These Terms of Service ("Terms") are a legally binding agreement between you ("Customer" or "you") and F7 Software Inc ("F7 Software," "we," "our," or "us") governing your access to and use of Arc Monitor Pro: the customer portal, dashboards and reports, the monitoring units and optional operator login pendants we supply ("Devices"), the REST API, the Power BI connector, documentation and support (collectively, the "Service").
BY ACCESSING, REGISTERING FOR OR USING THE SERVICE, OR BY SIGNING AN ORDER FORM THAT REFERENCES THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE. IF YOU ACCEPT ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY, AND "YOU" REFERS TO THAT ENTITY.
The Service is for business use. You must be at least 18 years old and able to enter into binding contracts. If you and F7 Software have signed a separate written agreement or order form, that document controls where it conflicts with these Terms.
Arc Monitor Pro is a subscription service that measures weld activity (arc-on time) on the Customer's arc welding machines and reports it in a cloud portal. Each monitored machine is fitted with a monitoring unit that connects to the Customer's Wi-Fi network and transmits activity records to our servers over MQTT. An optional operator login pendant lets a welder log in at the station so that weld activity is attributed to that operator. The Service includes multi-tenant account management, role-based access control, hourly to monthly reports, email alerts, CSV export, a REST API and a Power BI connector. We may modify, enhance or discontinue features of the Service at any time; we will give reasonable notice of changes that materially reduce its core functionality.
To use the Service you must have an account. You agree to:
We may refuse, suspend or terminate accounts that we reasonably believe are compromised, used in breach of these Terms, or a security risk to the Service or other customers.
Subject to these Terms and payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service, and to install and use the Power BI connector on computers you control, solely for your internal business operations during the subscription term.
You will not, and will not allow anyone else to:
Monitoring units, pendants and accessories are provided to you as part of your subscription; they are not sold to you. Unless your order form says otherwise:
You are solely responsible for:
Devices connect to our MQTT broker with credentials we provision. We may throttle, disconnect or de-register any Device that transmits malformed or malicious data, consumes excessive resources, or presents a security or stability risk to the Service.
The operator login pendant attributes weld activity to the employee who is logged in at a station. If you use it, you acknowledge that the Service will process information about your employees (names, Login IDs, categories, login and logout times and weld minutes per operator) and that:
Each customer's data is held in its own tenant, logically isolated by tenant-scoped access controls. As a tenant administrator you are responsible for managing who has access to your tenant and at what role, for the confidentiality of your tenant's data, for removing users who no longer need access, and for reviewing the API key usage information the portal provides. Multi-tenant systems carry inherent risks; do not store data that requires physical or regulatory isolation (for example classified information, protected health information or payment card numbers) in the Service.
The Service is provided under a subscription described in your order form, which states the term, the number and type of Devices, and the fees. Fees are:
We may change fees for a renewal term with at least 30 days' notice. Disputed charges must be raised in writing within 30 days of the invoice date. If an invoice is not paid when due we may, after notice, suspend the Service until payment is received, and you agree to reimburse our reasonable costs of collection, including attorneys' fees.
The REST API is authenticated with API keys that you create in the portal. You are responsible for the security of your keys and for everything done with them. API usage is subject to the rate limits and fair-use rules we publish, and we may throttle or revoke keys that exceed them, generate excessive errors or are used abusively. You may not use the API or the connector to mirror, replicate or resell the Service, or to circumvent a usage limit, feature restriction or security control.
The Power BI connector is licensed to you for use with your own account. Microsoft Power BI, Excel and other tools you connect are third-party products governed by their own terms.
As between you and us, you own the data you submit to or generate through the Service, including Device telemetry, Operator Data, configuration and reports ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, process and display Customer Data solely to provide, secure, support and improve the Service and to comply with law. You represent that you have all rights needed to submit Customer Data and that its collection and use through the Service complies with applicable law.
We may create aggregated, de-identified data from Customer Data that cannot reasonably be used to identify you, your employees or your Devices, and use it to operate, analyze and improve the Service and for our internal business purposes. This right survives termination.
If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.
The Service relies on third-party providers, including Cloudflare for content delivery and bot protection, an IP geolocation provider, a transactional email provider, hosting providers and, if you pay by card, a payment processor, and it integrates with third-party tools such as Microsoft Power BI. We are not responsible for the performance, availability or privacy practices of third-party services, and your use of them is subject to their terms.
We may offer beta, preview or experimental features, identified as such. They are provided "AS IS" and "AS AVAILABLE," without warranty, may change or be withdrawn at any time, and are excluded from any support or availability commitment.
Each party will keep confidential the non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential, will protect it with at least reasonable care, and will use it only to perform under these Terms. This does not apply to information that is or becomes public without breach, was already lawfully known to the recipient, is independently developed, or must be disclosed by law, in which case the recipient will give reasonable notice where permitted.
The Service, the Devices and their firmware, the connector, documentation, trademarks, logos and all related intellectual property rights are and remain the exclusive property of F7 Software Inc and its licensors. These Terms grant you only the limited rights expressly stated; all other rights are reserved.
If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. §512(c)(3) to our designated agent at support [at] arcmonitorpro.com with "DMCA Notice" in the subject line, or by mail to F7 Software Inc, Attn: DMCA Agent, 6934 Oak Ridge Commerce Way, Austell, GA 30168, United States. We respond to valid notices in accordance with the DMCA and may terminate repeat infringers.
We use commercially reasonable efforts to keep the Service available 24 hours a day, but we do not guarantee uninterrupted or error-free operation and offer no service-level commitment unless a separate signed service-level agreement provides one. The Service may be unavailable during scheduled or emergency maintenance, or because of network failures, attacks, third-party outages or events beyond our control. Devices store activity locally during short outages and upload it when the connection returns. Support is available by email, the contact form and telephone during our published business hours.
EXCEPT FOR THE DEVICE REPAIR-OR-REPLACE REMEDY IN SECTION 5, THE SERVICE, INCLUDING ALL SOFTWARE, DEVICES, FIRMWARE, THE CONNECTOR, DOCUMENTATION AND CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, F7 SOFTWARE INC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT MEASUREMENTS OR REPORTS WILL BE ACCURATE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL WORK WITH ANY PARTICULAR WELDING MACHINE, NETWORK OR SOFTWARE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS A MONITORING AND REPORTING TOOL THAT PROVIDES VISIBILITY INTO EQUIPMENT ACTIVITY. IT IS NOT A SAFETY DEVICE, A CONTROL SYSTEM, A FUNCTIONAL-SAFETY PRODUCT, A TIMEKEEPING OR PAYROLL SYSTEM OF RECORD, OR A SUBSTITUTE FOR OPERATOR TRAINING, PERSONAL PROTECTIVE EQUIPMENT, EMERGENCY STOP SYSTEMS OR LOCKOUT/TAGOUT PROCEDURES. IT MUST NOT BE USED AS THE SOLE MEANS OF DETECTING, PREVENTING OR RESPONDING TO ANY HAZARDOUS CONDITION, EQUIPMENT MALFUNCTION, FIRE, ARC FLASH, ELECTRICAL SHOCK OR OTHER SAFETY-CRITICAL EVENT.
YOU ACKNOWLEDGE THAT THE SERVICE IS NOT CERTIFIED FOR, AND MUST NOT BE USED IN, ANY APPLICATION WHERE FAILURE OR INACCURACY COULD RESULT IN DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR ENVIRONMENTAL HARM. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE SAFETY STANDARDS, REGULATIONS AND INDUSTRY CODES AND FOR MAINTAINING INDEPENDENT SAFETY SYSTEMS AND PROCEDURES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL F7 SOFTWARE INC OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, WORK STOPPAGE, EQUIPMENT FAILURE OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE OR ANY DEVICE, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, IN WHICH CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT THE LAW PERMITS. THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN.
You will indemnify, defend and hold harmless F7 Software Inc and its affiliates, officers, employees, agents, contractors, licensors and suppliers from all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service or the Devices; (b) your breach of these Terms; (c) your violation of any law or third-party right, including laws governing the monitoring of employees and any claim by your employee or contractor relating to Operator Data; (d) Customer Data; (e) the installation or operation of your welding equipment or monitoring installation; or (f) any dispute between you and a third party. We may assume the defense of any such matter at our expense, and you will cooperate and will not settle a claim without our written consent.
These Terms apply from your first use of the Service or the start of your order form, whichever is earlier, for the subscription term and any renewals. Either party may terminate for material breach that is not cured within 30 days of written notice. We may suspend or terminate access immediately if you fail to pay when due after notice, breach sections 4, 6 or 7, or create a security or legal risk. You may terminate by giving notice of non-renewal under section 9 or by contacting us in writing.
On termination: (a) your right to use the Service ends; (b) amounts owed become due; (c) you will return all Devices under section 5; (d) for 30 days you may export your Customer Data through the portal and the API, after which we delete or anonymize it under the Privacy Policy's retention schedule; and (e) sections 4.2, 5 (as to return and charges), 7, 9 (as to amounts owed), 11, 14, 15, 18 through 21, 23 and 26 survive.
These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to the arbitration provisions below, the parties consent to the exclusive jurisdiction and venue of the state courts in Cobb County, Georgia and the United States District Court for the Northern District of Georgia.
Before filing a formal claim, contact us at support [at] arcmonitorpro.com and attempt to resolve the dispute informally. If it is not resolved within 60 days, either party may proceed to arbitration.
Any dispute arising out of or relating to these Terms or the Service will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Cobb County, Georgia or by video conference where permitted. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own costs and the parties split the arbitrator's fees equally unless the arbitrator decides otherwise. The arbitrator may not award punitive or exemplary damages.
CLASS ACTION AND JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY IN A PARTY'S INDIVIDUAL CAPACITY.
Either party may bring an individual action in small-claims court, seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property or confidentiality rights, or seek enforcement of an arbitration award.
Any claim arising out of or relating to these Terms or the Service must be filed within one year after it arose; otherwise it is permanently barred.
The Service and the Devices may be subject to U.S. export control and sanctions laws, including the Export Administration Regulations and the regulations of the Office of Foreign Assets Control. You represent that you are not located in, or organized under the laws of, a country subject to U.S. embargo or comprehensive sanctions, that you are not on any U.S. government restricted-party list, and that you will not export, re-export or transfer the Service or the Devices in violation of those laws.
The Service is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. §12.212 and §227.7202. If you are a U.S. government entity, your rights in the Service are limited to those set out in these Terms.
F7 Software Inc — provider of Arc Monitor Pro
6934 Oak Ridge Commerce Way, Austell, GA 30168, United States
Phone: 888-389-2491
Email: support [at] arcmonitorpro.com
Contact form: arcmonitorpro.com/contact
Corporate website: www.f7software.com