Terms & Conditions

1. Agreement and the Service

These Terms & Conditions (“Terms”) are an agreement between you and Skyko Design LLC (“Skyko,” “we,” “us,” or “our”), the operator of Thermocloud. They apply when you access or use the Thermocloud public website, authenticated web service, mobile applications, APIs, support, and related functionality (together, the “Service”). “You” means the person who accesses or uses the Service. “Customer Organization” means the organization whose Thermocloud workspace you are authorized to use.

By using the Service, you agree to these Terms. If you do not agree, do not use the Service. A signed service agreement between Skyko and your organization controls to the extent it expressly conflicts with these Terms.

2. Organizations and authority

The Service is intended for Customer Organizations and their authorized personnel. When you use a Customer Organization’s workspace, you represent that you are authorized to act within the role and access scope assigned to you. You accept these Terms on your own behalf. If you have actual authority to bind a Customer Organization, you also accept them on that organization’s behalf, and “you” includes that organization where the context requires. An organization administrator may manage your membership, role, access, notification routes, and records within the workspace.

3. Eligibility

The Service is a business tool offered for organizational and professional use. It is not directed to children. You must be at least 18 years old, or the age of majority where you live if that age is higher, and legally able to enter into a contract. We do not knowingly permit accounts for anyone under that age, and we may close an account created in violation of this section.

4. Accounts and security

You must provide accurate account information, keep it current, protect your credentials and devices, and promptly notify us of suspected unauthorized access. Do not share credentials or attempt to use another person’s account. You are responsible for activity conducted through your account, except to the extent that activity results from our own breach of these Terms.

We may require multifactor authentication, device-level protections, or other security measures for some accounts or roles. You are responsible for maintaining accurate contact and notification information for your own account. The Customer Organization and its authorized administrators are responsible for promptly removing workspace access that is no longer authorized.

5. Acceptable use

You may use the Service only lawfully, for authorized monitoring, installation, and operational purposes, and in accordance with these Terms. You must not:

• access accounts, organizations, facilities, devices, data, or systems without authorization;
• interfere with, overload, probe, scan, bypass, reverse engineer, or defeat Service security or access controls, except where applicable law expressly permits;
• introduce malicious code or submit content or telemetry that is unlawful, deceptive, harmful, or infringes another person’s rights;
• use the Service to send unlawful, unsolicited, or improperly consented communications;
• resell, sublicense, or provide the Service to third parties unless a written agreement allows it; or
• copy, modify, or create derivative works from protected parts of the Service except as applicable law or a written agreement permits.

6. Customer data and connected equipment

The applicable Customer Organization and other lawful owners retain their rights in information, floorplans, site records, configurations, device data, telemetry, alarm content, notes, and other material submitted to the Service (“Customer Data”). Skyko needs permission to host, copy, process, transmit, display, and otherwise use Customer Data to provide, secure, support, and maintain the Service and to comply with law. A Customer Organization grants that permission for its workspace through a signed agreement or an authorized representative. You grant it for Customer Data that you own or are authorized to submit, and you represent that you have the rights needed to submit it.

The Customer Organization is responsible for having the rights and permissions needed to connect equipment, submit Customer Data, define notification recipients and webhook destinations, and allow authorized users to access its workspace. The party that owns or controls connected equipment is responsible for its installation, siting, calibration, power, connectivity, maintenance, and safe operation. You remain responsible for your own use of the Service and for what you submit through your account.

7. Monitoring data and operational limitations

The Service helps users view environmental and operational data. Readings, positions, and status can be delayed, incomplete, inaccurate, duplicated, unavailable, or affected by sensor placement, calibration, battery, power, connectivity, configuration, third-party infrastructure, or user error. Offline and alarm thresholds are configuration aids and do not prove that equipment, products, facilities, or conditions are safe.

The Service is not a life-safety, emergency-dispatch, fire, security, medical, or other fail-safe system. Do not use the Service as the sole means of detecting or responding to a condition that could cause death, personal injury, property damage, product or inventory loss, environmental harm, or legal noncompliance. You and the Customer Organization responsible for the applicable facility or equipment are responsible for independent safeguards, inspections, procedures, personnel, and any monitoring required by law, regulation, insurer, manufacturer, or professional standard.

8. Alarms and notifications

Alarm evaluation and notifications are best-effort operational aids. Email, SMS, push, and webhook delivery may be delayed, filtered, rate-limited, misrouted, duplicated, or unavailable because of device settings, networks, carriers, push-notification providers, recipient systems, customer configuration, maintenance, or other circumstances. We do not guarantee that any alarm will be created, delivered, received, viewed, acknowledged, escalated, or acted on within a particular time.

The Customer Organization, together with the administrators and operators responsible for its notification program, is responsible for configuring and testing alarm rules and routes, keeping recipients current, obtaining any consent required to contact them, reviewing delivery status, and maintaining a separate response plan. Where you perform any of those tasks, you are responsible for doing so accurately. Carrier messaging and data charges may apply to recipients.

9. Fees and payment

The Service is currently provided without subscription fees, usage fees, or in-app purchases, and no payment information is collected through the Service. A signed agreement with a Customer Organization may establish fees, service levels, or other commercial terms for that organization, and that agreement controls for those matters.

We may introduce paid plans or features. If we do, we will present the applicable price and payment terms before you incur a charge, and those terms will supplement these Terms for the paid portion of the Service. Unless an applicable agreement says otherwise or the law requires a refund, fees are non-refundable. Nothing in this section obligates us to continue offering the Service, or any part of it, with or without charge.

10. Availability and changes

We may maintain, update, add, remove, suspend, or discontinue Service features. We may also impose reasonable technical limits to protect security, reliability, customers, or providers. We do not promise uninterrupted or error-free availability, and we offer no service-level commitment unless a signed agreement expressly provides one. We may provide advance notice of a material planned change when reasonably practicable.

11. Third-party services

The Service may depend on or connect with third-party products and services, including cloud infrastructure, authentication providers, mobile platform and push-notification providers, artificial-intelligence providers used for automated payload analysis, telecommunications and messaging providers, email delivery, customer devices, and customer-selected webhook destinations. Their terms, privacy practices, availability, and performance are controlled by those third parties. Skyko is not responsible for third-party products or services that it does not control.

12. Privacy

Our Privacy Policy explains how we handle information in connection with the Service. You and your organization are responsible for giving users, employees, contractors, visitors, and other affected people any notices and choices required for Customer Data you collect or submit.

13. Intellectual property

Skyko and its licensors own the Service, including its software, interface, design, documentation, branding, and all related intellectual-property rights, excluding Customer Data and third-party components. Subject to these Terms and any applicable signed agreement, Skyko grants you a limited, nonexclusive, nontransferable, nonsublicensable, revocable right to access and use the Service for the Customer Organization’s internal authorized purposes. The license to a mobile application is addressed in Section 14.

Some Service components are provided under open-source or other third-party licenses. Those components remain subject to their own license terms, and nothing in these Terms limits rights granted or obligations imposed by those licenses. Where a third-party license conflicts with these Terms for that component, the third-party license controls.

If you provide suggestions or feedback, you allow us to use it without restriction or compensation, but you are not required to provide feedback.

14. Mobile applications and app stores

We may make the Service available through mobile applications distributed by app stores or platform providers such as Apple and Google. Your use of an application is also subject to the applicable app store’s terms, and you must comply with any usage rules those terms impose.

The license to a mobile application is granted by the applicable app store’s end user license agreement, not by these Terms. For an application obtained from the Apple App Store, Apple’s Standard Licensed Application End User License Agreement governs your license to the application. These Terms govern the Thermocloud Service and supplement that license; they do not replace it. If Apple’s standard agreement conflicts with these Terms as to the application license itself, Apple’s agreement controls.

The following additional terms also apply to an application obtained from the Apple App Store:

• These Terms are between you and Skyko only, and not with Apple. Skyko, not Apple, is solely responsible for the application and its content.
• Apple has no obligation to provide maintenance or support for the application.
• If the application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application, and Skyko is responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty, subject to Section 17.
• Skyko, not Apple, is responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including product-liability claims, claims that it fails to conform to a legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation.
• Skyko, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the application, or your possession and use of it, infringes that party’s intellectual-property rights.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms when using the application, including your wireless data service terms.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.
• Questions, complaints, or claims about the application should be directed to Skyko using the contact details in Section 22.

15. Suspension and termination

You may stop using the Service at any time. We may restrict or suspend access when reasonably necessary to address a security risk, suspected unlawful or unauthorized use, harm to the Service or others, violation of these Terms, or a legal requirement. We may provide notice and an opportunity to address the issue when practicable. We may also discontinue the Service, or your access to it, at any time.

Ending access does not automatically delete all account or Customer Data records. Organization-controlled data may remain available to other authorized members, and records may be retained as described in the Privacy Policy or an applicable agreement.

16. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available,” with all faults and without warranty of any kind. Skyko disclaims all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service or its data, alarms, notifications, recommendations, or results will be accurate, complete, timely, secure, uninterrupted, or suitable for a particular operational or compliance need.

These disclaimers do not limit any express commitment in a signed agreement or any warranty that applicable law does not allow us to disclaim. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

17. Limitation of liability

To the maximum extent permitted by law, Skyko and its members, officers, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for any lost profits, revenue, business opportunity, goodwill, data, products, inventory, or use, or for loss of or damage to property, arising from or related to the Service or these Terms, whether based in contract, tort (including negligence), strict liability, or any other theory, and even if advised that such loss may occur.

To the maximum extent permitted by law, Skyko accepts no liability for loss or damage arising from or related to your access to or use of, or inability to use, the Service, except for the capped amount stated in this section and any liability that cannot lawfully be excluded. The total cumulative liability of Skyko and the parties listed above for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total amount you paid Skyko for the Service in the twelve months before the event giving rise to the claim, or (b) one hundred United States dollars (US$100). Multiple claims do not enlarge this limit.

Any liability allocation or monetary cap in a signed agreement with your organization controls over this section. The limitations in this section apply even if a limited remedy fails of its essential purpose, they apply whether or not you pay anything for the Service, and they form a basis of the bargain between you and Skyko.

To the extent permitted by law, any claim arising out of or relating to the Service or these Terms must be brought within one year after the claim arises, and any claim not brought within that period is permanently barred.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that applicable law does not permit us to exclude. Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you.

18. Indemnification

To the extent permitted by law, a Customer Organization that accepts these Terms will defend, indemnify, and hold harmless Skyko and its members, officers, employees, and contractors from and against any third-party claim, demand, proceeding, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or related to: its Customer Data; its connected equipment and that equipment’s installation, siting, or operation; its configuration of notification recipients, messaging, or webhook destinations; its violation of these Terms or applicable law; or its infringement or misappropriation of a third party’s rights.

As an individual user, you will defend, indemnify, and hold harmless the same parties on the same basis, but only for third-party claims arising out of your own unlawful or unauthorized conduct, your violation of these Terms, or your infringement or misappropriation of a third party’s rights. You do not indemnify Skyko for matters controlled solely by a Customer Organization or by Skyko.

We will notify the indemnifying party of a claim covered by this section, allow that party to control its defense with counsel of its choosing (subject to our reasonable approval), and reasonably cooperate at that party’s expense. The indemnifying party may not settle a claim in a way that imposes an obligation or admission on Skyko without our written consent.

19. Washington law

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules. Any dispute not subject to a different written agreement must be brought exclusively in a state or federal court with jurisdiction in Washington, and you and Skyko consent to those courts’ personal jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Applicable consumer-protection rights that cannot be waived remain in effect.

20. Changes to these Terms

We may update these Terms as the Service or applicable requirements change. We will post the updated Terms here and revise the date above. We may provide additional notice when a change materially affects existing users. Continued use after updated Terms take effect constitutes acceptance to the extent permitted by law. If you do not agree to an update, stop using the Service.

21. General terms

Entire agreement. These Terms, any signed agreement, and any supplemental terms that apply to a specific feature are the entire agreement between you and Skyko about the Service, and they replace any prior or contemporaneous understanding on that subject. The Privacy Policy describes our information practices and is referenced by these Terms, but it is not incorporated into them and does not create a contractual warranty beyond what applicable law or a signed agreement requires.

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full force and effect.

No waiver. A failure or delay in enforcing any provision is not a waiver of it, and a waiver on one occasion does not waive any other occasion.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent, and any attempt to do so is void. We may assign these Terms in connection with a merger, financing, acquisition, reorganization, or sale of all or part of our business, or to an affiliate.

Notices. We may provide notices to you by email to the address on your account, by posting in the Service, or by posting on this page. You may send notices to us at the address in Section 22. Notices are effective when sent or posted.

Force majeure. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, including acts of nature, fire, flood, severe weather, power or network failure, telecommunications or cloud-provider outage, labour dispute, civil unrest, war, terrorism, epidemic, embargo, or government action.

Survival. Sections that by their nature should survive termination will survive, including Sections 6, 7, 8, 13, and 16 through 21.

Relationship and beneficiaries. These Terms do not create a partnership, joint venture, agency, or employment relationship. Except as stated in Section 14 for Apple, these Terms create no third-party beneficiary rights.

Export and sanctions. You must comply with applicable export-control and sanctions laws and must not use the Service in violation of them.

Interpretation. Headings are for convenience only. “Including” means “including without limitation.”

22. Contact

Questions about these Terms may be sent to: