RED-FSS — End User License Agreement

Effective July 27, 2026 · Last updated July 27, 2026

This End User License Agreement (“Agreement”) is a binding contract between you (“you,” “Customer”) and Restaurant Equipment Diagnostics LLC, a West Virginia limited liability company (“RED,” “we,” “us”), governing your use of the RED-FSS field service management application, including its mobile applications, web interfaces, APIs and related documentation (collectively, the “Software”).

By downloading, installing, accessing or using the Software, or by clicking to accept this Agreement, you agree to be bound by it. If you do not agree, do not install or use the Software.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

1. Definitions

“Authorized User” means an individual you permit to use the Software under your subscription, such as an employee, technician or subcontractor.

“Customer Data” means all data, content and records you or your Authorized Users submit to or generate in the Software, including work orders, service history, equipment records, photographs, signatures, notes and information about your own customers and job sites.

“End Customer” means an individual or business to whom you provide services and whose information appears in Customer Data.

2. License grant

Subject to your compliance with this Agreement and payment of applicable fees, RED grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the subscription term to install and use the Software on devices you own or control, solely for your internal business operations.

The Software is licensed, not sold. RED and its licensors retain all right, title and interest in and to the Software.

3. Restrictions

You will not, and will not permit any third party to:

copy, modify, translate or create derivative works of the Software;
reverse engineer, decompile or disassemble the Software, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
rent, lease, lend, sell, sublicense, distribute, or provide the Software as a service bureau to any third party;
remove, obscure or alter any proprietary notice;
use the Software to build a competing product, or for competitive benchmarking without our prior written consent;
circumvent or disable any security, licensing or usage-limiting feature;
use automated means to access the Software except through APIs we make available;
upload malicious code, or interfere with the integrity or performance of the Software;
exceed the number of Authorized Users, devices or other limits in your subscription plan; or
use the Software in violation of applicable law.

4. Accounts and Authorized Users

You must provide accurate registration information and keep it current. You are responsible for maintaining the confidentiality of account credentials and for all activity occurring under your account, whether or not authorized by you. Notify us promptly at Service.redwv@yahoo.com of any suspected unauthorized access.

You are responsible for your Authorized Users' compliance with this Agreement, and their acts and omissions are treated as your own. Credentials may not be shared between individuals.

5. Subscriptions, fees and renewal

Access to the Software requires a paid subscription except where we offer a free trial or free tier. Fees, billing frequency and included limits are as presented at the point of purchase.

Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current rate unless cancelled before the renewal date.
App store purchases. If you subscribe through the Apple App Store or Google Play, billing, renewal and cancellation are handled by that store under its terms, and you manage or cancel your subscription in your store account settings — not through us.
Direct purchases. If you subscribe directly from RED, payment is processed by a third-party payment processor on our behalf. Invoices are due on the terms stated. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.
Taxes. Fees are exclusive of sales, use and similar taxes, which are your responsibility except for taxes on our net income.
Price changes. We may change fees on at least 30 days' notice before the start of a renewal term.
Refunds. Except where required by law or expressly stated, fees are non-refundable and there are no refunds for partial periods. App store purchases are subject to that store's refund policy.
Suspension. We may suspend access for non-payment after notice and a reasonable cure period.

6. Customer Data and ownership

You own your Customer Data. RED claims no ownership of it.

You grant RED a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display and back up Customer Data solely as necessary to provide, secure, support and improve the Software, and as permitted by our Privacy Policy.

Roles. Where privacy law distinguishes between a controller and a processor (or between a business and a service provider), you are the controller of Customer Data relating to your End Customers, and RED acts as a processor acting on your documented instructions. You are responsible for having a lawful basis to collect that data and for providing any required notices to your End Customers.

Aggregated data. RED may generate de-identified and aggregated statistics from use of the Software, provided such data does not identify you, your Authorized Users or your End Customers, and may use it to operate and improve our products.

Export and deletion. During the subscription term you may export Customer Data using the features we provide. Following termination, see Section 12.

Backups. We maintain reasonable backups but you remain responsible for retaining your own copies of records you are required to keep.

7. Your responsibilities and acceptable use

You are solely responsible for the accuracy, quality, legality and appropriateness of Customer Data and for how you use the Software in your business. In particular:

Location data. If you enable location tracking of technicians, you are responsible for obtaining any legally required consent and for complying with employment and privacy laws in the jurisdictions where your workers operate.
Photographs and recordings. You are responsible for having permission to photograph job sites and property.
Signatures. You are responsible for determining whether electronic signatures captured in the Software satisfy your legal and contractual requirements.
Payment information. You will not enter full payment card numbers into free-text fields. Card transactions must be processed only through the designated payment integration.
Sensitive data. You will not use the Software to store government identifiers, health records, or other special-category data except as expressly supported.
Safety. The Software is a business record-keeping tool. It is not a safety system and must not be relied on for emergency dispatch, life-safety monitoring, or regulatory compliance determinations.

8. Third-party services

The Software may integrate with or rely on third-party services, including app stores, payment processors, mapping and location providers, cloud hosting and messaging providers. The Software also offers an optional integration with Intuit QuickBooks Online. If you connect your QuickBooks company, you authorize RED to access and write data in that company on your behalf — including customers, items, invoices and payment status — for the purpose of creating and syncing invoices from work orders. You may disconnect the integration at any time from the Software’s settings, or from within QuickBooks, which stops all further access. Your use of those services is governed by their own terms and privacy policies. RED is not responsible for third-party services and does not warrant them.

9. Intellectual property

The Software, including all software, interfaces, designs, text, graphics, trademarks and the RED-FSS and RED names and logos, is owned by RED or its licensors and is protected by intellectual property laws. Except for the limited license in Section 2, no rights are granted to you.

10. Feedback

If you provide suggestions, ideas or feedback about the Software, you grant RED a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it without obligation or compensation to you.

11. Confidentiality

Each party may receive non-public information of the other. Each party will protect the other's confidential information with at least reasonable care, use it only to perform under this Agreement, and not disclose it except to personnel and advisors bound by similar obligations, or as required by law with reasonable prior notice where permitted.

12. Term and termination

This Agreement begins when you first accept it and continues until your subscription ends or the Agreement is terminated.

By you. You may terminate by cancelling your subscription and ceasing use. If you purchased through an app store, cancel through that store.
By RED. We may suspend or terminate for material breach that remains uncured 15 days after notice, immediately for unlawful use or use that threatens the security or integrity of the Software, or on 30 days' notice if we discontinue the Software.
Effect. On termination your license ends and you must stop using the Software. We will make Customer Data available for export for 30 days after termination, after which we may delete it in accordance with our retention practices.
Survival. Sections 6, 9, 10, 11 and 13 through 19 survive termination.

13. Disclaimer of warranties

The software is provided “as is” and “as available” without warranty of any kind. To the maximum extent permitted by law, RED disclaims all warranties, express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or usage of trade.

RED does not warrant that the software will be uninterrupted, error-free, secure, or that it will meet your requirements, or that defects will be corrected. You are responsible for determining whether the software is suitable for your business and for maintaining your own records.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

14. Limitation of liability

To the maximum extent permitted by law, RED will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, loss of goodwill, or loss or corruption of data, however caused and under any theory of liability, even if advised of the possibility of such damages.

RED's total aggregate liability arising out of or relating to this Agreement or the software will not exceed the greater of (a) the total fees you paid to RED for the software in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You will defend, indemnify and hold harmless RED and its members, officers, employees and agents from and against any third-party claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data, including any claim that it infringes rights or was collected or used unlawfully; (b) your or your Authorized Users' use of the Software; (c) your violation of this Agreement or applicable law; or (d) any dispute between you and an End Customer or Authorized User.

16. Modifications

We may modify the Software and this Agreement from time to time. For material changes to this Agreement we will provide notice through the Software or by email at least 15 days before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Software and cancel your subscription.

17. Governing law and disputes

This Agreement is governed by the laws of the State of West Virginia, excluding its conflict-of-law rules and the U.N. Convention on Contracts for the International Sale of Goods.

The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Raleigh County, West Virginia, and waive any objection to that venue.

18. App store terms

Apple App Store

If you obtained the Software from the Apple App Store, the following applies:

This Agreement is between you and RED only, not with Apple. Apple is not responsible for the Software or its content.
Apple has no obligation to furnish any maintenance or support for the Software.
If the Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Software.
Apple is not responsible for addressing any claims relating to the Software, including product liability, failure to conform to legal or regulatory requirements, or consumer protection claims.
Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Software infringes intellectual property rights.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of this Agreement and have the right to enforce it against you.

Google Play

If you obtained the Software from Google Play, this Agreement is between you and RED only, not with Google, and Google is not responsible for the Software. Your use is also subject to the Google Play Terms of Service.

19. General

Entire agreement. This Agreement and the Privacy Policy are the entire agreement between the parties regarding the Software and supersede prior agreements on that subject.

Assignment. You may not assign this Agreement without our prior written consent. RED may assign it in connection with a merger, acquisition or sale of assets.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect.

Waiver. Failure to enforce a provision is not a waiver of it.

Force majeure. Neither party is liable for delay or failure due to causes beyond its reasonable control.

Independent contractors. No partnership, joint venture, employment or agency relationship is created.

Export. You will comply with applicable export control and sanctions laws.

20. Contact

Restaurant Equipment Diagnostics LLC
1708 S. Kanawha St, Beckley, WV 25801
Email: Service.redwv@yahoo.com
Phone: 866.733.5521