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.
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:
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:
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.
a b c d e f g h i j k l m n o - Do not remove from template!!! it is important to support different fonts
1-800-592-3611
Sales@thermogrid.com