These Terms of Service (the “Terms”) constitute a legally binding agreement between you (whether personally or on behalf of an entity) and ECE Consulting, Inc. d/b/a ECE Global (“ECE Global,” “Company,” “we,” “us,” or “our”) governing your access to and use of the GWMApp software-as-a-service platform available at www.gwmapp.com, including its web-based and mobile applications, related APIs, and associated functionality (collectively, the “GWMApp Service” or “Service”).

Business contact: ECE Consulting, Inc. d/b/a ECE Global, 456 S Oak Street, Itasca, IL 60143, United States. Phone: (847) 250-5240. Email: contact@gwmapp.com.

By clicking “Accept,” creating an account, or otherwise accessing or using the GWMApp Service, you (“Client”) agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. If you do not agree, do not access or use the GWMApp Service.

1. ACCESS AND USE

(a) Access to Service.

During the applicable subscription term identified in the Client’s order or account, the Client and its authorized users (“Authorized Users”) may access and use the GWMApp Service solely for the Client’s internal business purposes, in accordance with these Terms and any applicable order. The Service is provided for use only by the Client and its Authorized Users and may not be resold, sublicensed, or otherwise made available to any third party without our prior written consent.

(b) Use Restrictions.

Except as expressly permitted in these Terms, the Client shall not, and shall not permit any Authorized User to:

(i) copy, modify, or create derivative works of any part of the Service or its software;

(ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, or otherwise make the Service available to any third party;

(iii) reverse engineer, decompile, or otherwise attempt to derive the source code of any component of the Service;

(iv) remove, alter, or obscure any proprietary notices;

(v) use the Service to develop, train, or enhance a competing product or service;

(vi) use the Service in any manner that infringes, misappropriates, or violates any intellectual-property, privacy, or other legal right;

(vii) use the Service in connection with any unlawful, fraudulent, or harmful purpose, or to attempt unauthorized access to any system or data; or

(viii) permit multiple individuals to share a single-user license or credential.

(c) High-Risk Use.

The Service is not designed for, and must not be used in, environments requiring fail-safe performance where its failure could lead to death, personal injury, or severe property or environmental damage. Any such use is at the Client’s sole risk, and the Client shall implement safeguards consistent with industry standards to mitigate hazards arising from any interruption or error in the Service.

(d) Suspension of Service.

We may temporarily suspend access to the Service or specific accounts if we reasonably determine that: (i) the Client or an Authorized User has violated these Terms; (ii) continued use presents a security risk to the Service or other clients; (iii) payment is overdue; or (iv) the provision of the Service is prohibited by law. We will make reasonable efforts to notify the Client of any suspension and to restore access promptly once the underlying issue is resolved. We are not liable for any damages or losses arising from such suspension.

(e) System and Usage Data.

We may collect and analyze data relating to the provision and use of the Service, including logs, diagnostic, and performance information (“Usage Data”). We own all rights in Usage Data and may use it for analytics, security, and Service improvement purposes, provided that such data does not identify the Client or its Authorized Users, except as required by law.

(f) Reservation of Rights.

Except for the limited rights expressly granted herein, all right, title, and interest in and to the GWMApp Service and related intellectual property are and shall remain the exclusive property of ECE Global.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the GWMApp Service, including its software, source code, databases, functionality, application interfaces (APIs), website design, text, graphics, images, video, audio, and other materials (collectively, the “Content”), together with all trademarks, service marks, and logos (the “Marks”), are owned by or licensed to ECE Global and are protected by United States and international intellectual property and unfair competition laws.

Except as expressly permitted in Section 1 (Access and Use), no right, title, or interest in or to the Service, Content, or Marks is transferred to the Client or any Authorized User. All rights not expressly granted in these Terms are reserved by ECE Global and its licensors.

Rulesets, ruleset architecture, internal decision logic, algorithms, formulas, validation logic, rule relationships, data structures, workflows, and approved rule packages imported into GWMApp constitute ECE Global IP, subject to any applicable third-party rights. Rulesets may be developed and controlled in a separate Ruleset Manager application and transferred to GWMApp through controlled import files. The Ruleset Manager is not part of the GWMApp Service made available under these Terms. A subscription to the Service does not provide the Client or any Authorized User with access to or ownership of the underlying Ruleset logic or the Ruleset Manager.

The Client and its Authorized Users shall not (a) copy, modify, or create derivative works of any Content; (b) use any Marks without our prior written consent; or (c) remove, alter, or obscure any proprietary rights notices from the Service, Content, or Marks.

The GWMApp Service and all related materials are provided “AS IS” for the Client’s permitted business use under these Terms.

3. CLIENT RESPONSIBILITY AND USER REGISTRATION

(a) General Responsibility.

The Client is responsible for all access to and use of the GWMApp Service by the Client and its authorized users (“Authorized Users”), whether such access is permitted or in violation of these Terms. The Client shall ensure that all Authorized Users comply with these Terms, and any act or omission by an Authorized User that would constitute a breach of these Terms if committed by the Client will be deemed a breach by the Client.

(b) Account Management and Registration.

You may be required to register for an account to access the GWMApp Service. The Client shall maintain the confidentiality of all login credentials and is responsible for all activities conducted under its accounts. If the Client is provided with administrative credentials, it is responsible for creating and managing Authorized User accounts. The Client agrees to promptly notify us of any unauthorized access, use, or security breach.

We reserve the right, at our discretion, to remove, reclaim, or change a username or account if we determine it is inappropriate, misleading, obscene, or otherwise objectionable.

(c) Adequate Rights and Data Ownership.

The Client represents and warrants that it owns or has sufficient rights in all data it uploads or provides to the Service (“Client Data”) and that such Client Data, and its use through the Service, do not infringe or violate any third-party rights or applicable law. The Client grants us the rights necessary to host, process, and transmit Client Data solely to provide and improve the Service, in accordance with our Privacy Policy.

Without limiting the foregoing, if the Client uploads or provides any industry standard, customer specification, organizational specification, drawing, procedure, or other copyrighted or proprietary source document, the Client represents and warrants that it has sufficient rights and authority to provide that material for the requested use and processing. The Client remains responsible for compliance with any copyright, confidentiality, subscription, contractual, or other license restrictions applicable to such material.

(d) Tools and Integrations.

We may provide software agents, connectors, or other tools (“Tools”) to facilitate delivery of the Service. The Client agrees that such Tools are our confidential information and shall uninstall, return, or destroy them upon termination of the Service. The Service may also include links to or integrations with third-party content or software subject to separate terms. The Client and its Authorized Users must comply with those terms before using such third-party content, and we are not responsible for any third-party products or services.

4. ACCOUNT INTEGRITY

Account registration and credential management are governed by Section 3(b) (Client Responsibilities and User Registration). You agree to maintain accurate registration information and to safeguard all credentials used to access the GWMApp Service.

5. FEES AND PAYMENT

(a) Fees and Billing.

The Client shall pay all fees applicable to its subscription or use of the GWMApp Service as set forth in the Client’s order or account. Unless otherwise stated, subscription fees are billed in advance for each billing period, while usage-based or overage fees are billed in arrears. All payments shall be made in U.S. dollars and without deduction or set-off.

If the Client purchases through an authorized reseller, payment terms agreed with the reseller apply. For direct purchases, invoices are due within thirty (30) days of the invoice date unless otherwise specified.

(b) Payment Authorization and Recurring Charges.

By providing a payment method, the Client authorizes recurring charges until the subscription is canceled in accordance with these Terms. The Client agrees to maintain current, complete, and accurate billing information, including payment method and contact details.

(c) Late Payments.

Any undisputed amount not paid when due may accrue interest at 1.5% per month (18% per annum) or, if lower, the maximum rate permitted by law, calculated daily and compounded monthly. The Client shall reimburse ECE Global for reasonable costs incurred in collecting past-due amounts, including attorneys’ fees. We may suspend or terminate the Client’s and its Authorized Users’ access to the Service if payment remains unpaid for ten (10) days after written notice.

(d) Taxes.

All fees are exclusive of taxes. The Client is responsible for all applicable sales, use, value-added, goods and services, withholding, and other taxes or duties assessed by any governmental authority, other than taxes based on our net income. The Client shall pay such taxes or provide a valid exemption certificate.

(e) Pricing Errors and Adjustments.

We reserve the right to correct pricing or billing errors at any time. Any adjustments will be promptly reflected in subsequent invoices or account statements.

(f) Audit Rights (Enterprise Accounts).

For enterprise subscriptions, the Client shall maintain complete and accurate billing records during the subscription term and for two (2) years thereafter. We may, on reasonable notice and at our expense, audit such records once per year to verify compliance. If an audit reveals underpayment exceeding 5% of the fees due for the audited period, the Client shall promptly pay the shortfall plus interest and reimburse our reasonable audit costs.

6. FREE TRIAL

We may, at our discretion, offer a free trial period of the GWMApp Service to new Clients or for new subscriptions. The duration and features available during the trial will be specified at the time of registration.

Unless otherwise stated, the trial will automatically convert to a paid subscription at the end of the trial period, and the Client’s designated payment method will be charged the applicable subscription fee unless the Client cancels before the trial ends.

Free trial eligibility is determined by ECE Global and may be limited to prevent abuse. We reserve the right to modify, suspend, or terminate any free trial at any time without notice.

During and after the trial, all data and content entered into the Service will be retained according to our Data Retention Policy , but may be deleted if the Client does not upgrade to a paid subscription within a reasonable period following the end of the trial.

7. CANCELLATION AND TERMINATION

(a) Client Cancellation.

The Client may cancel its subscription at any time by logging into its GWMApp account or by providing written notice to ECE Global. Cancellations take effect at the end of the current paid subscription term. Fees already paid are non-refundable, except where required by law. The Client remains responsible for any outstanding fees or usage charges accrued prior to the effective date of cancellation.

(b) Company Termination or Suspension.

We may suspend or terminate the Client’s access to the GWMApp Service immediately upon written notice if the Client (i) breaches these Terms, (ii) fails to pay undisputed amounts when due after notice and cure period, or (iii) uses the Service in violation of law or these Terms. Upon termination, the Client’s access will cease, and we may delete or restrict access to Client Data in accordance with our Data Retention Policy .

(c) Effect of Cancellation or Termination.

Upon cancellation or termination, the Client’s license to use the Service will end, and all associated data, content, and credentials may be deleted or deactivated. The Client is solely responsible for exporting its data before the effective termination date.

8. OWNERSHIP AND FEEDBACK

(a) GWMApp Intellectual Property.

As between the Client and ECE Global, we own all right, title, and interest in and to the GWMApp Service, including all software, source code, databases, functionality, application interfaces (APIs), designs, documentation, and any updates, enhancements, or derivative works (“GWMApp IP”). Third-party software or content integrated into the Service remains the property of its respective owners. Except for the limited rights expressly granted in these Terms, no rights or licenses to the GWMApp IP are transferred or implied, and all such rights are reserved by ECE Global.

For clarity, GWMApp IP includes approved Rulesets and rule packages imported into and executed by GWMApp, including proprietary technical interpretations, variable relationships, conditions, formulas, calculations, validation criteria, decision logic, applicability logic, workflows, and related software implementation. Rulesets may be authored, reviewed, approved, and exported through a separate Ruleset Manager application that is not part of the GWMApp Service licensed under these Terms. Except where expressly authorized, Clients and Authorized Users are not granted access to the underlying Ruleset definitions and may not extract, reverse engineer, reproduce, publish, sublicense, or commercially redistribute such logic, subject to applicable law.

(b) Client Data.

As between the Client and ECE Global, the Client retains all right, title, and interest, including all intellectual-property rights, in and to Client Data (meaning any data, files, or materials the Client or its Authorized Users submit to or generate through the Service).
The Client grants ECE Global a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Client Data solely as necessary to provide and improve the GWMApp Service and to comply with law.
To the extent Client Data is incorporated into aggregated analytics or Usage Data, such Usage Data will not identify the Client or any individual user.

Personal Data within Client Data will be processed in accordance with our Privacy Policy and any applicable Data Processing Addendum, where ECE Global acts as a data processor on behalf of the Client (as controller).

(c) Feedback.

If the Client or its Authorized Users provide ideas, suggestions, recommendations, or other feedback regarding the GWMApp Service (“Feedback”), the Client grants ECE Global a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback for any purpose, including product development and improvement, without attribution or compensation.
We are not obligated to implement or acknowledge any Feedback.

9. PROHIBITED ACTIVITIES

In addition to the restrictions set forth in Section 1 (Access and Use) , the Client and its Authorized Users shall not:

1. access or use the GWMApp Service for any unlawful, fraudulent, or unauthorized purpose;

2. attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service or related systems;

3. introduce or transmit viruses, malware, or other harmful code;

4. use any automated system, script, or bot to access or interact with the Service, except through documented application programming interfaces (APIs) we expressly provide;

5. engage in conduct that harasses, threatens, or abuses any employee, contractor, or other user of the Service;

6. use the Service to collect or harvest information about others without consent; or

7. use the Service in any manner that could disable, overburden, or impair its performance or security.

Any use of the Service in violation of this section constitutes a material breach of these Terms and may result in suspension or termination under Section 7 (Cancellation and Termination).

10. USER-GENERATED CONTENT

If the GWMApp Service allows the Client or its Authorized Users to submit or share content (“User Content”) that may be viewed by others within the Client’s organization or workspace, the following terms apply:

1. The Client represents and warrants that it and its Authorized Users own or have sufficient rights to all User Content they upload or share and that such content does not infringe any third-party rights or violate applicable law.

2. The Client grants ECE Global a non-exclusive, worldwide, royalty-free license to host, display, and process User Content solely as necessary to operate and provide the Service.

3. We do not claim ownership of any User Content and are not responsible for content shared by the Client or its Authorized Users.

4. The visibility of User Content depends on the Client’s account and access-control settings. User Content is not made publicly available except as explicitly configured by the Client.

11. USER CONTENT LICENSE

If the GWMApp Service allows the Client or its Authorized Users to submit or share content (“User Content”) within the Service, the Client grants ECE Global a limited, non-exclusive, revocable, worldwide, royalty-free license to host, process, and display such User Content solely as necessary to operate, maintain, and improve the Service.

We do not acquire ownership of User Content, and we do not sell, publish, or disclose it except (i) as directed by the Client, (ii) as required by law, or (iii) as described in our Privacy Policy. This license terminates automatically when the Client deletes the User Content or when the subscription ends.

12. USER REVIEWS

If the GWMApp Service allows Clients or Authorized Users to submit ratings, testimonials, or feedback (“Reviews”), the following terms apply:

1. Reviews must be based on genuine firsthand experience, must not contain offensive, defamatory, or unlawful material, and must comply with applicable law.

2. Clients may not post Reviews designed to mislead or manipulate others, including false or competitive reviews.

3. ECE Global reserves the right to moderate, edit, or remove Reviews that violate these Terms or that we determine are inappropriate.

13. WARRANTY DISCLAIMER

Except as expressly provided in these Terms, the GWMApp Service and all related content, software, and materials are provided “as is” and “as available”, without warranty of any kind, whether express, implied, statutory, or otherwise.

ECE Global specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising out of course of dealing, usage, or trade practice.

We do not warrant that the Service will meet the Client’s requirements, operate without interruption, be secure or error-free, or that any data or results obtained from the Service will be accurate or reliable.

The Client is solely responsible for determining whether the Service meets its technical and business needs before use.

Without limiting the foregoing, ECE Global does not warrant that any Ruleset or Ruleset Output constitutes complete or definitive compliance with a Referenced Source. Compliance determinations remain subject to the applicable governing requirements and qualified professional review.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply where prohibited by law.

14. STANDARDS-INFORMED RULESETS AND USER RESPONSIBILITY

a) Nature of Rulesets.

ECE Global develops and maintains technical Rulesets that may be informed by industry standards, codes, customer specifications, organizational specifications, engineering requirements, or other governing technical sources (collectively, "Referenced Sources"). Rulesets are proprietary technical interpretations and executable logic used to assist with the preparation, validation, review, and management of welding-related documents and records. Rulesets may be created, reviewed, approved, and version-controlled in a separate Ruleset Manager application and transferred to GWMApp through controlled Excel-based rule packages or other authorized import formats.

b) Ruleset Access.

The Ruleset Manager is a separate, non-public application used to develop, review, approve, version, and export Rulesets for controlled transfer into GWMApp. It is not part of the GWMApp Service licensed to the Client under these Terms. Unless expressly authorized by ECE Global, the Client and its Authorized Users are not provided access to the Ruleset Manager or to underlying Ruleset definitions, source logic, rule syntax, decision trees, condition expressions, calculation structures, internal rule dependencies, or imported rule-package content. Users interact with Rulesets only through the applicable GWMApp workflows and may review the resulting values, warnings, validations, calculations, document fields, or other outputs presented in the relevant welding document or application workflow.

c) Application-Specific Outputs.

The Service may use approved Rulesets to generate, populate, calculate, or validate information within welding-related forms and records, including preliminary welding procedure specifications, welding procedure specifications, procedure qualification records, welding procedure qualification records, welder or welding operator qualification records, production weld test records, inspection and test plans, inspection records, and related documentation. The underlying logic used to produce a result is not required to be disclosed to the Client or Authorized User.

Approved Rulesets are transferred from the separate Ruleset Manager into GWMApp through controlled Excel-based rule packages or other authorized import formats. GWMApp shall execute only the imported, approved Ruleset version made available to the applicable workflow. The source standard or specification used to develop the Ruleset is not included in the transferred rule package and is not imported into GWMApp.

d) Technical Interpretation.

Rulesets are independently developed GWMApp technical interpretations intended to assist users in applying identified technical requirements within a specific application context. A Ruleset is not an official interpretation issued by the organization responsible for a Referenced Source unless expressly stated by that organization.

e) Authoritative Source.

The applicable licensed standard, code, specification, drawing, contract, or other governing requirement remains the authoritative source. If a GWMApp result differs from, conflicts with, or does not address an applicable governing requirement, the governing requirement controls.

f) User Review and Approval.

The Client acknowledges and agrees that it is responsible for reviewing, validating, and approving documents and results generated or supported by the Service. Where the Service requires approval or electronic signature of a welding document, the approving person is responsible for determining that the document, including applicable Ruleset-generated results, is technically acceptable for its intended use and applicable governing requirements.

g) Independent Verification.

The Client shall maintain access to the applicable licensed edition of each Referenced Source required for its activities and shall independently verify generated documents and validation results against applicable governing requirements as required by the Client’s quality system, contract, regulatory obligations, professional responsibilities, or applicable GWMApp workflow. Use of the Service is not a substitute for possession, review, or professional application of the governing source.

h) Ruleset Revisions.

Rulesets may be revised in response to changes in standards, codes, specifications, official interpretations, errata, engineering practices, software functionality, or identified technical issues. A later Ruleset revision does not automatically establish that a previously generated or approved document is invalid. The Client remains responsible for determining the applicable source edition and document requirements for each project or activity.

i) Error Reporting.

If the Client identifies a potential error, omission, or disagreement regarding a GWMApp interpretation or generated result, the Client is encouraged to notify ECE Global. ECE Global may review and, where appropriate, update or refine the applicable Ruleset or software implementation.

15. REFERENCED SOURCES, LIBRARY CONTENT, AND THIRD-PARTY STANDARDS

a) No Distribution of Standards.

GWMApp does not provide, sell, sublicense, distribute, or make available copies of third-party industry standards or proprietary specifications as part of the Client’s software subscription. Access to standards-informed functionality does not constitute access to, ownership of, or a license for the applicable Referenced Source.

b) Client Obligation to Obtain Applicable Sources.

The Client is responsible for legally obtaining and maintaining access to the applicable licensed edition of each standard, code, specification, or other governing document required for its activities. The applicable edition may be determined by contract, drawing, customer specification, regulatory requirement, engineering requirement, or other controlling document and may not necessarily be the most recently published edition.

c) Source References and Traceability.

The Service may identify a standards organization, document number, edition, clause, table, paragraph, or similar source reference for technical traceability. Such citation does not reproduce or provide the Referenced Source and does not grant any rights in that source.

d) Source Documents Used for Ruleset Development.

Referenced Sources used during Ruleset development in the separate Ruleset Manager process are not transferred to GWMApp and are not made available to GWMApp license holders through the Service. Only the approved rule package and necessary source-reference metadata are transferred into GWMApp. Source documents may be maintained only in an access-controlled, company-private environment when ECE Global has appropriate rights and a documented need to retain them. Where retention is not required or authorized, working copies may be deleted following completion and approval of the applicable Ruleset. Deletion of a source document does not expand or modify rights granted by its copyright owner or licensor.

e) No Substitution for Referenced Sources.

The Service is designed to support application of technical requirements through application-specific outputs and is not intended to reproduce, replace, or serve as an electronic substitute for the Referenced Source. The Service does not provide users with the full underlying standards text, tables, figures, or complete rule structure unless separately authorized.

f) Library Content.

The GWMApp Service may include libraries, examples, templates, data sets, or informational materials developed by ECE Global or supplied by authorized users. GWMApp library content provides examples and general information for guidance only. When copying or applying such content, the Client is solely responsible for its review, update, approval, accuracy, and suitability for the intended use.

g) Third-Party Rights.

All third-party standards, codes, specifications, publications, trademarks, and other intellectual property remain the property of their respective owners. GWMApp does not claim ownership of third-party standards and does not represent that its Rulesets, interpretations, software, or documentation are approved, certified, authorized, sponsored, or endorsed by ISO, AWS, ASME, or any other standards organization unless such authorization has been expressly obtained.

h) User-Provided Sources.

If the Client provides a standard, specification, drawing, procedure, or other source document to ECE Global for configuration, support, or development of a Ruleset in the separate Ruleset Manager process, the Client represents that it has sufficient authority and rights to provide the document for the requested purpose. Such source documents are not thereby made part of the GWMApp Service and are not made available to other GWMApp license holders. Submission does not transfer ownership of the source document to ECE Global. ECE Global may decline, restrict, remove, or delete material where use may violate applicable intellectual-property rights, confidentiality obligations, contractual restrictions, or law.

i) Publisher-Specific Rights.

Use of a Referenced Source by ECE Global remains subject to the applicable copyright owner’s or licensor’s terms. Nothing in these Terms grants ECE Global or the Client rights in a third-party publication beyond rights lawfully obtained from the applicable rights holder. ECE Global may restrict, modify, suspend, or discontinue standards-informed functionality where necessary to comply with third-party licensing requirements or applicable law.

j) Standards Notice.

Where appropriate, the Service may display a notice substantially similar to: “GWMApp interpretation. Consult the applicable licensed standard or specification for authoritative requirements.” Such notice is intended to reinforce, and does not limit, the Client’s independent verification obligations under these Terms.

16. INDEMNIFICATION

1. ECE Global Indemnification.

ECE Global will defend the Client against any third-party claim alleging that the authorized use of the GWMApp Service itself infringes or misappropriates such third party’s intellectual-property rights, and will indemnify and hold harmless the Client from damages, costs, or expenses (including reasonable attorneys’ fees) finally awarded by a court of competent jurisdiction or agreed to in settlement, to the extent arising from such claim and subject to the exclusions below.

ECE Global’s obligations under this Section shall apply only if the Client:

promptly notifies ECE Global in writing of the claim;

provides reasonable cooperation and assistance in the defense; and

grants ECE Global sole control over the defense and settlement of the claim (provided that ECE Global may not settle any claim in a manner that imposes liability or admission of fault on the Client without the Client’s prior written consent).

If such a claim is made or appears likely, ECE Global may, at its option and expense:

1. modify the Service to make it non-infringing;

2. (ii) obtain a license for the Client’s continued use; or

3. terminate the affected portion of the Service and provide a pro-rata refund of any prepaid fees covering the remainder of the subscription term for the terminated Service.

ECE Global’s indemnification obligations shall not apply to claims arising from:

1. use of the Service in combination with software, hardware, or data not provided or approved by ECE Global;

2. modifications to the Service made by anyone other than ECE Global;

3. Client Data, Third-Party Content, Referenced Sources, or third-party standards/specifications;

4. use of the Service in violation of these Terms; or

claims based on the existence, interpretation, use, licensing status, or alleged reproduction or operationalization of a Referenced Source, except to the extent a separate written agreement expressly states otherwise. Nothing in this Section grants or expands any right to use a third-party standard or specification or creates a license in any Referenced Source.

2. Client Indemnification.

The Client will indemnify, defend, and hold harmless ECE Global, its affiliates, officers, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

any Client Data, including any allegation that Client Data infringes or misappropriates a third party’s intellectual property or other rights, or violates applicable law;

the Client’s or any Authorized User’s breach of these Terms or of applicable law;

use of the Service in connection with High-Risk Activities or other purposes not permitted under these Terms; or negligence or willful misconduct by the Client or its Authorized Users.

ECE Global reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by the Client, in which event the Client will cooperate fully with ECE Global in asserting any available defenses.

3. Sole Remedy.

This Section 16 (Indemnification) sets forth each party’s entire liability and the other party’s exclusive remedy for any third-party claims alleging intellectual property infringement or misappropriation relating to the GWMApp Service.

17. LIMITATION OF LIABILITY

To the maximum extent permitted by law, ECE Global, its affiliates, suppliers, and licensors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business interruption, even if advised of the possibility of such damages.

In no event will the aggregate liability of ECE Global arising out of or relating to these Terms or the use of the GWMApp Service, whether in contract, tort (including negligence), strict liability, or any other legal theory, exceed the total amount paid by the Client for the GWMApp Service during the three (3) months immediately preceding the event giving rise to the claim, or ten thousand U.S. dollars (USD $10 000), whichever is greater.

The limitations set forth in this Section apply to all claims collectively, regardless of the number of incidents or claims, and survive termination of these Terms.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such cases, these limitations apply only to the extent permitted by applicable law.

18. UNSOLICITED SUBMISSIONS

ECE Global does not accept or consider unsolicited ideas, concepts, or other materials outside the normal feedback features of the GWMApp Service. If you nonetheless submit such materials (“Submissions”), you agree that:

1. the Submissions are non-confidential;

2. ECE Global may use or disclose them for any lawful purpose without obligation or compensation; and

3. no fiduciary or confidential relationship is created by your submission.

19. TERM AND TERMINATION

1. Term.

The subscription term for the GWMApp Service (“Subscription Term”) begins on the start date specified in the applicable order, account setup, or subscription confirmation (the “Start Date”) and continues for the initial subscription period indicated therein (the “ Initial Term ”). Unless otherwise specified, the Initial Term is twelve (12) months.

At the end of the Initial Term, the subscription will automatically renew for successive renewal terms equal in duration to the Initial Term (each a “Renewal Term”) unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current term.

The Subscription Term collectively refers to the Initial Term and any Renewal Terms.

2. Termination for Cause.

Either party may terminate these Terms or the Client’s subscription, effective upon written notice to the other party, if the other party:

Materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice of it; or

Becomes insolvent, makes an assignment for the benefit of creditors, or is subject to bankruptcy or similar proceedings.

In addition, ECE Global may suspend or terminate the Client’s access to the Service immediately upon written notice if:

the Client fails to pay any undisputed amount within ten (10) days after written notice of non-payment;

the Client or its Authorized Users use the Service in violation of Section 1 (Access and Use) or Section 9 (Prohibited Activities); or

ECE Global is required to do so by law or governmental order.

3. Effect of Termination.

Upon expiration or termination of the Subscription Term for any reason:

The Client’s and all Authorized Users’ access to the GWMApp Service will cease;

The Client must immediately stop using the Service and delete, destroy, or return any materials or documentation provided under these Terms;

The Client remains responsible for all fees and charges accrued up to the effective termination date; and

Except as expressly provided herein, prepaid fees are non-refundable.

Upon written request made within thirty (30) days after termination, ECE Global will provide the Client with limited access to export its data, after which ECE Global may delete or anonymize Client Data in accordance with its data retention policy.

4. Survival.

The following provisions will survive expiration or termination of these Terms: Fees and Payment, Ownership and Feedback, Warranty Disclaimer, Indemnification, Limitation of Liability, Standards-Informed Rulesets and User Responsibility, Referenced Sources, Library Content, and Third-Party Standards, and any other terms that by their nature should reasonably survive termination.

20. THIRD-PARTY SERVICES AND RELATED TERMS

1. Cloud Infrastructure and Third-Party Content.

The GWMApp Service is hosted on third-party cloud infrastructure and may include or interoperate with software, data, or services provided by third parties (collectively, “Third-Party Services”). These Third-Party Services are subject to their own terms and conditions, and the Client’s use of them through the GWMApp Service constitutes acceptance of those terms. ECE Global is not responsible for the acts or omissions of any Third-Party Service provider.

1. Scope of Responsibility.

ECE Global’s obligations for any part of the GWMApp Service that relies on Third-Party Services are limited to the extent of the corresponding third-party provider’s obligations to ECE Global. ECE Global does not provide any warranties or indemnities beyond those it receives from such providers.

2. Data Processing and Privacy.

Processing of personal data within the GWMApp Service is governed by the ECE Global Data Processing Addendum (DPA) and the ECE Global Privacy Policy, both available on . By using the Service, the Client acknowledges and agrees to those documents, including any jurisdiction-specific terms applicable to the Client.

3. Changes to Terms.

ECE Global may modify these Terms or any incorporated documents (including the DPA or Privacy Policy) upon at least 30 days’ notice before the effective date of the changes. Notice may be provided via email or by posting the revised version on the GWMApp website or within the Service. Continued use of the Service after the effective date constitutes acceptance of the changes. If the Client does not agree, it may terminate the Service before the effective date by giving written notice to ECE Global.

4. Data Processing Addendum.

If ECE Global processes Personal Data on behalf of the Client in connection with the provision of the GWMApp Service, such processing shall be governed by the Data Processing Addendum (Attachment A) , which forms an integral part of these Terms. In the event of any conflict between these Terms and the Data Processing Addendum, the latter shall control with respect to data-protection obligations.

21. CONFIDENTIALITY

1. Definition.

“Confidential Information” means all non-public information disclosed by either party (“ Disclosing Party ”) to the other (“Receiving Party”) that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes business, technical, financial, and product information, software, and data.

1. Obligations.

The Receiving Party shall:

use Confidential Information solely to perform or receive the Services;

protect the Disclosing Party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, but not less than reasonable care;

and not disclose Confidential Information to any third party except its employees, contractors, or professional advisers who have a legitimate need to know and are bound by confidentiality obligations no less protective than those in these Terms.

2. Exclusions.

Confidential Information does not include information that:

is or becomes publicly available without breach of these Terms;

was known by the Receiving Party before disclosure;

is independently developed without use of or reference to the Confidential Information; or

is received lawfully from a third party without restriction.

3. Compelled Disclosure.

If the Receiving Party is legally compelled to disclose Confidential Information, it shall, to the extent permitted by law, provide prior notice to the Disclosing Party to allow it to seek protective measures.

4. Return or Destruction.

Upon termination of the Services, each party shall return or destroy all Confidential Information of the other, except as required by law or for archival purposes.

22. MISCELLANEOUS

1. Entire Agreement.

These Terms of Service, together with any applicable order, Privacy Policy, Data Processing Addendum, and other documents referenced herein, constitute the entire agreement between ECE Global (“ECE Global”) and the Client regarding the GWMApp Service. They supersede all prior or contemporaneous agreements, proposals, or communications, whether written or oral, relating to the subject matter hereof. In case of conflict between these Terms and an order, the order will prevail only as to that specific subscription.

1. Notices.

All legal notices, requests, or other formal communications (“Notices”) must be in writing and delivered by hand, courier, certified mail, or email (with confirmation of transmission) to the addresses below or any replacement provided by notice:

To ECE Global:
Attn: Legal Department
Leesburg, FL 34748 USA
Email: contact@gwmapp.com

To Client:

The address or email associated with the Client’s account or specified in the applicable order.

Notices are deemed received on the date of delivery, or if sent by email, on the date of confirmed transmission.

2. Force Majeure.

Neither party will be liable for any delay or failure to perform obligations (except payment duties) due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, strikes, utility or internet outages, or governmental actions. The affected party will use reasonable efforts to mitigate and resume performance as soon as practicable.

3. Amendment and Waiver.

No amendment or modification of these Terms is valid unless made in writing and signed (electronically or otherwise) by authorized representatives of both parties. No waiver of any right or remedy is effective unless in writing and signed by the waiving party. Failure or delay in enforcing any right does not constitute a waiver.

4. Severability.

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

5. Governing Law and Jurisdiction.

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law rules.
The parties agree to resolve any disputes first through good-faith negotiations. If unresolved, disputes will be submitted to binding arbitration administered by the American Arbitration Association in Orlando, Florida, under its Commercial Arbitration Rules. Either party may seek temporary or injunctive relief in any court of competent jurisdiction.

6. Assignment.

The Client may not assign or transfer any of its rights or obligations under these Terms without ECE Global’s prior written consent. ECE Global may assign these Terms, in whole or in part, without restriction, including to an affiliate or successor by merger, acquisition, or sale of assets.

7. Export Compliance.

The Client agrees to comply with all applicable import, export, and trade laws and regulations, including those of the United States (such as the Export Administration Regulations, International Traffic in Arms Regulations, and programs administered by the Office of Foreign Assets Control). The Client represents and warrants that it and its Authorized Users are not located in or associated with any jurisdiction or entity subject to U.S. sanctions or restrictions.

8. U.S. Government Rights.

If the Client is using the GWMApp Service on behalf of the U.S. Government, the Service is provided as “commercial computer software” and “commercial computer software documentation” under applicable federal acquisition regulations. Use, duplication, or disclosure is subject to the restrictions in those regulations.

9. Equitable Relief.

Each party acknowledges that a breach or threatened breach of its obligations regarding Confidential Information, Intellectual Property Rights, or Access and Use Restrictions may cause irreparable harm. In such cases, the non-breaching party may seek equitable relief (including injunctions or specific performance) without the need to post bond or prove actual damages.

10. Electronic Communications, Transactions, and Signatures

By accessing the GWMApp Service, creating an account, or communicating with ECE Global electronically (including via the website, mobile application, email, or online forms), you consent to receive all agreements, notices, disclosures, and other communications from us electronically. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.
You further consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the GWMApp Service. You waive any requirement for original signatures or paper records, to the extent permitted by applicable law.

23. DEFINITIONS

For the purposes of these Terms of Service (“Terms”), the following definitions apply:

“Authorized User” means Client’s employees, contractors, consultants, agents, or other individuals

8. authorized by Client to access and use the GWMApp Service in accordance with these Terms, and

9. (ii) for whom access credentials or subscriptions have been purchased by Client.

“Client Data” means all non-public or proprietary data, information, and materials (including Personal Data , as defined in the Data Processing Addendum) submitted, uploaded, or otherwise provided by or on behalf of Client or its Authorized Users through the GWMApp Service. Client Data excludes System and Usage Data.

“Cloud Hosting Provider” means any third-party hosting provider, such as Amazon Web Services (AWS), Microsoft Azure, or similar, from which ECE Global procures computing resources used to operate the GWMApp Service.

“Documentation” means any user guides, manuals, reference materials, or technical instructions provided by ECE Global (electronically or in print) or made available through the GWMApp platform or website.

“ECE Global IP” means all intellectual property rights owned by or licensed to ECE Global, including software, source code, databases, APIs, algorithms, user interface design, documentation, and all related content and materials provided through the GWMApp Service. ECE Global IP excludes Client Data.

“GWMApp Service” or “Service” means the cloud-based software-as-a-service (SaaS) platform operated by ECE Global, including the web application, mobile applications, related APIs, data storage, and processing components.

“Losses” means any damages, liabilities, penalties, settlements, or costs (including reasonable attorneys’ fees and expenses) incurred in connection with an indemnified claim under these Terms.

“Order” means any online or written order, purchase, or subscription by which Client acquires access to the GWMApp Service, as accepted by ECE Global.

“Personal Data” means any information relating to an identified or identifiable natural person as defined under applicable data protection laws.

“Subscription Term” means the initial period of Client’s subscription to the GWMApp Service, as stated in the applicable Order, and any renewal or extension thereof.

“System and Usage Data” means technical and operational data related to the performance, use, or operation of the GWMApp Service, including anonymized metrics, diagnostic information, and aggregated statistics derived from Client’s or Authorized Users’ interaction with the Service. System and Usage Data does not include Client Data.

“Technical and Organizational Measures” means the security and privacy controls implemented by ECE Global as described in the Data Processing Addendum.

“Term” means the Subscription Term for the GWMApp Service and any applicable renewal or extension periods.

“Referenced Source” means any industry standard, code, customer specification, organizational specification, engineering requirement, drawing, contract requirement, or other technical source referenced in connection with a Ruleset, library item, workflow, or generated document.

“Ruleset” means approved technical logic, including conditions, formulas, calculations, relationships, applicability criteria, validation criteria, decision logic, workflow instructions, and related implementation, that may be developed and controlled outside GWMApp and then imported into the Service for execution to generate, populate, calculate, or validate application-specific outputs.

“Ruleset Manager” means a separate, non-public application used by authorized personnel to develop, manage, review, approve, revise, version, and export Rulesets for controlled transfer into GWMApp. The Ruleset Manager is not part of the GWMApp Service licensed under these Terms.

“Ruleset Output” means a value, calculation, warning, validation result, document field, qualification range, recommendation, status, or other application-specific result generated through execution of a Ruleset and presented within an authorized GWMApp workflow or document.

“Third-Party Content” means third-party software, data, integrations, standards, or other materials that are accessible through or used in conjunction with the GWMApp Service, whether licensed, linked, or otherwise provided.

24. NOTICES

All notices required or permitted under these Terms must be in writing and delivered by hand, certified mail, courier, or electronic mail to the addresses specified below (or any updated address provided in writing):

To ECE Global:
ECE Consulting, Inc. d/b/a ECE Global
Attn: Legal Department
456 S Oak Street
Itasca, IL 60143, United States
Email: contact@gwmapp.com

To Client:
The email or physical address associated with the Client’s account or specified in its subscription order.

Notices are deemed received: (a) on the date of delivery if sent by hand or courier; (b) three (3) days after mailing; or (c) on the date of transmission if sent by email (unless a bounce-back is received).

25. PRIVACY, COOKIES, AND DATA PROCESSING

We care about privacy and the security of Client Data. The GWMApp Privacy Policy is incorporated into these Terms by reference. The GWMApp Cookie Policy describes cookies and similar technologies used on the Sites and available consent controls. Where ECE Global processes Personal Data on behalf of the Client, the Data Processing Addendum (Attachment A) applies.

Your use of the GWMApp Service is subject to our Privacy Policy and, where applicable, our Cookie Policy and Data Processing Addendum. These documents describe how personal information, Client Data, cookies, and similar technologies are handled. Where the DPA applies and conflicts with these Terms regarding processor obligations for Client Data, the DPA controls to the extent of that conflict.

The Ruleset Manager is a separate internal application and is not part of the GWMApp Service licensed to customers. Source standards or specifications used during ruleset development are not transferred into GWMApp as part of approved rule packages. Personal information or Client Data processed in connection with authorized Ruleset Manager activities remains subject to applicable confidentiality, privacy, contractual, and data-protection obligations.

26. COPYRIGHT INFRINGEMENT CLAIMS

ECE Global respects the intellectual-property rights of others and expects Clients and Authorized Users to do the same.

If you believe that any material accessible through the GWMApp Service infringes your copyright, please send a written notice to:

DMCA Agent

ECE Consulting, Inc. d/b/a ECE Global

Attn: Legal Department

456 S Oak Street
Itasca, IL 60143, United States

Email: contact@gwmapp.com

Your notice must include the information required by 17 U.S.C. § 512(c)(3).

ECE Global will promptly review and, where appropriate, remove or disable access to the allegedly infringing material.

27. GOVERNING LAW AND DISPUTE RESOLUTION

1. Governing Law.

These Terms, and any dispute arising out of or relating to them or the GWMApp Service, are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.

2. Informal Resolution.

Before initiating arbitration or legal proceedings, the parties agree to attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms through informal discussions for at least thirty (30) days after written notice of the dispute.

3. Binding Arbitration.

If the dispute cannot be resolved through informal negotiation, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration shall be conducted in Orlando, Florida, in English, before a single arbitrator.

The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

4. Restrictions.

Arbitration under these Terms is limited solely to the dispute between the parties. No arbitration shall be joined with any other proceeding, and class actions, collective actions, and representative proceedings are not permitted.

5. Injunctive Relief.

Nothing in this section prevents either party from seeking temporary or permanent injunctive relief in court to protect its intellectual property or Confidential Information.

6. U.S. Government Rights.

If the Services are acquired by or on behalf of a U.S. Government agency, they are provided as “commercial items” under FAR 2.101, and subject to FAR 12.211, FAR 12.212, and DFARS 227.7202-3 and 252.227-7015, as applicable.

7. Venue.

To the extent any court proceedings are permitted under this section, exclusive jurisdiction and venue shall lie in the state and federal courts located in Orange County, Florida, and each party irrevocably submits to that jurisdiction.

28. CALIFORNIA RESIDENTS NOTICE

If you are a California resident and have a complaint regarding the Services that you feel has not been satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834 , or by telephone at (800) 952-5210 or (916) 445-1254.

This notice is provided pursuant to California Civil Code §1789.3.

29. CONTACT US

If you have questions, complaints, or requests regarding these Terms or your use of the GWMApp Service, please contact us at:

ECE Consulting, Inc. d/b/a ECE Global

456 S Oak Street

Itasca, IL 60143 United States

📞 (847) 250-5240

📧 contact@gwmapp.com

For privacy inquiries, contact privacy@gwmapp.com. The Privacy Policy, Cookie Policy, and Data Processing Addendum are available through GWMApp or www.gwmapp.com.

Attachment A – Data Processing Addendum (DPA)

Effective Date: 05 September 2026

Applies to: ECE Consulting, Inc. d/b/a ECE Global (“ECE Global”) and the Client (“you”).

Purpose: This DPA forms part of the GWMApp Terms of Service and governs the processing of Personal Data by ECE Global in connection with the provision of the GWMApp software-as-a-service platform (“Service”).

1. Definitions

For purposes of this DPA:

“Controller” / “Business” means the entity that determines the purposes and means of processing Personal Data (the Client).

“Processor” / “Service Provider” means the entity that processes Personal Data on behalf of the Controller (ECE Global).

“Personal Data” means any information relating to an identified or identifiable natural person as defined under applicable data-protection laws.

“Processing” means any operation performed on Personal Data (such as collection, recording, storage, use, disclosure, or deletion).

“Sub-processor” means any third party engaged by ECE Global to process Personal Data in connection with the Service.

“Applicable Data Protection Laws” means all laws and regulations relating to privacy, data protection, or data security that apply to the processing of Personal Data, including the EU GDPR, UK GDPR, and CCPA/CPRA.

2. Roles of the Parties

The Client acts as Controller/Business for Personal Data provided or uploaded to the Service.

ECE Global acts as Processor/Service Provider, processing such Personal Data solely for the purpose of providing the Service in accordance with the ToS and this DPA.

3. Processing Details

ECE Global will not process Personal Data for any purpose other than providing the Service or as required by law.

4. Client Instructions

ECE Global will process Personal Data only on documented instructions from the Client, including those contained in the ToS, except where required by law. If required to process Personal Data by applicable law, ECE Global will inform the Client (unless legally prohibited).

5. Confidentiality

ECE Global shall ensure that all personnel authorized to process Personal Data are subject to confidentiality obligations consistent with this DPA.

6. Security Measures

ECE Global will implement and maintain technical and organizational measures designed to protect Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.

These measures include access controls, encryption at rest and in transit, network monitoring, regular security testing, and staff training.

7. Sub-processors

ECE Global may engage Sub-processors to provide hosting, infrastructure, or support services.

A current list of Sub-processors is available upon request at contact@gwmapp.com.

ECE Global will:

enter into written agreements with Sub-processors imposing equivalent data-protection obligations; and

remain liable for their performance.

8. Data Subject Rights

ECE Global will assist the Client, insofar as possible, in responding to data-subject requests to exercise rights under applicable data-protection laws (access, correction, deletion, restriction, portability, and objection).

9. Security Incidents

ECE Global will notify the Client without undue delay after becoming aware of a Personal Data breach, and will provide reasonable information to enable the Client to comply with its reporting obligations.

10. Data Transfers

If Personal Data is transferred outside the country of origin, ECE Global will ensure that such transfers comply with applicable data-transfer mechanisms (e.g., EU Standard Contractual Clauses or other legally approved safeguards).

11. Return or Deletion of Data

Upon termination or expiration of the Service, ECE Global will, at the Client’s choice, delete or return all Personal Data (unless retention is required by law or to protect legal interests).

Aggregated, anonymized data used for analytics or system improvement may be retained.

12. Audit and Compliance

ECE Global shall make available to the Client information reasonably necessary to demonstrate compliance with this DPA and will allow for audits (no more than once per year) by the Client or an independent auditor under confidentiality obligations.

13. Liability and Indemnification

Each party’s liability arising from or in connection with this DPA is subject to the limitations of liability set forth in the Terms of Service.

14. Miscellaneous

If any provision of this DPA is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. In case of conflict between this DPA and the ToS, this DPA shall control regarding the processing of Personal Data.

15. Contact

Questions about this DPA or data-protection practices may be directed to:

📧 contact@gwmapp.com 📞 (847) 250-5240

ECE Global
Leesburg, FL 34748 USA
Phone: (847) 250-5240