Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and AuConsole (“AuConsole,” “we,” “us”) governing your access to and use of the AuConsole platform, applications, and related services (the “Services”). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you are agreeing on behalf of an organization, you represent that you are authorized to bind that organization.

1. The Services and your account

AuConsole is a computerized maintenance management system (CMMS) for building and facility operations, together with optional building-automation-system (BAS) telemetry, analytics, and data features. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your credentials, and for all activity under your account. You must be at least 18 years old and use the Services only for lawful business purposes.

2. Early access & changes to the Services

During any beta, early-access, or preview period, the Services are provided on an “as is” and “as available” basis, may contain defects, and may change, be suspended, or be discontinued at any time. We may add, modify, or remove features. You should not rely on any pre-release feature and should maintain your own backups of critical data.

3. Data classification & ownership

The Services handle data in three classes, each with different terms:

• Primary Data (Layer 1) — all of your operational records, including team members and users, vendors, work orders, equipment and asset records (including model and serial numbers), locations and floor plans, incidents, inventory, and documents. As between you and AuConsole, you own your Primary Data. We process it only to provide, secure, and support the Services, acting as your service provider (processor) on your instructions. Primary Data is isolated to your organization; we do not share it across customers, and we do not sell or license it.
• Secondary Data (Layer 2) — sensor telemetry (energy and equipment readings over time) from connected building-automation systems, collected only where your organization enables telemetry. Because usage patterns can sometimes reveal information about people or a specific building, we treat Secondary Data as personal data unless and until it has been de-identified as described in Section 4.
• Aggregated / De-Identified Data Products (Layer 3) — statistics derived from Secondary Data, such as energy-use benchmarks and cross-organization percentiles, produced under the de-identification measures described in Section 4.

4. Aggregated / de-identified data & the data-products program

You grant AuConsole a worldwide, royalty-free right to analyze and aggregate your Secondary Data, to de-identify it, to combine it with de-identified data from other participating organizations, and to create Aggregated / De-Identified Data Products. As between the parties, AuConsole owns those data products. By default, we use them only to provide internal, cross-organization benchmarks to customers within the Services.

Optional third-party data-licensing program. AuConsole may also make Aggregated / De-Identified Data Products available under license to third-party vendors (for example, equipment manufacturers) for their research and development. This third-party licensing program operates for a given organization only where that organization has separately enabled it under its agreement with AuConsole; it is off by default, and it is separate from, and not enabled by, consent to internal benchmarking or telemetry analytics.

Where the program is enabled, the following commitments apply. Before AuConsole makes any Aggregated / De-Identified Data Product available to a third party, AuConsole will:

• exclude all Primary Data and personal data — equipment master records (nameplate, model, serial), floor plans, incident history, work orders, and people or vendor records are never included, and only de-identified data derived from Secondary Data is eligible;
• aggregate and suppress the data so that each released figure reflects multiple sensors drawn from multiple organizations, with single-organization and single-individual records suppressed, so that neither an individual nor an organization can reasonably be identified;
• commit not to re-identify the data (except to test that the de-identification works) and require every recipient by contract to do the same, to not link the data to any individual, and to not resell or redistribute it.

You may disable the third-party data-licensing program at any time, with prospective effect; doing so stops your Secondary Data from feeding data products created or refreshed afterward. See the Privacy Policy for how this interacts with your privacy rights, including any opt-out of “sale” or “sharing” under applicable law.

5. Acceptable use

You agree not to, and not to permit anyone to:

• reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Services, except to the extent this restriction is prohibited by law;
• access the Services to build or benchmark a competing product, or to copy their features or design;
• upload unlawful, infringing, or malicious content, interfere with the integrity or performance of the Services, or attempt to gain unauthorized access;
• use the Services to violate the privacy or rights of any person.

6. Feedback

If you give us suggestions, ideas, or other feedback about the Services, you grant AuConsole a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose, without obligation or attribution to you.

7. Intellectual property

The Services, and all software, content, and materials we provide (excluding your Primary Data), are owned by AuConsole and its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription, subject to these Terms. We reserve all rights not expressly granted.

8. Disclaimers

EXCEPT AS EXPRESSLY STATED IN A WRITTEN AGREEMENT WITH US, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AUCONSOLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA WILL NOT BE LOST.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUCONSOLE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA. AUCONSOLE’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Indemnification

You will defend, indemnify, and hold harmless AuConsole from and against claims, losses, and reasonable costs arising out of your Primary Data, your use of the Services in breach of these Terms, or your enabling of any optional data-sharing or licensing feature without the authority to do so.

11. Term & termination

These Terms apply while you use the Services. We may suspend or terminate your access if you breach these Terms or to protect the Services or other users. You may stop using the Services at any time. Sections that by their nature should survive termination (including ownership, feedback, disclaimers, limitation of liability, and indemnification) will survive.

12. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new effective date or by notifying you in the Services). Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.

13. Governing law & general

These Terms are governed by the laws of [GOVERNING JURISDICTION], without regard to conflict-of-laws rules. If any provision is held unenforceable, the remaining provisions remain in effect. These Terms, the Privacy Policy, and any agreement you sign with us are the entire agreement between us regarding the Services.

14. Contact

Questions about these Terms? Contact us at legal@auconsole.com.