These Terms of Service (“Terms”) govern access to and use of the HVACTracks website, web application, software, tools, reports, exports, and related services provided by HVACTracks LLC (“HVACTracks,” “we,” “us,” or “our”).
By creating an account, accepting an invitation, purchasing a subscription, or otherwise accessing or using HVACTracks, you agree to these Terms. If you do not agree to these Terms, do not access or use HVACTracks.
If you use HVACTracks on behalf of a company, employer, contractor, organization, or other legal entity, you represent that you have authority to accept these Terms on its behalf. In that case, “you” and “your” also refer to that entity.
The HVACTracks Service
HVACTracks is a software platform designed to help HVAC businesses and personnel document, organize, retain, review, and export information relating to refrigerant service activity and related business records.
Depending on your subscription plan and account permissions, the service may include:
- Refrigerant service logs
- Equipment and system information
- Refrigerant additions, removals, recovery, and disposal records
- Technician and administrator accounts
- Photos, notes, signatures, and location information
- Reporting and record-export tools
- PDF and CSV exports
- Workspace administration
- Subscription and billing management; and
- Other related features that we may introduce.
We may add, modify, limit, or discontinue features as described in these Terms.
Business Use and Eligibility
You must be at least 18 years old and legally able to enter into a binding contract to use HVACTracks.
HVACTracks is intended primarily for businesses, contractors, technicians, property operators, and other professional users. It is not intended for personal, family, or household recordkeeping.
You may not use HVACTracks if you are prohibited from doing so under applicable law.
No Legal or Regulatory Advice
HVACTracks provides recordkeeping and workflow tools. HVACTracks does not provide legal, regulatory, environmental, tax, accounting, engineering, safety, certification, or other professional advice.
The service is not a substitute for:
- Reviewing applicable laws and regulations
- Consulting qualified legal or compliance professionals
- Maintaining required licenses or certifications
- Following refrigerant handling and safety procedures
- Verifying reporting and record-retention obligations; or
- Submitting required information to a regulator or other authority.
Information displayed in HVACTracks, including labels, prompts, report formats, summaries, calculations, and informational content, is provided for general operational purposes only.
You are responsible for determining whether your records and activities comply with all applicable federal, state, local, and industry requirements.
No Guarantee of Compliance
HVACTracks is designed to assist with recordkeeping, but use of the service does not guarantee compliance with:
- Environmental Protection Agency requirements
- Refrigerant management or reporting rules
- Record-retention requirements
- Technician certification requirements
- State or local environmental regulations
- Customer or contractual requirements; or
- Any other legal or regulatory obligation.
We do not represent that every field, workflow, report, or export contains all information that may be required for every user, jurisdiction, refrigerant, appliance, system, or transaction.
You are responsible for reviewing every log and report for accuracy, completeness, and suitability before relying on it or providing it to a customer, auditor, regulator, court, or other third party.
Accounts and Workspaces
Some features require an HVACTracks account and membership in a company workspace.
A workspace may include one or more administrators, technicians, employees, contractors, or other authorized users.
The person or entity that creates, purchases, or administers a workspace is responsible for:
- Managing authorized users
- Assigning appropriate roles and permissions
- Removing users who should no longer have access
- Ensuring that users are properly trained
- Monitoring activity performed through the workspace
- Maintaining accurate company and billing information; and
- Ensuring that use of the workspace complies with these Terms.
Workspace administrators may be able to access, manage, export, amend, deactivate, or otherwise control records and user access within the workspace.
Administrator Authority
If you are a workspace administrator, you represent that you are authorized to manage the workspace and its users.
Administrators may take actions that affect other workspace users, including inviting or deactivating users, reviewing technician records, managing subscriptions, exporting data, and pausing or closing the workspace.
HVACTracks may rely on instructions and actions submitted by an authenticated workspace administrator without independently verifying the administrator’s internal authority.
Disputes between a company and its employees, technicians, contractors, former employees, or other workspace users are the responsibility of the company and the affected users.
Account Security
You are responsible for maintaining the confidentiality and security of your login credentials.
You agree to:
- Use accurate account information
- Use a strong and unique password
- Protect your account from unauthorized access
- Avoid sharing login credentials
- Promptly update inaccurate or outdated information; and
- Notify us promptly if you suspect unauthorized access or a security incident.
You are responsible for activity performed through your account unless the activity resulted directly from HVACTracks’ failure to use reasonable security measures.
We may require password resets, email verification, session termination, or other security measures when reasonably necessary.
Customer Data
“Customer Data” means information, records, files, photographs, signatures, equipment information, service details, company information, user information, and other materials submitted to HVACTracks through your workspace.
As between you and HVACTracks, you retain ownership of your Customer Data.
You grant HVACTracks a limited, non-exclusive, worldwide license to host, store, copy, transmit, display, process, format, back up, and otherwise use Customer Data as reasonably necessary to:
- Provide and operate the service
- Generate reports and exports
- Maintain and secure the service
- Prevent fraud or misuse
- Provide customer support
- Troubleshoot technical problems
- Enforce these Terms; and
- Comply with legal obligations.
This license continues only for as long as reasonably necessary to provide the service and fulfill the purposes described in these Terms and our Privacy Policy.
Responsibility for Customer Data
You are responsible for the legality, accuracy, completeness, and quality of Customer Data.
You represent and warrant that:
- You have the right to submit the Customer Data
- Your submission and use of the Customer Data will not violate applicable law
- Your submission will not violate another person’s privacy, intellectual property, contractual, or other rights
- You have provided any legally required notices to employees, technicians, customers, property owners, or other individuals; and
- You have obtained any legally required permissions or consents.
You must not upload information that is unrelated to the intended business purposes of HVACTracks.
Technician and Employee Information
A company may use HVACTracks to maintain records associated with employees, technicians, contractors, and other personnel.
The company operating the workspace is responsible for determining whether it has a lawful basis to collect, use, retain, and disclose that information.
HVACTracks does not act as an employer and is not responsible for employment decisions, technician supervision, payroll, discipline, licensing, certification, or workplace compliance.
Workspace administrators are responsible for removing or restricting access when a user’s employment, contractor relationship, or authorization ends.
Location Information
HVACTracks may allow users to manually enter a service location or affirmatively request location information from their device for an individual log.
HVACTracks does not continuously track a user’s location.
When a user chooses to provide device location information, the user and workspace administrator are responsible for ensuring that the collection and use of that information is lawful and appropriate.
Location information may be approximate, unavailable, incorrect, or affected by device settings, browser permissions, network conditions, or third-party location services.
Photos, Signatures, and Attachments
The service may allow users to upload photos, signatures, and other attachments.
You must not upload:
- Content you do not have permission to use
- Malware or harmful code
- Illegal or fraudulent materials
- Content that infringes another person’s rights
- Highly sensitive personal information that is unnecessary for refrigerant recordkeeping; or
- Content that violates these Terms.
Electronic signatures and acknowledgments stored through HVACTracks are recordkeeping tools. You are responsible for determining whether a signature, acknowledgment, or approval satisfies the legal or contractual requirements applicable to your situation.
Record Accuracy and Amendments
You are responsible for reviewing records before they are finalized, submitted, exported, or relied upon.
HVACTracks may restrict editing of completed or finalized records in order to preserve record integrity. Corrections may require an amendment, replacement record, void action, explanatory note, or other documented process.
You must not use amendment, replacement, void, or administrative functions to conceal, falsify, or improperly alter historical activity.
HVACTracks may retain audit information concerning record creation, modification, finalization, replacement, voiding, downloading, or other activity.
Reports and Exports
Reports, PDFs, CSV files, summaries, and other exports are generated from Customer Data and system logic available at the time of generation.
You are responsible for verifying exported information before using or distributing it.
We do not guarantee that an export will:
- Meet a regulator’s preferred format
- Include every record required by law
- Be accepted as evidence by a court or authority
- Satisfy a customer contract
- Remain compatible with all software; or
- Be free from errors caused by incomplete or inaccurate Customer Data.
You are responsible for maintaining independent copies of records that are important to your business or legally required.
Acceptable Use
You agree not to:
- Use HVACTracks for unlawful, fraudulent, deceptive, or harmful purposes
- Create false, misleading, or fabricated service records
- Alter records to conceal regulatory or contractual violations
- Impersonate another person or misrepresent your authority
- Access another company’s workspace without authorization
- Upload malware, viruses, harmful code, or illegal content
- Attempt to bypass security, access controls, rate limits, subscription limits, or billing systems
- Probe, scan, or test the service for vulnerabilities without written permission
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the service except where applicable law expressly permits it
- Scrape, crawl, harvest, or systematically extract data from the service without permission
- Interfere with or overload the service
- Use the service to infringe another person’s rights
- Resell or sublicense access to HVACTracks without written permission; or
- Assist another person in doing any of the above.
Subscription Plans
Access to some or all HVACTracks features requires a paid subscription.
Subscription pricing, billing intervals, included users, usage limits, features, and trial terms will be displayed on the pricing page, checkout page, account page, or another written offer.
Subscription access may depend on limits involving:
- Active users
- Administrators or technicians
- Storage
- Reports or exports
- Uploaded files
- Workspaces
- Service records; or
- Other plan-based features.
You are responsible for selecting a plan appropriate for your organization.
Free Trials
HVACTracks may offer a free trial.
Trial length, features, eligibility, and limitations will be displayed when the trial is offered. Unless otherwise stated, a trial is limited to one trial per customer, business, or workspace.
We may deny, limit, or terminate a trial where we reasonably believe a user is attempting to obtain repeated trials, avoid payment, misuse the service, or violate these Terms.
A trial may end automatically when the stated trial period expires. Continued use after the trial may require an active paid subscription.
We do not guarantee that Customer Data will remain accessible indefinitely after a trial expires.
Billing and Payment Authorization
Payments may be processed by a third-party payment processor.
By providing a payment method, you authorize HVACTracks and its payment processor to charge applicable subscription fees, taxes, and other disclosed charges to that payment method.
You are responsible for:
- Providing accurate billing information
- Keeping payment information current
- Paying all applicable charges
- Reviewing invoices and receipts; and
- Promptly reporting suspected billing errors.
Except where required by law, subscription fees are charged in advance and are non-refundable.
Automatic Renewal
Paid subscriptions automatically renew for successive billing periods unless canceled before the applicable renewal date.
By purchasing a subscription, you authorize recurring charges at the price and billing interval disclosed at checkout, subject to any properly communicated pricing changes.
Your account page or checkout materials will identify the applicable billing interval and subscription price.
You are responsible for canceling the subscription before renewal if you do not want the next billing period to be charged.
Cancellation
You may cancel a subscription using the billing controls made available through your account or by contacting us when account-based cancellation is unavailable.
Unless otherwise stated:
- Cancellation prevents future renewal
- Access remains available through the end of the already-paid billing period
- Cancellation does not ordinarily produce a refund for the current billing period; and
- The workspace may become restricted, paused, or inactive when the paid period ends.
Deleting a user account, deactivating a technician, or ceasing to use the service does not by itself cancel a workspace subscription.
Paused, Expiring, and Inactive Workspaces
A workspace may be placed into a paused, payment-hold, expiring, or inactive state because of:
- Administrator-requested cancellation
- Failed or overdue payment
- Expiration of a trial
- Expiration of a paid subscription
- Violation of these Terms
- Security concerns; or
- Other circumstances described in the service.
During a restricted state, users may lose the ability to create, edit, finalize, or submit records. Certain read-only, export, billing, or account-management functions may remain available.
Restoring full workspace access may require an active subscription, successful payment, administrator action, or resolution of the issue that caused the restriction.
Failed Payments
If a payment fails, we or our payment processor may retry the charge and notify the workspace administrator.
We may restrict or suspend access if payment remains unsuccessful.
You remain responsible for properly authorized and undisputed charges incurred before suspension or termination.
We are not responsible for fees charged by your bank, card issuer, or payment provider.
Refunds
Except where required by law or expressly stated in writing, payments are non-refundable.
We may issue a refund, partial refund, or account credit at our discretion. Issuing one refund or credit does not require us to provide another.
Nothing in this section limits any non-waivable rights available under applicable law.
Pricing and Plan Changes
We may change subscription prices, included features, usage limits, or plan structures.
Pricing changes will apply no earlier than your next renewal following reasonable notice, unless:
- You voluntarily change plans
- A promotional period ends
- A tax or government charge changes
- You exceed an applicable plan limit; or
- You agree to a different arrangement.
If you do not agree to a future pricing change, you may cancel before the change takes effect.
Third-Party Services
HVACTracks relies on third-party providers that may include hosting providers, database providers, authentication providers, payment processors, email providers, storage providers, mapping or location services, and other vendors.
Your use of certain third-party features may also be subject to the third party’s terms and privacy policies.
HVACTracks is not responsible for third-party:
- Outages or service interruptions
- Processing delays
- Pricing or policy changes
- Security incidents outside our reasonable control
- Browser, device, or operating-system limitations
- Payment declines
- Email delivery failures; or
- Discontinued services.
We may replace third-party providers when reasonably necessary.
Service Availability and Changes
We work to keep HVACTracks available and reliable, but we do not guarantee uninterrupted or error-free operation.
The service may be unavailable because of maintenance, updates, security responses, network failures, vendor outages, emergencies, or circumstances outside our control.
We may modify, update, replace, limit, suspend, or discontinue features. When reasonably practical, we will provide notice of material changes that significantly reduce core paid functionality.
We are not required to continue offering any beta, experimental, trial, or early-access feature.
Beta and Early-Access Features
We may offer beta, preview, test, or early-access features.
Such features may:
- Contain bugs or incomplete functionality
- Produce incorrect or unexpected results
- Be subject to additional limits
- Change without notice; or
- Be discontinued at any time.
Beta and early-access features are provided “as is” and should not be relied upon for critical records without independent verification and backup.
HVACTracks Intellectual Property
HVACTracks and its licensors own all rights, title, and interest in the service, including its:
- Software and source code
- Designs and layouts
- Logos and branding
- Documentation
- Workflows and processes
- Report templates
- Database structures
- User-interface elements; and
- Other proprietary materials.
Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use HVACTracks for your organization’s internal business purposes.
No ownership interest in HVACTracks software or intellectual property is transferred to you.
Feedback
You may provide suggestions, ideas, feature requests, comments, or other feedback.
You grant HVACTracks the right to use that feedback without restriction, attribution, or compensation.
Feedback does not transfer ownership of your Customer Data to HVACTracks.
Privacy
Our collection and use of personal information are described in the HVACTracks Privacy Policy.
By accessing or using HVACTracks, you acknowledge that information will be collected, used, retained, and disclosed as described in the Privacy Policy.
If you operate a workspace, you are responsible for providing any notices to your personnel, customers, or other individuals that are required because of your use of HVACTracks.
Data Security
HVACTracks uses reasonable administrative, technical, and organizational safeguards designed to protect information.
However, no software, website, storage system, or internet transmission is completely secure. We cannot guarantee that unauthorized persons will never defeat security measures.
You are responsible for:
- Securing your devices and networks
- Using appropriate account permissions
- Removing unauthorized users
- Maintaining your own backups
- Protecting exported files; and
- Promptly reporting suspected security incidents.
Data Retention and Deletion
HVACTracks may retain Customer Data and account information while a workspace is active and for a limited period after cancellation, expiration, suspension, or termination.
Unless a longer period is required or permitted for legal, security, fraud-prevention, billing, backup, dispute-resolution, or operational purposes, we may delete or anonymize inactive Customer Data after the retention period described in our Privacy Policy.
Deletion from active systems may not immediately remove information from backups, audit records, billing records, security logs, or records we must retain by law.
You are responsible for exporting and preserving any records you are legally or contractually required to maintain before your access ends.
Suspension and Termination
We may suspend, restrict, or terminate access to HVACTracks if we reasonably believe that:
- You violated these Terms
- Fees remain unpaid
- Your use creates a security or operational risk
- Your activity may be fraudulent or unlawful
- You are creating or maintaining intentionally false records
- Your use infringes another person’s rights
- Suspension is necessary to protect HVACTracks, its users, or a third party; or
- We are legally required to do so.
Where appropriate, we may provide notice and an opportunity to correct the issue. We are not required to provide advance notice when immediate action is reasonably necessary.
You may stop using HVACTracks at any time. Stopping use does not eliminate payment obligations already incurred.
Effect of Termination
When your access ends, your right to use the service ends.
Depending on the reason for termination and the state of your account, we may provide a limited opportunity for a workspace administrator to export Customer Data.
We may deny or limit post-termination access when necessary for security, legal compliance, fraud prevention, protection of third-party rights, or enforcement of these Terms.
Sections that by their nature should continue after termination will survive, including provisions concerning payment, ownership, confidentiality, disclaimers, liability limitations, indemnification, dispute resolution, and data retention.
Confidentiality
Each party may receive non-public business, technical, operational, or financial information from the other.
The receiving party will use reasonable care to protect confidential information and will use it only as necessary to provide or receive the service.
Confidentiality obligations do not apply to information that:
- Is publicly available without breach of an obligation
- Was already lawfully known without restriction
- Is independently developed without use of the confidential information
- Is lawfully obtained from another source; or
- Must be disclosed by law or valid legal process.
Customer Data will be handled as described in these Terms and the Privacy Policy.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, HVACTRACKS IS PROVIDED “AS IS” AND “AS AVAILABLE.”
HVACTRACKS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- TITLE
- NON-INFRINGEMENT
- ACCURACY
- RELIABILITY
- AVAILABILITY
- SECURITY; AND
- REGULATORY OR LEGAL COMPLIANCE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR SUITABLE FOR EVERY REGULATORY OR BUSINESS PURPOSE.
Some jurisdictions do not permit certain warranty disclaimers, so portions of this section may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HVACTRACKS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
THIS INCLUDES DAMAGES ARISING FROM:
- LOST PROFITS OR REVENUE
- LOST OR CORRUPTED DATA
- BUSINESS INTERRUPTION
- LOSS OF BUSINESS OPPORTUNITY
- LOSS OF GOODWILL
- REGULATORY PENALTIES
- CUSTOMER CLAIMS
- COSTS OF REPLACEMENT SERVICES; OR
- RELIANCE ON INCOMPLETE OR INACCURATE RECORDS.
TO THE FULLEST EXTENT PERMITTED BY LAW, HVACTRACKS’ TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT PAID BY YOU TO HVACTRACKS DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED U.S. DOLLARS.
These limitations apply regardless of the form of action and even if a remedy fails of its essential purpose.
Some jurisdictions do not allow certain liability limitations, so some limitations may not apply to you.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless HVACTracks and its owners, officers, employees, contractors, affiliates, and service providers from claims, damages, judgments, penalties, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:
- Your use or misuse of HVACTracks
- Your Customer Data
- Records created or maintained through your workspace
- Your violation of these Terms
- Your violation of applicable law
- Your violation of another person’s rights
- Your failure to obtain required permissions or consents
- Your employment, contractor, or customer relationships
- Your refrigerant handling, servicing, reporting, or disposal activities
- Your reliance on reports or exports without appropriate review; or
- Unauthorized access resulting from your accounts, users, devices, or systems.
We may assume control of the defense of a claim subject to indemnification, and you agree to reasonably cooperate with that defense.
Intellectual Property Complaints
If you believe material available through HVACTracks infringes your intellectual property rights, contact us with:
- Your name and contact information
- Identification of the protected work
- Identification of the allegedly infringing material
- A description of where the material appears
- A statement explaining your good-faith belief; and
- Any other information reasonably necessary to review the complaint.
We may remove or restrict access to material while reviewing a complaint.
Force Majeure
HVACTracks is not responsible for delay or failure to perform caused by circumstances beyond our reasonable control, including:
- Natural disasters
- Severe weather
- Fire or flood
- War, terrorism, or civil unrest
- Labor disputes
- Government actions
- Power or internet failures
- Cyberattacks
- Vendor or cloud-service outages
- Payment processor failures
- Telecommunications failures; or
- Other emergencies or events beyond our reasonable control.
Governing Law
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-law principles.
Informal Dispute Resolution
Before filing a legal action, you and HVACTracks agree to make a good-faith effort to resolve the dispute informally.
The party raising the dispute must provide written notice describing the issue and requested resolution. The parties will have at least 30 days after receipt of the notice to attempt to resolve the dispute.
This requirement does not prevent either party from seeking immediate relief when reasonably necessary to prevent unauthorized access, misuse, infringement, data disclosure, or other irreparable harm.
Venue
Unless applicable law requires otherwise, any legal action arising out of or relating to these Terms or HVACTracks must be brought in a state or federal court located in Wisconsin.
You and HVACTracks consent to the personal jurisdiction of those courts.
Electronic Communications
You agree to receive agreements, notices, invoices, disclosures, billing communications, and other information electronically.
Electronic communications may be provided through email, the service, your account, or the HVACTracks website.
You are responsible for maintaining a current email address and reviewing communications sent to your account.
Assignment
You may not assign or transfer these Terms without HVACTracks’ prior written consent.
HVACTracks may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, transfer of the service, or similar business transaction.
No Waiver
A failure or delay in enforcing any provision of these Terms does not waive the right to enforce that provision later.
A waiver is effective only if it is in writing and signed by an authorized representative of HVACTracks.
Severability
If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions will remain in effect.
The affected provision will be interpreted or modified to the minimum extent necessary to make it enforceable while preserving its intended purpose as closely as possible.
Entire Agreement
These Terms, together with the Privacy Policy, applicable checkout terms, subscription details, and any signed written agreement between you and HVACTracks, constitute the entire agreement concerning your use of the service.
If a signed written agreement expressly conflicts with these Terms, the signed written agreement controls to the extent of the conflict.
Changes to These Terms
We may update these Terms from time to time.
When we make material changes, we may provide notice through the service, by email, or by posting an updated effective date.
Changes will apply prospectively from the effective date of the updated Terms.
Your continued use of HVACTracks after updated Terms take effect constitutes acceptance of the updated Terms. If you do not agree to an update, you must stop using the service and cancel any applicable subscription.
Contact Us
Questions about these Terms may be sent to:
HVACTracks LLC
Email: support@hvactracks.com
Website: https://hvactracks.com