Terms of Service

Effective Date: January 1, 2024

These Terms of Service ("Terms") govern your access to and use of RTU Tracker's web application and services ("Service") operated by RTU Tracker ("we," "our," or "us"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Service.

2. Description of Service

RTU Tracker is a web-based application designed to help commercial property managers track and manage HVAC rooftop units (RTUs). Our Service includes features such as:

• Equipment inventory management
• Warranty tracking and alerts
• Preventive maintenance scheduling
• Service record management
• Document storage and organization
• Reporting and analytics

3. User Accounts and Registration

Account Creation

To use our Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Security

You agree to:

• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized use of your account
• Use strong passwords and enable two-factor authentication when available
• Accept responsibility for all activities under your account

4. Subscription Plans and Billing

Subscription Terms

Our Service is offered through various subscription plans. By subscribing, you agree to pay the applicable fees and charges for your selected plan.

Payment and Billing

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due immediately upon subscription or renewal
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your payment method for all applicable fees

Price Changes

We may change our pricing at any time. Price changes will take effect at your next billing cycle, and we will provide at least 30 days' notice of any price increases.

5. Acceptable Use Policy

You agree not to use our Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our Service
• Use our Service for any unlawful or prohibited purpose
• Resell or redistribute our Service without permission
• Reverse engineer or attempt to extract source code

6. User Content and Data

Your Data

You retain ownership of all data and content you upload to our Service ("Your Data"). By using our Service, you grant us a limited license to process, store, and display Your Data as necessary to provide our Service.

Data Responsibility

You are responsible for:

• The accuracy and legality of Your Data
• Maintaining backups of Your Data
• Ensuring you have the right to upload and use Your Data
• Complying with applicable data protection laws

7. Intellectual Property Rights

Our Service and all related content, features, and functionality are owned by RTU Tracker and are protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or brand elements without our prior written consent.

8. Service Availability and Support

Service Level

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. We may perform maintenance, updates, or modifications that may temporarily affect Service availability.

Support

Support is provided according to your subscription plan. We will make reasonable efforts to respond to support requests in a timely manner.

9. Termination

Termination by You

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period.

Termination by Us

We may suspend or terminate your account if you violate these Terms or for any other reason at our discretion. Upon termination, your access to the Service will cease immediately.

Data Retention

Following termination, we will retain Your Data for 30 days to allow for account reactivation. After this period, Your Data may be permanently deleted.

10. Disclaimers and Limitations of Liability

Service Disclaimer

Our Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, RTU Tracker shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses resulting from your use of our Service.

11. Indemnification

You agree to indemnify, defend, and hold harmless RTU Tracker from and against any claims, damages, losses, costs, and expenses arising from your use of our Service, violation of these Terms, or infringement of any third-party rights.

12. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information when you use our Service.

13. Changes to Terms

We may modify these Terms at any time. We will notify users of material changes by email or through our Service. Your continued use of our Service after such modifications constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our Service will be resolved through binding arbitration in Denver, Colorado.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

16. Contact Information

If you have any questions about these Terms, please contact us: