The terms you are using it under

1Who you are agreeing with

TunePro is a product of Isles Mechanical LLC (“Isles Mechanical”, “we”, “us”). TunePro is the name of the software and of the division that builds it. Isles Mechanical is the company you are contracting with, and the company answerable for everything in this document.

“You” means the person using TunePro. If you are using it for a company — as its owner, its employee or its contractor — then “you” means that company as well, and the two of you are jointly bound by this.

2Accepting these terms

• Using TunePro means you accept these terms. If you do not accept them, do not use it.
• You must be at least 18 years old.
• If you create or join an organization on behalf of an employer, you are confirming that you are allowed to commit that employer to this agreement. If you are not, do not do it.
• The phone app also shows a safety notice that has to be acknowledged before the diagnostic screens open. It says the same things as section 4 and section 5, in the place a technician will actually read them. Read the two together; neither one overrides the other.

3What TunePro is

TunePro is a phone app and a web application for HVAC/R field work. The phone app grades measurements, ranks what they point to, and shows the evidence for and against each conclusion. The web application manages an organization’s sites, equipment, crew, branding and billing.

The diagnostic side of the phone app needs no account, no payment and no connection: it runs on the phone and keeps its readings in that phone’s own storage. The shared side — cloud records, crew, and customer reports — needs an account, and the capabilities listed on the pricing page need a subscription.

5Refrigerant, pressure and electrical safety

TunePro’s refrigerant catalogue covers fluids that will hurt you in different ways. It includes mildly flammable A2L refrigerants such as R-32, R-454B and R-1234yf; flammable R-290 propane; R-717 ammonia, which is both toxic and flammable; and R-744 carbon dioxide, which is worked at far higher pressures than an HFC system.

• The app shows each refrigerant’s ASHRAE Standard 34 safety group, its GWP and ODP, its critical temperature and its boiling point. Those are reference figures. They are not handling instructions, charging procedures, ventilation requirements, leak-detection requirements or storage rules.
• Do not rely on TunePro for anything safety-critical about handling a refrigerant. Use the manufacturer’s literature, the safety data sheet for the fluid, and the standards and codes in force where you are working.
• Recovery, evacuation, brazing, gas work and live electrical work are licensed activities in many places, and venting refrigerant is illegal in most. Doing that work legally and safely is entirely on you.
• Property damage, refrigerant loss, equipment damage and personal injury are real outcomes of a wrong call in this trade. Confirm a diagnosis with your own hands before you act on it, and stop when the readings and the app disagree — the readings are the evidence and the app is only reading them.

6Accounts, organizations and roles

• Keep your sign-in to yourself. One account is one person — do not share a sign-in across a crew. Tell us promptly if you think a session is not yours.
• An organization has three roles: owner, admin and member. Owners and admins can invite and remove people, change the organization’s branding and billing, and see everything the organization holds.
• The organization owns the organization’s records. If you join a company’s organization, the sites, equipment, readings, photos and reports you record in it belong to that company, not to your personal account. That is true of work you did before you left as well.
• Removing a member ends their access. It does not remove the work they recorded, and it is not a way to withdraw a report they sent — use the revoke control for that.
• You are responsible for what the people in your organization do with it, including anyone you invite in.

7Use it for the job it is for

• Do not store anything unlawful in it, or anyone else’s records without their permission.
• Do not work around the parts of the product that refuse things. The trusted-evidence rules, the report link expiry and the seat count are there to protect the people the reports are about and to keep the billing honest.
• Do not resell, sublicense, rent out or white-label TunePro, and do not use it to build or train a competing product. Do not scrape it, reverse-engineer it, or try to extract the refrigerant data or the diagnostic rules as a dataset.
• Do not attack it: no probing, load-testing, credential stuffing, or attempts to reach another organization’s records.
• Storage limits apply and the app shows them. Today they are 24 photos per unit, 600 KB and a 1600-pixel long edge per photo, and 2 GB across an organization. We may adjust them; if we lower one, we will tell you first.

8Your records stay yours

Readings, equipment records, site details, photos, notes and reports belong to the organization that entered them. We do not claim ownership of any of it.

The permission we need is only the one required to run the service: to store that content, back it up, process it to produce the product’s output, render it into a report when a technician sends one, and transmit it to the person that technician sent it to. That licence lasts as long as we hold the content and ends when it is deleted.

We do not sell your records, advertise against them, or use them to train models. You are responsible for having the right to hold the property details, equipment details and customer contact details you put into it.

9Reports you send to your customers

A customer report is your document. It carries your company’s name and branding, it contains the readings your technician took and the note your technician wrote, and it is your statement to your customer about their equipment. It is not ours, and we do not review it before it goes.

• Your organization controls the content and is responsible for it — for what the note says, for the accuracy of the readings behind it, and for the conduct of the technician who sent it.
• We render it, host it at a long random link, and deliver it by email if you ask us to. A report is written once and kept as written: changing your branding or taking a newer reading afterwards leaves what the customer already read alone.
• A report link stops working 90 days after it is sent, and anyone in your organization who can see the report can revoke it sooner. Reports you have already sent stay listable and revocable whatever your plan is doing — a lapsed subscription can never leave a document in a customer’s inbox that its author cannot pull back.
• A PDF that has already been emailed is in the recipient’s hands. Revoking the link does not reach into their inbox, and neither do we.
• A report is a record of one visit. It is not an inspection certificate, an appraisal, a valuation, a warranty, a code-compliance sign-off, or a prediction of how the equipment will perform later.
• The person receiving a report has no account and has agreed to nothing. Their relationship is with the company that sent it. If they have a question about what it says, that company answers it.

10The plan, the seats and the price

• The Pro plan is a monthly subscription at $39 USD per person per month, or $49 CAD per person per month if you are billed in Canadian dollars. Tax may be added on top where it applies.
• Seats follow your roster. Add a person to the organization and the bill goes up; remove them and it goes down. You are billed for the people who are on it, so keep it current.
• Payment is handled by Stripe. Card details go to Stripe and never to us — we hold only the identifiers needed to keep your subscription in step with what Stripe says it is.
• A new organization gets fourteen days of the Pro plan when it is created. No card is asked for, it does not turn into a paid subscription on its own, and there is nothing to cancel. When the fourteen days are up the organization drops to the free tier and your records stay where they are — you can subscribe during the fourteen days or long after them.
• The free tier is not itself a trial: it has no clock and does not expire. We can also grant a trial or complimentary access to an organization by hand, and if we do, we will tell you the date it ends.

11Automatic renewal, and how to cancel

• Cancel from Billing in the web app. That opens Stripe’s billing portal, where you cancel it yourself, in a couple of clicks, without asking anybody’s permission. If you would rather not, email us and we will cancel it for you.
• Cancelling stops the next charge. It does not cut you off mid-month: you keep the paid capabilities until the end of the period you have already paid for, and then the organization drops to the free tier.
• Cancel at any time before a renewal date to avoid that renewal. Florida’s automatic renewal law (Fla. Stat. § 501.165) requires this to be said plainly and requires cancelling to be easy, and both of those are the point of this section.

12Failed payments, refunds and price changes

• If a payment fails, nothing happens for seven days. You keep the paid capabilities for that week while the card is sorted out.
• After seven days the organization drops to the free tier. That is not a lockout. Your records are still there, reports you have already sent stay listable and revocable, and the diagnostics on the phone keep working. Pay the outstanding invoice and the paid capabilities come straight back.
• Because the plan is monthly and cancellable at any time, we do not refund part-months. If we have billed you for something you did not have — a duplicate charge, a seat added by mistake — email us and we will put it right.
• We will email you at least 30 days before a price change takes effect. It applies from your next renewal after that notice, and if you do not want it you can cancel before then.
• Nothing in this section takes away a refund right the law gives you.

13Services and hardware we do not control

Running TunePro means relying on other companies. Stripe processes payments. Resend delivers the mail the product sends — organization invitations and customer reports. The apps are distributed through Apple’s and Google’s stores, under their rules as well as ours. The privacy notice names who holds what.

The wireless probes and manifolds TunePro reads from are not ours either. Their accuracy, their calibration and their firmware are between you and whoever made them, and a reading is only as good as the instrument that took it.

We choose these suppliers carefully, but we do not control them, and we are not responsible for an outage or a failure inside one of them.

14The software stays ours

We own TunePro: the apps, the diagnostic engine and its rules, the refrigerant and equipment data we assembled, the interface, the design, the name and the marks. Nothing in this agreement transfers any of that to you.

What you get is a limited, non-exclusive, non-transferable, revocable right to use TunePro for your own HVAC/R work while this agreement is in force and, for the paid capabilities, while your subscription is paid.

If you send us feedback or a feature request, we can use it to improve the product without owing you anything for it. You keep your own records — that is section 8, and it is not affected by this one.

15No warranty

TunePro is provided “as is” and “as available”, without warranty of any kind, express or implied. To the fullest extent the law allows, we disclaim the implied warranties of merchantability, fitness for a particular purpose, accuracy, title and non-infringement.

We do not promise that TunePro will be uninterrupted, error-free, or available at any particular level, and we do not offer a service-level agreement or a guaranteed support response time. We do not warrant that a diagnosis, ranking, target, band or recommendation it shows is correct for the equipment in front of you. No advice or information you get from us or through the product creates a warranty that is not written here.

Some places do not allow parts of this to be disclaimed. Where that is so, this section applies only as far as that law allows.

16The limit on what we owe

To the fullest extent the law allows, we are not liable for injury, death, property damage, equipment damage, refrigerant loss, a wrongly condemned or wrongly repaired component, lost profits, lost data, business interruption, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or connected with your use of — or reliance on — TunePro, including any diagnosis, ranking, reading, target, band, report or recommendation it shows.

Where we are liable anyway, our total liability for all claims taken together is capped at the greater of the fees you actually paid us for TunePro in the twelve months before the event that caused the claim, or 100 US dollars. That cap applies however the claim is framed — contract, negligence, strict liability or anything else.

These limits do not apply to anything that cannot lawfully be limited: our own fraud or fraudulent misrepresentation, death or personal injury caused by our negligence, or any other liability that the law of your jurisdiction says cannot be excluded or capped. Where a limit above is not permitted, it applies as far as it can and no further.

This allocation of risk is why the product costs what it costs. A tool that told a technician what to do and stood behind the outcome would be a different product at a different price.

17What you cover us for

You will defend us and cover our losses, damages and reasonable legal costs from any third-party claim that comes out of:

• a report your organization sent, and anything a customer did or did not do because of it;
• the work your technicians performed, the diagnosis they made, and any injury or damage arising from it — including where TunePro informed that diagnosis;
• the records you put into TunePro, including a claim that you had no right to hold or share someone’s property, equipment or contact details;
• your breach of this agreement, or your breach of a law or licensing rule that applies to your work.

We will tell you promptly about a claim like that, and you can run the defence — but you cannot settle it in a way that admits fault on our part or costs us money without our agreement.

18Ending it, and what happens to the records

• You can stop at any time: cancel the subscription, or ask us to close the organization. The free diagnostic app keeps working either way.
• We can suspend or end an account that breaks this agreement, does not pay, or is being used unlawfully or in a way that puts other people’s records at risk. Where it is practical we will warn you first and give you a chance to fix it. Where there is real risk — a security problem, a legal demand, an attack — we can act immediately and tell you afterwards.
• When an organization closes, its report links are revoked and its records are removed. Closing an organization is a job we do by hand rather than a button in the app, so ask us and give us a few working days. Copies inside our nightly database backups age out on their own within 30 days.
• TunePro has no data export feature today, and we are not going to promise you one here. If you need a copy of something before you go, email us and we will work out what we can send you.
• Sections 8, 14, 15, 16, 17 and 20 carry on after this agreement ends, along with anything you already owe us.

19Changes to these terms

We can change these terms — the product changes, and so do the rules it works under. The date at the top of this page moves whenever they do.

If a change materially affects your rights or what you pay, we will email the address on the account at least 30 days before it takes effect. Carrying on using TunePro after that date means you accept the new version. If you do not, cancel before then and stop using it. A change never applies backwards to something that already happened.

20Florida law, and where a dispute goes

This agreement is governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

If something goes wrong, email us first and give us 30 days to sort it out. Most things end there and it costs neither of us anything.

If it does not end there, the state and federal courts located in Florida have exclusive jurisdiction, and we both consent to those courts hearing it and waive any objection that they are an inconvenient forum. Either of us can still take a qualifying claim to small claims court instead. Claims are brought individually: neither of us will bring one as a class action, a collective action or a representative action.

If you are a consumer somewhere whose law gives you the right to sue at home, or gives you rights that cannot be signed away, this section does not take that from you.

21The rest of it

• Severability. If a court finds part of this unenforceable, that part is trimmed to what is enforceable, or dropped, and the rest stands.
• No waiver. Not enforcing something once does not mean we have given it up.
• Assignment. You cannot transfer this agreement without our written consent. We can transfer it to a company that buys or merges with our business, or to a new entity if TunePro is ever spun out on its own — on the same terms you are reading now.
• Notices. We will reach you at the email address on the account. Reach us at the address in section 22. Keep your address current — a notice sent to a dead inbox still counts as delivered.
• Force majeure. Neither of us is liable for a failure caused by something genuinely outside our control, such as a network or power failure, a supplier outage, or a natural disaster.
• Entire agreement. This document, together with the privacy notice and the in-app safety notice, is the whole agreement between us about TunePro, and it replaces anything said before it. The English version governs.

22Contact

Isles Mechanical LLC, for TunePro. Write to hello@tunepro.ac. Replies come from a person.