ThermoGrid Terms & Conditions of Service

ThermoGrid Terms & Conditions (USA & Canada)


IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

The following agreement (the "Agreement") outlines the terms and conditions under which GridMaster Technologies LLC ("ThermoGrid," "we," "us," or "our") provides access to its software (the "Software") and related services (the "Services"). By clicking "I AGREE" or accessing the Software or Services, you ("Customer," "you," or "your") acknowledge and accept these terms. If you do not agree, you should not use the Software or Services.


ThermoGrid reserves the right to modify this Agreement at any time by posting an updated version on our website. Your continued use of the Software constitutes acceptance of such modifications.


1. DEFINITIONS


Confidential Information

All information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. ThermoGrid’s Confidential Information includes, without limitation, the Software; and Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.


Intellectual Property Rights

Any U.S., international, or foreign patents or applications, inventions, trade secrets, proprietary information, know-how, technology, copyrights, and all corresponding protections worldwide.


Order Form

Any quotation, proposal, or transactional document issued by ThermoGrid and accepted by you regarding the Software and Services, which shall be deemed incorporated into this Agreement.


Users

Individuals authorized by you to use the Software and Services, for whom subscriptions have been purchased, and who have been assigned login credentials.


2. PAYMENT TERMS & FEES

2.1 Subscription Fees – Your use of the Software and Services is billed on a subscription basis. You will be billed based on the agreed-upon terms in your contract.

2.2 Late Payments – Payments not received by the due date are subject to a late fee of 18.99% per annum on the overdue balance.

2.3 Collections Fees – If your account is sent to collections, you will be responsible for an additional 45% fee on top of the remaining contract balance.

2.4 Auto-Renewal – Your contract will automatically renew for the same term on its anniversary date unless you provide written notice of cancellation at least 30 days before the renewal date.

2.5 100% Money-Back Guarantee - To qualify for the ThermoGrid 100% Money-Back Guarantee, you and your team must be fully committed to the process. This includes: Full Participation – Meeting all deadlines, completing all required training, and following the steps and recommendations provided by ThermoGrid. Partial participation or deviation from the outlined process may void the guarantee.

2.5.1 System Utilization – All team members must use the ThermoGrid software for their respective roles as the system is intended to be used.

2.5.2 Exclusive Payment Processing – 100% of your payment processing (including credit card transactions for services, equipment, memberships, and similar transactions) must be processed through ThermoGrid’s payment processing system.

2.5.3 Pre-Onboarding Verification – You must provide a complete record of your total payment processing volume prior to onboarding with ThermoGrid. This documentation is required to verify eligibility for the guarantee.

2.5.4 Definition of Results – “Results” will be defined and agreed upon in writing prior to onboarding, using measurable metrics such as revenue growth, close rate improvement, profit margin increase, or other relevant KPIs.

2.5.5 Measurement Method – Performance will be compared against the baseline data provided prior to onboarding, over an agreed evaluation period (minimum 12 months).

2.5.6 Minimum Usage Period – The Guarantee applies only after the Client has actively used ThermoGrid for a minimum of six (6) consecutive months. The Client must provide ThermoGrid with timely access to relevant data, reports, systems, and team members as needed for evaluation and support. Any deviation from the agreed process, use of other CRMs or payment processors, or refusal to implement recommendations may void the Guarantee. To request a refund, the Client must submit a written request within 30 days after the end of the agreed evaluation period. Refunds apply only to subscription fees paid to ThermoGrid during the evaluation period. Fees for third-party services, integrations, or payment processing are excluded. Once approved, refunds will be processed within 30 business days.

Failure to meet any of these requirements will result in the guarantee being null and void.


Exclusions -  This Guarantee does not apply if results are affected by:

  • Major economic downturns, industry collapses, or regulatory changes.
  • Business closure, sale, or significant change in ownership.
  • Loss of key staff members critical to operations.
  • Client non-compliance with agreed processes.


Single Use Guarantee -  This Guarantee applies only to the Client’s first onboarding with ThermoGrid and cannot be applied to repeat sign-ups.


3. TRAINING & SUPPORT

3.1 Included Training – The first 12 scheduled training sessions are included with your subscription at no additional cost.

3.2 No-Show Fee – If you do not attend a scheduled training session without prior cancellation, a $187 fee will be charged to your account.

3.3 Additional Training – After the first 12 sessions, ongoing training may require a $500/month training subscription. However, customers will continue to have access to AI tools, documentation, and support at no additional cost.

3.4 Adapting to ThermoGrid Workflow – By using ThermoGrid, you acknowledge that you are modifying your business practices to align with how ThermoGrid operates. ThermoGrid is not designed to change for individual business preferences. Companies that attempt to partially implement ThermoGrid rather than fully utilizing its functionality often experience inefficiencies and disruptions in workflow that can impact overall success.


4. SOFTWARE USAGE & RESTRICTIONS

4.1 License – ThermoGrid grants you a non-exclusive, non-transferable license to use the Software and Services for internal business operations.

4.2 Prohibited Uses – You may not:

  • Share login credentials or allow unauthorized users to access the Software.
  • Copy, modify, or reverse-engineer any part of the Software.
  • Use the Software in a way that disrupts or harms other users or ThermoGrid’s systems.
  • Use the Software to build a competing product or service.

4.3 VoIP Usage Restrictions – Internal VoIP numbers cannot be forwarded to other internal or external VoIP numbers that could create a call loop. This can lead to excessive charges, and you will be responsible for any resulting high bills due to improper call routing.


5. DATA & CONFIDENTIALITY

5.1 Call Recordings – ThermoGrid stores VoIP call recordings for a maximum of two (2) years. After this period, recordings will be permanently deleted and cannot be retrieved. Customers are responsible for downloading and archiving any recordings they wish to retain before the two-year expiration.

5.2 Customer Data – ThermoGrid reserves the right to implement additional data retention policies in the future with prior notification to customers. Data that is no longer necessary for active accounts may be archived or deleted to maintain system efficiency.

5.3 Confidentiality – Both parties agree to protect each other's confidential information. ThermoGrid will not disclose your data except as required by law or for service improvements.

5.4 Data Ownership – You retain ownership of any data you input into the Software. ThermoGrid may use anonymized data for analytics and improvements.


6. TERMINATION

6.1 Termination by Customer – You may terminate your contract with 30 days’ written notice before the renewal date. No refunds will be issued for prepaid services.

6.2 Termination by ThermoGrid – We may terminate access to the Software if:

  • You violate this Agreement.
  • Your account remains unpaid beyond 20 days.

6.3 Data Access Post-Termination – Upon termination, you will have 30 days to export your data before it is permanently deleted from our systems.


7. LIMITATION OF LIABILITY

7.1 No Warranty – ThermoGrid provides the Software "as is" and makes no guarantees regarding performance, uptime, or error-free operation.

7.2 Liability Cap – ThermoGrid’s total liability for any claims is limited to the fees paid by you in the last 30 days.

7.3 Indemnification – You agree to indemnify ThermoGrid against claims arising from your misuse of the Software.


8. GENERAL PROVISIONS

8.1 Governing Law – This Agreement is governed by the laws of the State of Iowa.

8.2 Dispute Resolution – Any disputes will be resolved in Dubuque, Iowa, through arbitration before litigation.

8.3 Notices – Any notices must be sent to support@thermogrid.com or via certified mail to our office in Dubuque, Iowa.

8.4 Entire Agreement – This Agreement represents the full understanding between you and ThermoGrid and supersedes all prior agreements.


By using ThermoGrid, you acknowledge and agree to these terms. If you have any questions, please contact us at 1-800-592-3611 or support@thermogrid.com.