HeatSafe Terms of Use & End User License Agreement (EULA)

Effective date: 07/23/2026 Last updated: 07/23/2026

These Terms of Use and End User License Agreement ("Terms") are a binding agreement between you ("you," "user") and HeatSafe ("HeatSafe," "we," "us," or "our") governing your access to and use of the HeatSafe mobile application and related services (the "Service"). By downloading, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

⚠️ IMPORTANT SAFETY NOTICE — PLEASE READ

HeatSafe is a reference and awareness aid to help support heat-illness-prevention efforts. It does not, by itself, prevent heat stress, heat exhaustion, heat stroke, dehydration, exertional injury, lightning injury, or any other condition, and it is not a substitute for trained human judgment, direct supervision, established safety programs, or professional medical care. The Service presents estimates and general guidance based on third-party weather data and information you provide, all of which may be inaccurate, incomplete, delayed, or unavailable. You must not rely on HeatSafe as your sole means of protecting yourself or others from heat-related or other hazards. Always follow your organization's safety plan, applicable laws and regulations, manufacturer and association guidelines, and the direction of qualified safety, athletic, and medical personnel. In an emergency, call your local emergency number immediately.

1. Eligibility and accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. If you create or administer an account on behalf of a company, team, or athletic program ("Organization"), you represent that you are authorized to bind that Organization to these Terms, and "you" includes that Organization.

2. License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Service on a device you own or control, for your internal safety-monitoring purposes. You may not copy, modify, reverse engineer, resell, sublicense, or create derivative works of the Service except as permitted by law.

3. Nature of the Service — reference and aid only

3.1 Not a guarantee of safety. HeatSafe provides informational estimates and general guidance — including heat-index and Wet Bulb Globe Temperature (WBGT) estimates, risk levels, work/rest and hydration suggestions, acclimatization tracking, practice go/modify/cancel indicators, and optional lightning alerts. These are decision-support aids only. They do not guarantee safety, do not detect the condition of any individual, and cannot prevent injury or illness.

3.2 Estimates and data limitations. Weather and environmental values may be estimated (for example, WBGT is calculated, not directly measured, unless you connect suitable equipment), may be derived from stations located away from your actual site, and may read differently than on-site conditions. Forecasts, lightning data, and third-party feeds may be inaccurate, delayed, or unavailable. Sensor, network, device, battery, and permission issues may prevent alerts from being delivered.

3.3 Human judgment required. Conditions can change rapidly and affect individuals differently based on health, medication, fitness, acclimatization, clothing, and other factors the Service does not measure. Qualified personnel must independently monitor conditions and people, and must make and act on their own safety decisions. Never delay removing a person from activity, providing water or cooling, or seeking medical help because the Service indicates a lower risk.

3.4 Not medical advice. The Service is not a medical device and does not provide medical advice, diagnosis, or treatment, and is not intended to diagnose, treat, cure, or prevent any disease or condition. Always seek the advice of qualified health professionals regarding any medical condition or emergency.

3.5 Your compliance obligations. You are solely responsible for complying with all applicable laws, regulations, standards, and policies — including occupational safety requirements, state and athletic-association heat-safety rules, and your own written safety plan. The presence of preset "policies" or guidance in the Service is provided for convenience only, may not reflect the current official requirements, and does not constitute legal or compliance advice. Verify all requirements against the official source.

4. Organization, employee, and athlete data

If you use the Service to monitor employees, staff, or athletes, you are responsible for: (a) having the authority and any required consents to enter and process their information (including minors' information and body-weight/weigh-in data — see the Privacy Policy); (b) informing them of how the Service is used; and (c) using the Service in a lawful, non-discriminatory manner. You will not use the Service to unlawfully surveil individuals. You are responsible for the accuracy of information you enter (rosters, attendance, thresholds, weigh-ins, certifications, and markers).

5. Subscriptions, billing, and cancellation

Certain features require a paid auto-renewing subscription purchased through the Apple App Store. Payment is charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew for the same period at the then-current price unless canceled at least 24 hours before the end of the current period. You manage and cancel subscriptions in your Apple ID account settings; deleting the app does not cancel a subscription. Any unused portion of a free trial is forfeited when you purchase a subscription. Except where required by law or Apple's policies, payments are non-refundable. Seat limits, plan features, and prices are as described in the app and may change prospectively.

6. Acceptable use

You agree not to: (a) use the Service in any unlawful manner or in violation of these Terms; (b) interfere with or disrupt the Service or its security; (c) attempt to access data you are not authorized to access; (d) misrepresent conditions or falsify safety records; or (e) rely on the Service as a substitute for required safety equipment, supervision, or procedures.

7. Intellectual property

The Service, including its software, design, text, and branding, is owned by HeatSafe or its licensors and is protected by intellectual-property laws. Except for the limited license granted above, we reserve all rights. Data you enter remains yours; you grant us a license to host and process it to provide the Service as described in the Privacy Policy.

8. Third-party services and data

The Service relies on third-party providers (including weather, mapping, hosting, subscription, and notification services). We do not control and are not responsible for the availability, accuracy, or content of third-party data or services, and their terms and policies apply to your use of them.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, TIMELY, OR THAT ANY DATA, ESTIMATE, ALERT, OR GUIDANCE WILL BE ACCURATE OR DELIVERED. YOU USE THE SERVICE AT YOUR OWN RISK.

10. Assumption of risk and release

You acknowledge that outdoor and physical work and athletic activity involve inherent risks, including heat-related illness and injury, and that environmental conditions and individual responses cannot be fully predicted or controlled. To the fullest extent permitted by law, you assume all such risks and release HeatSafe from any claims arising out of or relating to your use of, or reliance on, the Service.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HEATSAFE AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, ILLNESS, DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless HeatSafe from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, your violation of any law or the rights of any person, or information you enter about employees, staff, or athletes.

13. Termination

We may suspend or terminate your access to the Service at any time if you violate these Terms or to protect the Service or its users. You may stop using the Service and delete your account at any time. Sections that by their nature should survive termination (including Sections 3, 9–12, and 14) will survive.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Texas for any dispute not subject to arbitration.

15. Apple App Store additional terms

If you download the app from the Apple App Store, you acknowledge and agree that:

These Terms are between you and HeatSafe only, not with Apple, and Apple is not responsible for the Service or its content.
Apple has no obligation to furnish any maintenance or support for the Service.
In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
Apple is not responsible for addressing any claims relating to the app, including product-liability, legal/regulatory, or consumer-protection claims.
Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party intellectual-property claim relating to the app.
You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government restricted-parties list.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Changes to these Terms

We may modify these Terms from time to time. Material changes will be indicated by updating the "Last updated" date and, where appropriate, additional notice. Your continued use of the Service after changes take effect constitutes acceptance.

17. Contact

HeatSafe Email: getheatsafe@gmail.com Website: https://getheatsafe.com