Welcome to Power Pro Genius. These Terms of Service ("Terms") govern your access to and use of the Power Pro Genius website, energy management platform, software applications, and all related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.
These Terms constitute a legally binding agreement between you and Power Pro Genius ("we," "us," or "our"). By creating an account, accessing our platform, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Please read these Terms carefully before using our Services. By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. These Terms may be updated from time to time, and your continued use of the Services after any changes constitutes acceptance of the updated Terms.
Power Pro Genius provides intelligent energy management solutions designed to help organizations monitor, analyze, and optimize their energy consumption. Our Services include but are not limited to:
We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice. We also reserve the right to add new features, impose limits on certain features, or restrict access to parts or all of the Services at our sole discretion.
To access certain features of our Services, you may be required to create an account. When registering for an account, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify us of any unauthorized access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. We reserve the right to terminate accounts that violate these Terms or applicable laws.
Account requirements include:
You agree to use our Services only for lawful purposes and in accordance with these Terms. You are solely responsible for all activities that occur under your account. The following uses are strictly prohibited:
You agree to comply with all export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country subject to comprehensive sanctions.
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and all other materials, are owned by Power Pro Genius or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes. This license does not include any rights to:
Any feedback, suggestions, or ideas you provide regarding our Services become our property and may be used without restriction or compensation to you.
We strive to provide reliable and uninterrupted Services, but we cannot guarantee 100% availability. Scheduled maintenance, updates, or unforeseen technical issues may result in temporary service interruptions. We will make reasonable efforts to provide advance notice of planned maintenance.
Service availability may vary depending on the specific service tier and subscription plan you have selected. Details about service levels, uptime guarantees, and remediation procedures are specified in your service agreement or subscription terms.
We are not liable for any service interruptions or failures caused by circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, internet service provider failures, or third-party service issues.
Access to certain features of our Services requires payment of fees as described in your selected subscription plan. All fees are payable in accordance with the terms specified at the time of purchase.
Fee structures may include:
All fees are non-refundable unless otherwise specified in a written agreement. We reserve the right to modify our pricing with 30 days advance notice. Payment is due within the period specified on your invoice, and late payments may incur interest charges.
Both parties agree to maintain the confidentiality of any proprietary or confidential information received from the other party in connection with these Terms. Confidential information includes but is not limited to:
This confidentiality obligation survives the termination of these Terms for a period of five years. Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POWER PRO GENIUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE MONTHS PRECEDING THE CLAIM.
These limitations apply regardless of whether the claim is based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Power Pro Genius, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defending such claims.
These Terms remain in effect until terminated by either party. You may terminate your account at any time by contacting our support team or using the account termination features in your settings. We may terminate or suspend your access to the Services immediately, without prior notice, for any reason including:
Upon termination, your right to use the Services ceases immediately. Data retention and retrieval provisions are described in our Privacy Policy and applicable service agreements.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or your use of the Services shall be resolved through binding arbitration in San Francisco, California.
You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Power Pro Genius. For injunctive relief, you agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.
These Terms constitute the entire agreement between you and Power Pro Genius regarding your use of the Services and supersede all prior agreements and understandings. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice to you.
These Terms are written in English. Any translation provided is for convenience only and shall not affect the interpretation of the English version.
If you have any questions about these Terms of Service, please contact us using the following information:
Power Pro Genius Legal Department
Email: [email protected]
Address: 1250 Innovation Boulevard, Suite 400, Silicon Valley, CA 94025