Terms of Service

1. Acceptance of Terms

By accessing and using the OptiBid Energy platform ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your use of our website located at optibid-energy.com operated by OptiBid Energy LLC ("us", "we", or "our").

2. Description of Service

OptiBid Energy provides an enterprise-grade energy trading platform that includes:

• Real-time energy market data and analytics
• Automated trading and optimization algorithms
• Portfolio management and risk assessment tools
• API integrations with energy markets and trading platforms
• AI-powered forecasting and recommendation systems
• Collaboration tools for energy trading teams

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. User Accounts and Registration

To access certain features of our Service, you may be required to register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept all risks of unauthorized access to your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these terms or appear to be used for illegal activities.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable laws or regulations
• Transmit or procure the sending of any advertising or promotional material without our prior written consent
• Impersonate or attempt to impersonate the company, its employees, or other users
• Use any automated system to access the Service in a way that could damage, disable, or impair our servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to infringe upon the intellectual property rights of others
• Upload, post, or transmit any content that is defamatory, obscene, or harmful

5. Energy Trading Compliance

Users conducting energy trading through our platform are solely responsible for compliance with all applicable regulations, including:

• Federal and state energy market regulations
• Financial services and securities laws where applicable
• Environmental and grid operation requirements
• Market operator rules and procedures
• Registration and licensing requirements

We provide tools and data for educational and analysis purposes. Users should consult with legal and regulatory professionals before conducting actual trades.

6. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

By using our Service, you consent to the collection and use of your information as outlined in our Privacy Policy.

7. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by OptiBid Energy LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain any rights you may have to content you submit through the Service, but you grant us a worldwide, royalty-free license to use, reproduce, and distribute such content as part of our Service operations.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF MARKET DATA
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
• WARRANTIES REGARDING THE PERFORMANCE OR RESULTS OF TRADING ACTIVITIES

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPTIBID ENERGY LLC OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Trading Risk Disclaimer

11. Indemnification

You agree to defend, indemnify, and hold harmless OptiBid Energy LLC and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of your use of the Service.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will notify users of any material changes by posting the new Terms on this page with an updated "last modified" date.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

14. Governing Law

These Terms shall be interpreted and governed by the laws of the State of New York, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in New York.

15. Contact Information

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

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms constitute the entire agreement between you and OptiBid Energy LLC regarding the use of the Service and supersede all prior or contemporaneous understandings regarding such use.