Effective Date: July 18, 2023
Please read these Terms and Conditions (“Terms”) carefully before accessing or using our EnergilityDX Data Exchange SaaS (Software as a Service) platform (“Service”). These Terms govern your use of the Service provided by Energility LLC (“Provider,” “we,” or “us”).
YOU MAY NOT ACCESS THE SERVICES IF YOU ARE OUR COMPETITOR, EXCEPT WITH OUR PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS THE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.
BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR ANY INFORMATION ON THE SITE.
These terms are only available in English.
If you have any questions regarding these Terms, please contact us via the Contact Us page on our website energilitydx.com.
1. Acceptance of Terms
By accessing or using our Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, please refrain from accessing or using the Service.
2. Description of Service
Our EnergilityDX Data Exchange SaaS platform allows users to exchange data securely through a cloud-based solution. The Service enables users to upload, manage, and share data with authorized individuals or entities. We reserve the right to modify, suspend, or discontinue the Service, or any part thereof, at any time without prior notice.
3. User Accounts
To access certain features of the Service, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials, and you agree to accept responsibility for all activities that occur under your account. You must provide accurate, current, and complete information during the registration process and keep your account information updated. You must not share your account credentials with third parties or allow unauthorized access to your account.
4. Data Ownership and Security
You retain all ownership rights to the data you upload to the Service. By uploading data, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and distribute the data solely for the purpose of providing the Service. We will take reasonable measures to secure the data stored on our platform, but we cannot guarantee absolute security. You are responsible for implementing appropriate security measures to protect your data and ensuring compliance with applicable data protection laws.
5. Prohibited Conduct
When using the Service, you agree not to: a) Violate any applicable laws, regulations, or third-party rights. b) Upload, transmit, or distribute any harmful, infringing, defamatory, or unlawful content. c) Attempt to gain unauthorized access to the Service or any user accounts. d) Use the Service to send spam, viruses, or any other form of unsolicited communication. e) Interfere with the proper functioning of the Service or disrupt the servers or networks connected to the Service.
6. Intellectual Property Rights
The Service, including all software, technology, trademarks, and content, is owned by or licensed to the Provider. You are granted a limited, non-exclusive, and non-transferable license to use the Service for its intended purpose. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service.
7. Limitation of Liability
To the maximum extent permitted by law, the Provider and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or other intangible losses, arising out of or in connection with the use or inability to use the Service.
8. Indemnification
You agree to indemnify and hold the Provider and its officers, directors, employees, agents, and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.
9. Termination
We reserve the right to suspend or terminate your access to the Service, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States and by Texas state law without regard to its conflicts of laws provisions. Foreign laws do not apply. Any dispute arising out of or relating to these Terms or the Service shall be exclusively brought in the competent courts of Travis County, Texas.
11. Modifications to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
12. General
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is determined to be unlawful or unenforceable by a court, then the Term shall be interpreted to reflect the intentions of the parties and the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and the Provider regarding the Service and supersede all prior agreements and understandings, whether written or oral.