Terms of Service

Last updated: September 20, 2026

These Terms of Service (the "Terms") are an agreement between you and ThermoSave LLC and its successors and assigns ("ThermoSave," "we," "us"). They cover:

• your purchase of the ThermoSave Smart Water Heater Controller (the "Device");
• your use of the ThermoSave mobile app (the "App");
• your use of our cloud service and website (together with the App, the "Service").

By buying a Device or using the Service, you agree to these Terms. These Terms replace our earlier reservation terms.

Please read Section 16 carefully. It requires most disputes to be resolved by individual binding arbitration rather than in court, and it waives class actions. You can opt out within 30 days (see Section 16.7).

Other policies also apply and are part of these Terms:

• the Limited Warranty
• Shipping & Returns
• the Privacy Policy

1. Eligibility

You must be at least 18 years old and located in the United States to buy a Device or create an account.

2. Orders, pricing, and payment

• Prices are in U.S. dollars and do not include applicable taxes or shipping, which are shown at checkout.
• We may change prices at any time. A price change does not affect orders we have already accepted.
• Your order is an offer to buy. We accept it when we ship the Device.
• We may cancel an order, with a full refund, if the item is unavailable, if there was a pricing or listing error, or if we suspect fraud.
• Payments are processed by our payment provider (currently Stripe). We do not store your full card details.

3. Shipping, title, and risk of loss

We ship to U.S. addresses as described on our Returns page. Shipping times are estimates. Ownership of the Device and risk of loss pass to you when the Device is delivered.

4. Money-back guarantee and returns

You can return a Device within 30 days of delivery for a refund of the product price, even if it has been installed. See Returns for details.

5. Limited Warranty

The Device comes with a 2-Year Limited Hardware Warranty. Its terms are in the Limited Warranty, which is the only warranty we provide for the Device.

6. Compatibility, installation, and safety

The Device is designed for electric resistance tank water heaters rated up to 5,500 W (23 A at 240 V). It is not compatible with gas water heaters. It is not currently compatible with heat pump water heaters.

Installing the Device involves working with high-voltage (240 V) household wiring. You are responsible for the installation, whether you do it yourself or hire someone. You agree to:

• follow the Installation Guide and all applicable electrical codes and permit requirements;
• turn off power at the breaker before working on your water heater;
• hire a licensed electrician if you are not comfortable doing the work, or if local rules require one.

Improper installation can cause property damage, fire, or serious injury. If you are unsure whether the Device is compatible with your heater, email hello@thermosave.com before installing.

7. Your account

You need an account to use the App. You're responsible for activity on your account and for keeping access to your email secure, since we use one-time email codes to log in. Tell us promptly at support@thermosave.com if you believe your account has been compromised.

8. The App and the Service

License. We grant you a personal, non-exclusive, non-transferable, revocable license to use the App and the Service to operate your Devices, subject to these Terms.

Included at no extra cost. The Service is included with your Device at no additional cost. There is no subscription and no monthly fee.

Software updates. The Device and the App receive software updates, which may be installed automatically. Updates may add, change, or remove features. We make updates to improve the product, fix issues, and keep your Device secure.

Availability. We work to keep the Service running, but we don't guarantee it will be uninterrupted or error-free. If the Device loses its internet connection, it stays in its current mode, and you can still change modes using the button on the Device. See our FAQ for details.

Changes to the Service. We may change or discontinue features of the Service. If we ever discontinue the cloud Service as a whole, we'll give you at least 90 days' notice by email.

App stores. If you downloaded the App from Apple's App Store or Google Play, those companies are not parties to these Terms and are not responsible for the App. Their terms also apply to your use of their stores.

9. Energy savings

Savings estimates, including those from our savings calculator, are estimates only. They are not a promise or guarantee. Actual results depend on your utility rates, household hot-water use, water heater, settings, and other factors.

10. Control of your Device and energy programs

You control your Device through the App and the button on the Device. Your utility has no access to your Device.

In the future, we may offer optional programs that let you earn savings or rewards by participating in utility or grid programs (such as demand response). Participation will always be opt-in. It will be governed by separate terms that you agree to at that time. We won't share your data with a utility or program operator for these programs unless you enroll.

11. Acceptable use

You agree not to:

• reverse engineer, decompile, or tamper with the Device firmware, the App, or the Service, except where the law allows this despite this restriction;
• interfere with or disrupt the Service or other users' devices;
• access the Service by automated means or in excess of normal use;
• use the Device or Service unlawfully or unsafely.

12. Intellectual property and feedback

The Device firmware, App, Service, website, and ThermoSave brand are owned by ThermoSave or its licensors and protected by law. Apart from the license in Section 8, these Terms don't give you any rights in them.

If you send us feedback or suggestions, we may use them without obligation to you.

13. Privacy

Our Privacy Policy explains how we collect and use information, including data from your Device and the App.

14. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THE LIMITED WARRANTY, AND TO THE EXTENT PERMITTED BY LAW, THE DEVICE, APP, AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." THERMOSAVE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Implied warranties for the Device that cannot be disclaimed are limited as described in the Limited Warranty. Some states do not allow these disclaimers, so they may not fully apply to you.

15. Limitation of liability

TO THE EXTENT PERMITTED BY LAW:

(a) THERMOSAVE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR SAVINGS, ARISING OUT OF OR RELATED TO THE DEVICE, APP, SERVICE, OR THESE TERMS;

(b) THERMOSAVE'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE DEVICE, APP, SERVICE, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID FOR THE DEVICE, OR (ii) $100.

These limits apply to any theory of liability. They do not limit liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited under applicable law.

16. Dispute resolution and arbitration

16.1 Informal resolution first. Before starting arbitration or a court case, you and we agree to try to resolve the dispute informally. Send a written notice describing the dispute and the relief sought. We send ours to your account email; you send yours to support@thermosave.com. Both sides agree to try in good faith to resolve the dispute within 60 days.

16.2 Agreement to arbitrate. If the dispute isn't resolved informally, you and ThermoSave agree to resolve any dispute arising out of or relating to the Device, App, Service, or these Terms by binding individual arbitration, except as provided in Section 16.3.

• The Federal Arbitration Act governs this Section.
• The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
• It will be held in the county where you live, or by video or phone.
• We'll pay the AAA filing, administration, and arbitrator fees beyond what you would pay to file in court, unless the arbitrator finds your claim frivolous.
• The arbitrator decides all issues, except that a court decides questions about the scope, enforceability, or validity of Section 16.4.

16.3 Exceptions. Either party may:

• bring an individual claim in small claims court;
• seek relief in court for infringement or misuse of intellectual property.

16.4 Class action waiver. YOU AND THERMOSAVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found unenforceable for a particular claim, that claim (and only that claim) will be decided in court, not arbitration.

16.5 Public injunctive relief. Where applicable law does not allow a request for public injunctive relief to be arbitrated, that request will be decided in court after the individual arbitration is completed.

16.6 Mass filings. If 25 or more similar arbitration demands are filed by or with the help of the same law firm or group, the demands will be administered in batches under the AAA's mass arbitration procedures, to promote efficient resolution.

16.7 30-day right to opt out. You can opt out of this arbitration agreement by emailing support@thermosave.com within 30 days after you first buy a Device or accept these Terms. Your email must include your name, your order number or account email, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms.

17. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. This choice does not take away the protection of any consumer protection law of your state of residence that cannot be waived by agreement.

Except for claims brought in small claims court, any claim not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and you and ThermoSave consent to personal jurisdiction there.

18. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we'll notify you by email or in the App before they take effect. The version in effect when you placed your order governs that purchase. Continued use of the Service after changes take effect means you accept the updated Terms.

Changes to Section 16 won't apply to disputes you notified us of before the change.

19. General

• Assignment. We may assign these Terms, for example in connection with a merger, reorganization, conversion, or sale of our business. You may not assign them without our consent.
• Severability. If any provision is found unenforceable, the rest stays in effect.
• Entire agreement. These Terms, together with the policies linked above, are the entire agreement between you and us about their subject.
• No waiver. Our failure to enforce a provision is not a waiver.
• Force majeure. We aren't liable for delays caused by events beyond our reasonable control.

20. Contact

ThermoSave LLC · support@thermosave.com (orders, warranty, returns) · hello@thermosave.com (general questions) · 470 Noor Ave STE B #1299, South San Francisco, CA 94080, United States