Terms of Use

Last Updated: March 19, 2025

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the Alice Metrics website or mobile application (the “Service”) operated by Alice Metrics LLC (“Alice”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Your License to Use the Service

Subject to the terms and conditions of these Terms of Use, Alice hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Service in an Authorized Jurisdiction and otherwise view and use the Service to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Service through the certified applications or intended methods that Alice makes available to you. Any access or use of our Service through an application, service, or method provided by a party other than Alice is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination or other legal action. Any other use not authorized herein, or by Alice in writing, is strictly prohibited and a violation of these Terms of Use. Alice may revoke and/or terminate the foregoing license with respect to any aspect of the Service at any time, for any and no reason.

Privacy

Alice will not sell your data to any third party, nor disclose it to any third party other than the third party from which you purchased your gauge, or to any oil company you specify as your oil provider. If you purchased your gauge directly from an oil company, please refer to their privacy policy as to what they will or may do with respect to your personal information, gauge ID, and oil delivery and usage history.

Intellectual Property

The Service and its original content, features and functionality are owned by Alice and are protected by one or more of the following: international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Communications Preferences and Consent

From time to time we may send you communications to the email address associated with your account. These communications may include, but are not limited to, notifications on your tank level, special offers, and other account-related messages. Additionally our Service may, in some circumstances, offer the ability for you to receive push notifications in connection with our Service.

If you would like to modify your ability to receive notifications from our applications, you can control those settings within the app.

By accepting these Terms and using the Service, you expressly consent to the receipt of all such communications from or on behalf of Alice. You may not opt out of receiving account-related or transactional communications.

Product Support

Alice is not obligated to provide technical support, and provides no assurance that any specific errors or discrepancies in the Service will be corrected. Alice may alter the availability of any feature of the Service, or impose new limitations on your use of the Service, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Service. In order to provide the best quality Service to all of our users, we monitor the Service to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Service should we determine it is associated with fraudulent or abusive activities as it relates to the Service. Further we reserve the right to pursue legal action in connection with fraudulent or abusive activities as it relates to the Service. When using the Service, data related to your tank level will be collected and stored for your use of the Service, but we are under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.

SMS Notifications Policy

  1. Consent and Opt-In: Users must provide explicit consent to receive SMS Notifications frm Alice by opting in during the app registration process or through their account settings. Users will be required to provide a mobile phone number to receive SMS notifications. Consent will be recorded and stored securely in accordance with applicable data protection regulations.

  2. Welcome Message and Opt Out Instructions: Upon initial sign-up and providing consent to receive SMS notifications, users will receive a one-time welcome message. The welcome message will include clear notifications on how to opt out of future notifications by replying with the keyword “STOP.” Example message: “Welcome to Alice notification alerts! You will receive notifications when your heating oil level is low or if your device is offline for more than 48 hours. Reply STOP to unsubscribe. See our Terms and Privacy Policy at https://www.myalice.com/terms of use. Msg&data rates may apply.”

  3. Low Oil Tank notifications: Users will receive an SMS notification when their connected oil tank is running low on oil as detected by the Alice heating oil gauge. Low oil tank notifications will be sent no more than once per day to avoid excessive messaging.

  4. Device Offline Notifications: Users will receive an SMS notification when their connected gauge has been offline from WiFi for more than 48 hours. Device offline notifications will be sent no more than once per incident to avoid excessive messaging. Example device offline notification: “Your oil gauge (XXXXXX) has not posted a reading in the past 48 hours - Alice”.

  5. Opt-Out and Unsubscribe: Users can opt out of SMS notifications at any time by replying to any notification message with the keyword “STOP”. Upon receiving the “STOP” keyword, Alice will promptly unsubscribe the user from all future SMS notifications. The user will be sent the Confirmation Message “You have been unsubscribed from Alice notifications. To resubscribe, please update your preferences in the app.”

  6. Message Frequency and Timing: Low oil tank notifications will be sent no more than once per day and not repeated for a given alert level until after a tank refill has been detected. Device offline notifications will be sent no more than once per incident, with a minimum of 48 hours between notifications. Notifications will be sent between the hours of 8:00 am and 8:00 pm in the user’s local time zone to avoid disruptions during late night or early morning hours.

  7. Compliance and Security: All SMS notifications sent by Alice will comply with applicable laws and regulations, including the TCPA (Telephone Consumer Protection Act) and CTIA (Cellular Telecommunications Industry Association) guidelines. User phone numbers and notification preferences will be stored accurately and will not be shared with third parties without explicit consent. Alice will maintain a record of user consent and opt-out request for auditing purposes.

    By adhering to this SMS text notification policy, Alice aims to provide timely and relevant notifications to users while respecting their privacy and communication preferences. The policy ensures compliance with industry standards and regulations, making it suitable for passing a A2P 10DLC campaign requirements.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Alice.

Alice has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Alice shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Disclaimers

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY EXCLUDES SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THE SERVICE (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) IS LICENSED AND PROVIDED “AS IS” AND “AS AVAILABLE”. ANY USE OF THE SERVICE WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALICE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OF IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALICE MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND ALICE DISCLAIMS ANY LIABILITY RELATING THERETO. ALICE MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

ALICE’S CUMULATIVE LIABILITY TO YOU FOR ANY LOSSESS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT THAT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL ALICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ALICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

Indemnification

You agree to defend (at our option), hold harmless, and indemnify Alice from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of these Terms, including your express representations and warranties; (b) your use or misuse of the Service; (c) your alleged or actual infringement or violation of the rights of a third party.

Assignment

Alice may assign these Terms of Use or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign these Terms in whole or in part, for any reason. These Terms will be binding upon and will inure to the benefit of the parties and their heirs, successors, and assigns.

Third Party Beneficiaries

Except with respect to platform providers through which you download or use applications certified by Alice, nothing in these Terms, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

Termination

Alice may terminate or suspend access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms by which their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Delaware, excluding its choice-of-law principles.

Contact Us

If you have any questions about these Terms, please contact us at support@myalice.com.

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