1. Acceptance of Terms
By accessing or using the ThermoMapIQ platform, website, APIs, mobile applications, or any related services (collectively, the "Service" or "Platform"), you ("Customer," "Subscriber," or "User") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Cookie Policy. These Terms constitute a legally binding agreement between you and ThermoMapIQ, Inc. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall refer to that entity.
If you do not agree to these Terms, you must immediately discontinue all use of the Service. Your continued use of the Service following any modification to these Terms constitutes your acceptance of those modifications.
2. Service Description and Scope
ThermoMapIQ provides a cloud-delivered interactive spatial asset and thermal intelligence platform. The Service includes, but is not limited to: interactive floor plan and rack-level overlays with live device discovery; real-time thermal heatmap rendering from environmental sensor data; AI-powered thermal throttling prediction and risk scoring; equipment placement optimization recommendations; environmental sensor API ingestion (REST, MQTT, Modbus, BACnet); hardware telemetry aggregation (SNMP, WMI, IPMI/BMC, Redfish); multi-site federation dashboards; compliance reporting; and related documentation, SDKs, and support resources.
The exact features, data retention limits, asset count limits, and API rate limits available to you depend on the subscription plan selected at signup. ThermoMapIQ reserves the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice to active subscribers.
3. Accounts, Registration, and Access
You must create an account by providing accurate, complete, and current information to access the Service. You are solely responsible for: maintaining the confidentiality of your account credentials and API keys; all activities that occur under your account, including actions taken by users you authorize; promptly notifying ThermoMapIQ at [email protected] of any unauthorized access, suspected breach, or credential compromise.
You may not share account credentials between individuals. Enterprise subscribers must manage user access via the built-in role-based access control (RBAC) system. ThermoMapIQ reserves the right to suspend or terminate accounts that show signs of unauthorized access, abuse, or violation of these Terms without prior notice.
4. Subscription Plans and Payment Terms
ThermoMapIQ offers the following subscription tiers: Spatial Starter ($299/month), Thermal Pro ($899/month), and Enterprise (custom pricing). Subscriptions are billed in advance on a monthly or annual cycle, as selected at signup. Annual subscriptions are discounted and invoiced upfront.
All fees are quoted in USD and are exclusive of applicable taxes, including sales tax, VAT, and GST, which will be added to invoices where required by law. All fees are non-refundable except as required by applicable law or as explicitly stated in a separate written Order Form. ThermoMapIQ reserves the right to modify pricing with a minimum of 30 days' written notice. Failure to pay undisputed invoices within the payment terms specified on the invoice (default: Net-30) may result in suspension of access after a 10-day cure period.
5. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service to scan, monitor, or access network infrastructure or devices that you do not own or for which you do not have explicit written permission from the asset owner.
- Attempt to gain unauthorized access to any part of the ThermoMapIQ platform, other customers' data partitions, or the underlying cloud infrastructure.
- Introduce or transmit malware, ransomware, viruses, trojans, spyware, or other malicious code into the Service or any connected systems.
- Conduct load testing, automated scraping, or large-scale API abuse that degrades platform performance for other customers, except as explicitly authorized in your plan's rate limits.
- Resell, sublicense, white-label, or otherwise commercially distribute the Service without a separate written reseller agreement with ThermoMapIQ.
- Circumvent, disable, or interfere with any security feature, access control, or data protection mechanism of the Service.
- Use the Service in any manner that violates applicable local, state, national, or international laws or regulations, including export control laws and data protection regulations.
ThermoMapIQ may investigate suspected violations and, at its sole discretion, suspend or terminate access, preserve evidence, and cooperate with law enforcement without liability to you.
6. Data Ownership and Customer Data
You retain all right, title, and interest in and to the data, floor plan files, device configurations, sensor readings, and infrastructure telemetry you submit to the Service ("Customer Data"). ThermoMapIQ claims no ownership of Customer Data. You grant ThermoMapIQ a limited, non-exclusive, worldwide, royalty-free license to process, store, transmit, and display Customer Data solely as necessary to provide and improve the Service for your account.
ThermoMapIQ will not access Customer Data except to provide the Service, troubleshoot support issues at your request, comply with applicable law, or enforce these Terms. We will not use Customer Data for purposes that benefit other customers or third parties without your explicit written consent.
7. Intellectual Property Rights
ThermoMapIQ and its licensors retain all right, title, and interest in the Service, including all software, algorithms, AI models, interfaces, documentation, branding, and technology underlying the Platform. Nothing in these Terms transfers ownership of ThermoMapIQ intellectual property to you. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term, solely for your internal business purposes.
If you provide feedback, suggestions, or ideas about the Service, you grant ThermoMapIQ a perpetual, irrevocable, royalty-free license to use such feedback without restriction or compensation to you.
8. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information"). ThermoMapIQ's pricing, product roadmaps, and technical architecture are Confidential Information. Your Customer Data, business processes, and infrastructure configurations are Confidential Information. Each party agrees to: use Confidential Information only as permitted under these Terms; protect Confidential Information with the same degree of care used for its own confidential information, but no less than reasonable care; and not disclose Confidential Information to third parties without prior written consent. These obligations survive termination of these Terms for three years.
9. Service Level Agreement (SLA)
ThermoMapIQ commits to the following uptime targets: 99.9% monthly uptime for Thermal Pro and Enterprise tiers; 99.5% monthly uptime for Spatial Starter. "Uptime" means the Platform is accessible and processing requests, excluding scheduled maintenance windows (communicated 48 hours in advance), force majeure events, and issues caused by Customer's infrastructure or third-party services. If uptime falls below the committed level in any calendar month, Customers may request a service credit equal to 10% of the affected month's subscription fee per full percentage point below the SLA threshold, up to a maximum of 30% of the monthly fee. Service credits are the sole remedy for SLA violations.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERMOMAPIQ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS; AND ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED PREDICTIONS, THERMAL ASSESSMENTS, OR PLACEMENT RECOMMENDATIONS. You acknowledge that thermal predictions are probabilistic and should not be the sole basis for critical infrastructure decisions.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL THERMOMAPIQ BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF THERMOMAPIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (b) THERMOMAPIQ'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100). These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if ThermoMapIQ has been advised of the possibility of such damage.
12. Indemnification
You agree to defend, indemnify, and hold harmless ThermoMapIQ, its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service in violation of these Terms; (b) your Customer Data or the infrastructure you connect to the Service; (c) your violation of any applicable law or third-party right; or (d) your negligence or willful misconduct. ThermoMapIQ reserves the right to assume exclusive control of any matter subject to indemnification at its own expense.
13. Term, Suspension, and Termination
These Terms commence on the date you first access the Service and continue until your subscription is terminated. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing cycle; no refunds are issued for partial months unless required by law. ThermoMapIQ may suspend access immediately for: breach of the Acceptable Use Policy; failure to pay undisputed fees after a 10-day cure notice; or reasonable belief that continued access poses a security risk. ThermoMapIQ may terminate your subscription with 30 days' written notice for convenience. Upon termination, your access to the Service ceases and your data will be retained for 90 days before permanent deletion, during which you may request an export.
14. Governing Law, Disputes, and Severability
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the Service that cannot be resolved by good-faith negotiation shall be submitted to binding arbitration under the JAMS Streamlined Arbitration Rules in San Francisco County, California. Class action waivers apply — neither party may bring claims as a class or collective action. Either party may seek injunctive relief in state or federal courts in San Francisco County for intellectual property or confidentiality violations. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
15. General Provisions
These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Order Forms, constitute the entire agreement between you and ThermoMapIQ regarding the Service and supersede all prior negotiations, representations, and agreements. ThermoMapIQ's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right. You may not assign these Terms without ThermoMapIQ's prior written consent. ThermoMapIQ may freely assign these Terms in connection with a merger, acquisition, or sale of assets. Notices to ThermoMapIQ should be sent by email to [email protected] or by certified mail to the address below.
16. Contact
For legal inquiries, contract questions, or to report violations of these Terms, contact:
- Legal Team: [email protected]
- Phone: +1-415-555-0136
- Mailing Address: ThermoMapIQ, Inc., 101 California St, San Francisco, CA 94111, USA
For security incidents, contact: [email protected]