Purchase Terms

Scope

These Purchase Terms apply to products and services you buy from Fractal Business Analytics, LLC d/b/a Fractal Energy Storage Consultants (“Fractal”, “we”) through our online store, including long-term market forecasts, nodal forecast add-ons, reports, training and support hours (each a “Product”). By placing an order, you (“Customer”) agree to these Purchase Terms, our Site Terms and our Privacy Policy.

If you have a separate signed agreement with Fractal that covers the same Product, that agreement controls where it conflicts with these Purchase Terms.

Orders and Prices

Prices are shown in U.S. dollars and do not include applicable taxes, which are added at checkout where required. An order is accepted when we send an order confirmation. We may decline or cancel an order, with a full refund, if a Product is unavailable or a price or description was listed in error.

Payment

Payment is due in full at checkout by credit or debit card. Card payments are processed by our payment provider, Stripe. If you need a proposal or invoice instead, contact us before ordering. Products are delivered only after payment is received.

Delivery

Forecasts and reports are delivered electronically to the email address on your order within 5 business days of payment, unless a different schedule is stated on the product page.

Nodal basis risk forecasts are add-ons to a zonal long-term forecast for the same ISO. List your node names in the order notes at checkout. We will contact you if a node needs clarification, and deliver the nodal forecast with or after the zonal forecast.

Training is scheduled on a date agreed with you. Unless agreed otherwise in writing, reasonable travel expenses for on-site training are billed separately.

Support hours are available for consulting, independent engineering and advisory work. Time is recorded in quarter-hour increments and drawn down from your balance. Hours never expire and may not be transferred to another company without our written consent.

License and Permitted Use

Forecasts, reports, training materials and other deliverables (“Deliverables”) remain the property of Fractal. On full payment, we grant you a non-exclusive, non-transferable license to use the Deliverables for your internal business purposes. You may share Deliverables, under confidentiality, with your lenders, investors, partners and advisors for the purpose of evaluating your own projects.

You may not resell, publish, redistribute or sublicense Deliverables, or use them to create a competing product, without our written permission. Any excerpt you share must credit Fractal as the source.

Nature of Forecasts

Forecasts and reports are estimates based on assumptions and data available when they were prepared. Actual market prices and results will differ, possibly materially. Deliverables are not investment, legal, tax or financial advice, and you are responsible for decisions made using them.

Cancellations and Refunds

• You may cancel an order for a full refund before the Product is delivered.
• Forecasts, reports and other digital Deliverables are non-refundable once delivered.
• Training may be rescheduled with at least 10 business days’ notice. Later cancellations are non-refundable.
• Unused support hours are non-refundable.

If a Deliverable is defective or does not match its description, tell us within 30 days of delivery and we will correct it or, if we cannot, refund the price paid for that Product.

Warranty and Limitation of Liability

Except as stated in these Purchase Terms, Products are provided “as is”, and we disclaim all other warranties to the fullest extent permitted by law. Fractal’s total liability arising from any Product is limited to the amount you paid for that Product. Fractal is not liable for indirect, incidental, special or consequential damages, including lost profits or revenue, even if advised of their possibility.

Confidentiality

Each party will keep confidential any non-public information received from the other in connection with an order, using it only to perform or benefit from that order.

Governing Law

These Purchase Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Travis County, Texas.

Changes

We may update these Purchase Terms from time to time. The version in effect when you place an order applies to that order.

Questions

If you have questions about an order or these Purchase Terms, please contact us:

Fractal Energy Storage Consultants
8656 W Hwy 71, Bldg F, Ste 100
Austin, Texas 78735
info@fractalba.com · +1-512-566-7516