Terms of Service

By accessing or using the FogCert platform (Service), operated by FogCert, Inc. (Company, "we," "us," or "our"), you agree to be bound by these Terms of Service (Terms). If you do not agree, do not use the Service.

FogCert is a cloud-based grease trap compliance management platform for service companies, restaurants, and commercial kitchens. The Service includes:

• Service event logging and Certificate of Service generation
• Compliance calendar and automated reminders
• Customer and grease trap management
• Invoicing and accounts receivable tracking
• Pretreatment report generation
• Driver mobile workflow and route management
• Restaurant portal for compliance monitoring

You must register for an account to use the Service. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized use of your account

The Service is offered on a subscription basis. By subscribing, you agree to:

• Pay all fees associated with your selected plan
• Authorize recurring charges to your payment method
• Provide valid and current payment information

We may change our fees upon 30 days' advance notice. Continued use of the Service after a fee change constitutes acceptance of the new fees. All fees are non-refundable except as required by law.

We may offer a free trial period. At the end of the trial, your account will be converted to a paid subscription unless you cancel before the trial ends. We reserve the right to modify or discontinue trial offers at any time.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulations
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Upload or transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to send spam or unsolicited communications
• Impersonate any person or entity
• Resell, sublicense, or redistribute the Service without written permission

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of all data you submit to the Service. By using the Service, you grant us a limited license to use, store, and process your data solely to provide and improve the Service.

FogCert generates digital Certificates of Service based on data entered by service company personnel. While we strive for accuracy:

• We do not guarantee that certificates meet all local regulatory requirements
• It is the service company's responsibility to ensure data accuracy
• Certificates are generated based on user-provided information
• We are not liable for regulatory non-compliance arising from incorrect data entry

The Service and its original content, features, and functionality are owned by FogCert, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks may not be used without prior written consent.

We may terminate or suspend your account and access to the Service immediately, without prior notice, for:

• Breach of these Terms
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Extended period of inactivity

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access until the end of your current billing period.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOGCERT, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

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

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER 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 uninterrupted, error-free, secure, or free of viruses or other harmful components.

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

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action arising from these Terms shall be brought exclusively in the state or federal courts located in Harris County, Texas.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Effective Date" above. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

If you have questions about these Terms, please contact us:

• Email: legal@fogcert.com
• Address: FogCert, Inc., Houston, TX