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Terms of Use

Effective Date: August 31, 2026
Last Updated: August 31, 2026

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and TerraWatt, LLC (“TerraWatt,” “we,” “us,” or “our”) and governs your access to and use of our websites and other online services that link to this Agreement (each a “Site,” and collectively the “Sites”), together with the features and content we make available through the Sites (collectively with the Sites, the “Services”).

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED BELOW.

Your continued access and use of the Services after changes have been made to this Agreement constitutes your acceptance of the revised Agreement. You agree that you will review this Agreement periodically.

If you are accessing or using the Services on behalf of a company or other legal entity (“Organization”), you represent and warrant that you have authority to bind that Organization, and “you” and “your” refer to both you and the Organization.

We are committed to making the Services accessible to all users. If you have difficulty accessing any content or functionality of the Services, please Contact Us.

Note on customer services. These Terms govern use of our public Sites only. TerraWatt’s data-center colocation, hosting, and related services are provided under separate written agreements (e.g., a master services agreement). If there is a conflict between this Agreement and a signed customer agreement, the signed customer agreement controls with respect to the services it covers.

What’s Contained in This Agreement

  • Our Intellectual Property Rights
  • Your Authorized Use of the Services
  • Downloads
  • User Content
  • Accounts (if offered)
  • Third-Party Content and Links
  • Copyright Infringement Notices
  • Updates to This Agreement
  • Other Terms, Conditions, and Policies
  • Important Legal Terms (Termination; Children; Disclaimer of Warranty; Limitation of Liability; Indemnity; Consent to Communication; Severability; Assignment; Government End Users)
  • Disputes, Arbitration, and Class Action Waiver
  • Terms for Users in Certain Geographic Locations
  • Contact Us

OUR INTELLECTUAL PROPERTY RIGHTS

All names, logos, text, designs, graphics, trade dress, interfaces, code, software, images, videos, and other content appearing in or on the Services (“Content”) are protected intellectual property of, or used with permission or under license by, TerraWatt. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Services. Any rights not expressly granted are reserved.

Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and their Content for your internal, informational, and business-evaluation purposes. You may download or print one copy of Content made available for downloading or printing, provided you (i) keep all copyright, trademark, and other proprietary notices intact; (ii) make no modifications; and (iii) make no additional representations or warranties relating to the Content. Except as expressly authorized, you agree not to reproduce, modify, rent, lease, display, transmit, sell, distribute, or create derivative works based on any part of the Services or Content.

YOUR AUTHORIZED USE OF THE SERVICES

While using the Services, you must comply with all applicable laws. You may not use the Services for any fraudulent or unlawful purpose, and you may not interfere with the Services or any other party’s use of them. You may not, without our consent:

  • Post to or transmit through the Services any sensitive personal information about yourself or third parties, unless specifically requested by us;
  • Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Services;
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;
  • Violate, or attempt to violate, the security of the Services;
  • Disseminate any viruses, worms, or other malicious code, or otherwise attempt to damage, disrupt, or gain unauthorized access to the Services or any systems or networks;
  • Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Services;
  • Build a competitive product or service using the Services or their features;
  • Interfere with the operation, hosting, availability, or performance of the Services;
  • Use any data mining, bots, spiders, scraping, or automated tools to access the Services or collect information from them or their users, including for any machine-learning or training purposes; or
  • Assist or permit any person to violate this Agreement or applicable law.

Linking. You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, or defamatory manner and the linking site contains no unlawful or objectionable material. Subject to compliance with our robots.txt file, we grant operators of public search engines permission to use spiders to copy Content solely to create publicly available searchable indices, but not caches, archives, or machine-learning training data. We may revoke these permissions at any time.

DOWNLOADS

The Services may allow you to download certain Content, software, or materials. We make no representation that any download will be error- or malware-free or fit for a particular purpose. Certain downloads may be subject to a separate agreement with us or a third party.

USER CONTENT

If the Services allow you to submit content (for example, through a contact form or inquiry), you retain ownership of your submissions but grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, and display such submissions in connection with operating and improving the Services and our business. You represent that you have the rights necessary to grant this license and that your submissions do not violate any law or third-party right. Do not submit confidential information through the public Sites; use of the Sites does not create any confidentiality obligation on our part except as set forth in a signed agreement.

ACCOUNTS

You are not required to register for an account to access the Services. If we make account features available, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account, and you agree to notify us promptly of any unauthorized use. We may reject or reclaim any user ID in our discretion. WE DISCLAIM LIABILITY FOR LOSSES ARISING FROM YOUR FAILURE TO SAFEGUARD YOUR CREDENTIALS.

THIRD-PARTY CONTENT AND LINKS

Information provided by third parties and made available on the Services reflects the views of the respective authors, not TerraWatt. We do not guarantee the accuracy, completeness, or reliability of any third-party content. We may provide links to third-party websites, social media pages, or services solely as a convenience. If you follow these links you leave the Services and do so at your own risk. We do not endorse or assume responsibility for any linked site or its content. When you visit our social media pages, you are on a third-party platform subject to that platform’s terms. YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, AND RESOURCES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS APPLICABLE TO THOSE RESOURCES.

UPDATES TO THIS AGREEMENT

We may revise this Agreement from time to time. When changes are made, they become effective when published on this page unless otherwise noted, and we will update the “Last Updated” date. We will use reasonable efforts to notify you of material changes. If you do not agree to the modified Agreement, you must discontinue use of the Services. Your continued use signifies your agreement to the revised Agreement.

OTHER TERMS, CONDITIONS, AND POLICIES

This Agreement applies exclusively to your access to and use of the Services and does not alter any other agreement you may have with us. Additional terms may apply to specific portions of the Services or to particular offerings and are incorporated by reference where applicable. Please also review our Privacy Notice to understand how we collect and use information. Nothing on the Sites constitutes an employment contract or an offer of employment.

IMPORTANT LEGAL TERMS

Termination

This Agreement is in effect until terminated by you or us. We may suspend, limit, or terminate all or part of your access to the Services at any time, with or without notice and with or without cause, including if we believe you have violated this Agreement. We may be protected from liability for such actions under the Communications Decency Act, 47 U.S.C. § 230. Upon termination, you must cease all use of the Services. The provisions concerning intellectual property, authorized use, user content, disclaimers, limitation of liability, indemnity, and disputes, and any other provisions that by their nature should survive, will survive termination.

Children

The Services are not directed to children, and we do not knowingly collect information from children under 13. YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE SERVICES. If you are under the age of majority in your state, you may use the Services only with the involvement of a parent or guardian.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SERVICES OR ANY SITES LINKED TO OR FROM THE SERVICES. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, CONTENT, OR EXTERNAL LINKS, INCLUDING DAMAGES CAUSED BY ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, OR ANY VIRUS OR SYSTEM FAILURE.

RELEASEES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend, and hold harmless TerraWatt and the Releasees from and against any and all claims, damages, liabilities, judgments, losses, and costs (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of this Agreement; (ii) your use of the Services; or (iii) any content or information you provide through the Services. We may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate. We will use reasonable efforts to notify you of any such claim.

Consent to Communication

When you use the Services or send communications to us through them, you consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that communications be in writing. Notices to you are effective when sent to the email address you provide or posted on the Services.

Severability

If any provision of this Agreement is held invalid or unenforceable, it will be replaced by a valid, enforceable provision that most closely reflects the original intent; if that is not possible, the provision will be severed and the remainder of the Agreement will remain enforceable.

Assignment

We may assign this Agreement at any time, with or without notice. You may not assign or transfer this Agreement or any of your rights or obligations without our prior written consent.

Government End Users

The Services are intended for use by non-government entities and individuals. Use by or on behalf of a Government End User as defined under 15 C.F.R. § 772.1 (Tex. Civ. Prac. & Rem. Code Ann. § 101.021 (West)) requires our prior written authorization and compliance with applicable regulations, including 48 C.F.R. Chapter 1 and 41 C.F.R. §§ 60-1.4(a), 60-300.5(a), and 60-741.5(a).

DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

Informal Resolution. Before initiating any arbitration or court proceeding, you and TerraWatt agree to first attempt to resolve any dispute informally for at least 30 days after written notice of the dispute. If you have a dispute with us, send written notice to legal@terrawatt.com with the subject line “Initial Dispute Resolution Notice,” describing the dispute and the relief sought.

Agreement to Arbitrate. You and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Services (each, a “Dispute”) that is not resolved informally shall be resolved by binding arbitration before one arbitrator, administered by JAMS under its Comprehensive Arbitration Rules and Procedures, in Texas, or by telephone or videoconference. Judgment on the award may be entered in any court of competent jurisdiction. This provision survives termination of this Agreement.

Exceptions. Either party may (i) bring claims for intellectual-property infringement or misappropriation in court, (ii) seek injunctive or other equitable relief in court, and (iii) bring an individual claim in small claims court.

Jury Trial and Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. If this class action waiver is found unenforceable, the entirety of this arbitration provision will be null and void. If you opt out of arbitration (below), this class action waiver still applies.

Mass Arbitration. If 25 or more similar demands for arbitration are filed by or with the coordination of the same or coordinated counsel, they will be treated as a “Mass Arbitration” governed by the JAMS Mass Arbitration Procedures and Guidelines in effect when filed.

30-Day Right to Opt Out. You may opt out of this arbitration agreement and class action waiver by sending written notice within 30 days of first accepting this Agreement to legal@terrawatt.com with the subject line “Arbitration Opt-Out.” If you opt out, neither you nor we will be bound by the arbitration provisions (except that the class action waiver still applies).

Governing Law. This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the arbitration provisions.

Venue for Non-Arbitrable Disputes. For any claims not subject to arbitration, you and we consent to the exclusive jurisdiction of, and venue in, the state and federal courts located in Texas.

TERMS FOR USERS IN CERTAIN GEOGRAPHIC LOCATIONS

The following apply to residents of the identified states to the extent required by that state’s law.

California Residents. If you are a California resident, then under California Civil Code § 1789.3 you are entitled to the following consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

New Jersey Residents. If you are a consumer residing in New Jersey, the Disclaimer of Warranty, Limitation of Liability, Indemnity, and arbitration/governing-law provisions do not apply to you to the extent they are unenforceable under New Jersey law.

CONTACT US

If you have questions about this Agreement or technical questions about the Services, please contact us:

TerraWatt, LLC

Attn: Legal
11035 Lavender Hill Drive
160-425
Las Vegas, NV 89135

legal@terrawatt.com

www.terrawatt.com/contact