1. Definitions
- Orisha: Automatisation Orisha Inc.
- Client: The purchaser, subscriber or user of the Orisha Control System.
- System: The Orisha Control System, including both hardware and software.
- Subscription: Orisha's ongoing service model.
2. Agreement Scope
These Terms of Service govern the Client's use of the Orisha Control System. By purchasing, subscribing or using the system, the Client agrees to these Terms.
3. System Exclusions
The Orisha Control System expressly excludes:
- Heaters.
- Fans.
- Installation services (unless explicitly stated on the invoice).
- 110/240 V AC wiring.
- Non-standard Orisha components specific to the Client's installation.
- Mounting structures for wind, rain, or sunlight sensors.
- Devices for software interaction (the Client must provide a compatible smartphone or computer).
- Customs duties, import taxes, and brokerage fees for clients outside Canada.
4. Guarantees and Liability Limitations
- Warranty (Purchase Model): Orisha warrants purchased hardware against manufacturing defects for a period of five (5) years from purchase. Tensiometers and the temperature/humidity sensor probe are warranted for one (1) year from purchase.
- Warranty (Subscription Model): Orisha warrants purchased hardware against manufacturing defects for the active Subscription period. Tensiometers and the temperature/humidity sensor probe are warranted for one (1) year from purchase.
- Equipment Ownership (Subscription Model): Equipment provided under a Subscription remains the property of Orisha. Termination of the Subscription is contingent upon Orisha's receipt of all provided equipment, which the Client is responsible for returning at their expense in accordance with Orisha's return procedure, including obtaining a return number.
- Warranty Limitations: This warranty covers manufacturing defects only and excludes damage from: improper connection, water damage, physical misuse, adverse environmental conditions, or electrical surges. The Client is responsible for surge protection. Labor costs for replacing warranted equipment are the Client's responsibility.
- LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOMATISATION ORISHA INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO AGRICULTURAL YIELD LOSS, HARVEST LOSS, OR OTHER FINANCIAL/OPERATIONAL LOSSES ARISING FROM THE SYSTEM'S USE OR PERFORMANCE, EVEN IF CAUSED BY A MANUFACTURING OR OPERATIONAL DEFECT.
5. Defective Equipment Return Process
- FOR WARRANTY-COVERED MANUFACTURING DEFECTS, ORISHA WILL SHIP A REPLACEMENT UPON RECEIVING THE DEFECTIVE UNIT.
- AN EXPEDITED REPLACEMENT OPTION IS AVAILABLE FOR A $500 HOLDING FEE, REFUNDED UPON RECEIPT OF THE FAULTY UNIT.
- All labor costs for replacement are the Client's responsibility.
- Replacement device shipping times may vary. Orisha will bear the cost of return shipping for defective equipment under warranty, provided a return number is obtained.
6. Client Acknowledgements and Responsibilities
By purchasing, subscribing or using Orisha equipment, the Client acknowledges and agrees to:
- Having read and understood the exclusions.
- Having read and understood the warranty terms and liability limitations.
- Reviewing and adhering to provided installation guides.
- Understanding that installation services are excluded unless specified on the invoice.
- Installing all Orisha equipment within 250 feet (approximately 76 meters) of the central controller.
- Ensuring adequate internet connectivity (Wi-Fi, Ethernet, or mobile network as applicable) for the central controller.
- Acknowledging Orisha's access to the client’s system-generated data and its right to use this data for research and development.
9. Entire Agreement
These Terms constitute the complete agreement between Orisha and the Client regarding the subject matter and supersede all prior communications. By proceeding with the purchase, subscription or use of the system, the Client accepts these Terms of Service.
