Terms of Service
Last Updated: October 12, 2025
1. Acceptance of Terms
These Terms of Service ("Terms") govern your purchase and use of Markov Innovations hardware products, including smart blind modules, environmental sensors, sprinkler controllers, MQTT-BLE bridges, and related software and services (collectively, the "Products").
By purchasing, installing, or using our Products, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not purchase or use our Products.
2. Product Description and Availability
2.1 Product Specifications
We strive to provide accurate product descriptions, specifications, and images. However:
- Minor variations in color, size, or appearance may occur
- Specifications are subject to change without notice
- Battery life estimates (e.g., "10 years") are based on typical usage patterns and may vary
- Performance may vary based on environmental conditions and usage
2.2 Product Availability
Product availability is subject to change. We reserve the right to:
- Discontinue products at any time
- Limit quantities purchased per customer
- Refuse or cancel orders at our discretion
- Change pricing without notice (except for orders already placed)
3. Orders and Payment
3.1 Order Acceptance
Your order is an offer to purchase. We reserve the right to accept or decline any order. Order acceptance occurs when we ship the product or send order confirmation.
3.2 Pricing and Taxes
- All prices are in USD unless otherwise stated
- Prices do not include shipping, taxes, or duties
- You are responsible for all applicable taxes and import duties
- We reserve the right to correct pricing errors
3.3 Payment
- Payment is processed by third-party payment processors
- We do not store credit card information
- Payment must be received before shipment
- Failed or disputed payments may result in order cancellation
4. Shipping and Delivery
4.1 Shipping
- Shipping costs and delivery times vary by location and method
- Risk of loss transfers to you upon delivery to the carrier
- We are not responsible for shipping delays caused by carriers or customs
- International orders may be subject to customs inspection and fees
4.2 Damaged or Lost Shipments
5. Returns and Refunds
5.1 Return Policy
We accept returns within 30 days of delivery under the following conditions:
- Product is unused, in original packaging, and in resalable condition
- All accessories, manuals, and components are included
- You contact us for a Return Authorization (RA) number
- Return shipping costs are your responsibility unless product is defective
5.2 Refunds
- Refunds are issued to the original payment method
- Processing time is 5-10 business days after we receive the return
- Shipping costs are non-refundable except for defective products
- Restocking fees may apply for non-defective returns
5.3 Exceptions
The following are not eligible for return:
- Products damaged due to misuse or improper installation
- Products with removed or tampered warranty seals
- Clearance, final sale, or custom-configured items
- Products purchased from unauthorized resellers
6. Product Warranty
6.1 Limited Hardware Warranty
Markov Innovations warrants that hardware products will be free from defects in materials and workmanship for:
- Standard Warranty: 2 years from date of purchase
- Battery Performance: Capacity retention as specified in product documentation
- Extended Warranty: Available for purchase separately
6.2 Warranty Coverage
Under warranty, we will, at our discretion:
- Repair the defective product
- Replace the product with a new or refurbished unit
- Provide a refund or store credit
6.3 Warranty Exclusions
This warranty does NOT cover:
- Normal wear and tear or consumable parts (e.g., batteries after rated lifespan)
- Damage from misuse, abuse, or improper installation
- Damage from environmental factors (lightning, flooding, extreme temperatures)
- Modifications, repairs, or alterations by unauthorized parties
- Use contrary to product instructions or safety guidelines
- Products purchased from unauthorized resellers
- Cosmetic damage that does not affect functionality
6.4 Software and Firmware
Software and firmware are provided "as is" and are not covered by hardware warranty. We provide updates and bug fixes at our discretion.
7. Product Use and Safety
7.1 Proper Use
You agree to:
- Follow all installation instructions and safety guidelines
- Use products only for their intended purpose
- Comply with local building codes and regulations
- Ensure proper electrical installation by qualified personnel where required
- Keep products away from water unless rated for outdoor/wet use
7.2 Safety Warnings
IMPORTANT SAFETY INFORMATION:
- Products contain small parts and batteries - keep away from children
- Do not attempt to open, disassemble, or modify products
- Do not expose to extreme temperatures outside specified operating range
- Discontinue use if product shows signs of damage or malfunction
- Follow battery disposal guidelines for environmental safety
7.3 Installation
- Most products are designed for DIY installation
- Some products may require professional installation (sprinkler controllers)
- Improper installation voids warranty
- We are not responsible for damage caused by improper installation
8. Software and Firmware
8.1 Software License
We grant you a limited, non-exclusive, non-transferable license to use the software embedded in our products and any accompanying mobile or web applications.
8.2 Firmware Updates
- We may provide firmware updates to improve functionality or security
- Updates may be installed automatically (if enabled) or manually
- You are responsible for installing critical security updates
- We are not obligated to provide updates for discontinued products
8.3 Open Source Software
Our products may contain open source software components. Applicable licenses and source code (where required) are available upon request.
9. Cloud Services and Data
9.1 Optional Cloud Connectivity
Cloud connectivity is optional. Products provide full core functionality without cloud services. Cloud features require:
- Internet connection
- Compatible router and network
- Optional Markov Shifts Cloud account
9.2 Data Usage and Privacy
- Local operation does not transmit data to our servers
- Cloud connectivity requires consent to data transmission
- See our Privacy Policy for detailed information
- You can disable cloud connectivity at any time
9.3 Service Availability
- Cloud services are provided on an "as is" basis
- We do not guarantee uninterrupted service availability
- Services may be modified, suspended, or discontinued at any time
- Core device functionality continues to work offline
10. Third-Party Integrations
10.1 Supported Integrations
Our products may support integration with:
- Markov Shifts Cloud
- Google Home / Google Assistant
- Amazon Alexa
- IFTTT and other automation platforms
10.2 Third-Party Terms
- Third-party integrations are subject to their respective terms and policies
- We are not responsible for third-party service changes or discontinuations
- Integration functionality may change without notice
- You are responsible for compliance with third-party terms
11. Intellectual Property
11.1 Our Property
All intellectual property related to our Products, including designs, software, trademarks, patents, and trade secrets, is owned by Markov Innovations or our licensors.
11.2 Restrictions
You may NOT:
- Reverse engineer, decompile, or disassemble our products or software
- Remove or alter trademarks, logos, or proprietary notices
- Create derivative works based on our products or software
- Use our intellectual property without written permission
- Sell, rent, lease, or distribute our software
11.3 User Feedback
Any feedback, suggestions, or ideas you provide about our Products become our property and may be used without compensation or attribution.
12. Disclaimers and Limitations of Liability
12.1 Product Disclaimers
EXCEPT AS EXPRESSLY STATED IN THE LIMITED WARRANTY:
- PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
- WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- WE DO NOT WARRANT THAT PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED
- BATTERY LIFE ESTIMATES ARE APPROXIMATE AND NOT GUARANTEED
12.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT
- WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
- WE ARE NOT LIABLE FOR PROPERTY DAMAGE, PERSONAL INJURY, OR ECONOMIC LOSSES
- WE ARE NOT LIABLE FOR DATA LOSS, LOST PROFITS, OR BUSINESS INTERRUPTION
- WE ARE NOT LIABLE FOR THIRD-PARTY SERVICES OR INTEGRATIONS
12.3 Critical Applications
IMPORTANT: Our products are NOT designed for use in:
- Life-support systems or medical applications
- Nuclear facilities or hazardous environments
- Aviation or transportation safety systems
- Critical infrastructure or emergency services
Use in such applications is at your own risk. We disclaim all liability for such uses.
12.4 Environmental Monitoring
Environmental sensors (attic monitors, etc.) are tools to assist with monitoring. They are NOT substitutes for:
- Professional inspections
- Insurance claims assessments
- Structural engineering evaluations
- Certified testing or measurements
We are not liable for property damage or losses that could have been detected by our sensors.
13. Indemnification
You agree to indemnify and hold harmless Markov Innovations, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use or misuse of our Products
- Improper installation or modification
- Violation of these Terms or applicable laws
- Infringement of third-party rights
- Damage to property or persons caused by your use of Products
14. Export Compliance
You agree to comply with all applicable export and import laws. Our Products may not be exported to embargoed countries or restricted parties without proper authorization.
15. Modifications to Terms
We may update these Terms from time to time. Material changes will be announced via:
- Email to registered customers
- Notice on our website
- Product packaging for new purchases
Continued use of Products after changes constitutes acceptance of updated Terms.
16. Dispute Resolution
16.1 Informal Resolution
Before filing a claim, contact our Legal Inquiries department via our contact page to attempt informal resolution. We will work in good faith to resolve disputes within 60 days.
16.2 Arbitration
If informal resolution fails, disputes shall be resolved through binding arbitration, except where prohibited by law.
16.3 Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class actions or class arbitrations.
16.4 Small Claims Court
Either party may pursue claims in small claims court as an alternative to arbitration.
17. Governing Law
These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. Any disputes shall be resolved in the courts of [Your Jurisdiction].
18. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any product-specific terms, constitute the entire agreement between you and Markov Innovations regarding our Products.
20. Contact Information
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