Raterflow Terms of Use

These Terms of Use ("Terms") are a legal agreement between The Energy Network Worldwide LLC, doing business as Raterflow ("Raterflow," "we," "us," or "our"), and the person or organization using the Raterflow mobile application, web application, websites, and related services that link to these Terms (collectively, the "Services").

By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes both you and that organization. If you do not agree, do not use the Services.

Raterflow provides the Services to customer organizations under separately executed agreements (each, a "Customer Agreement"). If a Customer Agreement applies to your organization, that Customer Agreement controls to the extent it conflicts with these Terms. These Terms continue to apply to matters that the Customer Agreement does not address.

1. Eligibility and accounts

You must be at least 18 years old and legally able to enter into these Terms. The Services are intended for authorized business users.

You must provide accurate account information, protect your credentials and devices, and promptly notify Raterflow of suspected unauthorized access. You are responsible for activity under your account except to the extent caused by Raterflow's breach of these Terms or applicable law.

An organization administrator may invite users, assign roles and permissions, control access to organization data, and remove users. Your organization is responsible for its administrators, users, configuration, and instructions to Raterflow.

Raterflow is offered to business customers through separately executed Customer Agreements. The mobile application is limited to sign-in for existing, pre-provisioned accounts and does not allow registration, organization creation, user invitations, or access to an account-creation flow. After a Customer Agreement is in place, Raterflow provisions the initial organization and user; authorized organization administrators may invite additional users through the web application.

2. The Services and professional judgment

Raterflow provides tools for property-inspection, field-service, workflow, recordkeeping, and report-generation activities. The Services help users collect and organize information; they do not perform inspections, certify properties, guarantee code or regulatory compliance, or replace qualified professional judgment.

You and your organization are responsible for the accuracy, completeness, review, use, and distribution of inspection records, reports, calculations, and other outputs. You must independently evaluate whether the Services and their outputs are appropriate for a particular purpose.

The Services are not designed for emergency response, life-safety monitoring, or use where a delay, error, or outage could reasonably cause death, personal injury, or severe physical or environmental harm.

3. License and ownership

Subject to these Terms and the applicable Customer Agreement, Raterflow grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for your organization's internal business purposes.

Raterflow and its licensors retain all rights in the Services, including software, interfaces, designs, documentation, trademarks, and improvements. No rights are granted except as expressly stated in these Terms.

4. Acceptable use

You may not, and may not help another person to:

• Use the Services unlawfully, fraudulently, deceptively, or in violation of another person's rights.
• Submit content you do not have authority to collect, use, or disclose.
• Attempt to gain unauthorized access to the Services, another account, or related systems or data.
• Interfere with, disrupt, probe, scan, or test the vulnerability of the Services except under a written Raterflow security-testing authorization.
• Introduce malware or use the Services to transmit harmful code.
• Reverse engineer, decompile, disassemble, copy, modify, or create derivative works from the Services except where applicable law prohibits this restriction.
• Rent, sell, sublicense, distribute, or make the Services available to an unauthorized third party.
• Use automated means to scrape or extract data from the Services except through functionality or interfaces Raterflow expressly provides for that purpose.
• Remove proprietary notices or use Raterflow's name or marks without permission.

5. Customer data and submitted content

As between you and Raterflow, you or your organization retain ownership of information, photos, files, comments, inspection records, reports, and other content submitted to the Services ("Customer Data").

You grant Raterflow and its service providers a limited, non-exclusive license to host, copy, process, transmit, display, and otherwise use Customer Data only as needed to provide, secure, support, maintain, and improve the Services; comply with law; and follow your authorized instructions. This license lasts only as long as reasonably necessary for those purposes, subject to applicable retention requirements.

You represent that you and your organization have all rights, permissions, notices, and legal bases needed to provide Customer Data and instruct Raterflow to process it. You are responsible for configuring access and deciding what Customer Data users may enter, view, export, and distribute.

Raterflow may use information that has been aggregated or de-identified so that it does not reasonably identify you, another person, or your organization, subject to applicable law and contractual restrictions.

6. Privacy

Our Privacy Notice explains how Raterflow collects, uses, discloses, and retains personal information. If your organization controls Customer Data, it is responsible for providing required privacy notices and responding to applicable individual-rights requests, and Raterflow may assist as required by law or contract.

7. Third-party services

The Services may interoperate with third-party products, websites, applications, maps, app stores, hosting platforms, or other services. Third-party services are governed by their own terms and privacy practices. Raterflow is not responsible for third-party services, but this does not limit responsibility that cannot lawfully be excluded.

8. Changes, availability, maintenance, and support

We may update the Services to add, remove, or modify features; address security, legal, or technical requirements; or maintain compatibility. We may suspend access when reasonably necessary to prevent harm, respond to security incidents, maintain the Services, or comply with law.

We do not promise that the Services will always be available, uninterrupted, or error-free. Any service levels or support commitments apply only if stated in a separate written agreement.

For support, visit Raterflow Support.

9. Fees and payment

Raterflow is offered to organizations through separately negotiated written Customer Agreements. All fees, billing, renewals, taxes, price changes, cancellations, refunds, and related commercial terms are governed exclusively by the applicable Customer Agreement and are handled directly between Raterflow and the customer organization.

The mobile and web applications do not sell access to the Services, offer in-app purchases, or offer App Store subscriptions.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." RATERFLOW DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

RATERFLOW DOES NOT WARRANT THAT THE SERVICES OR THEIR OUTPUTS WILL BE ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT THEY WILL MEET EVERY LEGAL, REGULATORY, CONTRACTUAL, OR PROFESSIONAL REQUIREMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY.

Any express warranty or service commitment in an applicable Customer Agreement applies only as stated in that Customer Agreement and controls to the extent it conflicts with this section.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RATERFLOW AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RATERFLOW'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE TO RATERFLOW BY THE APPLICABLE CUSTOMER ORGANIZATION DURING THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO THE CLAIM. IF NO CUSTOMER AGREEMENT OR PAYMENT APPLIES TO THE CLAIM, RATERFLOW'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED $100.

These limitations apply regardless of the form or theory of liability and even if a remedy fails of its essential purpose. A different allocation of liability in an applicable Customer Agreement controls to the extent it conflicts with this section. These limitations do not apply to liability that cannot be limited or excluded under applicable law.

12. Indemnification

Any indemnification obligations between Raterflow and a customer organization are governed exclusively by the applicable Customer Agreement. These Terms do not create separate indemnification obligations for individual authorized users.

13. Suspension, termination, and account deletion

You may stop using the Services at any time. To request deletion of your individual user account, visit Raterflow Support. If you submit the request by email, use the address associated with your account. Individual user-account deletion is not currently available as a self-service action in the mobile or web application. Your organization's administrator may remove your access, but removing access is not the same as deleting your individual user account.

Raterflow may suspend or terminate access if you materially breach these Terms; create a security, legal, or operational risk; fail to pay applicable fees after required notice; or if Raterflow is required to do so by law. When practical, we will provide notice and an opportunity to cure.

Deleting an individual user account does not terminate the Customer Agreement, close the organization, or automatically delete organization-controlled records. An authorized representative of the customer organization may request organization termination or closure by contacting Support. The applicable Customer Agreement governs termination and any related data export, retention, and deletion obligations.

Support may verify an individual or organization request using information already associated with the account or customer relationship. After applicable termination, the relevant license and access rights end. Provisions that by their nature should survive will remain in effect, including ownership, disclaimers, liability limitations, dispute terms, and obligations concerning Customer Data. The Privacy Notice describes deletion and retention. Organization-controlled records may remain available to the organization or be retained when required by law or contract.

14. Apple App Store terms

If you download the mobile application through Apple's App Store, your license to the application is also subject to Apple's Standard Licensed Application End User License Agreement and applicable App Store terms. These Terms govern your access to and use of the Raterflow Services.

15. Governing law and disputes

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. Any dispute arising from or relating to these Terms that is not governed by a Customer Agreement must be brought exclusively in a state or federal court located in Hennepin County, Minnesota, and you and Raterflow consent to the personal jurisdiction of those courts. The governing-law and dispute provisions of an applicable Customer Agreement control any dispute governed by that Customer Agreement. Nothing in this section prevents either party from seeking temporary or emergency injunctive relief or limits any right that cannot be waived under applicable law.

16. Changes to these Terms

We may update these Terms when the Services, our business, or legal requirements change. The updated Terms will show a revised date. When required, we will provide additional notice or request renewed acceptance. Changes will not apply retroactively where prohibited by law.

17. General terms

These Terms and the Privacy Notice are the entire agreement between you and Raterflow regarding your individual use of the Services, except for any applicable Customer Agreement and the App Store terms described above. These Terms do not replace or amend a Customer Agreement. You may not assign these Terms without Raterflow's written consent; Raterflow may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets, subject to applicable law. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the remaining provisions remain effective. Section headings are for convenience only.

18. Contact

Questions about these Terms may be sent to:

Raterflow Support

its@tenww.com

The Energy Network Worldwide LLC, 18140 56th Ct N, Plymouth, MN 55446, United States