Terms and Conditions

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User”, “Client”, or “you”) and Invictus Energy Solutions, LLC (“Invictus”, “we”, “us”, or “our”), headquartered at 520 North Avenue, New Rochelle, NY 10801. By accessing or using the Invictus platform, website, or any associated services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

These Terms apply to all users including platform administrators, organization members, consultants, and any party accessing the platform under a client agreement.

2. Platform Services

Invictus provides a cloud-based energy management platform offering the following core capabilities:

• Energy performance monitoring, benchmarking, and analytics dashboards.
• Project lifecycle management including proposal generation, capital planning, and implementation tracking.
• Compliance monitoring and regulatory reporting tools.
• Document pipeline management and file storage.
• Role-based team collaboration and organizational management.
• Integration with third-party tools including Microsoft 365 and Monday.com.
• Consultation scheduling and lead management workflows.

We reserve the right to modify, suspend, or discontinue any feature or service with reasonable notice. We will not be liable for any modification, suspension, or discontinuation of services.

3. Account Registration & Access

Access to the platform requires registration and approval. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the confidentiality of your account credentials and not share access with unauthorized parties.
• Notify us immediately at info@invictusenergyus.com if you suspect unauthorized access to your account.
• Accept responsibility for all activity conducted under your account.

Invictus reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a security risk to the platform or other users.

4. Role-Based Access & Permissions

The platform operates a strict role-based access control (RBAC) system. Users are assigned roles by their organization administrator, and access to features, data, and actions is governed by those role assignments. You agree not to:

• Attempt to access features, data, or administrative functions beyond your assigned role.
• Circumvent, bypass, or exploit permission controls through technical or non-technical means.
• Share elevated-access credentials with users assigned lower permission levels.
• Use automated tools, scripts, or bots to interact with the platform without prior written authorization.

Unauthorized attempts to escalate permissions or access restricted areas are grounds for immediate account termination and may result in legal action.

5. Acceptable Use

You agree to use the platform solely for lawful purposes and in accordance with these Terms. You must not:

• Upload, transmit, or distribute malicious code, viruses, or harmful content.
• Use the platform to harass, defame, or harm other users or third parties.
• Reverse engineer, decompile, or attempt to extract source code from the platform.
• Scrape, harvest, or systematically extract data from the platform without authorization.
• Use the platform in any manner that could damage, disable, or impair its infrastructure.
• Violate any applicable local, state, national, or international law or regulation.
• Misrepresent your identity, affiliation, or authority when using the platform.

6. Intellectual Property

All platform software, design systems, algorithms, content, trademarks, logos, and documentation are the exclusive intellectual property of Invictus Energy Solutions, LLC or its licensors. Nothing in these Terms grants you any ownership rights in the platform or its underlying technology.

You retain ownership of data and content you submit to the platform (“Client Data”). By submitting Client Data, you grant Invictus a limited, non-exclusive license to process and store that data solely for the purpose of delivering the contracted services. We will not use Client Data for any other purpose without your explicit consent.

7. Payment & Commercial Terms

The Invictus platform currently operates as an internal organizational tool and website. Commercial subscription or billing terms are not applicable at this time. Should paid access tiers or client-facing commercial agreements be introduced in the future, this section will be updated accordingly with full terms prior to any charges being applied.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of the service relationship. Invictus will not disclose Client Data or commercially sensitive information to third parties except as required by law, with your consent, or as necessary to deliver contracted services through authorized sub-processors.

9. Disclaimer of Warranties

The platform is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law, Invictus makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or uninterrupted availability. We do not warrant that the platform will be error-free or that defects will be corrected within any specific timeframe.

10. Limitation of Liability

To the fullest extent permitted by law, Invictus shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or reputational harm, arising from your use of or inability to use the platform, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising under these Terms shall not exceed the total fees paid by you to Invictus in the three (3) months preceding the event giving rise to the claim.

11. Termination

Either party may terminate access to the platform by providing written notice in accordance with the applicable service agreement. Invictus may terminate or suspend access immediately and without notice in cases of material breach of these Terms, fraudulent activity, or actions that pose a risk to platform security or other users.

Upon termination, your right to access the platform ceases immediately. Client Data will be retained for 30 days following termination to allow for export, after which it will be securely deleted unless legal obligations require longer retention.

12. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Westchester County, New York.

Before initiating formal legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of 30 days following written notice of the dispute.

13. Changes to These Terms

We reserve the right to update these Terms at any time. Material changes will be communicated via platform notification or email with at least 14 days notice before taking effect. Continued use of the platform after the effective date of updated Terms constitutes your acceptance of the changes.

14. Contact

For questions regarding these Terms, contact us at: info@invictusenergyus.com or by mail at 520 North Avenue, New Rochelle, NY 10801.