Terms of Use

Last updated: 1 February 2026

This website is owned and operated by InfraRed. Please read the Terms of Use carefully before you continue using our website or other Services.

1. PURPOSE

The Terms of Use forms a legal agreement (“Agreement”) between you and Infrared Compliance Solutions Inc. (“InfraRed”, “we”, “our”,“us”) that governs your use of our website (www.byinfrared.com), web application, dashboard, APIs, SDKs, and any related products, features, functionalities, subdomains or online services (collectively, our “Services”).

2. ACCEPTANCE OF THE AGREEMENT

By accessing or using any of our Services, you agree to be bound by these Terms, our Privacy Policy, and any applicable service-specific terms. If you're using InfraRed for an organization, your continued use implies that you have the authority to agree to these terms on behalf of the organization. If you don't agree with any of these terms, or you don't have the authority to accept them, please don’t use or continue using our Services.

3. CHANGES TO THE AGREEMENT

We may change these Terms from time to time. Those changes become effective once we post them on our website. Your continued use of our Services after we post such updates implies your acceptance of the new Terms.

4. DEFINITIONS AND INTERPRETATIONS

  • Services: Any functionality, product or feature provided by InfraRed, including but not limited to our website, sub-domains, dashboard, web application, APIs, SDKs, and all associated tools and services.
  • User ("you", "your"): Any person, entity or end user accessing our Services.

5. ELIGIBILITY AND KYC

Our Services may only be used by individuals who can form legally binding contracts under applicable law. To create an account, you will be required to provide accurate and complete information, which may include:

  • Corporate identification documents (e.g., incorporation certificates, MEMART, industry licenses, tax identification, etc.);
  • Any additional information or documentation we may request in compliance with applicable laws.

By providing these information, you authorize us to verify your identity directly or through third parties. If you fail to provide accurate information or pass verification checks, we reserve the right to suspend or terminate your account.

6. API ACCESS

When you register, we may issue you API keys to access and use of our APIs. Your use of our APIs implies that you agree to:

  • Keep your API keys secure and confidential;
  • Not share, transfer, or disclose your API keys without our prior written consent;
  • Use them only as permitted under these Terms and applicable law.

We may revoke or disable your API access at any time if you breach these Terms, pose a security risk, or violate applicable laws.

7. WALLET SERVICES AND REFUND POLICY

The Wallet reflects funds you pay to access our Services. The wallet is not a bank account or deposit service and does not accrue interest.

  • Wallet balances may only be used to pay for the eligible InfraRed Services and will remain available until fully consumed.
  • Funds in the Wallet cannot be withdrawn and are non-refundable.
  • Wallet balances cannot be transferred, sold, exchanged, or assigned to other Users.
  • You are responsible for maintaining a sufficient Wallet balance for your intended usage.

8. DATA PROTECTION AND PRIVACY

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and safeguard your data. By using any or our Services, you consent to the practices described in the Privacy Policy.

If you know or suspect that someone other than you knows your Account Information, and is likely to Use the same against your interest, promptly notify us at [email protected].

9. SERVICE AVAILABILITY

We strive to keep our Services available but we do not guarantee uninterrupted service. We may interrupt our Services to perform maintenance, upgrades, or suspend access where necessary.

10. ENTIRE AGREEMENT

This Agreement, including our Privacy Policy, form our entire Terms with respect to the use of Our Services. It replaces and supersedes all prior or pre-existing agreements.

11. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware.

You agree that disputes arising out of this agreement shall be settled first by mediation. And if a settlement is not reached after 90 days, then by litigation in Delaware.

12. INTELLECTUAL PROPERTY

All intellectual property rights for Our Services are owned by or licensed to InfraRed. You may not copy, reproduce, republish, modify, transmit, distribute, sell, licence, or otherwise exploit them for any purpose whatsoever, without our express prior written permission.

The Agreement does not transfer the intellectual property rights of our Services to you or any third party. All rights, titles, and interests in and to all such property remain solely with us.

13. LIMITED LIABILITY

InfraRed or its directors, employees, or agents will not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, loss of goodwill, or other damages arising from your use of our Services.

14. INDEMNIFICATION

You agree to indemnify, defend and hold harmless InfraRed, its directors, employees and agents from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of our Services or your breach of this Agreement.

15. TERMINATION

We may suspend or terminate your access to our Services immediately if you:

  • Breach our Terms of Use
  • Misuse your API access
  • Engage in activities that may harm InfraRed, our Users, our systems, or the general public

If we suspend or terminate your account, any unused Wallet balance will remain available for lawful use unless the termination is due to illegal or prohibited activities.

16. CHANGES

We reserve the right to change any part of these Terms. Updates become effective upon posting on our website. Your continued use of Our Services after such updates implies your acceptance of the new Terms.