Terms and Conditions

 

Definitions 

WallGauge, LLC (“Seller”): an Illinois limited liability company that develops and sells WallGauge units and systems.

WallGauge system: is a GDT Kit for a Raspberry Pi Zero WH / Raspberry Case and at least one WallGauge unit. (Raspberry Pi is a trademark of the Raspberry Pi Foundation.)

GDT-PCB: is an abbreviation for the WallGauge infrared printed circuit board.

GDT: is an abbreviation for Gauge Data Transmitter.  The GDT is a kit for the Raspberry Pi zero WH computer and includes a GDT-PCB board fitted to the Pi’s expansion header. 

WallGauge: is the round ~3” printed circuit board (PCB) fitted with an infrared receiver, motor drive circuit, automotive dashboard stepper motor, Parallax processor, EEPROM, power management circuit and the 3 AAA battery holder.  In addition the hardware the WallGauge also contains proprietary software that is preloaded into the EEPROM. 

Purchaser: the individual or entity purchasing or receiving a WallGauge unit or system.

 

Risks involved with this system

This solution is based on open source software that can be modified by a bad actor without our or your knowledge. This can also cause unforeseen outages if one of the libraries we depend on is broken by the owner, user, or other person.

Support and security patches is ongoing and period depending on WallGauge staff availability. Consistent, accurate, and perfect security and software updating is not guaranteed in any way whatsoever.

We do not own, collect, or control the data or data sources that may be transmitted to your WallGauge.  Most of the data is pulled from public web services.  If these web services change their access policy or how the data is accessed a gauge may stop working without warning or notice. WallGauge, LLC makes no express, implied or any other warranty whatsoever that the data is accurate, and the data is not intended to be authoritative or “official”. The WallGauge and its transmission of data is for novelty purposes only.

Gauges may have a data source section so owners and users can see where the data is sourced.

The firmware, PCB design, and communications protocol inside the WallGauge is the intellectual property of WallGauge, LLC. The firmware, PCB, design, and communications protocol inside the WallGauge may not be modified, altered, or used in any manner inconsistent with its novelty and entertainment purpose without the express written consent of WallGauge.com, LLC., which may be revoked at any time.

The GDT-PCB attached to the Raspberry Pi is the intellectual property of WallGauge, LLC. The GDT-PCB attached to the Raspberry Pi may not be modified, altered, or used in any manner inconsistent with its novelty and entertainment purpose without the express written consent of WallGauge.com, LLC., which may be revoked at any time.

 

Personal Data

Access to the Gauge Data Transmitter is over an encrypted wireless connection.  This connection is established when the user connects their smartphone to the GDT by following the setup process.  No user login ID or Password is required to connect and manage the GDT.  However, the user must have physical access to the GDT to setup the secure connection. To manage the GDT the user must be in close proximity to the GDT within 1 to 5 meters. No remote access is available to the GDT. 

Any personal data or other information collected by or provided to WallGauge, LLC may be used by WallGauge, LLC to contact Purchaser with general or personalized service-related notices, marketing, advertising, and other promotional messages. Personal data may also be used to provide and operate the Services, provide Purchaser with ongoing customer support assistance and technical support, create aggregated statistical data and other aggregated and/or inferred non-personal information, and to comply with any applicable laws and regulations.

 

Network Warning 

Exercise caution. Connecting the Gauge Data Transmitter (GDT) to your wireless network can increase the security risk to your wireless network.  We have made our best effort to secure the GDT from viruses and malware. However, the GDT is based on open source software that is not in our full control and may be compromised without our knowledge. By using the WallGauge, the user and owner acknowledge the potential security risks inherent therein and assume all such risks associated with the use. To help reduce this possible risk we have a few suggestions:

  1. Connect the GDT to a wireless network that is protected from the Internet with a Firewall. This will help protect the GDT from being hacked.

  2. Connect the GDT to a dedicated wireless network just for IOT devices.  This network should be isolated from other devices that may be in your home such as laptops, smart phones, tablets and desktop workstations. Many of the newer wireless routers support a guest network that can provide this function.

  3. If you decide to not connect to a dedicated IOT network (not recommended) then make sure all devices on the same network or running some type of firewall and protected from viruses and malware. 

These are only suggestions, and they are not guaranteed to ensure proper and effective security of your devices or network. The suggestions are not intended to resolve or correct any gaps or lapse in network or other security. We recommend consulting with your own information technology or network professional for further guidance to best protect your own network and other devices while using this product.

 

 

Miscellaneous

 

Purchaser understands that, at this time, the WallGauge products are supported only on certain Apple, Inc. devices.

 

Purchaser acknowledges and agrees that the firmware, PCB design, and communications protocol inside the Product are proprietary to WallGauge, LLC and are protected by copyright and that such materials may not be modified, altered, copied, reproduced or otherwise disseminated by Purchaser, or allowed by Purchaser, to any third party without the express written consent of WallGauge, LLC. Purchaser further agrees that it will not reverse engineer, disassemble, analyze, or decompile any part of the Product under any circumstances. Any such consent may be revoked by WallGauge, LLC at any time. Purchaser agrees that it will not create or produce any video or other digital, audio or photographic recording or other production or materials using or referencing the product without the express written consent of WallGauge, LLC. Purchaser agrees that it will not use the Product in any manner or purpose that is inconsistent with a novelty or informal informational purpose as stated herein. Purchaser agrees to follow guidelines and instructions as documented in each products specification sheet. 

 

Purchaser agrees to indemnify, save, and hold harmless WallGauge, LLC, its officers, directors, agents, employees and affiliates, from any against any claim, cause of action, demand, liability, harm, cost, direct loss or pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts or other expense to Purchaser or any other third party arising out or attributable in any manner to a breach of Purchaser’s network, “hack”, or other compromise, or other security breach related to the use of the Product regardless of whether it is due to WallGauge, LLC, its officers, directors, agents, employees and affiliates,  negligence, a malfunction of Product, inadequate connectivity of the Product to the internet, Purchaser’s negligence, or any other reason whatsoever.

 

Depending on the source of the data to be transmitted to and displayed by the Product, it may be necessary to provide account login information for the third party data source to Seller. Seller is not responsible for and Purchaser agrees to indemnify, save, and hold harmless Seller from and against, and covenant not to sue Seller with regard to, any claim, cause of action, demand, liability, harm, cost, direct loss or pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts or other expense to Purchaser or any other third party arising out or attributable in any manner to the provision of data source login information to Seller.

 

Purchaser acknowledges and agrees that the data and/or data sources transmitted to and displayed by the Product are not owned by WallGauge, LLC, its officers, directors, agents, employees and affiliates. Purchaser acknowledges and agrees that the data may be pulled from public internet services or internet web sites. Purchaser acknowledges and agrees that the provider, host, or servicer of the data may, at any time and without notice to WallGauge, LLC or Purchaser, change or disable access to the data and, in that event, a gauge displaying or receiving that data may subsequently be rendered inoperable. Purchaser acknowledges and agrees that WallGauge, LLC, their officers, directors, agents, employees and affiliates, is not in any manner whatsoever liable or responsible for these data interruptions or access revocations, and Seller shall not be held responsible for any cost, damage, or other liability associated with the same. Purchaser agrees to indemnify, save, and hold harmless Seller from any against any claim, cause of action, demand, liability, harm, cost, direct loss or pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts or other expense to Purchaser or any other third party arising out or attributable in any manner to the inaccuracy of data displayed regardless of whether the inaccuracy of data is due to Seller’s negligence, a malfunction of Product, inadequate connectivity of the Product to the internet, incorrect or outdated data from the data source, or any other reason whatsoever.

 

Should Purchaser lose or misplace the Product or should the Product be stolen or otherwise taken (whether by consent or not) from Purchaser, Purchaser must immediately notify Seller so Seller can take any steps necessary to disable access to data that may be accessible in or through the Product. Seller is not responsible for and Purchaser agrees to indemnify, save, and hold harmless Seller from and against, and covenant not to sue Seller with regard to, any claim, cause of action, demand, liability, harm, cost, direct loss or pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts or other expense to Purchaser or any other third party arising out or attributable in any manner to the loss or misplacement of the Product by Purchaser or the theft or other taking of the Product from Purchaser.

 

Should Seller at any time develop, create, formulate, revise, alter, or in any manner assist with an application, program, or other software for use by Purchaser in Purchaser’s use of the Product, Seller shall not be responsible for and Purchaser agrees to indemnify, save, and hold harmless Seller from and against, and covenant not to sue Seller with regard to, any claim, cause of action, demand, liability, harm, cost, direct loss or pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts or other expense to Purchaser or any other third party arising out or attributable in any manner to Seller’s development, creation, formulation, revision, alteration, or assistance with any application, program, or other software for use by Purchaser in Purchaser’s use of the Product.

 

The purchaser, owner, and/or user of any WallGauge system or device agrees to indemnify, hold harmless, and defend WallGauge, LLC, its officers, directors, agents, employees and affiliates, from any against any and all claim, cause of action, penalty, fine, damage, harm, or other negative consequence that may result from the purchaser, owner, and/or user’s use of the WallGauge system or device, from any authorized or unauthorized intrusion or hack into the device or wireless network or other devices, or other malicious activity. WallGauge, LLC are not responsible for any harm or damage, financial or otherwise, caused by any third party software or application that may be used inside of the WallGauge system or device or by the purchaser, owner, or user in connection with the WallGauge system or device. WallGauge, LLC is not responsible for any harm or damage, financial or otherwise, caused by, or in any way connected with, the Raspberry Pi. The WallGauge system or device is offered with no warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, is offered. WallGauge, LLC  shall not be liable for any consequential or incidental damages alleged to have been incurred by the purchaser, owner, user, or any third party arising from the use of the WallGauge system or device. The Product is designed for novelty, entertainment, and informal informational purposes only and WallGauge, LLC do not recommend that the Product be used for any authoritative or official purpose.

 

These Terms and Conditions are subject to and governed by the laws of the State of Illinois. These Terms and Conditions are subject to the Privacy Policy and any Purchase Agreement.

 

 

GDT Software Maintenance subscription

A software maintenance subscription is required for every WallGauge GDT.  If your subscription expires for non-payment or otherwise your gauge(s) will stop working and you will be notified by the eMail WallGauge has in its records.  For more information on the GDT Software Maintenance subscription see https://www.wallgauge.com/subscription.

 

Termination of Service

WallGauge, LLC reserves the right to terminate this service and stop all support if it decides, in its sole discretion, the endeavor is not profitable or sustainable.  If service is terminated as described in this section and your WallGauge or WallGauge GDT is less than one year old a prorated refund may be offered if requested in writing.