Terms of Service

1. Eligibility

You must be at least 18 years old, or the age of legal majority where you live, to accept these Terms. If you are at least 13 but under that age, you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use. The App is not directed to children under 13. You represent that you are not barred from using the App under the laws of the United States or any other applicable jurisdiction.

2. A study aid only — no professional advice

Not affiliated with the EPA. The App is an independent educational product. It is not affiliated with, endorsed by, sponsored by or connected to the U.S. Environmental Protection Agency, any certifying organization, test provider, proctor, manufacturer or trade association. “EPA” and “Section 608” are used only to describe the subject matter.

No certification and no guarantee of results. Using the App does not certify you, does not count toward any certification, and does not guarantee that you will pass any exam or obtain any license, job or other result. Practice scores, “readiness” indicators, study plans and mock-exam results are estimates for self-study only; they do not predict or guarantee your results on an actual exam.

No professional, legal or safety advice. The App’s content is general educational information. It is not legal, regulatory-compliance, engineering, safety, medical or other professional advice, and it does not create any professional or advisory relationship between you and Sarafand. For decisions about compliance, safety or your work, rely on the current official text of the law, the equipment manufacturer’s instructions, applicable codes and standards, your employer, and qualified professionals.

3. Safety and your responsibility

Work on refrigeration and air-conditioning equipment involves serious hazards, including high pressure, flammable and toxic refrigerants, oxygen displacement and asphyxiation, frostbite, burns, electrical shock, and injury from cylinders, tools and machinery. It is regulated by federal, state and local laws and codes, including 40 CFR Part 82, Department of Transportation, OSHA and ASHRAE requirements, and building, mechanical and fire codes.

• Do not use the App as a work manual, procedure or checklist, or as a substitute for proper training, certification, supervision, manufacturer instructions or personal protective equipment.
• The App’s calculators, pressure-temperature charts, reference tables and cheat sheets are approximate study aids. Always verify values with the equipment manufacturer’s data and properly calibrated instruments before acting on them.
• You are solely responsible for how you use any information from the App, for complying with all laws, regulations, codes, permits and manufacturer requirements, and for the safety of yourself, others and property.

4. Content accuracy and updates

We work to keep the App’s content accurate and current, but regulations, standards, exam content and industry practice change, and the content may contain errors, omissions or outdated information. We do not warrant that any content is accurate, complete, current or suitable for any purpose. The official regulations published in the Code of Federal Regulations, and the requirements of the certifying organization administering your exam, always control over anything in the App.

We may add, change, correct or remove questions, answers, explanations, features and other content at any time without notice. Content updates may change which answer is marked correct, and may reset your recorded progress or review schedule for affected questions. If you believe content is wrong, please use “Report a problem” in the App or contact us.

5. License

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to download, install and use the App, and the content and features you have unlocked, on devices you own or control, for your own personal, non-commercial educational use, subject to the usage rules of the store you obtained it from. The App is licensed, not sold. All rights not expressly granted to you are reserved by Sarafand and its licensors.

6. Restrictions

You agree not to, and not to allow anyone else to:

• copy, reproduce, record, screenshot in bulk, scrape, extract, download or compile the App’s questions, answers, explanations, flashcards or other content, or distribute, publish, sell, rent, lend, share or make them available to others;
• use the App’s content to create, train, fine-tune or improve any competing product, question bank, course, dataset, or artificial-intelligence or machine-learning model;
• use the App or its content for commercial purposes, including classroom, group or institutional instruction, without our prior written permission;
• decompile, disassemble, reverse engineer or attempt to derive the source code of the App, except to the extent this restriction is prohibited by law;
• circumvent, disable or interfere with purchase verification, content locks or other security or access controls;
• modify, adapt, translate or create derivative works of the App, or remove or alter any proprietary notice;
• use the App in any unlawful, fraudulent or harmful way, or to help anyone cheat on or compromise the integrity of any examination;
• use the App in violation of these Terms, the applicable store’s terms or any law.

7. Purchases and refunds

Free and paid features. Some features are free. Others require a one-time in-app purchase (“Premium”). We decide which features are free or paid and may change this at any time. Free features, such as a free mock exam, may be limited in number and may be changed or withdrawn.

Pricing. Prices are shown in the store before you buy and are set in the store for your country. We may change prices at any time, including by offering or ending introductory or launch pricing. A price change does not entitle anyone to a refund or credit for an earlier purchase.

Payment. Purchases are processed by Apple or Google under their terms and payment methods. You authorize the store to charge you, including any applicable taxes. We do not receive or store your payment information.

All sales are final. Except where the law requires otherwise, all purchases are final and non-refundable. Refunds are handled only by Apple or Google under their refund policies; request any refund from them, because we cannot issue refunds for store purchases.

What “lifetime” means. “Lifetime” or one-time Premium access means access to the Premium features of the App for as long as we continue to make the App, or those features, available and supported for your device and operating system. It does not mean the lifetime of any person, and it does not guarantee that the App will stay available in any store, will be updated, will remain compatible with future devices or operating systems, or will keep any particular feature or content.

Restoring and transferring. You can restore Premium on devices signed in to the same store account with “Restore Purchases.” Purchases generally cannot be transferred between Apple and Google, or between store accounts. Premium access has no cash value and may not be sold, transferred or exchanged.

Access codes. We may give an access code that unlocks Premium, without a purchase, on the device where it is entered (for example, to app store reviewers). An access code is only for the person we give it to. It has no cash value and may not be sold, shared or published. We may revoke an access code at any time, including in an update to the App, which ends the Premium access it gave.

8. Your data

Your study data is stored on your device, as described in our Privacy Policy. You are solely responsible for your device and for backing up your data. We are not responsible for the loss or corruption of any data — including progress, notes, bookmarks, streaks or history — for any reason, including device loss or failure, deleting the App, resetting progress, operating-system changes and content updates.

9. Feedback

If you send us reports, suggestions, ideas or other feedback, you grant Sarafand a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable and transferable license to use, copy, modify, publish and otherwise exploit it for any purpose. We have no obligation to review, use, keep confidential, credit or compensate you for it. You represent that you have the right to give it to us.

10. Intellectual property

The App and all of its content — including the questions, answer choices, explanations, flashcards, reference materials, calculators, software, design, text, graphics, logos, and the selection and arrangement of the content — are owned by Sarafand or its licensors and are protected by copyright, trademark, trade secret and other intellectual-property laws. “EPA 608 Mastery Pro,” “Sarafand” and related names and logos are trademarks of Sarafand and may not be used without our prior written permission. Government works quoted in the App, such as federal regulations, remain in the public domain; our selection, arrangement, commentary and explanations are protected. Other trademarks belong to their owners, and their use does not imply endorsement.

11. Third-party services

The App relies on, and may link to, third-party services, including Apple, Google, RevenueCat (purchase management), your email app and government websites. Your use of them is governed by their own terms and policies. We do not control them and are not responsible for their availability, content, security or practices, or for any loss or damage they cause.

12. Disclaimer of warranties

In these Terms, the “Sarafand Parties” means Sarafand and its members, managers, officers, employees, contractors, agents, licensors and service providers.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT, FEATURES AND PURCHASES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THE SARAFAND PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY, COMPLETENESS OR CURRENCY OF INFORMATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SARAFAND PARTIES DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, PREPARE YOU TO PASS ANY EXAM, OR BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT, CALCULATION OR RESULT WILL BE CORRECT OR RELIABLE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE APP CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties. There, the exclusions above apply to the fullest extent permitted, and any warranty that cannot be excluded is limited to the shortest period the law allows.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SARAFAND PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, WAGES, INCOME, EMPLOYMENT OR BUSINESS OPPORTUNITY; COSTS OF EXAMS, RETAKES, TRAINING, TRAVEL OR CERTIFICATION; DELAYS IN CERTIFICATION OR LICENSING; FINES, PENALTIES OR REGULATORY ENFORCEMENT; LOSS OF DATA OR GOODWILL; PROPERTY DAMAGE; PERSONAL INJURY OR DEATH; OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE APP, ITS CONTENT, ANY PURCHASE, THESE TERMS, YOUR RELIANCE ON ANY INFORMATION IN THE APP, OR ANY WORK YOU PERFORM ON ANY EQUIPMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE SARAFAND PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIFTY U.S. DOLLARS (US$50).

These limitations apply to any theory of liability — contract, tort (including negligence), strict liability, product liability, statute or otherwise — even if the Sarafand Parties were advised of the possibility of such damages, and even if a limited remedy fails of its essential purpose. They are an essential basis of the bargain between you and Sarafand, and the App would not be offered without them. The members and managers of Sarafand Tech LLC have no personal liability to you under these Terms or in connection with the App.

Some jurisdictions do not allow the exclusion or limitation of certain damages, such as for death or personal injury caused by negligence, or for fraud, gross negligence or willful misconduct. There, our liability is limited to the fullest extent the law permits.

14. Assumption of risk and release

You understand and voluntarily assume all risks of using the App, relying on its content, preparing for and taking any exam, and any work you perform. To the maximum extent permitted by law, you release and forever discharge the Sarafand Parties from all claims, demands, damages and liabilities of every kind, known or unknown, arising out of or relating to those matters.

If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You also waive any similar law of any other jurisdiction.

15. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Sarafand Parties from and against all claims, actions, demands, losses, damages, liabilities, judgments, settlements, fines, penalties, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your access to, use or misuse of the App or its content;
• your violation of these Terms;
• your violation of any law, regulation, code or the rights of any third party;
• any work you perform on any equipment, or any exam, certification or employment matter;
• any feedback or other material you provide.

We may assume the exclusive defense and control of any matter you must indemnify, at your expense, and you agree to cooperate with our defense. You may not settle any such matter without our prior written consent.

16. Changes, suspension and termination

We may modify, suspend or discontinue the App, or any feature or content, at any time, with or without notice, and without liability to you. We may suspend or terminate your license if you violate these Terms, in which case you are not entitled to a refund. You may stop using the App at any time by deleting it. Provisions that by their nature should survive termination — including those on the study-aid nature of the App, safety, content accuracy, restrictions, purchases, your data, feedback, intellectual property, disclaimers, limitation of liability, release, indemnification, governing law and dispute resolution — survive it.

17. Governing law

These Terms, and any dispute arising out of or relating to them or the App, are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the arbitration agreement below. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any claim not subject to arbitration must be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and you and Sarafand consent to the personal jurisdiction of, and venue in, those courts.

18. Dispute resolution and binding arbitration

Please read this section carefully. It requires you and Sarafand to resolve disputes through individual arbitration instead of in court, and it waives class actions and jury trials.

Informal resolution first. Before starting any proceeding, you and Sarafand agree to try to resolve any dispute informally. The party raising it must send a written notice to the other — for notices to us, by email to info@sarafandtech.com or by post to the address in the Contact section — with the sender’s contact information, a description of the dispute and the relief sought. If it is not resolved within sixty (60) days after the notice is received, either party may begin arbitration.

Agreement to arbitrate. Except as provided below, any dispute, claim or controversy between you and Sarafand arising out of or relating to these Terms, the App, any purchase or our relationship (a “Dispute”) will be resolved exclusively by final and binding arbitration. This includes disputes about the scope, validity or enforceability of this arbitration agreement, which the arbitrator will decide.

Rules and forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (https://www.adr.org), as modified by this section, before a single arbitrator. Unless you and Sarafand agree otherwise, it will be conducted by video, telephone or written submissions; if an in-person hearing is required, it will take place in the county where you live. Filing, administrative and arbitrator fees are governed by the AAA’s rules. The arbitrator may award the same individual relief a court could, consistent with these Terms, including their limitations of liability. Judgment on the award may be entered in any court with jurisdiction.

Class-action and jury-trial waiver. YOU AND SARAFAND EACH AGREE THAT DISPUTES WILL BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE-ATTORNEY-GENERAL PROCEEDING, AND EACH OF US WAIVES THE RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding, and may award relief only to the individual party seeking it, and only as needed for that party’s individual claim.

Exceptions. Either party may (i) bring an individual claim in small-claims court if it qualifies and stays there, and (ii) seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized use of the App or its content.

Time limit. To the extent permitted by law, any Dispute must be started within one (1) year after the claim arose, or it is permanently barred.

30-day right to opt out. You may opt out of this arbitration agreement by sending written notice to info@sarafandtech.com, or by post to the address in the Contact section, within thirty (30) days after you first accept these Terms. The notice must say that you opt out of arbitration and include your name. Opting out does not affect any other part of these Terms.

Severability. If the class-action waiver is found unenforceable for any claim, that claim (and only that claim) must be severed and brought in court under “Governing law,” and it will be stayed until the individual arbitration is complete. If any other part of this section is found unenforceable, the rest remains in effect.

Changes. If we change this section after you accept these Terms, the change will not apply to any Dispute of which we had written notice before the change took effect.

19. Apple App Store terms

If you obtained the App from the Apple App Store, the following also applies. If it conflicts with the rest of these Terms, it controls as to your use of the App on Apple-branded products.

Acknowledgement. These Terms are between you and Sarafand only, not Apple Inc. (“Apple”). Sarafand, not Apple, is solely responsible for the App and its content.

Scope of license. Your license is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be used by other accounts associated with you through Family Sharing or volume purchasing.

Maintenance and support. Sarafand is solely responsible for any maintenance and support of the App, to the extent required by these Terms or by law. Apple has no obligation whatsoever to provide maintenance or support for the App.

Warranty. Sarafand is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Sarafand’s responsibility, subject to the disclaimers and limitations in these Terms.

Product claims. Sarafand, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including (i) product-liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection, privacy or similar legislation, subject to the disclaimers and limitations of liability in these Terms, to the extent permitted by law.

Intellectual-property rights. If a third party claims that the App or your possession and use of it infringes that third party’s intellectual-property rights, Sarafand, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of that claim.

Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer contact. Direct questions, complaints or claims about the App to Sarafand at the contact information in the Contact section.

Third-party terms. You must comply with applicable third-party terms of agreement when using the App.

Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

20. Google Play terms

If you obtained the App from Google Play, your purchase and use of the App are also subject to the Google Play Terms of Service and Google’s payment and refund policies. Google is not a party to these Terms and is not responsible for the App.

21. General terms

Changes to these Terms. We may update these Terms. We will publish the updated Terms and change the date above, and give reasonable notice of material changes, for example in the App. Changes do not apply retroactively. Your continued use of the App after updated Terms take effect means you accept them, except as provided under “Changes” in the arbitration section.

Export and location. The App is operated from the United States and is intended for U.S. certification. You are responsible for complying with local laws if you use it elsewhere, and with all applicable U.S. export-control and sanctions laws.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Sarafand about the App and supersede all prior agreements and understandings on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the rest remains in full force and effect.

No waiver. Our failure to enforce any right or provision is not a waiver of it.

Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign them, in whole or in part, without restriction, including in a merger, acquisition, reorganization or sale of assets.

Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including failures of networks, app stores, payment or hosting providers or utilities, natural disasters and acts of government.

Relationship. Nothing in these Terms creates any partnership, joint venture, employment, agency or fiduciary relationship between you and Sarafand.

Electronic communications. You consent to receive communications from us electronically, and agree that electronic notices satisfy any legal requirement that communications be in writing.

Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If these Terms are translated, the English version controls.

Rights that cannot be limited. Nothing in these Terms limits any right or liability that cannot be limited or excluded under the law that applies to you.

22. Contact

Sarafand Tech LLC
6001 Menaul Blvd NE #1012
Albuquerque, NM 87110
United States
Email: info@sarafandtech.com
Website: https://sarafandtech.com