Terms of Service

Last updated: May 13, 2026 · v1.1

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the websites, applications, data, and services operated by SecondWatt, Inc. ("SecondWatt", "we", "us", or "our"), including secondwatt.com and any related subdomains (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

Your use of the Platform is also subject to our Privacy Policy, which describes how we collect, use, and disclose information.

2. Eligibility & Accounts

The Platform is intended for use by power-systems professionals, data center developers, utilities, EPCs, financiers, equipment owners, and authorized representatives of the foregoing. You must be at least 18 years old and have the authority to bind your organization. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3. Platform Services & Role

SecondWatt operates a power intelligence platform providing market data, equipment intelligence, pricing benchmarks, and analytical tools for power-generation infrastructure procurement. Where SecondWatt facilitates introductions between buyers, sellers, financiers, or service providers, we act as a mediator and facilitator — we are not a party to any underlying purchase, sale, lease, financing, or service agreement between users.

• Anonymization. Where applicable, seller identities, exact equipment locations, and confidential commercial details may be masked by default and released only through SecondWatt's mediated process after appropriate qualification and execution of agreements (e.g., NDA, LOI, escrow).
• Mediated workflow. Listings, RFQs, and inquiries facilitated through the Platform are routed through SecondWatt. Direct contact with a counterparty discovered through the Platform's mediated process, outside SecondWatt's workflow, is prohibited and may result in suspension and liability for circumvention.
• No agency or fiduciary role. SecondWatt does not take title to equipment, does not warrant condition or provenance, does not act as an agent or fiduciary for any party, and is not responsible for the performance of any third-party seller, buyer, partner, financier, logistics provider, or service provider.

4. Pricing Data, Market Intelligence & No Warranty

The Platform provides pricing benchmarks, market intelligence, equipment dossiers, technology comparisons, and analytical tools (collectively, "Intelligence Data"). Intelligence Data is compiled from public filings (FERC, EPA, NERC, EIA, SEC), manufacturer disclosures, transaction observations, and editorial research.

No warranty. Intelligence Data is provided "AS IS" and "AS AVAILABLE" for informational purposes only. SecondWatt makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, currency, fitness for a particular purpose, or non-infringement of any Intelligence Data, including without limitation pricing benchmarks, lead-time estimates, capacity figures, emissions data, or vendor comparisons.

Not a quote. No price, range, index value, or estimate displayed on the Platform constitutes a binding offer, quote, appraisal, or commitment by SecondWatt or by any seller. Actual transaction prices depend on condition, vintage, specifications, location, market conditions, financing terms, and direct negotiation with the counterparty.

Not professional advice. The Platform does not provide engineering, legal, financial, tax, regulatory, investment, or insurance advice. You are solely responsible for independently verifying any data, conducting your own due diligence, and engaging qualified professionals before making procurement, financing, siting, or operational decisions.

AI-assisted research and analysis. Portions of the Platform's Intelligence Data, including articles, summaries, and analytical content, are produced or assisted by artificial intelligence systems with human editorial review. SecondWatt verifies factual claims against authoritative sources but does not warrant that AI-generated or AI-assisted content is free from errors. Readers should independently verify any data point before relying on it.

Service-level expectations. SecondWatt targets commercially reasonable availability of the Platform but does not guarantee uninterrupted or error-free operation. Scheduled maintenance, third-party outages, force majeure events, and data-pipeline reprocessing may cause temporary unavailability or revisions to previously displayed Intelligence Data without notice.

5. Acceptable Use

You agree not to:

• Scrape, crawl, harvest, or use automated means to extract data from the Platform except as expressly permitted by us in writing or via documented APIs. This restriction does not prohibit search engine indexing crawlers (e.g., Googlebot, Bingbot) operating in accordance with our published robots.txt directives.
• Resell, sublicense, redistribute, or repackage Intelligence Data, listings, or content without our prior written consent.
• Attempt to identify masked sellers, reverse-engineer anonymization, or solicit counterparties outside the Platform's mediated workflow.
• Submit false, misleading, or fraudulent listings, RFQs, financial information, or qualifications.
• Upload malicious code, attempt to breach security, probe for vulnerabilities, or interfere with Platform operation.
• Use the Platform in violation of applicable export controls, sanctions, anti-corruption laws, environmental regulations, or competition laws.

6. User Submissions

When you submit listings, RFQs, specifications, photos, documents, or other content ("User Submissions"), you represent that you have all rights necessary to do so and grant SecondWatt a worldwide, royalty-free, sublicensable license to host, display, process, anonymize, and use User Submissions for the purpose of operating the Platform and facilitating mediated transactions. You remain responsible for the accuracy and legality of your User Submissions.

7. Fees & Commissions

Access to certain Platform features and the Intelligence Layer is currently provided at no cost; SecondWatt reserves the right to introduce paid subscriptions, premium features, or transaction fees with reasonable notice. Mediation, brokerage, sourcing, and partner-program fees are governed by separate written agreements between SecondWatt and the relevant party. Where commissions apply, they are disclosed and agreed in writing prior to closing.

8. Intellectual Property

The Platform, including all software, design, branding, dossiers, indices, editorial content, and compilations of Intelligence Data, is owned by SecondWatt or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND ALL CONTENT, DATA, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SECONDWATT, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE PLATFORM OR ANY INTELLIGENCE DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SECONDWATT'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO SECONDWATT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND U.S. DOLLARS ($1,000).

11. Indemnification

You agree to defend, indemnify, and hold harmless SecondWatt and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your User Submissions, (ii) your use of the Platform, (iii) your violation of these Terms, or (iv) your violation of any third-party right or applicable law.

12. Suspension & Termination

We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including suspected violation of these Terms. Upon termination, your right to access the Platform ceases immediately. Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification, and governing law) will survive.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Platform will be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction of those courts.

14. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above will reflect when changes take effect. For material changes (those affecting your rights or obligations in any meaningful way), we will provide at least thirty (30) days' notice by email to registered account holders and via prominent notice on the Platform. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us.