Terms of service

Effective Date: April 20, 2026

IMPORTANT NOTICE REGARDING YOUR LEGAL RIGHTS: SECTION 26 OF THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, A CLASS ACTION AND CLASS ARBITRATION WAIVER, AND A JURY TRIAL WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 26 CAREFULLY BEFORE ACCEPTING THIS AGREEMENT. YOU MAY OPT OUT OF THE CLASS ACTION WAIVER AS DESCRIBED IN SECTION 26.

This Terms of Service Agreement (this "Agreement") sets forth the legally binding terms and conditions governing access to and use of all services, software, websites, applications, content, and hardware devices (collectively, the "Services") provided by HeatSense LLC ("HeatSense," "we," "us," or "our") to the individual or entity accessing or using the Services ("you," "your," or "Customer"). This Agreement, together with our Privacy Policy (available at heatsense.com/privacy-policy), forms a binding contract between you and HeatSense.

By accessing or using any part of the Services, including creating an Account or completing a transaction on our platform, you expressly agree to comply with and be bound by this Agreement and all applicable laws and regulations. If you do not agree to these terms, you may not access or use the Services.

1. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

"Account" means the user account you create through the HeatSense platform to access and use the Services.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with HeatSense.
"App" or "Mobile App" means the HeatSense mobile software application made available by HeatSense for download on iOS or Android devices.
"Content" includes but is not limited to software, data, graphics, user interfaces, visual interfaces, photographs, images, artwork, audio, video, text, layout, and other materials presented via the Services.
"Credentials" refers to login information, usernames, passwords, authentication tokens, or other unique access mechanisms associated with an Account.
"Data Protection Terms" or "DPT" means a separately executed institutional data handling agreement between HeatSense and a school, or athletic program that governs the collection, processing, and protection of Athlete Data for that institutional relationship and controls over this Agreement on matters of institutional data handling in the event of conflict.
"HeatSense Data" means de-identified and aggregated data, standards, insights, or metrics developed or generated by HeatSense from user data across the platform, including data created by combining de-identified User Content from multiple users. HeatSense Data is a platform asset owned and controlled by HeatSense.
"Device(s)" refers to the HeatSense thermal sensor and any accompanying hardware, such as chargers or auxiliary sensors or hubs, that interact with the App or Dashboard.
"Feedback" means any suggestions, comments, ideas, or other information regarding improvements or changes to the Services submitted by you to HeatSense.
"Managing Entity" refers to a school, team, athletic program, employer, or other organization that sponsors, administers, or facilitates your access to the Services under a Data Protection Agreement or other institutional arrangement.
"Paid Services" refers to any aspect of the Services for which a fee is charged, including subscription-based offerings.
"Personal Information" has the meaning ascribed under applicable data privacy law and includes any information relating to an identified or identifiable individual that is collected or processed by HeatSense.
"Subscription Term" refers to the recurring duration of a Paid Service, including but not limited to monthly, annual, or other fixed intervals.
"Team Dashboard" means the web-based platform provided by HeatSense that allows teams, coaches, trainers or group administrators to view and analyze heat and performance data.
"User Content" means any information, data, recordings, messages, files, or other content submitted, uploaded, or otherwise provided by users through the Services.

2. Access to the Services and Acceptable Use

Subject to your compliance with this Agreement, HeatSense grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for personal, non-commercial use in accordance with all applicable laws and regulations.

You acknowledge and agree that your access to the Services is contingent upon your compliance with this Agreement and any additional instructions, guidelines, or documentation made available by HeatSense from time to time.

You shall not, directly or indirectly:

Copy, reproduce, republish, upload, post, transmit, or distribute any part of the Services without our prior written consent.
Modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Services.
Use the Services in a manner that violates any third-party intellectual property or proprietary rights.
Engage in unauthorized access to, or use of, any account, data, or system not belonging to you.
Attempt to probe, scan, or test the vulnerability of the Services or any related system or network.
Introduce any viruses, malware, Trojan horses, or other harmful code into the Services or attempt to circumvent security or authentication measures.
Use the Services in any way that could damage, disable, overburden, or impair the functionality of the Services or interfere with any other party's use of the Services.

3. Resale and Commercial Use Prohibited

All Devices and Services are intended for individual use only and are not authorized for resale or commercial exploitation without the express written consent of HeatSense. HeatSense reserves the right to cancel or refuse any order that it believes, in its sole discretion, has been made with the intent to resell the Device or redistribute access to the Services.

Any unauthorized resale or distribution may result in immediate termination of your Account and revocation of your license to access the Services, without refund, and may also subject you to legal action.

4. Account Security and Access Credentials

You are solely responsible for maintaining the confidentiality and security of your Credentials. You agree to:

Not disclose your Credentials to any third party.
Immediately notify HeatSense of any unauthorized use of your Account or Credentials, or any other breach of security.
Use reasonable efforts to prevent unauthorized access to or use of the Services.

You are fully responsible for all activities that occur under your Account. HeatSense will not be liable for any loss or damage arising from your failure to comply with the above obligations.

HeatSense reserves the right to disable or suspend access to your Account or any Credentials at any time, without notice, if it reasonably believes you have violated any term of this Agreement or otherwise jeopardized the security or integrity of the Services.

Third-Party Login Services. You may create or access your Account using a traditional email and password combination or through approved third-party login services such as Google Sign-In and Apple's "Sign in with Apple." When using a third-party login service:

We will receive only the information you choose to share through that service, which may include your name, email address, or an anonymized relay email address (in the case of Apple).
If you choose to hide your email address when using Sign in with Apple, we will store and use the anonymized relay address for account-related communications only.
We do not collect or use data from any third-party login service for advertising or tracking purposes without your express consent.
You may disconnect a third-party login method in your account settings, but you may need to add another login method to retain access.

5. Paid Services, Subscriptions, and Billing

If your access to the Services is governed by an Enterprise Agreement, Charter Client Agreement, or other signed contract with HeatSense, the billing, invoicing, and payment terms of that agreement control and this Section 5 does not apply to your relationship with HeatSense.

Certain aspects of the Services require payment, including but not limited to subscriptions to access the full range of App features, Team Dashboard tools, and data analysis ("Paid Services"). When you register for Paid Services, you agree to pay all applicable fees, charges, taxes, and any other amounts disclosed during your purchase process.

Your subscription will begin upon successful activation of your Device or as otherwise specified during checkout. Unless otherwise specified, all fees are due in advance and will be billed to the payment method you provide during the registration process ("Payment Method"). You authorize us or our third-party payment processor to store and automatically charge your Payment Method in accordance with the terms of your subscription plan.

You represent and warrant that you are authorized to use the designated Payment Method and that you authorize us or our payment processor to charge the Payment Method for the total amount of your purchase, including all applicable taxes and other charges.

If we are unable to charge your Payment Method, we may suspend or cancel your access to the Services until payment is received.

6. Subscription Terms and Renewals

If your access to the Services is governed by an Enterprise Agreement, Charter Client Agreement, or other signed contract with HeatSense, the subscription term, renewal, cancellation, and refund terms of that agreement control and this Section 6 does not apply to your relationship with HeatSense.

HeatSense offers subscription plans on an annual basis. Subscription details, including term length, installment options, pricing, and included features, are presented at the time of purchase. Your subscription will automatically renew at the end of each term for successive equivalent periods unless you cancel your subscription prior to the renewal date.

You will receive an email notification at least thirty (30) days before any annual renewal takes effect. By continuing to use the Services after such renewal date, you agree to pay the applicable subscription fees and authorize us to charge your Payment Method accordingly.

To cancel your subscription, visit your Account settings in the HeatSense App or Team Account Settings or contact HeatSense. Cancellation will be effective at the end of your current billing period, and you will retain access until that period ends. No refunds will be issued for any unused portion of a subscription term except as required by applicable law or at HeatSense's sole discretion.

7. Warm Up Programs

HeatSense may offer introductory pilot programs to new users of the Services. The specific terms and duration of any pilot program or equivalent plan or offer will be disclosed at the time of signup.

We reserve the right to revoke or modify any promotional offer at any time and for any reason, including if we determine that you are not eligible for the offer.

8. Cooling-Off Period (U.S. Only)

If you reside in the United States and purchase a subscription directly from HeatSense, you may cancel your subscription and request a refund of your Initial Membership Fee within thirty (30) days of receiving your Device, provided you have not activated the Device or begun using the Services. If the Device has been activated or data has been uploaded to the App or Dashboard, the cooling-off period shall be deemed waived.

To initiate a return during this period, you must contact HeatSense and return the Device in accordance with our return instructions.

9. Failure to Pay

If any subscription fees or other charges are outstanding for more than three (3) days past the due date, your Account will be deemed delinquent and may be placed into an inactive state. While in this inactive state, your Device may continue collecting data locally, but you will not be able to sync or view updated information via the Services until your balance is resolved.

We may continue to attempt to charge your Payment Method and may use third-party collections services to recover unpaid amounts. Any associated costs incurred by HeatSense in the process of recovering unpaid balances may be added to your outstanding invoice.

10. Limited Product Warranty

The Warranty period starts at the date of the original retail purchase. The Warranty period for a HeatSense device is one (1) year. Exclusively in the European Union, warranty period for HeatSense devices is extended to two (2) years. This period may vary depending on the point of sale and applicable local laws. The warranty period for USB charging cable is one (1) year.

Warranty does not cover:

Normal wear and tear such as scratches, abrasions, or alteration of the colour and/or material of non-metallic straps, defects caused by rough handling, or defects or damage resulting from use contrary to intended or recommended use, improper care, negligence, and accidents such as dropping or crushing.
Printed materials and packaging.
Defects or alleged defects caused by use with any device, accessory, software and/or service not manufactured or supplied by greenteg.

HeatSense does not warrant that the operation of the device or accessory will be uninterrupted or error free, or that the device or accessory will work with any hardware or software provided by a third party. This warranty is not enforceable if the device: has been repaired using unauthorized spare parts; modified or repaired by unauthorized third party; serial number has been removed, altered, or made illegible in any way, as determined at the sole discretion of HeatSense; or has been exposed to chemicals including but not limited to sunscreen and mosquito repellents.

Warranty services can be accessed with proof of your purchase. If you need your device repaired under warranty, please contact HeatSense and we will guide you through the process.

11. Return and Refund Policy

If you are not satisfied with your HeatSense Product or subscription, you may return the Product and request a cancellation of your membership within thirty (30) days of the original delivery date. The Product must be returned in good working condition and include all original components (device, band, charging cable, etc.).

Returns initiated after the thirty (30) day period may not be eligible for a refund but will be processed at HeatSense's discretion.

You are responsible for all return shipping costs. HeatSense is not responsible for lost or damaged items during return shipping. Refunds, if issued, will be credited to your original payment method, minus any shipping or restocking fees.

To initiate a return, you must contact HeatSense and follow the provided return instructions.

12. Replacement and Restocking

If a replacement Product is issued under warranty, you may be required to return the original defective Product within thirty (30) days of receipt of the replacement. Failure to return the original device may result in a charge of up to $199 or its equivalent in your local currency (the "Restocking Fee").

HeatSense reserves the right to inspect and verify the returned Product before issuing any refund or replacement. Products returned in damaged or non-functional condition due to user negligence may not be eligible for warranty coverage or refund.

13. User Content and Data Sharing

You may submit, upload, transmit, or otherwise provide information, data, notes, metrics, logs, or other materials to HeatSense through your use of the Services ("User Content"). You retain ownership of your identified User Content.

By submitting User Content, you grant HeatSense and its Partners the following licenses:

Identified User Content License. A worldwide, non-exclusive, royalty-free, revocable license to use, store, display, and process your identified User Content to: (a) provide, maintain, and improve the Services; (b) comply with applicable law or enforce this Agreement; and (c) support customer service and account management. This license terminates when you delete your account and request deletion of your identified data, subject to applicable retention obligations.

HeatSense Data License. The Institution or user hereby authorizes HeatSense to combine in wholly de-identified and aggregated form User Content with existing and future HeatSense Data to create enhanced HeatSense Data for HeatSense's and its partners' general business use, on a royalty-free, worldwide, irrevocable, perpetual, sublicensable, and transferable basis. This authorization is irrevocable because de-identified data is incorporated into platform-wide models and cannot be disaggregated once combined.

HeatSense owns all Derived Insights. HeatSense is the sole owner of all aggregated outputs, trained models, scoring algorithms, benchmark datasets, Thermal Response indices, and other derivative works created from User Content — whether identified or anonymized — including all intellectual property rights therein. Your retention of ownership in your identified User Content does not confer any rights in these derivative works.

You control how your User Content is shared, including with teams, coaches, or organizations (collectively, "Managing Entities"). You also have the right to:

Request deletion of your identified User Content, subject to applicable retention obligations and the irrevocable anonymized data license above;
Export your data in a structured, commonly used format;
Withdraw consent to certain data processing activities, if applicable under local law.

Please review our Privacy Policy for full details on how we handle your personal data, and how you may exercise your rights under laws such as the Texas Data Privacy and Security Act (TDPSA), General Data Protection Regulation (GDPR), or California Consumer Privacy Act (CCPA), where applicable.

14. Institutional Relationships and Managing Entities

If your use of the Services is sponsored, administered, or facilitated by a Managing Entity, you acknowledge and agree to the following:

The Managing Entity may access, review, and manage your User Content, including but not limited to heat exposure metrics, performance data, and recovery trends, subject to your account configuration, any applicable privacy settings, and the terms of any Data Protection Agreement between HeatSense and the Managing Entity.
Where a Data Protection Agreement has been executed between HeatSense and the Managing Entity, that agreement governs data collection, processing, retention, and the rights of the Managing Entity and its users for that institutional relationship, and controls over this Agreement in the event of conflict on those matters.
The Managing Entity is solely responsible for determining how your data is accessed, used, stored, and shared within their program. All questions, concerns, or requests regarding your privacy rights must be directed to the Managing Entity. HeatSense acts solely as a service provider on behalf of the Managing Entity with respect to institutional deployments.

15. Children's Data and Responsibility of Managing Entities

If the Services are provided by or through a Managing Entity to individuals under the age of 13, the Managing Entity bears sole responsibility for complying with all applicable laws governing children's privacy, including but not limited to obtaining any required verifiable parental consents under the Children's Online Privacy Protection Act ("COPPA").

HeatSense does not knowingly collect personal information directly from children under 13 and relies on the Managing Entity to ensure such individuals are only granted access in compliance with all applicable legal requirements. If we become aware that personal information has been collected from a child under 13 without proper authorization, we will take reasonable steps to delete such information.

15A. Athlete Data De-Identification

Where the Services are deployed through a Managing Entity, athlete names and direct identifiers are replaced with anonymous tokens in HeatSense systems by default. Identifying information is not visible to HeatSense unless the Customer has provided identity-visibility consent under the applicable Data Protection Agreement. Athletes or their guardians who wish to exercise data rights with respect to identified records should contact their Managing Entity.

15B. Institutional Account Provisioning

Where a Managing Entity deploys the Services across a roster, the Managing Entity may provision accounts on behalf of athletes and other users using administrative credentials or placeholder contact information, subject to the terms of the applicable Data Protection Agreement. Athletes enrolled through institutional provisioning are subject to the consent and data handling requirements described in Section 15 and the applicable Data Protection Agreement. HeatSense relies on the Managing Entity's representation that all required consents are in place for provisioned accounts.

15C. Team Dashboard and Institutional Staff Users

Where a Managing Entity has executed a Data Protection Agreement and Enterprise Agreement with HeatSense, coaches, athletic trainers, administrators, and other institutional staff granted access to the Team Dashboard ("Staff Users") access the Services on behalf of and under the authority of that Managing Entity. The following terms apply to all Staff Users:

License scope. Staff Users receive a limited, non-exclusive, non-transferable license to access and use the Team Dashboard for the Managing Entity's internal athletic program operations during the applicable Agreement Term. This license is granted for institutional, not personal, use and is subject to the terms of the Managing Entity's Enterprise Agreement and Data Protection Agreement.
Athlete data obligations. Athlete Data accessible through the Team Dashboard is subject to the Managing Entity's Data Protection Agreement and all applicable privacy law. Staff Users may not export, share, screenshot, or otherwise distribute Athlete Data outside the Managing Entity's program without authorization from the Managing Entity and in compliance with the DCA.
Account lifecycle. It is the Managing Entity's responsibility to remove a Staff User's account upon departure, or to contact HeatSense to remove it. Staff Users retain no rights to Athlete Data accessed during their tenure.
Managing Entity responsibility. The Managing Entity is responsible for ensuring that Staff Users comply with this Agreement, the DCA, and any applicable institutional policies. HeatSense may suspend or terminate a Staff User's access upon written request from the Managing Entity or upon reasonable determination that the Staff User has violated these terms.
Billing and renewal. Staff Users do not have individual billing relationships with HeatSense. All fees, renewal terms, and cancellation rights are governed exclusively by the Managing Entity's Enterprise Agreement. Sections 5 and 6 of this Agreement do not apply to Staff Users.

16. Feedback and Suggestions

If you choose to submit comments, suggestions, ideas, or feedback to HeatSense related to the Services or future improvements (collectively, "Feedback"), you acknowledge and agree that:

Feedback shall become the exclusive property of HeatSense.
HeatSense is free to use and incorporate Feedback without restriction or obligation to compensate you.
You hereby assign all rights in the Feedback to HeatSense, including any intellectual property rights, to the fullest extent permitted by law.

17. Copyright and DMCA Policy

HeatSense respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been used in a way that constitutes infringement, please provide a written notice (a "DMCA Notice") containing the following:

A physical or electronic signature of the copyright owner or authorized agent.
Identification of the copyrighted work claimed to be infringed.
A description of the material that is allegedly infringing and where it is located.
Your contact information, including address, telephone number, and email address.
A statement that you have a good faith belief that the use of the material is not authorized.
A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.

Please send DMCA Notices to: support@heatsense.com

HeatSense reserves the right to remove content that is alleged to infringe and may terminate the accounts of repeat infringers.

18. Medical Disclaimer

HeatSense is a wellness and performance platform, not a medical device. HeatSense takes inputs — including physiological and environmental data — and produces outputs in the form of insights, alerts, and recommendations. None of these inputs or outputs, now or at any time, constitute medical advice, clinical assessment, or diagnosis of any kind. The presence of biometric or vital data within the Services does not confer any diagnostic or medical character on the platform. HeatSense does not create a doctor-patient relationship. If you experience any health concerns, discontinue use and seek appropriate care.

19. Product Warnings and Precautions

HeatSense is a wellness and performance platform. Outputs from the platform are not intended to replace professional medical advice and should not be used to diagnose or treat any medical condition. Individual results may vary based on physiological differences.

Do not modify, disassemble, remanufacture, puncture, or damage the device.
Make sure the device is in proper working condition before use. The sensor should be free of visible defects, discoloration, and damage. If the sensor is discolored or damaged, discontinue use. Never use a damaged sensor or one with exposed electrical circuitry.
Do not attempt to clean or sanitize HeatSense device in any other manner than set out in the "Maintenance" section of the HeatSense Important Product Information document.
This device is intended only for external use on healthy skin (no mucous membrane).
Do not use this device for any other purpose than what it is intended for.
Do not expose HeatSense device to excessive heat or fire. Do not bring the device into sauna or steam bath. The rated (safe) operating temperature range of the device is 10-45°C (55-113°F). Note: The device can be operated at ambient temperatures below the rated operating temperature limits, as long as the device is kept in contact to the skin. The body heat will keep the device temperature within rated operating temperature limits.
To prevent accelerated battery ageing and discolorations, avoid high temperatures and exposure to direct sunlight when storing the device. The preferred storage temperature limits of the device are 10-23°C (55-77°F).
Do not use HeatSense in any manner other than that specified in the HeatSense manuals. Do not attempt to measure a person's body temperature on another body location than those specified in the official supporting documentation of HeatSense.
Do not apply the device on irritated or damaged skin or on a fresh tattoo. Remove it immediately if you experience itching, irritation, redness, or rash. To reduce the risk of skin irritation please regularly clean the device with water and soap or rubbing alcohol after each use.
Alterations at the skin surface such as oils, make-up or tattoos may cause inaccuracies in temperature estimation.
HeatSense should not be used to measure a person's body temperature instantaneously and in no way is intended to replace routine temperature screening. The user must be aware that HeatSense has a thermal equilibration time (time needed to acquire a stable reading) of up to 15 minutes before it can display the user's body temperature accurately.
Accuracy of temperature estimation can be affected by profuse sweating, superficial wounds or injury at the measurement site.
The back side of the HeatSense device must be kept clean and intact. Any damage, dust or dirt can result in an erroneous temperature reading and might cause skin irritations.
In case water enters the HeatSense device, do not use or attempt to charge the device and contact HeatSense immediately for technical service.
Do not use the HeatSense device in any environment with a strong electromagnetic field. Do not use the device close to or inside of MRI or CT facilities.
Handle the HeatSense device with care and avoid any physical percussion such as knocking the device against hard surfaces or dropping it. Do not use the HeatSense device if damaged or not in proper working condition.
HeatSense is designed for individuals aged 18 to 65. Use outside this age range may result in unexpected or inaccurate temperature readings.
Keep the device and its accessory parts out of reach of infants, children, and pets.
Use of the HeatSense device does not substitute for professional medical consultation as the HeatSense is not an approved medical device. Tell your physician what type of thermometer you are using and where on the body the temperature reading was taken.
The "normal" core temperature range as well as tolerance to deviations from this range varies for each individual. The individual core temperature and tolerance to it varies according to factors including, but not limited to, a person's sex, BMI, age, outside temperature, and physical conditions.
HeatSense has not been formally tested on pregnant individuals. Actual and measured temperature patterns may deviate from the user's "normal" temperature range, in a non-pregnant state.
It may take time before changes in the body's core temperature are reflected in the skin temperature and heat flux. For this reason, it can take up to 1 hour for HeatSense to report changes in core temperature. Failure to observe above-mentioned precautions may lead to either overestimated or underestimated body temperature readings.
Note that physical activity can elevate the body temperature. Any misinterpretation of body temperature readings by the user as well as any actions taken as a result of this misinterpretation, cannot be attributed to product malfunctions.
Note that the HeatSense device and HeatSense app are subject to frequent updates. Users of HeatSense are responsible for regularly updating their HeatSense device and HeatSense app to their respective latest versions.

20. Use of Artificial Intelligence and Third-Party Services

HeatSense may incorporate artificial intelligence technologies, including but not limited to machine learning models, predictive analytics, and third-party data processing services ("AI Tools"), to enhance certain features within the Services, such as insights, recommendations, or automated data interpretations.

You acknowledge and agree that:

AI Tools may generate estimates, insights, or suggestions based on input data but do not provide clinical or diagnostic information, and may contain errors, inaccuracies, or reflect bias based on training data.
The output of AI Tools is provided solely for informational and wellness-support purposes and is not a substitute for professional medical, athletic, or safety-related advice.
You remain solely responsible for evaluating the accuracy and applicability of any output or recommendation generated through the Services.
HeatSense makes no guarantees as to the accuracy, completeness, or reliability of information generated by AI Tools or third-party integrations.
HeatSense may share certain User Content or derived data with third-party processors as required to operate or improve the AI Tools, in accordance with our Privacy Policy.
Your continued use of the Services constitutes your consent to the use and processing of your data by such technologies and third-party providers.

21. Disclaimer of Warranties

Except as expressly stated in this Agreement or the Product Warranty, the Services and Products are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.

To the fullest extent permitted by law, HeatSense disclaims all warranties, express or implied, including:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Warranties arising from usage of trade or course of dealing.
Warranties that the Services will be uninterrupted, error-free, secure, or that any data will be accurate or preserved without loss.

No oral or written information provided by HeatSense or its representatives shall create any warranty not expressly stated in this Agreement.

22. Limitation of Liability

To the maximum extent permitted by applicable law, HeatSense and its affiliates, licensors, and service providers shall not be liable for any loss not caused by HeatSense's breach of this Agreement, including warranty terms, for any incidental, special, indirect or consequential damages including but not limited to any loss of profit or loss of opportunity, personal injury, pain and suffering, or emotional distress.

In no event shall HeatSense's total liability to you exceed the amounts set forth below, based on your relationship with HeatSense:

Individual users (personal subscriptions): the greater of one hundred U.S. dollars ($100) or the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.
Institutional Managing Entities without signed Data Protection Terms: the greater of five hundred U.S. dollars ($500) or the total fees paid by the institution in the twelve (12) months preceding the event.
Where a Data Protection Terms has been executed between HeatSense and an institutional Managing Entity, the liability cap and carve-outs in that agreement govern claims arising in connection with that institutional relationship and control over this Section.

23. Force Majeure

Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement (other than payment obligations) to the extent such failure results from causes beyond that Party's reasonable control, including acts of God, natural disasters, pandemics, governmental actions, or third-party infrastructure failures. The affected Party shall provide prompt written notice and use commercially reasonable efforts to resume performance.

24. Partner Acknowledgment and Trademark Notice

HeatSense collaborates with a range of technology and service partners to enhance the capabilities and user experience of its products. In doing so, HeatSense may integrate or interoperate with hardware, software, and platforms owned by third parties.

All associated trademarks, logos, and brand names are the property of their respective owners. Any reference to these trademarks in connection with HeatSense's services is for identification purposes only and does not imply any sponsorship, endorsement, or affiliation unless explicitly stated.

25. Indemnification

You agree to indemnify, defend, and hold harmless HeatSense, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with:

Your use or misuse of the Services or Products.
Your violation of this Agreement or applicable law.
Any User Content you provide, post, or share through the Services.

26. Governing Law and Dispute Resolution

This Agreement shall be governed exclusively by the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Austin, Texas for any dispute arising out of or relating to this Agreement or the Services.

Dispute Resolution. Before initiating any formal proceeding, the Party asserting a claim shall provide written notice describing the dispute in reasonable detail. The Parties shall attempt to resolve the dispute through good-faith negotiation within fifteen (15) days. If unresolved, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with one arbitrator in Austin, Texas. The arbitrator's decision shall be final and binding. For claims of $15,000 or less, you may choose whether arbitration is conducted by document submission, telephone, or in-person hearing. HeatSense will pay your AAA filing fee for claims of $15,000 or less. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

Class Action and Class Arbitration Waiver. YOU AND HEATSENSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable for any reason, then the entirety of the arbitration agreement in this Section 26 shall be void and any remaining dispute shall be resolved in court.

Exceptions. The following disputes are not subject to mandatory arbitration: (a) claims that qualify for small claims court in your jurisdiction; (b) claims seeking emergency injunctive relief to stop unauthorized use, infringement, or irreparable harm, which may be brought in any court of competent jurisdiction without first completing negotiation or arbitration; and (c) enforcement actions through applicable federal, state, or local agencies.

Opt-Out. You may opt out of the class action waiver by sending written notice to legal@heatsense.com within thirty (30) days of first accepting this Agreement. Your notice must include your name, address, and a clear statement that you wish to opt out of the class action waiver. Opting out does not affect the mandatory arbitration provision or any other part of this Agreement.

27. Miscellaneous

Waiver of Jury Trial.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES.

Entire Agreement. This Agreement, including the Privacy Policy, any executed Data Protection Agreement, and any supplemental terms, constitutes the entire agreement between you and HeatSense regarding the Services. Where a Data Protection Agreement has been executed with a Managing Entity, it controls over this Agreement on matters of institutional data handling.

Severability. If any provision is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the rest of the Agreement will remain in full force and effect.

No Waiver. Failure by HeatSense to enforce any right or provision shall not constitute a waiver of future enforcement.

Assignment. You may not assign or transfer your rights under this Agreement without our prior written consent. HeatSense may assign its rights and obligations without restriction.

Survival. The provisions of this Agreement that by their nature should survive termination shall survive, including Sections on User Content, Warranties, Limitation of Liability, Indemnification, and Dispute Resolution.

Contact Information. If you have questions about these Terms or need to get in touch, contact HeatSense at: support@heatsense.com | heatsense.com