Terms of Service
Last Revised: Nov 28th, 2024
Welcome to Energos.ai! These Terms of Service ("Terms") govern your access to and use of our website, platform, products, and related services (collectively, the "Services"). By accessing, browsing, or using any part of the Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Services.
This agreement (“Agreement”) is between Energos.ai.Inc. (“Energos.ai”, “We”, “Us”) and the person or entity agreeing to the terms of this Agreement (“Customer”, “You”). This Agreement is effective on the earliest of (a) the date Customer signs up to the Service (as defined below); (b) Customer entering into an Order Form (as defined below) or similar form referencing or otherwise incorporating this Agreement; or (c) Customer’s use of the Service (the “Effective Date”).
If you are entering into this Agreement on behalf of your organization, that organization is deemed to be the Customer and you represent that you have the power and authority bind that organization to this Agreement.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
1. Acceptance of Terms
By creating an account, accessing our website, or using our platform and related products, you agree to these Terms, as well as our Privacy Policy, which is incorporated by reference. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Scope of Services
Energos.ai provides sustainability-focused solutions through a platform integrating IoT, AI-driven analytics, predictive maintenance, and asset lifecycle management tools. These Terms govern your access to:
1. The Energos.ai platform, mobile, and desktop applications.
2. Web-based features, tools, and resources.
3. Paid or free subscription plans, including any software or API integrations.
Energos.ai provides tools and solutions for unified data and sustainability management, including but not limited to:
1. A digital platform integrating CMMS, IoT, AI-driven analytics, predictive maintenance, and operations tools.
2. Carbon reporting, energy aggregation, and arbitrage functionality.
3. A connected ecosystem for asset lifecycle management and business process optimization.
4. A website offering informational resources, community engagement, and account management.
These Terms apply to all use cases of our Services, including the website, platform, and any associated products or applications.
2.1 Free Trial:
If you sign up for a free trial of Energos.ai through our website or mobile application, we will provide access to the Service free of charge for the trial duration. The trial ends when the free period concludes or when a paid subscription begins, whichever comes first. Any additional trial-specific terms displayed during registration are incorporated into this Agreement. Please note that data and customizations entered during the trial may be permanently lost unless a paid subscription is activated before the trial ends.
3. Changes to Terms
We reserve the right to update or modify these Terms at any time. We will notify you of significant changes through our website or other communication channels. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.
4. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms.
5. Account Registration and Security
5.1 Account Creation:
To access certain features of the platform or products, you may need to register for an account. You agree to provide accurate, complete, and up-to-date information during registration and to promptly update any information to keep it accurate.
5.2 Account Security:
You are responsible for safeguarding your login credentials. You must notify Energos.ai immediately if you suspect unauthorized access to your account.
5.3 Prohibited Account Activity:
You may not:
1. Share your account credentials with others.
2. Use another user's account without their explicit permission.
3. Create multiple accounts to abuse promotions or circumvent restrictions.
6. Use of the Website
Your use of the Energos.ai website is subject to the following rules:
Content Accuracy: While we strive to provide accurate and current information, we do not guarantee the website's content is error-free.
Prohibited Uses: You may not engage in any activity that disrupts or damages the website or its associated systems.
7. Platform and Product Usage
7.1 License:
Energos.ai grants you a limited, non-exclusive, non-transferable license to use the platform and products solely for your internal business purposes and in compliance with these Terms.
7.2 Data Responsibility:
You are responsible for all data you upload or input into the platform. By doing so, you grant Energos.ai a non-exclusive, worldwide, royalty-free license to host, process, and display your data for the purposes of operating the Services.
7.3 Prohibited Activities:
You agree not to: 1. Reverse engineer, disassemble, or attempt to discover the source code of the platform or products. 2. Use the platform for any purpose that violates applicable laws. 3. Upload malicious code or engage in activities that harm the platform's functionality.
7.4 Usage Limits:
Your use is subject to limits specified in your subscription plan (e.g., number of users, work orders, or data history retention).
8. Fees and Payment
8.1 Subscription Plans:
Energos.ai offers various subscription tiers. Fees for these plans are outlined at the time of subscription and are subject to change. You will be notified of any fee adjustments before they take effect.
Subscriptions may be:
Monthly or Annual: Fees are charged in advance.
Tiered Plans: Limits may apply to users, integrations, or resource usage.
8.2 Upgrades and Downgrades:
Subscription tiers can be adjusted mid-term. Fees or credits are pro-rated based on changes.
8.3 Payment Terms:
All payments are due in advance. Energos.ai reserves the right to suspend or terminate your access to the Services if payment is not received. Payments are non-refundable unless otherwise specified by law.
8.4 Refund Policy:
Fees are generally non-refundable except as required by law or explicitly stated in writing.
9. Intellectual Property
9.1 Ownership:
Energos.ai retains all rights, title, and interest in and to the Services, including all intellectual property rights. Use of the Services does not transfer ownership of any intellectual property to you.
9.2 User Content:
You retain ownership of any content you create or upload but grant Energos.ai the right to process, display, and distribute it as needed to provide the Services.
10. Privacy and Data Security
Your use of the Services is governed by our Privacy Policy, which outlines how we collect, use, and protect your data. By using the Services, you agree to our data practices as described in the Privacy Policy.
10.1 Data Access and Export:
Subscription plans determine the formats and frequency with which you can export your data. Data may not be accessible after termination of services.
10.2 Customer Data:
You retain ownership of data you upload. Energos.ai processes this data solely to provide Services.
11. Third-Party Integrations
Energos.ai may integrate with third-party services. Use of these integrations is subject to the respective third-party terms and policies. Energos.ai is not responsible for third-party service failures or issues.
12. Platform Maintenance and Updates
Energos.ai may deploy updates or make changes to its platform. Scheduled maintenance or outages may temporarily restrict access. Energos.ai is not liable for disruptions caused by updates or system maintenance.
13. Termination
13.1 By You:
You may terminate your account at any time by contacting support@energos.ai. Termination does not relieve you of any payment obligations incurred before termination.
13.2 By Energos.ai:
Energos.ai may suspend or terminate your access to the Services at its sole discretion for violations of these Terms or for any other reason, including non-payment or legal compliance.
14. Disclaimers
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Energos.ai makes no warranties, express or implied, regarding the reliability, accuracy, or fitness of the Services for a particular purpose.
15. Warranties and Liability
15.1 Disclaimer of Warranties:
Energos.ai Services are provided “AS IS” without warranties of any kind.
15.2 Limitation of Liability:
Energos.ai is not responsible for indirect, incidental, or consequential damages, including loss of data or revenue.
16. General Provisions
16.1 Export Compliance
The Services, technology, and any derivatives ma;y be subject to U.S. and international export laws. You represent that you are not listed on any U.S. government denied-party lists. You agree not to permit access or use of the Services in embargoed countries, by prohibited entities, or in violation of export laws.
16.2 Entire Agreement and Order of Precedence:
This Agreement, including all Order Forms, addenda, and applicable Data Processing Agreements (DPA), constitutes the complete agreement between the parties. It supersedes all prior agreements, whether written or oral. In the event of conflict, the order of precedence is: (1) the DPA (if applicable), (2) this Agreement, (3) the Order Form, and (4) accompanying documentation.
16.3 Assignment:
Neither party may assign rights or obligations under this Agreement without prior written consent, except in the case of a merger, acquisition, or sale of assets. However, if the assignment involves a direct competitor, the non-assigning party may terminate this Agreement with notice.
16.4 Relationship of the Parties:
The parties are independent contractors. This Agreement does not create a partnership, joint venture, or employment relationship.
16.5 Publicity:
Energos.ai may use your name and logo to identify you as a customer in marketing materials, on our website, or for investor relations unless you revoke this permission by providing written notice.
16.6 Third-Party Beneficiaries:
This Agreement creates no third-party beneficiaries.
16.7 Waiver:
Failure to enforce any provision of this Agreement does not constitute a waiver of rights.
16.8 Severability:
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will remain in effect.
16.9 Changes:
Energos.ai reserves the right to update these Terms. Changes will take effect on the date specified in the updated Terms. If you do not agree with changes, you may terminate your subscription within 30 days of the notice.
16.10 Force Majeure:
Neither party is liable for failure to perform obligations due to conditions beyond their control, such as natural disasters, acts of war, or government actions.
16.11 U.S. Government Rights:
Energos.ai Services, software, and documentation are “commercial items” as defined in federal regulations. U.S. Government users acquire these under the same terms as other customers.
17. Governing Law and Dispute Resolution
This Agreement and any disputes arising under it will be governed by the laws of the State of California, without reference to its conflict of law provisions. Each party consents to the personal jurisdiction and venue of the state or federal courts located in Los Angeles, California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17. Contact Information
For questions about these Terms, please contact us at:
Email: support@energos.ai
Address: 11049 Magnolia Blvd. North Hollywood 91601
