Terms of Service

1. Acceptance of Terms

By accessing or using Capacity Test Optimizer ("the Service"), operated by Capacity Test Optimizer ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Capacity Test Optimizer is a web-based platform that helps PJM combustion turbine and combined cycle power plant operators identify optimal capacity test windows using hourly weather forecasts and plant-specific data. The Service provides recommendations based on eligibility criteria, weather conditions, and scoring algorithms.

The Service is provided for informational and planning purposes only. Recommendations should be validated against your plant's specific requirements and operational procedures before making testing decisions.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information remains current and accurate

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble the Service
• Share your account credentials with unauthorized parties
• Use automated systems to access the Service without permission
• Transmit any malicious code or harmful content

5. Subscription and Payment

The Service offers both free and paid subscription tiers. For paid subscriptions:

• Billing occurs monthly at the rate specified at the time of purchase
• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time through your account settings
• Refunds are provided on a case-by-case basis; contact us for refund requests
• We reserve the right to modify pricing with 30 days' notice

All payments are processed securely through Stripe. We do not store your payment card information on our servers.

6. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Capacity Test Optimizer and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

You retain ownership of any data you upload to the Service. By uploading data, you grant us a limited license to use, process, and store that data solely for the purpose of providing the Service to you.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may:

• Perform scheduled maintenance with reasonable notice
• Experience unplanned outages due to technical issues
• Modify, suspend, or discontinue features with notice

Weather data and forecasts are provided by third-party sources. We are not responsible for the accuracy, timeliness, or availability of third-party data.

9. Disclaimer of Warranties

THE SERVICE IS 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 recommendations will result in successful capacity tests, that the Service will meet your specific requirements, or that the Service will be error-free or uninterrupted.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPACITY TEST OPTIMIZER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers
• Any errors or omissions in any content or data
• Any decisions made based on Service recommendations

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Capacity Test Optimizer and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

Upon termination, your right to use the Service will cease immediately. You may request export of your data within 30 days of termination by contacting support.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in the United States.

15. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: [email protected]
• Or use our contact form