Terms of Use

UPDATED: 03/04/22

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 time at: http://app.espace.cool/public/termsofuse

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.

Account Terms

  1. You must be 13 years or older to use the Services.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the subscription creation process.
  4. 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.
  5. 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.
  6. 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).
  7. 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).
  8. 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

  1. A valid credit card or checking account is required for paying accounts.
  2. 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.
  3. The Service is billed in advance on a recurring basis of your choice (monthly, quarterly, 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.
  4. 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) taxes.
  5. For any change in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.

Cancellation and Termination

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. Cool Solutions shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  4. Should it be deemed necessary to terminate operations of eSPACE, Cool Solutions will provide a 30 day written/email notice of its intent.
  5. 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

  1. All content posted on the Services must comply with U.S. copyright law.
  2. 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.
  3. 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.
  4. The look and feel of the Service is copyright©2022 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.
  5. 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: copyright@coolsolutionsgroup.com.

FACILITeSPACE Terms of Use

The following terms of use will apply if you have subscribed to the IoT Service:

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.

Warranties

  1. 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.
  2. 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.
  3. 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.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. 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.
  3. 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 Third-Party Service.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. 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.
  12. 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.
  13. 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.
  14. 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).
  15. Questions about the Terms of Service should be sent to support at support@smartchurchsolutions.com.
  16. THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY NORTH CAROLINA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF MECKLENBURG COUNTY, NORTH CAROLINA, AND YOU CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.