Terms of Service

stepwaves.com/terms

Effective Date: March 26, 2026 · Version 1.6

1. Acceptance of Terms

Welcome to stepwaves.com (the “Website”), operated by StepWaves Inc. (“StepWaves,” “we,” “us,” or “our”). By accessing, browsing, or using this Website, any associated mobile applications, the Fleet Portal dashboard, or any other digital services provided by StepWaves (collectively, the “Services”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, you must immediately discontinue use of the Services. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms govern your use of the Website and Services. The purchase or subscription of StepWaves products, including the Neon, is additionally governed by the Neon Order Agreement, available at stepwaves.com/order-agreement. Your use of the Services is also subject to our Privacy Policy, available at stepwaves.com/privacy. Together, these Terms, the Order Agreement, and the Privacy Policy constitute the complete legal framework governing your relationship with StepWaves. In the event of any conflict between these Terms and the Order Agreement with respect to product-specific matters, the Order Agreement shall control.

Payment Processing: Payments for StepWaves products and services are processed through the Stripe payment platform. Charges may appear on your credit card, debit card, or bank statement under the name “STEPWAVES” or a similar descriptor. StepWaves retains sole responsibility for all customer-facing obligations. Your contractual relationship remains solely with StepWaves Inc. StepWaves reserves the right to change its payment processing arrangements, payment processor, or merchant account at any time without prior notice. If a change requires you to update your stored payment information, StepWaves will notify you by email with instructions. For complete payment terms and additional details, please refer to Section 5 of the Neon Order Agreement. For information about subscription cancellation, please refer to Section 10 of the Neon Order Agreement.

2. Eligibility

You must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement and that you have the legal capacity and authority to enter into a binding agreement.

If you are using the Services on behalf of a business, fleet, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms “you” and “your” shall refer to that entity.

3. User Accounts

3.1 Account Registration.

Certain features of the Services, including the Fleet Portal and mobile application, require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete.

3.2 Account Security.

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify StepWaves immediately of any unauthorized access to or use of your account. StepWaves shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.3 Account Responsibility.

You are responsible for all activity that occurs under your account, whether or not authorized by you. If you authorize employees, drivers, fleet managers, or other individuals to access the Services through your account, you are responsible for their compliance with these Terms.

3.4 Account Termination.

StepWaves reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, non-payment, suspected fraudulent activity, or extended period of inactivity. For violations of these Terms that are not willful or egregious, StepWaves will use commercially reasonable efforts to provide written notice and a thirty (30) day cure period before suspending or terminating the account. Upon termination, your right to access the Services ceases immediately, though provisions that by their nature should survive shall continue in full force and effect as set forth in Section 18.

4. Services Description

4.1 Website.

The Website provides information about StepWaves products and services, including product descriptions, pricing, compatibility information, and the ability to place orders for the Neon product.

4.2 Fleet Portal.

The Fleet Portal is a web-based dashboard and companion mobile application that allows registered users to remotely monitor and manage Neon-equipped APU systems. Features may include, but are not limited to, remote APU control, real-time diagnostics, GPS-based location tracking, fuel usage analytics, operational history, fleet management tools, and over-the-air (OTA) software update management.

4.3 Mobile Application.

The StepWaves mobile application extends Fleet Portal functionality to iOS and Android devices, enabling remote control and monitoring capabilities. The mobile application may be subject to additional terms and conditions imposed by the applicable app store provider (Apple App Store, Google Play Store).

4.4 Service Availability.

StepWaves will use commercially reasonable efforts to maintain the availability of the Services. However, the Services may be temporarily unavailable due to scheduled maintenance, unscheduled maintenance, system failures, network issues, or circumstances beyond StepWaves’ reasonable control. StepWaves does not guarantee uninterrupted, error-free, or secure access to the Services. Specific uptime commitments for the Fleet Portal are set forth in the Neon Order Agreement.

4.5 Service Modifications.

StepWaves reserves the right to modify, update, suspend, or discontinue any aspect of the Services at any time, with or without notice. StepWaves shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

1. Use the Services in any manner that violates any applicable federal, state, local, or international law or regulation, including but not limited to Federal Motor Carrier Safety Administration (FMCSA) regulations, Department of Transportation (DOT) regulations, and any applicable anti-idling laws;
2. Use the Services to transmit any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable;
3. Attempt to gain unauthorized access to any portion of the Services, other user accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means;
4. Interfere with or disrupt the integrity or performance of the Services or the data contained therein, including through denial-of-service attacks, introduction of malware or viruses, or any other disruptive technology;
5. Use any robot, spider, scraper, or other automated means to access the Services for any purpose without StepWaves’ prior written consent;
6. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying algorithms, or data structures of any software comprising the Services;
7. Remove, alter, or obscure any proprietary notices, trademarks, or copyright notices from any materials provided through the Services;
8. Use the Services to collect, harvest, or store personal information of other users without their express consent;
9. Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
10. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services; or
11. Use the Services in connection with any illegal, fraudulent, or unauthorized purpose, including but not limited to tampering with vehicle safety systems, emissions controls, or Electronic Logging Devices (ELDs).

StepWaves reserves the right to investigate any suspected violation of these Terms and to take appropriate action, including suspension or termination of access to the Services, removal of content, and referral to law enforcement authorities.

6. Intellectual Property

6.1 StepWaves Property.

All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, audio, video, software, algorithms, machine learning models, data compilations, user interface designs, and the selection and arrangement thereof — are the exclusive property of StepWaves Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Trademarks.

“StepWaves,” the StepWaves logo, “Neon,” “Fleet Portal,” and any other StepWaves product or service names, slogans, and logos are trademarks or registered trademarks of StepWaves Inc. You may not use these marks without the prior written consent of StepWaves.

6.3 Third-Party Trademarks.

TriPac® and Thermo King® are registered trademarks of Trane Technologies™. All other third-party trademarks referenced on the Website or within the Services are the property of their respective owners and are used solely for purposes of product compatibility identification. StepWaves is not affiliated with, endorsed by, or associated with any third-party trademark owner.

6.4 Limited License.

Subject to your compliance with these Terms, StepWaves grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include the right to: (a) reproduce, distribute, publicly display, or publicly perform any content from the Services; (b) modify or create derivative works based on the Services or their content; (c) use any data mining, robots, or similar data gathering and extraction tools on the Services; or (d) download, copy, or store any content for commercial resale purposes.

6.5 User Feedback.

If you provide StepWaves with any feedback, suggestions, ideas, or recommendations regarding the Services (“Feedback”), you grant StepWaves a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate such Feedback into the Services or any other StepWaves product or service without any obligation or compensation to you.

7. Third-Party Links & Services

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by StepWaves. StepWaves has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that StepWaves shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available through any third-party website or service. Your use of third-party websites and services is at your own risk and is subject to the terms and conditions and privacy policies of those third parties.

The inclusion of any link on the Services does not imply endorsement by StepWaves of the linked website or service.

8. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STEPWAVES DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

STEPWAVES DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.

ESTIMATED FUEL SAVINGS, PERFORMANCE PROJECTIONS, AND ANY OTHER PROJECTIONS OR ESTIMATES PRESENTED ON THE WEBSITE OR THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE GUARANTEES. ACTUAL RESULTS WILL VARY. SEE THE NEON ORDER AGREEMENT AT STEPWAVES.COM/ORDER-AGREEMENT FOR COMPLETE PRODUCT DISCLAIMERS.

STEPWAVES DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICES BY ANY USER, INFORMATION PROVIDER, OR OTHER PERSON OR ENTITY.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STEPWAVES INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PRIVACY VIOLATIONS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF STEPWAVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF STEPWAVES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO STEPWAVES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, STEPWAVES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless StepWaves Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of and access to the Services; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right, including any intellectual property or privacy right; (d) any content you submit, post, or transmit through the Services; or (e) any claim that your use of the Services caused damage to a third party.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Services.

11. Privacy & Data Practices

Your use of the Services is subject to StepWaves’ Privacy Policy, available at stepwaves.com/privacy, which describes how we collect, use, store, and share your personal information and device data. The Privacy Policy is incorporated into these Terms by reference.

By using the Services, you acknowledge that you have read, understood, and agree to the practices described in the Privacy Policy. You consent to the collection and processing of data as described therein, including data collected through the Neon Product and transmitted to StepWaves through the Services.

For detailed information about data collected by the Neon Product specifically, please refer to Section 19 (Data Collection & Privacy) of the Neon Order Agreement at stepwaves.com/order-agreement.

12. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved in accordance with the dispute resolution procedures set forth below:

1. Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact StepWaves at help@stepwaves.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.
2. Mediation: If the dispute is not resolved informally within the thirty (30) day period, either party may initiate non-binding mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures. The mediation shall take place in Ohio. Each party shall bear its own costs of mediation, and the parties shall share equally the fees and expenses of the mediator.
3. Binding Arbitration: If the dispute is not resolved through mediation within sixty (60) days of the initiation of mediation, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Ohio. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. For claims where the amount in controversy is less than ten thousand U.S. dollars ($10,000.00), StepWaves shall pay all AAA filing fees and arbitrator compensation. For claims above this threshold, filing fees and arbitrator compensation shall be allocated in accordance with the AAA Commercial Arbitration Rules.
4. CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
5. Small Claims Exception: Either party may bring an individual action in small claims court for disputes within the jurisdictional limits of that court.
6. Equitable Relief: Nothing in this section shall prevent StepWaves from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

The dispute resolution provisions in this section apply to disputes arising from your use of the Website and Services. Disputes arising from the purchase or subscription of the Neon Product are subject to the dispute resolution provisions in the Neon Order Agreement, which shall control in the event of any conflict with this Section 12. For any dispute that involves both your use of the Website or Services and the purchase or subscription of the Product, the dispute resolution provisions of the Neon Order Agreement shall govern the entire dispute.

13. Electronic Communications

By using the Services or creating an account, you consent to receive electronic communications from StepWaves, including but not limited to: (a) account-related notifications; (b) order confirmations and shipping updates; (c) subscription billing notices; (d) service announcements and maintenance notices; (e) product updates and safety notifications; (f) promotional communications and newsletters (from which you may unsubscribe at any time); and (g) changes to these Terms, the Privacy Policy, or the Order Agreement.

You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

14. DMCA and Copyright Claims

StepWaves respects the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing to StepWaves:

1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing, with sufficient detail to permit StepWaves to locate the material;
4. Your contact information, including address, telephone number, and email;
5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

DMCA notices should be sent to StepWaves Inc.’s designated agent:

StepWaves Inc.’s designated agent information is also registered with the U.S. Copyright Office and is available at copyright.gov/dmca-directory.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict-of-law provisions. To the extent that any litigation is permitted under these Terms, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Ohio.

16. Changes to Terms

StepWaves reserves the right to modify or replace these Terms at any time at its sole discretion. If a revision is material, StepWaves will provide at least thirty (30) days’ notice prior to the new terms taking effect by posting the revised Terms on the Website with an updated effective date. We may also notify registered users via email or through the Fleet Portal.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

It is your responsibility to review these Terms periodically. The “Effective Date” at the top of these Terms indicates when the Terms were last updated.

17. Contact Information

If you have any questions about these Terms, please contact us at:

For product-specific inquiries, warranty claims, or order-related questions, please refer to the Neon Order Agreement at stepwaves.com/order-agreement.

For questions about data collection and privacy, please refer to the Privacy Policy at stepwaves.com/privacy.

18. Additional Provisions

Entire Agreement: These Terms, together with the Privacy Policy (stepwaves.com/privacy) and, where applicable, the Neon Order Agreement (stepwaves.com/order-agreement), constitute the entire agreement between you and StepWaves regarding the use of the Services.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver: The failure of StepWaves to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without the prior written consent of StepWaves. StepWaves may freely assign these Terms, in whole or in part, to any entity at its sole discretion, including but not limited to assignments in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer to an affiliate or successor entity. No such assignment shall require your consent.

Survival: Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11 (Privacy), 12 (Dispute Resolution), 15 (Governing Law), 16 (Changes to Terms), and this Section 18 shall survive the termination of these Terms.

Relationship of Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and StepWaves.

Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.