Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your access to and use of GridBrain, operated by Tyche LLC ("Company", "we", "us", or "our"). By accessing or using GridBrain at getgridbrain.com, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our service.

2. Description of Service

GridBrain provides real-time electricity grid intelligence signals derived from ERCOT (Electric Reliability Council of Texas) market data. Our service includes:

- A web-based dashboard displaying current and historical grid signals - An API providing real-time LMP (Locational Marginal Price) signals - ROI estimation tools for energy cost optimization - Email and webhook alerts for signal changes

GridBrain is a B2B service intended for use by businesses, data centers, cryptocurrency mining operations, and other commercial electricity consumers.

3. Free Tier and Paid Services

**Free Tier:** GridBrain offers a free dashboard with 15-minute delayed signals at no cost. The free tier does not include API access, real-time signals, or webhooks.

**Performance Plan:** Paid customers are charged 12% of verified monthly electricity savings attributable to GridBrain usage, with a minimum fee of $299/month. Savings are calculated based on ERCOT historical price data and actual curtailment events during your billing period.

**Free Pilot:** We offer a 30-day free pilot period with full API access. No payment is required during the pilot. After the pilot, continued use requires a Performance Plan agreement.

**Enterprise Plan:** Custom pricing for large facilities. Terms negotiated separately.

4. Acceptable Use

You agree to use GridBrain only for lawful purposes. You must not:

- Use the service to violate any applicable laws or regulations - Attempt to gain unauthorized access to our systems or data - Scrape, copy, or redistribute our data without permission - Use the service in any way that could damage, disable, or impair our infrastructure - Share your API keys with unauthorized third parties - Misrepresent your identity or facility details to obtain favorable pricing

We reserve the right to terminate access for violations of these terms.

5. Data Accuracy and Disclaimer

GridBrain provides grid signals based on ERCOT public market data. While we strive for accuracy and timeliness, we make no guarantees regarding:

- The accuracy, completeness, or timeliness of grid signals - The actual electricity savings you will achieve - Continuous, uninterrupted service availability - The suitability of our signals for your specific operational requirements

**GRIDBRAIN SIGNALS ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BASED ON OUR SIGNALS. WE ARE NOT LIABLE FOR ANY OPERATIONAL OR FINANCIAL LOSSES RESULTING FROM ACTIONS TAKEN BASED ON OUR DATA.**

6. Savings Calculation

For Performance Plan customers, monthly savings are calculated as follows:

- We identify hours during the billing period where the ERCOT average LMP exceeded $50/MWh - We calculate your estimated shiftable load based on your facility profile - Verified savings = estimated shiftable load × (actual price - baseline price) during curtailment hours - Our fee = 12% of verified savings, minimum $299/month

We will provide a monthly savings report detailing the calculation. Disputes must be raised within 15 days of receiving the report.

7. Payment Terms

- Performance Plan invoices are issued monthly - Payment is due within 30 days of invoice date - Late payments may incur a 1.5% monthly fee - We accept ACH bank transfer and major credit cards - All prices are in USD - Taxes are the responsibility of the customer

We reserve the right to suspend API access for accounts more than 30 days past due.

8. Intellectual Property

All content, code, algorithms, and data on GridBrain are the intellectual property of Tyche LLC. You may not copy, reproduce, distribute, or create derivative works from our platform without express written permission.

Your data and facility information remain your property. We do not claim ownership of any data you provide to us.

9. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the course of the business relationship, including but not limited to:

- Your facility specifications and energy usage patterns - Our pricing algorithms and signal methodology - API credentials and authentication tokens

This obligation survives termination of your account for a period of 2 years.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TYCHE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF GRIDBRAIN.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Tyche LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

- Your use of GridBrain - Your violation of these Terms - Your violation of any third-party rights - Any operational decisions made based on GridBrain signals

12. Term and Termination

**Your rights:** You may cancel your subscription at any time by emailing us at support@getgridbrain.com. Cancellation takes effect at the end of your current billing period.

**Our rights:** We may suspend or terminate your access immediately if: - You violate these Terms - You fail to pay invoices - We determine continued service poses legal or operational risk

Upon termination, your API access will be revoked and your data will be retained for 30 days before deletion.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days notice of material changes via email or website notice. Your continued use of GridBrain after changes take effect constitutes acceptance of the new Terms.

14. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Travis County, Texas.

15. Contact

For questions about these Terms, please contact:

**Tyche LLC — GridBrain** Email: legal@getgridbrain.com Website: getgridbrain.com