These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "you") and F7 Software Inc, doing business as Arc Monitor Pro ("Company," "we," "our," or "us"), governing your access to and use of the Arc Monitor Pro IoT & Reporting Platform, including all associated services, APIs, IoT device integrations, dashboards, mobile interfaces, reporting tools, and any related documentation (collectively, the "Service").
You must be at least 18 years of age and legally able to enter into binding contracts to use the Service.
F7 Software Inc, doing business as Arc Monitor Pro, provides a cloud-based IoT monitoring and reporting platform that enables customers to connect industrial devices (including, without limitation, welding equipment and current sensors), collect and transmit device telemetry via MQTT, monitor device activity, and generate operational reports. The Service includes multi-tenant account management, role-based access control, REST APIs, and data analytics capabilities. We may modify, enhance, or discontinue features of the Service at any time at our sole discretion.
To access the Service, you must create an account. You agree to:
We reserve the right, at our sole discretion, to refuse, suspend, or terminate accounts that we believe have been compromised, are being used in violation of these Terms, or present a security risk to the Service or other users.
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business operations.
You agree not to (and not to allow any third party to):
The Service enables you to register IoT devices and configure MQTT broker access. You are solely responsible for:
We reserve the right to revoke MQTT access, throttle message rates, or disconnect any device that we determine is transmitting malicious data, consuming excessive broker resources, violating these Terms, or presenting a security or stability risk to the Service.
The Service supports multi-tenant deployments. If you are a tenant administrator, you are responsible for: (a) managing user access within your tenant; (b) ensuring your users comply with these Terms; (c) maintaining the confidentiality of tenant-specific data; (d) promptly removing access for users who no longer require it; and (e) reviewing audit logs and access reports provided by the Service.
Tenant data is logically isolated using tenant-scoped access controls. However, you acknowledge that multi-tenant systems carry inherent risks and that we do not warrant complete isolation in all circumstances. You should not store data that requires absolute physical or regulatory isolation (for example, classified, HIPAA-protected, or PCI primary account number data) without a separate written data processing agreement with us.
Access to certain features of the Service requires a paid subscription. By subscribing, you agree to pay all applicable fees as described in your subscription plan or order form. All fees are:
We may change our fees upon 30 days' prior notice; continued use after the effective date constitutes acceptance of the new fees. If you dispute a charge, you must notify us in writing within 30 days of the billing date; otherwise, the charge will be deemed accepted. Failure to pay any fee when due may result in suspension or termination of your account and acceleration of all unpaid amounts. You agree to reimburse us for reasonable collection costs, including attorneys' fees, incurred in collecting overdue amounts.
The Service exposes REST APIs authenticated via API keys. You are responsible for the security and use of any API keys issued to your account. All API usage is subject to rate limits, quotas, and fair-use policies that we publish from time to time. We may suspend, throttle, or revoke API keys that exceed those limits, generate excessive errors, or are used in a manner that we believe is abusive or harmful to the Service.
You may not use the API to mirror, replicate, or resell the Service's data or functionality, or to circumvent any usage limit, feature restriction, or security control.
As between you and us, you retain all ownership rights to data you submit to or generate through the Service, including IoT device telemetry, configuration data, and reports ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free, fully paid-up license to host, copy, transmit, process, display, and otherwise use Customer Data solely as necessary to provide, maintain, secure, and improve the Service, to respond to support requests, and to comply with our legal obligations.
You represent and warrant that: (a) you have all rights necessary to submit Customer Data to the Service and to grant the license above; (b) Customer Data does not violate any law, regulation, or third-party right; and (c) your use of the Service complies with all applicable laws.
We may generate anonymized, aggregated, and de-identified data from Customer Data, including for the purposes of operating, analyzing, improving, and developing the Service, and for internal business purposes. We own all such aggregated and de-identified data, which cannot reasonably be used to identify you, your end users, or your devices. This right survives termination of these Terms.
If you provide feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such Feedback without restriction or compensation to you.
The Service may integrate with or rely on third-party services, APIs, libraries, or products ("Third-Party Services"), including payment processors, email delivery providers, cloud hosting, and analytics tools. We are not responsible for the performance, availability, terms, or privacy practices of any Third-Party Service. Your use of Third-Party Services is subject to the terms and privacy policies of those third parties. We disclaim any liability arising from your use of Third-Party Services.
From time to time, we may make available beta, preview, or experimental features ("Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE," without any warranty of any kind. Beta Features may be changed or discontinued at any time without notice. We make no representations about the accuracy, reliability, completeness, or timeliness of any Beta Feature, and we shall not be liable for any consequence of your use of any Beta Feature.
Each party agrees to hold in confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Each party will use the same degree of care to protect the other's Confidential Information as it uses to protect its own confidential information of like kind, but in no event less than reasonable care. The receiving party will not use or disclose the disclosing party's Confidential Information except as necessary to perform its obligations or exercise its rights under these Terms.
The confidentiality obligation does not apply to information that: (a) is or becomes publicly available without breach of these Terms; (b) was lawfully known to the receiving party before receipt; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law or court order, provided the receiving party gives reasonable notice where permitted.
The Service, including all software, source code, object code, algorithms, data models, interfaces, designs, documentation, trademarks, service marks, logos, trade names, trade dress, and all associated intellectual property rights, is and shall remain the exclusive property of F7 Software Inc and its licensors, protected by copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any rights in our intellectual property except the limited right to use the Service as expressly described herein. All rights not expressly granted are reserved.
We respect the intellectual property rights of others. If you believe that content on the Service infringes your copyright, please send a notice to our designated agent that includes all information required by 17 U.S.C. §512(c)(3), including:
Send DMCA notices to [email protected] with "DMCA Notice" in the subject line. We will respond to valid notices in accordance with the DMCA. We may terminate the accounts of users who are repeat infringers.
We will use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted availability, error-free operation, or any specific service-level target unless expressly set forth in a separate written service-level agreement signed by both parties. The Service may be unavailable or degraded due to scheduled maintenance, emergency maintenance, upgrades, bug fixes, denial-of-service attacks, hardware or network failures, third-party service failures, acts of force majeure, or other events beyond our reasonable control. We are not liable for any loss, damage, or claim resulting from unavailability, delay, or degradation of the Service.
You agree to indemnify, defend, and hold harmless F7 Software Inc (dba Arc Monitor Pro), its affiliates, officers, directors, employees, agents, contractors, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right (including any intellectual property right or privacy right); (d) Customer Data submitted by you or on your behalf; (e) any negligence, willful misconduct, or wrongful act or omission by you or your personnel; (f) any personal injury, property damage, or other harm arising out of the operation of your industrial equipment or monitoring installation; or (g) any dispute between you and a third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. You shall not settle any claim without our prior written consent.
These Terms are effective upon your first access to the Service and remain in effect until terminated. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms, fail to pay fees when due, or create a security or legal risk to us or other users.
You may terminate your account at any time by contacting us in writing at [email protected]. Upon termination: (a) your right to access and use the Service will immediately cease; (b) any amounts owed become immediately due and payable; (c) we may delete your account data after the retention period described in our Privacy Policy; and (d) the following Sections survive termination: Sections 4.2, 7, 9, 12, 13, 14, 16, 17, 18, 19, 21, 22, 23, 24, and 25.
These Terms, and any dispute or claim arising out of or related to them, are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Before filing any formal claim, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, either party may proceed to arbitration as described below.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service, including the existence, validity, interpretation, performance, breach, or termination thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware, or by video conference where permitted. The arbitrator's award 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, and the parties shall split the arbitrator's fees equally unless the arbitrator determines otherwise. The arbitrator shall have no authority to award punitive or exemplary damages.
Notwithstanding the foregoing, either party may: (a) bring an individual action in small-claims court; (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights; and (c) seek enforcement of any arbitration award in any court of competent jurisdiction.
Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after such claim arose; otherwise, such claim is permanently barred.
The Service may be subject to U.S. export control laws and regulations, including the Export Administration Regulations and economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control. You represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any country or territory subject to U.S. embargo or comprehensive sanctions; (b) you are not on any U.S. government list of prohibited or restricted parties; and (c) you will not use, export, re-export, or transfer the Service in violation of any applicable export-control or sanctions law.
The Service is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202. If you are a U.S. government entity, your rights in the Service are limited to those set forth in these Terms. Any use, modification, reproduction, release, performance, display, or disclosure of the Service by or on behalf of the U.S. government shall be governed solely by these Terms.
For questions about these Terms, please contact: