Last Updated: June 18, 2026 • Version 1.0
These Terms and Conditions (“Terms,” “Agreement”) constitute a legally binding agreement between you (“User,” “Subscriber,” “you,” or “your”) and Farad Technologies Group, LLC, a Florida corporation (“FTG Energy,” “Company,” “we,” “us,” or “our”), governing your access to and use of the FTG Energy platform, website located at ftgenergy.com, all associated subdomains, applications, services, tools, dashboards, marketplace functionality, and any related software-as-a-service (“SaaS”) offerings (collectively, the “Platform”).
BY CREATING AN ACCOUNT, CLICKING “I AGREE,” ACCESSING THE PLATFORM, OR USING ANY SERVICES PROVIDED BY FTG ENERGY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING ALL POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT CREATE AN ACCOUNT AND MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.
Your agreement to these Terms is a condition precedent to the creation of your account and your access to any and all Platform functionality. No account shall be created, and no services shall be provided, absent your express, affirmative, and informed consent to these Terms. This consent is recorded electronically, including the date, time, Internet Protocol (“IP”) address, device information, and browser user agent from which consent was provided, and such record constitutes conclusive evidence of your agreement.
These Terms are supplemented by and must be read in conjunction with our Terms of Service, Privacy Policy, and any other policies, guidelines, or supplemental terms posted on the Platform or provided to you in connection with specific features or services. In the event of a conflict between these Terms and any supplemental terms, these Terms shall control unless the supplemental terms expressly state otherwise.
2.1. Age Requirement. You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater, to create an account and use the Platform. By registering, you represent and warrant that you meet this age requirement.
2.2. Capacity. You represent and warrant that you have the legal capacity to enter into this Agreement and that you are not prohibited by any applicable law, regulation, or court order from entering into contracts or using the Platform.
2.3. Accurate Information. You agree to provide truthful, accurate, current, and complete information during the registration process and at all times thereafter. You agree to promptly update your account information to maintain its accuracy and completeness. Providing false, misleading, or outdated information constitutes a material breach of these Terms and may result in immediate account suspension or termination without refund.
2.4. Account Security. You are solely and exclusively responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to immediately notify FTG Energy of any unauthorized use of your account or any other breach of security. FTG Energy shall not be liable for any loss or damage arising from your failure to comply with this provision.
2.5. One Account Per Person. Each individual may maintain only one (1) active account on the Platform. Creating multiple accounts, whether directly or through third parties, constitutes a material breach of these Terms and may result in the termination of all associated accounts without refund.
2.6. Restricted Jurisdictions. The Platform is not available to residents of jurisdictions where the services offered would violate applicable law. You represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted jurisdiction. It is your sole responsibility to determine whether your use of the Platform complies with the laws of your jurisdiction.
3.1. Software-as-a-Service. FTG Energy is a software-as-a-service (“SaaS”) subscription platform. The Platform provides subscribers with access to software tools, dashboards, analytics, marketplace functionality, informational resources, and related platform capabilities. The Platform is a technology product. It is not an investment vehicle, securities exchange, broker-dealer, investment advisor, money transmitter, bank, or financial services provider of any kind.
3.2. No Investment Advice. Nothing on the Platform, in these Terms, or in any communication from FTG Energy constitutes investment advice, financial advice, trading advice, tax advice, legal advice, or any other form of professional advice. FTG Energy does not recommend, endorse, or suggest any particular course of action with respect to any financial instrument, asset, security, commodity, or investment of any kind.
3.3. No Expectation of Profit. You expressly acknowledge and agree that your subscription to the Platform and any purchase of FTG Tokens does not constitute an investment and does not create any expectation of profit, return, yield, appreciation, or financial gain from the essential managerial efforts of FTG Energy or any third party. Any value associated with FTG Tokens is derived from the programmatic operation of the underlying patented technology system and from supply and demand dynamics, not from the managerial efforts of FTG Energy.
3.4. Patented Technology. The FTG Energy platform incorporates technology protected by United States Patent No. 11,962,710 B2 (issued April 16, 2024) and United States Patent No. 12,647,288 B2 (issued June 2, 2026), which describe systems and methods for the generation of energy-backed digital units stored in a decentralized ledger. The FTG Token is a digital unit generated by this patented system in connection with metered electrical energy generation.
3.5. Regulatory Classification. Consistent with the joint interpretation issued by the United States Securities and Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (“CFTC”) in Release No. 33-11412 (effective March 23, 2026), FTG Tokens are classified as non-security crypto assets. Specifically, FTG Tokens are energy-backed digital units whose value is intrinsically linked to the programmatic operation of a functional crypto system and to supply and demand dynamics, rather than to an expectation of profits derived from the essential managerial efforts of others. You acknowledge that you have been informed of this classification and that you understand the nature of the asset you are acquiring.
3.6. User Acknowledgment. BY USING THE PLATFORM OR PURCHASING FTG TOKENS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (A) YOU ARE PURCHASING ACCESS TO A SAAS PLATFORM AND/OR ACQUIRING A DIGITAL ASSET AS DESCRIBED HEREIN; (B) YOU ARE NOT MAKING AN INVESTMENT; (C) YOU DO NOT EXPECT TO DERIVE PROFITS FROM THE MANAGERIAL EFFORTS OF FTG ENERGY; (D) YOU HAVE CONDUCTED YOUR OWN INDEPENDENT RESEARCH AND DUE DILIGENCE; (E) YOU UNDERSTAND THE RISKS ASSOCIATED WITH DIGITAL ASSETS; AND (F) YOU ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY, OR STATEMENT BY FTG ENERGY THAT IS NOT EXPRESSLY SET FORTH IN THESE TERMS.
4.1. Subscription Plans. Access to certain features and capabilities of the Platform requires a paid subscription. Subscription plans, pricing, features, and availability are described on the Platform and may be modified by FTG Energy at any time. By subscribing, you agree to pay the applicable subscription fees in accordance with the billing terms presented at the time of purchase.
4.2. Recurring Billing. ALL SUBSCRIPTIONS ARE BILLED ON A RECURRING BASIS (MONTHLY OR ANNUALLY, AS SELECTED BY YOU) UNTIL CANCELLED IN ACCORDANCE WITH THE CANCELLATION PROCEDURES SET FORTH HEREIN. BY SUBSCRIBING, YOU EXPRESSLY AUTHORIZE FTG ENERGY AND ITS PAYMENT PROCESSOR (CURRENTLY STRIPE, INC.) TO CHARGE YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR THE APPLICABLE SUBSCRIPTION FEE PLUS ANY APPLICABLE TAXES, WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR SUBSCRIPTION.
4.3. Payment Method. You must provide a valid payment method (credit card, debit card, or other accepted payment method) to subscribe to the Platform. You represent and warrant that you are authorized to use the payment method provided and that the information associated with your payment method is accurate and complete. You agree to promptly update your payment information if it changes.
4.4. Price Changes. FTG Energy reserves the right to change subscription prices at any time. If a price change affects your current subscription, you will be notified at least thirty (30) days before the change takes effect. Your continued use of the Platform after the effective date of a price change constitutes your acceptance of the new price. If you do not agree to the new price, you must cancel your subscription before the next billing cycle.
4.5. Failed Payments. If a payment fails for any reason, FTG Energy may suspend your access to the Platform until payment is successfully processed. FTG Energy may attempt to charge your payment method multiple times. If payment cannot be collected after reasonable attempts, your subscription may be terminated.
4.6. Taxes. All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties associated with your subscription, excluding taxes based on FTG Energy’s net income.
4.7. Billing Acknowledgment. BY SUBSCRIBING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (A) YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOUR PAYMENT METHOD WILL BE CHARGED ON A RECURRING BASIS; (B) YOU HAVE READ AND UNDERSTAND THE PRICING TERMS; (C) YOU ARE SOLELY RESPONSIBLE FOR MANAGING YOUR SUBSCRIPTION AND CANCELLING IF YOU NO LONGER WISH TO BE BILLED; AND (D) FAILURE TO USE THE PLATFORM DOES NOT CONSTITUTE GROUNDS FOR A REFUND OR CHARGEBACK.
5.1. Ten (10) Day Money-Back Guarantee. FTG Energy offers a one hundred percent (100%) money-back guarantee for a period of ten (10) calendar days from the date of your initial subscription payment (“Refund Window”). During this Refund Window, you may request a full refund of your subscription fee for any reason or no reason at all, by contacting FTG Energy through the Platform’s designated support channels or by emailing support@faradconnect.com.
5.2. Refund Process. To request a refund within the Refund Window, you must submit your request through the Platform’s account settings or by contacting support. Refunds will be processed to the original payment method within five (5) to ten (10) business days. Upon processing of a refund, your account will be downgraded to a free tier or terminated, as applicable.
5.3. Expiration of Refund Window. AFTER THE EXPIRATION OF THE TEN (10) DAY REFUND WINDOW, ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. NO REFUNDS, CREDITS, OR ADJUSTMENTS WILL BE ISSUED FOR ANY REASON AFTER THE REFUND WINDOW HAS CLOSED, INCLUDING BUT NOT LIMITED TO: (A) FAILURE TO USE THE PLATFORM; (B) DISSATISFACTION WITH THE PLATFORM; (C) CHANGE OF MIND; (D) INABILITY TO ACCESS THE PLATFORM DUE TO YOUR OWN TECHNICAL ISSUES; (E) TERMINATION OF YOUR ACCOUNT FOR BREACH OF THESE TERMS; OR (F) ANY OTHER REASON WHATSOEVER.
5.4. Acknowledgment of Refund Policy. BY SUBSCRIBING TO THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT: (A) YOU HAVE BEEN INFORMED OF AND UNDERSTAND THE TEN (10) DAY REFUND WINDOW; (B) YOU UNDERSTAND THAT AFTER THIS WINDOW CLOSES, ALL FEES ARE NON-REFUNDABLE; (C) YOU HAVE HAD ADEQUATE OPPORTUNITY TO EVALUATE THE PLATFORM DURING THE REFUND WINDOW; (D) IF YOU DID NOT REQUEST A REFUND WITHIN THE REFUND WINDOW, YOU ARE DEEMED TO HAVE ACCEPTED THE PLATFORM AND ITS CAPABILITIES; AND (E) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO CANCEL YOUR SUBSCRIPTION THROUGH THE DESIGNATED CANCELLATION PROCESS.
5.5. No Pro-Rata Refunds. If you cancel your subscription after the Refund Window, you will retain access to the Platform until the end of your current billing period, but no pro-rata refund will be issued for the unused portion of your subscription term.
6.1. How to Cancel. You may cancel your subscription at any time through the Platform’s account settings by navigating to your subscription management page and following the cancellation process. Alternatively, you may contact support@faradconnect.com with your cancellation request. Cancellation requests are effective upon confirmation by FTG Energy.
6.2. Effect of Cancellation. Upon cancellation, your subscription will not renew at the end of the current billing period. You will retain access to paid features until the end of your current billing period. After the billing period expires, your account will be downgraded to a free tier with limited functionality, or terminated, as applicable.
6.3. Exclusive Cancellation Method. THE CANCELLATION PROCESS DESCRIBED IN THIS SECTION IS THE SOLE AND EXCLUSIVE METHOD FOR CANCELLING YOUR SUBSCRIPTION. CONTACTING YOUR BANK, CREDIT CARD COMPANY, OR PAYMENT PROCESSOR TO DISPUTE, REVERSE, OR BLOCK CHARGES IS NOT A VALID METHOD OF CANCELLATION AND CONSTITUTES A MATERIAL BREACH OF THESE TERMS. IF YOU WISH TO STOP BEING BILLED, YOU MUST USE THE PLATFORM’S CANCELLATION PROCESS.
6.4. Cancellation Confirmation. Upon successful cancellation, you will receive a confirmation email. If you do not receive a confirmation, you should contact support to verify that your cancellation was processed. It is your responsibility to ensure your cancellation is confirmed.
7.1. Prohibition on Chargebacks. YOU EXPRESSLY AGREE THAT YOU WILL NOT INITIATE, FILE, OR OTHERWISE PURSUE ANY CHARGEBACK, PAYMENT DISPUTE, PAYMENT REVERSAL, OR CLAIM WITH YOUR BANK, CREDIT CARD COMPANY, PAYMENT PROCESSOR, OR ANY THIRD PARTY WITH RESPECT TO ANY CHARGE MADE BY FTG ENERGY OR ITS PAYMENT PROCESSOR IN CONNECTION WITH YOUR SUBSCRIPTION OR ANY PURCHASE MADE ON THE PLATFORM, EXCEPT IN CASES OF VERIFIED UNAUTHORIZED USE OF YOUR PAYMENT METHOD (I.E., ACTUAL FRAUD WHERE YOUR PAYMENT METHOD WAS USED WITHOUT YOUR KNOWLEDGE OR CONSENT BY AN UNAUTHORIZED THIRD PARTY).
7.2. Waiver of Dispute Rights. By agreeing to these Terms, you expressly and irrevocably waive any right to dispute, reverse, or seek a chargeback for any charge that was authorized by you, including but not limited to recurring subscription charges, one-time purchases, and any other fees charged in accordance with these Terms. This waiver is made knowingly, voluntarily, and with full understanding of its implications.
7.3. Acknowledgment of Billing Authorization. You acknowledge and agree that: (A) every charge made to your payment method in connection with your subscription or Platform purchases was expressly authorized by you at the time of subscription or purchase; (B) you were fully informed of the recurring nature of subscription charges; (C) you were provided with a clear and accessible cancellation process; (D) you were offered a ten (10) day money-back guarantee during which you could have obtained a full refund; (E) your continued use of the Platform after the Refund Window constitutes acceptance of the charges; and (F) you have no legitimate basis for disputing any authorized charge.
7.4. Consequences of Unauthorized Chargebacks. If you initiate a chargeback or payment dispute in violation of this Section, you agree that: (A) FTG Energy may immediately suspend or terminate your account without notice; (B) FTG Energy may pursue all available legal remedies, including but not limited to recovery of the disputed amount, chargeback fees, administrative costs, collection costs, and reasonable attorney’s fees; (C) you will be liable for a minimum administrative fee of Two Hundred Fifty Dollars ($250.00) per unauthorized chargeback, in addition to any other damages; (D) FTG Energy may report the chargeback to fraud prevention databases and credit reporting agencies to the extent permitted by law; (E) FTG Energy will submit comprehensive evidence to the payment processor demonstrating that the charge was authorized, including but not limited to: your electronic agreement to these Terms (with IP address and timestamp), your account activity logs, your login history, your IP address records, and any other relevant evidence; and (F) you consent to FTG Energy using your account data, activity logs, and personal information as evidence in any chargeback dispute or legal proceeding.
7.5. Evidence Preservation. You acknowledge and agree that FTG Energy maintains comprehensive records of all account activity, including but not limited to: login timestamps, IP addresses, device information, browser user agents, pages visited, features accessed, transactions completed, and all other interactions with the Platform. These records may be used as evidence in any chargeback dispute, legal proceeding, or regulatory inquiry. You consent to the collection, storage, and use of this information for these purposes.
7.6. Dispute Resolution Before Chargeback. If you have any billing concern, question, or dispute, you agree to first contact FTG Energy directly at support@faradconnect.com or through the Platform’s support channels before taking any other action. FTG Energy will make reasonable efforts to resolve billing concerns within five (5) business days. You agree that contacting FTG Energy directly is a mandatory prerequisite before initiating any external dispute process.
7.7. Survival. The obligations and waivers set forth in this Section 7 shall survive the termination or expiration of your account and these Terms.
8.1. Nature of FTG Tokens. FTG Tokens are energy-backed digital units generated by the patented FTG Energy system (U.S. Patent No. 11,962,710 B2; U.S. Patent No. 12,647,288 B2) in connection with metered electrical energy generation. FTG Tokens are digital assets with functional utility within the FTG Energy platform ecosystem. FTG Tokens are NOT securities, NOT investment contracts, NOT equity interests, NOT debt instruments, and NOT any form of financial instrument that would be subject to regulation under the Securities Act of 1933, the Securities Exchange Act of 1934, or any state securities law.
8.2. Purchase Acknowledgment. By purchasing FTG Tokens, you expressly acknowledge and agree that: (A) you are purchasing a digital asset as described in these Terms and as classified consistent with SEC/CFTC Release No. 33-11412; (B) you are NOT making an investment; (C) you do NOT expect to derive profits from the managerial efforts of FTG Energy or any third party; (D) the value of FTG Tokens may fluctuate based on supply and demand dynamics and the programmatic operation of the underlying system; (E) FTG Energy makes no representation or warranty regarding the future value of FTG Tokens; (F) you may lose some or all of the value of your FTG Tokens; and (G) you have conducted your own independent research and due diligence before making your purchase.
8.3. No Guarantee of Value. FTG ENERGY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE VALUE, PRICE, LIQUIDITY, OR MARKETABILITY OF FTG TOKENS. THE VALUE OF FTG TOKENS MAY DECREASE TO ZERO. FTG ENERGY IS UNDER NO OBLIGATION TO MAINTAIN, SUPPORT, OR ENHANCE THE VALUE OF FTG TOKENS.
8.4. Irreversibility of Token Purchases. All FTG Token purchases are final and non-refundable after the ten (10) day Refund Window described in Section 5. Token purchases are processed through the Platform and recorded on the applicable ledger. Once a purchase is confirmed, it cannot be reversed, cancelled, or refunded except as expressly provided in these Terms.
8.5. Risk Acknowledgment. You acknowledge that digital assets, including FTG Tokens, involve significant risks, including but not limited to: technological risks, regulatory risks, market risks, liquidity risks, and operational risks. You accept all such risks and agree that FTG Energy shall not be liable for any loss arising from these risks.
You agree not to engage in any of the following prohibited activities: (A) using the Platform for any illegal purpose or in violation of any applicable law or regulation; (B) attempting to gain unauthorized access to any portion of the Platform, other accounts, or any systems or networks connected to the Platform; (C) interfering with or disrupting the Platform or servers or networks connected to the Platform; (D) using any automated means, including bots, scrapers, or crawlers, to access or interact with the Platform without express written permission; (E) impersonating any person or entity or misrepresenting your affiliation with any person or entity; (F) engaging in any activity that could damage, disable, overburden, or impair the Platform; (G) attempting to circumvent any security measures or access controls; (H) using the Platform to transmit any malware, viruses, or other harmful code; (I) engaging in market manipulation, wash trading, or any form of fraudulent activity; (J) creating multiple accounts or using the Platform on behalf of unauthorized third parties; (K) reselling, sublicensing, or commercially exploiting Platform access without authorization; or (L) violating any other provision of these Terms.
10.1. Ownership. All intellectual property rights in and to the Platform, including but not limited to all software, code, algorithms, designs, graphics, text, data, databases, trademarks, trade names, logos, patents (including U.S. Patent No. 11,962,710 B2 and U.S. Patent No. 12,647,288 B2), patent applications, trade secrets, and all other proprietary materials, are and shall remain the exclusive property of FTG Energy or its licensors.
10.2. Limited License. Subject to your compliance with these Terms, FTG Energy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use in accordance with these Terms. This license does not include any right to: (A) modify, copy, or create derivative works of the Platform; (B) reverse engineer, decompile, or disassemble any portion of the Platform; (C) sublicense, sell, or transfer your access; or (D) use the Platform for any purpose not expressly authorized by these Terms.
10.3. Feedback. Any feedback, suggestions, or ideas you provide regarding the Platform shall become the exclusive property of FTG Energy, and you hereby assign all rights in such feedback to FTG Energy without compensation.
11.1. Data Collection. By using the Platform, you acknowledge and consent to the collection, storage, processing, and use of your personal information and account activity data as described in our Privacy Policy and these Terms. This includes, without limitation: your name, email address, phone number, IP address, device information, browser user agent, login and logout timestamps, session duration, pages visited, features accessed, transaction history, and all other interactions with the Platform.
11.2. Use of Data for Dispute Resolution. You expressly consent to FTG Energy using your account data, activity logs, IP address records, login history, and any other relevant information as evidence in connection with: (A) any chargeback dispute or payment reversal claim; (B) any legal proceeding; (C) any regulatory inquiry or investigation; (D) any fraud prevention measure; or (E) any other legitimate business purpose. This consent is irrevocable and survives termination of your account.
11.3. Activity Logging. You acknowledge that FTG Energy maintains comprehensive activity logs for compliance, security, and dispute resolution purposes. These logs include, without limitation, every login event, logout event, IP address, device fingerprint, geographic location data (derived from IP), session duration, and platform interactions. These records are maintained for a minimum period of seven (7) years and may be disclosed to payment processors, law enforcement, regulators, or courts as required or permitted by law.
12.1. Disclaimer of Warranties. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FTG ENERGY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FTG ENERGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (C) ANY THIRD-PARTY CONDUCT ON THE PLATFORM; (D) ANY LOSS OF VALUE OF FTG TOKENS; OR (E) ANY OTHER MATTER RELATING TO THE PLATFORM, REGARDLESS OF WHETHER FTG ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. Maximum Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FTG ENERGY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO FTG ENERGY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.4. Essential Basis of the Bargain. You acknowledge that FTG Energy has set its prices and entered into these Terms in reliance upon the limitations of liability and disclaimers of warranties set forth herein, and that the same form an essential basis of the bargain between the parties.
You agree to indemnify, defend, and hold harmless FTG Energy, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees and court costs) arising out of or relating to: (A) your use of the Platform; (B) your violation of these Terms; (C) your violation of any applicable law or regulation; (D) your violation of any third-party right; (E) any chargeback or payment dispute initiated by you in violation of these Terms; (F) any misrepresentation made by you; or (G) any claim that your use of the Platform caused damage to a third party. This indemnification obligation shall survive the termination of your account and these Terms.
14.1. Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, the Platform, or your relationship with FTG Energy (collectively, “Disputes”) shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, except as otherwise provided herein. The arbitration shall be conducted by a single arbitrator in Miami-Dade County, Florida.
14.2. Waiver of Class Action. YOU AND FTG ENERGY AGREE THAT EACH PARTY 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
14.3. Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FTG ENERGY EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.
14.4. Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
14.5. Injunctive Relief. Nothing in this Section shall prevent FTG Energy from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of FTG Energy’s intellectual property rights or confidential information.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. To the extent that any legal proceeding is not subject to the arbitration provision above, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, and you waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise.
16.1. Termination by FTG Energy. FTG Energy may suspend or terminate your account and access to the Platform at any time, with or without cause, with or without notice, in its sole discretion. Grounds for termination include, but are not limited to: violation of these Terms, fraudulent activity, abusive behavior, initiation of unauthorized chargebacks, providing false information, or any other conduct that FTG Energy deems harmful to the Platform or its users.
16.2. Termination by User. You may terminate your account at any time by cancelling your subscription (as described in Section 6) and submitting an account deletion request through the Platform’s support channels.
16.3. Effect of Termination. Upon termination: (A) your right to access the Platform immediately ceases; (B) all licenses granted to you under these Terms are immediately revoked; (C) you remain liable for all fees incurred prior to termination; (D) Sections 7 (Chargeback Policy), 10 (Intellectual Property), 11 (Privacy), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), 15 (Governing Law), and this Section 16 shall survive termination.
16.4. No Refund Upon Termination for Cause. If your account is terminated by FTG Energy for violation of these Terms, you shall not be entitled to any refund of subscription fees or any other amounts paid.
FTG Energy reserves the right to modify, amend, or update these Terms at any time in its sole discretion. Material changes will be communicated to you via email or through a notice on the Platform at least thirty (30) days before they take effect. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cancel your subscription and cease using the Platform before the effective date of the modification.
18.1. Entire Agreement. These Terms, together with the Terms of Service, Privacy Policy, and any other policies incorporated by reference, constitute the entire agreement between you and FTG Energy with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
18.2. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
18.3. Waiver. The failure of FTG Energy to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it at a later time.
18.4. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of FTG Energy. FTG Energy may assign these Terms without restriction.
18.5. Force Majeure. FTG Energy shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, power outages, internet disruptions, or failures of third-party service providers.
18.6. Notices. All notices from FTG Energy to you may be sent to the email address associated with your account. All notices from you to FTG Energy must be sent to legal@ftgenergy.com or to Farad Technologies Group, LLC, [Address], Florida, United States.
18.7. Headings. The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
18.8. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
18.9. Electronic Communications. By using the Platform, you consent to receiving electronic communications from FTG Energy. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
If you have any questions about these Terms, please contact us at:
Farad Technologies Group, LLC
State of Florida, United States of America
Email: legal@ftgenergy.com
Support: support@faradconnect.com
By creating an account on the FTG Energy platform, you confirm that you have read these Terms and Conditions in their entirety, that you understand all provisions contained herein, and that you voluntarily and knowingly agree to be bound by all terms, conditions, policies, waivers, and acknowledgments set forth above. Your electronic acceptance of these Terms, recorded with your IP address, timestamp, and device information, constitutes your legally binding signature and agreement.