1. Purpose

These Terms of Service (“TOS”) constitute a legally binding agreement between you or the entity you represent (“you” or “your”) and Chiller Trend LLC, a Texas limited liability company (“Chiller Trend”, “we”, “us”, or “our”). By accessing our website, creating an account, or utilizing our Services, you acknowledge and accept these TOS, and you commit to complying with the current version of the following: these TOS, our Acceptable Use Policy, our Refund & Billing Policy, and our Privacy Policy. These Policies are incorporated into the TOS by reference and collectively form the agreement between us. These Policies may be revised periodically, and your continued use of our Services signifies your consent to be bound by any such revisions. The most up-to-date version of these Policies can always be accessed on this page.

2. Services

Chiller Trend offers a cloud-based platform for logging, trending, and analyzing commercial chiller performance data, collectively referred to as the “Services” in these TOS. The Services include web-based data entry forms, performance dashboards, chiller health scoring, PDF report generation, AI-powered analysis tools, and related features. Whether you acquire a Service through a paid subscription, as part of a free tier, or through any other arrangement, all Services are subject to these Policies.

Certain features of the Services may utilize third-party providers (such as AI processing partners), and their terms of service may contain additional provisions that govern your use of those specific features. We reserve the right to modify the specifications or features of the Services at any time. We will make commercially reasonable efforts to inform you of any material changes to the Services.

3. Enrollment; Account Information

Enrollment. By utilizing any of the Services or creating an account, you represent and warrant that you are at least 18 years of age and possess the authority to bind yourself or the entity you represent to these TOS. Prior to using the Services, you confirm and warrant to Chiller Trend that: (i) you possess the necessary experience and knowledge to utilize the Services; (ii) you comprehend and acknowledge the inherent responsibilities associated with the Services; and (iii) you will provide us with any materials required to facilitate the provision of the Services.

Account Information. During account setup, you must provide accurate information. You must keep this information, including your email address, up to date throughout your use of the Services. We shall not be held responsible for any service interruptions or damages resulting from misdirected or blocked email communications caused by outdated account information or circumstances beyond our control.

Account Security. You bear full responsibility for all actions performed using your account credentials, whether executed by yourself or others. The security of your account access, password, and related measures is your sole responsibility. Chiller Trend shall not be held liable for any direct or indirect damages arising from unauthorized account access or use.

Third-Party Data Authority. You represent and warrant that you have all necessary rights, permissions, and authority to submit data to the platform, including data pertaining to third-party properties, equipment, and facilities. If you enter chiller performance data, site information, or other records related to buildings or equipment owned or operated by your clients or other third parties, you represent that you have obtained any required consent or authorization to share such data with Chiller Trend. You agree to indemnify Chiller Trend against any claims arising from your submission of data for which you lacked proper authorization.

4. Term of Agreement; Billing & Payment

Term. For paid subscription plans, delivery of the Services shall commence upon successful payment processing and shall continue for the billing period specified at the time of purchase. For free-tier accounts, the Services commence upon account creation.

Termination. We retain the right to suspend or terminate the Services immediately and without prior notice under the following circumstances: (a) violation of these TOS or any of our Policies; (b) failure to settle outstanding payment obligations; (c) prevention of service disruption; or (d) protection of the integrity of Chiller Trend’s systems or the security of the Services. Any outstanding fees must be settled in full. In the event of suspension or termination due to a violation of these TOS, no credit will be issued and the thirty (30) day data export grace period described in Section 7 may be shortened or waived at Chiller Trend’s sole discretion.

Billing & Payment. For detailed information regarding billing, refunds, and payment processes, please refer to the Refund & Billing Policy section of this document.

5. Use of the Services

Your use of the Services is subject to these TOS, including all Policies. Chiller Trend does not guarantee the uninterrupted or continuous availability of the Services. While we strive to maintain reliable systems, we cannot ensure that the platform will be accessible at all times or that data transmitted will be completely error-free.

6. Data Backups

You are responsible for maintaining copies of any critical data outside of Chiller Trend’s systems. While we implement reasonable backup measures, Chiller Trend shall not be held liable for any data loss or corruption, including in cases of authorized actions, hardware or software failures, or account termination.

7. Ownership and Data Rights

Your Data. You retain ownership of all data you enter into Chiller Trend, including chiller readings, site information, chiller specifications, technician notes, and any other content submitted through the Services.

License Grant to Chiller Trend. By using the Services, you grant Chiller Trend a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to store, process, reproduce, aggregate, anonymize, and use your data for any purpose, including but not limited to: operating and improving the Services; developing benchmarking, analytics, and research products; creating anonymized or aggregated datasets for commercial use, publication, licensing, or sale; and any other lawful purpose. This license survives termination of your account.

Your Right to Access Data. For as long as your account remains active and in good standing, you may access, view, and export the data you have entered into the platform. You may share PDF reports, health scores, and AI-generated analysis with your clients, building owners, facility managers, and other stakeholders in connection with your professional services.

Data Export After Termination. Upon voluntary account cancellation or termination for non-payment, you will have a thirty (30) day grace period to export your data via PDF log sheets and available platform tools. Chiller Trend will make commercially reasonable export tools available during this period. After the grace period, your access to the platform will be permanently revoked. Chiller Trend is under no obligation to maintain or provide access to your data after the grace period, though we may retain data as permitted under the license granted above. For accounts terminated due to TOS violations, the grace period may be shortened or waived at Chiller Trend’s sole discretion as described in Section 4.

Anonymized and Aggregated Data. Chiller Trend may anonymize and aggregate data entered by users to create industry benchmarks, performance analytics, research datasets, and other derivative works. Such anonymized and aggregated data will not identify you, your company, or your clients. Chiller Trend may use, publish, license, or sell anonymized and aggregated data at its sole discretion.

Our Platform. You acknowledge that the underlying technology, software, and intellectual property rights used to provide the Services are owned by Chiller Trend. You are granted a non-exclusive, non-transferable, non-sublicensable license to use the Services under these TOS. Chiller Trend retains all rights, title, and interest in its technology, Services, and all derivative works created therefrom.

8. AI-Generated Content

Certain subscription tiers include AI-powered analysis and recommendations. AI-generated content is provided for informational purposes only and does not constitute professional engineering advice, mechanical inspection, or equipment certification of any kind. All AI-generated findings, severity ratings, action windows, and recommendations are preliminary indicators that must be independently verified by a licensed professional engineer or qualified HVAC technician before any action is taken. You are solely responsible for verifying and acting on any AI-generated recommendations. Chiller Trend is not liable for maintenance decisions, expenditures, equipment damage, or any other outcomes based on AI-generated analysis.

9. Chiller Trend’s Warranty

Chiller Trend warrants that the Services will be performed in accordance with prevailing industry standards. To make a claim for breach of warranty, you must provide written notice to Chiller Trend within thirty (30) days of the alleged breach, specifying the breach in reasonable detail. In the event of a breach, your sole and exclusive remedy is, at Chiller Trend’s discretion, to either (i) re-perform the Services, or (ii) issue you a service credit based on the duration of non-conformity.

10. Disclaimers

EXCEPT FOR THE WARRANTY IN SECTION 9 ABOVE, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Chiller Trend does not warrant that the Services are complete or free from defects or errors. Chiller Trend bears no liability for the accuracy of chiller health scores, AI-generated analysis, or calculated performance metrics. These outputs are derived from user-entered data and are only as accurate as the data provided. Chiller Trend is not liable for unauthorized access, data breaches, or data loss arising from your failure to maintain secure account credentials.

11. Limitation of Liability

In no event shall Chiller Trend be liable to you for any damages, regardless of the form of action or theory of recovery, including but not limited to: (a) data loss, (b) direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if advised of the possibility of such damages, or (c) lost profits, lost revenues, or business interruption losses. In no event will Chiller Trend’s total liability exceed the aggregate fees received from you for the twelve (12) month period immediately preceding the event giving rise to the liability.

12. Indemnification

You agree to indemnify, defend, and hold harmless Chiller Trend, its personnel, and affiliated parties from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or relating to: (i) your use of the Services; (ii) any violation by you of these TOS or any of our Policies; (iii) any breach of your representations or warranties; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS.

13. Notices

Notices shall be sent to you at the email address provided in your account. You are responsible for ensuring that we have your current and accurate email address. For general inquiries, support, and policy questions, please use our contact page.

14. Legal

Compliance with Law. Your use of the Services is subject to applicable laws. It is your responsibility to ensure compliance.

Force Majeure. Neither party shall be held liable for any delay or failure in performance caused by circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics or epidemics, war or terrorism, government actions or orders, labor disputes or strikes, widespread Internet or telecommunications outages, distributed denial of service attacks, or delays of common carriers. Ordinary technical failures, including software bugs, hardware malfunctions, and routine infrastructure issues, are not force majeure events.

Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance of these TOS shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles.

Dispute Resolution. Any dispute, claim, or controversy arising out of or relating to these TOS or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Arbitration shall take place in the State of Texas. The filing party shall pay the initial arbitration filing fees; all other costs shall be allocated by the arbitrator. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

No Waiver. No waiver of any right under these TOS shall be deemed a subsequent waiver of such right.

Assignment. These TOS may be assigned by Chiller Trend but may not be assigned by you without our prior written consent.

Severability. If any term of these TOS is deemed illegal or unenforceable, the remaining terms shall remain fully valid and enforceable.

Survival. Sections 9 through 14 shall continue to remain in effect after termination.

Claims Period. Any action or proceeding against us must be initiated within one (1) year from the date of the Service that forms the basis of the action.

Entire Agreement. These Policies (comprising the Terms of Service, Platform Maintenance Policy, Support Policy, Acceptable Use Policy, Refund & Billing Policy, Privacy Policy, PCI DSS Compliance, and Testimonials & Endorsements sections) constitute the entire agreement between you and Chiller Trend LLC with respect to the Services and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral. No statement, promise, or representation made by any Chiller Trend employee, agent, or representative — including during sales demonstrations, email correspondence, or marketing presentations — shall be binding upon Chiller Trend unless expressly set forth in these Policies.

Feedback and Suggestions. If you submit feature requests, bug reports, enhancement suggestions, or other feedback through the platform, email, or any other channel (“Feedback”), you agree that: (i) Chiller Trend is under no obligation to implement, respond to, or compensate you for any Feedback; (ii) Chiller Trend may use, modify, and incorporate Feedback into the Services or any other products without restriction, attribution, or payment; and (iii) Feedback does not create any confidential relationship or intellectual property obligation from Chiller Trend to you.

1. Purpose

This section outlines Chiller Trend’s Platform Maintenance Policy, which details our practices for maintenance and management of our technology infrastructure.

2. Availability

We strive to ensure the availability of our Services twenty-four (24) hours a day, seven (7) days a week. However, regular maintenance and upgrades (“Scheduled Downtime”) are necessary to maintain efficient and secure operations. You acknowledge that the Services may occasionally be unavailable for maintenance or for reasons beyond our control. We will provide reasonable advance notice of Scheduled Downtime and make reasonable efforts to minimize disruptions.

3. Maintenance

Chiller Trend will make reasonable efforts to advise customers in advance of any predicted extended outages.

Routine Maintenance: Brief downtime that may occur on a weekly basis for updates, patches, and required system restarts. Routine maintenance is typically scheduled during low-usage periods (Sunday mornings, 12:00 AM – 5:00 AM ET). Service outages during routine maintenance are not expected to exceed fifteen (15) minutes.

Comprehensive Maintenance: Longer downtime that occurs monthly or as otherwise scheduled for significant system enhancements and improvements. Typically scheduled for the first Saturday evening of each month. Affected customers will be notified via email.

Emergency Maintenance: Maintenance required when critical situations arise that demand immediate attention. While we make every effort to notify customers in advance, prior notice may not always be feasible.

4. Data Backups

Chiller Trend implements reasonable backup procedures for platform data. However, we assume no liability for any data loss or corruption, including instances arising from authorized actions, hardware or software malfunctions, or account termination. You are solely responsible for maintaining independent copies of critical data.

5. Customer Responsibilities

It is your responsibility to ensure that any integrations or workflows dependent on Chiller Trend are configured to handle brief service interruptions gracefully. Chiller Trend cannot be held accountable for issues arising from scheduled maintenance periods.

1. Purpose

This section outlines Chiller Trend’s Support Policy, describing our support procedures and the expectations we have for our customers.

2. Support Channels

Support is available through the in-platform feedback form (for existing customers) and through our contact page. We are committed to delivering courteous, professional, and technically accurate support.

3. Response Times

We strive to respond to all support inquiries within one (1) business day. Response times may vary based on the complexity of the issue and current support volume. Critical issues affecting platform availability are prioritized.

4. Scope of Support

Chiller Trend support covers:

• Platform functionality and feature usage
• Account management and billing inquiries
• Technical issues with data entry forms and PDF generation
• Questions about health scoring and trend analysis
• Guidance on AI-powered analysis features

Chiller Trend support does not cover:

• HVAC engineering advice or chiller maintenance recommendations
• Interpretation of chiller performance data for specific equipment
• Third-party software or hardware issues
• Custom development or integration work

5. Customer Conduct

We ask that all interactions with our support team be conducted with mutual respect and professionalism. We reserve the right to limit support services in cases of abusive or threatening behavior.

1. Purpose

This is Chiller Trend’s Acceptable Use Policy (“AUP”). This AUP outlines your obligations when using our Services. Our goal is to provide a reliable, secure platform for HVAC professionals while preventing abuse.

2. Appropriate Use

Chiller Trend is designed for use by HVAC professionals, facility managers, building owners, and related parties for the purpose of logging, trending, and analyzing commercial chiller performance data. You agree to use the Services only for their intended purpose.

3. Prohibited Uses

You shall not:

(a) Copy, reproduce, alter, modify, create derivative works from, rent, lease, sell, distribute, or publicly display Chiller Trend, its reports, or any material made available via the Services, except as expressly permitted (such as sharing PDF reports with your clients);

(b) Decompile, disassemble, reverse engineer, or attempt to derive the source code for Chiller Trend or any portion thereof;

(c) Attempt to obtain any information or content from Chiller Trend using any robot, spider, scraper, or other automated means, except as expressly permitted in writing;

(d) Transmit or upload any software viruses or any other code designed to disrupt, damage, or interfere with the proper function of the platform;

(e) Misrepresent or impersonate any person or entity, including any employee or representative of Chiller Trend;

(f) Interfere or attempt to interfere with the proper working of the platform or other users’ access;

(g) Use the platform in any manner that: (i) infringes any intellectual property right or violates any law; (ii) is false, misleading, or inaccurate; (iii) is unlawful, threatening, abusive, or fraudulent; (iv) makes unsolicited communications not authorized by Chiller Trend; or (v) imposes an unreasonable load on Chiller Trend’s infrastructure;

(h) Enter intentionally false or misleading chiller data for the purpose of generating fraudulent reports or misrepresenting equipment condition;

(i) Share account credentials with unauthorized individuals or allow access to the platform by users not registered under your company’s account;

(j) Violate any applicable local, state, national, or international law or regulation.

4. Enforcement

Violations of this AUP may result in suspension or termination of your account. We reserve the right to investigate suspected violations and to take appropriate action, including reporting to law enforcement if necessary.

5. Intellectual Property and DMCA

Chiller Trend respects intellectual property rights. If you believe that content on the platform infringes your copyright or other intellectual property rights, please notify us through our contact page with the following information: (i) a description of the copyrighted work or intellectual property you claim has been infringed; (ii) a description of where the allegedly infringing material is located on the platform; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is not authorized by the owner, its agent, or the law; and (v) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.

Upon receipt of a valid notice, Chiller Trend will investigate and take appropriate action, which may include removing or disabling access to the allegedly infringing material and terminating the accounts of repeat infringers.

6. Reporting Violations

If you believe someone has violated this AUP, please notify us through our contact page with relevant details.

7. Date of Policy

This Acceptable Use Policy was last updated in March 2026.

1. Purpose

This section provides information on how Chiller Trend handles customer charges, refunds, and billing matters related to the Services.

2. Subscription Billing

Chiller Trend offers multiple subscription tiers, including a free tier. Paid plans are billed on a recurring monthly basis. Your subscription will automatically renew at the end of each billing period and you will be charged the applicable subscription fee unless you cancel before the renewal date. You may upgrade, downgrade, or cancel your subscription at any time by contacting us through our contact page or through account management tools within the platform, if available. Cancellation requests must be received before the start of the next billing period to avoid being charged for that period. Upon cancellation, your access to paid features will continue through the end of the current billing period.

3. Responsibility for Payment

You are responsible for all fees associated with your subscription plan once activated. Fees are charged at the beginning of each billing period.

Price Adjustments. We reserve the right to adjust subscription pricing periodically. You will be notified of any pricing changes at least thirty (30) days in advance. Continued use of the Services after a price change constitutes acceptance of the new pricing.

4. Refunds

All sales are deemed final. Refunds may be granted at our sole discretion. Accounts terminated due to violations of the Terms of Service are not eligible for refunds or service credits. No refunds are provided for partial billing periods.

Service credits, if issued, are at our discretion, have no cash value, and expire within ninety (90) days from the date of issuance or upon account termination.

5. Free Tier

The free tier is provided at no cost with limited functionality. Chiller Trend reserves the right to modify or discontinue the free tier at any time. Free tier users are not entitled to service credits or refunds.

6. Billing Errors

If you notice any errors on your invoice, please notify us promptly through our contact page. We will address invoice errors if notified within ninety (90) days.

7. Chargebacks

If a chargeback is received, all services associated with the account will be immediately suspended pending investigation. Chiller Trend reserves the right to reject future payments from accounts that have previously issued chargebacks. Upon receipt of a chargeback, the associated account may be suspended or terminated.

1. Parties

This is Chiller Trend’s Privacy Policy, which outlines how we collect, use, store, and disclose information obtained from our customers and website visitors (“Users”).

2. Purpose

This document describes how we handle both personally identifiable information (“PI”) and anonymous information (“AI”) collected from our Users (collectively, “Information”). We encourage you to review this Privacy Policy carefully.

3. Acceptance

By using our website (chillertrend.com), creating an account, placing an order for our Services, or subscribing to communications, you indicate your acceptance of this Privacy Policy.

4. Changes to Policy

In the event of a material change to this Privacy Policy, we will notify you by email or through the Service. Your continued use of the Services after such changes signifies your acceptance of the updated Policy.

5. Information We Collect

We collect the following types of information:

• Account information: name, email address, company name, and user role
• Chiller and site data: all readings, chiller specifications, site information, and technician notes you enter
• Third-party property data: information about buildings, facilities, and equipment owned or operated by your clients or other third parties, as submitted by you through the platform
• Usage data: login timestamps, feature usage, and session information
• Technical data: browser type, IP address, and device information for security and performance monitoring

Please note that the platform stores information about properties and equipment that may belong to third parties (such as your clients’ buildings and chillers). You are responsible for ensuring you have the necessary authorization to submit such data, as described in our Terms of Service.

6. How We Use Your Information

We use collected information for the following purposes:

• To provide and operate the Chiller Trend platform
• To generate PDF reports, health scores, and AI-powered analysis
• To communicate with you about your account, service updates, and support
• To monitor for security threats and unauthorized access
• To improve the Service based on aggregated and anonymized usage patterns
• To process billing and manage subscriptions

7. AI Data Processing

If you use AI-powered features, your chiller reading data is sent to our AI processing partner to generate health analysis and executive summaries. This data is used solely for generating your requested analysis and is not used to train AI models.

8. Data Storage and Security

Your data is stored on secure servers with the following protections:

• HTTPS encryption for all data in transit
• bcrypt password hashing for account credentials
• CSRF protection against cross-site request forgery
• Session-based authentication with secure token management
• Rate limiting to prevent abuse
• Security monitoring and audit logging for administrative actions

9. Data Breach Notification

In the event of a security breach that results in the unauthorized access, acquisition, or disclosure of your personally identifiable information, Chiller Trend will notify affected users as quickly as possible and in compliance with applicable state and federal laws, including the Texas Identity Theft Enforcement and Protection Act (TX Bus. & Com. Code § 521.053). Notification will be sent to the email address associated with your account. Chiller Trend will also take reasonable steps to investigate the breach, mitigate any harm, and prevent future occurrences.

10. Data Sharing

We do not sell, rent, or trade your personally identifiable information to third parties for direct marketing purposes. We may share data as follows:

• With service providers who assist in operating the platform (such as AI processing partners), under strict data protection agreements
• When required by law or legal process
• To protect the rights, safety, or property of Chiller Trend or its users

As described in our Terms of Service, Chiller Trend may anonymize and aggregate platform data to create industry benchmarks, performance analytics, and derivative datasets. Anonymized and aggregated data does not identify you, your company, or your clients, and may be used, published, licensed, or sold at Chiller Trend’s discretion.

11. Data Retention

We retain your data for as long as your account is active. Upon account termination, we may retain data for a reasonable period to comply with legal obligations, resolve disputes, and enforce our agreements. You may request deletion of your data by contacting us through our contact page.

12. Your Rights

You have the right to:

• Access your personal data while your account is active
• Correct inaccurate personally identifiable information
• Request deletion of your personally identifiable information (name, email, company name, contact details)
• Export your data via PDF log sheets and available platform tools
• Opt out of non-essential communications

Please note that deletion requests apply to your personally identifiable information. As described in our Terms of Service, Chiller Trend retains a perpetual license to anonymized and aggregated data derived from platform usage, which does not identify you, your company, or your clients. Deletion of personally identifiable information does not affect Chiller Trend’s rights to such anonymized data.

13. Cookies and Tracking

Chiller Trend uses session cookies for authentication and user preferences (such as theme selection). We do not use third-party advertising cookies or cross-site tracking.

14. Children’s Privacy

Chiller Trend is not intended for use by individuals under 18. We do not knowingly collect data from children.

15. Your Access to and Ability to Change PI

To request access, updates, or corrections to your personally identifiable information, please contact us through our contact page. For security reasons, we may ask for verification of your identity when processing such requests. You may also modify your information through your account settings within the platform.

16. Contact

For privacy-related questions or requests, contact us through our contact page.

All financial transactions are handled by third-party payment processors. Chiller Trend does not process, store, or transmit credit card data within our systems. As such, our platform is not subject to PCI DSS (Payment Card Industry Data Security Standard) requirements. You should not enter or store credit card information within the Chiller Trend platform, as it is not designed for that purpose. Payment card security is governed by the terms and practices of our third-party payment processors.

You may choose to provide us with a written or verbal endorsement of our Services based on your experience (“Endorsement”). Any Endorsement you provide becomes our property, and we may use it for promotional purposes across various media, including our website, social media, print materials, and other channels. We reserve the right to edit the Endorsement for brevity, provided the edited version remains consistent with your original statement.

By providing your Endorsement, you agree that we may use your first name, last initial, company name (if applicable), and/or job title in connection with the publication of the Endorsement. If you decide that you no longer want us to use your Endorsement, please contact us through our contact page, and we will promptly cease using it upon processing your request.