Terms of Service

1. Agreement, accounts and orders

These proposed Terms cover the websites, software and related services that Landry Industrial Software Solutions LLC, a Texas company (“Landry,” “we,” “us”), provides to you. “You” means the person accepting them or the organization that person is authorized to represent. You must be legally able to enter an agreement and have authority to act for your organization.

Once adopted, these Terms will apply when you affirmatively accept them or enter a written order that incorporates an identified version. Merely viewing this draft does not constitute acceptance. A mutually agreed order, statement of work or data agreement takes precedence over these Terms for its subject matter when there is a conflict. An invoice alone does not expand an agreed scope.

Keep account information accurate and credentials and private license codes secure. Use only the users, seats, features and access period granted to you. Report suspected unauthorized access promptly. Creating an account does not grant access to every product, and a license for one product does not automatically cover another.

2. Your license and client work

During your authorized access period, you receive a limited, nonexclusive license to use the agreed features for your own work and for client projects you are authorized to perform. You may share resulting reports and project deliverables with those clients. Someone receiving a report does not need a software seat; someone using the software needs appropriate access. Expiration of software access does not revoke your right to retain and use previously generated authorized deliverables.

Do not share accounts or private codes outside the authorized users, resell or sublicense software access, redistribute protected application code, bypass license or security controls, access another customer’s records, disrupt the service, or use the service unlawfully. Do not reverse engineer protected software except where applicable law permits it despite this restriction. Open-source components remain subject to their own licenses.

Access is for the period and scope agreed with you. A perpetual desktop license, source-code license, cloud storage, updates or support is included only when expressly stated in your order. Roadmaps, demonstrations and feature requests are not commitments to deliver future features.

3. Engineering review and safe use

Our tools help organize, interpret, calculate and document technical information. Results can be incomplete or incorrect. Qualified personnel must independently verify source data, assumptions, units, calculations, references and results before using them for equipment selection, design, commissioning, maintenance or changes to an operating system.

The software does not replace manufacturer instructions, approved engineering tools, management-of-change procedures, site authorization, safety validation or required professional review. An export describes recorded configuration, not necessarily current plant conditions. Do not use our software as a safety system, real-time control system or emergency-response service.

Software access does not include professional engineering approval, certification, a stamped design, commissioning or responsibility for operating your equipment. Any separately commissioned services require a written scope describing deliverables, responsibilities and acceptance. Nothing here excuses Landry from obligations expressly accepted in that scope or responsibilities that law does not allow us to exclude.

4. Your files, results and confidentiality

You and the applicable rights holders retain rights in your source files, plant records, notes, photographs and other project content. Using our tools does not transfer those rights to Landry. As between you and Landry, you retain rights in your original project content and may use and share customer-specific reports and results, subject to third-party rights. Landry retains its software, algorithms, generic templates, documentation and preexisting materials. Any Landry material embedded in an authorized deliverable may be used and shared as part of that deliverable.

Only supply files you are authorized to use and, when applicable, store or process through the selected service. Access to an employer’s or client’s file is not by itself permission to upload it. Obtain the necessary permissions and follow your organization’s data-handling rules. Do not send credentials or sensitive plant information through general inquiry or feedback forms.

When you intentionally send content to a feature or agreed service, you give Landry and its service providers only the permission reasonably needed to host, copy, process and return it to deliver that service, support your account, protect the service or comply with law. Authorized Landry administrators may access stored content for those purposes or on your instructions. Administrative capability does not confer ownership or permission for unrelated use.

We will treat nonpublic customer content as confidential, use reasonable safeguards, and limit disclosure to people and providers who need access for those purposes and are subject to confidentiality obligations, or as legally required. Where legally permitted, we will notify you of a legally compelled disclosure. We do not acquire rights to publish your plant data, use it in demonstrations or a shared industry repository, or use it to train AI models. Any such reuse requires separate express permission from an authorized rights holder. Company names, logos and testimonials also require permission before promotional use.

5. Product-specific handling

FHX Studio: supported exports are parsed on your device. Opening a local FHX does not by itself authorize uploading it. Standard access is session-based. Separately enabled Advanced access offers an explicit Save to my account action that uploads a compressed original and associated version information to private cloud storage. Compression is not encryption. Reopening a saved version downloads and parses it on your device. Saved FHX files are not sent to AI services. Saving an FHX does not automatically save investigation notes or MOC reviews.

FHX review files: Landry’s .fhxliss format supports offline review and collaboration. It is not a DeltaV import file or an approved live-system configuration. Proposed changes must be programmed, checked and authorized in the appropriate system tools and site procedures. Landry is independent of Emerson and other equipment vendors; vendor names and trademarks remain theirs.

LogicLens and assisted services: the engagement scope must establish authorized inputs, processing location, any AI or third-party processing, reviewer access, deliverables, acceptance and retention before client files are supplied. FHX’s local-processing description does not describe every other Landry service.

Meterwright: the current preview sends entered process conditions to its calculation service and does not provide persistent project storage. This describes project saving, not a promise that no technical request logs exist. Do not enter confidential plant data in the preview. Independently verify results and manufacturer suitability before selection or purchase. A preview does not establish validated performance across all operating conditions.

Public samples use fictional examples where identified. Beta, preview and evaluation labels describe limitations; any paid commitments still remain those expressly agreed in the order.

6. Storage, retrieval and deletion

Keep your original exports and your own backups. Browser storage, saved views, downloaded reports and cloud-saved originals are different records; saving one does not guarantee the others are saved. No backup service, recovery guarantee or retention period is included unless expressly agreed.

You can delete saved FHX versions through the available controls. If your access ends or you cannot use those controls, contact david@landryindustrial.com for retrieval or deletion assistance, subject to verification of your authority. Expiration of access does not make your files public or give Landry new reuse rights.

Deletion removes live stored content; provider backups may retain copies under their retention policies, and limited records may need to be kept for legal, billing or security purposes. We will not retain customer content longer than reasonably needed for the agreed service or those purposes. Any required retention window, export format or deletion deadline must be agreed before upload. The Privacy Policy explains the current handling of account information, inquiries and stored files.

7. Prices, payment and cancellation

Your accepted order identifies the product or service, price and currency, applicable taxes, users, term, included support and any storage limits. Current assisted purchases are agreed before payment; submitting an inquiry, requesting access or creating an account does not start a charge or automatic subscription.

Automatic renewal applies only if clearly disclosed and expressly accepted before purchase. A future recurring offer must state the renewal amount or how it is calculated, billing frequency and how to cancel. Unless an order provides otherwise, cancellation ends future renewal and access continues through the paid term, except for justified suspension or termination under Section 9. Contact david@landryindustrial.com for billing or cancellation requests.

Refund and acceptance arrangements for a scoped engagement must be stated in the order. If Landry discontinues a paid service during a prepaid term without your breach, we will refund the unused prepaid portion for that service. Other refund rights follow the order and applicable law. Nothing in these Terms removes mandatory consumer remedies or authorizes undisclosed fees.

8. Availability, support and changes

We will provide any support and service commitments stated in your order. Unless expressly agreed, there is no guaranteed uptime, response time, compatibility with every export or device, or restoration deadline. Services may be interrupted for maintenance, security work or provider outages. Report issues with the product version and a description that avoids confidential plant data unless a secure transfer is arranged.

We may improve and maintain the services. We will give reasonable advance notice of material reductions to paid functionality where practicable and will not use a product change to avoid an express paid commitment. If we cannot continue the agreed paid service, the unused-prepayment remedy in Section 7 applies. Emergency security changes may be immediate.

9. Suspension and ending access

We may restrict access when reasonably necessary to address a security threat, unlawful use, nonpayment when due, or a material breach. Where practicable and legally permitted, we will explain the reason and give a reasonable opportunity to resolve it before termination. Immediate action may be necessary to protect customers or the service.

You may stop using a service and request account closure. Ending access does not cancel payment already due under an accepted order, override applicable refund rights or authorize unrelated use of your files. Confidentiality, ownership, payment obligations already incurred, and applicable dispute and liability provisions survive as needed to give them effect. Retrieval and deletion remain subject to Section 6.

10. Feedback and third-party services

You may choose to provide suggestions. You allow us to use nonconfidential suggestions to improve our products without a payment obligation. This permission excludes your project files, private report contents, confidential information, name and logo; it is not permission to publish your support case or use customer configuration as training data.

Third-party software, identity providers and linked services may have their own terms. We do not imply vendor sponsorship or endorsement. This does not remove Landry’s responsibility for commitments it makes about its own services or its handling of customer content.

11. Warranties and liability

Except for express commitments in an accepted order and rights that cannot lawfully be excluded, services are provided “as is” and “as available.” To the extent permitted by law, Landry disclaims implied warranties of merchantability, fitness for a particular purpose and noninfringement. We do not warrant that every result will be correct or every interruption or defect will be eliminated.

To the extent permitted by law, Landry is not liable for indirect, incidental, special or consequential losses, including lost profits or production, arising from the services. Landry’s total aggregate liability for all claims relating to an affected service is limited to the greater of US $1,000 or the fees you paid Landry for that service during the twelve months before the first event giving rise to those claims.

These exclusions and cap do not apply to fraud, willful misconduct, gross negligence, amounts we expressly owe as refunds, or liability that applicable law does not permit us to exclude or limit. Mandatory consumer rights remain unaffected. A separately negotiated agreement may provide different protections for a particular engagement.

12. Law, updates and contact

Texas law governs these Terms, excluding its conflict-of-laws rules, except that mandatory protections applicable to you still apply. Disputes may be brought in courts with competent jurisdiction; these Terms do not require arbitration or waive participation in a class action. Contact us first if you would like to try to resolve a concern informally; doing so is not a condition for exercising legal rights.

Material changes to adopted Terms will be identified by version and effective date, communicated with reasonable advance notice where practicable, and presented for acceptance where required. Changes will not retroactively alter an accepted paid order or apply to an existing dispute without agreement. If a provision is unenforceable, the remaining provisions continue to the extent permitted by law.

Contact: Landry Industrial Software Solutions LLC, Lumberton, Texas, United States. Email david@landryindustrial.com for account, data, billing or terms questions.