These Terms and Conditions shall manage your use of all Nudge Systems Products and Services. By using Nudge Systems Products and Services you agree to accept these terms and conditions. If you do not understand or do not accept any part of these Terms and Conditions, do not place an order.
- Nudge Systems Products and Services
Nudge Systems Products and Services are defined as the Pleco Device, Data Subscription Service, Nudge Systems website, and the Pleco mobile application.
The Pleco Device requires a functioning water meter to operate. Ensure your home or office has a functioning water meter before placing an order.
Data Subscription Service is required to access data online or through the mobile application. Nudge Systems provides Data Subscription Service free of charge for the first three (3) months from the time of purchase of a Pleco Device. You will need to register your Pleco Device and open an account to access data online or through the mobile application. After the initial three (3) months, subscription fees will be charged monthly or yearly unless you cancel the subscription, in which case you can access your water usage using the display provided with the Pleco Device with no additional fees.
All features, functionality, product specifications and data subscription service are subject to change without notice or obligation.
- Intellectual Property
Nudge Systems and/or its licensors own all the intellectual property rights and materials contained in the Nudge Systems Products and Services. You are granted limited license only for purposes of viewing the material contained on the Pleco Device, the Nudge Systems website and the Pleco mobile application.
The Pleco Device is subject to government regulatory approval and currently has been approved for use in the United States and Canada. The Pleco Device shall not be modified or tampered with.
You are specifically restricted from all of the following:
selling, sublicensing and/or otherwise commercializing any Nudge Systems Products and Services material;
publicly performing and/or showing any Nudge Systems Products and Services material;
using Nudge Systems Products and Services material in any way that is or may be damaging to Nudge Systems;
using Nudge Systems Products and Services material in any way that impacts user access to the Nudge Systems website and/or Pleco mobile application;
using the Nudge Systems Products and Services material in any way that is contrary to applicable laws and regulations, or in any way may cause harm to Nudge Systems, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Nudge Systems Products and Services;
using Nudge Systems Products and Services to engage in any advertising or marketing, unless agreed upon in writing by Nudge Systems.
Certain areas of the Nudge Systems website have restricted access and Nudge Systems may further restrict user access to any areas of the Nudge Systems website, at any time, in absolute discretion. Any user ID and password you may have for the Nudge Systems website are confidential and for your use only. You shall not share that information with others.
If you don’t open an account your water usage information will only be stored locally in the Pleco Device. If you open an account, your water usage information will be available to you online and on the Pleco mobile application. Nudge Systems reserves the right to use water usage data for product development and improvement.
Nudge Systems may provide information about you to third parties to detect, prevent or otherwise address fraud, security, or technical issues.
For product support contact Nudge Systems at [email protected]. The Nudge Systems support team will only provide support if you are located in a supported country. Currently supported countries are the United States and Canada.
- Nudge Systems Payments or Guest Checkout
To place an order, you may use guest checkout or be signed into your account. To place an order or to use guest checkout, you will need to agree to these Terms and Conditions. Do not place an order if you do not agree to these payment terms.
- Ordering and Payment
By providing a credit card or other payment method accepted by Nudge Systems, you represent and warrant that you are authorized to use the specified payment method, and you authorize Nudge Systems, or our third-party payment processor, to charge your payment method for the total amount of your order (including applicable taxes, shipping and handling, and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or not acceptable, your order may be cancelled.
Nudge Systems reserves the right to reject all or part of an order or a return request and may refuse to ship products to you if:
We detect suspicious or fraudulent activity (including unauthorized reseller activity) in violation of these Terms and Conditions;
You do not live in a country from which products may be purchased;
You order more than the permitted maximum number of products.
- Data Subscription Service
Data Subscription Service is required to store and access data online or through the mobile application. Nudge Systems provides Data Subscription Service free of charge for the first three (3) months from the time of purchase of a Pleco Device. You will need to register your Pleco Device and open an account to access data online or through the mobile application. After the initial three (3) months, subscription fees will be charged monthly or yearly unless you cancel the subscription, in which case you can access your water usage using the display provided with the Pleco Device with no additional fees.
We offer a three-month free trial of our Data Subscription Service for limited periods of time. If we offer you a free trial, the specific terms of your free trial will be provided at the time of purchase. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
When you purchase a Pleco Device, you expressly acknowledge and agree that Nudge Systems is authorized to charge you a monthly or annual Data Subscription Service fee after the initial free trial period, plus applicable taxes, for as long as your subscription continues, and your subscription will continue until you cancel it or the Data Subscription Service is suspended, discontinued or terminated in accordance with these Terms and Conditions.
We automatically bill the payment method associated with your Nudge Systems account on a monthly or annual basis billing cycle. The first day of your billing cycle is the last day of the Data Subscription Service free trial period, which starts on the day you purchase a Pleco Device. The amount billed may vary due to promotional offers, changes in your Data Subscription Service and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
You may cancel your Data Subscription Service at any time by contacting Nudge Systems at [email protected] and requesting to “Cancel Data Subscription Service”. Cancelling your Data Subscription Service will terminate your account and your water usage data stored online might be deleted at Nudge Systems discretion. Data Subscription Service is non-refundable. Cancelling your Data Subscription Service stops the automatic billing cycle.
- Prices and Taxes
The Pleco Device and/or Data Subscription Service price displayed on the Nudge Systems website does not include, taxes or shipping charges. Information about taxes and shipping charges will be presented at checkout before you place your order. All prices displayed on the Nudge Systems website are subject to change at any time without notice.
In the event we change the pricing for the Data Subscription Service you have purchased, we will give you advance notice of this change. After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription.
Applicable taxes will be presented at checkout for the Pleco Device and/or Data Subscription Service. The taxes are estimated and subject to change.
The Pleco Device is subject to government regulatory approval and currently is approved for use in the United States and Canada. Accordingly, Nudge Systems will only ship Pleco Devices to addresses in the United States and Canada.
If a Pleco Device cannot be successfully delivered to you, it should be returned to Nudge Systems. Once Nudge Systems receives the return shipment, you will not be charged for the Pleco Device or charges already incurred will be reversed using the payment method in your account, but you will be charged for shipping as those charges are non-refundable. If a Pleco Device is not successfully delivered because Nudge Systems or a delivery agent made a mistake, you will not be charged or all charges will be reversed.
If Nudge Systems successfully delivers your Pleco Device to the address specified in your order, you will not be entitled to a refund or replacement Pleco Device, unless as specified in our return policy. If you do not receive your Pleco Device, please contact Nudge Systems at [email protected].
Delivery dates provided by Nudge Systems are estimates only and are not guaranteed.
- Product Availability and Order Limit
Pleco Devices offered on the Nudge Systems website are subject to availability. We reserve the right to discontinue offering the Pleco Device and/or Data Subscription Service without prior notice.
Our product order is subject to quantity limits. You may not order more than the maximum number of Pleco Devices that we specify on the Nudge Systems website.
- Promotional Pricing
Nudge Systems may offer promotional prices for the sale of the Pleco Device and/or the purchase of Data Subscription Service. In those cases, special terms applicable to such promotional offers or prices will govern the offer.
- Import and Export
The Pleco Device and/or Data Subscription Service may be subject to import and export laws and regulations in the United States and Canada. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Pleco Device and Data Subscription Service. These laws may include restrictions on destinations, users, and end use.
- Use of the Pleco Device
Please carefully read the instructions that come with the Pleco Device. For convenience, these instructions are also available online at the Nudge Systems website. By using the Pleco Device, you agree to comply with all instructions, including but not limited to:
The Pleco Device shall not be modified or tampered with.
Pleco Device use in the appropriate environments to prevent product damage.
Proper handling and disposal of batteries.
You may only purchase Pleco Devices and/or Data Subscription Service for personal use or as a gift. You may not resell any Pleco Device and/or Data Subscription Service. You may only resell any Pleco Device and/or Data Subscription Service after receiving written authorization from Nudge Systems. Please contact us at [email protected].
- Pleco Device Performance and Technical Specifications
The Pleco Device performance parameters and technical specifications included in the instruction manual and Nudge Systems website are average values for a typical installation and average water use. For example, the communication range between the Sensor and Display is an average value and depends on the specific location of the water meter, as well as physical obstacles (for example, number of walls) between the Sensor and Display. Similarly, the quoted battery life refers to the average water usage in an American household.
Accuracy of water usage measurements depends on the user carefully following the installation instructions and calibration procedure.
The Pleco Device detects different types of water usage: Faucet, flush, shower, irrigation, and other. Usage identification accuracy is subject to variability in water supply installations.
- Return Policy
If, for any reason, you decide to return the Pleco Device that you purchased from us for a refund, you must notify us and return the complete Pleco Device, free of damage and including packaging materials, to us within thirty (30) days from the purchase date. Contact Nudge Systems at [email protected] if you need to arrange a return.
Before returning your Pleco Device, we recommend you delete all data by selecting “Factory Reset” under the “Settings” menu.
If the Pleco Device is defective through no fault of your own, you may have statutory rights such as repair or replacement of the defective Pleco Device, or in some cases, a price reduction, or the right to cancel the purchase for a refund. If you have a defective Device, please contact Nudge Systems at [email protected].
If Nudge Systems provides you with a replacement Pleco Device, you agree that Nudge Systems may exchange the defective Pleco Device with a new or refurbished device. Nudge Systems may require that you return the defective device before sending you a replacement. You must ensure that the correct Pleco Device is returned to Nudge Systems. You will not receive a replacement until Nudge Systems has received the correct Pleco Device. If Nudge Systems, at its discretion, provides you with an advanced replacement device before we receive your defective Pleco Device, and you do not return the defective device within the time communicated to you, you authorize Nudge Systems to charge your original form of payment for the full value of the replacement Pleco Device.
Nothing in this section affects your legal rights under statutory or applicable laws. Nudge Systems will only provide warranty support for devices manufactured by Nudge Systems and those that are located in countries approved for Pleco Device use, which currently are the United States and Canada.
Nudge Systems warrants the Pleco Device to be free from defect in workmanship and materials, under normal use and conditions, for a period of one (1) year from the data of purchase.
The Nudge Systems Data Subscription Service, website, and the Pleco mobile app are provided “as is,” with all faults, and Nudge Systems express no representations or warranties, of any kind, whether express or implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Limitation of Liability
In no event, Nudge Systems, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of Nudge Systems Products and Services. Nudge Systems, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Nudge Systems Products and Services.
You expressly understand and agree that Nudge Systems and its subsidiaries and affiliates, including suppliers shall not be liable to you under any theory of liability, whether contract, tort (including negligence) or otherwise, for any indirect, incidental, special, consequential or exemplary damages that may be incurred by you in connection with the Pleco Device and/or Data Subscription Service or these terms and conditions, including any loss of data, whether or not a Nudge System affiliate or its representatives have been advised of or should have been aware of the possibility of any such losses arising. You expressly understand and agree that the Nudge Systems, its subsidiaries, affiliates, suppliers, and representatives total liability in connection with the Nudge Systems Products and Services or these terms and conditions will not exceed the amount actually paid by you to Nudge Systems under these terms.
- Device Features Outside of Nudge Systems’ Control
You acknowledge that unless specifically provided in any Pleco Device description page, no Pleco Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet or wireless service through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider (“Internet Service Provider”) whose service is compatible with the Pleco Device.
Your Pleco Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to a compatible WiFi access point.
You agree that, unless specifically provided in any Pleco Device description page or otherwise agreed by Nudge Systems, Nudge Systems has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Nudge Systems does not control.
You understand that the Pleco Device may only be compatible with certain hardware accessories manufactured by third parties, and Nudge Systems makes no warranty with respect to such third-party hardware accessories or their compatibility with the Pleco Device.
Returning the Pleco Device, in accordance with these Terms and Conditions, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable. Therefore, you must contact your Internet Service Provider or Wireless Carrier and any other applicable service providers directly to cancel such services.
- Changes to the Terms and Conditions
The Terms and Conditions in effect at the time you place an order for the Pleco Device and/or Data Subscription Service will apply to such order and Pleco Device and/or Data Subscription Service. Nudge Systems reserves the right to make changes to these Terms and Conditions from time to time, and any such changes will apply to future orders. If you have an active Data Subscription Service, we will notify you in the event we make changes to these Terms and Conditions that affect your subscription.
- Events Beyond Reasonable Control
Neither party will be responsible for any delay or failure to comply with these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control.
- No Waiver
If you do not comply with these Terms and Conditions, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have, including taking action in the future.
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Nudge Systems is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.
You hereby indemnify to the fullest extent Nudge Systems from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms and Conditions.
- Entire Agreement
These Terms and Conditions constitute the entire agreement between Nudge Systems and you in relation to your use of Nudge Systems Products and Services and supersede all prior agreements and understandings.
- Governing Law and Jurisdiction
The laws of California, U.S.A. apply to these Terms and Conditions, excluding California’s choice of law rules, and will apply to any disputes arising out of or relating to these Terms and Conditions. Claims arising out of or relating to these Terms and Conditions will be subject to the exclusive jurisdiction and venue of the courts in San Mateo County, California, U.S.A.