Terms and Conditions

Dear User, welcome to Nexenergie, accessible at https://nexenergie.ai (hereinafter – the "Website", "Nexenergie"), which is the product fully owned, developed, and operated by Inquatro Inc., registration number: 365018138, registered at the address: 447 Broadway, New York, New York 10013, United States (hereinafter – "Company", "Inquatro", "We", "Us", "Our" in different cases). Any individual or entity who accesses, browses, or otherwise uses the Website (hereinafter – "User", "You", "Your" in different cases) is subject to these Terms and Conditions.

Please read these Terms and Conditions (hereinafter – "Terms") carefully before starting to use the Website. These Terms govern Your access to and use of the Website, including any publicly available content, descriptions, and materials accessible without registration ("Public Content"), as well as any features, tools, or services that require registration of an account and, where applicable, an active paid Subscription ("Services"). The Services are described in more detail in Section 4 below.

By visiting the Website, You agree to be bound by these Terms with respect to Your use of the Public Content. If You create a Personal Account and/or purchase a Subscription to access the Services, You additionally agree to all applicable provisions of these Terms governing registration, Subscription, payment, and use of the Services, prescribed below. If You do not agree to all or any of these Terms, You may not access or use the Website.

These Terms, together with the Privacy Policy (and, where applicable, any Subscription Terms accepted upon registration), are incorporated herein by reference and constitute the entire agreement (the "Agreement") between You and the Company regarding Your access to and use of the Website, and supersede any prior agreements, communications, or representations, whether oral or written. These Terms must be read and interpreted in conjunction with the Privacy Policy. You may not use the Website without first reviewing these documents. By agreeing to these Terms, You confirm that You have read and understood the Privacy Policy and agree to the processing of Your Personal Data as described therein.

For the avoidance of doubt, the Services made available on the Website are informational and analytical in nature only, based on the processing and analysis of publicly available data, and in certain cases private data, and do not constitute financial, investment, legal, tax, or other professional advice. Your use of the Services is further subject to the disclaimers set out in Section 11.

1. Definitions

1.1 Personal Account – an account created after registering on the Website that contains information about the User and provides a possibility to obtain a Subscription. A Personal Account may be either: (i) an "Admin Account", created by a natural person on behalf of a legal entity registering for the Services, which allows such person to register the legal entity, purchase and manage Subscriptions, and invite additional individuals to access the Services on behalf of the same legal entity; or (ii) a "User Account", created for an individual invited by the holder of an Admin Account, which allows such individual to access and use the Services on behalf of the relevant legal entity without the ability to manage the Subscription.

1.2 Subscription – a recurring, fee-based access to the Services offered for a defined period of time, which grants a right to use all features and updates during the paid term.

1.3 Subscription Fee – fee that You pay to use Our certain Services.

1.4 Subscription Term – a period during which You are authorized to use the Services under a valid paid Subscription, including any automatic renewals unless and until terminated.

1.5 Personal Data – any information relating to an identified or identifiable natural person, including without limitation account information (such as name, e-mail address etc.) provided by a User or its personnel in connection with registration for and use of the Services, as further described in the Company's Privacy Policy.

1.6 Third Parties – any individuals, organizations, or entities other than the Company, its affiliates, officers, directors, employees, agents, or subsidiaries.

1.7 User Operational Data – technical, operational and commercial information relating to a User's energy assets, portfolios, market participation and trading activities (including without limitation asset type (e.g., solar, wind, battery storage), capacity (MW), location, market, generation or consumption data, asset availability and operational parameters, portfolio composition, market positions, bids, orders, transactions, trading volumes, prices, imbalance data, asset constraints, trading parameters, and other relevant technical parameters) provided by the User for purposes of configuring the Services, as further described in the Company's Privacy Policy.

2. Eligibility

2.1 You are not authorized to create a Personal Account with Nexenergie or/and access or use Services through the Website unless all of the following are true:

2.1.1 Admin Account:

2.1.1.1 You use Our Website and Services at Your sole option, discretion and risk;

2.1.1.2 You are solely responsible for any applicable taxes or other legal liabilities which may be payable or arise while using Our Services;

2.1.1.3 You are a legal entity that qualifies as a professional participant in energy markets in accordance with Section 2.2, and the natural person accepting these Terms and creating the Admin Account on Your behalf has full legal capacity and authority to bind You to these Terms;

2.1.1.4 You agree to pay the Subscription Fees for Our Services. We may change the Subscription Fees from time to time;

2.1.1.5 You will comply, and ensure that all individuals accessing the Services on behalf of the legal entity comply with these Terms and all applicable local, state, national and international laws, rules and regulations;

2.1.1.6 You are responsible for managing access to the Services for individuals authorized by the legal entity and for maintaining the confidentiality of Admin Account credentials.

2.1.2 User Account:

2.1.2.1 You have been invited to access the Services by the holder of an Admin Account acting on behalf of a legal entity that maintains an active Subscription;

2.1.2.2 The holder of the relevant Admin Account has requested, through the functionality of the Platform, that You be granted access to the Services on behalf of the relevant legal entity;

2.1.2.3 You access and use the Services solely on behalf of and for the benefit of the legal entity associated with the relevant Admin Account;

2.1.2.4 You use Our Website and Services at Your sole option, discretion and risk;

2.1.2.5 You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations;

2.1.2.6 You acknowledge that a User Account does not grant any right to purchase, modify, renew, cancel or otherwise manage a Subscription, unless expressly authorized by Nexenergie in writing.

2.2 The Services are provided exclusively on a business-to-business (B2B) basis to legal entities that qualify as professional participants in energy markets, including without limitation:

2.2.1 Energy trading companies;

2.2.2 Independent power producers (IPPs);

2.2.3 Operators of battery energy storage systems (BESS);

2.2.4 Virtual power plants (VPPs); and

2.2.5 Providers of energy management software and related energy technology solutions (EMS, BMS);

2.2.6 Any other entity that the Company, at its sole discretion, approves as a professional participant in energy markets.

2.3 By registering for or subscribing to the Services, the registering entity represents and warrants that it falls within one of the categories listed above, or is otherwise a professional participant in energy markets of a substantially similar nature.

3. Personal Account

3.1 To use Services, You must first register and create a Personal Account via Our Website.

3.2 After registering, You can log in to Your Personal Account at Our Website with the credentials You provided during the creation of the Personal Account.

3.3 A User can delete a Personal Account at any time. Please note that if You decide to delete Your Personal Account, Your money for the Subscription to Our Services is not refundable.

3.4 You agree to maintain the confidentiality of Your access credentials and accept responsibility for all activity that occurs under Your session or e-mail identity.

3.5 We reserve the right to remove, reclaim, or modify any User identifiers or access rights at Our sole discretion if We determine that such use is inappropriate, unlawful, or otherwise objectionable.

3.6 These Terms survive the termination of a Personal Account.

4. Scope of Services

4.1 Certain sections of the Website, including general marketing materials, descriptions of the Website and its functionalities, and other similar informational content, are accessible to any User without the need for registration or a paid Subscription. Access to such Public Content does not entitle a User to access or use the Services.

4.2 Description of Services. Subject to registration and an active paid Subscription in accordance with Section 5, and to the eligibility requirements set out in Section 2, the Company makes available to Users an artificial intelligence-based platform that generates forecasts, analytics, and derived indicators ("Signals") relating exclusively to physical spot electricity markets, including day-ahead, intraday, and balancing/ancillary services markets (including FCR, aFRR, and imbalance markets) within the European Union, as well as decision-support outputs derived from such forecasts and from User Operational Data, including without limitation trading strategy recommendations, portfolio allocation recommendations, bid and volume recommendations, dispatch schedules, scenarios, and optimization results. The Services do not extend to, and the Company does not provide any forecast, analysis, or Signal in respect of, futures, forwards, options, or any other financial or derivative instruments relating to electricity.

4.3 Nature of Signals. Signals are data-driven, market-level indicators derived from the Company's price forecasts and may include, without limitation, directional session indicators, price-spike probability notifications, and negative-price warnings, each accompanied by a forecast value, a confidence interval, an applicable time window, and an indication of the underlying drivers. Signals relate to the market as a whole and do not constitute personalized investment recommendations or advice to buy, sell, or otherwise transact. As of the date of these Terms, Signals relating to a given market are identical for all Users subscribed to that market; differences between Users reflect only the markets and models to which each User has subscribed.

4.4 Customization. The Website allows Users to configure certain operational parameters of their use of the Services, including the selection of markets and models displayed, the setting of alert thresholds, the selection of assets within a User's portfolio (based on the User Operational Data, as defined in Section 1.7, provided by the User) , and the configuration of notification delivery channels. Such configuration is made entirely at the User's discretion; the Website may propose reasonable default values but does not provide personalized recommendations as to how a User should configure such parameters. Configuration by a User affects only the presentation of information to that User and does not alter the underlying content of any forecast or Signal.

4.5 Proprietary Technology. The forecasting models underlying the Services are proprietary to, and developed in-house by, the Company. The Company does not rely on Third Party artificial intelligence services or external providers to generate forecasts or Signals. Such models are trained on publicly available market data, including data published by market and system operators and meteorological data sources.

4.6 The Services are purely informational and analytical in nature. The Company is not a financial intermediary, investment firm, trading counterparty, aggregator, or balancing responsible party, and does not hold User funds or assets. The Company does not participate in any market, execute transactions, submit bids or offers on any exchange, or manage any User's assets. All trading and operational decisions remain the sole responsibility of the User. Further disclaimers regarding the nature of the Services are set out in Section 11.

4.7 Public Content is available to any User. The Services are available exclusively to Users that meet the eligibility requirements set out in Section 2 and that have completed registration and maintain an active paid Subscription in accordance with Section 5.

5. Subscription, Fees and Payment

5.1 All forecasts, Signals, and other analytical information generated by the Website are made available exclusively to Users who have completed registration and hold an active, paid Subscription. Access to such information is restricted to authorized, paying Users and is not included as part of the Public Content.

5.2 Notwithstanding with the above, a registered User may access the Services under a free trial period of fourteen (14) calendar days (the "Trial Period") prior to purchasing a Subscription. Upon expiry of the Trial Period, access to the Services shall be suspended unless the User proceeds to a paid Subscription in accordance with this Section.

5.3 Subscriptions are offered on a modular basis, with Subscription Fees determined by the markets and forecasting models selected by the User and scaled in accordance with the size of the User's portfolio, as further specified at the time of registration or in the applicable order form. Signals are included as part of the Subscription to the corresponding forecasting model(s), unless and until the Company determines, at its sole discretion, to offer Signals (or any category thereof) as a separately priced feature or Subscription tier, in which case the applicable Subscription Fees and terms shall be as specified on the Website or in the applicable order form. The Company may, upon a User's request, agree to provide custom development or co-development services with respect to specific markets or products, as well as any other individually negotiated scope of services, Trial Period, or other terms, in each case subject to a separate written agreement between the Company and the User.

5.4 Subscriptions are available for the following Subscription Term: twelve (12) months.

5.5 The User shall pay all Subscription Fees applicable to the selected Subscription plan in accordance with the pricing and payment terms specified at the time of registration or in the applicable order form. All Subscription Fees are payable in advance of the applicable Subscription Term, unless otherwise agreed in writing.

5.6 If the Services are unavailable on any given day or for any period during a Subscription Term, whether due to maintenance, technical issues, or any other cause, the Subscription Term shall not be extended or adjusted.

5.7 Except as expressly required by applicable mandatory law, all Subscription Fees paid by the User are non-refundable. Without limiting the foregoing, no refund, credit, or pro-rata reimbursement shall be provided in respect of: (i) any unused portion of a Subscription Term following cancellation, downgrade, or termination by the User; (ii) suspension or termination of access due to the User's breach of these Terms; or (iii) any period of Service unavailability as described in Section 5.5.

5.8 To the maximum extent permitted by applicable laws, We may change Subscription Fees at any time. We will give You reasonable notice of any such pricing changes by posting the new Subscription Fees in Our Services. If You do not wish to pay the new Subscription Fees, You can cancel the applicable Subscription prior to the change going into effect.

5.9 By signing up for certain Subscriptions, You agree that Your Subscription may be automatically renewed. Unless You cancel Your Subscription, You authorize Us to charge You for the renewal term. The period of auto-renewal will be the same as Your initial Subscription Term unless otherwise disclosed to You on the Service. The renewal Subscription Fee rate will be no more than the rate for the immediately prior Subscription Term, excluding any promotional and discount pricing, unless We notify You of such a change prior to Your auto-renewal. If automatic renewal of a Subscription cannot be processed in accordance with these Terms for any reason, including without limitation failure or rejection of payment, access to the Services shall be suspended until the User completes payment for a new or renewed Subscription.

6. Accuracy, Completeness, and Timeliness of Information

6.1 We do not guarantee that the Website will always be available. We reserve the right to suspend or discontinue any part of the Website at any time, without prior notice. We are not liable for any loss, cost, damage, or liability that may arise as a result of such interruptions or discontinuations.

6.2 The information posted on the Website is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions. We do not guarantee that the information available on the Website is accurate, complete, or up to date. Any reliance on such information is at User’s own risk.

6.3 We reserve the right to modify the contents of the Website at any time, but We have no obligation to update any information on the Website. Users agree that it is their responsibility to monitor changes to the Website. We do Our best to publish any new information about the Services or during execution of the Services.

6.4 The Company may at all times and without prior notice make functional, procedural, or technical changes or improvements to the Website. The Company may, but in no circumstances are obliged to, adjust, add, or remove any specific functionality.

7. Third Party Websites and Content

7.1 The forecasts, analytics, and Signals generated by the Website are based, in part, on publicly available data obtained from Third Party websites, including without limitation market and system operators, energy exchanges, transmission system operators, regulatory bodies, and meteorological data providers. The Website does not provide Users with direct access to any Third-Party website, and the Company does not undertake to disclose the specific Third-Party websites underlying any particular forecast, analysis, or Signal, notwithstanding that the underlying data is, in itself, publicly available. Certain such data is presented to Users within the Services where relevant for human analysis.

8. Intellectual Property

8.1 All intellectual property comprised in the Website and the Services, including materials protected by copyright, trademark, patent, trade secret, or other proprietary rights laws, is either owned by, or licensed to, the Company. All trademarks, service marks, and trade names appearing on the Website, including "Nexenergie" and any associated logos, are owned, registered, and/or licensed by the Company.

8.2 All content created or developed by the Company itself (except for Personal Data), including without limitation any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code, applications, forecasting and analytical models and algorithms, data outputs, interfaces, the trade dress of the Services, methods, interactive features and objects, inventions, trade secrets, logos, domains, and customized URLs, together with any derivations thereof, is the intellectual property of the Company. This includes, without limitation, the proprietary artificial intelligence models, forecasting methodologies, and algorithms developed in-house by the Company and used to generate forecasts, analytics, and Signals through the Services, which remain the exclusive property of the Company regardless of the underlying data on which such models are trained. All rights reserved.

8.3 During the active Subscription Term, the Company grants the User a limited, non-exclusive, non-transferable right to access, use, reproduce and internally distribute forecasts, analytics, Signals and other outputs generated through the Services solely for the User's internal business and energy-market operations.

8.4 Any unauthorized, improper use of the Website or its content contrary to the Terms, copying of works, including, but not limited to, the Website code, Website design, articles, video content and videos themselves, is prohibited. If You violate the requirements of these Terms, You may be immediately terminated from accessing the Website, and You will also be liable in accordance with the applicable laws.

9. Prohibited Activities

9.1 The User is required to use the Website for the purposes for which it was created. Any additional unlawful or unauthorized use of the Website constitutes a breach of the Terms, for which the offending User shall be held liable in accordance with the applicable laws.

9.2 In particular, the User agrees to refrain from the following, but not limited to:

9.2.1 Engaging in fraudulent acts;

9.2.2 Altering any Website pages;

9.2.3 Gaining unauthorized access to the Website or its code;

9.2.4 Violating any copyrights or other intellectual property rights (including without limitation copyrights, trademark rights, and broadcasting rights), privacy rights, or other rights of the Company or any Third Party;

9.2.5 Copying, modifying, creating derivative works from, downloading, adapting, reverse engineering, emulating, transferring to other services, translating, compiling, decompiling, or disassembling Our Services or any part thereof;

9.2.6 Probing, scanning or testing the vulnerability of Our Services or any network connected to Our Services;

9.2.7 Taking any action that unreasonably or disproportionately stresses the infrastructure of the Services or the systems or networks connected to the Services, or otherwise interferes with or disrupts any of the Services or the servers or networks that host or make them available, or violates any requirements, procedures, policies or rules of such servers or networks;

9.2.8 Creating of derivative works of any information or materials;

9.2.9 Impersonating another person/entity;

9.2.10 Making copies of the Website, utilizing the Website's code, or taking other acts with the Website's code or other Services listed on the Website;

9.2.11 Restricting or preventing any other User from using the Website;

9.2.12 Using bots, scrapers, crawlers, parsers, or other automated means;

9.2.13 Bypassing or attempting to bypass any security measures of the Website;

9.2.14 Overloading the Website;

9.2.15 Engaging in attacks;

9.2.16 Interfering in any other way with the normal operation of the Services;

9.2.17 Using programs that may be intended to damage, maliciously interfere with, secretly intercept, or expropriate any system, data, or personal information;

9.2.18 Acting contrary to any specific rule or requirement that the Company establishes.

9.3 The only authorized means of accessing or retrieving data, forecasts, Signals, or other information from the Services are: (i) the Website's User interface; and (ii) the Company's licensed application programming interface (API), accessed solely by means of a valid API key issued by the Company. Any access to or retrieval of data, forecasts, Signals, or other information from the Services by any other means is unauthorized and strictly prohibited.

10. Privacy

10.1 To use Our Services, You may be asked to provide certain Personal Data. All the matters regarding Your Personal Data are governed by Our Privacy Policy; therefore, We recommend You, and You should ensure that You have read the Privacy Policy provisions carefully.

10.2 The Company does not collect financial suitability data, including without limitation income, investment objectives, or risk tolerance, from Users or their personnel.

11. Disclaimers and Warrants

11.1 YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOUR USE OF ANY ASPECT OF THE SERVICES IS AT YOUR OWN RISK. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE SERVICES, INCLUDING ANY TRADING, OPERATIONAL, OR COMMERCIAL DECISIONS MADE BY YOU OR YOUR PERSONNEL.

11.2 THE SERVICES CONSIST OF INFORMATIONAL AND ANALYTICAL FORECASTS, SIGNALS, AND RELATED DATA CONCERNING PHYSICAL SPOT ELECTRICITY MARKETS, GENERATED BY MEANS OF PROPRIETARY ARTIFICIAL INTELLIGENCE MODELS TRAINED ON PUBLICLY AVAILABLE DATA. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY FORECAST, SIGNAL, OR OTHER OUTPUT GENERATED BY THE SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA OBTAINED FROM THIRD-PARTY WEBSITES OR SOURCES THAT WE USE TO PROVIDE THE SERVICES, AND WE DO NOT INDEPENDENTLY VERIFY OR AUDIT SUCH DATA. ALL FORECASTS AND SIGNALS ARE PROBABILISTIC IN NATURE, REFLECT MARKET-LEVEL INDICATORS ONLY, AND MAY DIFFER MATERIALLY FROM ACTUAL MARKET OUTCOMES.

11.3 THE SERVICES DO NOT CONSTITUTE, AND SHALL NOT BE CONSTRUED AS, FINANCIAL, INVESTMENT, TRADING, LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE, NOR AS A RECOMMENDATION OR SOLICITATION TO BUY, SELL, HOLD, OR OTHERWISE TRANSACT IN ANY ELECTRICITY PRODUCT OR OTHER INSTRUMENT ON ANY MARKET. WE ARE NOT A FINANCIAL INTERMEDIARY, INVESTMENT FIRM, TRADING COUNTERPARTY, AGGREGATOR, OR BALANCING RESPONSIBLE PARTY, AND WE DO NOT EXECUTE TRANSACTIONS, SUBMIT BIDS OR OFFERS ON ANY EXCHANGE, OR MANAGE ANY USER'S ASSETS. ALL TRADING, BIDDING, AND OPERATIONAL DECISIONS ARE MADE SOLELY AND INDEPENDENTLY BY YOU, AND YOU BEAR SOLE RESPONSIBILITY FOR ANY CONSEQUENCES THEREOF.

11.4 THE SERVICES MAY NOT BE AVAILABLE IN ALL LANGUAGES, IN ALL COUNTRIES, OR FOR ALL ELECTRICITY MARKETS, AND WE MAKE NO REPRESENTATION THAT THE FUNCTIONALITY OF THE SERVICES WOULD BE APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR MARKET.

11.5 THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

11.6 YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

11.7 WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING ANY LOSSES ARISING FROM RELIANCE ON ANY FORECAST OR SIGNAL. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERRORS, INCLUDING MISCONFIGURATION OF ALERT THRESHOLDS, MARKET SELECTIONS, OR OTHER USER-DEFINED PARAMETERS; (II) SERVER FAILURE OR DATA LOSS; (III) UNAUTHORIZED ACCESS TO THE SERVICES; (IV) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING, OR OTHER MEANS OF ATTACK AGAINST THE SERVICES; OR (V) ANY INACCURACY, UNAVAILABILITY, OR DELAY IN DATA OBTAINED FROM ANY THIRD PARTY SOURCE ON WHICH OUR FORECASTING MODELS RELY.

12. Limitation of Liability

12.1 To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall We, Our affiliates or any of Our or their employees, directors, officers, agents, vendors or suppliers be liable to You or to any Third Party for any personal injury, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Services including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages.

12.2 We hereby disclaim any and all liability to You or any Third Party relating to Your use of the Website and its Services.

13. Indemnification

13.1 You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable legal fees) arising out of or related to Your use of the Website and its Services, Your violation of these Terms, or Your infringement of any intellectual property or other rights of any Third Party.

13.2 This obligation shall survive the termination of these Terms and Your use of the Services.

14. Termination

14.1 These Terms are effective until terminated by either You or Us. You may terminate these Terms at any time, provided that You discontinue any further use of the Services. If You violate these Terms, Our permission to You to use the Website automatically terminates.

14.2 We, however, may, in Our sole discretion, terminate these Terms and Your access to Services, at any time and for any reason, without penalty or liability to You or any Third Party. In the event of Your breach of these Terms, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to Us. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Intellectual Property, Disclaimers and Warrants, Limitation of Liability, Indemnification, Applicable Law and Dispute Resolution.

15. Modifications of the Website and the Terms

15.1 The Company may from time to time, at its sole discretion, for any reason, without notice and without any liability to Users or any other person, modify, supplement or amend these Terms. When We do, We will update the "updated on" date at the top of these Terms. Herewith the User’s continued use of the Website and/or any service or functionality of the Website is deemed to be the User’s agreement to the additional terms and conditions (hereinafter referred to as the "Revised Terms") in order to continue using the Website.

15.2 The User agrees that they undertake the obligation and are responsible for tracking changes on Our Website (including changes to these Terms). We do Our best to publish any new information about changes in the Terms, but the User should check the Terms independently each time when going to the Website for updates and/or changes and/or new Terms. In any case, the User is obliged to comply with changes to these Terms from the moment they are entered and published (posted) on the Website.

15.3 We reserve the right, but not the obligation, to:

15.3.1 Monitor the Website for violations of these Terms;

15.3.2 Take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities;

15.3.3 In Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of User’s contributions or any portion thereof;

15.3.4 In Our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems;

15.3.5 Otherwise manage the Website in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Website.

16. Electronic Communications

16.1 Visiting the Website, sending the Company e-mails, and contacting the Company via social media constitute electronic communications. The User consents to receive electronic communications, and the User agrees that all agreements, notices, disclosures, and other communications the Company provides to the User electronically, via e-mail, social media and on the Website, satisfy any legal requirement that such communication be in writing.

17. Applicable Law and Dispute Resolution

17.1 Terms of the Company's Website, and any dispute or claim arising out of or in connection with them or their subject matter, formation, or validity (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of the State of Delaware, USA. The Company and the User also have other rights that are not expressly provided for in the Terms, but which are contained under the laws of the State of Delaware.

17.2 Any disputes that arise between the Company and the User must firstly be negotiated within 30 (thirty) calendar days. If You have any objections to Services, please contact Us by e-mail: support@nexenergie.ai.

17.3 If the parties fail to resolve the dispute through negotiation in accordance with Section 17.2, either party may, at its own election, submit the dispute either to (i) the federal courts of the United States located in the State of Delaware, to whose exclusive jurisdiction each party irrevocably submits for this purpose; or (ii) binding international arbitration administered by the International Chamber of Commerce ("ICC") in accordance with the ICC Arbitration Rules then in effect, to be conducted by a single arbitrator, seated in Delaware, USA, and conducted in the English language. Once a party has validly commenced proceedings under either (i) or (ii) with respect to a given dispute, the other party shall not commence or maintain parallel or subsequent proceedings under the other mechanism with respect to the same dispute, and any arbitral award or court judgment rendered shall be final and binding on the parties.

17.4 To the maximum extent permitted by law, the User agrees that class or collective actions may not be initiated in arbitration, court, or through any other means. All claims, whether pursued in an arbitration, court of law or otherwise, must be submitted solely in the User’s individual capacity, rather than as a plaintiff or member of any alleged class or collective proceeding.

17.5 If any of the provisions of these Terms are found by a court of the USA or a court of other competent jurisdiction to be unenforceable, then such provisions shall be modified, limited or repealed only to the minimum extent necessary to keep these Terms in full force and effect.

18. Contact Us

18.1 In case of any questions when using the Website or for other issues, Users can contact Nexenergie by clicking the “Support” button or via e-mail at support@nexenergie.ai.