Terms of Service

1. Agreement

These Terms of Service ("Terms") constitute a binding agreement between you and Magnefy, Inc. ("the Company") (301 Grant Street, Suite 4300, Pittsburgh, PA 15222) and govern your use of magnefyhq.com and the Magnefy transformer fault-prediction platform (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Utility operators, industrial facilities, and other organizations that engage the Company under a separate service or pilot agreement are also subject to the terms of that agreement, which controls in the event of any conflict with these Terms.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data, including transformer telemetry or alert data belonging to other operators.
• You may not scrape, reverse-engineer, or copy the Service or its underlying models and algorithms except as permitted by applicable law.
• You agree not to upload or transmit to the Service any data you do not have authority to share, including proprietary operational data belonging to a third party.

3. Intellectual Property

The Service, including all text, graphics, logos, software, electromagnetic signal models, and fault-signature library content, is owned by the Company or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose. Nothing in these Terms transfers ownership of the Company's intellectual property to you.

4. User Content

You are responsible for any content or data you submit through the Service, including via contact forms, demo requests, or console account use. You represent that you have all rights necessary to submit such content and that doing so does not violate any applicable law or third-party right. You grant the Company a limited license to use, store, and process submitted content as necessary to provide the Service and respond to your inquiry. The Company does not use client-submitted operational sensor data to train its machine-learning models without explicit written consent from the applicable client.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FAULT-PREDICTION ALERTS AND ASSET HEALTH SCORES ARE ANALYTICAL OUTPUTS INTENDED TO INFORM MAINTENANCE PLANNING; THEY DO NOT CONSTITUTE A GUARANTEE THAT A SPECIFIC TRANSFORMER WILL OR WILL NOT FAIL, AND THE COMPANY IS NOT RESPONSIBLE FOR MAINTENANCE DECISIONS MADE IN RELIANCE ON THEM.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING DAMAGES RELATING TO EQUIPMENT FAILURE, POWER OUTAGES, OR OPERATIONAL DISRUPTIONS WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100, UNLESS A SEPARATE SERVICE AGREEMENT BETWEEN YOU AND THE COMPANY PROVIDES OTHERWISE.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, the Company's liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any intellectual-property, confidentiality, or data-protection obligation.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive, including Sections 3, 5, 6, 7, 9, and 10.

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law principles.

Informal Resolution. Before filing any claim, you agree to contact the Company at [email protected] and attempt to resolve the dispute informally for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Pennsylvania, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Pennsylvania, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date at the top of this page. Continued use of the Service after the effective date of updated Terms constitutes acceptance of the revised Terms.

11. Contact