY HAVE LIMITED FEATURES OR
FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING THE SAME OR SIMILAR STANDARDS OR MEANS OF
COMMUNICATION. YOU AGREE ONLY TO USE THIRD-PARTY PRODUCTS AND SERVICES DESIGNATED BY COOL SOLUTIONS AS COMPATIBLE
WITH THE IOT SERVICE AND YOU SHALL BE RESPONSIBLE FOR PURCHASING ANY THIRD-PARTY PRODUCTS AND SERVICES COOL
SOLUTIONS DESIGNATES AS NECESSARY FOR THE IOT SERVICE.
FURTHER, YOU AGREE THAT COOL SOLUTIONS IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE AND HOLD COOL SOLUTIONS
HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR
CAUSED BY, ANY FAILURE OF THIRD-PARTY PRODUCTS AND SERVICES OR ANY THIRD-PARTY VENDOR SYSTEMS USED IN CONNECTION
WITH THE SERVICES, OR ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, THIRD-PARTY PRODUCTS OR
SERVICES THAT ARE NOT CERTIFIED BY COOL SOLUTIONS AS COMPATIBLE WITH THE PRODUCTS AND SERVICES.
THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND COOL SOLUTIONS AND ITS LICENSORS
EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
Cool Solutions does not warrant that (i) the Services will meet your specific requirements, (ii) the Service
will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the
Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material
purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the
Services will be corrected.
Manufacturer’s Warranty. You expressly understand and agree that warranties regarding patents, materials,
workmanship or use of any products purchased through Cool Solutions and/or used in connection with the Services
(the "Manufacturer's Warranty"), if any, are made exclusively by the manufacturer and Cool Solutions passes
through any Manufacturer’s Warranty, to the extent transferrable, to you. Your exclusive remedy under
Manufacturer's Warranty shall be as provided by the manufacturer and shall lie exclusively against and be
obtainable only from the manufacturer, and you expressly agree that you shall have no claim or cause of action
against Cool Solutions in the event the Manufacturer is for any reason unwilling or unable to perform under the
terms of Manufacturer's Warranty.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE
TERMS, IN NO EVENT WILL (A) COOL SOLUTIONS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR
INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS ARISING FROM OR
RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF COOL SOLUTIONS KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY
OF SUCH DAMAGES, AND (B) COOL SOLUTIONS TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE,
PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM
OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO
EXCEED TWO (2) TIMES THE FEES ACTUALLY PAID BY YOU TO COOL SOLUTIONS. UNDER NO CIRCUMSTANCES WILL COOL SOLUTIONS
BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT POSTED, EMAILED,
ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF COOL SOLUTIONS IS
FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY,
NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY
OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILFUL, INTENTIONAL OR
RECKLESS MISCONDUCT OF COOL SOLUTIONS OR GROSS NEGLIGENCE OF COOL SOLUTIONS IN THOSE STATES THAT DO NOT PERMIT
LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is only provided to paying account holders and is only available via web, email and telephone,
unless mutually agreed upon and based on the Service tier and Customer Care plan accepted by you.
You understand that Cool Solutions uses third party vendors and hosting partners to provide the necessary
hardware, software, networking, storage, and related technology required to run the Service. Accordingly, when
using Third-Party Products and Services (as defined herein) you are responsible for any information you provide
to the third party. Cool Solutions has no responsibility or liability for Third-Party Products or Services.
Publishers of Third-Party Services may change or discontinue the functionality or features of their
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is
associated with the Service, Cool Solutions, or any other Cool Solutions service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service without the express written permission by Cool Solutions.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole
discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Cool Solutions
customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be
transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds the average bandwidth usage (as determined solely by Cool Solutions) of other
eSPACE customers, we reserve the right to immediately disable your account or throttle your file hosting until
you can reduce your bandwidth consumption.
You expressly understand and agree that Cool Solutions shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if Cool Solutions has been advised of the possibility of
such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of
substitute goods and services resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or
any other matter relating to the service.
Furthermore, you agree that if your account is modified, adapted or hacked which in turns causes harm to your
organization related to access to your facility, control of major facility systems or the like, that you will
hold harmless Cool Solutions Group, LLC, its employees, partners and affiliates.
The failure of Cool Solutions to exercise or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between
you and Cool Solutions and govern your use of the Service, superseding any prior agreements between you and Cool
Solutions (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support at email@example.com.
THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY NORTH CAROLINA LAW EXCEPT FOR ITS CONFLICTS OF LAWS
EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF MECKLENBURG COUNTY, NORTH CAROLINA, AND YOU CONSENT TO VENUE AND
PERSONAL JURISDICTION THERE.