These Terms of Service (the “Terms”) form an agreement between KocerRoxy LLC, a limited liability company organized under the laws of New Mexico, United States (“KocerRoxy LLC,” “we,” “us”), and the business entity that registers for or uses KocerRoxy (“Customer,” “you”). By creating an account, joining the waitlist, or using KocerRoxy, you accept these Terms. If you do not accept them, do not use the service.

1. The service

KocerRoxy is a business-to-business software-as-a-service application that helps commercial mechanical service contractors plan and dispatch field work. It ingests work orders, site and asset records, technician qualifications, inventory and service contract terms, and produces proposed schedules for review and approval by your personnel.

KocerRoxy is a planning and coordination tool. It is not a system of record for accounting, payroll, tax, or regulatory filings, and it does not perform engineering analysis or certify compliance with any building, mechanical, refrigerant, or safety code.

2. Early access and pre-release features

Parts of the service may be offered as early access, pilot, beta or founding-cohort functionality. Those parts may change, behave inconsistently, or be withdrawn. They are provided without any service level commitment. We will tell you in writing when a feature is early access.

3. Eligibility and accounts

The service is offered for commercial use by businesses only. It is not intended for consumers, for personal or household purposes, or for anyone under 18 years of age.
The person accepting these Terms represents that they are authorized to bind the Customer entity.
You are responsible for the accuracy of your account information, for the security of your credentials, and for all activity that happens under your account.
Tell us promptly at support@kocerroxyllc.com if you believe an account has been compromised.

4. Customer data

“Customer Data” means the operational business records you or your users submit to the service. You own your Customer Data. You grant us a limited, non-exclusive, revocable license to host, process, transmit and display Customer Data only as needed to operate, secure and support the service for you, and to meet our legal obligations.

We do not sell Customer Data. We do not use one customer’s Customer Data to build features, models or outputs for another customer without that customer’s written permission. Aggregate, de-identified statistics that cannot reasonably be linked back to you or your clients may be used to improve the service.

You represent that you have the rights and permissions needed to submit your Customer Data to the service, including any consents required from your own clients.

4.1 Data you must not submit

The service is not designed or authorized to receive the following, and you agree not to submit them:

payment card numbers, bank account numbers or other financial account credentials;
Social Security numbers, passport or driver’s license numbers, or other government identifiers;
protected health information or any medical records;
biometric identifiers, including facial recognition or fingerprint data;
information about children, or data knowingly collected from anyone under 18;
classified, export-controlled or otherwise legally restricted material.

If you submit such data anyway, you do so at your own risk, and we may delete it.

5. Acceptable use

You agree not to:

use the service in violation of any applicable law, regulation or third-party right;
attempt to access accounts, data or systems you are not authorized to access;
probe, scan, overload, disrupt or reverse engineer the service, except where that right cannot be waived by law;
resell, sublicense, or provide the service to a third party as a bureau or managed service without our written agreement;
use the service to send unsolicited bulk messages;
use the service to make employment decisions about an individual without human review, or in any way that unlawfully discriminates against a worker.

6. Automated recommendations and human review

The service produces schedule suggestions using automated methods, including statistical and machine learning models. Those suggestions are advisory. They require review and approval by a qualified person at your company before any technician is dispatched or any commitment is made to a client.

You remain solely responsible for your dispatch decisions, for the qualifications and licensing of your technicians, for compliance with wage, hour, safety and refrigerant handling rules, and for the promises you make to your own clients. We do not guarantee that any suggestion is optimal, complete or suitable for a particular job.

7. Fees, billing and taxes

Subscription fees, the billing cycle, and any usage limits are set out in the plan or order form you accept. All amounts are in United States dollars.
Unless stated otherwise, subscriptions renew automatically for successive periods of the same length until cancelled. You may cancel renewal at any time from your account or by writing to billing@kocerroxyllc.com.
You authorize us and our payment processor to charge your selected payment method for amounts due. We do not store full payment card numbers.
Fees exclude taxes. You are responsible for sales, use, VAT, GST and similar taxes, other than taxes on our net income.
If a payment fails, we may retry it and may suspend access until the balance is settled. We will give you notice before suspending an account for non-payment.
Refunds and cancellations are governed by our Refund Policy, which is part of these Terms.

8. Third-party services

You may connect the service to third-party systems, such as your field service management platform. Those systems are controlled by their providers, not by us. Enabling an integration authorizes us to exchange the data the integration requires. We are not responsible for third-party services, their availability, or how they handle data once it leaves our systems.

9. Confidentiality

Each party may receive non-public information from the other. The receiving party will use that information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and contractors who need it and are bound by similar duties. This does not apply to information that is public, independently developed, or lawfully received from someone else. Disclosure compelled by law is permitted with notice where legally allowed.

10. Intellectual property

We and our licensors own the service, including its software, models, interfaces, documentation and trademarks. These Terms grant you a limited, non-exclusive, non-transferable right to use the service during your subscription. No other rights are granted, expressly or by implication.

11. Feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it to improve our products, without obligation to you. Feedback is not your confidential information unless you mark it as such in writing.

12. Disclaimer of warranties

Except as expressly stated in these Terms, the service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all other warranties, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy. We do not warrant that the service will be uninterrupted or error-free, or that any schedule, estimate or recommendation will produce a particular business result.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, or loss of data, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms will not exceed the greater of (a) the total fees you paid us for the service in the twelve months immediately before the event giving rise to the claim, or (b) one hundred United States dollars (US $100). These limits do not apply to your obligation to pay fees due, or to liability that cannot be limited under applicable law.

14. Indemnification

You will defend and indemnify us against third-party claims, damages and reasonable expenses arising from (a) your Customer Data, (b) your use of the service in breach of these Terms or applicable law, or (c) a dispute between you and one of your own clients or employees. We will defend and indemnify you against third-party claims that the service, as provided by us and used as permitted, infringes a United States intellectual property right. The party seeking indemnity must give prompt notice and reasonable cooperation, and the indemnifying party controls the defense and any settlement that fully releases the other party.

15. Term, suspension and termination

These Terms apply for as long as you have an account or use the service.
You may terminate at any time by cancelling your subscription and closing your account.
We may suspend access without prior notice if there is a security risk, a legal requirement, or use that threatens the service or other customers. We will restore access once the cause is resolved.
Either party may terminate for material breach that stays uncured for 15 days after written notice.
After termination you may request an export of your Customer Data for 30 days. After that window we delete it in the ordinary course, subject to backups and legal retention needs.

16. Changes

We may modify the service, and we may update these Terms. If a change materially reduces your rights, we will give at least 30 days’ notice by email or in the application before it takes effect. Continuing to use the service after a change takes effect means you accept the updated Terms. The “last updated” date above always reflects the current version.

17. Export controls and sanctions

You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive United States sanctions, and that you are not a party identified on any United States restricted-party list. You will not use or export the service in violation of United States export control or sanctions laws.

18. Force majeure

Neither party is liable for a delay or failure caused by events beyond its reasonable control, including natural disaster, war, civil unrest, labor action, utility or carrier failure, or the failure of an upstream cloud provider. Payment obligations are not excused.

19. Governing law and venue

These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict of law rules. The state and federal courts located in Bernalillo County, New Mexico, have exclusive jurisdiction over any dispute arising from these Terms, and both parties consent to that jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing a claim, the parties agree to attempt in good faith to resolve the dispute by writing to legal@kocerroxyllc.com and allowing 30 days for a response.

20. General

These Terms, together with the Refund Policy, the Privacy Policy and any order form, are the entire agreement between the parties on this subject. If a provision is found unenforceable, the rest stays in force. A failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a merger or sale of assets. Nothing here creates a partnership, agency or employment relationship. There are no third-party beneficiaries.

21. Contact

KocerRoxy LLC
Albuquerque, New Mexico, USA
Legal: legal@kocerroxyllc.com
Support: support@kocerroxyllc.com