Terms of Use

These Terms of Use ("Terms") govern your access to and use of the KenergyAI marketing website at kenergyai.com (the "Website"), operated by KenergyAI, Inc. ("KenergyAI," "we," "us," or "our").

1. Acceptance of These Terms

By accessing or using the Website, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Website. If you use the Website on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

2. Website Use Only; Not a Product License

The Website provides general information about KenergyAI and its offerings. These Terms apply only to the Website. They do not grant any license to, or govern the use of, KenergyAI's software, platform, or services. Access to and use of our products and services are governed exclusively by separate written agreements between KenergyAI and its customers. If those agreements conflict with these Terms, those agreements control for the products and services they cover.

3. Permitted Use

You may view, download, and print Website content for your internal business evaluation and informational purposes, provided you keep all copyright and other notices intact. You agree not to:

• Use the Website in violation of any applicable law or regulation
• Copy, modify, distribute, sell, or create derivative works from Website content except as expressly permitted
• Scrape, crawl, or use automated means to collect content or data from the Website, except for standard search engine indexing
• Use Website content to train, develop, or benchmark machine learning or AI models without our prior written consent
• Interfere with or disrupt the Website, its security, or the servers and networks that host it, or attempt to gain unauthorized access to any system
• Submit false, misleading, or unlawful information through any form on the Website
• Impersonate any person or misrepresent your affiliation with any organization

4. Intellectual Property

The Website and its content, including text, graphics, images, designs, software, and the selection and arrangement of content, are owned by KenergyAI or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you, and all rights are reserved.

If you send us feedback or suggestions about the Website or our offerings, you grant us the right to use them without restriction or compensation to you.

5. Trademarks

"KenergyAI" and the KenergyAI logo are trademarks of KenergyAI, Inc. You may not use them without our prior written permission, except to refer accurately to KenergyAI.

Names, logos, and marks of third parties appearing on the Website, including those of customers, partners, universities, utilities, and program sponsors, are the property of their respective owners. Their appearance on the Website does not imply endorsement, sponsorship, or affiliation beyond what is expressly stated.

6. Results, Case Studies, and Performance Statements

The Website may describe past results, case studies, or program outcomes, such as projects at California State University, Northridge (CSUN) and California State University, Dominguez Hills (CSUDH). These results are specific to the particular buildings, systems, operating conditions, weather, occupancy, baselines, and measurement methods involved in those projects.

• Energy, cost, and emissions savings vary by building and are not guaranteed. Past results do not predict future performance.
• Estimates, projections, or illustrative figures on the Website are for general informational purposes only and are not offers or commitments.
• KenergyAI does not guarantee that use of its products or services will achieve compliance with any law, code, standard, or rating program, including California Title 24, building energy performance standards (BEPS), New York City Local Law 97 (LL97), or any particular ENERGY STAR score or certification.
• Any performance commitments apply only if and as expressly stated in a signed customer agreement.

7. Information Is Not Professional Advice

Website content is provided for general informational purposes. It is not engineering, legal, regulatory, financial, or tax advice, and it is not a substitute for advice from qualified professionals about your specific buildings, systems, incentives, or compliance obligations. Information about utility programs, incentives, and regulations may change and may not be current.

8. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT CONTENT IS COMPLETE OR CURRENT.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KENERGYAI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless KenergyAI from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Website or your violation of these Terms.

11. Third-Party Links and Tools

The Website may contain links to third-party websites, and may embed third-party tools such as form or CAPTCHA services. We do not control and are not responsible for third-party websites, tools, content, or privacy practices. Your use of them is at your own risk and subject to their terms and policies.

12. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Website will be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts.

13. Changes to the Website and These Terms

We may modify, suspend, or discontinue the Website at any time. We may update these Terms from time to time by posting the revised version and updating the "Last updated" date. Your continued use of the Website after changes are posted means you accept the updated Terms.

14. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy, are the entire agreement between you and KenergyAI regarding the Website.

15. Contact

Questions about these Terms may be sent to:

KenergyAI, Inc.
Online: through our contact form