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Terms of Service

Effective Date: October 8, 2025 | Last Updated: October 8, 2025

Important Notice: This is an internal business application for authorized personnel only. By accessing this system, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

1. Agreement to Terms

These Terms of Service (“Terms,” “Agreement”) are between you (“User,” “you,” or “your”) and Pyrometer Equipment Company, Inc. (“PECO,” “we,” “us,” or “our”) and govern your access to and use of the PECO Scheduling System (the “System,” “Service,” or “Platform”).

By accessing or using the System, you represent that you have the legal capacity to enter into this binding agreement. If you do not agree to these Terms, you must immediately discontinue use of the System.

2. System Purpose and Scope

The PECO Scheduling System is designed exclusively for internal business operations.

The System provides scheduling, tracking, and management capabilities for pyrometer calibration services, Temperature Uniformity Surveys (TUS), and System Accuracy Tests (SAT). It facilitates job assignment, technician coordination, customer communication, and operational workflow management.

3. Access and Authorization

3.1 Authorized Users

Access to the System is restricted to authorized employees, contractors, and approved personnel of PECO. Authorization is granted at PECO’s sole discretion and may be modified or revoked at any time without prior notice.

3.2 Account Security

Users are responsible for:

3.3 Prohibited Access

Unauthorized access, use, or attempted access to the System is strictly prohibited and may result in disciplinary action, termination, and/or criminal prosecution under applicable laws.

4. Acceptable Use Policy

4.1 Permitted Use

The System may only be used for:

4.2 Prohibited Activities

Users shall not:

5. Data and Information

5.1 Data Accuracy

Users are responsible for the accuracy, completeness, and timeliness of information entered into the System (job schedules, customer data, assignments, furnace info, and records).

5.2 Confidentiality and Data Protection

All information accessed through the System is confidential and proprietary to PECO. Users agree to maintain confidentiality, use it solely for authorized purposes, comply with privacy laws, and return or destroy confidential information upon termination of access.

5.3 Data Backup and Loss

While PECO implements reasonable backup procedures, Users should not rely on the System as the exclusive repository for critical business information.

5.4 Data Ownership and Retention

All data stored in or generated by the System (including schedules, customer/job data, reports, and logs) is the property of PECO. Access to such data is role-based and may be revoked at any time. PECO retains data in accordance with internal retention policies and applicable law; copies must be returned or destroyed when access ends.

6. Intellectual Property Rights

6.1 Ownership

The System (software, designs, graphics, interfaces, content, and documentation) is the exclusive property of Pyrometer Equipment Company, Inc. and protected by IP laws.

6.2 Limited License

Subject to these Terms, PECO grants a limited, non-exclusive, non-transferable, revocable license to access and use the System solely for authorized business purposes.

6.3 Restrictions

7. System Availability and Support

7.1 Service Availability

PECO endeavors to maintain continuous availability but does not guarantee uninterrupted or error-free operation. Maintenance, updates, or events beyond our control may affect availability.

7.2 Maintenance and Updates

PECO may perform maintenance, implement updates, or modify features at any time; reasonable advance notice will be provided for scheduled maintenance when practicable.

7.3 Technical Support

Technical support is available to authorized users during normal business hours via the contact information below.

8. Disclaimer of Warranties

THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PECO SHALL NOT BE LIABLE FOR indirect, incidental, consequential, special, punitive, or exemplary damages; loss of profits, revenue, data, business opportunities, or goodwill; business interruption; errors or omissions in data; or unauthorized access or alteration.

Aggregate Cap. In no event will PECO’s total liability for all claims relating to the System exceed the greater of (a) $1,000 or (b) the fees paid to PECO for the System in the twelve (12) months immediately preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless PECO, its affiliates, officers, directors, employees, agents, and contractors from claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the System, violation of these Terms or law, infringement, or content/data you submit.

11. Account Termination and Suspension

11.1 PECO’s Right to Terminate

PECO may suspend or terminate access immediately, with or without notice, for violations of these Terms, suspicious/illegal activity, end of employment/contract, extended inactivity, law-enforcement requests, or System discontinuation/modification.

11.2 Effect of Termination

Upon termination, access ceases immediately. You must return or destroy confidential information. Provisions that by their nature survive (confidentiality, IP, disclaimers, limitations of liability, indemnities) will continue.

12. Modifications to Terms

PECO may modify these Terms at any time. Material changes will be communicated via the System or email. Continued use after notice constitutes acceptance; discontinue use if you do not agree.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-laws rules.

13.2 Dispute Resolution; Arbitration

Disputes that cannot be resolved through good-faith negotiations shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat and venue of arbitration will be in New Jersey. The arbitrator may award any relief available in court.

13.3 Injunctive Relief Carve-Out

Notwithstanding Section 13.2, either party may seek temporary or permanent injunctive or other equitable relief in state or federal courts located in New Jersey to protect intellectual property or confidential information.

13.4 Class Action Waiver

To the extent permitted by law, proceedings must be conducted on an individual basis and not as a class, consolidated, or representative action.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and PECO regarding the System and supersede all prior understandings.

14.2 Severability

If any provision is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

No waiver of any provision is effective unless in writing and signed by PECO. Failure to enforce is not a waiver.

14.4 Assignment

You may not assign these Terms without PECO’s prior written consent; PECO may assign without restriction.

14.5 Force Majeure

PECO is not liable for delays or failures caused by events beyond its reasonable control, including acts of God, war, terrorism, labor disputes, governmental actions, or third-party service failures.

15. Contact Information

For questions, concerns, or notices regarding these Terms of Service, contact:

Pyrometer Equipment Company, Inc. (PECO)
Email: [email protected]
System Support: [email protected]

Acknowledgment: By using the PECO Scheduling System, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.