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Terms of Service

Effective Date: 1/1/2026
Company: Powermatrix LLC d/b/a Enerex (“Enerex”, “Company”, “we”, “us”, or “our”)

1. Agreement to Terms

By accessing or using Enerex’s services, applications, integrations, or websites (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”).

If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity.

2. Description of Service

Enerex provides software products and integrations designed to facilitate data processing, analytics, and synchronization across third-party systems, including but not limited to BrokerHub and HubSpot.

The Service may include:

  • Data ingestion and transformation
  • Data synchronization between systems
  • Reporting, analytics, and automation features

Important constraint:
Enerex does not guarantee completeness, accuracy, or timeliness of any data processed through the Service.

3. Third-Party Services and Integrations

The Service integrates with third-party platforms, including BrokerHub and HubSpot (“Third-Party Services”).

3.1 No Control Over Third Parties

Enerex:

  • Does not control Third-Party Services
  • Is not responsible for their availability, functionality, or security

3.2 Dependency Disclaimer

The Service depends on Third-Party Services that may:

  • Change APIs without notice
  • Impose rate limits or restrictions
  • Experience outages or degradation

Enerex shall not be liable for any impact resulting from such changes.

3.3 Third-Party Terms

You are responsible for complying with all applicable Third-Party Service terms.

4. Customer Data

4.1 Ownership

You retain all rights to data you submit or process through the Service (“Customer Data”).

4.2 License to Enerex

You grant Enerex a limited license to:

  • Access
  • Process
  • Transmit

Customer Data solely to provide the Service.

4.3 Responsibility

You are solely responsible for:

  • Data accuracy
  • Data legality
  • Proper authorization to use and transfer such data

5. Acceptable Use

You agree not to:

  • Violate any laws or regulations
  • Interfere with or disrupt the Service
  • Reverse engineer or attempt to extract source code
  • Abuse APIs or exceed reasonable usage limits
  • Use the Service to transmit unlawful or unauthorized data

6. Availability and Modifications

6.1 No Guarantee of Availability

The Service is provided on an:

  • “as-is”
  • “as-available”

basis without guarantees of uptime or performance.

6.2 Changes

Enerex may:

  • Modify or discontinue features
  • Change integrations
  • Update technical requirements

at any time without liability.

7. Fees and Payment

(If applicable — otherwise remove)

  • Fees are defined in your order form or agreement
  • All fees are non-refundable unless otherwise stated
  • Failure to pay may result in suspension or termination

8. Confidentiality

Each party agrees to protect the other party’s confidential information and use it only for purposes of performing under these Terms.

Customer Data is treated as confidential information.

9. Intellectual Property

Enerex retains all rights, title, and interest in and to:

  • The Service
  • Software
  • Documentation
  • Improvements and derivatives

No rights are granted except as expressly stated.

10. Indemnification

You agree to indemnify and hold harmless Enerex from any claims arising out of:

  • Your use of the Service
  • Your Customer Data
  • Your violation of applicable laws or third-party terms

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”
  • ENEREX DISCLAIMS ALL WARRANTIES, INCLUDING:
    • MERCHANTABILITY
    • FITNESS FOR A PARTICULAR PURPOSE
    • NON-INFRINGEMENT

Enerex does not warrant that:

  • The Service will be uninterrupted or error-free
  • Data will be accurate or complete
  • Integrations will function continuously

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Excluded Damages

Enerex shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, revenue, or data
  • Business interruption

12.2 Liability Cap

Enerex’s total liability shall not exceed:

The fees paid by you to Enerex in the twelve (12) months preceding the claim.

12.3 Third-Party Failures

Enerex shall not be liable for damages arising from:

  • BrokerHub or HubSpot failures
  • API changes or outages
  • Third-party data inaccuracies

(This mirrors how leading SaaS providers explicitly separate liability from third-party products.) (Legal HubSpot)

13. Term and Termination

13.1 Termination by You

You may stop using the Service at any time.

13.2 Termination by Enerex

Enerex may suspend or terminate access:

  • For violation of these Terms
  • For legal or security risks
  • For non-payment

13.3 Effect of Termination

Upon termination:

  • Access to the Service may be revoked
  • Customer Data may be deleted in accordance with policy

14. Changes to Terms

Enerex may update these Terms from time to time.

Continued use of the Service constitutes acceptance of updated Terms.

(This follows standard SaaS practice of unilateral updates with notice.) (Legal HubSpot)

15. Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of laws principles.

16. Miscellaneous

  • These Terms constitute the entire agreement
  • If any provision is invalid, the remainder remains enforceable
  • Failure to enforce any right is not a waiver