Terms of Service

Last updated: March 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Wattnest ("we," "our," or "Company"), a company headquartered in Santa Cruz, California. These Terms govern your access to and use of our website at wattnest.net, our predictive maintenance platform, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services. If you are accessing the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Wattnest provides an AI-powered predictive maintenance platform for commercial HVAC systems. Our Services include, but are not limited to:

  • Fault detection and diagnostics (FDD): Automated identification of HVAC equipment faults using machine learning classifiers trained on operational data.
  • Predictive analytics: Forecasting equipment degradation and potential failures using multi-signal ensemble prediction and physics-informed degradation models.
  • Equipment health monitoring: Continuous monitoring of HVAC equipment performance via integration with building automation systems through BACnet/IP and Modbus protocols.
  • Fleet management: Centralized dashboard for monitoring and managing multiple HVAC units across one or more facilities.
  • Reporting and analytics: Equipment health reports, maintenance recommendations, and energy waste analysis.

Our Services are intended for use by HVAC professionals, facility managers, building owners, and other qualified personnel. The predictions and recommendations provided by our platform are decision-support tools and do not replace professional judgment by qualified HVAC technicians and engineers.

3. User Accounts

To access certain features of the Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain the security and confidentiality of your account credentials.
  • Promptly notify us of any unauthorized use of your account.
  • Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently. You may not share account credentials with unauthorized individuals or create accounts on behalf of others without their consent.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Services in any way that violates applicable federal, state, local, or international laws or regulations.
  • Attempt to gain unauthorized access to any part of the Services, other user accounts, or any systems or networks connected to the Services.
  • Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software underlying the Services.
  • Use any automated system, including bots, crawlers, or scrapers, to access the Services for any purpose without our express written permission.
  • Transmit any malware, viruses, or other malicious code through the Services.
  • Resell, sublicense, or redistribute the Services or any data obtained through the Services without our prior written consent.
  • Use the Services to develop a competing product or service.

5. Data Ownership and Licensing

Your Data

You retain ownership of all HVAC equipment operational data, configuration data, and other data that you provide to or generate through the Services ("Your Data"). By using the Services, you grant Wattnest a non-exclusive, worldwide, royalty-free license to use, process, store, and analyze Your Data solely for the purpose of providing the Services to you and, in anonymized and aggregated form, for improving our machine learning models and overall service quality.

Our Intellectual Property

The Services, including all software, algorithms, machine learning models, user interface designs, documentation, and content created by Wattnest, are owned by Wattnest and are protected by United States and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services except for the limited right to use the Services in accordance with these Terms.

Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services, you grant us an unrestricted, irrevocable, perpetual license to use such feedback for any purpose without compensation or attribution.

6. Service Availability and Support

We strive to maintain high availability of the Services but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance periods.

Support for the Services is provided in accordance with your service plan. Standard support includes email-based technical assistance during business hours (Pacific Time, Monday through Friday). Enhanced support tiers may be available under separate agreement.

7. Fees and Payment

Certain features of the Services require a paid subscription. Fees, billing frequency, and payment terms are specified in your service agreement or on our pricing page. Unless otherwise stated:

  • Fees are quoted in U.S. dollars and are exclusive of applicable taxes.
  • Subscription fees are billed in advance on a monthly or annual basis, depending on your plan.
  • We reserve the right to modify pricing upon 30 days' written notice. Price changes will take effect at the start of the next billing cycle.
  • Late payments may result in suspension of access to the Services until the outstanding balance is resolved.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATTNEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, EQUIPMENT, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

THE SERVICES PROVIDE PREDICTIONS AND RECOMMENDATIONS BASED ON MACHINE LEARNING MODELS AND SENSOR DATA. THESE ARE DECISION-SUPPORT TOOLS AND DO NOT GUARANTEE THE PREVENTION OF EQUIPMENT FAILURES. WATTNEST SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM EQUIPMENT FAILURES, REGARDLESS OF WHETHER A PREDICTION OR ALERT WAS OR WAS NOT GENERATED BY THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY PREDICTIONS OR ANALYTICS PROVIDED WILL BE ACCURATE OR RELIABLE.

While our fault detection classifiers have demonstrated accuracy rates between 95.8% and 99.3% in validated testing, actual performance may vary depending on equipment type, sensor configuration, data quality, and environmental conditions. Past performance metrics do not guarantee future accuracy.

10. Indemnification

You agree to indemnify, defend, and hold harmless Wattnest, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your negligence or willful misconduct.

11. Termination

Either party may terminate these Terms at any time by providing written notice to the other party. We may suspend or terminate your access to the Services immediately and without notice if:

  • You materially breach any provision of these Terms.
  • You fail to pay applicable fees within 15 days of a payment reminder.
  • We are required to do so by law or regulatory order.
  • We reasonably determine that your use of the Services poses a security risk.

Upon termination, your right to access the Services will cease immediately. We will make Your Data available for export for a period of 30 days following termination, after which we may delete Your Data from our systems. Sections regarding limitation of liability, disclaimer of warranties, indemnification, and governing law shall survive termination.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Santa Cruz County, California, and you consent to the personal jurisdiction of such courts.

Before initiating any legal proceeding, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days. If the dispute cannot be resolved through negotiation, either party may pursue resolution through binding arbitration administered by JAMS in Santa Cruz, California, in accordance with its Comprehensive Arbitration Rules, or through litigation in the courts specified above.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to the address associated with your account or through a prominent notice on our website at least 30 days before taking effect. Your continued use of the Services after the effective date of any modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services.

14. General Provisions

  • Entire agreement: These Terms, together with our Privacy Policy and any applicable service agreement, constitute the entire agreement between you and Wattnest regarding the Services.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
  • Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
  • Force majeure: Neither party shall be liable for any failure or delay in performing obligations due to circumstances beyond reasonable control, including natural disasters, acts of government, pandemics, or failures of third-party infrastructure.

15. Contact Information

If you have questions about these Terms of Service, please contact us: