These Terms of Service and Data License Agreement ("Agreement") govern your access to and use of the Optimized Site Candidate Intelligence product and all related data, maps, scores, and analysis (collectively, the "Data") provided by AI Data Center Impact ("we," "us," or "our"). By purchasing access or using the Data, you ("User," "you," or "Licensee") agree to be bound by this Agreement in full.
If you do not agree to these terms, do not purchase or use the Data.
1. License Grant
Subject to your compliance with this Agreement and timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Data solely for your own internal business purposes ("Permitted Use").
State, Region, and National license users receive access to the geography and features identified in their order for the duration of the active subscription period only. Upon cancellation or non-renewal, access terminates immediately and continued use of Data obtained during the subscription period is prohibited.
Licenses are issued to the purchasing organization. Authorized seats are defined separately in the applicable order and may not be shared outside that organization. National self-service checkout activates the purchasing user's named seat; any additional seats are established separately in writing.
The current National hosted checkout bills $800 every 30 days. The advertised $9,600 price is the annualized cost of twelve monthly payments, not a single annual charge. State and Region licenses require a written scope confirmation before checkout.
Eligible upgrades receive a credit toward the replacement license: the full unused prorated value at any time, or the full original license value when upgrading within 90 days of purchase. Credits are not applied automatically by hosted checkout; you must contact us before purchasing the upgrade so the credit can be documented and applied to the replacement order.
2. Prohibited Uses
You expressly agree that you will not, directly or indirectly:
- ✕Redistribute, resell, sublicense, transfer, or otherwise make the Data (or any portion thereof) available to any third party, whether for compensation or free of charge.
- ✕Share screenshots, exports, screen recordings, printed copies, or any other reproduction of the Data - including maps, site lists, scores, or coordinates - with any person or entity outside your organization.
- ✕Publish, post, or otherwise make the Data publicly available through any medium, including websites, social media, email lists, research publications, or press releases, without our prior written consent.
- ✕Incorporate the Data into any competing product, database, or service, or use it to train, fine-tune, or benchmark any machine learning model.
- ✕Use automated means (scraping, crawling, bots, or APIs) to extract, copy, or mirror the Data beyond what is provided through our authorized API access.
- ✕Remove, obscure, or alter any watermark, copyright notice, proprietary legend, or attribution embedded in or overlaid on the Data.
- ✕Reverse-engineer, decompile, or attempt to derive the underlying methodology, weighting, or scoring algorithms used to produce the Data.
- ✕Use the Data in any manner that violates applicable law, regulation, or third-party rights.
3. Watermarking & User Identification
All Data views, maps, and exports are watermarked with your registered account email address and a confidentiality notice. This watermark is embedded both visibly (overlaid on the map interface) and, where technically feasible, invisibly within the Data itself.
You acknowledge and consent to this watermarking. You agree that the presence of your watermark on any unauthorized copy constitutes evidence that the unauthorized distribution originated from your account, and that we may use this evidence in any enforcement action.
Attempting to crop, edit, obscure, or otherwise remove or diminish the watermark is itself a material breach of this Agreement and may constitute a violation of applicable law.
4. Data Ownership & Intellectual Property
All Data, including but not limited to site scores, feasibility ratings, climate impact methodology, geographic coordinates, and derived analysis, is and remains the exclusive intellectual property of AI Data Center Impact. This Agreement grants you a limited license to use the Data; it does not transfer any ownership interest to you.
Underlying third-party data sources (eGRID, LBNL, NOAA, EIA, AirNow) are used under their respective licenses and are not owned by us. Our proprietary contribution is the multi-factor scoring methodology, aggregation, and Optimized Site Candidate Intelligence layer derived from those sources.
5. No Warranty; Limitation of Liability
THE DATA IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE DATA IS ACCURATE, COMPLETE, CURRENT, OR FREE FROM ERRORS.
The Data is intended as a directional screening tool only. It is not a substitute for site-specific engineering studies, interconnection feasibility assessments, environmental impact analyses, or legal due diligence. You assume all risk associated with reliance on the Data for any business, investment, or development decision.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
6. Enforcement, Liquidated Damages & Termination
Any breach of the Prohibited Uses in Section 2 or the watermarking provisions in Section 3 constitutes a material breach of this Agreement and will result in immediate termination of your license, without refund, and without prejudice to any other remedies available to us.
Liquidated Damages.
The parties acknowledge that actual damages from unauthorized redistribution of the Data are difficult to quantify precisely, given the proprietary nature of the scoring methodology, the commercial value of the site list, and the competitive harm caused by disclosure. Accordingly, in lieu of proving actual damages on a case-by-case basis, you agree to pay the following liquidated damages, which represent a reasonable estimate of harm and not a penalty:
- !Sharing or transmitting any portion of the Data to one (1) to five (5) unauthorized recipients: $15,000 per incident.
- !Sharing or transmitting any portion of the Data to more than five (5) unauthorized recipients: $40,000 per incident.
- !Publishing, posting, or otherwise making any portion of the Data publicly available (including via websites, data aggregators, AI training sets, research publications, or social media): $75,000 per incident.
- !Incorporating the Data into a competing commercial product or service: $100,000 per incident.
These amounts are cumulative and not exclusive. We may seek injunctive relief, actual damages in excess of the liquidated amounts if provable, statutory damages, and attorneys' fees in addition to liquidated damages. Given the proprietary nature of the Data, we and you agree that monetary damages alone may be insufficient and that equitable relief is appropriate.
We may audit your use of the Data at any time upon reasonable notice. You agree to cooperate with any such audit and to certify in writing your compliance with this Agreement upon our request.
7. Governing Law & Disputes
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
8. Changes to This Agreement
We may update this Agreement from time to time. We will notify you of material changes via the email address associated with your account. Continued use of the Data following notice of changes constitutes your acceptance of the revised Agreement.
9. Contact
Questions about this Agreement should be directed to our support page.
Privacy Policy
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