7.2 Property Types

The Products and Services are authorized for use on residential, rental, multi-family, duplex, and commercial properties. Use on any such property type does not void, modify, or limit any provision of this Agreement.

7.3 Savings Guarantee (Annual Plan Only)

Savings Guarantee. MeltLogic offers a limited “Savings Guarantee” to Annual Plan subscribers, subject to the following terms and conditions:

If, at the conclusion of a full winter heating season (October 1 through April 30), the MeltLogic system does not produce at least Forty-Nine Dollars ($49.00) in estimated energy savings compared to a traditional always-on or temperature-only-activated heating cable system, You may request a refund of Your Annual Plan subscription fee for that season.

Conditions and Limitations. The Savings Guarantee is subject to all of the following conditions:

• The utility rate You entered during property setup must be representative of the actual average electricity rate in Your service area. MeltLogic reserves the right to verify the entered rate against publicly available utility rate data and to deny refund requests where the entered rate is materially inaccurate, understated, or otherwise not representative;

• The system must have been operational and connected to the internet for at least eighty percent (80%) of the heating season;

• You must not have used manual override for more than a de minimis portion of the season;

• Refund requests must be submitted within sixty (60) days after the end of the applicable heating season;

• The refund is limited to the $49 Annual Plan subscription fee and does not extend to hardware purchase prices, shipping, taxes, or any other fees; and

• MeltLogic may, in its sole discretion, also honor refund requests for Customers who experienced an unusually warm winter with minimal snowfall or unusually extreme snowfall events that exceeded system design parameters.

The Savings Guarantee constitutes Your sole and exclusive remedy with respect to the energy savings performance of the Services. For the avoidance of doubt, savings estimates displayed in the App and on the MeltLogic website are modeled projections based on historical weather data and generalized assumptions—they are not financial guarantees or contractual commitments.

7.4 Lifetime Subscription: Commercial Lifetime Definition and Backstop

Definition. The “Lifetime” in “Lifetime Subscription” refers exclusively to the Commercial Lifetime of the Product—that is, the period during which MeltLogic continues to provide active support, firmware updates, cloud connectivity, and Services for the specific hardware generation (Controller model) associated with Your account. “Lifetime” does not mean the human lifespan of the Customer, nor does it create a perpetual or indefinite obligation.

Maximum Term. In no event shall the Lifetime Subscription term exceed ten (10) years from the original date of purchase of the Lifetime Subscription, unless MeltLogic, in its sole discretion, elects to extend coverage for an additional period. Upon expiration of this maximum term, MeltLogic may, at its sole option, (a) offer You a renewal or conversion to an Annual Plan at the then-current rate, (b) continue providing Services on a complimentary basis, or (c) discontinue Services for Your hardware generation upon not less than one hundred eighty (180) days’ prior written notice.

Hardware Sunset. MeltLogic reserves the right to discontinue support, firmware updates, and cloud connectivity for any hardware generation upon reasonable notice (not less than one hundred eighty (180) days). Discontinuation of support for Your hardware generation shall constitute the end of the Commercial Lifetime and the expiration of Your Lifetime Subscription.

Non-Transferable. The Lifetime Subscription is personal to the original purchaser and the original property on which the Products were installed. It is not transferable to a new owner of the property, a new property, or any third party, except with MeltLogic’s prior written consent, which may be conditioned upon payment of a transfer fee.

No Refund. Because the Lifetime Subscription is a one-time payment product, it is non-refundable after thirty (30) days from the date of purchase, except as required by applicable law.

7.5 Billing and Renewal

Annual Plan subscriptions will automatically renew at the end of each one-year subscription period at the then-current rate unless You cancel at least fourteen (14) days prior to the renewal date. You authorize MeltLogic to charge the payment method on file for all subscription fees. MeltLogic reserves the right to change subscription pricing upon thirty (30) days’ notice prior to the next renewal cycle.

7.6 Taxes

All prices are exclusive of applicable sales tax, use tax, VAT, or other governmental charges, which You are responsible for paying.

8. DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MELTLOGIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.1 Specific Exclusions

Without limiting the generality of the foregoing, MeltLogic does not warrant and expressly disclaims any liability for:

• Ice dam prevention or water infiltration prevention;

• Mold, mildew, or moisture damage of any kind;

• Drywall, insulation, ceiling, or interior finish damage;

• Roof collapse, structural failure, or load-bearing damage;

• Fire, electrical shock, electrocution, or property destruction;

• The accuracy, reliability, or timeliness of weather data or savings estimates; and

• The continuous, uninterrupted, error-free, or secure operation of the Services or Products.

8.2 Savings Estimates Are Not Guarantees

Any references to energy savings, cost savings, or carbon reduction—whether displayed in the App, on the MeltLogic website, in marketing materials, or otherwise—are modeled projections based on historical weather data and generalized assumptions. They are not financial guarantees, contractual commitments, or promises of performance. MeltLogic reserves the right to modify its calculation methodology at any time. This Agreement expressly supersedes and overrides any claims made in marketing materials regarding “protection,” “prevention,” or guaranteed savings amounts, to the extent such claims conflict with this Agreement.

8.3 Controller Warranty

MeltLogic warrants the Controller against defects in materials and workmanship for a period of one (1) year from the date of original purchase (“Hardware Warranty Period”). During the Hardware Warranty Period, MeltLogic will, at its sole option, repair or replace a defective Controller at no charge. This warranty does not cover damage resulting from misuse, accident, unauthorized modification, improper installation, power surges, lightning, water ingress (except where the Controller is rated for outdoor use and used within its rated specifications), or normal wear and tear. This warranty is the sole and exclusive warranty provided by MeltLogic for the Controller and is given in lieu of all other warranties.

9. LIMITATION OF LIABILITY

9.1 The Bargain

You acknowledge and agree that the prices charged for the Products and Services are set in reliance upon the limitations of liability and risk allocations contained in this Agreement, and that without such limitations, MeltLogic would not be able to offer the Products and Services at their current prices or at all. These limitations are an essential part of the bargain between You and MeltLogic.

9.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MELTLOGIC’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRODUCTS, OR THE SERVICES—WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE—SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO MELTLOGIC FOR PRODUCTS AND SUBSCRIPTION FEES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED FIFTY DOLLARS ($150.00).

9.3 Exclusion of Consequential and Incidental Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MELTLOGIC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF USE; LOSS OF PROFITS OR REVENUE; HOTEL, LODGING, OR DISPLACEMENT COSTS; INTERIOR REPAIR OR RENOVATION COSTS; MOLD REMEDIATION; LOST RENTAL INCOME; DIMINISHED PROPERTY VALUE; SECONDARY PROPERTY DAMAGE; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY SIMILAR DAMAGES, REGARDLESS OF WHETHER MELTLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.4 Waiver of Subrogation

You agree to cause Your property insurance carrier(s) to waive any right of subrogation against MeltLogic. In the event any insurer or third party brings a subrogation claim, contribution claim, or indemnification claim against MeltLogic arising out of or related to Your use of the Products or Services, recovery shall be limited to the liability cap set forth in Section 9.2. You agree to cooperate with MeltLogic in asserting this limitation.

9.5 Essential Purpose

The limitations set forth in this Section 9 shall apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, MeltLogic’s liability shall be limited to the maximum extent permitted by law.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MeltLogic and its officers, directors, members, managers, employees, agents, successors, and assigns (collectively, the “MeltLogic Parties”) from and against any and all claims, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

• Your installation of the Products or any failure to comply with applicable electrical codes, building codes, or the installation obligations set forth in Section 5;

• Your use of the manual override feature;

• Damage caused by the Cables (including manufacturing defects) or any third-party heating elements connected to the Controller;

• Your breach of any representation, warranty, or obligation under this Agreement;

• Any third-party claim for personal injury, death, or property damage arising from Your use of the Products or Services; and

• Your provision of inaccurate information (including utility rates, property configuration, or location data) to MeltLogic.

This indemnification obligation shall survive the termination or expiration of this Agreement.

11. DISPUTE RESOLUTION

11.1 Mandatory Individual Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Products, or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator and shall take place in the State of Wisconsin, or, at Your election, by telephone, video conference, or written submissions.

11.2 Class Action and Jury Waiver

YOU AND MELTLOGIC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ALSO WAIVE YOUR RIGHT TO A TRIAL BY JURY.

11.3 Venue and Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws principles. To the extent any dispute is not subject to arbitration, You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Wisconsin.

11.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court in Washburn County, Wisconsin, provided the claim falls within the court’s jurisdictional limits.

11.5 Opt-Out Right

You may opt out of the mandatory arbitration and class action waiver provisions of this Section 11 by sending written notice to MeltLogic at the address below within thirty (30) days of Your first acceptance of this Agreement. Your opt-out notice must include Your full name, account email, and a clear statement that You wish to opt out. If You do not timely opt out, You shall be bound by this arbitration provision.

11.6 Attorneys’ Fees

In any action or proceeding to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses from the non-prevailing party, to the extent permitted by applicable law.

12. INTELLECTUAL PROPERTY

12.1 Ownership

All right, title, and interest in and to the Services, the App, the MeltLogic algorithms, firmware, software, trade secrets, trademarks, trade dress, documentation, and all related intellectual property (collectively, “MeltLogic IP”) are and shall remain the sole and exclusive property of MeltLogic and its licensors. This Agreement does not grant You any ownership interest in the MeltLogic IP. Your use of the Services is licensed, not sold.

12.2 License Grant

Subject to Your compliance with this Agreement, MeltLogic grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App and Services solely for Your personal or internal business use in connection with the Products.

12.3 Restrictions

You shall not: (a) reverse engineer, decompile, or disassemble the App, firmware, or any MeltLogic IP; (b) copy, modify, or create derivative works based on the MeltLogic IP; (c) sublicense, lease, rent, loan, or distribute the App or Services to any third party; (d) use the App or Services to develop a competing product; or (e) remove, alter, or obscure any proprietary notices on the Products or in the App.

12.4 Patent Notice

The MeltLogic system and methods may be protected by one or more U.S. and international patents and patents pending, including but not limited to U.S. Patent No. 10,931,092 and related continuations.

13. PRIVACY AND DATA

13.1 Data Collection

In order to provide the Services, MeltLogic collects and processes certain data, including but not limited to: Your property location (zip code), device status and energy usage data, weather data for Your location, and Your account information. MeltLogic’s collection, use, and disclosure of personal information is governed by the MeltLogic Privacy Policy, which is incorporated by reference into this Agreement.

13.2 Aggregated Data

MeltLogic may collect, aggregate, and anonymize data from all users to improve the Services, develop new features, train machine learning models, conduct research, and for other lawful business purposes. Such aggregated, de-identified data does not constitute personal information and may be used and disclosed without restriction.

13.3 Third-Party Data Sharing

MeltLogic may share data with third-party service providers (such as cloud hosting providers, weather API providers, and IoT platform providers) as necessary to deliver the Services. MeltLogic will not sell Your personal information to third parties for their own marketing purposes without Your explicit consent.

14. TERMINATION

14.1 Termination by You

You may terminate this Agreement at any time by discontinuing use of the Services and deleting Your account. Termination does not entitle You to a refund of any prepaid subscription fees except as expressly provided herein.

14.2 Termination by MeltLogic

MeltLogic may suspend or terminate Your account and access to the Services, in whole or in part, at any time and for any reason, including but not limited to: breach of this Agreement; misuse of the Products or Services; non-payment; abusive, fraudulent, or unlawful conduct; or for any reason in MeltLogic’s sole discretion upon thirty (30) days’ notice (except in cases of breach, fraud, or safety concerns, where termination may be immediate).

14.3 Effect of Termination

Upon termination: (a) Your license to use the App and Services shall immediately cease; (b) MeltLogic may delete Your account data after a reasonable retention period; and (c) all provisions of this Agreement that by their nature should survive termination shall survive, including Sections 1 (Critical Notice), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Dispute Resolution), 12 (Intellectual Property), and 15 (General Provisions).

15. GENERAL PROVISIONS

15.1 Entire Agreement

This Agreement, together with the Privacy Policy and any additional terms incorporated by reference, constitutes the entire agreement between You and MeltLogic with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, proposals, representations, understandings, and agreements, whether oral or written. To the extent any marketing materials, website copy, sales representations, or other communications conflict with the terms of this Agreement, this Agreement shall control.

15.2 Amendment

MeltLogic reserves the right to modify this Agreement at any time. Material changes will be communicated to You via the email address associated with Your account or through a prominent notice in the App at least thirty (30) days prior to the effective date of such changes. Your continued use of the Services after the effective date of any modification constitutes Your acceptance of the modified Agreement. If You do not agree to the modified terms, You must discontinue use of the Services.

15.3 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.

15.4 Waiver

No failure or delay by MeltLogic in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof.

15.5 Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of MeltLogic. MeltLogic may freely assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

15.6 Force Majeure

MeltLogic shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders, war, terrorism, power outages, internet disruptions, third-party service failures, or labor disputes.

15.7 Notices

All notices required or permitted under this Agreement shall be in writing and delivered to:

MeltLogic LLC

N5211 2nd St.

Spooner, WI 54801

Email: support@meltlogic.io

Notices to You will be sent to the email address associated with Your account.

15.8 Relationship of Parties

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between You and MeltLogic. Neither party has the authority to bind or obligate the other.

15.9 Third-Party Beneficiaries

This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement, except for the MeltLogic Parties identified in Section 10 (Indemnification).

15.10 Headings

The section headings in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement.

15.11 Consumer Disclosures

Certain jurisdictions may provide You with rights that cannot be waived or limited by contract, including statutory warranty rights, rights under consumer protection laws, or data privacy rights. Nothing in this Agreement is intended to limit any such non-waivable rights. To the extent any provision of this Agreement conflicts with any non-waivable statutory right, that provision shall be limited to the minimum extent necessary to comply with applicable law.

ACKNOWLEDGMENT AND ACCEPTANCE

BY CLICKING “I AGREE,” CREATING AN ACCOUNT, PURCHASING ANY MELTLOGIC PRODUCT, OR USING THE MELTLOGIC APP OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION, CLASS ACTION WAIVER, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY.

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