Legal
Terms of Service
These Terms of Service explain the rules for using the Xevulon website and for requesting energy storage assessments and related services. They describe acceptable use, intellectual property, disclaimers, limits on liability, dispute resolution, and how to contact us for legal notices.
1. Acceptance of these Terms
These Terms of Service (Terms) are a legally binding agreement between you and Xevulon Energy Storage Consulting LLC (Xevulon, we, us, our) regarding your access to and use of our website, and any request forms or communications you submit through it. By browsing this website, submitting a request, or otherwise using the site, you agree to be bound by these Terms.
If you do not agree to these Terms, do not use the website. If you are using the website on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and the terms you and your will refer to that entity.
Minimum age: You must be at least 16 years old to use this website. If you are between 16 and 18, you may use the website only with the involvement and consent of a parent or legal guardian. The website is not designed for children under 16.
2. Description of services and scope
Xevulon provides information and advisory support related to energy storage systems for efficiency optimization. This may include, depending on the engagement, preliminary storage sizing ranges, operating strategy concepts (such as time-of-use shifting and peak shaving), implementation readiness checklists, and general guidance on monitoring. The website also provides educational content about residential and industrial energy storage concepts.
Scope limitations: Content on this website is for general informational purposes and does not constitute engineering, legal, tax, financial, or safety advice. Storage performance depends on site-specific conditions including load profile, tariff structure, interconnection rules, equipment selection, commissioning, and ongoing operations. Any recommendations provided through the website or via email are based on the information you provide and may require validation by qualified professionals (for example, licensed electricians, professional engineers, and certified installers) before installation or operation.
No guarantee of results: We do not promise specific savings, uptime, or performance outcomes. When we discuss potential benefits, they are examples of common objectives and not a commitment that you will achieve those outcomes.
3. User obligations and lawful use
You agree to use the website in a lawful manner and in compliance with these Terms. You are responsible for the accuracy of information you submit through forms or email, including contact information and any data you provide about your energy use.
If we offer an account or restricted-area access in the future, you agree to maintain the confidentiality of your access credentials, to use only one account per person unless we approve otherwise, and to notify us promptly if you suspect unauthorized access. You may not impersonate another person or misrepresent your affiliation with an organization.
You may not use the website in a way that interferes with its normal operation, compromises security, or imposes an unreasonable load on our infrastructure. You may not attempt to gain unauthorized access to any systems, data, or networks.
4. Intellectual property
The website and its content, including text, graphics, layout, user interface, logos, and underlying code, are owned by Xevulon or our licensors and are protected by intellectual property laws. Xevulon and associated names and logos are trademarks or service marks of Xevulon.
Limited license: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for your personal or internal business use. This license does not permit you to reproduce, distribute, publicly display, create derivative works, reverse engineer, or otherwise exploit the website or content except as expressly allowed by applicable law.
Feedback: If you submit feedback, suggestions, or ideas, you grant us a non-exclusive, worldwide, royalty-free license to use and incorporate them into our products and services without compensation to you.
5. Prohibited activities
You agree not to engage in any of the following activities in connection with the website:
- Scraping, crawling, or harvesting content or data using automated means without our prior written consent.
- Attempting to probe, scan, test vulnerability, or bypass security features of the website.
- Uploading, transmitting, or distributing malware, viruses, or any code designed to disrupt or damage systems.
- Sending spam, unsolicited messages, or deceptive communications through our forms or contact channels.
- Impersonating any person or entity, or misrepresenting your identity or affiliation.
- Using the website to infringe intellectual property or other rights of any person or entity.
- Interfering with or disrupting the website, servers, or networks connected to the website.
- Using the website for unlawful, fraudulent, or harmful purposes.
- Reverse engineering, decompiling, or attempting to extract source code from the website except where permitted by law.
6. Disclaimer of warranties
The website and all content and services provided through it are provided on an as is and as available basis. To the fullest extent permitted by law, Xevulon disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the website will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant that content will be accurate, complete, or current. Any reliance on the website is at your own risk.
Advisory limitations: Energy storage systems involve electrical equipment and operational risks. Decisions about design, installation, and operation should be made with qualified professionals and in compliance with local codes, permits, and manufacturer specifications.
7. Limitation of liability
To the fullest extent permitted by applicable law, Xevulon will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, business opportunities, goodwill, or expected savings, arising out of or related to your use of (or inability to use) the website or any services, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, Xevulon total direct liability for all claims arising out of or relating to the website or services will not exceed the amount you paid to Xevulon in the 12 months immediately preceding the event giving rise to the claim, or one hundred euros (€100), whichever is lower.
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. In those cases, our liability will be limited to the maximum extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold harmless Xevulon and our officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys fees) arising out of or related to: (a) your use of the website; (b) your breach of these Terms; (c) your violation of any law or regulation; or (d) your infringement of any third-party rights.
9. Third-party links and resources
The website may reference or link to third-party websites or resources for convenience. Xevulon does not control and is not responsible for the content, policies, or practices of third parties. Your interactions with third-party sites are governed by their own terms and privacy policies, and you use them at your own risk.
10. Privacy
Our Privacy Policy describes how we collect, use, share, and protect personal data when you use this website. The Privacy Policy is incorporated into these Terms by reference. By using the website, you acknowledge that you have read and understood our Privacy Policy.
If you submit a request through a form, we use the details you provide (such as your name and email address) to respond to your inquiry and provide the requested information. For information on data retention and your rights, refer to the Privacy Policy.
11. Governing law and jurisdiction
These Terms are governed by the laws of the State of New York and, to the extent applicable, the laws of the United States, without regard to conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms, the website, or the services will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.
12. Dispute resolution (informal first)
Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us with a written description of the issue and the relief you are seeking. You must send the notice to the address or email in the Contact section below. We will attempt to resolve the dispute within 30 days of receiving your notice.
If the dispute is not resolved within that 30-day period, either party may pursue a claim in accordance with the Governing law and jurisdiction section. Nothing in this section prevents either party from seeking injunctive or equitable relief to protect its intellectual property or confidential information.
13. Termination and suspension
We may suspend or terminate your access to the website at any time, with or without notice, if we believe you have violated these Terms, created risk for other users, or used the website in a way that could harm our systems or reputation. You may stop using the website at any time.
Sections that by their nature should survive termination will survive, including Intellectual property, Disclaimer of warranties, Limitation of liability, Indemnification, Governing law, Dispute resolution, and Contact.
14. Modifications to these Terms
We may update these Terms from time to time to reflect changes to the website, services, legal requirements, or operational practices. If we make material changes, we will post the updated Terms on this page and update the Last Updated date. Changes will become effective 14 days after posting unless a longer period is required by law.
By continuing to use the website after the effective date of updated Terms, you agree to the revised Terms. If you do not agree to the updated Terms, you must stop using the website.
15. Contact and legal notices
Legal entity: Xevulon Energy Storage Consulting LLC
Address: 350 Fifth Avenue, New York, NY 10118, United States
Phone: +1 (212) 736-8000
Email for legal notices: [email protected]
For general inquiries and project requests, use /contact/ or email [email protected].
Need help with a storage planning request?
If you want to discuss your site objectives and the type of storage strategy you are considering, contact Xevulon. We will explain what information is useful for an initial assessment and how we use it to respond.
By contacting us, you agree that we will use your details to respond as described in our Privacy Policy.