These Terms of Service ("Terms") are an agreement between you and N-ERGY AI Solutions, Inc., a Delaware corporation ("N-ERGY," "we," "us"). They govern your use of the N-ERGY platform at app.nergyai.com, our website at nergyai.com, and any related services (together, the "Service"). By creating an account, purchasing a plan, or using the Service, you agree to these Terms and to our Privacy Policy.
If you use the Service on behalf of an organization, you agree to these Terms for that organization and confirm you have authority to do so. "You" then means that organization. If your organization has signed a separate written agreement with us, such as an order form or enterprise agreement, that agreement controls where it conflicts with these Terms.
1. Who may use the Service
The Service is a professional research tool for businesses, research institutions, and individual professionals. You must be at least 18 years old and able to form a binding contract. You may not use the Service if you are barred from receiving it under the laws of the United States or any other applicable country.
2. Your account
You must give accurate, current, and complete information when you register and keep it up to date. You are responsible for all activity under your account, including activity by anyone you allow to use it. Keep your password and sign-in methods secure, and tell us immediately at verification@nergyai.com if you suspect unauthorized access. Each account is for one person. Do not share a single login among multiple people.
3. Plans, credits and payment
Plans. We offer a Free plan, paid monthly plans (currently Starter and Pro), and Enterprise plans under a separate agreement. Current plans and prices are listed on our Pricing page.
Credits. Runs on the Service consume credits. Each plan includes credits, and you may buy additional credit packs. The number of credits a run will consume is shown before you start it. Credits:
- have no cash value and cannot be exchanged for money, except as stated in our Refund and Cancellation Policy;
- are tied to your account and cannot be sold or transferred;
- may only be used on the Service.
We may change how many credits a type of run consumes. Changes apply to runs started after the change, never to a run already in progress.
Billing. Paid plans are billed monthly in advance through our payment processor, Stripe. By subscribing, you authorize us to charge your payment method at the start of each billing period until you cancel. Credit packs are charged once, at purchase. You are responsible for keeping a valid payment method on file.
Failed payments. If a payment fails, we may retry it, pause your plan's credit grants, or downgrade your account to the Free plan until payment succeeds. Your existing work and history remain available to you.
Price changes. We may change our prices. For an active subscription, we will give you at least 30 days' notice by email before a new price applies, and the change takes effect at your next billing period. You can cancel before then.
4. Taxes
Prices do not include taxes. We collect sales tax, VAT, GST, or similar taxes where we are required to, based on the billing address and tax details you provide. You are responsible for providing accurate billing and tax information.
For customers in India: if you provide a valid GSTIN that we verify with the Indian GST system, we do not charge GST, and tax is payable by you under the reverse charge mechanism. If no GSTIN is provided, or the one provided cannot be verified, we charge IGST at the applicable rate. If you later show that a GSTIN was valid at the time of purchase, contact us and we will review the charge under our Refund and Cancellation Policy.
If your organization is exempt from sales tax, send us a valid exemption certificate before purchase. Taxes charged before we receive and accept it are not refundable.
5. Cancellation
You can cancel a paid plan at any time from Settings, Billing, Manage subscription. Cancellation takes effect at the end of your current billing period. You keep your plan and its credits until then, and you will not be charged again. Refunds are covered in our Refund and Cancellation Policy.
6. Your data and your results
You own your data. "Customer Data" means the files, data, prompts, and other material you upload to or enter into the Service. You keep all ownership rights in your Customer Data. You give us a limited license to host, copy, process, and transmit Customer Data only as needed to provide, secure, and support the Service for you, and as required by law.
You own your results. As between you and N-ERGY, you own the analyses, reports, and other output the Service generates for you from your Customer Data ("Results"). Similar or identical Results may be generated for other users, and you do not gain rights in other users' Results.
How we use your data. We do not sell your Customer Data or Results. We may use aggregated, de-identified usage information, such as feature usage and run counts, to operate and improve the Service, as long as it does not identify you or reveal your Customer Data.
Third-party processing. The Service uses third-party providers, including AI model providers, to process your requests. They process Customer Data only to deliver the Service. Our Privacy Policy lists the categories of providers we use.
Your responsibility. You confirm you have the rights and permissions needed to upload your Customer Data and to have us process it. Do not upload data you are not allowed to share with us, such as data restricted by contract or law.
7. Scientific and AI-generated results
The Service uses artificial intelligence, simulations, and automated analysis. Results can be incomplete, inaccurate, or out of date, even when they cite sources or appear precise. Results are not professional, engineering, medical, legal, or safety advice.
You are responsible for independently reviewing and validating Results before relying on them, especially for experimental design, safety-critical work, regulated activities, or decisions with financial, legal, or physical consequences.
8. Export controls and restricted data
You must comply with all applicable export control and sanctions laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). You may not use the Service from, or for anyone in, a country or region subject to comprehensive U.S. sanctions, or for any end use prohibited by those laws.
Unless you have a separate written agreement with us that permits it, do not upload classified information, ITAR-controlled technical data, export-controlled data that requires a license, or other data that requires government-approved hosting. Our standard cloud Service is not authorized for that data.
9. Acceptable use
You may not, and may not help anyone else to:
- use the Service to design, develop, or produce chemical, biological, radiological, or nuclear weapons, or explosives intended to cause harm;
- use the Service for any unlawful purpose, or to infringe or misappropriate anyone's rights;
- access the Service through automated means, such as bots or scrapers, other than through interfaces we provide for that purpose;
- reverse engineer, decompile, or try to extract the source code, models, or underlying components of the Service, except where the law forbids this restriction;
- interfere with the Service's security, performance, or credit and billing systems, or try to obtain credits or features you have not paid for;
- resell, sublicense, or provide the Service to third parties, or use it to build a competing product;
- upload malware or content that is unlawful, harmful, or that you have no right to share.
We may suspend or limit access to protect the Service, other users, or third parties, or to comply with law. Where practical, we will tell you why and give you a chance to fix the problem first.
10. Our intellectual property
The Service, including its software, models, workflows, designs, and documentation, belongs to N-ERGY and its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business and research purposes during your subscription. If you send us feedback or suggestions, we may use them without any obligation to you.
11. Confidentiality
We treat your Customer Data and Results as confidential. We use them only to provide the Service, and we disclose them only to our personnel and service providers who need them for that purpose and are bound by confidentiality obligations, or when required by law. If the law requires us to disclose them, we will notify you first where the law allows.
12. Security
We use reasonable administrative, technical, and physical safeguards designed to protect Customer Data. These include encryption in transit, access controls, and multi-factor authentication for our own systems. No system is completely secure. If we become aware of a security incident that affects your Customer Data, we will notify you without undue delay.
13. Termination
You can stop using the Service and delete your account at any time. We may suspend or end your access if you materially breach these Terms and do not fix the breach within 10 days of our notice, or immediately if your use creates a legal or security risk.
If your account ends, you can export your Results for 30 days afterward, unless the law or the reason for termination prevents it. After that, we delete your Customer Data as described in our Privacy Policy. Sections that by their nature should survive termination, such as ownership, disclaimers, limitation of liability, and governing law, survive.
14. Disclaimers
Except as expressly stated in these Terms, the Service and all Results are provided "as is" and "as available." To the fullest extent permitted by law, N-ERGY disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.
15. Limitation of liability
To the fullest extent permitted by law:
- neither party is liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of their possibility;
- N-ERGY's total liability arising out of or relating to these Terms or the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim, or US $100 if you have not paid us anything.
These limits do not apply to your payment obligations, your breach of section 8 (export controls) or section 9 (acceptable use), or liability that cannot be limited by law.
16. Indemnity
You agree to defend and indemnify N-ERGY against third-party claims arising from your Customer Data, your use of Results, or your violation of these Terms or the law, including reasonable legal fees.
17. Changes to these Terms
We may update these Terms. For material changes, we will notify you by email or in the Service at least 30 days before they take effect. If you keep using the Service after that date, the updated Terms apply. If you do not agree, cancel before the changes take effect.
18. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and both parties consent to their jurisdiction. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other for at least 30 days.
19. General
These Terms, our Privacy Policy, our Refund and Cancellation Policy, and any order form or agreement you sign with us are the entire agreement between you and N-ERGY about the Service. If any provision is unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
20. Contact
N-ERGY AI Solutions, Inc., 2261 Market St, Ste 10065, San Francisco, CA 94114-1612. Support and billing: verification@nergyai.com. Legal notices: info@nergyai.com.