Terms and Conditions
Last updated: January 2026
These Terms and Conditions ("Agreement") govern your use of the Smart Plan AI platform and related services (collectively, the "Service") provided by SmartHVAC, LLC, a Colorado limited liability company ("Company," "we," "us," or "our"). By accessing or using our Service, you agree to be bound by this Agreement.
1. Acceptance of Terms
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to this Agreement.
If you do not agree with these Terms, you must not access or use the Service.
2. Description of Service
Smart Plan AI is a cloud-based software-as-a-service (SaaS) platform designed for HVAC professionals. The Service includes, but is not limited to:
Maintenance planning and scheduling tools
Proposal and contract generation
Customer relationship management
Equipment tracking and inventory management
AI-powered recommendations and insights
Customer portal for client collaboration
Reporting and analytics
3. Account Registration and Security
To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:
Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring your account information remains accurate and up-to-date
We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.
4. Subscription Plans and Fees
4.1 Pricing. The Service is offered through various subscription plans with pricing published on our website. All fees are quoted in U.S. dollars unless otherwise specified.
4.2 Billing. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. By subscribing, you authorize us to charge your designated payment method for all applicable fees.
4.3 Automatic Renewal. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings.
4.4 Price Changes. We reserve the right to modify pricing with 30 days' notice. Price changes will take effect at your next billing cycle.
4.5 Taxes. Fees do not include applicable taxes. You are responsible for all taxes associated with your use of the Service.
5. Free Trial
We may offer a free trial period for new users. During the trial, you will have access to the Service at no charge. At the end of the trial period:
You must subscribe to a paid plan to continue using the Service
Your data will be retained for a reasonable period to allow you to subscribe
If you do not subscribe, your account may be suspended or deleted
6. User Content and Data
6.1 Ownership. You retain all rights to the data, content, and information you upload to the Service ("User Content"). We do not claim ownership of your User Content.
6.2 License Grant. By using the Service, you grant us a limited, non-exclusive license to access, store, process, and display your User Content solely for the purpose of providing the Service to you.
6.3 Responsibility. You are solely responsible for your User Content and ensuring you have the right to upload and use it within the Service.
7. Acceptable Use Policy
You agree not to use the Service to:
Violate any applicable laws, regulations, or third-party rights
Transmit viruses, malware, or other harmful code
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt the Service's integrity or performance
Use the Service for any fraudulent or deceptive purpose
Reverse engineer, decompile, or attempt to extract source code
Resell, sublicense, or transfer your access to the Service without our consent
8. Intellectual Property
8.1 Our Property. The Service, including its design, features, functionality, software, and documentation, is owned by SmartHVAC, LLC and protected by intellectual property laws. All rights not expressly granted are reserved.
8.2 Trademarks. "Smart Plan AI," "SmartPlan," and associated logos are trademarks of SmartHVAC, LLC. You may not use our trademarks without prior written consent.
8.3 Feedback. If you provide suggestions or feedback about the Service, we may use such feedback without any obligation to you.
9. Third-Party Services
The Service may integrate with or contain links to third-party services (e.g., payment processors, email services). Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services.
10. Warranties and Disclaimers
10.1 Service Availability. We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance or due to circumstances beyond our control.
10.2 Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR MEET YOUR SPECIFIC REQUIREMENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL SMARTHVAC, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
Some jurisdictions do not allow limitation of liability, so the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless SmartHVAC, LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
13. Termination
13.1 By You. You may terminate your account at any time by cancelling your subscription and closing your account through the settings page.
13.2 By Us. We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or fail to pay applicable fees.
13.3 Effect of Termination. Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable retention period, except where required by law.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through the Service with at least 30 days' notice. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.
15. Governing Law and Dispute Resolution
15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.
15.2 Jurisdiction. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Denver, Colorado, and you consent to the personal jurisdiction of such courts.
15.3 Informal Resolution. Before initiating formal proceedings, you agree to contact us to attempt to resolve the dispute informally.
16. General Provisions
16.1 Entire Agreement. This Agreement constitutes the entire agreement between you and SmartHVAC, LLC regarding the Service and supersedes all prior agreements.
16.2 Severability. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in effect.
16.3 Waiver. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
16.4 Assignment. You may not assign your rights under this Agreement without our prior written consent. We may assign our rights without restriction.
17. Contact Information
For questions about these Terms and Conditions, please contact us:
SmartHVAC, LLC
Denver, Colorado
Email: [email protected]
Helping contractors and Maintenance buyers collaborate better maintenance planning and performance
© Copyright 2026 SmartHVAC, LLC, All Rights Reserved.