Terms & Conditions

IMPORTANT: READ CAREFULLY

The following are the terms and conditionsfor use of Arcobi's products and services, including without limitationarcobi.com and its platform products: DataHub, AI Forecasts, Dispatch, SignalOrchestrator (including formerly known as Nrgstream.com, Nrgstream Trader,Nrgstream Xtractor, Pwrstream, Crbnstream), and other services which may beoffered from time to time by Arcobi (formerly Arcus Power Corp.) (referred toas "Arcobi") for use with your Arcobi account credentials (eachfeature individually and collectively referred to as the "Service").

 

Your use of the Service constitutes youracceptance of the following terms and conditions and your Agreement to abide bythem.

 

This is a legal Agreement between you, theend user, and Arcobi (formerly Arcus Power Corp.). By using the Service, youare agreeing to be bound by the terms of the Agreement. You are granted anonexclusive license to use this software and service under the terms stated inthis Agreement. Access is limited to authorized users as defined in theapplicable Customer Agreement or registration.

 

THE SOFTWARE, THE SERVICE AND ACCOMPANYING DOCUMENTATION ARE PROVIDED"AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THERESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU.

 

PRIVACY

Arcobi is committed to protecting the privacyof its users. Arcobi will not monitor, edit, or disclose any personalinformation about you or your use of the Service without your prior permissionunless Arcobi has a good faith belief that such action is necessary to: (1)conform to legal requirements or comply with legal process; (2) protect anddefend the rights or property of Arcobi; (3) enforce the Terms of Service; or(4) act to protect the interests of its users or others.

Arcobi may provide certain user informationin aggregate form to third parties for analytical or demographic purposes. YourInternet Protocol address is transmitted with each message sent from youraccount. Arcobi's collection, use, and handling of personal information isfurther governed by Arcobi's Privacy Policy, available atarcobi.com/privacy-policy, which is incorporated herein by reference.

You agree that Arcobi may access youraccount, including its contents, as stated above or to respond to service ortechnical issues.

 

INFORMATIONDISCLAIMER

The information contained in the Service iscompiled for the usage of Arcobi users and is furnished by various sources,including third-party data providers. Arcobi distributes this informationwithout responsibility for accuracy. All information is accepted by the user onthe condition that errors in transmission or content shall not be made thebasis for any claim, demand or cause for action. The information and data isobtained from sources believed to be reliable, but accuracy is not guaranteed.Neither the information, nor any output, opinion, or recommendation expressedthrough the Service, constitutes a solicitation of the purchase or sale of anysecurities, futures, options, or energy commodities, nor does it constitutefinancial, trading, or investment advice.

 

LINKED SITESDISCLAIMER

The Service may link users to sites notmaintained by Arcobi. Users are advised that any use of a linked web site issolely at their risk. Arcobi cannot and does not make any warranties orrepresentations with respect to any information available through these linksand disclaims any opinions expressed on such web sites. Links to other websites or references to products, services or publications other than those ofArcobi do not imply endorsement or approval by Arcobi.

 

THIRD-PARTYCONTENT AND SERVICES

The Service may contain links to,integrations with, or references to third-party content, services, orplatforms. Any interactions with such third-party content or services,including any terms, conditions, warranties, or representations associated withsuch interactions, are solely between you and the applicable third party.Arcobi does not endorse, verify, or assume any responsibility for third-partycontent, services, or platforms accessible through or referenced within theService.

Arcobi shall not be responsible or liable forany part of any such dealings, transactions, or interactions with thirdparties, including any loss, damage, or dispute arising from your use ofthird-party content or services.

 

LIMITATION OFLIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLARCOBI (FORMERLY ARCUS POWER CORP.) OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSSOF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OFOR INABILITY TO USE THE SERVICE OR THE FAILURE TO PROVIDE SUPPORT SERVICES,EVEN IF ARCOBI (FORMERLY ARCUS POWER CORP.) HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONOR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

As a condition of your use of the Service,you warrant to Arcobi that you will not use the Service for any purpose that isunlawful or prohibited by these terms, conditions, and notices.

If any provision of this Agreement is foundvoid, invalid or unenforceable, it will not affect the validity of the balanceof this Agreement, which shall remain valid and enforceable according to itsterms.

 

CUSTOMER LICENSE AGREEMENT – TERMS ANDCONDITIONS

These Terms and Conditions, along with thewritten information included in the Customer's Agreement for the Arcobi Product(defined below) govern the relationship between the Customer and Arcobi(formerly Arcus Power Corp.) ("Arcobi") respecting the ArcobiProduct.

 

WHEREAS the Customer wishes to use theArcobi Product to support energy intelligence, forecasting, and operationaldecision-making;

 

AND WHEREAS Arcobi has agreed to providethe Arcobi Product to be used in accordance with this Agreement;

 

NOW THEREFORE IN CONSIDERATION of thepremises and the mutual covenants contained in this Agreement, the Partieshereto agree as follows:

 

ARTICLE 1 – DEFINITIONS AND INTERPRETATIONS

1.1

For the purposes of this Agreement, thefollowing words and terms have the following meanings:

1.1.1 "Agreement"

means these Terms and Conditions along withthe Customer Agreement;

1.1.2 "Arcobi Product"

means the energy intelligence platform andrelated tools provided by Arcobi (including the web-based dashboard andplatform products: DataHub, AI Forecasts, Dispatch, and Signal Orchestrator,and any successor products or features), all data, outputs, and reportsgenerated by or delivered through such tools, and all communications and datareceived from Arcobi in connection with the services contemplated under thisAgreement;

1.1.3 "Authorized User(s)"

means the individual(s) designated by theCustomer who are authorized to access and use the Arcobi Product under thisAgreement, as identified in the Customer Agreement or through Arcobi's accountregistration process;

1.1.4 "Customer"

means the entity or individual identified inthe Customer Agreement;

1.1.5 "Customer Agreement"

means the written terms specific to therelationship between the Customer and Arcobi, and which may identify thefollowing: Customer, Customer contact information, Authorized Users,description of Arcobi services to be provided, structure of License Fee(s) forthe Arcobi Product, payment method and payee, interest rate for overdueaccounts, term and any applicable renewals, conditions for renewals, and anyother relevant information;

1.1.6 "Intellectual Property"

means all proprietary rights, includingwithout limitation patents, copyrights, trademarks, trade secrets, algorithms,models, forecasts, methodologies, data structures, software, and any otherintellectual property rights associated with the Arcobi Product;

1.1.7 "License Fee(s)"

means the license fee or such otherarrangements as are identified in the Customer Agreement for use of the ArcobiProduct;

1.1.8 "Parties"

means the Customer and Arcobi, and"Party" means the applicable one of them.

 

ARTICLE 2 – LICENSE AND SERVICES

2.1

Arcobi grants Customer a non-exclusive,non-transferable license to use the Arcobi Product during the term of thisAgreement for the purposes contemplated in the Customer Agreement, subject tothe Customer having paid the applicable License Fee (the "License").

2.2

Only Authorized Users may access and use theArcobi Product. The Arcobi Product shall not be used by individuals who are notAuthorized Users. The Arcobi Product or any portions thereof shall not becopied, duplicated, retained, re-created, reverse-engineered, or used after theTerm or at any time where the Customer is not current in all License Feeobligations. The License is for direct use of the Arcobi Product only throughthe interfaces provided by Arcobi for that purpose.

2.3

The Arcobi Product, including allIntellectual Property therein, is and remains the sole and exclusive propertyof Arcobi. The Customer acquires no ownership interest in the Arcobi Product orany component thereof by virtue of this Agreement. Arcobi may update, modify,or change the Arcobi Product at any time.

2.4

Arcobi may restrict or suspend access to theArcobi Product at any time if the Customer has not complied with allobligations under this Agreement, including all payment obligations.

 

ARTICLE 3 – FEES & BILLING

3.1

The Customer will pay the License Fee as itbecomes due and in accordance with the terms in the Customer Agreement for theArcobi Product.

 

ARTICLE 4 – OPERATIONAL MATTERS

4.1

All communications between the Parties withrespect to the Arcobi Product will be conducted by e-mail, telephone, orthrough the platform, and any telephone conversations may be recorded (the"Communications Protocol").

 

ARTICLE 5 – WARRANTY DISCLAIMER; LIMITATION OFLIABILITY

5.1

ALL DATA, OUTPUTS, FORECASTS, AND OTHER INFORMATION INCLUDED WITH ORGENERATED BY THE ARCOBI PRODUCT, INCLUDING WITHOUT LIMITATION WEATHER DATA,MARKET DATA, AND THIRD-PARTY DATA, IS PROVIDED "AS IS" AND WITHOUTANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE CUSTOMER AGREES ANDACKNOWLEDGES THAT ARCOBI AND ITS SUPPLIERS ARE NOT LIABLE FOR THE EFFECTIVENESSOF THE ARCOBI PRODUCT AND HAVE NO LIABILITY ARISING AS A RESULT OF ERRORS INJUDGMENT, DATA, FORECASTING, OPTIMIZATION, AUTOMATION, OR SIMILAR WITH RESPECTTO THE ARCOBI PRODUCT OR THE AVAILABILITY OR UNAVAILABILITY OF THE ARCOBIPRODUCT AT ANY MOMENT OR FOR ANY PERIOD, WHETHER CAUSED BY SYSTEM FAILURES,THIRD-PARTY SERVICE DISRUPTIONS, OR EVENTS BEYOND ARCOBI'S REASONABLE CONTROL.

5.2

ARCOBI AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY DAMAGES, LOSSES,LIABILITIES, CLAIMS, COSTS (INCLUDING LEGAL COSTS AND REASONABLE STAFF COSTS),FINES AND PENALTIES WHICH ARE OF AN INDIRECT NATURE. ARCOBI AND ITS SUPPLIERSARE NOT LIABLE FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF PRODUCTION, LOSSOF EARNINGS, LOSS OF CONTRACT, LOSS OF DATA, COST OF CAPITAL, LOSS OF ANY USEOF ANY FACILITIES OR PROPERTY OPERATED OR OWNED BY ANY PERSON, AND ANY OTHERINDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER WHICH ARE IN ANY WAYCONNECTED WITH THIS AGREEMENT, THE RELATIONSHIP CONTEMPLATED BY THIS AGREEMENT,OR THE ARCOBI PRODUCT.

5.3

ARCOBI'S AND ITS SUPPLIERS' MAXIMUM LIABILITY IN CONNECTION WITH THISAGREEMENT UNDER ANY CAUSE OF ACTION (INCLUDING CONTRACT, TORT, OR OTHERWISE)SHALL NOT EXCEED THE AGGREGATE AMOUNT OF THE LICENSE FEE(S) RECEIVED BY ARCOBIPURSUANT TO THIS AGREEMENT FROM THE CUSTOMER IN THE ONE (1) YEAR PERIODIMMEDIATELY PRECEDING ANY EVENT GIVING RISE TO LIABILITY. ANY LIABILITY OFARCOBI WILL BE CONSIDERED A REDUCTION IN LICENSE FEE(S) IN THE SUBSEQUENTAPPLICATION OF THIS PROVISION.

5.4

THE CUSTOMER WILL INDEMNIFY ARCOBI AND ITS SUPPLIERS FOR ALL USE OF THEARCOBI PRODUCT IN BREACH OR EXCESS OF THE PROVISIONS OF THIS AGREEMENT,INCLUDING USE BY ANY INDIVIDUAL OBTAINING ACCESS TO THE ARCOBI PRODUCT OR ANYDERIVATIVE OF THE ARCOBI PRODUCT THROUGH THE CUSTOMER OR AS A RESULT OF THECUSTOMER'S ACTIONS OR OMISSIONS, AND ANY BREACH OF THE CONFIDENTIALITY ORINTELLECTUAL PROPERTY PROVISIONS OF THIS AGREEMENT.

 

ARTICLE 6 – CONFIDENTIALITY

6.1

The Arcobi Product and all information inconnection with it is confidential and the Customer shall not disclose it toany third party except: (i) as may be required to comply with any applicablelaw, order, regulation, ruling or accounting disclosure rule or standard, (ii)as may be obtained from a non-confidential source that disclosed suchinformation in a manner that did not violate any obligation of confidentiality,or (iii) as may be furnished to the Customer's affiliated entities, auditors,attorneys, advisors or lenders, provided such parties are bound by obligationsof confidentiality no less restrictive than those contained in this Agreement.

 

ARTICLE 7 – TERM AND TERMINATION

7.1

This Agreement shall commence on theeffective date set out in the Customer Agreement and shall continue for theterm specified therein, including any renewal periods, unless terminatedearlier in accordance with this Article.

7.2

Either Party may terminate this Agreementupon written notice if the other Party materially breaches any provision ofthis Agreement and fails to remedy such breach within thirty (30) days ofreceiving written notice of the breach.

7.3

Arcobi may suspend or terminate access to theArcobi Product immediately upon notice if: (a) the Customer fails to pay anyLicense Fee when due; or (b) continued provision of the Service would, inArcobi's reasonable judgment, violate applicable law or create material risk toArcobi or its other customers.

7.4

Upon termination or expiry of this Agreement,the Customer's right to access and use the Arcobi Product shall ceaseimmediately. Arcobi shall have no obligation to retain, return, or provideaccess to any Customer data following termination, except as may be required byapplicable law or as otherwise specified in the Customer Agreement.

 

ARTICLE 8 – MISCELLANEOUS

Entire Agreement

8.1

This Agreement is the entire agreement andunderstanding between the Parties with regard to the Arcobi Product, andsupersedes all prior agreements, correspondence, and representations of anykind.

No Waiver

8.2

Any Party may waive performance of anycondition in writing to all other Parties, but such waiver of a condition shallnot be considered a waiver of that condition for succeeding performance.

Notice

8.3

Notices to Arcobi may be provided byregistered mail or confirmed email to:

Arcobi (formerly Arcus Power Corp.)

Suite 865, 401 – 9th Ave SW, Calgary,Alberta, T2P 3C5

8.4

Notices to the Customer may be provided usingthe Customer's contact information in the Customer Agreement, including byemail.

Amendments

8.5

This Agreement may not be modified, altered,or amended except by an instrument in writing. This Agreement may be updated byArcobi with notice to the Customer, to be effective at the immediatelyfollowing renewal or at the end of the Term, whichever occurs earliest.

Assignment

8.6

The Customer may not assign any part or allof its interest in this Agreement without Arcobi's written agreement. Arcobimay assign this Agreement to any party substantially carrying on a businessproviding the Arcobi Product, or in connection with a merger, acquisition, orsale of all or substantially all of Arcobi's assets.

Enurement

8.7

This Agreement inures to the benefit of andbe binding upon the Parties hereto and their respective trustees, successors,and assigns.

Severability

8.8

If any provision of this Agreement is deemedto be invalid, void, or unenforceable by any court having jurisdiction, suchdetermination shall not invalidate, void, or make unenforceable any otherprovision, agreement, or covenant of this Agreement, and such other provision,agreement, or covenant shall remain in full force and effect.

Survival

8.9

The applicable provisions of this Agreementwill continue in effect after termination or expiry hereof to the extentnecessary, including but not limited to, provisions relating to IntellectualProperty, confidentiality, limitation of liability, and any indemnificationobligations under this Agreement.

No Joint Venture, Partnership or Agency

8.10

Unless otherwise specifically provided inwriting, the Parties understand that they are not partners, joint venturers, oragents of each other. No Party has the power to bind the other Party or Partiesin any manner whatsoever.

Governing Law and Attornment

8.11

This Agreement shall be governed by andinterpreted in accordance with the laws of the Province of Alberta and the lawsof Canada applicable therein, and the Parties irrevocably attorn to theexclusive jurisdiction of the Courts of the Province of Alberta sitting inCalgary.

 

These Terms and Conditions last updated March 31, 2026.

 

© 1998–2026 Arcobi (formerly Arcus PowerCorp.). All rights reserved.

 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THESERVICE.

 

Should you have any questions concerning thisagreement, please contact:

Arcobi (formerly Arcus Power Corp.)

Suite 865, 401 – 9th Ave SW, Calgary,Alberta, T2P 3C5

Email: info@arcobi.com

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