Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") govern access to and use of Livio Power, the website, application, APIs, exports, data screens, AI-assisted outputs, alerts, emails, and related services provided by Livio Building Systems Inc. ("Livio", "we", "us", or "our"). By creating an account, requesting a magic-link sign-in, submitting information, accessing a private workflow, or using the service, you agree to these Terms.

If you are using Livio Power for a company, fund, utility, landowner, developer, broker, consultant, contractor, or other organization, you represent that you have authority to bind that organization. If you do not agree, do not use the service.

2. Privacy Policy

Our Privacy Policy at /privacy explains how we collect, use, retain, protect, and disclose information. It is incorporated into these Terms by reference. By using Livio Power, you acknowledge that Livio may process information as described in the Privacy Policy.

3. Screening-only service

Livio Power helps users focus diligence for power-ready AI data center site decisions. It ranks, summarizes, and exports signals from public, licensed, user-provided, third-party, and estimated data sources.

Livio Power does not provide professional engineering, legal, tax, accounting, investment, environmental, title, water-rights, surveying, real estate brokerage, utility interconnection, load-flow, protection, permitting, procurement, or construction advice. Outputs are preliminary screens and must be independently verified by qualified professionals and the applicable utility, landowner, regulator, or authority having jurisdiction.

• No score, tier, MW signal, RFS estimate, source label, confidence label, map layer, export, dossier, alert, email, or AI-assisted response is a guarantee of available capacity, interconnection approval, land control, water availability, permitability, tariff treatment, incentive eligibility, financing outcome, construction cost, or schedule.
• You assume all responsibility for decisions, investments, site control actions, utility submissions, permit filings, financing, procurement, construction, commercial negotiations, and other actions based on or related to use of the service.

4. Accounts, sign-in, and acceptance

You must provide accurate account and contact information and keep it current. We may use passwordless magic links or other authentication methods. You are responsible for safeguarding access to your email account and for all activity under your account.

When you create or access an account, Livio may require an affirmative checkbox or equivalent clickwrap acceptance of the current Terms and Privacy Policy. Livio may record the email address, timestamp, and policy versions accepted to maintain an audit trail of consent.

5. Your content and permissions

You retain ownership of information, files, prompts, searches, notes, site data, project details, feedback, and other content you submit to Livio Power ("User Content"). You grant Livio a limited, worldwide, non-exclusive license to host, process, transmit, display, reproduce, modify, and create derivative operational data from User Content as needed to provide, secure, support, analyze, improve, and develop Livio tools and products.

You are responsible for ensuring that you have the rights and permissions needed to submit User Content. Do not submit regulated, export-controlled, classified, sensitive personal, protected health, payment-card, or third-party confidential information unless you have authority and the use is lawful.

6. Product improvement and aggregated data

Livio may use searches, saved sites, dossiers, exports, interactions, feedback, operational telemetry, support communications, and User Content to improve source coverage, ranking logic, data quality, workflows, user experience, prompts, agents, AI-assisted features, and other Livio products and services.

Where practical, Livio uses aggregated or de-identified information for analytics, benchmarking, research, product development, and quality improvement. Livio will not intentionally publish or market your client name, company name, project identity, specific site location, or identifiable confidential project details without permission, except where the information is already public or disclosure is legally required.

7. Third-party data and external services

The service may display or rely on public records, open data, third-party data, licensed data, maps, AI providers, email providers, hosting providers, analytics, and other external services. Livio does not control those sources and does not guarantee their accuracy, completeness, timeliness, availability, or continued access.

Source attribution, links, logos, or names do not imply endorsement, partnership, certification, or warranty by any source provider, utility, regulator, or third party.

8. Acceptable use

• Do not use the service unlawfully, deceptively, or to infringe rights.
• Do not reverse engineer, scrape, overload, interfere with, bypass access controls, probe security, or attempt unauthorized access.
• Do not submit malware, harmful code, unlawful content, or data you are not authorized to use.
• Do not rely on outputs as the sole basis for utility, land, financing, engineering, construction, legal, permitting, procurement, environmental, or investment decisions.
• Do not represent Livio outputs as certified, guaranteed, endorsed by a utility, or approved by a regulator unless Livio has expressly said so in a signed written agreement.

9. Confidentiality and public use

Each party may receive non-public information from the other. The receiving party must use reasonable care to protect confidential information and may use it only for the service relationship unless the disclosing party permits broader use.

Livio treats identifiable client and project information as confidential unless you approve disclosure, the information is already public, or disclosure is required for legal, safety, security, support, or service-operation reasons.

10. Intellectual property and feedback

Livio and its licensors own Livio Power, including software, designs, interfaces, workflows, scoring logic, source catalogs, analytics, documentation, models, prompts, templates, trademarks, and other proprietary technology. These Terms do not transfer Livio intellectual property to you.

If you provide suggestions, corrections, ideas, or feedback, Livio may use them without restriction or compensation, provided Livio does not intentionally disclose your confidential information except as described in these Terms and the Privacy Policy.

11. Disclaimers

To the maximum extent permitted by law, Livio Power and all outputs are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. Livio disclaims all warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, uninterrupted operation, error-free operation, data availability, and results.

Livio does not warrant that any site is buildable, financeable, available, permitted, interconnectable, water-served, land-controlled, cost-effective, or capable of meeting a requested ready-for-service date.

12. Limitation of liability and release

To the maximum extent permitted by law, Livio, its affiliates, officers, directors, employees, contractors, agents, licensors, suppliers, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, lost profits, lost revenue, lost business, loss of goodwill, loss or corruption of data, procurement of substitute services, project delay, construction loss, financing loss, interconnection loss, permitting loss, site-control loss, or investment loss arising from or related to the service or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Livio's total aggregate liability for all claims arising from or related to the service or these Terms will not exceed the greater of the amount you paid Livio for the service in the twelve months before the event giving rise to the claim or $100.

You release Livio from claims arising out of your reliance on, use of, or inability to use the service, including decisions or actions involving site selection, power procurement, utility engagement, land acquisition, water rights, environmental diligence, permitting, financing, procurement, construction, or commercial negotiations.

13. Indemnification

You will defend, indemnify, and hold harmless Livio and its affiliates, officers, directors, employees, contractors, agents, licensors, suppliers, and service providers from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from your User Content, your use of the service, your decisions or actions based on outputs, your breach of these Terms, your violation of law, or your infringement or misuse of third-party rights.

14. Changes, suspension, and termination

Livio may modify the service, add or remove features, update data sources, change scoring logic, suspend access, or stop providing the service at any time. We may update these Terms by posting a revised version with a new effective date. If changes are material, we may require renewed acceptance before continued account access.

Livio may suspend or terminate access if we believe your use creates security, legal, operational, reputational, or commercial risk, or if you violate these Terms.

15. Governing law and contact

If you have a signed order form, master services agreement, or other written agreement with Livio, that agreement controls where it conflicts with these Terms. Otherwise, these Terms are governed by California law, without regard to conflict-of-law rules, and disputes will be handled in the state or federal courts located in San Mateo County, California, unless applicable law requires otherwise.

Questions about these Terms may be sent to [email protected] or +1-650-397-9530.