Outage Pro

OUTAGEPRO TERMS AND CONDITIONS

1. Acceptance of Terms.

1.1 These Terms and Conditions (the "Terms") govern your access to and use of the OutagePro application, websites, dashboards, APIs, and related services (collectively, the "Service") provided by OutagePro, L.L.C. ("OutagePro," "we," "us," or "our").

1.2 By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy accessible here. If you do not agree, do not use the Service.

1.3 If you are using the Service on behalf of an organization, you represent and warrant that you are authorized to accept these Terms on your organization's behalf and that such organization agrees to be bound by these Terms and responsible to us if you or any member of the organization violates these Terms.

2. Eligibility and Accounts.

2.1 You must be at least 18 years of age and have the legal capacity to form a binding contract to use the Service.

2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use or security breach.

2.3 We may suspend or terminate access to the Service for any violation of these Terms or for conduct that, in our discretion, could harm the Service, us, or other users.

3. Description of the Service and Data Sources.

3.1 The Service enables users to view and analyze the status of power outages in specified geographic areas.

3.2 Data displayed through the Service is sourced from open-source information and private third parties, which may include utilities, public reports, user submissions, news sources, and data aggregators.

3.3 We do not independently verify, audit, or warrant the completeness, timeliness, or accuracy of any data or information provided by third parties or derived from open sources. The Service may include estimates, modeling, interpretations, or aggregations that are subject to error and change without notice.

3.4 We may modify, update, or discontinue any part of the Service, including data sources and features, at any time without liability.

4. License and Permitted Use.

4.1 Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal, lawful purposes.

4.2 You may access and view the content made available through the Service and, where the Service explicitly enables export or download, you may export or download such content solely for your internal use and in compliance with these Terms and applicable laws.

4.3 All rights not expressly granted are reserved by us and our licensors.

5. Prohibited Conduct.

5.1 You shall not:

  • (a) use the Service for any illegal, harmful, fraudulent, infringing, or abusive purpose;
  • (b) circumvent, disable, or interfere with security-related features of the Service;
  • (c) copy, scrape, crawl, harvest, index, or collect data from the Service by any means, including automated means, except as expressly permitted by an OutagePro documented API and applicable API terms;
  • (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, or algorithms of the Service, except to the extent such restrictions are prohibited by applicable law;
  • (e) use the Service to obtain any data for your own commercial use, create, train, or improve datasets, machine learning models, or analytics for the purpose of replicating or competing with the Service;
  • (f) remove, obscure, or alter any proprietary notices;
  • (g) use the Service in a manner that violates third-party rights, including privacy, publicity, or intellectual property rights; or
  • (h) overload or interfere with the proper functioning or availability of the Service.

6. User Responsibilities.

6.1 You are solely responsible for:

  • (a) evaluating the accuracy, reliability, and suitability of any data or outputs for your intended use;
  • (b) all decisions and actions taken based on information obtained from the Service;
  • (c) complying with all applicable federal, state, local, and international laws, regulations, and industry standards when using the Service and any data obtained through it; and
  • (d) implementing appropriate safeguards, backups, and business continuity measures for your operations.

6.2 You acknowledge that the Service is not a substitute for direct contact with utility providers, emergency services, or official government sources. In emergencies, you should contact appropriate authorities and service providers.

7. Third-Party Content and Services.

7.1 The Service may display, include, or provide links to third-party content, websites, products, services, or data feeds. We do not control and are not responsible for such third-party materials.

7.2 Your use of third-party materials is at your own risk and may be subject to additional terms and privacy policies imposed by third parties.

7.3 We may remove or disable access to any third-party materials at any time without notice.

8. Intellectual Property.

8.1 The Service and all content therein, including software, features, interfaces, designs, text, graphics, compilations, and arrangements, are owned by us or our licensors and are protected by intellectual property laws.

8.2 OutagePro and associated logos are trademarks or service marks of OutagePro. You may not use our marks without prior written consent.

8.3 You retain all rights you hold in content you submit to the Service, if any, but you grant us a non-exclusive, worldwide, royalty-free license to host, process, display, and use such content solely as necessary to provide and improve the Service.

9. Privacy.

9.1 Our collection, use, and disclosure of personal information are described in our Privacy Policy available here.

9.2 You agree that we may process and store data, including personal data, in jurisdictions where we or our service providers maintain facilities, subject to applicable law and the Privacy Policy.

10. DISCLAIMERS.

10.1 THE SERVICE, INCLUDING ALL DATA, OUTPUTS, REPORTS, ANALYSES, AND OTHER INFORMATION, IS PROVIDED "AS IS" AND "AS AVAILABLE."

10.2 OUTAGEPRO AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, RELIABILITY, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

10.3 WITHOUT LIMITING THE FOREGOING, OUTAGEPRO DOES NOT WARRANT THAT:

  • (a) THE SERVICE OR ANY DATA WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, OR FREE OF INTERRUPTIONS;
  • (b) OUTAGES OR RESTORATIONS WILL BE DETECTED, PREDICTED, LOCATED, OR REPORTED WITH ANY PARTICULAR LEVEL OF PRECISION OR TIMELINESS; OR
  • (c) THE SERVICE WILL MEET YOUR REQUIREMENTS OR OPERATE IN COMBINATION WITH ANY PARTICULAR SYSTEMS OR DATASETS.

10.4 YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE AND ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON THE SERVICE.

11. LIMITATIONS OF LIABILITY.

11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, COVER, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

  • (a) THE AMOUNT YOU PAID TO US FOR ACCESS TO THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
  • (b) $100.00 USD.

11.3 THE FOREGOING LIMITATIONS SHALL APPLY TO ALL THEORIES OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

11.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Indemnification.

12.1 You will indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • (a) your use of the Service;
  • (b) your violation of these Terms or applicable law; or
  • (c) your infringement or violation of any third-party rights.

12.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us.

13. CLASS ACTION WAIVER; JURY TRIAL WAIVER; FEE PROVISION.

13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND OUTAGEPRO AGREE THAT ANY DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN YOU AND US WILL BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE NOT PERMITTED.

13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND OUTAGEPRO WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE AND AGREE TO TRY ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT TO THE BENCH.

13.3 IF THE CLASS ACTION WAIVER IN SECTION 13.1 IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUESTED RELIEF, THEN THAT CLAIM OR REQUESTED RELIEF ONLY SHALL BE SEVERED AND MAY PROCEED IN COURT, AND THE REMAINING CLAIMS SHALL PROCEED ON AN INDIVIDUAL BASIS.

13.4 IN THE EVENT WE ARE OBLIGATED TO DEFEND OR PURSUE A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY FEES, COSTS, AND EXPERT WITNESS EXPENSES IN THE EVENT WE PREVAIL.

14. Data Sources; No Guarantee.

14.1 You acknowledge that the Service relies on open-source information and private third-party data. Such data may be incomplete, delayed, inaccurate, unavailable, or inconsistent across sources.

14.2 We do not control data generation, publication schedules, formatting, or integrity of third-party or open-source data and make no guaranty regarding quality or availability.

14.3 Any maps, visualizations, scores, or indicators presented by the Service are for informational purposes only and may not reflect on-the-ground conditions.

15. Service Availability and Changes.

15.1 The Service may be temporarily unavailable due to maintenance, upgrades, outages, or network or platform failures. We are not liable for any unavailability or resulting impacts.

15.2 We may change or discontinue the Service, or any part thereof, at any time without notice.

16. Fees and Payment.

16.1 At this time, we provide the Service at no-cost. However, we reserve the right to modify these terms in the future in order to establish a global paywall or other billing mechanisms for access and/or specialty features.

17. Feedback.

17.1 If you provide feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback without restriction or obligation to you.

18. Term; Termination.

18.1 These Terms remain in effect until terminated as provided herein.

18.2 You may cease using the Service at any time.

18.3 We may suspend or terminate your access at any time for any reason, including for violation of these Terms.

18.4 Upon termination, your right to use the Service ceases immediately, but Sections 8, 10, 11, 12, 13, 18.4, 19, and 20 will survive.

19. Governing Law; Venue.

19.1 These Terms and any dispute, claim, or controversy arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of laws principles.

19.2 Subject to Section 13, the exclusive jurisdiction and venue for any action arising out of or relating to these Terms or the Service shall be the state and federal courts located in the State of Iowa and you and OutagePro consent to the personal jurisdiction of such courts.

20. Notices.

20.1 Notices to you may be provided by posting to the Service, by email to the address associated with your account, or by other reasonable means.

20.2 Legal notices to OutagePro must be sent to: OutagePro, L.L.C. Attn: Legal Department, 108 Lakeland Ave., Dover, Delaware, 19901 or support@outage-pro.com

21. Export and Sanctions Compliance.

21.1 You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. sanctions, and you are not a person listed on any U.S. government denied or restricted parties lists.

21.2 You will comply with all applicable export control and sanctions laws in connection with your use of the Service.

22. Consumer Terms; Specific Rights.

22.1 If you are a consumer in a jurisdiction that affords mandatory consumer protections, some provisions of these Terms may not apply to you to the extent prohibited by law.

22.2 Nothing in these Terms is intended to limit rights that cannot be limited by law.

23. Changes to These Terms.

23.1 We may update these Terms from time to time. Changes will be effective upon posting, unless otherwise stated. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

23.2 If a material change adversely affects you, we may provide additional notice as required by law.

24. Miscellaneous.

24.1 Entire Agreement. These Terms, together with the Privacy Policy and any applicable order forms or addenda, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements relating to the Service.

24.2 Severability. If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

24.3 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

24.4 No Waiver. Failure to enforce any provision will not constitute a waiver.

24.5 Force Majeure. We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, labor disputes, supply chain disruptions, utility failures, or telecommunications outages.

24.6 Interpretation. Section headings are for convenience only and do not affect interpretation.

If you have questions about these Terms, please contact us at: support@outage-pro.com