Terms of Service

Last Updated: March 13, 2026

Welcome to RefriTrak. Please read these Terms of Service ("Terms") carefully before using the RefriTrak website or platform (the "Service") operated by RefriTrak ("us," "we," or "our").

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you may not access the Service. These Terms constitute the entire agreement between you and RefriTrak regarding the Service and supersede all prior agreements, representations, or understandings between the parties relating to the same subject matter.

2. Eligibility and Account Registration

To access certain features of the Service, you may be required to register for an account. You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.

  • You must provide accurate, complete, and current information.
  • You are responsible for safeguarding your login credentials, including any passkeys, passwords, or multi-factor authentication methods associated with your account.
  • You agree not to disclose your credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  • RefriTrak reserves the right to suspend or terminate any account at any time, with or without notice, for any reason including but not limited to violation of these Terms, suspected fraudulent activity, non-payment, or inactivity.

3. Intellectual Property

The Service and its original content (excluding User Data), features, and functionality are and will remain the exclusive property of RefriTrak and its licensors.

  • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of RefriTrak.
  • You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business operations during the term of your subscription.

4. User-Generated Content and Data

4.1 Ownership

You retain all of your ownership rights in the data you upload to the Service ("User Data").

4.2 License to RefriTrak

By uploading User Data, you grant RefriTrak a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and process such data for the following purposes: (a) providing and improving the Service; (b) creating anonymized, aggregated, or de-identified derivative data sets that cannot reasonably be used to identify you or your organization ("Anonymized Data"); and (c) using and commercializing such Anonymized Data as further described in our Privacy Policy. RefriTrak does not claim ownership of your User Data.

4.3 Data Accuracy & Verification

RefriTrak is a data management tool, not a compliance guarantor. You are solely responsible for the accuracy, quality, and legality of the User Data. You must verify the accuracy of all automated reports, leak rate calculations, and compliance summaries before submitting any information to the EPA or other regulatory authorities. RefriTrak shall not be liable for any regulatory fines, penalties, or enforcement actions arising from inaccurate or incomplete User Data.

4.4 Feedback

If you provide RefriTrak with any suggestions, ideas, enhancement requests, recommendations, or other feedback ("Feedback"), you hereby assign to RefriTrak all right, title, and interest in and to such Feedback, and RefriTrak may use and commercialize it in any manner without restriction or compensation to you.

5. Artificial Intelligence and Automated Tools

RefriTrak may utilize Artificial Intelligence (AI) and machine learning algorithms to assist with data categorization, analysis, and user support.

  • Non-Reliance: AI-generated responses and suggestions are provided for informational purposes only. They do not constitute professional, legal, or regulatory compliance advice.
  • Assumption of Risk: You acknowledge that AI outputs may occasionally be inaccurate, incomplete, or misinterpreted. RefriTrak shall not be liable for any damages resulting from actions taken based on AI-generated content.

6. Service Modifications, Suspension, and Termination

Modifications: RefriTrak reserves the right, at its sole discretion, to modify, suspend, discontinue, or remove any feature or aspect of the Service at any time, with or without notice, and without liability to you or any third party.

Suspension by RefriTrak: We may suspend or restrict your access to the Service immediately and without notice if we reasonably believe you have violated these Terms, pose a security risk, or have failed to pay applicable fees.

Termination by You: You may terminate your account at any time by contacting us at legal@refritrak.com. Termination does not entitle you to a refund of any prepaid fees unless otherwise required by law.

Effect of Termination: Upon termination, your right to access the Service ceases immediately. RefriTrak may retain your User Data for a period required by law or legitimate business purposes before deletion.

7. Prohibited Uses

You agree not to use the Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including EPA Section 608 and the AIM Act).
  • To transmit any unsolicited communications ("spam"), malicious code, viruses, Trojans, or worms.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service or its related systems or networks.
  • To reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
  • To use the Service to build a competing product or service.

8. Limitation of Liability and Disclaimer of Warranties

A. "As-Is" Basis: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. REFRITRAK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REFRITRAK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

B. No Guarantee of Compliance: USE OF REFRITRAK DOES NOT GUARANTEE COMPLIANCE WITH ANY ENVIRONMENTAL, FEDERAL, STATE, OR LOCAL LAW OR REGULATION. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO MEET REGULATORY DEADLINES, REPORTING REQUIREMENTS, OR DOCUMENTATION STANDARDS. YOU REMAIN SOLELY RESPONSIBLE FOR YOUR REGULATORY OBLIGATIONS.

C. No Uptime Guarantee: RefriTrak does not guarantee any specific level of availability, uptime, or performance. We shall not be liable for any loss or damage resulting from downtime, service interruptions, or data unavailability.

D. CAP ON ALL DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REFRITRAK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR FOUNDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER — WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL — INCLUDING BUT NOT LIMITED TO EPA FINES OR PENALTIES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF REFRITRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REFRITRAK'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO REFRITRAK IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (II) ONE HUNDRED DOLLARS ($100.00).

E. Essential Basis: THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. REFRITRAK WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

9. Indemnification

You agree to defend, indemnify, and hold harmless RefriTrak and its founders, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including reasonable attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any provision of these Terms; (iii) your violation of any third-party right, including any intellectual property or privacy right; (iv) any User Data you upload or submit to the Service; or (v) any regulatory claim, fine, or enforcement action relating to your use of the Service. This indemnification obligation will survive termination of these Terms and your use of the Service.

10. DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

A. Informal Resolution First: Before initiating any arbitration, you agree to contact RefriTrak at legal@refritrak.com and attempt to resolve the dispute informally for at least thirty (30) days.

B. Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions about the existence, validity, or termination of these Terms — shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in San Mateo County, California, or via remote hearing. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

C. CLASS ACTION WAIVER: YOU AND REFRITRAK EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF A COURT OR ARBITRATOR FINDS THIS WAIVER UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION SECTION SHALL BE VOID.

D. JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

E. Exceptions: Notwithstanding the above, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent imminent harm.

F. Time Limit on Claims: ANY CLAIM ARISING UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CLAIMS NOT BROUGHT WITHIN THIS PERIOD ARE PERMANENTLY BARRED.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For any matter not subject to arbitration under Section 10, the parties consent to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California.

12. Force Majeure

RefriTrak shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God; war; riot; terrorism; governmental action or embargo; strikes or labor disputes; natural disasters; pandemic or epidemic; cyberattacks or distributed denial-of-service attacks; failures of third-party infrastructure providers (including but not limited to Vercel, Amazon Web Services, and MongoDB Atlas); or widespread internet or telecommunications outages.

13. California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

14. General Provisions

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

No Waiver: RefriTrak's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or any rights hereunder without RefriTrak's prior written consent. RefriTrak may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Entire Agreement: These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and RefriTrak regarding the Service and supersede all prior negotiations, representations, warranties, and understandings.

Export Compliance: You represent that you are not located in a country subject to U.S. government embargo and that you are not on any U.S. government prohibited or restricted party list.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. For material changes, we will provide at least 30 days' notice via email or a prominent in-app notice before the new terms take effect. By continuing to access the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

16. Contact Us

If you have any questions about these Terms, please contact us at legal@refritrak.com.

RefriTrak 611 Gateway Blvd Suite 120 South San Francisco, CA 94080

Terms of Service — RefriTrak