END USER LICENSE AGREEMENT
Last Updated: October 17, 2025
INTRODUCTION
This End User License Agreement ("Agreement" or "EULA") is a legal agreement between you (referred to as "User," "you," or "your") and [I-HVACR] ("Company," "we," "us," or "our"), for the use of our data analytics software, services, applications, and related content (collectively, the "Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you must not access or use the Service.
1. LICENSE GRANT
Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes only. This license is personal to you and cannot be shared with others without our explicit written consent.
2. RESTRICTIONS
You agree that you will not:
a) Copy, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service;
b) Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Service;
c) Use the Service to process data in violation of any applicable law or regulation;
d) Sell, rent, lease, sublicense, distribute, or otherwise transfer rights to the Service;
e) Use the Service to transmit any malware, spyware, or other malicious code;
f) Use the Service to access, store, or transmit material that infringes intellectual property rights;
g) Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service;
h) Attempt to gain unauthorized access to the Service or related systems or networks;
i) Use any automated means, including bots, scrapers, or spiders, to access the Service.
3. DATA RIGHTS AND PRIVACY
a) Your Data: You retain all rights to any data you input into the Service ("User Data"). You grant the Company a non-exclusive, worldwide, royalty-free license to use, process, and store User Data solely as necessary to provide and maintain the Service.
b) HVAC and Technical Data: You represent and warrant that you have all necessary rights, consents, and permissions to provide us with any HVAC equipment data, including but not limited to pressure, temperature, and electrical data, and to permit us to process such data as contemplated by this Agreement.
c) Privacy: Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.
d) Data Security: We implement reasonable security measures designed to protect User Data from unauthorized access or disclosure. However, no data transmission or storage system is 100% secure, and we cannot guarantee absolute security.
e) Machine Learning and AI: The Service may incorporate machine learning and artificial intelligence technologies to analyze data. You acknowledge that such technologies may improve through use, and you consent to our use of your anonymized and aggregated data to improve our algorithms and services.
4. INTELLECTUAL PROPERTY
a) All intellectual property rights in the Service, including but not limited to all software, algorithms, user interfaces, trademarks, and content, are and shall remain the exclusive property of the Company or its licensors.
b) Feedback: If you provide suggestions, ideas, or feedback about the Service ("Feedback"), the Company will have the right to use such Feedback without restriction or compensation to you.
5. SUBSCRIPTION AND PAYMENT
a) You agree to pay all fees associated with the Service as specified in your subscription plan.
b) All payments are non-refundable except as expressly provided in this Agreement or required by law.
c) The Company reserves the right to modify pricing upon reasonable notice for future subscription periods.
6. TERM AND TERMINATION
a) This Agreement will remain in effect until terminated by either party.
b) You may terminate this Agreement by cancelling your account and ceasing all use of the Service.
c) The Company may terminate this Agreement at any time if you breach any provision of this Agreement.
d) Upon termination, all licenses granted under this Agreement will immediately terminate, and you must cease all use of the Service.
e) Sections relating to Intellectual Property, Limitation of Liability, Indemnification, and any other provisions that by their nature should survive, will survive termination.
7. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING USER DATA, WILL BE SECURE OR NOT LOST OR ALTERED.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Service; (b) your User Data; (c) your violation of this Agreement; or (d) your violation of any rights of another person or entity.
10. GOVERNING LAW AND DISPUTE RESOLUTION
a) This Agreement shall be governed by and construed in accordance with the laws of Connecticut, without regard to its conflict of laws principles.
b) Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of Connecticut Law in Connecticut. The language of arbitration shall be English.
c) Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
11. MISCELLANEOUS
a) Entire Agreement: This Agreement constitutes the entire agreement between you and the Company regarding the Service and supersedes all prior agreements and understandings.
b) Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
c) Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
d) Assignment: You may not assign this Agreement or any rights or obligations hereunder without the Company's prior written consent. The Company may assign this Agreement without your consent.
e) Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control.
f) Updates to Agreement: The Company reserves the right to update this Agreement from time to time. We will notify you of material changes and, if required by applicable law, obtain your consent.
g) Contact Information: If you have any questions about this Agreement, please contact us at [info@i-HVACR.com].
By using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
i-HVACR
408 Somers Rd. Unit B
Ellington, CT 06029