These Terms of Service govern your access to and use of the TrueClime website, content, materials, forms, communications, information, services, and any related online features operated by TrueClime LLC, referred to in these Terms as "TrueClime," "we," "us," or "our."
By accessing or using the website, submitting information through the website, scheduling a conversation, requesting information, purchasing services, or otherwise interacting with TrueClime, you agree to these Terms. If you do not agree, do not use the website or submit information to TrueClime.
The TrueClime website is provided for general informational, educational, and business-development purposes. Website content is not a final engineering opinion, professional engineering report, energy audit, commissioning report, retro-commissioning report, legal advice, financial advice, tax advice, investment advice, ESG assurance, regulatory-compliance certification, or guarantee of HVAC performance.
Any formal services provided by TrueClime are subject to a separate written agreement, proposal, statement of work, master services agreement, nondisclosure agreement, data-access agreement, purchase order, or other written contract signed or accepted by TrueClime. If there is a conflict between these Terms and a separate written agreement signed by TrueClime, the separate written agreement controls only for the specific services covered by that agreement.
TrueClime's website and services are intended for building owners, facility managers, portfolio operators, engineering professionals, ESG and sustainability teams, consultants, and other commercial or institutional users.
You represent that you are using the website for lawful business, professional, or informational purposes and that you have authority to act on behalf of any company, property owner, building operator, or organization for which you submit information.
TrueClime is an independent HVAC performance analytics and decision-support company. TrueClime is not an HVAC equipment manufacturer, equipment reseller, controls contractor, mechanical contractor, service contractor, maintenance contractor, commissioning authority, or emergency-monitoring provider unless expressly stated in a separate written agreement.
TrueClime's methodology and services are designed to be read-only. TrueClime does not assume responsibility for controlling, operating, modifying, repairing, maintaining, servicing, commissioning, or safely operating any HVAC equipment, building automation system, control system, electrical system, mechanical system, refrigerant system, building system, or related infrastructure.
TrueClime does not take responsibility for any decision to change settings, override controls, service equipment, replace equipment, defer maintenance, modify systems, operate systems, or make capital investments. Those decisions remain solely the responsibility of the building owner, operator, qualified professionals, licensed contractors, engineers of record, and other responsible parties.
TrueClime is manufacturer-agnostic and independent by design. Unless expressly stated in writing, TrueClime is not affiliated with, sponsored by, endorsed by, certified by, approved by, or acting on behalf of any HVAC manufacturer, original equipment manufacturer, equipment reseller, controls provider, AHRI, ASHRAE, or other standards body.
Any references to manufacturers, standards, rating frameworks, equipment categories, AHRI, ASHRAE, or other industry references are for identification, educational, contextual, or comparative purposes only. TrueClime does not represent that its website content, services, reports, or analytics constitute AHRI ratings, AHRI certifications, ASHRAE certifications, code compliance approvals, regulatory approvals, or manufacturer-approved determinations.
TrueClime may provide information, analytics, observations, calculations, analysis, benchmarking, performance context, trends, estimates, recommendations, or decision-support materials. These outputs depend on many factors, including data quality, data completeness, system configuration, operating conditions, weather, occupancy, controls, maintenance, sensor accuracy, available telemetry, user-provided information, and assumptions.
TrueClime does not guarantee:
All decisions based on TrueClime information are made at your own risk and should be reviewed by qualified professionals.
HVAC performance analysis is inherently dependent on available data and operating context. Data may be incomplete, inaccurate, delayed, missing, mislabeled, improperly calibrated, affected by sensor drift, affected by controls logic, affected by installation conditions, affected by equipment configuration, or affected by third-party systems outside TrueClime's control.
You acknowledge that:
TrueClime is not responsible for decisions, actions, omissions, losses, damages, costs, or claims arising from reliance on incomplete, incorrect, unavailable, delayed, or misunderstood data.
You are solely responsible for:
The website and any TrueClime communications are not emergency services, life-safety services, alarm-monitoring services, fault-detection services, dispatch services, building-control services, or continuous monitoring services unless expressly agreed in a separate written contract.
Do not rely on TrueClime or the website to detect, prevent, report, or respond to:
For emergencies or unsafe conditions, contact qualified personnel, emergency services, building management, licensed contractors, or applicable authorities.
All website content, text, graphics, images, designs, layouts, logos, icons, videos, software, code, data structures, concepts, methodologies, diagrams, analytics descriptions, trade names, service names, and other materials are owned by TrueClime or its licensors and are protected by intellectual property laws.
You may view website materials for internal informational purposes only. You may not copy, reproduce, modify, distribute, scrape, train Al models on, reverse engineer, mirror, frame, sell, publish, display, create derivative works from, or commercially exploit any website content without TrueClime's prior written permission.
No rights are granted except the limited right to access and view the website in accordance with these Terms.
TrueClime, the TrueClime logo, and related names, designs, graphics, slogans, and branding are trademarks or trade dress of TrueClime. You may not use TrueClime's name, logo, branding, or confusingly similar marks without prior written permission.
All other third-party names, marks, standards, manufacturers, products, and organizations referenced on the website belong to their respective owners. References do not imply endorsement, affiliation, certification, sponsorship, or approval.
You may not use the website to:
TrueClime may restrict, suspend, or terminate access to the website at any time.
If you submit information through the website, including contact forms, messages, files, project details, building information, business information, suggestions, ideas, feedback, or other materials, you represent that you have the right to submit that information.
Unless a separate written NDA signed by TrueClime applies, information submitted through the website is not confidential and may be used by TrueClime to respond to you, evaluate opportunities, improve services, maintain records, and conduct business.
Do not submit confidential, proprietary, regulated, sensitive, export-controlled, security-sensitive, personal, or third-party information through the website unless you are authorized to do so and appropriate written agreements are in place.
Any feedback, suggestions, ideas, improvements, concepts, or recommendations you provide to TrueClime may be used by TrueClime without restriction, compensation, or obligation, unless prohibited by a separate written agreement.
If you provide building, system, operational, utility, equipment, telemetry, controls, financial, ESG, or other project data to TrueClime, you represent and warrant that:
Unless otherwise stated in a separate written agreement, you grant TrueClime a limited right to use submitted data to evaluate potential services, communicate with you, prepare proposals, provide services, improve internal processes, maintain business records, and protect TrueClime's legal rights.
TrueClime may use aggregated, anonymized, or de-identified information for analytics, benchmarking, research, product improvement, and business purposes, provided such use does not identify you, your building, your company, or your confidential information, unless a separate written agreement states otherwise.
Your use of the website may involve the collection and use of information as described in TrueClime's Privacy Policy. By using the website, you acknowledge that you have reviewed and understand the Privacy Policy.
If TrueClime offers paid services, subscriptions, reports, consultations, access, downloads, deposits, retainers, or other paid offerings through the website or by invoice, pricing, scope, timing, deliverables, and payment terms will be as stated at the time of purchase or in a separate written agreement.
Unless otherwise agreed in writing:
TrueClime may change pricing, payment options, and service availability at any time.
The website may reference or link to third-party websites, standards organizations, manufacturers, tools, platforms, payment processors, hosting providers, analytics providers, mapping services, data sources, or other third-party resources.
TrueClime does not control and is not responsible for third-party websites, services, data, content, policies, security, availability, accuracy, or practices. Accessing third-party resources is at your own risk.
Any integrations, APIs, data exports, BAS/BMS connections, utility portals, cloud systems, building platforms, or other third-party systems are subject to their own terms, permissions, limitations, and risks. TrueClime is not responsible for failures, outages, errors, data loss, incorrect data, cyber events, unauthorized access, or changes caused by third-party systems.
TrueClime's read-only positioning is intended to reduce operational risk, but no website, data exchange, network, system, platform, integration, email, or cloud service is completely secure. You are responsible for your own cybersecurity practices, internal approvals, network security, access controls, vendor-risk processes, credentials, system segmentation, and security policies.
TrueClime does not warrant that the website, communications, integrations, data transfers, or third-party systems will be uninterrupted, secure, error-free, or free of vulnerabilities, malware, or unauthorized access.
TrueClime strives to make its website accessible and user-friendly. Accessibility is an ongoing
effort. If you experience difficulty accessing any portion of the website, contact TrueClime at:
chait@trueclime.com
602-341-5237
Please include "Accessibility" in the subject line and describe the issue. TrueClime will review the request in good faith and, where reasonable, attempt to provide the requested information or functionality through an accessible alternative method.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, WEBSITE CONTENT, INFORMATION, MATERIALS, COMMUNICATIONS, DOWNLOADS, FORMS, AND ANY WEBSITE-RELATED SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS.
TRUECLIME DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, ERROR-FREE OPERATION, UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
TRUECLIME DOES NOT WARRANT THAT:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUECLIME AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS, LOST GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, SYSTEM FAILURE, EQUIPMENT FAILURE, COMFORT IMPACTS, ENERGY COSTS, ENVIRONMENTAL COSTS, CAPITAL COSTS, SUBSTITUTE SERVICES, THIRD-PARTY CLAIMS, OR REGULATORY CONSEQUENCES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUECLIME'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, WEBSITE CONTENT, WEBSITE USE, WEBSITE SUBMISSIONS, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TRUECLIME THROUGH THE WEBSITE IN THE THREE MONTHS BEFORE THE CLAIM AROSE, WHICHEVER IS GREATER.
IF A SEPARATE WRITTEN AGREEMENT SIGNED BY TRUECLIME APPLIES TO PAID SERVICES, THE LIABILITY LIMITATION IN THAT AGREEMENT WILL CONTROL FOR THOSE SERVICES.
Some jurisdictions do not allow certain exclusions or limitations, so some provisions may not apply to you. In that case, TrueClime's liability will be limited to the maximum extent permitted by law.
You acknowledge and assume all risks associated with:
You agree that TrueClime is not responsible for injury, property damage, environmental damage, system damage, regulatory violations, fines, penalties, financial losses, business losses, operational losses, comfort complaints, or third-party claims resulting from your actions, omissions, decisions, systems, contractors, consultants, or data.
You agree to indemnify, defend, and hold harmless TrueClime and its owners, officers, directors, employees, contractors, consultants, agents, affiliates, suppliers, licensors, representatives, successors, and assigns from and against any claims, demands, causes of action, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys' fees, arising out of or relating to:
TrueClime reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with TrueClime's defense.
Website content may include forward-looking statements, estimates, expectations, projections, potential benefits, market commentary, possible outcomes, or illustrative examples. These are not guarantees.
Actual results may differ based on building conditions, system behavior, weather, occupancy, utility rates, maintenance, installation, controls, capital decisions, user actions, third-party services, regulatory developments, and other factors outside TrueClime's control.
TrueClime has no obligation to update forward-looking statements, estimates, or website content.
You may not issue press releases, public statements, marketing materials, case studies, testimonials, social-media posts, or other public communications implying a relationship with TrueClime without TrueClime's prior written approval.
You may not use TrueClime's name, logo, or materials in a manner that suggests endorsement, partnership, certification, affiliation, or approval without written authorization.
TrueClime may suspend, restrict, or terminate your access to the website at any time and for any reason, including if TrueClime believes you violated these Terms, created risk, submitted improper information, attempted unauthorized access, misused content, or acted unlawfully.
Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and general provisions.
TrueClime may change, suspend, discontinue, update, or remove any website content, functionality, or services at any time without notice.
TrueClime may revise these Terms by posting an updated version on the website. The updated Terms are effective when posted unless otherwise stated. Your continued use of the website after changes are posted means you accept the updated Terms.
These Terms and any dispute arising out of or relating to the website, website content, or these Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing any arbitration, lawsuit, claim, or proceeding, you agree to first contact TrueClime in writing and attempt to resolve the dispute informally.
Notice must be sent to:
TrueClime LLC
Attn: Legal / Terms Dispute
Email: chait@trueclime.com
Your notice must include your name, company, contact information, a description of the dispute, the relief requested, and any supporting documents. The parties agree to attempt in good faith to resolve the dispute for at least thirty (30) days after TrueClime receives notice.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to the website, website content, these Terms, or your relationship with TrueClime will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if eligible.
The arbitration will be administered by JAMS under its applicable rules. The arbitration will take place in Maricopa County, Arizona, unless the parties agree otherwise. The arbitration will be conducted in English. The arbitrator will have authority to award only the relief permitted by these Terms and applicable law.
To the maximum extent permitted by law:
Either party may seek injunctive or equitable relief in court to protect intellectual property, confidential information, data security, proprietary rights, or to prevent unauthorized use of systems, data, materials, or content.
If this arbitration provision or class-action waiver is found unenforceable in whole or in part, the unenforceable portion will be severed to the extent permitted by law, and the remaining provisions will continue in effect.
For any dispute not subject to arbitration, or for any court proceeding related to arbitration, injunctive relief, intellectual property, data security, or enforcement of an arbitration award, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, unless applicable law requires otherwise.
You may not use the website, website content, TrueClime materials, or any services in violation of U.S. export-control laws, sanctions laws, anti-corruption laws, anti-money-laundering laws, or other applicable laws.
You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions and that you are not listed on any restricted-party list.
If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to achieve its intended effect, and the remaining provisions will remain in full force and effect.
TrueClime's failure to enforce any provision of these Terms does not waive TrueClime's right to enforce that provision or any other provision later.
You may not assign or transfer these Terms or any rights or obligations under them without TrueClime's prior written consent. TrueClime may assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, financing, or by operation of law.
These Terms, together with any Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and TrueClime regarding use of the website.
Any separate written agreement signed by TrueClime applies only to the services, deliverables, data, confidentiality obligations, or transactions covered by that agreement.
Questions about these Terms may be sent to:
TrueClime LLC
Email: chait@trueclime.com
Phone: 602-341-5237