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Terms of Use

Version 2026-08-15.1 · Effective 2026-08-15

DRAFT — NOT LEGAL ADVICE. This document is a working draft and must be reviewed by qualified legal counsel before it is relied upon in production.

These Terms of Use (the "Terms") govern your access to and use of the Heater Sales platform (the "Service") provided by Heater Sales & Service Inc. ("Heater Sales", "we", "us", or "our"). By creating an account, checking the acceptance box, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

The Service is a cloud platform for remote monitoring and control of industrial and commercial heating equipment and associated sensors. It presents device telemetry (such as temperature and operating state), delivers alarms and notifications, and provides account, reporting, and device-management tools. The Service is provided on a whitelabel basis through partner portals; your relationship may also be subject to terms presented by the partner through whom you obtained access.

The Service is a monitoring and convenience tool. It is not a life-safety system, and it is not a substitute for on-site inspection, independent temperature or safety controls, alarms mandated by law, or professional judgement. You must not rely on the Service as the sole means of detecting or preventing any hazardous condition.

2. Eligibility and Accounts

You must be at least the age of majority in your jurisdiction and able to form a binding contract to use the Service. You are responsible for the accuracy of the information you provide and for all activity under your account. You must keep your credentials confidential and notify us promptly of any unauthorized use. Privileged accounts may be required to enable multi-factor authentication.

3. Acceptable Use

You agree not to:

  • use the Service in violation of any applicable law or regulation;
  • interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service, its infrastructure, or other users' data;
  • reverse engineer, decompile, or attempt to extract source code except to the extent this restriction is prohibited by law;
  • resell, sublicense, or make the Service available to third parties except as expressly permitted;
  • upload malicious code or use the Service to transmit unlawful, infringing, or harmful content;
  • misrepresent your identity or affiliation, or use another party's account without authorization.

4. Devices, Connectivity, and Data

Proper operation of the Service depends on hardware, firmware, cellular or network connectivity, third-party carriers, and electrical power, some of which are outside our control. Gaps in connectivity or power may delay or prevent telemetry, alarms, or commands. You are responsible for correct installation, commissioning, maintenance, and safe operation of your devices and heating equipment.

5. Intellectual Property

The Service, including its software, design, and content, is owned by Heater Sales & Service Inc. or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes. You retain ownership of the data you submit; you grant us a license to host, process, and use that data to operate, secure, and improve the Service and as described in our Privacy Policy.

6. Fees and Paid Features

Certain features (for example, paid alarm-delivery channels or credit-based services) may require payment or a positive credit balance. Fees, where applicable, are presented before purchase. Except where required by law or expressly stated, fees are non-refundable. We may change fees on reasonable notice.

7. Third-Party Services

The Service integrates third-party providers (for example, messaging, payment, and connectivity vendors). Your use of those integrations may be subject to the third party's terms, and we are not responsible for the acts, omissions, or availability of third parties.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ALARMS OR NOTIFICATIONS WILL BE TIMELY OR DELIVERED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEATER SALES & SERVICE INC., ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR DAMAGE TO PROPERTY OR EQUIPMENT (INCLUDING LOSS ARISING FROM FROZEN PIPES, SPOILED GOODS, EQUIPMENT FAILURE, OR MISSED OR DELAYED ALARMS), ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

10. Indemnification

You agree to indemnify, defend, and hold harmless Heater Sales & Service Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your data, your devices, or your breach of these Terms or of applicable law.

11. Suspension and Termination

We may suspend or terminate your access to the Service, in whole or in part, if you breach these Terms, if required for security or legal reasons, or if your account is inactive or delinquent. You may stop using the Service and delete your account at any time. Provisions that by their nature should survive termination (including Sections 5, 8, 9, 10, and 13) will survive.

12. Changes to the Service and to These Terms

We may modify the Service or these Terms from time to time. When we make material changes to these Terms, we will update the version and effective date and, where appropriate, notify you. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. The courts located in Alberta, Canada will have exclusive jurisdiction, and you consent to their jurisdiction and venue, except where prohibited by applicable law. [Governing law and venue set to Alberta, the head-office province — confirm with counsel.]

14. Contact

Questions about these Terms may be sent to support@heatersales.ca.