Terms & Conditions

1. Nature of the Service.  
   
   a.    General.  The Service allows Users to access certain information or other content, which may include data, text or other materials or content, related to the Cala heat pump water heater. 
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   b.   Children.  Cala does not knowingly collect personal information from individuals less than 18 years of age without verifiable parental consent. Further, you agree not to provide any personal information from individuals less than 18 years of age unless you are the parent and provide consent. If Cala learns that personal information of individuals less than 18 years of age has been collected without verifiable parental consent, Cala will take the appropriate steps to delete such information. To make such a request, please contact us by e-mail at support@calasystems.com or by mail at 444 Somerville Avenue, Somerville, MA 02143.
   
   c.   Changes to the Service and this Agreement.  To the extent permitted by law, Cala reserves the right, in its sole discretion, to modify the Service at any time, without notice to you. Cala also from time to time may change this Agreement prospectively. If we do so, we will change the “last updated” date on this Agreement. You agree that your continued use of the Service constitutes your agreement to the amended Agreement. If you do not agree to the amended Agreement, DO NOT USE THE SERVICE. You may not amend or modify this Agreement except by way of an express writing signed by Cala.
   
   d.   Notifications; Notice; Questions.  You agree that all notifications or notices required under this Agreement may be provided to you by the email address you have provided to Cala, to the extent permitted by applicable law. All notifications are deemed given when Cala sends the email message (or, if a valid alternative method is used, whenever such message is sent by Cala). You also agree that Cala may contact you by telephone (including through automatic dialing technology, to the extent permitted by applicable law) at any number Cala has on file for you, including any cellular phone number you provide to us, even if doing so may result in additional telecommunications fees or charges to you, to discuss your account or to provide the Service. All notifications or notices required under this Agreement to be provided to Cala and questions or comments that you have about this Agreement or the Service may be sent to the following address and shall be deemed given when Cala receives them.
   
   Cala Systems, Inc.
   444 Somerville Avenue
   Somerville, MA 02143
   
   Questions or comments also may be directed to Cala by e-mail at support@calasystems.com or by phone at 877-784-2252.
2. Privacy Notice. Our Privacy Notice, which is incorporated into and made a part of this Agreement by this reference, explains how Cala collects, uses, and discloses your personal information, including information provided by or collected from you when you use the Service. You can access the current Privacy Notice at www.calasystems.com/privacy-policy. By agreeing to this Agreement (including using or providing information to or though the Service), you are accepting and agreeing to our Privacy Notice, as it may be modified from time to time in accordance with its terms, including your consent to all actions taken by Cala with respect to your information in compliance with the Privacy Notice.
   
   You acknowledge that when you use the Service, Cala may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the Service. You also may be required to provide certain information about yourself as a condition to using the Service or certain of its features or functionality. The Service may provide you with opportunities to share information about yourself with others. All information Cala collects through or in connection with the Service is subject to the Privacy Notice.
   
3. Use of the Service. Subject to the terms and conditions herein, you are permitted to use the Service solely for your own personal, non-commercial use. You must comply with any rules and policies about use of the Service that we publish from time to time. These rules and policies will be available on the Service. Certain features, pages, or content within the Service may contain supplemental terms of use, to which you must agree in order to use the relevant features, pages or content.
   
   You must not, and must not permit any third party to: (a) use the Service in any way that would violate the rights of any person; (b) impersonate any person or entity; (c) harvest or otherwise collect information about others from the Service; (d) take any action that imposes or may impose an unreasonable or disproportionately large load on the Service, or bypass any measures we may use to prevent or restrict access to any portion of the Service (or other accounts, networks or services connected thereto); (e) use manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any of the Service or otherwise to copy, obtain, propagate, distribute or misappropriate any information or other content from the Service, including any Cala Property (defined in Section 9 below); (f) distribute, rent, lease, lend, sell, license, assign, export, import, convey, or otherwise make available or grant rights in the Service, or any information or other content obtained therein, to any third party, except as expressly permitted herein; (g) otherwise interfere in any manner with the use or operation of the Service; or (h) use the Service for any commercial purpose, including in the development, directly or indirectly, of any product, software or service that offers any functionality substantially similar to, derivative of, or competitive with, the Service, or any other Cala product, software, or service.
4. Compliance with Laws. You will comply with all laws and regulations applicable to your activities under or in connection with this Agreement, including without limitation United States export control laws, regulations and executive orders.
5. Feedback. If you provide us (directly or indirectly, and by any means) any comments, feedback, suggestions, ideas, or other submissions, including any that are related to the Service (collectively “Feedback”), the Feedback will be the sole property of Cala. We will be entitled to use, reproduce, modify, disclose, display, publish, perform, broadcast, distribute, and otherwise exploit in any manner, all Feedback, without restriction and without compensating you in any way. We have no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
6. Cloud Services. Without limiting the disclaimers and limitations of liability set forth in Section 10, you acknowledge and agree as follows: (a) the Service is provided to you using cloud computing services of one or more third party cloud providers; (b) the cost at which we could afford to offer the Service would vary if we provided the Service other than using the cloud services provided by the cloud providers; and (c) we shall not be responsible or liable to you for any act, omission or failure of any of these cloud providers.
7. Third-Party Services. The Service may depend upon, interact with, or enable access to third-party services to connect to information, other content, services, websites, or hardware, including the network provided by your wireless or Internet service provider, your browser, email and SMS programs, dialer and other applications, which may in each case be accompanied by separate terms of use. Use of a third-party service may require that you accept additional terms of use. You must comply with the applicable terms of use when using the third-party service and the Service. Cala cannot assure you that these third-party services will function correctly with the Service, either now or at some future time. Cala does not endorse, and hereby disclaims all liability or responsibility to you or any other person for any of these third-party services.
8. Links and External Websites. The Service may contain links to and from websites. Cala makes no representations whatsoever about any other website that you may access from the Service. Cala is not responsible for the privacy practices or content of those websites and Cala expressly denies any liability whatsoever for use of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of items of a destructive nature.
9. Our Intellectual Property Rights. The Service (including Cala Property, as defined below) is the property of, or is licensed by, Cala Systems, Inc. and is subject to copyright and other intellectual property protection. All the software, algorithms, functionality, inventions, concepts, text, images, sound, music, videos, marks, logos, compilations, content, and technology used to deliver the Service or otherwise embodied in, displayed through, or provided directly or indirectly (e.g., emails or other communications from us to you) via, the Service are “Cala Property.” Except as otherwise expressly permitted by this Agreement, any use, copying, making derivative works, transmitting, posting, linking, deep linking, framing, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of Cala Property is prohibited. You acknowledge that Cala Property has been created, compiled, developed and maintained by or on behalf of Cala at great expense of time and money such that misappropriation or unauthorized disclosure or use of Cala Property by others for commercial gain would unfairly and irreparably harm us in a manner for which damages would not be an adequate remedy, and you consent to our obtaining injunctive relief to restrain any breach or threatened breach of this Agreement, without any requirement to post bond. You may be subject to criminal or civil penalties for violation of this paragraph.
   
   The marks CALA, CALA SYSTEMS and any associated logos, are registered or unregistered trademarks or service marks of Cala or our licensors. You may not use them, or any of our other marks or logos, in any manner, including any use that is likely to cause confusion or that disparages or discredits us, without our consent. The Service may also feature the trademarks, service marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
   
   Subject to the terms and conditions herein, we grant you the non-exclusive, limited, revocable right to access and use Cala Property solely to the extent necessary for you to use the Service for your own personal, non-commercial use, as permitted by this Agreement. We reserve all other rights.
10. DISCLAIMER OF WARRANTIES; LIMITATION ON LIABILITY.
    
    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW: (a) ALL USES OF THE SERVICE, INCLUDING ITS QUALITY, PERFORMANCE, ACCURACY, AND RELIABILITY, ARE AT YOUR SOLE RISK; (b) THE SERVICE, INCLUDING ANY INFORMATION PROVIDED IN CONNECTION THEREWITH, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; AND (c) CALA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, AND INFORMATION PROVIDED BY OR IN CONNECTION WITH THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AS EXAMPLES, AND WITHOUT LIMITATION, CALA DOES NOT GUARANTEE AND DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY OF DATA PROVIDED BY THE SERVICE, OUR SERVICE PROVIDERS, OR BY OR THROUGH THIRD-PARTY SERVICES; CALA DOES NOT GUARANTEE AGAINST LOSS OF DATA, WHICH MAY BE LOST AT ANY TIME; AND CALA DOES NOT GUARANTEE THAT THE SERVICE WILL BE PROVIDED AT ALL TIMES OR THAT ANY OR ALL OF THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR AT YOUR LOCATION. FOR EXAMPLE, THE SERVICE MAY BE UNAVAILABLE IN YOUR AREA OR LOCATION. We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. In addition, you understand that changes in third party technology or government regulation may render the Service obsolete or unusable. No advice or information, whether oral or written, obtained by you from Cala, our service providers, or through the Service or a third-party service will create any warranty.
    
    TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CALA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICE, OR INFORMATION ON THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CALA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    
    IN NO EVENT SHALL CALA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) ARISING OUT OF OR RELATING TO THIS AGREEMENT AND YOUR USE OR POSSESSION OF THE SERVICE OR CALA PROPERTY EXCEED THE AMOUNT OF TEN DOLLARS ($10.00).
    
    THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. Indemnity. In consideration of Cala providing you access to and use of the Service, to the maximum extent permitted by applicable law, you agree to indemnify Cala, and our service providers, agents and licensors, against any and all claims, actions, suits, proceedings, demands, liabilities, losses, damages, costs, expenses, and attorneys’ fees (“Liabilities”) arising out of or related to (a) your failure to comply with this Agreement; or (b) your access to, use of, failure to use, or inability to use the Service (but excluding any Liabilities to the extent caused by our gross negligence or willful misconduct). We reserve the right to assume the sole control of the defense and settlement of any claim, action, suit or proceedingfor which you are obliged to indemnify us. You will cooperate with us with respect to such defense and settlement.
12. Dispute Resolution and Arbitration
    
    a. In the event of any dispute arising out of or relating to this Agreement (including its interpretation, validity, performance, or breach) (a “Dispute”), the Dispute shall be resolved solely as follows. A party shall send a written notice to all affected parties describing the Dispute and any relief requested, including any specific damages claimed. In order to permit the affected parties to attempt to resolve the matter amicably, no arbitral or judicial proceeding may be commenced until the passage of sixty (60) days from the receipt of the written notice.
    
    b. If the affected parties are unable to resolve the Dispute within the 60-day time period, any Dispute, other than a claim for wrongful death or personal injury, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Rules (information about the AAA and its rules is available at www.adr.org.). If the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. ss. 2, et seq. The obligation to arbitrate under this section shall extend to any claims against any affiliates, officers, directors, contractors, subcontractors, suppliers, agents, or employees of a party. This provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets.
    
    c. To the maximum extent permitted by law, the prevailing party or parties shall be entitled to an award of all costs, expenses, and attorneys’ fees reasonably incurred in the successful prosecution or defense of any claim. However, if a claimant recovers less than the respondent’s highest written offer made before the commencement of arbitration, the respondent shall be deemed to be the prevailing party for this purpose. The arbitrator shall have authority to issue any and all remedies authorized by law, but the arbitrator shall have no authority to conduct proceedings on a class or aggregated basis without the written consent of all parties; provided, however, that in the event of the filing of over twenty five (25) arbitration claims against Cala Systems or any of its affiliates, officers, directors, contractors, subcontractors, suppliers, agents, or employees raising substantially the same or similar Dispute, the AAA may at the request of such respondents appoint a single arbitrator or panel of arbitrators to resolve some or all common issues of law or fact.
    
    d. Notwithstanding the foregoing, any party may at its option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction.
    
    e. If at any time any party requests mediation, all affected parties shall participate in a mediation directly and not solely through counsel, the requesting party to bear the costs and fees of the mediator(s).
    
    f. Without derogation of the parties’ obligation to arbitrate, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to a Dispute shall be vested exclusively in the state or federal courts sitting in and for Suffolk County, Massachusetts, except that any judgment thereof or any arbitral award may be enforced in any court of competent jurisdiction. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
    
    g. If any part of this dispute resolution and arbitration provision is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this provision shall remain in effect, with the exception that if a court or arbitrator determines in an action between you and us that the above class action waiver is unenforceable, then this arbitration provision will be void as to you.
13. Governing Law; Jurisdiction. This Agreement and use or operation of the Service are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to its or any other jurisdiction’s conflict of laws principles that would apply another law.
14. Force Majeure. In no event will we be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside our reasonable control. Without limiting the foregoing, in the absence of our gross negligence or willful misconduct, we will not be liable for any damages arising from the acts of hackers or similar bad actors interfering with the Service.
15. Geography. We provide the Service for use only by persons located in the United States. The information provided in connection with the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Cala to any registration requirement within such jurisdiction or country. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Suspension and Termination. You may terminate this Agreement at any time by ceasing to use the Service. We reserve the right to suspend your access to the Service at any time if we believe you are in breach of this Agreement. We reserve the right to terminate this Agreement or to cease to offer the Service at any time on written notice to you (including by email to registered Users or posting on our website), for any reason or no reason.
    
    If we cease to provide the Service, you agree: (a) to continue to be bound by this Agreement, (b) that the license and rights provided by us under this Agreement shall end, and (c) that we shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Service or for termination of access to the Service.
    
    Sections 1, 2 and 4-21, any accrued obligations and remedies hereunder, and any other provisions that by their nature should reasonably survive, shall survive the termination or expiration of this Agreement.
17. Entire Agreement. Except as otherwise expressly provided herein, this Agreement set forth the entire agreement between Cala and you regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
18. Assignment. This Agreement and your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third party without our prior written consent in our sole discretion. Any purported assignment, transfer or delegation without such consent will be null and void. We may assign or otherwise transfer or delegate this Agreement (including any rights or obligations hereunder), including to any purchaser of our business, from time-to-time in our sole discretion. This Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assigns.
19. Electronic Assent. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
20. Waiver. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any othercovenant, condition or agreement herein. No waiver will be binding on us unless made in an express writing signed by us. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
21. Interpretation of Terms. If any provision of this Agreement is found to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of this Agreement.
    
    All rights that are not expressly granted under this Agreement are reserved by Cala.
    
    © 2025 Cala Systems, Inc.