Agreement between the user and PHOCA, LLC
Effective Date: October 28, 2025

These Terms of Use (“Terms”) constitute a binding agreement between you and PHOCA, LLC (“PHOCA,” “we,” “us,” or “our”) governing your access to and use of our website and any related online pages that link to these Terms (collectively, the “Site”). By accessing or using the Site, or by checking any “I agree” box presented with a contact form or survey, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.

1. Eligibility

You may use the Site only if you (a) are at least 13 years old and (b) have the legal capacity to enter into these Terms. If you are under the age of majority where you live, you may use the Site only with the consent of a parent or legal guardian who accepts these Terms on your behalf. The Site is intended for use in the United States.

2. Changes to the Site and to These Terms

We may modify, suspend, or discontinue the Site (in whole or part) at any time without notice. We may update these Terms from time to time. The “Effective Date” above reflects the latest version. Changes are effective when posted unless a later date is stated. Your continued use constitutes acceptance of the updated Terms.

3. Privacy

Please review our Privacy Policy, which explains how we collect, use, disclose, and safeguard information. By using the Site, you consent to the practices described there.

4. Acceptance & Record of Assent

For any form or survey on the Site, we may require you to affirmatively check a box agreeing to these Terms and the Privacy Policy before submission. To evidence consent, we may record the date/time, IP address, user agent, and the version of these Terms presented at submission.

5. Site Content; No Professional Advice; No Offer; No Reliance

All materials on the Site—including text, images, product descriptions/specifications, datasheets, and other information (collectively, “Content”)—are provided for general informational purposes only. The Content does not constitute professional advice and should not be relied upon for legal, financial, medical, safety, or other decisions. The Site and Content do not constitute an offer or commitment to sell any product or transact on specified terms.

No Reliance; Accuracy & Availability. Specifications, availability, and features may change without notice. You should not rely on the Site or Content for decisions where errors could result in loss or damage. PHOCA disclaims responsibility for typographical, photographic, or technical errors and may correct any error at any time without obligation.

Beta / Experimental. Any beta, preview, or experimental content is provided “AS IS” without commitment and may be changed or withdrawn at any time.

6. Your Submissions and Feedback

You may submit information via our contact form and survey (collectively, “Submissions”).

Accuracy & Rights. You represent and warrant that your Submissions are accurate and lawful, and that you have the rights necessary to provide them.

No Sensitive Data. Do not include sensitive personal information (e.g., government identifiers, financial account numbers, health information, precise geolocation) in free-text fields.

License to PHOCA. You grant PHOCA a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, perform, adapt, and create derivative works from your Submissions for operating, maintaining, and improving the Site and our products and for internal business purposes. Personal information is handled under the Privacy Policy.

No Compensation. You are not entitled to compensation or attribution for Submissions or feedback.

Removal; Access Revocation. We may remove any Submission or Content and suspend or terminate access to the Site at any time, with or without notice, if we believe it is necessary or advisable (e.g., for legal, security, or policy reasons).

7. Acceptable Use

You agree not to, and will not assist or permit others to:

Use the Site for any unlawful purpose or in violation of any applicable law or regulation;

Submit content that is infringing, defamatory, obscene, harassing, deceptive, or otherwise objectionable;

Introduce malware or otherwise interfere with the Site’s operation;

Access the Site via automated means (scraping, crawling, data extraction) except through publicly documented interfaces;

Attempt to gain unauthorized access to the Site or related systems;

Impersonate any person or entity or misrepresent your affiliation;

Remove, obscure, or alter proprietary notices;

Use the Site to advertise or promote products/services without our prior written consent.

We may monitor the Site for compliance and take action in our discretion.

8. Communications; Electronic Notices

We provide support by email only. By contacting us or providing your email, you consent to receiving electronic communications related to your inquiry and to these Terms. We do not provide phone support. Electronic communications satisfy any legal requirement that such communications be in writing.

9. Intellectual Property

The Site and Content, and all associated intellectual property rights, are owned by PHOCA or our licensors and are protected by U.S. and international laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site solely for your personal, non-commercial use. No other rights are granted. PHOCA’s names, logos, and product names are trademarks of PHOCA. Other marks are the property of their respective owners.

10. Third-Party Links and Materials

The Site may link to or display third-party websites, services, content, code, or components (including open-source) that we do not control (“Third-Party Materials”). Third-Party Materials are provided under their own terms; we do not endorse or make warranties regarding them. Your use is at your own risk and subject to third-party terms and policies.

11. Copyright Policy; DMCA; Repeat-Infringer Policy

If you believe material on the Site infringes your copyright, email info@phocaenergy.com
with subject “DMCA Notice” and include: (a) your contact information; (b) identification of the copyrighted work; (c) identification and location (URL) of the allegedly infringing material; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act; and (f) your electronic signature.
Repeat Infringers. It is our policy, in appropriate circumstances, to terminate access of users who are repeat infringers.

Stronger protection tip (offline step): consider registering a DMCA agent with the U.S. Copyright Office.

12. Downloads, Transmissions & Security

You download or obtain materials from the Site at your own discretion and risk. You are responsible for implementing anti-virus protections and backups suitable for your environment. We do not warrant that files or transmissions are free of harmful components.

13. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOCA AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

Product & Safety Disclaimers. Do not use PHOCA products outside their intended purpose and always follow product documentation and applicable safety regulations. To the maximum extent permitted by law, PHOCA is not responsible for misuse, improper installation, modification, or operation of any product.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOCA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, PHOCA’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED US$100. Some jurisdictions do not allow certain limitations; in such cases, our liability will be limited to the maximum extent permitted by law.

Time to Bring Claims. ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR BE PERMANENTLY BARRED, to the fullest extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless PHOCA and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your Submissions; or (c) your violation of these Terms or applicable law.

16. Suspension and Termination

We may suspend or terminate your access to the Site, with or without notice, if we believe you have violated these Terms or applicable law, or for any reason in our discretion. Upon termination, Sections that by their nature should survive (including 5–9 and 11–22) will survive.

17. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 18 (Arbitration), you consent to the exclusive jurisdiction and venue of the state and federal courts located in San Mateo County, California (or another California county in which PHOCA is then headquartered) for any action not subject to arbitration.

18. Dispute Resolution; Arbitration; Class-Action Waiver

Informal Resolution. Before filing any claim, you agree to email info@phocaenergy.com
with a brief description of the dispute and your contact information so we can attempt to resolve it within 30 days.

Binding Arbitration. Except for claims that may be brought in small-claims court and claims for injunctive relief, any dispute, claim, or controversy arising out of or relating to the Site or these Terms will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules before a single arbitrator seated in the county specified in Section 17, applying California law. Judgment on the award may be entered in any court with jurisdiction.

Class-Action Waiver. YOU AND PHOCA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out. You may opt out of arbitration by emailing info@phocaenergy.com
within 30 days of your first use of the Site, stating your full name and the email address used on the Site and clearly indicating your desire to opt out of arbitration.

Injunctive Relief. Either party may seek temporary or preliminary injunctive relief in court to protect its rights pending arbitration.

If JAMS is unavailable, the parties may agree on a comparable provider or a court may appoint one.

19. Export and Sanctions Compliance

You agree to comply with all applicable U.S. and international export control and economic sanctions laws. You may not use the Site if you are located in, or are a national or resident of, a country or territory subject to comprehensive U.S. sanctions, or if you are listed on any U.S. government list of prohibited or restricted parties.

20. Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes, shortages, war, terrorism, civil disturbances, governmental action, utility or communications outages, or network failures.

21. No Third-Party Beneficiaries

These Terms are for the sole benefit of you and PHOCA and do not create rights for any third party.

22. Equitable Relief

You agree that unauthorized use of the Site or Content may cause irreparable harm to PHOCA, for which monetary damages are inadequate, and that PHOCA may seek injunctive or equitable relief without posting bond, in addition to any other remedies available at law or in equity.

23. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and PHOCA regarding the Site and supersede all prior or contemporaneous communications.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

No Waiver. Any failure to enforce a provision is not a waiver of the right to do so later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

Headings. Headings are for convenience only and do not affect interpretation.

24. Contact

For questions regarding these Terms, contact us by email only at info@phocaenergy.com
. We do not provide phone support.