1. Acceptance of Terms

By accessing or using ExCoil's heat exchanger design software platform at excoil.net (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and ExCoil ("we," "our," or "us").

2. Description of Service

ExCoil provides a web-based software platform for the thermal design and analysis of heat exchangers, including but not limited to DX evaporators, DX condensers, chilled water coils, hot water coils, and steam coils. The Service includes calculation tools, project management features, report generation, and related engineering functionalities.

3. Account Registration

To use the Service, you must create an account through our authentication provider (Manus OAuth). You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Subscription Plans and Payment

4.1 Subscription Plans

The Service is offered through paid subscription plans. Details of available plans, features, and pricing are available on our Pricing page. We reserve the right to modify pricing and plan features with 30 days' prior notice.

4.2 Payment

Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis according to your selected plan. All fees are quoted in US Dollars (USD) unless otherwise specified.

4.3 Free Trial

We may offer a free trial period for new users. At the end of the trial period, you will be required to subscribe to a paid plan to continue using the Service. We will notify you before the trial expires.

4.4 Refunds

Subscription fees are non-refundable except as required by applicable law. If you cancel your subscription, you will retain access to the Service until the end of your current billing period.

5. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable laws
Attempt to gain unauthorized access to the Service or its related systems
Reverse engineer, decompile, or disassemble any part of the Service
Share your account credentials with third parties or allow multiple users to access a single account
Use automated tools (bots, scrapers) to access the Service without our written consent
Interfere with or disrupt the integrity or performance of the Service
Reproduce, distribute, or create derivative works based on the Service without authorization

6. Intellectual Property

6.1 Our Property

The Service, including its software, algorithms, calculation methodologies, user interface, design, and documentation, is the exclusive property of ExCoil and is protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand elements.

6.2 Your Data

You retain ownership of all data, calculations, projects, and reports you create using the Service ("Your Data"). By using the Service, you grant us a limited license to store, process, and display Your Data solely for the purpose of providing the Service to you.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. While we strive for accuracy in our calculations and engineering methodologies, we do not warrant that:

The Service will be uninterrupted, error-free, or completely secure
Calculation results will be 100% accurate for all conditions and applications
The Service will meet all of your specific requirements
Any defects in the Service will be corrected within a specific timeframe

Engineering calculations provided by ExCoil are intended as design aids and should be verified by a qualified professional engineer before being used in production systems. The user is solely responsible for validating results and ensuring compliance with applicable codes and standards.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCOIL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless ExCoil and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. You may cancel your subscription at any time through your account settings. Sections 6, 7, 8, 9, and 11 shall survive termination.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Brazil, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration institution, unless otherwise required by local law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

13. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and ExCoil regarding the Service.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms without our prior written consent.

14. Contact Us

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

ExCoil
Email: [email protected]
Website: excoil.net