Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of gettexture.org and the Texture platform (collectively, the "Service") operated by Texture, Inc. ("the Company," "we," "us," or "our"), located at 315 Park Avenue South, 12th Floor, New York, NY 10010. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Texture platform is enterprise software for electric utilities and energy cooperatives. Access to the platform requires a separate written subscription agreement. These Terms apply to use of both the gettexture.org marketing site and, unless superseded by a platform subscription agreement, the platform itself.

2. Use of the Service

• You must be at least 18 years old, acting in a professional capacity, and have authority to bind your organization where applicable.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems, grid telemetry data belonging to other customers, or underlying infrastructure.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• Platform customers are responsible for ensuring that connections to their grid infrastructure (SCADA, AMI, battery management systems, and related systems communicating via IEEE 2030.5, DNP3, MODBUS TCP, OpenADR, or other protocols) are authorized under their own network and data governance policies before connecting them to the Texture platform.

3. Intellectual Property

The Service, including all text, graphics, logos, software, AI models, dispatch algorithms, and protocol adapters, is owned by the Company or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose. Grid telemetry and operational data you connect to the platform remains your property; you grant us a limited license to process it solely to provide the Service.

4. User Content

You are responsible for any content you submit through the Service, including via contact forms, account configurations, or direct communications. You represent that you have all necessary rights to submit such content, including any grid data or telemetry streams you connect. You grant us a limited license to use, store, and process submitted content as necessary to provide the Service and respond to your inquiry.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI DISPATCH RECOMMENDATIONS PROVIDED BY THE TEXTURE PLATFORM ARE ADVISORY. FINAL DISPATCH DECISIONS AND RESPONSIBILITY FOR GRID OPERATIONS REMAIN WITH THE LICENSED OPERATOR. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET NERC RELIABILITY STANDARDS OR REPLACE ANY REGULATORY COMPLIANCE OBLIGATION OF THE CUSTOMER.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING DAMAGES ARISING FROM RELIANCE ON AI DISPATCH RECOMMENDATIONS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100 FOR VISITORS TO THE MARKETING SITE; FOR PLATFORM CUSTOMERS, LIABILITY IS GOVERNED BY THE APPLICABLE SUBSCRIPTION AGREEMENT.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any data rights or regulatory obligations relating to grid infrastructure you connect to the platform.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination will survive (including Sections 3, 5, 6, 7, 9, and 10).

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in New York, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in New York, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact