Last updated: March 5, 2025
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.therms.io website and the THERMS mobile application (together, or individually, the "Service") operated by American Software Solutions, inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The software Service is billed on a subscription basis ("Subscription(s)"). You will be billed on a recurring and periodic basis ("Billing Cycle") for the usage described in the pricing description (www.therms.io/pricing). Billing cycles are set on a monthly cycle. The option for an annual subscription cycle can be requested.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or American Software Solutions, inc. cancels it. You may cancel your Subscription renewal by contacting American Software Solutions, inc. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide American Software Solutions, inc. with accurate and complete billing information including business name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize American Software Solutions, inc. to charge all Subscription fees incurred through your account to any such payment instruments. Providing a payment method constitutes your agreement to pay the Subscription fees in the pricing description (www.therms.io/pricing).
Should automatic billing fail to occur for any reason, American Software Solutions, inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
American Software Solutions, inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to register for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by American Software Solutions, inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the software Service Subscription usage as outlined in the pricing section of the website (www.therms.io/pricing).
At any time and without notice, American Software Solutions, inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
American Software Solutions, inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
American Software Solutions, inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by American Software Solutions, inc. on a case-by-case basis and granted in sole discretion of American Software Solutions, inc.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
American Software Solutions, inc. has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of American Software Solutions, inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You retain ownership of all data and content you submit through the Service. By submitting data to the Service, you grant American Software Solutions, inc. a worldwide, non-exclusive, royalty-free license to use, process, display, and transmit such data solely for the purposes of providing and improving the Service, and as otherwise permitted by these Terms and our Privacy Policy.
American Software Solutions, inc. may use anonymized and aggregated data derived from your use of the Service for research, analysis, and service improvement purposes, provided that such use does not identify you or your organization.
We implement reasonable security measures to protect the data you submit through the Service. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
You acknowledge that any information you provide through the Service may include sensitive public safety data. You are responsible for ensuring that your submission of such information complies with all applicable laws and regulations, including but not limited to privacy laws, reporting requirements, and confidentiality obligations.
The Service is not intended to replace official emergency reporting channels. For emergencies requiring immediate attention, contact your local emergency services (911 in the United States).
No Guarantee of Security. Despite our reasonable efforts to protect your data, no security system is impenetrable, and we cannot guarantee the absolute security of our systems or your data. You acknowledge that the transmission of information via the internet and the storage of information digitally are inherently insecure and we cannot guarantee their security.
Notification. In the event we become aware of a data breach that affects your personal data or account information, we will notify you as required by applicable law. The timing and method of notification will be determined based on the nature of the breach, the sensitivity of compromised information, and applicable laws and regulations.
Limitation of Liability for Data Breaches. American Software Solutions, inc. shall not be liable for any damages of any kind arising from unauthorized access to or use of your data, regardless of whether such unauthorized access constitutes a data breach, security incident, or otherwise. This includes but is not limited to direct, indirect, incidental, consequential, punitive, special, or exemplary damages.
Your Responsibilities. You are responsible for:
Force Majeure. American Software Solutions, inc. shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, sophisticated cyber attacks, malicious code introduction, or other forms of information security breaches.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of American Software Solutions, inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of American Software Solutions, inc.
Our Service may contain links to third party web sites or services that are not owned or controlled by American Software Solutions, inc.
American Software Solutions, inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that American Software Solutions, inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Unless legally prohibited, we will retain your data for a commercially reasonable time after termination of your account or the Service. Upon termination, we may delete, preserve, or transfer any data stored on our servers at our sole discretion, subject to legal requirements.
You acknowledge that certain data may need to be retained for compliance with laws, regulations, or other legal obligations. You are responsible for exporting any data you wish to retain prior to account termination.
In the event of termination, all provisions of these Terms which by their nature should survive termination shall survive, including without limitation warranties, warranty disclaimers, indemnities, and limitations of liability.
You agree to defend, indemnify and hold harmless American Software Solutions, inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
To the maximum extent permitted by applicable law, in no event shall American Software Solutions, inc., its affiliates, directors, employees, agents, partners, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if American Software Solutions, inc. has been advised of the possibility of such damages), resulting from:
You specifically acknowledge that American Software Solutions, inc. shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The service is not intended to be used as an emergency notification system and American Software Solutions, inc. will not be liable for any delays, failures, or inaccuracies in the transmission of any data or information.
The service is provided on an "as is" and "as available" basis without any warranty of any kind, express or Implied. To the maximum extent permitted by applicable law, American Software Solutions, inc. disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non infringement, accuracy, reliability, and any warranties arising from course of dealing, course of performance, or usage of trade.
American Software Solutions, inc. makes no warranty that (i) the service will meet your requirements or expectations; (ii) the service will be uninterrupted, timely, secure, or error free; (iii) the results that may be obtained from use of the service will be accurate, reliable, complete or current; or (iv) any errors in the service will be corrected.
You expressly understand and agree that the service is not intended or designed to serve as a critical emergency system and should not be relied upon as such. The service is not a substitute for emergency services (such as 911 in the United States), and delays, failures, or inaccuracies in the service may occur.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
You agree to comply with all applicable local, state, national, and international laws, regulations, and rules in connection with your use of the Service, including but not limited to laws regarding public safety reporting, data privacy, telecommunications, and export control.
You shall not use the Service to submit false reports, misleading information, or information that may cause public alarm or panic. You are solely responsible for ensuring the accuracy and legality of all content and data you submit through the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Idaho, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.