Terms of Service

Who we are

IMPORTANT: THESE TERMS SAY THAT DISPUTES ARE DECIDED BY INDIVIDUAL ARBITRATION, NOT IN COURT. YOU GIVE UP YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO TAKE PART IN A CLASS ACTION. YOU CAN OPT OUT WITHIN 30 DAYS. SEE “DISPUTES” BELOW.

Heatpass is a Wrinkledot LLC product. Wrinkledot LLC, a Pennsylvania limited liability company (“we”), is the seller of every plan. By creating an account or using Heatpass you agree to these terms and to our Privacy Policy. These terms sit alongside Wrinkledot's company terms at wrinkledot.com/terms; where the two differ, these terms apply to Heatpass.

The service

Heatpass lists the restaurants in the US cities it covers and shows which point-of-sale, online ordering, delivery and reservation tools each one's public website uses, with business details from public sources, area context from the Census, and tools to plan and track your sales work.

What a restaurant uses is our inference from its public website. A site can be out of date, a scan can miss a tool or read it wrong, and a restaurant can switch after we last looked. Each detection shows when we last checked.

Business use only

Heatpass is for business use. By signing up you confirm you're 18 or older, you're buying for your business, not for personal, family or household use, and you can bind that business to these terms. We offer Heatpass to customers in the United States. You may not use it if you're on a US government list of restricted or sanctioned parties, or in a country under a US embargo.

Your account and team

• An account is your team or company. The owner manages the plan, billing and invites.
• Each seat is for one named person. Don't share logins; invite each teammate to their own seat.
• You sign in with a code we email you. Keep your email account safe: anyone who can read it can sign in. You're responsible for what happens in your account.
• Give us an email address you control. We send notices there.

Plans and the trial

• Yearly billing is two months free: City $490, Region $1,290, National $2,990 a year. Enterprise is sold yearly only.
• The trial: 7 days in one city, no card. You see counts for every system, a rounded map, and which systems your top 100 leads use. Phone, address and website open one place at a time: 20 a day and 100 in the trial (25 if you sign up with a personal email address such as Gmail). One trial per company email domain each week. Details you opened during the trial are hidden again when it ends, until you pick a plan.
• Paid seats can open the contact details of up to 300 places a day (City), 500 (Region), 1,000 (National) or 2,000 (Enterprise). Each seat can be signed in on 2 devices at a time; signing in on a third signs out the oldest.
• Add-ons: extra city, state pack, extra seat, and 1,000-row packs. Prices are on the pricing page and at checkout.
• The trial picks one city and keeps it. When the trial ends, the account stays, but cities and exports are off until you choose a plan.
• The pricing page and checkout show each plan's limits, such as cities, seats, saved segments and export formats. Those limits are part of your plan.
• If we both sign a separate written agreement, it prevails where it differs from these terms.

Exports

• An export row is one restaurant. Each restaurant counts once per billing cycle, however often you export it.
• Rows don't roll over. A row pack adds 1,000 rows until the end of the current cycle.
• On annual plans the quota still resets each month.
• One file holds one city and at most 2,500 rows.
• Trial exports mask phone, website, address and contact fields.
• Every file is marked as yours and may contain trace records, so we can tell where a copy came from.

Billing and renewal

• Stripe handles payments. Paid plans are billed in advance, monthly or yearly, starting the day you subscribe.
• Your plan renews automatically at the start of each billing period, at your current price, until you cancel.
• Prices don't include tax. We add sales tax where we're required to and show it at checkout before you pay.
• Each period is paid in full at the start. We take cards only.
• When you subscribe we email a confirmation of the plan, the price, how often you're billed, that it renews until you cancel, and how and by when to cancel. Stripe emails a receipt for each payment.
• Reminders: for yearly plans, 25 to 30 days before each renewal; for monthly plans, once a year, 25 to 40 days before the renewal that starts each new year.
• Price changes: we email you 10 to 30 days before a new price applies to you, with how to cancel. If the law where you are requires your agreement to a price increase, we ask first; if you don't agree, your plan ends at the end of the period you've paid for.
• Upgrades apply at once, and we show any amount due before you confirm. Downgrades apply at your next renewal, with no refund or credit for the difference.
• If a payment fails we may retry it and pause access until it succeeds. If it still fails after our retries, we may cancel the plan; we'll email you first.
• We don't sell a new plan while a payment dispute on your account is open or lost.

Cancelling and refunds

• Cancel any time on your Account page, in one step. You can also email support@heatpass.app from your account's email address; an emailed cancellation counts from when we receive it. We confirm every cancellation by email.
• To avoid the next charge, cancel before your renewal date.
• Cancelling stops future charges. You keep your plan until the end of the period you've paid for, then the account stays open without cities or exports.
• We don't refund or prorate the rest of a period, including the unused part of a yearly plan, or unused export rows or row packs. We refund only:
  • a confirmed billing error, such as a duplicate charge: in full;
  • if we close your account without cause, or stop offering a paid service, before the end of a period you've paid for: the unused part, worked out by days.
• Heatpass also refunds your first payment in full if you ask within 7 days and haven't exported anything.
• Refunds include the sales tax charged on them and go back to the card you paid with. To ask about a charge, email support@heatpass.app. The same rules are in Wrinkledot's Refund and Cancellation Policy.

Your license to the data

Heatpass data is licensed to you, not sold. While your plan is active, your account's users may use it, including exports, for your own internal sales work. You may not:

• resell, rent, publish or share it outside your business;
• use it to build, train or improve a database, product or service that competes with or replaces Heatpass;
• copy it in bulk, scrape the app, use bots or scripts to pull data, or get around export limits, masking, rate limits or security;
• remove the export marks, the trace records or the source credits;
• share your login or let people outside your account use it.

Some of our sources ask for attribution. Our credits and notices, including the Foursquare notice, are at heatpass.app/credits. Every export links to that page. If you pass exported data on inside your business, keep that link or notice with it.

We may suspend or close an account, without refund, if it copies, shares or resells the data, and we may use the trace records to find out where a copy came from.

When your plan ends, stop using exported data and delete stored copies within 30 days, unless the law requires you to keep them. Records you have already worked in your own CRM, such as a lead you called, may stay there.

Accuracy

• Our data comes from open sources (Overture Maps, OpenStreetMap, the U.S. Census Bureau, government open data) and from restaurants' own public websites. Sources can be late, incomplete or wrong.
• Detections, scores, suggestions and pitch notes are our estimates, not facts about a restaurant, its contracts or what it will buy. Check before you act.
• Heatpass isn't legal, tax or financial advice.

Vendor names

Heatpass names point-of-sale, ordering, delivery and reservation vendors only to say which tool a restaurant's site shows. We're not affiliated with, endorsed by or sponsored by any of them. Don't say or imply that you work for or with a vendor or a restaurant because of something you saw in Heatpass.

Contacting restaurants

Heatpass gives you business phone numbers and websites from public listings. Heatpass doesn't call, text or email anyone for you. How you contact people is your responsibility, and you must follow the laws that apply, including:

• calls and texts: the TCPA, the Telemarketing Sales Rule, state telemarketing laws and do-not-call lists. Dial manually; don't autodial, prerecord or text mobile numbers without the consent the law requires, and keep records of any consent you rely on;
• email: CAN-SPAM, including an accurate sender and subject, your postal address and honoring opt-outs within 10 business days;
• privacy: laws such as the CCPA/CPRA for any personal details you collect or put in your CRM.

Honor every request not to be contacted. Mark the lead Do not contact in Heatpass and keep your own suppression list. If we tell you a restaurant has asked not to be contacted or to be removed, stop using its record and delete it from your systems within 10 business days.

You may not use Heatpass or its data:

• to harass, mislead or threaten anyone, or to send spam or unlawful messages;
• to decide anyone's eligibility for credit, insurance, employment or housing, or for any other purpose covered by the Fair Credit Reporting Act. We're not a consumer reporting agency;
• together with data collected in breach of another platform's terms.

Acceptable use

You agree not to:

• break, overload, probe or get around the security of Heatpass;
• reverse-engineer the app, or use it to build a competing product;
• upload anything unlawful, or personal details you have no right to hold;
• use Heatpass in a way that breaks the law or these terms.

Your content

Pipeline stages, notes, contacts and other details you add stay yours. Only people on your account can see them. We store and process them only to run Heatpass for you, as our Privacy Policy says, and we act as your service provider for them. You're responsible for having the right to add personal details, such as a contact's name and phone number. If your business needs a data processing agreement, email legal@heatpass.app.

We own Heatpass, its software, design and compiled data. If you send us feedback, we may use it without owing you anything.

If you report that something about a restaurant looks wrong, we may use your report to improve the data for everyone. We don't show it to other customers.

Restaurants in Heatpass

A restaurant that wants its listing corrected or removed can use Report or remove or email privacy@heatpass.app.

Availability and changes to the service

We work to keep Heatpass available and current, but we don't promise it will be uninterrupted or error-free. We may add, change or remove features, cities and sources. If we remove something central to a paid plan, we'll tell you at least 30 days ahead.

Suspension and termination

You can stop using Heatpass and cancel at any time. We may suspend or close an account that breaks these terms, copies the data, puts others at risk, or goes unpaid; where we reasonably can, we'll warn you first and give you a chance to fix it. If we close your account without cause, or stop offering a paid service, before the end of a period you paid for, we refund the unused part, worked out by days.

After your plan ends, your account and your work stay until you delete the account or ask us to. Some records stay after a deletion request because the law requires them: billing and tax records (your plan, what you paid and when), kept as long as tax law requires, usually up to 7 years. Stripe, our payment processor, keeps the payment records and card details; we keep the plan and payment history that goes with them. We never see your card number. The record that you accepted the Terms (your email, the Terms version and when) is kept for as long as we might need to show it, usually up to 7 years, then deleted.

Disclaimers

EXCEPT AS THESE TERMS SAY OTHERWISE, HEATPASS IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, TO THE EXTENT THE LAW ALLOWS.

Limitation of liability

To the extent the law allows, we aren't liable for indirect, incidental, special or consequential damages, such as lost sales, profits or data. Our total liability for any claim is limited to the greater of what you paid us in the 12 months before the claim arose and $100. These limits don't apply to liability that can't be limited by law, including for fraud, gross negligence, recklessness or willful misconduct.

Indemnity

You agree to cover our losses and reasonable legal costs from claims arising out of your use of Heatpass in breach of these terms or the law, including how you contacted people and any claim under the TCPA, the Telemarketing Sales Rule, the CAN-SPAM Act or similar state laws, and any claim that you shared or resold Heatpass data.

Disputes

These terms are governed by the laws of Pennsylvania and, for the arbitration agreement below, the Federal Arbitration Act.

Talk to us first. Before either of us starts a claim, the one with the complaint emails the other (us at legal@heatpass.app) with a short description and what would resolve it, and we both try in good faith to settle it within 60 days.

ARBITRATION. IF WE CAN'T SETTLE A DISPUTE ABOUT THESE TERMS OR HEATPASS, IT WILL BE DECIDED BY INDIVIDUAL, BINDING ARBITRATION, NOT IN COURT. Arbitration means a neutral private person, the arbitrator, decides the dispute instead of a judge or jury, after hearing from both sides. It's usually quicker and less formal than court, with less exchange of documents, and the arbitrator's decision is final, with very limited grounds for appeal. The American Arbitration Association (AAA) runs it under its Commercial Arbitration Rules.

Either of us may instead bring an individual claim in small-claims court if it qualifies there, and either of us may ask a court to stop misuse of Heatpass, its data or our intellectual property.

NO CLASS ACTIONS. CLAIMS MAY BE BROUGHT ONLY ON YOUR OWN OR OUR OWN BEHALF, NOT AS A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, AND AN ARBITRATOR MAY NOT COMBINE DIFFERENT PEOPLE'S CLAIMS. If this waiver can't be enforced for a particular claim, that claim goes to court, not to class arbitration.

Many similar claims. If 25 or more similar arbitration demands are brought by or with the help of the same or coordinated lawyers, each claimant first takes part in an individual, informal settlement conference within 60 days, and the demands are then filed and decided in batches of up to 100, with the rest paused until earlier batches finish. Time limits for those claims are paused while this happens.

Opting out. You can opt out of arbitration by emailing legal@heatpass.app within 30 days after you first accept these terms, with your name, your account's email address and a statement that you opt out. Opting out doesn't affect anything else in these terms. If you opt out, or a dispute isn't subject to arbitration, it will be handled in the state or federal courts serving Erie County, Pennsylvania.

JURY TRIAL WAIVER: IF A DISPUTE GOES TO COURT, YOU AND WE EACH GIVE UP THE RIGHT TO A JURY TRIAL IN ANY DISPUTE ABOUT THESE TERMS OR HEATPASS, TO THE EXTENT THE LAW ALLOWS. This means a judge, not a jury, decides those disputes.

Changes to these terms

We may update these terms. We'll post the new version here with a new effective date and email account owners at least 30 days before a material change takes effect. Using Heatpass after that means the new terms apply. Changes to the jury trial waiver, where disputes are decided or the limits of our liability apply to you only once you accept them, for example by ticking a box; until then the earlier version applies to you. Changes never apply to a dispute that was already pending, or that either of us already knew about, before they took effect. Price changes follow the notice rules under “Billing and renewal”.

Notices

We send notices, confirmations, receipts and reminders by email to your account's email address, and these count as written notice. Keep that address current. Send legal notices to legal@heatpass.app or by mail to the address below.

General

These terms, with our Privacy Policy, the Refund and Cancellation Policy and any separate written agreement we both sign, are the whole agreement about Heatpass. If any part can't be enforced, the rest still applies. Not enforcing a term right away doesn't waive it. You may not transfer your account or these terms without our written consent; we may transfer them to a successor business. Neither of us is responsible for delays caused by events outside reasonable control, such as outages at our hosting or payment providers; this doesn't excuse paying for what you've already received. Terms that by their nature should last after your account ends, including payment owed, the data license limits, disclaimers, limits of liability, indemnity and disputes, continue to apply.

Contact

Wrinkledot LLC, 502 W 7th St, Ste 100, Erie, PA 16502, United States. Questions, billing and refunds: support@heatpass.app. Legal notices: legal@heatpass.app.