Last updated: April 1, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you and GridKern, Inc. ("GridKern," "we," "us," or "our"), a corporation incorporated in Delaware and headquartered at 11501 Domain Dr, Austin, TX 78758. By accessing gridkernx.com (the "Website") or using any GridKern software, application, or service (collectively, the "Services"), you agree to be bound by these Terms.
If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you individually and the organization. If you do not agree to these Terms, do not access the Website or use the Services.
GridKern reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the revised Terms on this page with an updated effective date and, where appropriate, by email to registered users. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
GridKern provides a cloud-hosted software platform for electric utility operators that delivers: AI-powered short-interval (15-minute-ahead) electrical load forecasting; probabilistic net-load forecasting incorporating behind-the-meter generation data; automated demand-response dispatch engine with OpenADR 2.0b integration; SCADA telemetry ingestion, validation, and management; NERC BAL-001 and BAL-002 compliance reporting; and related analytics and reporting tools.
The specific services available to you depend on the subscription tier or customer agreement applicable to your account. GridKern may modify, enhance, or discontinue features of the Services at any time, with reasonable notice to customers for material changes that affect contracted functionality.
The Services are provided as software-as-a-service (SaaS). GridKern does not provide hardware, SCADA equipment, communication infrastructure, or on-premises software installation services unless specifically contracted in a separate statement of work.
To access the GridKern platform, you must create an account by providing accurate, current, and complete information including your name, organization, work email address, and billing details. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You must promptly notify GridKern at info@gridkernx.com if you suspect unauthorized access to your account or any other security breach. GridKern will not be liable for losses resulting from unauthorized account access where you have failed to maintain reasonable credential security or failed to notify us promptly.
You must be at least 18 years of age and have the legal capacity to enter into contracts to create an account. The Services are intended for professional use by electric utility operators, energy companies, grid operators, and related organizations. GridKern reserves the right to refuse account creation at its discretion.
If GridKern determines that you have provided false information, violated these Terms, or engaged in fraudulent activity, GridKern may immediately suspend or terminate your account without notice or refund.
GridKern offers subscription-based access to its Services. Pricing, features included in each tier, and billing terms are described on our Pricing page and in your order form or Customer Agreement.
Subscription fees are charged in US Dollars (USD) on a recurring basis — monthly or annually — as selected at purchase. Annual subscriptions are charged in full at the beginning of each subscription year. Monthly subscriptions are charged at the beginning of each monthly billing period.
GridKern offers 30-day pilot programs as described on the Website. Pilot programs provide access to specified platform features for evaluation purposes. Pilot terms, applicable fees (if any), and data handling are governed by the separate pilot agreement executed at enrollment. Continuing to use the Services after pilot expiration requires a paid subscription.
Payments are processed by our third-party payment processor. By providing payment information, you authorize GridKern to charge your payment method for all fees due. If payment fails, GridKern may suspend access to the Services until outstanding balances are paid. GridKern does not store credit card numbers; payment information is handled by our PCI-compliant payment processor.
GridKern may modify subscription fees with 60 days' written notice to existing customers. Price changes take effect at the next subscription renewal following the notice period. If you do not agree with a price change, you may cancel your subscription before the renewal date.
Subscription fees do not include applicable taxes. You are responsible for all sales, use, value-added, or similar taxes applicable to your use of the Services, except for taxes on GridKern's income.
Annual subscriptions may be cancelled within 30 days of purchase for a full refund, minus any applicable transaction fees. After 30 days, annual subscription fees are non-refundable, though you will retain access through the end of the paid period. Monthly subscriptions are non-refundable; cancellation takes effect at the end of the current billing period.
GridKern owns all right, title, and interest in and to the Services, including all software, algorithms, models, documentation, user interfaces, and content (excluding Customer Data). The GridKern name, logo, and product names are trademarks of GridKern, Inc. Nothing in these Terms grants you ownership rights in GridKern's intellectual property.
Subject to your compliance with these Terms and payment of applicable fees, GridKern grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business operations during your subscription period.
"Customer Data" means all data you transmit to the GridKern platform, including SCADA telemetry, load interval data, demand-response asset records, and related operational information. You retain all rights in your Customer Data. GridKern does not acquire ownership of Customer Data and processes it only as described in these Terms, our Privacy Policy, and any applicable Customer Agreement.
You grant GridKern a limited license to access, process, and use Customer Data solely to provide the Services, maintain platform reliability, and fulfill our contractual obligations to you. GridKern will not use Customer Data for its own product development, training of models for third-party use, or any purpose not expressly authorized by you.
If you provide feedback, suggestions, or ideas about the Services, you grant GridKern a royalty-free, irrevocable, worldwide license to use that feedback for any purpose without compensation to you.
You agree not to use the Services to: violate any applicable law or regulation; infringe the intellectual property rights of GridKern or any third party; transmit malware, viruses, or other harmful code; attempt to gain unauthorized access to GridKern systems or other customers' accounts; interfere with or disrupt the Services or infrastructure supporting them; reverse engineer, decompile, or disassemble any GridKern software; use the Services in any way that could cause physical damage to grid infrastructure or endanger public safety; resell or sublicense access to the Services without GridKern's written consent; or use automated tools to scrape, extract, or monitor the Services beyond normal API usage.
GridKern may monitor usage to ensure compliance with these terms and applicable law. Violation of the acceptable use provisions may result in immediate account suspension or termination.
GridKern targets 99.5% platform availability measured on a monthly basis, excluding scheduled maintenance windows, force majeure events, and downtime attributable to factors outside GridKern's reasonable control (including customer network issues, third-party service outages, or cyberattacks).
Scheduled maintenance is announced with at least 48 hours' notice and is performed during low-usage windows when possible. Emergency maintenance may occur without advance notice when necessary to address security vulnerabilities or prevent service degradation.
Service availability commitments and any applicable service credits for availability failures below the target are specified in Customer Agreements for enterprise customers. Standard subscription plans do not include service level credit provisions.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRIDKERN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
GRIDKERN DOES NOT WARRANT THAT: THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE; THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE FOR ANY SPECIFIC OPERATIONAL PURPOSE; THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
Load forecasting outputs are probabilistic estimates based on historical data and statistical models. They are intended to support operational decision-making and should not be used as the sole basis for any grid operation, regulatory filing, or commercial transaction. GridKern does not warrant the accuracy of any specific forecast or demand-response prediction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRIDKERN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF GRIDKERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GRIDKERN'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO GRIDKERN IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) $5,000 USD.
Some jurisdictions do not permit the exclusion or limitation of certain warranties or damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless GridKern and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: your use of or access to the Services; your violation of these Terms; your Customer Data; your violation of any applicable law; or your infringement of any third-party right. GridKern reserves the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with GridKern's defense.
Either party may terminate the subscription at any time. You may cancel your subscription through the account settings or by contacting info@gridkernx.com. Cancellation takes effect at the end of the current billing period; you will retain access until that date.
GridKern may suspend or terminate your account immediately without notice if you materially breach these Terms, fail to pay fees after a reasonable cure period, engage in fraudulent activity, or if GridKern is required to do so by law or court order.
Upon termination, your license to use the Services ends immediately. GridKern will retain your Customer Data for 30 days after termination, during which you may request an export. After 30 days, Customer Data will be deleted from production systems in accordance with our data retention schedule.
These Terms are governed by the laws of the State of Delaware and applicable federal law, without regard to conflict of law principles. Any dispute arising from or related to these Terms shall be resolved in the state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction and venue in those courts.
Notwithstanding the above, GridKern may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Any claims must be filed within one year of when the claim arose, except where a shorter period is required by applicable law.
Entire agreement: These Terms, together with the Privacy Policy, Cookie Policy, and any Customer Agreement or order form, constitute the entire agreement between you and GridKern regarding the Services and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
Waiver: GridKern's failure to enforce any provision of these Terms does not constitute a waiver of that provision or GridKern's right to enforce it later.
Assignment: You may not assign or transfer these Terms or your account without GridKern's prior written consent. GridKern may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure: GridKern is not liable for delays or failures in performance resulting from events beyond our reasonable control, including natural disasters, cyberattacks, government actions, or telecommunications failures.
For questions about these Terms, contact us at:
GridKern, Inc.