Terms of Service

Company

R Gupta Consultancy Services Inc., an Ontario corporation operating as GridOwl ("Company", "RGCS", "we", "us").

User / Customer

Any individual or organization that creates an account and uses the Service.

Tenant

An organization (e.g., restaurant, food service facility) that subscribes to the Service and manages equipment and sensors within their account.

Hardware

Physical devices including LoRaWAN temperature sensors, gateways, and related equipment owned by RGCS and deployed to Tenants as a managed service.

Sensor Data

Temperature readings, humidity, timestamps, and related IoT telemetry collected by the Service.

Personal Data

Name, email address, account credentials, phone number, and other information provided by Users and Tenants.

Age Requirement

You must be at least 18 years of age to create an account and use the Service.

Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify RGCS immediately of any unauthorized access or breach of security.

Accurate Information

You agree to provide accurate, current, and complete information when creating your account and to update it promptly if it changes.

Account Termination

RGCS may suspend or terminate your account at any time for violation of these Terms, without liability.

Self-Service Account Deletion

Individual users may delete their own account from within the app via Profile → Danger Zone → Delete My Account. Account deletion is immediate and permanent upon confirmation.

Organization-managed accounts: Your account may be associated with one or more organizations on the GridOwl platform. Deleting your account will remove you from all organizations simultaneously. Your organization's administrators will lose the ability to manage your account after deletion.

Sole administrator restriction: If you are the only administrator of an organization, you must assign another administrator before deleting your account. This requirement exists to prevent organizations from losing all administrative access. You can manage team roles from Settings → Team. If you are unable to assign a replacement, contact [email protected] for assistance.

Ownership

All hardware (sensors, gateways, and related equipment) is owned by RGCS. You are granted a limited, non-exclusive license to use the hardware during your active subscription.

Managed Service Model

RGCS deploys, maintains, calibrates, and manages all hardware throughout its lifecycle. You may not modify, repair, or tamper with the hardware without explicit written permission from RGCS.

Warranty

Duration: RGCS warrants hardware against manufacturing defects, battery failure, and sensor malfunction for one (1) year from the date of deployment to your facility.

Coverage: Manufacturing defects, sensor drift, battery failure, and firmware-related issues.

Exclusions: Physical damage, water ingress beyond IP67 rating, tampering, unauthorized modification, or use outside manufacturer specifications.

Replacement Process

Defective units are replaced by RGCS at no cost within 5 business days of confirmation. Historical data from the replaced unit remains accessible in your account.

Battery & Calibration

Battery: Sensor batteries have an expected lifespan of 5+ years. RGCS replaces batteries at no cost during your subscription.

Calibration: Annual calibration is included in your subscription to ensure measurement accuracy.

Return on Termination

Upon termination or cancellation of your subscription, you agree to return all hardware to RGCS within 30 days. Hardware not returned may result in additional charges.

Subscription Terms

You agree to pay the subscription fee for your chosen plan. Subscription fees are billed in advance and are non-refundable except as required by law.

Billing & Payment

You authorize RGCS to charge your payment method (credit card, bank account) on the billing date. Payment is processed through Stripe. You are responsible for maintaining valid payment information.

Failed Payments

If a payment fails, RGCS will retry up to 3 times over 5 business days. If payment is not received within this period, RGCS may suspend your account.

Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial months.

Price Changes

RGCS may change subscription fees with sixty (60) days' written notice. Changes will not apply until your next billing cycle. If you do not agree to the new fees, you may cancel your subscription before the new pricing takes effect.

Data Collection

We collect temperature readings, sensor telemetry, user account information, equipment metadata, and location data. This data is processed in accordance with PIPEDA (Personal Information Protection and Electronic Documents Act) and our Privacy Policy.

Data Security

RGCS implements industry-standard encryption and security measures to protect your data at rest and in transit. However, no system is 100% secure, and we cannot guarantee absolute security.

Data Retention

HACCP audit logs are retained for a minimum of 2 years as required by food safety regulations. Other data is retained per our Privacy Policy or your legal obligations.

Data Sharing

RGCS does not sell your data. We share data only with essential third parties: AWS (infrastructure), The Things Industries (LoRaWAN network), Sentry (error tracking), and Stripe (payments). All third parties are bound by confidentiality agreements.

Multi-Tenant Isolation

Your data is isolated from other Tenants via row-level security policies. You cannot access other organizations' data.

Monitoring Tool Only

GridOwl provides temperature monitoring, breach detection, and audit logging. It alerts you to potential issues but does not prevent food spoilage, contamination, or other food safety failures.

No Liability for Food Safety Violations

RGCS is not liable for food spoilage, foodborne illness, regulatory violations, loss of product, or any claims arising from failure to follow food safety procedures. You are fully responsible for food safety in your facility.

Professional Responsibility

You agree to designate qualified food safety personnel to interpret GridOwl reports and data. GridOwl reports are one input to your food safety decision-making process, not the final authority.

System Limitations

GridOwl may experience downtime, data loss, sensor failure, or network issues. You assume all risk for gaps in monitoring coverage and are responsible for backup monitoring procedures.

Compliance Report Accuracy

Compliance reports generated by GridOwl (daily, weekly, and monthly summaries) are based on data received from sensors and may not reflect conditions during periods of sensor downtime, network outages, or data transmission failures. Reports are provided as informational tools to assist your food safety program and do not constitute certification of regulatory compliance. You are responsible for verifying report accuracy and supplementing with manual records where gaps exist.

License Grant

Subject to these Terms, RGCS grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices that you own or control, solely for the purpose of accessing the Service in connection with your subscription.

Push Notifications

The App may send push notifications for temperature breach alerts, escalation events, and compliance reminders. You may disable push notifications through your device settings; however, doing so may delay your awareness of critical HACCP events. RGCS is not liable for any consequences resulting from disabled notifications.

Offline Functionality

Certain features of the App may function in a limited capacity while offline, including viewing cached temperature data. Actions taken offline (such as acknowledging alerts) will sync when your device reconnects. RGCS is not responsible for data inconsistencies arising from offline use.

App Store Terms

Your use of the App is also subject to the terms and conditions of the platform from which you downloaded it (Apple App Store or Google Play). In the event of a conflict between these Terms and the applicable app store terms, the app store terms shall govern to the extent of the conflict.

Updates

RGCS may release updates to the App from time to time. While we recommend keeping the App updated for security and functionality, we do not force automatic updates. Older versions of the App may lose functionality if they become incompatible with the Service API.

Account Deletion

You may delete your account through the App (Settings → Account → Delete Account). Account deletion will remove your personal data in accordance with our Privacy Policy. HACCP compliance logs are subject to a minimum 2-year regulatory retention period and will be retained in anonymized form.

GridOwl IP

All software, source code, design, branding, documentation, and materials used in the Service are the intellectual property of RGCS or its licensors. You are granted only a limited license to use these materials for the purpose of accessing the Service.

Your Content

You retain ownership of data you provide to GridOwl (temperature readings, equipment metadata, etc.). By using the Service, you grant RGCS a non-exclusive, royalty-free license to store, process, and analyze this data solely for the purpose of providing, maintaining, and improving the Service, in the jurisdictions where RGCS infrastructure operates. This license terminates upon deletion of your data or termination of your account, except as required for regulatory retention.

Feedback

Any feedback, suggestions, or improvement ideas you provide may be used by RGCS without obligation to you.

Cap on Liability

RGCS's total liability to you shall not exceed the amount paid by you in the 12 months preceding the claim. Some jurisdictions do not allow certain limitations of liability, so this limitation may not apply to you.

Service Availability

RGCS does not guarantee 99.9% uptime or any specific level of availability. The Service is provided "as-is" without warranties of any kind, express or implied.

Termination by You

You may terminate your account and subscription at any time by notifying RGCS in writing. Termination takes effect at the end of your current billing cycle.

Termination by RGCS

RGCS may terminate your account immediately without notice if you violate these Terms, engage in illegal activity, or pose a risk to the Service or other users.

Effect of Termination

Upon termination, your full access to the Service ceases at the end of your current billing period. You must return all hardware to RGCS within 30 days.

Post-Termination Data Export

Following termination, you will have thirty (30) days of read-only access to export your data (sensor readings, HACCP reports, equipment records) via the Service's export functionality. After this 30-day window, your data will be deleted except where retention is required by law or regulatory obligation (e.g., HACCP audit logs retained for a minimum of 2 years). RGCS will provide data in standard formats (CSV, PDF) upon request during the export window.

Good Faith Negotiation

Before initiating legal proceedings, you and RGCS agree to attempt to resolve disputes through good faith negotiation for at least 30 days.

Mediation

If negotiation fails, disputes may be submitted to non-binding mediation in Ontario before proceeding to arbitration.

Binding Arbitration

If mediation does not resolve the dispute, either party may submit the dispute to binding arbitration administered under the rules of the ADR Institute of Canada, conducted in Ottawa, Ontario. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.

Class Action Waiver

To the fullest extent permitted by applicable law, you and RGCS agree that all disputes shall be resolved on an individual basis and not as part of any class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against RGCS.

Exceptions

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for matters relating to intellectual property, data security, or confidentiality obligations.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with the End User License Agreement (EULA), Privacy Policy, Hardware Warranty Policy, and any executed Data Processing Agreement, constitute the entire agreement between you and RGCS regarding the Service. In the event of a conflict between these Terms and the EULA, these Terms shall govern.

Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of RGCS. RGCS may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.

Waiver

The failure of RGCS to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of RGCS.

Force Majeure

RGCS shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, acts of government, internet or telecommunications failures, power outages, third-party cloud infrastructure outages (e.g., AWS), cyberattacks, or LoRaWAN network disruptions. RGCS will use commercially reasonable efforts to resume performance as promptly as practicable.

Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service. This obligation survives termination of these Terms for a period of two (2) years, except for trade secrets which shall remain confidential indefinitely.