Terms of Service

1.1 Document Ecosystem & DPA Incorporation: Your use of the Service is governed by these Terms, our Privacy Policy, and our Data Processing Agreement (DPA). The Data Processing Agreement governs the strict parameters, technical and organizational security measures, and regulatory roles under which we process facility telemetry, sampling records, and water management compliance data on your behalf. The Data Processing Agreement is explicitly incorporated into these Terms by reference as an integral legal schedule.

1.2 Access and Consideration: You acknowledge that access to the Service is provided subject to your agreement to these Terms and payment of any applicable subscription fees. If you are accessing the Service during a trial, promotional, or beta period, your consideration includes your provision of system feedback, operational metrics, and telemetry. You hereby grant Core Durability, LLC a perpetual, irrevocable, worldwide, royalty-free license to utilize your inputted and subsequently anonymized facility data strictly for system improvement, product performance, and feature development, explicitly excluding any use for foundational Artificial Intelligence (AI) model training without separate, explicit consent.

You must register for an account to access the Service. You agree to provide accurate, current, and complete information during registration. You are solely responsible for safeguarding the password, API keys, and authentication credentials that you use to access the Service. You must immediately notify Core Durability, LLC of any unauthorized access to or compromise of your account.

3.1 Subscription Fees and Billing: Access to the Service requires the payment of subscription fees billed in advance on a recurring basis (monthly or annually). By providing a payment method, you expressly authorize Core Durability, LLC to charge the applicable fees to that payment method on a recurring basis.

3.2 Renewals, Cancellation, and Retention: Subscriptions automatically renew unless canceled prior to the end of the current billing cycle. All fees paid are non-refundable except as required by applicable law. Upon subscription cancellation, you retain read-only access to your account data for 30 days, after which data disposition is governed by the Data Processing Agreement. For active commercial accounts, compliance data retention aligns with industry standard retention practices (minimum 7 years).

4.1 Passive Informational Administrative Tool: The Service is a cloud-based software application designed to log, store, organize, and visualize water quality parameters and compliance documentation. The Service is a passive administrative data management tool and does not physically interface with, control, adjust, or monitor your facility's physical plumbing systems, water heaters, biocide dosing pumps, or cooling towers.

4.2 Disclaimer of Health Outcomes and Pathogen Eradication: Core Durability, LLC does not guarantee, warrant, or promise that the use of the Service will prevent, eliminate, or control the presence of Legionella pneumophila, Pseudomonas aeruginosa, Nontuberculous Mycobacteria (NTM), or any other waterborne pathogens in your physical water systems. Utilization of the Service does not automatically satisfy statutory compliance with ASHRAE Standard 188, ASSE 12080, CMS QSO-17-30-Hospitals, or local public health mandates.

4.3 Physical Inspection & Site Execution Requirement: Core Durability, LLC does not conduct physical site surveys, water sample collections, laboratory analyses, or mechanical engineering evaluations. You retain absolute and unyielding responsibility for conducting physical inspections, executing water management plans (WMPs), performing timely biocide dosing, maintaining proper temperature limits, and dispatching certified personnel for physical remediation.

5.1 No Medical, Legal, or Engineering Advice: The analytics, alerts, risk scores, and recommendations generated by the Service are for informational reference only. They do not constitute professional engineering, legal, medical, or certified industrial hygiene advice.

5.2 Learned Intermediary Doctrine: You explicitly acknowledge and agree that your designated facility managers, water safety team leaders, certified ASSE 12080 specialists, and qualified environmental health professionals act as "learned intermediaries" between the Service's data outputs and the physical safety of your facility's occupants and water systems. The Service relies entirely upon your independent professional judgment, physical verification, and decision-making.

6.1 Water Sampling Data Accuracy Responsibilities: You bear sole and affirmative responsibility for the accuracy, completeness, authenticity, and timeliness of all water sampling data, temperature measurements, pH levels, disinfectant residual readings, and laboratory test results submitted to or ingested by the Service, whether entered manually, uploaded as electronic files, or transmitted via automated integration.

6.2 System Configuration & Alert Pathways: You retain exclusive responsibility for configuring control points, critical limits, notification thresholds, escalation chains, and alert recipient lists. Core Durability, LLC is not responsible or liable for missed notifications or unaddressed water quality deviations resulting from user misconfiguration or invalid contact information.

6.3 Mandatory Verification of Ingested Lab Reports (LIMS, EDD, OCR, LLM): While direct LIMS integrations and Electronic Data Deliverables (EDDs) are the preferred standard for lab data ingestion, any automated Optical Character Recognition (OCR) or Large Language Model (LLM) PDF parsing feature is provided solely as an unsupported convenience tool. You have an absolute obligation to manually review and verify all OCR-extracted parameters against the official, certified laboratory Certificate of Analysis (COA) prior to taking operational, corrective, or public health actions.

6.4 Execution of Corrective Action Plans (CAPAs): You are solely responsible for initiating, executing, verifying, and documenting all physical Corrective Actions (CAPAs), flushing procedures, superchlorination, thermal disinfection, and engineering controls in response to system alerts or positive Legionella culture results.

Core Durability, LLC retains all right, title, and interest in and to the Service, including software code, risk algorithms, parsing logic, databases, user interfaces, branding, and proprietary tools. You may not copy, reverse engineer, decompile, or attempt to extract source code from the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

THIS SECTION SIGNIFICANTLY LIMITS OUR LIABILITY. PLEASE READ CAREFULLY.

9.1 Disclaimer of Indirect Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CORE DURABILITY, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Direct Damages Liability Cap: IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF FIVE HUNDRED U.S. DOLLARS ($500.00) OR THE TOTAL AMOUNT OF SUBSCRIPTION FEES YOU ACTUALLY PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9.3 Confirmed Data Breach "Super Cap": NOTWITHSTANDING SECTION 9.2, OUR AGGREGATE LIABILITY FOR CLAIMS ARISING EXCLUSIVELY FROM A CONFIRMED BREACH OF YOUR FACILITY DATA (AS DEFINED IN THE DATA PROCESSING AGREEMENT) DUE DIRECTLY TO OUR FAILURE TO MAINTAIN COMMERCIALLY REASONABLE TECHNICAL SECURITY MEASURES SHALL BE CAPPED AT TWO (2) TIMES THE TOTAL SUBSCRIPTION FEES YOU ACTUALLY PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.4 Scope & Gross Negligence Exclusions: THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 9 APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR DAMAGES RESULTING DIRECTLY FROM CORE DURABILITY, LLC'S GROSS NEGLIGENCE, INTENTIONAL FRAUD, OR WILLFUL MISCONDUCT.

10.1 User Indemnification: You agree to defend, indemnify, and hold harmless Core Durability, LLC, its officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your facility operations or water safety conditions; (b) inaccuracies in water sampling data or laboratory reports submitted by you; (c) your failure to execute water management plans or physical corrective actions; or (d) your violation of these Terms or applicable laws.

10.2 Insurance Requirements & Waiver of Subrogation: You agree to maintain adequate Commercial General Liability (CGL) insurance coverage. You agree to name Core Durability, LLC as an Additional Insured and to obtain a Waiver of Subrogation endorsement from your insurer preventing subrogation recovery actions against us.

We reserve the right to suspend or terminate your access to the Service for violation of these Terms or non-payment of fees. Data handling upon termination is governed by the Data Processing Agreement (DPA).

We reserve the right to revise these Terms periodically. For material changes, we will provide affirmative electronic notice via an in-app prompt or update screen, requiring explicit acceptance prior to continued platform usage.

13.1 Mandatory Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with commercial arbitration rules.

13.2 Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.