Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding agreement between you ("Customer", "you") and GeoTech Systems Inc. ("GeoTech", "we") governing access to and use of the GeoTech Telemetry platform, APIs, and website (the "Service"). By creating an account or using the Service, you accept these Terms. If you act on behalf of an organization, you represent that you are authorized to bind it.

2. The Service

GeoTech Telemetry provides cloud-based ingestion, storage, visualization, alerting, and query capabilities for device telemetry. We may add, modify, or discontinue features with reasonable notice; we will not materially degrade core functionality of a paid plan during an active subscription term.

3. Accounts and Security

You must provide accurate registration information and keep credentials and API tokens confidential. You are responsible for all activity under your account. Notify us at [email protected] immediately upon discovering any unauthorized use.

4. Free Trial

New customers may use the Service free of charge for 14 days. At the end of the trial, access converts to a paid subscription only upon your explicit order; we do not auto-convert or require a credit card to start. Trial data is retained for 30 days after expiry, then deleted.

5. Subscriptions, Billing, and Payment

• Paid plans are billed monthly or annually in advance, in US dollars.
• Fees are exclusive of taxes; you are responsible for applicable taxes excluding taxes on our income.
• Overage beyond plan limits is billed at the rates shown in your order or the pricing page.
• You may cancel at any time; cancellation takes effect at the end of the current billing period. Prepaid fees are non-refundable except as required by law or stated in Section 8.

6. Acceptable Use

You agree not to:

• Use the Service to violate any law or third-party rights;
• Probe, scan, or test the vulnerability of the Service without written authorization;
• Interfere with or disrupt the Service, including by exceeding rate limits intentionally;
• Ingest malicious code or data designed to harm the platform or other customers;
• Resell the Service or provide access to third parties outside your organization except as permitted by your plan.

7. Customer Data

You retain all rights to telemetry and other data you submit ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the Service. We handle personal data per our Privacy Policy. You represent that you have all rights and consents needed to submit Customer Data to the Service.

8. Service Level and Support

Enterprise plans include a 99.99% monthly uptime SLA. If we miss the SLA, you receive service credits equal to 10% of the monthly fee per 0.1% of downtime below the target, up to 100% of that month's fee, as your exclusive remedy. Starter and Team plans include best-effort availability with status page notifications.

9. Intellectual Property

We own all rights in the Service, including software, documentation, and trademarks. These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription. Feedback you provide may be used by us without restriction or compensation.

10. Confidentiality

Each party will protect the other's non-public information with the same care it uses for its own, and at least reasonable care, and use it only to perform under these Terms. This obligation survives three years after termination; trade secrets remain protected for as long as they qualify as such.

11. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS". WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE IS A MONITORING TOOL AND IS NOT A SUBSTITUTE FOR SAFETY-CRITICAL CONTROL SYSTEMS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS OR REVENUE. EACH PARTY'S AGGREGATE LIABILITY UNDER THESE TERMS IS LIMITED TO THE FEES PAID OR PAYABLE BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW, OR TO YOUR BREACH OF SECTION 6.

13. Indemnification

We will defend you against third-party claims that the Service infringes intellectual property rights, and indemnify resulting damages, provided you promptly notify us and allow us to control the defense. You will defend and indemnify us against claims arising from Customer Data or your breach of Section 6.

14. Term and Termination

These Terms apply while you use the Service. Either party may terminate for material breach uncured within 30 days of written notice. Upon termination your right to access ends; we make Customer Data available for export for 30 days, after which it is deleted per our retention schedule.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, excluding conflict-of-law rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas. Before filing suit, the parties will attempt good-faith resolution for at least 30 days.

16. Miscellaneous

These Terms, together with any order form and the Privacy Policy, are the entire agreement between the parties. Neither party may assign them without the other's consent, except to an affiliate or in connection with a merger or sale of substantially all assets. If any provision is unenforceable, the remainder stays in effect. Failure to enforce a right is not a waiver.

17. Contact

Questions about these Terms: GeoTech Systems Inc., 814 Wren Hollow Lane, Suite 210, Austin, TX 78746, United States — [email protected].