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 using our Services, you accept these TOS and agree to comply with the current version of 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.

We may revise these Policies periodically. Your continued use of the Services after a policy update means you accept the revised Policies. The most current version of these Policies will be maintained on this page.

2. Services

Chiller Trend provides a cloud-based platform for logging, calculating, trending, comparing, and reporting commercial chiller performance data, collectively referred to as the “Services” in these TOS. The Services may include web-based data entry forms, chiller and site records, calculated performance outputs, diagnostic status indicators, equipment history, dashboards, PDF log sheets, site summaries, administrative tools, billing tools, and related workflow features.

Whether you access the Services through a paid subscription, a free account, an early-access account, a pilot arrangement, or any other arrangement, your use of the Services is subject to these Policies.

We may modify, add, limit, or remove features of the Services over time. We will make commercially reasonable efforts to communicate material changes that affect active users.

3. Enrollment; Account Information

Enrollment. By creating an account or using the Services, you represent and warrant that you are at least 18 years old and that you have authority to bind yourself or the entity you represent to these TOS. You also represent that you possess the experience, training, and judgment necessary to use the Services responsibly in connection with commercial HVAC equipment.

Account Information. During account setup, you must provide accurate information. You must keep your account information, including your email address, current throughout your use of the Services. We are not responsible for service interruptions, missed notices, or damages caused by outdated, inaccurate, blocked, or misdirected account information.

Account Security. You are responsible for all activity performed through your account credentials. You are responsible for protecting your account access, password, device access, and related security measures. Chiller Trend is not liable for damages arising from unauthorized account access caused by your failure to secure your credentials or devices.

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 relating to third-party properties, equipment, buildings, facilities, or customers. If you enter chiller performance data, site information, chiller specifications, or related records for equipment owned or operated by your clients or other third parties, you represent that you have authorization to do so. You agree to indemnify Chiller Trend against claims arising from your submission of data without proper authorization.

4. Term of Agreement; Billing & Payment

Term. For paid subscription plans, delivery of the Services begins after successful payment processing and continues for the billing period selected at purchase. For free, pilot, or early-access accounts, the Services begin when access is granted or the account is created.

Termination. We may suspend or terminate access to the Services immediately and without prior notice if: (a) you violate these TOS or any of our Policies; (b) you fail to pay amounts owed; (c) suspension is necessary to prevent service disruption, security risk, misuse, or system abuse; or (d) suspension is needed to protect Chiller Trend’s systems, users, data, or business interests. Outstanding fees remain due after suspension or termination.

Billing & Payment. For billing, cancellation, refund, and payment rules, see the Refund & Billing Policy section of this document.

5. Use of the Services

Your use of the Services is subject to these TOS and all incorporated Policies. Chiller Trend does not guarantee uninterrupted or continuous availability of the Services. While we work to maintain reliable systems, we do not guarantee that the platform will be available at all times or that data transmission, storage, export, or calculation will be completely error-free.

6. Data Backups

You are responsible for maintaining independent copies of critical data outside of Chiller Trend’s systems. Chiller Trend implements reasonable backup procedures, but we are not liable for data loss, data corruption, unavailable exports, deleted records, account termination, hardware failure, software failure, user error, or authorized account activity.

7. Ownership and Data Rights

Your Data. You retain ownership of data you enter into Chiller Trend, including chiller readings, site information, equipment specifications, technician notes, uploaded records, and related user-submitted content.

Operational License to Chiller Trend. By using the Services, you grant Chiller Trend a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, display, transmit, format, calculate from, export, and otherwise use your data as necessary to provide, secure, support, maintain, improve, and troubleshoot the Services. This license allows Chiller Trend to operate the platform and provide the outputs requested through the Services.

Anonymized and Aggregated Data. Chiller Trend may anonymize and aggregate platform data so it does not identify you, your company, your customers, or specific facilities. Chiller Trend may use anonymized and aggregated data to improve calculations, evaluate product performance, develop benchmarks, study common operating patterns, and improve the Services. We do not sell customer-identifying chiller data, account data, or facility-identifying data.

Your Right to Access Data. While your account is active and in good standing, you may access, view, and export data you have entered using available platform tools. You may share PDF log sheets, calculated outputs, trend summaries, site summaries, and platform-generated reports 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, Chiller Trend may provide a thirty (30) day grace period to export available data through PDF log sheets and other available platform tools. After the grace period, access may be revoked. Chiller Trend is under no obligation to maintain or provide access to your data after the grace period. For accounts terminated due to TOS violations, misuse, security concerns, or prohibited activity, the grace period may be shortened or waived at Chiller Trend’s discretion.

Our Platform. The underlying technology, software, formulas, workflows, user interface, database structure, report formats, diagnostic logic, calculation sequences, and other intellectual property used to provide the Services are owned by Chiller Trend or its licensors. You receive a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services in accordance with these TOS. Chiller Trend retains all rights, title, and interest in its technology, Services, and derivative works.

8. Platform Outputs and Professional Judgment

Chiller Trend outputs are generated from user-entered data, site data, equipment data, design values, formulas, calculated values, comparison logic, and available history. These outputs are provided for informational and workflow-support purposes only. They do not constitute professional engineering advice, mechanical inspection, equipment certification, commissioning, code compliance review, warranty determination, or a substitute for qualified field judgment.

Calculated outputs, diagnostic status indicators, trend summaries, site summaries, and report text must be reviewed by a qualified HVAC professional before being used to make maintenance, repair, operational, financial, or capital expenditure decisions. You are solely responsible for verifying readings, confirming sensor accuracy, evaluating site conditions, and deciding what action, if any, should be taken.

9. Chiller Trend’s Warranty

Chiller Trend warrants that the Services will be performed in a commercially reasonable manner. To make a claim for breach of warranty, you must provide written notice to Chiller Trend within thirty (30) days of the alleged breach, describing the issue in reasonable detail. If a breach is confirmed, your sole and exclusive remedy is, at Chiller Trend’s discretion, either: (i) re-performance of the affected Services; or (ii) a service credit based on the duration and scope of the non-conformity.

10. Disclaimers

EXCEPT FOR THE LIMITED WARRANTY IN SECTION 9, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR UNINTERRUPTED AVAILABILITY.

Chiller Trend does not warrant that calculated outputs, diagnostic status indicators, trend summaries, site summaries, PDF log sheets, or reports will be error-free, complete, or suitable for every site condition. Outputs are derived from user-entered data and available platform logic. They are only as reliable as the data provided, the measurement methods used, the design values entered, and the professional review applied.

Chiller Trend is not liable for maintenance decisions, operational changes, equipment damage, lost energy savings, incorrect readings, omitted readings, inaccurate site data, sensor errors, data entry errors, unauthorized access, data breaches caused by user credential failure, or decisions made without qualified field verification.

11. Limitation of Liability

In no event shall Chiller Trend be liable to you for 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; (c) lost profits, lost revenues, lost savings, or business interruption losses; or (d) equipment damage, repair costs, replacement costs, or operational losses, even if Chiller Trend was advised of the possibility of such damages. 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, contractors, representatives, and affiliated parties from and against claims, damages, losses, liabilities, and expenses, including reasonable attorney’s fees, arising out of or relating to: (i) your use of the Services; (ii) your violation of these TOS or any Policy; (iii) your breach of representations or warranties; (iv) your submission of data without proper authorization; (v) your use or sharing of platform outputs; or (vi) your maintenance, operational, financial, or customer-facing decisions. This section survives termination of these TOS.

13. Notices

Notices will be sent to the email address associated with your account. You are responsible for maintaining a current and accurate email address. For general inquiries, support, and policy questions, use our contact page.

14. Legal

Compliance with Law. Your use of the Services is subject to applicable laws, rules, regulations, site policies, customer requirements, and professional obligations. You are responsible for ensuring compliance.

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

Choice of Law, Jurisdiction, and Venue. These TOS shall be governed by the laws of the State of Texas, United States of America, without regard to 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 Texas. The filing party shall pay the initial arbitration filing fees; all other costs shall be allocated by the arbitrator. 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 prior written consent.

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

Survival. Sections concerning ownership, data rights, disclaimers, limitation of liability, indemnification, dispute resolution, and other provisions that by their nature should survive termination shall remain in effect after termination.

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

Entire Agreement. These Policies constitute the entire agreement between you and Chiller Trend LLC with respect to the Services and supersede prior or contemporaneous agreements, proposals, representations, and understandings, whether written or oral. No statement, promise, or representation made by any Chiller Trend employee, agent, contractor, or representative, including during sales demonstrations, email correspondence, marketing presentations, or informal communications, shall be binding unless expressly stated in these Policies or in a written agreement signed by Chiller Trend.

Feedback and Suggestions. If you submit feature requests, bug reports, enhancement suggestions, comments, or other feedback (“Feedback”), you agree that Chiller Trend may use, modify, and incorporate Feedback into the Services or other products without restriction, attribution, compensation, or obligation. Feedback does not create a confidential relationship or intellectual property obligation from Chiller Trend to you.

1. Purpose

This section describes Chiller Trend’s platform maintenance practices for managing, updating, and supporting the technology infrastructure used to provide the Services.

2. Availability

We strive to make the Services available twenty-four (24) hours a day, seven (7) days a week. However, maintenance, upgrades, security work, vendor outages, infrastructure issues, and events beyond our control may occasionally make the Services unavailable. We will make reasonable efforts to provide advance notice of scheduled downtime and to minimize disruption.

3. Maintenance

Routine Maintenance: Brief downtime may occur for updates, patches, backups, required restarts, security improvements, or performance improvements. Routine maintenance is generally scheduled during low-usage periods when practical.

Comprehensive Maintenance: Longer downtime may occur for significant system upgrades, platform changes, migrations, or infrastructure work. Affected users will be notified when practical.

Emergency Maintenance: Emergency maintenance may be required to address security issues, critical defects, outages, data integrity risks, or platform stability issues. Prior notice may not always be possible.

4. Data Backups

Chiller Trend implements reasonable backup procedures for platform data. However, backups are not a substitute for your own recordkeeping. You are responsible for maintaining independent copies of critical records, reports, logs, exports, and customer deliverables.

5. Customer Responsibilities

You are responsible for ensuring that your workflows, customer commitments, inspection processes, and reporting obligations can tolerate occasional platform interruptions. Chiller Trend is not responsible for issues arising from your reliance on uninterrupted access to the Services.

1. Purpose

This section describes Chiller Trend’s support practices and the expectations we have for users seeking support.

2. Support Channels

Support is available through the in-platform feedback form for existing users and through our contact page. We aim to provide professional, practical, and technically accurate support for platform-related issues.

3. Response Times

We strive to respond to support inquiries within one (1) business day. Response times may vary based on issue complexity, account type, current support volume, and severity. Critical issues affecting platform availability or account access are prioritized.

4. Scope of Support

Chiller Trend support covers:

• Platform functionality and feature usage
• Account access, account management, and billing questions
• Technical issues with data entry forms, calculations, exports, and PDF generation
• Questions about how platform outputs are generated or displayed
• Issues affecting saved records, site setup, chiller setup, or report generation

Chiller Trend support does not cover:

• Professional engineering advice
• Equipment certification, commissioning, or code compliance determinations
• Site-specific maintenance decisions or repair instructions
• Replacement of OEM manuals, manufacturer service procedures, or qualified field judgment
• Third-party software, hardware, BAS, controls, sensors, instruments, or network issues
• Custom development, custom integrations, or custom reporting unless separately agreed in writing

5. Customer Conduct

We ask that all support interactions be conducted with professionalism and respect. We reserve the right to limit or refuse support in cases of abusive, threatening, harassing, fraudulent, or bad-faith conduct.

1. Purpose

This Acceptable Use Policy (“AUP”) describes your obligations when using the Services. Our goal is to provide a reliable, secure platform for HVAC professionals while preventing misuse, abuse, unauthorized access, and improper handling of sensitive information.

2. Appropriate Use

Chiller Trend is designed for HVAC professionals, service contractors, facility managers, building owners, and related parties to log, calculate, trend, compare, and report commercial chiller performance data. You agree to use the Services only for lawful, authorized, and intended purposes.

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, its interface, its workflows, or material made available through the Services, except as expressly permitted, such as sharing generated reports with your clients in the ordinary course of professional services;

(b) Decompile, disassemble, reverse engineer, scrape, copy, map, or attempt to derive source code, database structure, calculation logic, diagnostic logic, report logic, or any non-public portion of Chiller Trend;

(c) Attempt to obtain information or content from Chiller Trend using bots, scrapers, spiders, automated extraction tools, bulk-download tools, or other automated methods except as expressly permitted in writing;

(d) Upload or transmit viruses, malicious code, ransomware, corrupted files, or code designed to disrupt, damage, disable, overload, or interfere with the platform;

(e) Misrepresent your identity, company, authority, customer relationship, or permission to submit data;

(f) Interfere with the proper operation of the platform or other users’ access;

(g) Use the platform in a manner that violates law, infringes intellectual property rights, is false or misleading, is abusive or fraudulent, sends unauthorized communications, or imposes unreasonable load on Chiller Trend infrastructure;

(h) Enter intentionally false, manipulated, or misleading chiller data for the purpose of creating fraudulent reports, misrepresenting equipment condition, misleading customers, or manipulating outcomes;

(i) Share account credentials with unauthorized users or allow access by individuals not authorized under your account or company arrangement;

(j) Enter patient information, medical records, resident records, BAS passwords, usernames, remote access credentials, private network diagrams, security-sensitive screenshots, or other information not needed to evaluate chiller performance;

(k) Use the Services to store regulated data that Chiller Trend has not expressly agreed in writing to process or store;

(l) Violate 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 may investigate suspected violations and take appropriate action, including restricting access, removing content, preserving evidence, notifying affected parties, or reporting suspected unlawful conduct to appropriate authorities.

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, notify us through our contact page with: (i) a description of the copyrighted work or intellectual property allegedly infringed; (ii) a description of where the allegedly infringing material is located; (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