Terms of Service
EQ Systems Inc.
Last Updated: January 2026
Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of the websites, products, and services provided by EQ Systems Inc. (“we,” “us,” or “our”), operating under the brand Energy Quotient™.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Definitions
The following terms have specific meanings in these Terms:
- “Customer Data” means any data, including waveform data, operational data, configuration information, and metadata, that you upload, transmit, or generate through your use of the Services. Customer Data does not include Account Data or Telemetry Data.
- “Account Data” means information you provide to create and maintain your account, such as name, email address, company name, and billing information.
- “Telemetry Data” means de-identified, aggregated data about Service usage, performance, and errors that we collect to maintain, secure, and improve the Services. Telemetry Data does not directly identify you or your facility.
- “Demo” means a time-limited, evaluation-only instance of the Services provided at no charge for assessment purposes.
- “Pilot” means a structured evaluation program governed by a Pilot Agreement with defined scope, duration, and success criteria.
- “Documentation” means user guides, API references, technical specifications, and other materials we provide describing the Services.
- “Hardware” means physical equipment provided by us, including EQ Wave™ Waveform Measurement Units and associated components.
- “Order Form” means an ordering document, statement of work (SOW), pilot agreement, or other written agreement specifying the Services, fees, and terms for a particular engagement.
- “Services” means, collectively, the software, platforms, Hardware, professional services, and related offerings provided by EQ Systems Inc., including EQ Wave™, EQ Sight™, EQ Syntropy™, EQ Resolve™, and EQ Forensics™.
Description of Services
Energy Quotient™ provides power quality monitoring solutions, including:
- EQ Wave™ — Waveform Measurement Unit (WMU) Hardware for Continuous Point-on-Wave (CPOW) monitoring
- EQ Sight™ — Visualization and real-time observability platform
- EQ Syntropy™ — AI-powered analytics and diagnostics
- EQ Resolve™ — Decision support and remediation workflows
- EQ Forensics™ — Power quality investigation and consulting services
Access to specific Services may require an Order Form, subscription, or enrollment in a Pilot or Demo program.
Accounts and Access
Account Registration
Certain Services require you to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Promptly update your information if it changes
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
Access Credentials
You are responsible for safeguarding any passwords, API keys, tokens, or other credentials associated with your account. We are not liable for any loss or damage arising from your failure to protect your credentials.
Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services in violation of any applicable law or regulation
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to the Services or related systems
- Circumvent access controls, authentication mechanisms, or rate limits
- Use the Services to transmit malware, viruses, or other malicious code
- Reverse engineer, decompile, or attempt to extract source code from the Services (except as permitted by applicable law)
- Scrape, crawl, or use automated means to extract data from the Services without our written consent
- Conduct performance benchmarking or comparative testing for publication without our prior written consent
- Use the Services for employee surveillance, productivity tracking, or other purposes inconsistent with our Responsible Use & Data Commitments
- Use the Services for protective relaying, life-safety systems, or other applications requiring regulatory certification unless explicitly agreed in writing
- Resell, sublicense, or redistribute access to the Services without our written consent
- Remove, alter, or obscure any proprietary notices in the Services
You are responsible for ensuring your use of the Services complies with all applicable industry regulations and obtaining any required certifications for your specific application.
Intellectual Property
Our Intellectual Property
The Services, including all software, content, designs, trademarks, and Documentation, are owned by EQ Systems Inc. or our licensors and are protected by intellectual property laws. These Terms do not grant you any ownership rights in the Services.
Your Data
You retain ownership of Customer Data. By using the Services, you grant us a limited license to process Customer Data solely as necessary to provide the Services to you, including to generate outputs you request, maintain and secure the Services, and comply with law.
Model Training. We will not use Customer Data to train or improve any generally available machine learning models, except as explicitly agreed in writing.
See our Privacy Policy and Responsible Use & Data Commitments for additional details on how we handle your data.
Feedback
If you provide suggestions, ideas, or feedback about the Services (“Feedback”), you grant us a non-exclusive, royalty-free, perpetual license to use such Feedback for any purpose without obligation to you. Feedback does not include Customer Data or non-public proprietary information you provide to us under a duty of confidentiality.
Data, Security, and Retention
Data Categories
We process the following categories of data:
Demo and Pilot Data
- Demo Data may be deleted without notice upon Demo expiration or at our discretion.
- Pilot Data retention is governed by your Pilot Agreement. Unless otherwise specified, Pilot Data is retained for 90 days after Pilot conclusion to support evaluation and transition.
Security
We implement reasonable technical and organizational measures to protect Customer Data, including encryption in transit and at rest, access controls, and audit logging. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
Data Export and Deletion
You may request export of your Customer Data in standard formats (e.g., Parquet, CSV), subject to reasonable limitations on frequency and volume, or as specified in your Order Form. We will fulfill export requests within a reasonable time. Upon termination or your written request, we will delete Customer Data within 90 days, except where retention is required by law or the data remains in encrypted backups until normal backup rotation.
No Resale
We do not sell Customer Data to third parties. See our Privacy Policy for details on information sharing.
Hardware
Hardware Provided Under Order Form
If your Order Form includes Hardware (such as EQ Wave™ units):
- Delivery and Risk of Loss. Shipping terms, delivery dates, and risk of loss are specified in the Order Form. Unless otherwise stated, risk of loss passes to you upon delivery to the delivery address specified in the Order Form.
- Installation. You are responsible for installation unless professional installation services are included in your Order Form. Installation must comply with applicable electrical codes and our Documentation.
- Limited Warranty. Hardware is warranted against defects in materials and workmanship for the period specified in your Order Form (default: 12 months from delivery). This warranty does not cover damage from misuse, improper installation, unauthorized modification, or external causes.
- Returns and RMA. Defective Hardware may be returned under our return merchandise authorization (RMA) process. Contact support@eq.systems for RMA instructions.
Loaner and Evaluation Hardware
Hardware provided for Demo or Pilot purposes remains our property. You agree to return loaner Hardware in good condition (normal wear excepted) within 14 days of Demo or Pilot conclusion, or upon our request. You are responsible for loss or damage to loaner Hardware while in your possession.
Professional Services and Consulting
EQ Forensics™ and Advisory Services
EQ Forensics™ and other professional services provide diagnostic analysis, investigation reports, and recommendations based on waveform evidence. These deliverables are advisory in nature.
Not Engineering Sign-Off. Professional services outputs are engineering decision support, not licensed professional engineering certification or sign-off. You are responsible for:
- Exercising independent engineering judgment before acting on recommendations
- Engaging licensed Professional Engineers where required by law or regulation
- All implementation decisions and their consequences
For applications requiring formal engineering certification (e.g., expert witness testimony, regulatory filings), licensed PE review is available under separate agreement.
Deliverables
Deliverables, scope, and timelines for professional services are specified in the applicable Order Form or statement of work. We will perform professional services in a professional and workmanlike manner consistent with industry standards.
Demo and Pilot Programs
Demo Access
Demo access is provided for evaluation purposes only. Demo environments:
- Have limited functionality, availability, and support
- Are not suitable for production use or critical decisions
- May be discontinued or modified without notice
Demo Data may be deleted without notice.
Pilot Programs
Participation in Pilot programs is governed by a Pilot Agreement specifying scope, duration, success criteria, data handling, and any fees. Pilot participants may receive early access to features that are subject to change or discontinuation.
Third-Party Services and Customer Systems
Third-Party Services
The Services may integrate with or depend on third-party services (such as cloud infrastructure, authentication providers, or analytics tools). We are not responsible for the availability, accuracy, or practices of third-party services. Your use of third-party services is subject to their respective terms.
Customer Systems
You are responsible for your own systems, networks, electrical installations, and operational decisions. We are not liable for issues arising from your network configuration, electrical environment, equipment compatibility, or decisions made based on Service outputs.
Service Availability
We strive to maintain reliable access to the Services but do not guarantee uninterrupted availability. The Services may be temporarily unavailable due to:
- Scheduled maintenance (we will provide reasonable advance notice when possible)
- Unscheduled maintenance to address security or stability issues
- Factors beyond our reasonable control
Service level commitments, if any, are specified in your Order Form.
Payment Terms
Payment terms, including fees, billing cycles, and refund policies, are specified in the applicable Order Form. Unless otherwise agreed:
- Fees are due as specified in the Order Form
- All fees are non-refundable except as required by law or as specified in your Order Form
- We may suspend access for non-payment after 15 days written notice
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will meet your specific requirements
- The Services will be uninterrupted, timely, secure, or error-free
- Results obtained from the Services will be accurate or reliable
- Any defects in the Services will be corrected
DIAGNOSTIC OUTPUT AND RECOMMENDATIONS. The Services, including EQ Syntropy™, EQ Resolve™, and EQ Forensics™, provide diagnostic hypotheses and recommendations based on waveform data. These outputs are engineering decision support tools, not licensed professional engineering sign-off. You are responsible for exercising independent engineering judgment before acting on any recommendations. See our Responsible Use & Data Commitments for details on AI limitations and human oversight requirements.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EQ SYSTEMS INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or related to your use of the Services, even if advised of the possibility of such damages
- DIRECT DAMAGES EXCEEDING THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if any limited remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless EQ Systems Inc. and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Services
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your violation of any third-party rights
- Actions you take based on Service outputs or recommendations
Any vendor indemnification obligations, including intellectual property infringement indemnities, must be set forth in an Order Form.
Term and Termination
Term
These Terms remain in effect until terminated.
Termination by You
You may terminate your account at any time by providing written notice to support@eq.systems.
Termination or Suspension by Us
For Cause. We may immediately suspend or terminate your access if you:
- Violate these Terms or applicable law
- Engage in conduct that may harm us, other users, or third parties
- Engage in suspected fraudulent or illegal activity
- Fail to pay fees after notice and a 15-day cure period
For Investigation. We may suspend access during investigation of suspected violations, with notice where legally permitted.
For Convenience. For paid subscriptions, we may terminate for convenience with 30 days written notice, subject to any contrary terms in your Order Form. Prepaid fees for the terminated period will be refunded pro-rata.
Effect of Termination
Upon termination:
- Your right to access the Services ceases immediately (or at the end of the notice period for convenience terminations)
- We will delete Customer Data in accordance with the Data, Security, and Retention section
- You must return any loaner Hardware within 14 days
- Provisions that by their nature should survive termination will survive, including Definitions, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and General Provisions
Compliance and Export
You agree to comply with all applicable export control laws and trade sanctions. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and that you are not on any U.S. government restricted party list.
Governing Law and Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved as follows:
- Informal Resolution. Before initiating formal proceedings, you agree to contact us at legal@eq.systems to attempt to resolve the dispute informally for at least thirty (30) days.
- Binding Arbitration. If informal resolution is unsuccessful, disputes shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. Arbitration shall take place in Wilmington, Delaware, unless the parties mutually agree to another location or virtual proceedings.
- Small Claims Exception. Either party may bring an individual action in small claims court if the dispute qualifies.
- Injunctive Relief. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.
Class Action Waiver
YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
Arbitration Opt-Out
You may opt out of the arbitration provision by sending written notice to legal@eq.systems within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Delaware.
Notices
Notices to you may be provided via email to the address associated with your account or by posting to the Services.
Notices to us must be sent to:
Email: legal@eq.systems
Mail:
EQ Systems Inc.
c/o A Registered Agent, Inc.
8 The Green, Ste A
Dover, DE 19901
Notices are effective upon receipt (for email, when sent to a valid address without bounce) or three business days after mailing.
Modifications to Terms
We may modify these Terms at any time. If we make material changes, we will provide reasonable notice by:
- Posting the updated Terms on our website with a new “Last Updated” date
- Sending notice to registered users via email at least 15 days before changes take effect
Your continued use of the Services after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services before the effective date.
General Provisions
Order of Precedence
If you enter into an Order Form, statement of work, Pilot Agreement, or other written agreement with us, that agreement governs for that engagement to the extent it conflicts with these Terms. Otherwise, these Terms govern. Our Privacy Policy governs privacy and data handling disclosures. Our Responsible Use & Data Commitments governs responsible AI practices and use restrictions. Documentation provides technical usage and operational guidance but does not override these Terms or your Order Form.
Entire Agreement
These Terms, together with our Privacy Policy, Responsible Use & Data Commitments, applicable Order Forms, and Documentation constitute the entire agreement between you and EQ Systems Inc. regarding the Services.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.
No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
Force Majeure
Neither party is liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or infrastructure failures.
Contact Us
If you have questions about these Terms, please contact us at:
Email: legal@eq.systems
Support: support@eq.systems
Security: security@eq.systems
Mail:
EQ Systems Inc.
c/o A Registered Agent, Inc.
8 The Green, Ste A
Dover, DE 19901
For our data practices, see our Privacy Policy. For our commitments on responsible AI, data ownership, and ethical use, see our Responsible Use & Data Commitments.
