Terms of Service

1. Definitions

In these Terms of Service ("Terms"):

• "LarsCo," "we," "us" means LarsCo LLC, a South Dakota limited liability company.
• "Service" means ROAMiQ Cloud, including cloud.roamiq.com and any related APIs, dashboards, and supporting infrastructure.
• "ROAMiQ Hardware" means the physical products LarsCo sells under the ROAMiQ brand (Display Screen, Hub, ROAMiQ Chips, motor relays, dimmers, and related hardware). ROAMiQ Hardware is sold under its own end-user license and is not governed by these Terms.
• "Device" means a single Home Assistant installation paired to the Service via the ROAMiQ Cloud add-on.
• "Subscription" means a recurring paid plan (Connect, Protect, or Genius) and the rights it grants.
• "Content" means any data you transmit through or store in the Service, including Home Assistant backups, backup manifests, configuration, and telemetry.

2. Eligibility

You must be at least 18 years old (or the age of majority in your state) and a resident of the United States to use the Service. We enforce US-only access at the network edge; if you are accessing the Service from outside the US you must stop using the Service. If you accept these Terms on behalf of an organization, you represent that you are authorized to bind it.

3. Account & security

You are responsible for the accuracy of the information in your account, for safeguarding your credentials, and for all activity that occurs under your account. We strongly recommend that you enable multi-factor authentication. You must promptly notify us of any suspected unauthorized access at [email protected].

4. Subscription, billing, and taxes

Subscriptions are billed in advance on a monthly or annual basis via Stripe, Inc. LarsCo is the merchant of record. Subscriptions renew automaticallyat the end of each billing period at the then-current price until cancelled. We will provide at least 30 days' notice of any pricing change before it applies to your renewals.

LarsCo collects and remits sales, use, and similar transaction taxes where required by applicable law ( South Dakota v. Wayfair, Inc., 585 U.S. 162 (2018)). Taxes may be added to your invoice based on your billing address.

If a payment fails and remains uncured after a grace period, we may downgrade your tier or suspend the Service until payment is received.

5. Free trial

New customers may be offered a time-limited free trial (for example, a 14-day trial of the Genius plan). Unless you cancel before the trial ends, your Subscription will convert to a paid plan and the then-current price will be charged to your payment method. We may modify, restrict, or discontinue trial offers at any time with reasonable notice.

6. Cancellation & refunds

You may cancel a Subscription from your account dashboard at any time; cancellation takes effect at the end of the current billing period and you retain access through that date. No prorated refunds are provided for partial periods.

7-day refund. Within seven (7) days of your first paid Subscription on a given LarsCo account, you may request a full refund of that Subscription, once per account, by emailing [email protected] — no questions asked. See our Refund Policy for exclusions.

7. Acceptable use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated here by reference. Material violations may result in suspension or termination.

8. Tunnels and remote access

The Service provisions Cloudflare-backed network tunnels to your Device for remote access. Tunnel availability and latency depend on your Device being online, your local network, Cloudflare's network, and Home Assistant. We do not warrant uninterrupted availability and do not provide a service-level agreement at the Connect, Protect, or Genius tiers.

We do not inspect the contents of tunnel traffic and do not store payload data beyond what is necessary to route the connection. Processing of communications by the Service occurs solely in the ordinary course of providing the Service under 18 U.S.C. § 2511(2)(a)(i). We do not intercept communication content except as required by law or expressly consented to by all parties.

9. AI features and usage limits

a. What the AI features are.Some plans include AI-assisted features ("ROAMiQ AI," including the in-dashboard Assistant and Builder). These features relay your requests to third-party large-language-model providers and return generated output. They are provided on a reasonable-use basis and are not guaranteed to be accurate, complete, or available.

b. Metering and logging. We meter and log your use of the AI features — including request counts, input and output token usage, and which model was used — in order to operate, secure, bill, support, and improve the Service. We log usage metadata only; we do not retain the content of your AI prompts or the generated responses for this purpose. See the Privacy Policy for details.

c. Fair use, rate limits, and caps. We reserve the right to apply fair-use limits, rate limits, throttling, and usage caps to the AI features; to vary those limits by plan; and to change them over time. We may enforce these limits by slowing, queuing, temporarily suspending, or declining AI requests that exceed the applicable allowance, and we may take action against use that we reasonably determine to be abusive, automated at scale, or intended to circumvent these limits.

d. Third-party providers.The AI features depend on third-party model providers and their availability, and are subject to those providers' terms. We may add, remove, substitute, or change models, and we may modify, restrict, or discontinue the AI features, with reasonable notice for material changes.

10. Your content and license to LarsCo

You retain ownership of your Content. You grant LarsCo a limited, worldwide, royalty-free license to host, transmit, secure, analyze, and process Customer Content solely to provide, maintain, protect, improve, and develop the Service.

LarsCo may create and use aggregated, de-identified, or anonymized data for analytics, benchmarking, diagnostics, product development, and AI/ML model training, provided LarsCo does not attempt to re-identify it and contractually requires sub-processors to observe the same restriction. LarsCo will not use identifiable Customer Content to train AI/ML models without separate opt-in consent.

The license above terminates when you delete your account, but aggregated and de-identified derivatives survive deletion.

11. Safety-critical disclaimer

This Section 11 is the most important provision in these Terms. Read it carefully.

a. Cloud is not a safety system. ROAMiQ Cloud is a remote-access relay. It is not designed, certified, or warranted for use as a fire, smoke, carbon-monoxide, intrusion, medical, freeze, or life-safety alarm. Do not rely on Cloud notifications or remote visibility for any purpose where delay, failure, or absence could result in injury, illness, death, or property damage. You must maintain independent UL-listed alarms and on-vehicle safeguards.

b. Remote actuation is at your own risk. When you use the Service to trigger Home-Assistant automations or entities that actuate physical hardware — including but not limited to locks, latches, motors, windows, vents, fans, water heaters, water pumps, HVAC, heaters, dimmers, propane valves, and any 12V/120V loads — you are solely responsible for the consequences. You must verify the state of the vehicle, the presence of people and pets, environmental conditions, and the safe state of all connected devices before commanding actuation.

c. Specific known hazards on integrated hardware: dry-firing water heaters when no water is present (e.g., certain Duoetto Gen 3 models); pinch / crush from window or dome motors; thermal runaway from heaters left on; battery damage from BMS overrides. ROAMiQ Cloud does not arbitrate or override hardware-level interlocks; you must not bypass them.

d. No guarantee of delivery, latency, or order. Commands and notifications may be delayed, dropped, duplicated, re-ordered, or lost entirely. Networks fail. Tunnels disconnect. Power goes out. Plan for it.

e. You agree to indemnify and hold LarsCo harmless from any claim arising out of your use of remote actuation, including third-party claims by occupants, bystanders, and property owners. See Section 18.

f. Non-waivable carve-out. Nothing in these Terms limits liability that cannot be limited by applicable law, including liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by LarsCo's negligence (cf. Henningsen v. Bloomfield Motors, Inc., 161 A.2d 69 (N.J. 1960); Restatement (Third) of Torts: Products Liability §§ 1–2). This carve-out exists to preserve enforceability of the remainder of this Section; it does not narrow the operator-responsibility regime above.

12. Service availability

The Service is provided as-is and as-available at the Connect, Protect, and Genius tiers. A formal service-level agreement may be offered to enterprise or fleet customers under a separate written agreement.

13. Third-party integrations

The Service interoperates with third-party software, hardware, and services — including Home Assistant, ESPHome, Stripe, Cloudflare, Supabase, Microsoft 365, and any device or integration you connect via Home Assistant. Those third parties are governed by their own terms and privacy policies. LarsCo is not responsible for their acts, omissions, or availability. ROAMiQ Hardware is sold under a separate end-user license and is not covered by these Terms.

14. Intellectual property

a. Ownership. The Service, its software, firmware, panel APKs, hardware designs, the ROAMiQ Cloud add-on and any other client or add-on software LarsCo makes available to you (the "Add-on Software"), the APIs, network protocols, and message formats used to communicate with the Service, the marks ("ROAMiQ," "Roam IQ"), and the documentation are owned by LarsCo or its licensors and are protected by intellectual-property and trade-secret law. All rights not expressly granted are reserved.

b. Add-on Software license. LarsCo grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Add-on Software solely to connect Device(s) you own or control to the Service during your Subscription. The Add-on Software is licensed, not sold, and this license ends when your Subscription or these Terms end.

c. Restrictions. You may not (and may not permit or enable any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Add-on Software or the Service, except to the limited extent this restriction cannot be waived under applicable law; (ii) copy, modify, distribute, sell, sublicense, rent, lease, or create derivative works of the Add-on Software or the Service; (iii) remove, obscure, or alter any proprietary notices; (iv) tamper with, scrape, probe, or attempt unauthorized access to the Service or to other tenants; or (v) circumvent or attempt to circumvent any authentication, rate limit, usage cap, or security measure.

d. No competing use. You may not use the Add-on Software, the Service, or the APIs, network protocols, message formats, or observed behavior of either — whether obtained by inspection, network monitoring, reverse engineering, or automated means, including the use of AI or machine-learning tools — to design, develop, train, or operate any product or service that competes with or is substantially similar to the Service. You may not resell or rebrand the Service or the Add-on Software except under a separate written enterprise agreement with LarsCo.

e. Home Assistant carve-out. These restrictions apply to the Add-on Software and the Service only. Nothing here limits your rights in Home Assistant, ESPHome, or other open-source software, or in your own Home Assistant configurations and Content.

15. Termination

You may terminate your account at any time from /account/delete. LarsCo may terminate or suspend access for breach of these Terms, fraud, abuse, non-payment, or for the discontinuation of the Service (with at least 30 days' notice). On termination, your right to use the Service ends and your Content is handled per the Privacy Policy retention table.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OF CONTENT. LARSCO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE AGAINST EVERY POSSIBLE ATTACK, OR THAT DEFECTS WILL BE CORRECTED.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LARSCO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF DATA; LOST PROFITS; OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OF THE SERVICE, REGARDLESS OF THE LEGAL THEORY.

LarsCo's total aggregate liability for any claim arising out of or related to the Service shall not exceed the greater of (i) one hundred US dollars (US $100) or (ii) the fees you paid to LarsCo in the twelve (12) months immediately preceding the event giving rise to the claim.

Non-waivable carve-outs.The limitations above do not apply to the extent prohibited by applicable law, including for gross negligence, willful misconduct, fraud, statutory privacy-law violations, intellectual-property infringement by LarsCo, or death or personal injury caused by LarsCo's negligence.

18. Indemnification

You will defend, indemnify, and hold harmless LarsCo and its officers, directors, employees, and agents from and against any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your use of the Service, (b) your remote actuation of physical hardware via Home Assistant, (c) your violation of these Terms or any applicable law, or (d) your infringement of any third-party right.

19. Governing law and dispute resolution

These Terms are governed by the laws of the State of South Dakota, without regard to its conflict-of-laws principles. Subject to the arbitration provision below, the state and federal courts located in Minnehaha County, South Dakota will have exclusive jurisdiction over any dispute arising out of or related to these Terms.

Mandatory binding individual arbitration. Except as carved out below, any dispute arising out of or related to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Sioux Falls, South Dakota. Judgment on the award may be entered in any court having jurisdiction.

Class-action waiver. YOU AND LARSCO AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION.

Public injunctive relief. Nothing in this Section prohibits a user from seeking public injunctive relief in a court of competent jurisdiction (McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)).

Small-claims carve-out. Either party may bring an individual action in small-claims court in the county where the consumer resides.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice within 30 days of your first acceptance of these Terms to [email protected] with the subject line "Arbitration Opt-Out." Notice must include your name, the account email, and a statement that you opt out of arbitration.

20. Force majeure

Neither party will be liable for any delay or failure caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labor actions, electrical or telecommunications outages, or government-mandated restrictions.

21. General

These Terms (together with the Privacy Policy, Acceptable Use Policy, Refund Policy, and Cookie Policy referenced herein) constitute the entire agreement between you and LarsCo regarding the Service. If any provision is held unenforceable, the remainder will remain in effect. LarsCo's failure to enforce any right is not a waiver. You may not assign these Terms; LarsCo may assign these Terms in connection with a merger, acquisition, or sale of assets. Notices may be delivered by email. English is the controlling language.

22. Changes to these Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' advance notice by email and via an in-product banner, and we may require an in-product re-acceptance gate before the effective date. Your continued use of the Service after the effective date constitutes acceptance of the new Terms.

23. Contact

LarsCo LLC · Sioux Falls, South Dakota · [email protected]