Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using the HeartShield PRO software-as-a-service platform, website, API, or mobile applications (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("Customer," "User," or "you") and Wavestar Holdings LLC d/b/a HeatShield PRO ("Company," "we," "us," or "our").

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

2. Description of Service & No Legal Advice

HeatShield PRO is a compliance management tool designed to assist organizations in tracking and documenting heat illness prevention efforts in accordance with OSHA standards. The Service provides features such as heat index monitoring, acclimatization tracking, and daily compliance logging.

3. Account Registration & Security

To access the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Promptly notify us if you discover or otherwise suspect any security breaches related to the Service.

You are responsible for all activities that occur under your account, including the activities of any secondary users (e.g., supervisors) you authorize.

4. Subscription, Billing, and Cancellation

4.1 Subscription Plans

The Service is offered on a subscription basis ("Subscription"). You can choose between monthly or annual billing cycles. Payment obligations are non-cancelable, and fees paid are non-refundable, except as explicitly stated in these Terms.

4.2 Billing

By providing a payment method, you authorize us to charge the applicable subscription fees to your designated payment method. Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date.

4.3 Cancellation

You may cancel your Subscription at any time through your account dashboard. Cancellation will be effective at the end of the current billing cycle. You will continue to have access to the Service until the end of your billing period, but no refunds will be issued for unused days.

5. User Conduct and Restrictions

You agree not to do any of the following:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
• Interfere with security-related features of the Service.
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service.
• Make any automated use of the system, or take any action that we deem to impose or to be likely to impose an unreasonable or disproportionately large load on our servers or network infrastructure.

6. Intellectual Property Rights

The Service, including its code, documentation, appearance, structure, and organization, is the exclusive property of HeatShield PRO and its licensors. All rights not expressly granted to you are reserved by us. "HeatShield PRO," the HeatShield PRO logo, and other marks are trademarks of HeatShield PRO, Inc.

Your Data: You retain all rights and ownership of the data you upload to the Service ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, and display Customer Data as necessary to provide the Service.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEATSHIELD PRO, INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

UNDER NO CIRCUMSTANCES WILL HEATSHIELD PRO BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL HEATSHIELD PRO, INC.'S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO US BY YOU DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100).

8. Indemnification

You agree to defend, indemnify, and hold harmless HeatShield PRO, Inc. and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

9. Dispute Resolution & Arbitration

Any dispute arising from these Terms or your use of the Service will be settled by binding arbitration in Travis County, Texas, in accordance with the commercial arbitration rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

YOU AND HEATSHIELD PRO 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 ACTION.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you via the email address associated with your account or by posting a prominent notice on the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

11. Contact Information

If you have questions about these Terms, please contact our legal compliance team: