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Terms & Conditions

Last Modified: May 26, 2026

ENERGY WORLDNET

TERMS AND CONDITIONS

These Terms and Conditions (these “Terms”) govern access to and use of the Energy Worldnet proprietary software platform, software modules, content modules, and mobile applications, as well as the provision of any Professional Services offered by Energy Worldnet, LLC, a Texas limited liability company, and its affiliates (“EWN,” “we,” “us,” or “our”).

BY ACCESSING OR USING THE SUBSCRIPTION SERVICES, OR BY EXECUTING AN ORDER FORM, STATEMENT OF WORK, OR AGREEMENT THAT INCORPORATES THESE TERMS BY REFERENCE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ACCESSING OR USING THE SUBSCRIPTION SERVICES ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY. IF YOU ARE ACCESSING AND USING THE SUBSCRIPTION SERVICES FOR YOUR INDIVIDUAL PURPOSES, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OR OLDER AND UNDERSTAND AND AGREE TO THESE TERMS.

  1. Subscription Services.
    1. Functionality. The Subscription Services include EWN’s cloud-based learning platform and content management systems, compliance and qualification tools, reporting and analytics, mobile applications, proprietary training and evaluation content, application programming interfaces (APIs), and related support services, as may be updated from time to time.
    2. Right to Access and Use. Subject to Customer’s compliance with these Terms and any applicable Agreement or Order Form, EWN grants Customer and Customer’s Authorized Users, as applicable, a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Subscription Services during the applicable Subscription Term solely for Customer’s personal use, if an individual, or its internal business operations and the training of Customer’s Authorized Users, if an entity.
    3. Renewal Term. Subscription Fees will automatically increase upon each renewal of a Subscription Term by an amount equal to the greater of (a) 5%, or (b) the percentage increase in the Consumer Price Index (CPI-U) for the preceding 12-month period; provided, however, that EWN may apply its then-current standard pricing at renewal if such pricing results in a greater increase. Any restrictions on pricing changes must be set forth in the applicable Order Form.
  2. Accounts, Users, and Administration.
    1. Account Responsibility. Customer is responsible for all access to and use of the Subscription Services under its account, whether or not authorized, and for ensuring that all Authorized Users comply with these Terms.
    2. User Administration. Customer is solely responsible for designating administrators, assigning user permissions, and managing access levels. EWN may rely on instructions from Customer’s designated administrators.
    3. Credentials and Security. Customer shall safeguard all access credentials and notify EWN promptly of any suspected unauthorized access. EWN shall not be liable for losses caused by Customer’s failure to protect credentials.
  3. Acceptable Use and Conduct.
    1. Compliance with Law. Customer shall use the Subscription Services in compliance with all applicable laws, regulations, and industry standards, including those relating to data protection, workplace safety, and training compliance.
    2. Prohibited Activities. Customer shall not, and shall not permit any Authorized User or third party to:
      1. copy, modify, adapt, or create derivative works of the Subscription Services or EWN Materials;
      2. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or underlying structure;
      3. access or use the Subscription Services to develop or support a competing product or service;
      4. sublicense, distribute, sell, lease, or otherwise make the Subscription Services available to third parties;
      5. circumvent or interfere with security features or access controls;
      6. upload malicious code, viruses, or other harmful materials;
      7. use the Subscription Services in violation of third-party rights or applicable law; or
      8. use the Subscription Services other than as expressly permitted under these Terms.
  4. Professional Services. To the extent EWN provides Professional Services under an SOW, EWN warrants that such Professional Services shall be performed in a professional and workmanlike manner consistent with generally accepted industry standards. Customer’s sole and exclusive remedy for breach of this warranty shall be the reperformance of the applicable Professional Services or, if reperformance is not commercially practicable, a refund of the fees paid for the non-conforming services.
  5. Intellectual Property Rights.
    1. EWN Rights. As between the parties, EWN retains all right, title, and interest in and to the Services and EWN Materials, including all intellectual property rights therein. No ownership rights are transferred to Customer. Except for the limited licensed rights expressly granted herein or in an Order Form, EWN reserves all rights in and to the Services and EWN Materials.
    2. Customer Rights. Customer retains all right, title, and interest in and to Customer Data, including all records relating to Customer’s and its Authorized Users’ use of the Services, such as training records, evaluation results, certifications, and completion data. For clarity, Customer Data does not include the Services or EWN Materials.
    3. License. To the extent that any EWN intellectual property is contained in any report or deliverables provided to Customer in connection with the Services, EWN grants Customer a non-exclusive, non-transferable license to use the EWN intellectual property solely as necessary to make use of the report or deliverable for Customer’s internal business purposes.
    4. Restrictions on Use. Customer may not remove or modify any program markings or any notice of EWN or its proprietary rights; make the programs or materials resulting from the Services available in any manner to any third party for use in the third party’s business operations; modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services, or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or Services competitive to EWN; bypass or breach any security device or protection used by the Services; access or use the Services or EWN Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party or that violates any applicable laws, rules, or regulations. The rights granted to Customer under these Terms are conditioned on Customer agreeing no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means (unless Customer has received EWN’s prior written consent).
  6. Customer Data and Data Security.
    1. License to Customer Data. Customer grants EWN a limited, non-exclusive license to host, process, transmit, and use Customer Data solely as necessary to provide the Services and as permitted by EWN’s Privacy Policy. EWN’s processing of Customer Data is subject to these Terms and the Privacy Policy.
    2. Data Security. EWN shall implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, or destruction.
  7. Suspension; Termination. EWN may suspend access to the Subscription Services immediately if Customer or any Authorized User violates these Terms, poses a security risk, or uses the Subscription Services unlawfully. Upon termination or expiration of Customer’s rights, Customer shall cease all use of the Subscription Services and EWN Materials.
  8. Warranties and Disclaimers.
    1. Disclaimer of Warranties. THE SERVICES AND EWN MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    2. No Regulatory Reliance. EWN DOES NOT WARRANT THAT USE OF THE SERVICES OR ANY TRAINING OR COMPLIANCE MATERIALS WILL SATISFY ANY REGULATORY OR LEGAL REQUIREMENT. CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE OBLIGATIONS AND DETERMINATIONS.
  9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES, AN AGREEMENT, ORDER FORM, SOW, OR THESE TERMS EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO EWN DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; PROVIDED THAT THE FOREGOING CAP SHALL NOT APPLY TO (A) A PARTY’S INDEMNIFICATION OBLIGATIONS EXPRESSLY SET FORTH IN THESE TERMS, (B) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, OR (C) A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
  10. Indemnification.
    1. EWN Indemnity. EWN will indemnify, defend, and hold Customer harmless against any third-party claim alleging that Customer’s authorized use of the Subscription Services directly infringes a United States patent, copyright, or trade secret (an “IP Claim”), and will pay any damages and reasonable attorneys’ fees that are attributable to such IP Claim and are awarded in a final judgment against Customer by a court of competent jurisdiction or as set forth in a settlement agreement agreed to by EWN. EWN’s indemnification obligations are conditioned on Customer: (a) promptly notifying EWN in writing of the IP Claim; (b) granting EWN sole control of the defense and settlement of the IP Claim (except that EWN may not settle any IP Claim that imposes any admission of liability or non-monetary obligation on Customer without Customer’s prior written consent, not to be unreasonably withheld); and (c) providing reasonable cooperation and assistance, at EWN’s expense.
    2. Exclusions. EWN has no obligation to indemnify to the extent an IP Claim arises from: (a) Customer Data or non-EWN content or materials; (b) combinations of the Subscription Services with products, services, data, or processes not provided by EWN; (c) modifications to the Subscription Services not made by EWN; (d) Customer’s failure to use updates, upgrades, or fixes provided by EWN; or (e) use of the Subscription Services in violation of any Agreement, Order Form, SOW, these Terms, or any applicable law, rule, or regulation.
    3. Infringement Remedies. If the Subscription Services (or any component thereof) become, or in EWN’s opinion are likely to become, the subject of an IP Claim, then EWN may, at its option and expense: (a) procure the right for Customer to continue using the Subscription Services as permitted herein; (b) modify or replace the affected portion of the Subscription Services with a substantially equivalent service that is non-infringing; or (c) terminate the affected portion of the Subscription Services and refund to Customer any pre-paid, unused fees for the terminated period of the Subscription Term attributable to those Subscription Services. THIS SECTION 10 STATES CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, AND EWN’S ENTIRE LIABILITY, FOR ANY IP CLAIM.
    4. Customer Indemnity. Customer will indemnify, defend, and hold EWN and its officers, directors, employees, agents, and successors and assigns, harmless against any third-party claim arising out of or resulting from: (a) EWN’s use of the Customer Data in connection with the provision of the Services or as otherwise permitted by these Terms; or (b) Customer’s or its Authorized Users’ use of the Services in violation of these Terms or any Agreement, Order Form, or SOW between the Parties, or in violation of applicable laws, rules, or regulations. Customer’s indemnification obligations are conditioned on EWN: (i) promptly notify Customer in writing; (ii) granting Customer sole control of the defense and settlement (except that Customer may not settle any claim that imposes any admission of liability or non-monetary obligation on EWN without EWN’s prior written consent, not to be unreasonably withheld); and (iii) providing reasonable cooperation and assistance, at Customer’s expense.
  11. Modifications. EWN may modify these Terms from time to time. The last modified date on the first page will be updated when a substantive modification has occurred. Continued use of the Services constitutes acceptance of the updated Terms.
  12. Dispute Resolution; Governing Law.
    1. Informal Resolution. The Parties shall use commercially reasonable efforts to resolve any dispute, claim, or controversy arising out of or relating to the Services, Agreement, Order Form, SOW, or these Terms through good faith negotiations between authorized representatives of the Parties. If the Parties are unable to resolve the dispute within sixty (60) days after written notice of the dispute by one Party to the other, either Party may pursue resolution as set forth below.
    2. Binding Arbitration. Except for claims seeking injunctive or equitable relief for misuse of intellectual property or breach of confidentiality, any dispute, claim, or controversy arising out of or relating to the Services, Agreement, Order Form, SOW, or these Terms, including the formation, interpretation, breach, or termination thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single neutral arbitrator, seated in Fort Worth, Texas. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
    3. Arbitration Procedures and Costs. The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision. Each Party shall bear its own attorneys’ fees, costs, and expenses, and the Parties shall share equally the fees and expenses of the arbitrator, unless the arbitrator determines otherwise in an award. The arbitrator may award reasonable attorneys’ fees and costs to the prevailing Party to the extent permitted by applicable law.
    4. Waiver of Jury Trial. THE PARTIES ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, THEY ARE WAIVING ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTE COVERED BY THIS SECTION.
    5. Governing Law. Provision and use of the Services, and these Terms, all Agreements, Order Forms, and SOWs shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
  13. Order of Precedence. In the event of any conflict or inconsistency among these Terms, the agreement entered into between Customer and EWN, or any Order Form or Statement of Work, the following order of precedence applies solely to the extent necessary to resolve such conflict: (1) the applicable Statement of Work, but only with respect to the Professional Services expressly described therein; (2) the applicable Order Form, but only with respect to the Subscription Services expressly licensed therein; (3) the Agreement; and (4) the Terms.
  14. Survival. The obligations contained in Sections 5, 6, 8, 9, 10, 12, 13, and 14 will survive expiration or termination of any Agreement, Order Form, SOW, or the provision of Services.
  15. Definitions.
    1. In addition to terms defined elsewhere, the following terms have the meanings set forth below.
      1. “Agreement” means an Energy Worldnet Master Agreement or other titled agreement between Customer and EWN that provides contractual terms for the provision of the Services to Customer.
      2. “Authorized Users” means Customer’s employees, contractors, and agents who are authorized by Customer to access and use the Subscription Services under Customer’s account in accordance with these Terms and, if applicable, the Agreement.
      3. “Customer” means (i) an individual who is subscribing to and accessing the Subscription Services for the individual’s personal use; or (ii) a party that has entered into an Agreement, Order Form, or Statement of Work in which EWN provides Professional Services to that party and/or that permits that party’s Authorized Users to access and use the Subscription Services.
      4. “Customer Data” means data and content made available by Customer or its Authorized Users in connection with the Services, but excluding EWN Materials and any aggregate or de-identified data that does not identify Customer.
      5. “EWN Materials” means the Services, software, platforms, modules, content, evaluation materials, documentation, interfaces, and other content, materials, or information provided or made available by EWN in connection with the Services, and including all intellectual property rights therein, but excluding the Customer Data.
      6. “Order Form” means an ordering document executed by the Parties that identifies the Subscription Services (and any applicable usage parameters), the Subscription Term, and pricing.
      7. “Party” or “Parties” means EWN and Customer.
      8. “Professional Services” means implementation, configuration, training, consulting, or other professional services performed by EWN as expressly set forth in an applicable Statement of Work.
      9. “Services” means, collectively, the Subscription Services, the Professional Services, and any related services, support, or functionality provided by EWN under an Agreement, Order Form, or SOW.
      10. “Subscription Fees” means fees for the Subscription Services, as set forth in an Order Form.
      11. “Subscription Services” means EWN’s hosted software platform, software modules, mobile applications, and licensed content libraries made available to Customer and Customer’s Authorized Users on a licensed subscription basis.
      12. “Subscription Term” means the initial subscription term and any renewal term for the Subscription Services as set forth in an Order Form.
      13. “Statement of Work” or “SOW” means a written statement of work executed by the Parties that describes Professional Services to be performed by EWN.