Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services, software, and products (collectively, "Services") provided by Hoosei Limited trading as NRGKIT ("NRGKIT", "we", "us", or "our"). Please read these Terms carefully. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Summary

We provide AI energy monitoring and optimization services through our SDK, API, and platform.
All intellectual property created by us remains our property unless explicitly agreed otherwise in a separate written agreement.
We offer our services through monthly, quarterly, or annual subscription plans with fees detailed below.
Client confidentiality is paramount; we protect your business information and expect the same respect for our proprietary technology.
These Terms may be updated periodically; continued use of our Services constitutes acceptance of any changes.

Acceptance of Terms
Definitions
Services Description
Account Registration and Security
Intellectual Property Rights
Client Responsibilities
Fees and Payment
Confidentiality
Term and Termination
Disclaimers and Limitations of Liability
Indemnification
Governing Law and Dispute Resolution
Changes to Terms
Miscellaneous
Contact Information

Acceptance of Terms

By accessing or using 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 a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

If you do not agree with these Terms, you may not access or use our Services. We reserve the right to refuse service to anyone for any reason at any time.

Definitions

Throughout these Terms, the following definitions apply:

Services: All services, software, products, features, and technologies offered by NRGKIT, including but not limited to our SDK, API, energy monitoring tools, optimization recommendations, and related digital solutions.
Client: The business entity or individual that engages NRGKIT to provide Services.
Client Data: Any data, information, materials, or intellectual property provided by the Client to NRGKIT for use in connection with the Services, including data about AI models and their energy consumption.
SDK: The Software Development Kit provided by NRGKIT for integration with Client's AI systems to monitor and optimize energy usage.
API: The Application Programming Interface that allows programmatic access to NRGKIT's Services.
Intellectual Property: Patents, copyrights, trademarks, trade secrets, and any other intellectual property rights recognized in any jurisdiction worldwide.
Subscription Plan: The specific service tier and billing cycle selected by the Client, which determines the features, usage limits, and pricing of the Services.

Services Description

NRGKIT provides tools and technologies that help developers monitor, analyze, and optimize AI energy consumption. Our platform offers real-time energy usage tracking, performance-to-energy tradeoff analysis, and optimization recommendations for AI models.

Our specific Services include, but are not limited to:

SDK for real-time AI energy monitoring
Energy usage analytics and visualization
AI model efficiency recommendations
Performance-to-energy tradeoff analysis
Global leaderboard for energy-efficient AI models
Embeddable energy efficiency widgets and labels
API access for programmatic interaction with our platform

We offer our Services through various subscription models, including monthly, quarterly, and annual commitments, each with associated terms and potential benefits for longer commitments.

We reserve the right to modify, suspend, or discontinue any part of our Services at any time. We will make reasonable efforts to notify Clients of significant changes that may impact ongoing services.

Account Registration and Security

To access certain features of our Services, you must create an account. When you register for an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials, including your API keys, and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms or if we believe your account is being used fraudulently.

Intellectual Property Rights

NRGKIT's Intellectual Property:

Except as expressly set forth in a separate written agreement, NRGKIT retains all right, title, and interest in and to our Services, including all related intellectual property rights. This includes, but is not limited to, our SDK, API, software, technology, methodologies, processes, designs, algorithms, and any derivatives or improvements thereof.

Client's Intellectual Property:

You retain all ownership rights in your Client Data. By providing Client Data to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of providing the Services to you and improving our Services.

License to Use Services:

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

Feedback:

If you provide us with any feedback, suggestions, or ideas regarding our Services, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose without compensation to you.

Attribution:

Unless otherwise agreed in writing, we reserve the right to use Client's name and a general description of the Services provided in our portfolio and marketing materials. We will not disclose confidential details of the engagement without Client's prior written consent.

Client Responsibilities

To facilitate the successful delivery of our Services, you agree to:

Use the Services in accordance with these Terms and all applicable laws and regulations.
Ensure you have all necessary rights to the Client Data you provide to us.
Maintain appropriate security measures to protect your account credentials, API keys, and access to any systems or tools we provide.
Accurately represent the nature and characteristics of your AI models when submitting them to our platform.
Not attempt to reverse engineer, decompile, or disassemble any part of our Services.
Not use the Services to develop a competing product or service.
Pay all fees and expenses as outlined in your subscription plan.

Failure to fulfill these responsibilities may result in suspension or termination of your account, additional costs, or impact on the quality of Services, for which NRGKIT cannot be held responsible.

Fees and Payment

Subscription Plans and Pricing

We offer the following subscription plans for our Services:

Starter Plan

$199/month

Perfect for small teams and startups.

Features:

Up to 3 AI models
Basic real-time monitoring
Standard dashboard & reports
Email support
Public leaderboard listing

Annual option:

$2,030 per year (save 15%)

Professional Plan

Enterprise Plan

$1,499/month

For large organizations with complex needs.

Features:

Unlimited models
Multi-site support
Dedicated onboarding
Regulatory compliance tools
24/7 priority support
Custom integration support

Annual option:

$15,290 per year (save 15%)

Need custom pricing or have questions?

Contact our sales team

Payment Terms

Payment Methods:

We accept payment via credit card, bank transfer, or other methods specified during the checkout process. All fees are quoted in US Dollars (USD) unless otherwise specified.

Subscription Periods:

Subscriptions are available on monthly, quarterly, or annual billing cycles. Annual subscriptions include a 15% discount compared to monthly billing.

Auto-Renewal:

Subscriptions automatically renew at the end of each billing cycle unless canceled at least 14 days before the renewal date.

Late Payments:

Late payments may incur interest charges at the rate of 1.5% per month (or the maximum rate permitted by law, if lower) on the outstanding balance from the due date until paid in full. We reserve the right to suspend Services until payment is received.

Taxes:

All fees are exclusive of taxes. You are responsible for paying all applicable taxes, including sales, use, Value Added Tax (VAT), Goods and Services Tax (GST), and any other similar taxes or charges imposed by any governmental entity, except for taxes based on NRGKIT's net income.

Fee Changes:

We reserve the right to change our fees for future subscription periods. Any fee changes will not affect the current subscription period and will take effect upon renewal.

Confidentiality

Confidential Information:

During the course of our engagement, each party may disclose to the other certain confidential information. "Confidential Information" means any information disclosed by one party to the other that is marked as confidential or would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

Protection of Confidential Information:

Each party agrees to: (i) protect the confidentiality of the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (ii) use the other party's Confidential Information only for the purpose of performing obligations or exercising rights under these Terms; and (iii) limit access to the other party's Confidential Information to those of its employees, contractors, and agents who need such access for purposes consistent with these Terms and who have signed confidentiality agreements with the receiving party.

Exclusions:

The confidentiality obligations do not apply to information that: (i) is or becomes publicly known through no fault of the receiving party; (ii) was known to the receiving party before disclosure by the disclosing party; (iii) is rightfully received by the receiving party from a third party without restriction; or (iv) is independently developed by the receiving party without access to the disclosing party's Confidential Information.

Duration:

The confidentiality obligations under this section will survive the termination of these Terms for a period of three (3) years, except for trade secrets, which will remain confidential for as long as they qualify as trade secrets under applicable law.

Term and Termination

Term:

These Terms will remain in effect until terminated as described below or until your subscription ends and is not renewed.

Termination by You:

You may terminate your subscription at any time by canceling it through your account settings or by contacting our support team. Your subscription will remain active until the end of the current billing period, at which point it will not renew.

Termination by NRGKIT:

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. We may also terminate or suspend your account if your usage of the Services poses a security risk, could adversely impact our systems, or could subject us to liability.

Effect of Termination:

Upon termination, your right to use the Services will immediately cease. We may delete or archive any data associated with your account in accordance with our data retention policies. Any provisions of these Terms that by their nature should survive termination will survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Refunds:

No refunds will be provided for any prepaid but unused Services unless required by law or as specifically stated in these Terms.

Disclaimers and Limitations of Liability

Disclaimer of Warranties:

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NRGKIT DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

No Guarantee of Energy Savings:

While our Services aim to help you monitor and optimize energy usage in AI systems, we do not guarantee any specific level of energy reduction, cost savings, or performance improvements. The effectiveness of our Services depends on numerous factors, many of which are beyond our control.

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NRGKIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NRGKIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Cap on Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NRGKIT'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO NRGKIT DURING THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Exceptions:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless NRGKIT, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your Client Data caused damage to a third party.

Governing Law and Dispute Resolution

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. This choice of law applies regardless of the client's location, providing consistency in the interpretation and enforcement of these Terms.

Dispute Resolution:

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.

No Class Actions:

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Injunctive Relief:

Notwithstanding the foregoing, in the event of your or others' unauthorized access to or use of the Services in violation of these Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you via email to the email address associated with your account or through a notification when you access the Services.

By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Services.

Miscellaneous

Entire Agreement:

These Terms, together with any documents expressly incorporated by reference, constitute the entire agreement between you and NRGKIT regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

No Waiver:

No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of NRGKIT to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Severability:

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Assignment:

You may not assign or transfer these Terms, by operation of law or otherwise, without NRGKIT's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. NRGKIT may freely assign or transfer these Terms without restriction.

Force Majeure:

Neither party shall be liable for any failure or delay in performance under these Terms for causes beyond that party's reasonable control, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility.

Notices:

Any notices or other communications provided by NRGKIT under these Terms will be given by posting to the Services or by email to the email address you provide us. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Contact Information

If you have any questions about these Terms, please contact us:

Legal Inquiries: legal@nrgkit.com
General Contact: hello@nrgkit.com
Address: 10 Upper Grosvenor Road, Tunbridge Wells, England, TN1 2EP