Terms of Service

Welcome to ThermaTalk ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the ThermaTalk AI heating and cooling assistant service, including our website, mobile applications, APIs, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

Please read these Terms carefully before using the Service. If you do not agree to these Terms, you may not access or use the Service.

2.1 Service Description

ThermaTalk provides an AI-powered communication service for heating, cooling, and insulation businesses that handles customer inquiries through various channels including phone calls, text messages, emails, and website chats. The Service is designed to respond to customer inquiries, provide information, schedule appointments, and transfer communications to human representatives when appropriate.

2.2 Account Registration

To use certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

2.4 Service Availability

While we strive to provide uninterrupted service, we do not guarantee that the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.

3.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate ThermaTalk, a ThermaTalk employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm ThermaTalk or users of the Service.

3.2 Account Security

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security.

3.3 Accurate Information

You agree to provide accurate and complete information when using the Service, including information about your business, services, pricing, and availability. You are responsible for maintaining the accuracy of this information and for any consequences resulting from inaccurate information.

4.1 Subscription Plans

ThermaTalk offers various subscription plans with different features and pricing. The specific features, limitations, and pricing of each plan are described on our website or in your service agreement.

4.2 Billing and Payment

By subscribing to a paid plan, you agree to pay all fees associated with your selected plan. We will bill you on a recurring basis (monthly, annually, or as otherwise specified in your plan) until you cancel your subscription. Payment must be made using a valid payment method. You authorize us to charge your payment method for all fees incurred.

4.3 Price Changes

We may change the fees for our Service at any time. If we increase fees for your current subscription plan, we will provide notice at least 30 days before the change takes effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the modified fee amount.

4.4 Refunds

All fees are non-refundable except as expressly provided in these Terms or as required by applicable law. In the event of service outages or failures that violate our service level agreement, credits may be issued as specified in your service agreement.

4.5 Taxes

All fees are exclusive of taxes, which we will charge as applicable. You are responsible for paying all taxes associated with your use of the Service, except for taxes based on ThermaTalk's net income.

5.1 Privacy Policy

Our Privacy Policy, which is incorporated into these Terms by reference, describes how we collect, use, and share information. By using the Service, you agree to our collection, use, and sharing of information as described in our Privacy Policy.

5.2 Customer Data

You retain all rights to the data you provide to us or that we collect on your behalf through the Service ("Customer Data"). You grant us a non-exclusive, worldwide, royalty-free license to use, copy, transmit, store, and back up your Customer Data for the purpose of providing the Service to you and for improving our Service generally.

5.3 Data Security

We implement appropriate technical and organizational measures to protect your Customer Data against unauthorized or unlawful processing, accidental loss, destruction, or damage. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

5.4 Compliance with Laws

Both parties agree to comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the Health Insurance Portability and Accountability Act (HIPAA), as applicable.

5.5 Data Processing Agreement

If required by applicable law, we will enter into a data processing agreement with you that governs our processing of personal data on your behalf.

6.1 ThermaTalk Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of ThermaTalk and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ThermaTalk.

6.2 License to Use the Service

Subject to these Terms, ThermaTalk grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes.

6.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free license to use, modify, and incorporate such Feedback into our products and services.

6.4 Third-Party Intellectual Property

The Service may contain content provided by third parties that is subject to separate terms and conditions. You are responsible for complying with any applicable third-party terms.

7.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERMATALK DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THERMATALK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

7.3 Cap on Liability

IN ANY CASE, THERMATALK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THERMATALK DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

7.4 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

8.1 Term

These Terms will remain in effect until terminated by you or ThermaTalk.

8.2 Termination by You

You may terminate your account and these Terms at any time by contacting us or by following the cancellation procedures in your account settings. Termination will be effective at the end of your current billing cycle, and you will not receive a refund for any fees already paid.

8.3 Termination by ThermaTalk

ThermaTalk may terminate or suspend your account and these Terms at any time, with or without cause, and with or without notice. Causes for termination may include, but are not limited to:

• Violation of these Terms
• Failure to pay fees when due
• Fraudulent, illegal, or harmful activities
• Requests by law enforcement or government agencies

8.4 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data
• Any outstanding payment obligations will remain in effect
• Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

8.5 Data Retention and Export

Upon termination, we may retain your Customer Data for a commercially reasonable period of time for backup, archival, or audit purposes. You may request export of your Customer Data before termination, subject to our data export policies and applicable fees.

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

9.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in Delaware, unless we mutually agree to another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

9.3 Class Action Waiver

YOU AND THERMATALK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

9.5 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and ThermaTalk concerning the Service.

9.6 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ThermaTalk's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

9.7 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without ThermaTalk's prior written consent. ThermaTalk may assign these Terms in whole or in part at any time without your consent.

9.8 Notices

Any notices or other communications provided by ThermaTalk under these Terms will be given by posting to the Service or by email to the address you provide. Notices provided by posting to the Service will be effective upon posting, and notices provided by email will be effective when sent.