How this document is organized. Part I applies to everyone who uses any Wright One service. Part II contains additional terms for particular services — you are bound by the terms in Part II only for the services you actually access or use. Part III covers the public certificate verification page and applies to anyone who uses it, customer or not.

If Part II conflicts with Part I, Part II controls for that service. If a signed agreement conflicts with either, the signed agreement controls.

PART I — GENERAL TERMS

1. Agreement to these Terms

1.1 Who these Terms are between

These Terms of Service (the “Terms”) are a binding agreement between Wright One, Inc., a Texas corporation (“Wright One,” “we,” “us”), and the person or entity that creates an Account, purchases or receives our products, or otherwise uses the Services (“you,” “Customer”).

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” means that entity. If you do not have that authority, do not accept these Terms or use the Services.

1.2 What these Terms cover

“Services” means, collectively: the Portal and the Agent; WrightProof inspection, testing, certification, scoring and verification; warranty administration, claim intake, fault attribution and RMA processing; the Credit balance and its ledger; telemetry ingestion, monitoring, alerting, reporting and analytics; control features that act on Equipment; and any other Wright One product or service that links to or references these Terms.

Some Services are also governed by additional documents — the Limited Warranty, a hardware purchase or consignment agreement, an order form, a master services agreement, a reseller agreement, or a product-specific schedule. Section 1.5 explains which controls when they disagree.

1.3 Acceptance

You accept these Terms by checking the box or clicking the button presented alongside a link to them, by signing an order form or agreement that references them, or by accessing or using the Services. If you do not agree, do not use the Services.

We keep a record of your acceptance, including the date and time, the IP address used, the version of the Terms presented, and the Account and user that accepted. We maintain an archive of prior versions of these Terms, and the version in effect on the date of a transaction governs that transaction.

1.4 Electronic records and notices

You consent to transact with us electronically and to receive contracts, notices, disclosures, invoices, warranty documents, statements and other communications from us by electronic means, including through the Portal and to the email address on your Account. You are responsible for keeping that address current. Electronic records satisfy any legal requirement that such communications be in writing.

General bulletins. Service bulletins, firmware advisories, compatibility notices and similar one-to-many communications may be published in the Portal or in a clearly identified section of our website, and are considered delivered 7 days after posting. This does not apply to notices of material change under Section 14, which are sent individually.

1.5 Order of precedence

From highest to lowest:

1. a signed enterprise order form or master services agreement between you and Wright One;
2. the Wright One Limited Warranty applicable to your Equipment;
3. a signed hardware purchase, consignment or reseller agreement;
4. Part II or Part III of these Terms, for the service they govern;
5. Part I of these Terms;
6. documentation, published schedules, the Supported Equipment list, help center content and other materials referenced in these Terms.

Where a higher-ranked document conflicts with a lower one, the higher controls only to the extent of the conflict and only for the service or transaction it governs.

The Wright One Privacy Policy is a notice document. It is not incorporated into these Terms and does not create contractual obligations.

1.6 Where the Services are offered

The Services are offered for use in the United States. You may not access or use the Services from, or deploy Equipment enrolled in the Services in, the European Economic Area, the United Kingdom or Switzerland without our prior written agreement. We may decline to provide, or may discontinue, Services in any jurisdiction.

1.7 Time

All measurements, accruals, billing periods, notice periods and deadlines under these Terms are calculated in Coordinated Universal Time (UTC), unless a document expressly states otherwise.

2. Definitions

“Account” — the workspace attributable to a single legal person or business, under which Users, Sites, Equipment and service configurations are managed.

“Agent” — the Wright One collector software that runs on your network and links your Equipment to the Portal.

“Covered Machine” — a unit of Equipment enrolled in Wright One warranty coverage and identified by serial number in the Portal.

“Credits” — prepaid service credits described in Section 6.

“Customer Content” — information you or your Users submit: Account and contact details, fleet configuration, Site labels and layouts, claim narratives, uploaded documents and support communications.

“Derived Data” — statistics, models, model weights, classifiers, scores, benchmarks, distributions, failure-mode taxonomies and other outputs Wright One generates from Telemetry Data, Customer Content or Service Data, in a form that does not identify you or any individual customer.

“Equipment” — mining machines, cooling hardware, fans, power supplies, control boards and other physical products sold, consigned, serviced, certified, monitored or controlled through the Services.

“Facility Operator” — the operator of a Site, where that is someone other than you.

“Service Data” — data generated by operation of the Services: logs, authentication and audit records, Portal and API usage, ledger entries, claim and RMA records, and certification records.

“Site” — a physical location within your Account where Equipment is installed and operated. A Site has Equipment, and it also has environmental and electrical characteristics — ambient conditions, air quality, power quality and available load — which may be measured, reported by you, or estimated.

“Supported Equipment” — the miner models, firmware versions, control boards and configurations we publish as supported. The current list is published on our website and in the Portal and may change.

“Telemetry Data” — machine- and Site-level operational data ingested from Equipment or from the systems that operate it, including hashrate and per-board output, chip and board temperatures and imbalance, hardware error counts, fan RPM and duty, power draw, voltage and frequency settings, firmware version and identifiers, pool configuration, uptime and downtime, throttle and curtailment events, and fault records.

“User” — a named individual authorized to access your Account.

“WrightProof” — Wright One’s inspection, testing, certification and scoring process, and the certificates, scores and reports it produces.

3. Accounts, Users, Sites and Equipment

3.1 One Account per legal entity

Each Account is attributable to a single legal person or business. Under it you may create Users, define Sites, and enroll Equipment.

You may not create multiple Accounts to circumvent usage limits, trial restrictions, billing thresholds, pricing tiers or any other term. Where we determine that multiple Accounts have been created by or for the benefit of a single entity, we may merge, suspend or terminate them, and we will tell you what we have done and why.

3.2 Registration and accuracy

You will provide accurate, current and complete information and keep it up to date, including the entity’s legal name, state of formation, and the name and role of the person accepting these Terms.

You will not misrepresent your identity, your Account, your fleet size or composition, your Sites, or any other information material to the provision, pricing or coverage of the Services.

3.3 Users, credentials and security

You are responsible for all activity under your Account and your Users’ accounts, for keeping credentials and API keys confidential, and for notifying us promptly of suspected unauthorized access. We are not liable for loss arising from unauthorized use of your credentials.

Because the Services can act on physical Equipment, credential compromise can cause physical consequences. Review your User list and API keys regularly and remove access promptly when personnel change.

3.4 Sites

You will identify each Site, keep its details current, and tell us when Equipment moves between Sites. Site information affects monitoring, fault attribution, scoring and warranty coverage, and inaccurate Site information may cause any of them to be wrong.

4. Equipment you enroll — authority, hosting and third parties

This section is fundamental. Much of what the Services do only works because you tell us we may act with respect to particular machines.

4.1 Your representation of authority

For every unit of Equipment you enroll, you represent and warrant that you either own it, or are authorized by its owner to enroll it, to permit us to receive Telemetry Data from it, to permit us to use that data as described in Section 7, and — where you enable a feature that acts on Equipment — to permit us to change its settings.

4.2 Equipment at a third-party Facility

Where Equipment is installed at a Site you do not operate, you represent and warrant that your agreement with the Facility Operator permits you to provide Site and Equipment data to us and to authorize the uses in Section 7, and that our receipt and use of it will not breach any confidentiality or data restriction binding you.

4.3 Using the Services on behalf of someone else

If you use the Services in relation to Equipment owned by a third party, or you operate a Site on behalf of machine owners, you must be authorized to accept these Terms on that party’s behalf. Doing so makes that party subject to these Terms, and you remain liable for their compliance with them.

4.4 Equipment subject to financing, lease or lien

If enrolled Equipment is financed, leased, pledged as collateral or subject to a lien, you are responsible for confirming that enrollment, telemetry sharing, firmware changes and any control feature you enable are permitted under those arrangements. Some financing and insurance contracts require stock firmware or prohibit configuration changes. We are not liable for any default, acceleration, coverage denial or other consequence under those arrangements arising from your use of the Services.

4.5 Indemnity

You will indemnify us under Section 11.2 against claims by an Equipment owner, Facility Operator, lender, lessor or insurer arising from our receipt or permitted use of data, or from actions we take pursuant to a feature you enabled.

5. Acceptable use

You will not, and will not permit anyone to:

Integrity of the Services and of measurement

• interfere with, tamper with, falsify, spoof, replay or suppress Telemetry Data, fan control, thermal control, power reporting or fault reporting, or install or use software intended to do so;
• misrepresent serial numbers, hardware configuration, board counts, hashrate, firmware version, or Site conditions, whether to obtain warranty coverage, to obtain or improve a WrightProof score, to affect pricing, or for any other purpose;
• manipulate fleet composition, Equipment power state or enrollment status to affect measurement, accrual or billing, including by curtailing or de-enrolling Equipment during a measurement period;
• circumvent or attempt to circumvent any technical measure we use to enforce these Terms, meter usage, verify certificates or protect the Services;

Access and content

• resell, sublicense or provide access to the Portal or the Agent to a third party, except as expressly permitted;
• scrape, crawl or bulk-extract data from the Portal or the verification page other than through interfaces we provide, or systematically compile our data into a collection, compilation, database or directory;
• reverse engineer, decompile or attempt to derive our models, scoring methodology, Agent or source code;
• use the Services to develop, train or benchmark a competing monitoring, certification, warranty or risk-scoring product;
• misrepresent a WrightProof certificate, score or verification result, or present one as covering Equipment it does not cover;

Everything else

• upload malware, or use the Services to violate law or infringe anyone’s rights;
• use the Services in a way that degrades performance or availability for other customers, or that damages or overburdens our infrastructure or another customer’s equipment.

We may investigate suspected violations, and may suspend access under Section 13.2. Where a violation affects measurement, accrual or a warranty determination, we may correct the affected records and, where the violation obtained a benefit, reverse it.

6. Credits, fees and payment

6.1 What Credits are

Credits are prepaid service credits redeemable solely for Wright One products and services.

Credits are not money. A Credit balance is not a deposit, stored value, a payment instrument, a gift card or gift certificate, a security, an investment, a custodial holding, or an amount payable to you in cash. It is a non-transferable contractual right to apply value against future Wright One goods and services, and nothing else.

Credits:

• are denominated in U.S. dollars at a published, fixed rate;
• do not expire;
• carry no dormancy, inactivity, maintenance or service fee of any kind;
• have no cash value and are not redeemable or refundable in cash except as expressly stated in Section 6.7;
• are not transferable, and cannot be sold, assigned, pledged or traded, except by transfer down an authorized dealer hierarchy we have approved in writing;
• bear no interest, yield, dividend, revenue share or other return; and
• confer no ownership interest, voting right, governance right or economic participation in Wright One.

6.2 Buying Credits

You may fund a balance by the payment methods we make available. Amounts are applied on receipt of cleared funds. We may set minimum and maximum balances and may decline any purchase.

6.3 Using Credits

Charges are debited as incurred. Where your balance is insufficient, we may charge your saved payment method. Debits are recorded on an append-only ledger and your balance is derived from it. Credits are consumed first-in, first-out, and each debit records the U.S. dollar basis of the Credits consumed.

6.4 Fees

Fees — certification, RMA handling and shipping, paid Portal tiers, event charges and any other chargeable item — are as published in the Portal or stated in your order form, and are exclusive of taxes. Where a fee is calculated from a third-party cost we advance on your behalf (such as freight), we may charge that cost plus a stated handling percentage, or a stated all-in price, as published at the time.

6.5 Recurring charges and automatic top-up

If you enroll in automatic top-up or any recurring charge:

• we will disclose all material terms — amount or method of calculation, frequency, and how to cancel — clearly and conspicuously before collecting your billing information, and obtain your express, separately captured consent;
• you may cancel at any time through a simple, one-step mechanism in the Portal, without contacting us and without penalty;
• cancellation takes effect before the next charge if made at least one business day beforehand; and
• we will send a reminder before any renewal or charge for a committed term, at the intervals required by law.

6.6 Invoiced accounts

Net 30 from invoice date unless otherwise agreed. Invoiced accounts are not subject to automatic suspension for a zero balance. Undisputed past-due amounts may bear interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend paid features on 10 days’ written notice and an opportunity to cure.

6.7 Refunds

Credits are non-refundable except that we will refund the unused U.S. dollar value of your balance:

• if you reject a material amendment under Section 14.2 and terminate;
• if we terminate these Terms for convenience under Section 13.3; or
• where a refund is required by applicable law.

Refunds go to the original payment method where practicable. This Section does not create a general right to cash out a balance.

6.8 Inactive balances

Credits do not expire and we do not forfeit them for inactivity. Where a balance remains unused and your Account is inactive for the period specified by applicable unclaimed-property law, we will attempt to contact you at the address on your Account and will handle the balance as that law requires. Keep your contact details current so we can reach you.

6.9 Disputed charges

Notify us within 60 days of a charge appearing on your ledger or invoice, with enough detail for us to investigate. We will investigate promptly and correct any error by compensating ledger entry. Charges not disputed within that window are final.

6.10 Taxes

You are responsible for all sales, use, excise, gross receipts and similar taxes, other than taxes on our net income. If you are exempt, provide a valid exemption certificate before the transaction.

6.11 Credits are separate from financing

Your balance does not cure, offset, secure or affect any obligation under a hardware purchase, financing, consignment or lease arrangement, and vice versa. Those ledgers reconcile independently.

7. Data

7.1 Categories

Customer Content, Telemetry Data, Service Data and Derived Data, as defined in Section 2.

7.2 Your rights

As between you and Wright One, you retain all rights in Customer Content and in Telemetry Data generated by Equipment you own or operate. Nothing here transfers ownership of that data to us.

7.3 Our rights

You grant Wright One a worldwide, non-exclusive, royalty-free, sublicensable right to host, store, process, transmit, analyze and otherwise use Customer Content, Telemetry Data and Service Data for the following purposes, and no others:

1. operating the Services — delivering the Portal, the Agent, monitoring, alerting, reporting and analytics to you;
2. certification and verification — performing WrightProof testing, issuing certificates and scores, and supporting the verification page;
3. warranty administration — claim intake, triage, fault attribution, adjudication, RMA routing and repair coordination;
4. defending and substantiating claims and disputes — retaining and using records to establish, exercise or defend legal claims, including contested warranty claims, and to substantiate our statements to you and to third parties;
5. training, validating and improving models — including the predictive failure model, failure-mode classifiers, fault-attribution logic, thermal models and risk scoring, using data across our customer base;
6. risk assessment and pricing — computing risk scores and Equipment, fleet and Site grades, actuarial reserving, and pricing coverage and services;
7. testing and experimentation — running controlled comparisons, staged rollouts and cohort experiments to validate features and measure their effect;
8. product development — building, testing and improving current and future Wright One products and services; and
9. aggregated insight and publication — producing benchmarks, statistics, research and published material, in aggregated or de-identified form.

We may retain and continue to use Derived Data indefinitely, including after these Terms end. Derived Data, and the models trained on it, are our property.

7.4 Aggregated and de-identified data

We will only publish or disclose aggregated or de-identified data where it is aggregated across multiple customers and does not identify you, your Site or any individual. This right is perpetual, irrevocable and royalty-free, and survives termination. We will not attempt to re-identify data we have de-identified, and will not authorize anyone else to.

7.5 Site data

Telemetry Data necessarily describes the Site as well as the Equipment — power quality, ambient conditions, curtailment behavior, network reliability. Section 4.2 governs your authority to provide it. Where we obtain a Facility Operator’s own consent directly, the terms of that consent govern as to that Site.

7.6 Retention

We operate two retention periods, and disclose both:

• What you can see. Telemetry history visible in the Portal is retained for the window stated for your tier.
• What we keep. We retain the full telemetry, certification, claim and ledger record internally for the applicable coverage period plus a dispute tail, and for the periods required by tax, accounting and unclaimed-property law — regardless of what is visible to you and regardless of whether your Account is active. The basis is the establishment, exercise and defense of legal claims and compliance with our legal obligations.

The Privacy Policy states current periods.

7.7 Export and end-of-term access

On termination or downgrade, we maintain read-only access and export capability for 30 days, after which access closes. Export formats are as made available in the Portal. If we discontinue a Service entirely, Section 13.5 applies.

7.8 Feedback

If you give us suggestions, ideas or feedback, we may use them without restriction or obligation to you.

7.9 Security

We maintain administrative, technical and physical safeguards designed to protect data in our custody. No system is perfectly secure. This Section describes our practices; it is not a warranty.

7.10 Data you are responsible for

You are responsible for the accuracy and completeness of Customer Content and of any data you or a third party supply to us, and for configuring your network and Equipment so telemetry reaches us. We are not responsible for incorrect, incomplete or incompatible data supplied by you or by a third party, or for outcomes that depend on it — including monitoring gaps, missed alerts, incorrect attribution, incorrect scores, and warranty determinations made on an incomplete record.

8. Confidentiality

Each party will protect the other’s non-public information disclosed in connection with the Services with at least reasonable care, use it only for purposes of these Terms, and disclose it only to personnel and advisers who need it and are bound to protect it. This does not apply to information that is public through no fault of the recipient, independently developed, rightfully received from a third party, or required to be disclosed by law (with notice where permitted).

Our confidential information includes our models, classifiers, scoring methodologies, thermal engine, hardware designs and fingerprints, unpublished performance results, Agent internals, and pricing not publicly posted.

Your confidential information includes your hashrate, uptime, Equipment inventory, Site layouts and configurations, curtailment behavior, and unpublished pricing.

Carve-out. The rights granted in Sections 7.3 and 7.4 are an express exception, and nothing here limits them.

9. Disclaimers

9.1 General

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR IN THE WRIGHT ONE LIMITED WARRANTY, THE SERVICES AND ALL RELATED CONTENT, CERTIFICATES, SCORES, ALERTS, ATTRIBUTIONS, ANALYTICS AND RECOMMENDATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WRIGHT ONE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY ALERT, PREDICTION, SCORE, ATTRIBUTION OR MEASUREMENT WILL BE ACCURATE, COMPLETE OR TIMELY.

Nothing in this Section limits or modifies the Wright One Limited Warranty, or disclaims any warranty that cannot be disclaimed under applicable law. Where an implied warranty cannot be disclaimed, it is limited in duration to the period of the applicable Limited Warranty, to the extent permitted by law. Some jurisdictions do not allow these limitations, so some may not apply to you.

9.2 Your Equipment and your Site

WE DO NOT ASSUME RESPONSIBILITY FOR THE PERFORMANCE, CONDITION, SAFETY OR FUNCTIONALITY OF YOUR EQUIPMENT, YOUR SITE, YOUR NETWORK, YOUR ELECTRICAL INFRASTRUCTURE, OR ANY THIRD-PARTY SYSTEM INTEGRATED WITH THE SERVICES. Setting up, configuring, powering, cooling, securing and maintaining your Equipment and your Site is your responsibility, and we are not liable for consequences of incorrect or incomplete setup.

9.3 Effects on Equipment

YOU ACKNOWLEDGE THAT USE OF THE SERVICES — INCLUDING FIRMWARE INSTALLATION OR UPDATES, PERFORMANCE OR THERMAL PROFILE CHANGES, POWER AND FREQUENCY ADJUSTMENTS, AUTOMATED TRIGGER ACTIONS, DIAGNOSTIC OPERATIONS, REBOOTS AND CURTAILMENT EVENTS — MAY AFFECT THE OPERATION OF YOUR EQUIPMENT AND RELATED INFRASTRUCTURE, AND MAY CAUSE DOWNTIME, MALFUNCTION, DATA LOSS ON THE DEVICE, LOSS OF CONFIGURATION, OR FAILURE OF A DEVICE TO RETURN TO SERVICE. Except as provided in the Limited Warranty, we are not liable for such effects.

9.4 Compatibility and third-party change

The Services support the Supported Equipment list published on our website and in the Portal, which we may change. You must follow the compatibility requirements we publish. We are not liable for consequences of non-compliance.

Continued compatibility is not guaranteed. If you or a third party change firmware, management software, pool configuration, network configuration or Equipment in a way that affects integration with the Services, monitoring, alerting, attribution and accrual for the affected Equipment may degrade, become inaccurate, or stop entirely — potentially without notice and potentially without any visible indication in the Portal. We are not liable for the resulting interruption, loss of functionality or loss of data.

This matters particularly for older Equipment. Manufacturer and firmware-vendor interfaces change and are sometimes withdrawn, and support for a model or firmware version may lapse for reasons outside our control.

9.5 Third-party dependencies

The Services depend on systems we do not control, including miner manufacturer interfaces, firmware vendors, mining pools, network and internet providers, cloud infrastructure, payment processors, and email, SMS and push notification carriers. We are not responsible for their availability, accuracy, changes, discontinuation or failure, including failure to deliver a notification.

9.6 No guarantee of outcome

WE DO NOT GUARANTEE ANY LEVEL OF UPTIME, HASHRATE, EFFICIENCY, EQUIPMENT LIFESPAN, FAILURE RATE, COST SAVING, REVENUE OR PROFITABILITY. Results depend on your Equipment, your Site, ambient conditions, power availability and price, network difficulty, bitcoin price and other factors we do not control. Results at one Site do not predict results at another, and past results do not predict future results.

10. Limitation of liability

10.1 Excluded damages

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY OF THE FOLLOWING HOWEVER CHARACTERIZED AND WHETHER DIRECT OR INDIRECT:

• LOST OR REDUCED HASHRATE;
• LOST, DELAYED, REDUCED OR FORFEITED BLOCK REWARDS, TRANSACTION FEES OR MINING POOL PAYOUTS;
• LOST OR DIMINISHED CRYPTOCURRENCY, OR LOSS ARISING FROM A CHANGE IN THE PRICE OF ANY CRYPTOCURRENCY OR IN NETWORK DIFFICULTY OR HASHPRICE BETWEEN AN EVENT AND ITS REMEDY;
• LOST MINING, HOSTING OR COLOCATION REVENUE, OR LOST PROFITS OR REVENUE OF ANY KIND;
• FOREGONE OR REPAID CURTAILMENT, DEMAND-RESPONSE OR ANCILLARY-SERVICES PAYMENTS;
• ELECTRICITY, HOSTING, FREIGHT OR LABOR COSTS INCURRED DURING A PERIOD OF IMPAIRED, HALTED OR UNPRODUCTIVE OPERATION;
• PENALTIES OR LIABILITIES UNDER YOUR HOSTING, POWER, FINANCING, LEASE OR INSURANCE ARRANGEMENTS;
• REDUCED USEFUL LIFE OF EQUIPMENT;
• LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE EQUIPMENT OR SERVICES.

THIS APPLIES WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY WAS ADVISED OF THE POSSIBILITY. IT IS INDEPENDENT OF, AND SURVIVES THE FAILURE OF THE ESSENTIAL PURPOSE OF, ANY LIMITED OR EXCLUSIVE REMEDY.

10.2 Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, WRIGHT ONE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO WRIGHT ONE UNDER THESE TERMS IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED THOUSAND U.S. DOLLARS (US $100,000).

10.3 Carve-outs

The cap does not apply to: your payment obligations; either party’s indemnification obligations under Section 11; or a party’s fraud, willful misconduct or gross negligence.

10.4 Relationship to the Limited Warranty

Remedies under the Limited Warranty are governed by that document and are subject to its own ceilings and exclusions. Amounts paid under the Limited Warranty count toward the cap in Section 10.2, and nothing in the Limited Warranty increases our aggregate liability beyond it.

10.5 Allocation of risk

You acknowledge that the disclaimers and limitations in Sections 9 and 10 are a fundamental basis of the bargain, that our pricing reflects them, and that they apply even if a limited remedy fails of its essential purpose.

11. Indemnification

11.1 By Wright One

We will defend you against any third-party claim alleging that the Portal or the Agent, as provided by us and used in accordance with these Terms, infringes a U.S. patent, copyright or trademark or misappropriates a trade secret, and will pay damages finally awarded or amounts we agree in settlement. This does not apply to claims arising from your data, your Equipment, your modifications, or use in combination with anything we did not supply. If the Portal or Agent becomes subject to such a claim, we may procure the right to continue, modify it, or terminate the affected Services and refund unused prepaid amounts. Our total obligation under this Section will not exceed [three (3) times] the amounts you paid us in the twelve months before the claim.

11.2 By you

You will defend us against, and pay damages and settlements arising from, any third-party claim arising out of:

• your Customer Content;
• your Equipment, your Site and their operation;
• your arrangements with any Facility Operator, Equipment owner, lender, lessor or insurer, including any claim that enrolling Equipment or providing data to us breached them (Sections 4.2–4.4);
• any action we take pursuant to a feature you enabled that acts on Equipment, including profile changes, reboots, throttling and curtailment (Section 19);
• your violation of Section 5;
• your violation of law or of any third party’s rights; or
• your representations to any buyer, seller, lender or insurer about a WrightProof certificate or score.

11.3 Procedure

The indemnified party will notify the other promptly, give the indemnifying party sole control of the defense (with no settlement admitting liability or imposing an obligation on the indemnified party without its consent), and provide reasonable cooperation at the indemnifying party’s expense.

12. Compliance, sanctions and export

You represent and warrant that neither you, nor any of your beneficial owners, nor any Facility Operator you direct us to, is located in, incorporated in, or a resident of any jurisdiction subject to comprehensive U.S. sanctions, is a person subject to sanctions administered by the U.S. Office of Foreign Assets Control, or appears on any U.S. denied-party, entity or debarment list — and that you will not make the Services or Equipment available to any such person.

We may screen you, your Users, your beneficial owners and your Facility Operators against applicable lists, and may suspend or terminate the Services, withhold Equipment or funds, and make any report required by law if a screen returns a match.

Export. Equipment and software may be subject to U.S. export control laws, including restrictions on destinations, end users and end uses. You will not export, re-export or transfer Equipment or software in violation of those laws.

General compliance. You will comply with all laws applicable to your use of the Services and operation of your Equipment, including energy market and demand-response program rules, electrical and building codes, environmental and safety requirements, and any licensing applicable to your operations.

13. Term, suspension and termination

13.1 Term

These Terms start when you first accept them and continue until terminated. Either party may terminate for convenience on 30 days’ written notice, and either may terminate immediately for the other’s material breach not cured within 30 days of notice.

13.2 Suspension

We may suspend your access to paid features, in whole or in part, on notice (or immediately where the situation requires it) if: your balance is insufficient or an invoice is materially past due; we reasonably believe you are violating Section 5; your use presents a security, safety or legal risk; or we are required to by law. We will limit scope and duration to what the circumstances require, tell you the reason, and restore access promptly once resolved. You may contest a suspension by contacting us, and we will review it.

Suspension never removes the features in Section 17.4, and it never terminates warranty coverage. Invoiced accounts are not auto-suspended for balance.

13.3 Effect of termination

Your right to access paid features ends; the Section 17.4 free features and any warranty coverage continue for their own stated terms; Section 7.7 read-only access applies; unused Credits are refunded only as provided in Section 6.7; you will stop using and remove the Agent; and each party returns or destroys the other’s confidential information on request, subject to Section 7.6 retention.

13.4 Downgrade

If you move to a lower tier, data and configurations associated with higher-tier features are preserved, and remain exportable under Section 7.7, though they may not be visible in the Portal until a qualifying tier is active. We do not delete your historical telemetry because you downgraded.

13.5 If we discontinue a Service

We may discontinue a Service. If we do, we will give at least 60 days’ prior notice, keep export available throughout that period and for 30 days after, and refund the unused value of Credits attributable to that Service.

13.6 Survival

Sections 2, 6.7–6.11, 7, 8, 9, 10, 11, 12, 13.3, 13.6, 15, 16, and the corresponding provisions of Parts II and III, survive termination.

14. Changes to these Terms

14.1 We may change these Terms

Wright One may amend, update or replace these Terms, the Limited Warranty and the Privacy Policy at any time and at its sole discretion, effective on the date we specify. We will post the updated version with a new version number and effective date, and keep prior versions available.

Your continued use of the Services on or after the effective date is your acceptance of the updated Terms. If you do not accept them, stop using the Services and terminate under Section 13.1.

14.2 Notice

• Non-material changes — clarifications, reorganization, corrections, new features, and changes that do not reduce your rights — take effect on posting.
• Material changes — those that meaningfully reduce the Services, increase your obligations, or narrow your rights or remedies — take effect on the date we specify, and we will notify you by email and in the Portal at least 30 days beforehand, unless a shorter period is required by law, by a security or safety need, or by an order of a court or regulator.

If you do not accept a material change, you may terminate before it takes effect and we will refund the unused value of your Credit balance under Section 6.7.

14.3 What we can change without restriction

We may change the following at any time, effective when we say, and they apply to all customers including those already enrolled:

• prices, fees, tiers and entitlements for future purchases and future billing periods;
• the features, functionality and design of the Portal, the Agent and any Service;
• the Supported Equipment list, and the models, firmware versions and configurations we support;
• the Operating Envelope values in the Limited Warranty, and the thermal, power and imbalance thresholds we apply;
• the authorized firmware list and authorized tuning profiles;
• the measurement hierarchy and methodology in Sections 21.3 and 21.4;
• alert thresholds, alert logic, scoring methodology and attribution logic;
• published schedules, documentation, operating requirements and Service Bulletins; and
• the free-feature list in Section 17.4, for Equipment not yet in coverage.

14.4 Service Bulletins and required operating actions

Separately from amending these Terms, we may issue Service Bulletins requiring specific action on Equipment already in coverage — replacing a component, updating firmware, changing a power limit, improving Site filtration, or similar — where we identify a condition causing failures across the fleet.

Bulletins apply to Equipment already delivered and already enrolled. Section 7.6 of the Limited Warranty governs their effect on coverage: failure to complete a required action by its deadline is grounds to deny a claim for a failure the action would have prevented, on proof of causation.

Where a required action costs money on Equipment in coverage, we perform it at our cost, supply the parts at our cost, or credit you for it.

14.5 What we will not change retroactively

These limits exist because a promise we can withdraw at will is not a promise, and a warranty we can rewrite after the sale is not enforceable as a warranty — including its exclusions, ceilings and exclusive remedy, which protect us.

• Changes are prospective. They do not affect disputes already arisen or rights already accrued.
• We will not change the price of Credits already purchased.
• We will not reduce the Covered Components, shorten the Coverage Period, lower the claim ceilings, or add exclusions, for Equipment already delivered and enrolled. Section 14.3 and Section 14.4 are how we manage cost and risk on existing coverage; this is the line they do not cross.
• We will not remove a feature from the Section 17.4 free list for Equipment already in coverage.
• We will not use this Section to change Section 15 (Disputes) as it applies to you. That requires a separately signed agreement.
• We will not expand the purposes in Section 7.3 as applied to data already collected without your affirmative consent.

14.6 Which version applies

The version of these Terms and of the Limited Warranty in effect on the date of a sale, certification or enrollment governs that transaction and the coverage arising from it, except where a later version is more favorable to you, where you have affirmatively accepted a later version, or where Section 14.3 or 14.4 makes a change applicable to existing coverage.

15. Disputes

15.1 Notice and informal resolution — a condition precedent

Before starting a proceeding, the complaining party must send a written Notice of Dispute to the other at the address in Section 16, describing the claim, the facts, and the relief sought. The parties will then confer in good faith for 30 days. Compliance with this Section is a condition precedent to filing suit, and limitations periods are tolled while it runs.

15.2 Governing law

Texas law governs, without regard to conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

15.3 Venue

The state and federal courts in Williamson County, Texas have exclusive jurisdiction. Each party consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum.

15.4 Jury trial

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

15.5 No class proceedings

To the fullest extent permitted by law, each party will bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding.

15.6 Equitable relief

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information, without first completing Section 15.1.

15.7 Limitations period

Except for claims for non-payment, any claim relating to these Terms must be brought within two (2) years after it accrues, to the extent permitted by law.

15.8 Independent counsel

Where total consideration under an order form or agreement exceeds $100,000, you represent that you have been represented by legal counsel of your own selection, not suggested or selected by Wright One.

16. General

Entire agreement. These Terms, together with the documents listed in Section 1.5, are the entire agreement about the Services and supersede prior discussions. Nothing here supersedes the Limited Warranty or a signed order form; Section 1.5 governs.

Assignment. You may not assign these Terms without our written consent, except to a successor to all or substantially all of your business or assets that is not our competitor and that assumes your obligations. We may assign freely. Any other attempted assignment is void. Sale of Equipment is not an assignment of these Terms — see Section 21.6 for what happens to coverage when Equipment is sold.

No third-party beneficiaries. Except as stated in Section 4.3, these Terms create no rights in anyone other than the parties.

Notices. To you: the email on your Account or through the Portal. To us: contact@wrightfan.com and, where written notice is required, Wright One, Inc., 11021 Avery Station Loop, Austin, TX 78717, with a copy by email.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, fire, flood, extreme weather, war, terrorism, labor dispute, epidemic, act of government, failure of the internet or of a third-party service, grid instability, utility or ERCOT curtailment orders, firm load shed, interruption or curtailment of electrical service, extreme ambient conditions affecting Site cooling, semiconductor or component shortage, tariffs or import restrictions, carrier and logistics failure, blockchain network events, and cryptocurrency protocol changes. Payment obligations are not excused.

Independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.

Severability. An unenforceable provision is modified to the minimum extent necessary or severed; the rest remains in effect.

No waiver. Failure to enforce is not a waiver.

Headings. For convenience only.

Contact. contact@wrightfan.com · Wright One, Inc., 11021 Avery Station Loop, Austin, TX 78717

PART II — SERVICE-SPECIFIC TERMS

These terms supplement Part I. You are bound by each Section below only for the services you access or use.

17. The Portal and the Agent

17.1 License

Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Portal, and to install and use the Agent on your network, during the term, solely for your own internal business purposes in connection with Equipment you own, operate or are acquiring.

17.2 The Agent

The Agent runs on your network and links your Equipment to the Portal. You are responsible for installing it, providing it with the network access and Equipment credentials it needs, keeping it running and updated, and configuring your Equipment and network to reconnect automatically after any outage. We may update the Agent automatically, including for security.

On termination you will stop using the Agent and remove it from your systems.

Telemetry only reaches us while the Agent is running and your network permits it. A gap in telemetry is a gap in everything that depends on it — monitoring, alerts, attribution, scoring, and warranty covered-day accrual.

17.3 Diagnostic data

To provide support, troubleshoot, and adjudicate warranty claims, you authorize us to request and trigger upload of diagnostic logs and related technical data from the Agent and from your Equipment. We use diagnostic uploads only for the support or claim they relate to and for the purposes in Section 7.3, restrict access to personnel who need it, and delete them within 30 days unless they relate to an open claim or dispute.

17.4 Features provided at no charge

The following are provided without charge and remain available even if you hold no Credits, your balance reaches zero, your paid features are suspended, or your Account is past due or lapsed:

• live telemetry for your enrolled Equipment for the most recent 24 hours;
• 7 days of telemetry history;
• the WrightProof certificate and score for your Equipment;
• real-time fault and imminent-failure alerts for Equipment in active coverage;
• fault attribution results for your own Equipment;
• warranty claim submission, claim status and claim history;
• your warranty accrued-days counter and expiry date; and
• export of your own claim and certification records.

We may add to this list. We will not remove an item from it for Equipment already in coverage at the time of the change.

17.5 Tiers, availability and limits

Tiers, entitlements and prices are published in the Portal and may change on notice under Section 14. We use commercially reasonable efforts to keep the Portal available and may perform scheduled and emergency maintenance. We do not commit to a specific uptime percentage and the Services include no service level agreement or service credits unless stated in a signed order form. Portal availability is separate from the operation of your Equipment.

We may set reasonable limits on API calls, on-demand polling and other resource-intensive operations, to protect our ingest infrastructure and the control boards of Equipment on the network.

17.6 Beta and staged features

We may offer features on a beta, preview or evaluation basis, and may enable a feature for part of your fleet before the rest as staged validation. Beta features may contain defects that disrupt the operation of your Equipment. They are provided as-is, may change or be withdrawn, and are excluded from any commitment or remedy in these Terms. Assess the risk before enabling one on production Equipment.

18. Alerts, scores and analytics

18.1 Alerts are advisory — read this

Monitoring, alerting, failure prediction, fault attribution and planning features are advisory and non-exhaustive.

THE PORTAL IS NOT A LIFE-SAFETY SYSTEM, A FIRE DETECTION OR SUPPRESSION SYSTEM, A SECURITY SYSTEM, OR A SUBSTITUTE FOR PHYSICAL PROTECTION OF YOUR SITE. DO NOT RELY ON IT AS YOUR ONLY MEANS OF DETECTING A PROBLEM.

Alerts can fail to occur, occur late, occur wrongly, or fail to reach you. Among the reasons:

• Equipment that has failed or lost power reports nothing. The most serious failures are often invisible to us.
• telemetry gaps caused by network, Agent, firmware or manufacturer-interface issues;
• thresholds that are wrong for your Equipment, Site or configuration;
• delivery failure by an email, SMS or push provider, or a filter on your side;
• ingestion, processing or platform delay or outage.

You remain solely responsible for monitoring, operating, maintaining and protecting your Equipment and your Site, and for maintaining independent protection appropriate to the value at risk — including thermal cutouts and over-temperature protection, fire detection and suppression, electrical protection, physical security, and on-site inspection. You will maintain that protection regardless of what the Portal shows.

Failure of an alert to fire, to fire in time, to be correct, or to be delivered is not a warranty-covered event, does not extend or toll warranty coverage, and does not create liability beyond Section 10.

18.2 Scores and grades are opinion

WrightProof risk scores, condition scores, Equipment grades and Site grades are Wright One’s opinion, derived by applying our methodology to data available to us at the time. They are:

• not statements of fact about any machine, operator or Site;
• not assessments of creditworthiness, or of any party’s ability or willingness to repay any obligation;
• not appraisals, valuations, or recommendations to buy, sell, lend, insure, host or transact; and
• not a substitute for your own inspection and diligence.

Where we publish a methodology, the current version governs, and we may change it. Where a score concerns you, your Equipment or your Site, you may see the inputs we used, provide information we did not have, and contest the result through the process published in the Portal. A person will review it on request.

18.3 Restrictions on downstream use of scores

You may use scores and certificates for your own business purposes and may show them to a counterparty in a transaction involving the Equipment they describe. You may not redistribute them as a data feed, incorporate them into a product or rating service, use them as the basis for extending credit or writing insurance without your own independent assessment, or present them as verified, audited or objective.

18.4 Measurement

Measurements we report — hashrate, power, temperature, covered days and similar — are derived from data reported by your Equipment and by systems we do not control, and are estimates subject to the limits of that data. Section 21.3 sets out the hierarchy we use when data sources conflict or are missing, and the tolerance and correction process that applies.

19. Features that act on your Equipment

This Section applies only where you enable a feature that writes settings to, restarts, throttles or curtails Equipment.

19.1 Your authorization

You authorize us to apply settings and issue commands to the Equipment you designate, within the authorized profiles and within the hard bounds we publish for that feature. Those published bounds are contractual limits on us.

Section 4 applies: you must own the Equipment or be authorized by its owner, and you are responsible for confirming that the feature is permitted under your hosting, financing, lease and insurance arrangements.

19.2 What you acknowledge

You acknowledge that:

• a command may reduce, suspend or interrupt the operation of your Equipment, including during a curtailment or demand-response event;
• that may result in lost hashrate and lost mining revenue, and may affect payments under any curtailment or demand-response program you participate in;
• you are responsible for configuring your Equipment and Site to respond appropriately to commands, and for confirming they did; and
• Equipment may fail to execute a command, execute it late, or fail to return to its prior state.

Except as provided in the Limited Warranty, we are not liable for losses arising from any of the above, including from Equipment failing to respond correctly to a command.

19.3 Staged validation

On enablement, we may run a randomly selected portion of your eligible Equipment on the prior configuration for a validation period, so the effect of the change can be measured on your own fleet. We will tell you which Equipment is in which group.

19.4 Control and rollback

You may disable the feature and roll back at any time through the Portal. Enabling, disabling or rolling back does not by itself affect warranty coverage.

19.5 Protective shutdown of Covered Machines

This applies to every Covered Machine, whether or not you have enabled any other feature in this Section. It is a condition of warranty coverage, because we pay for the damage it exists to prevent.

You authorize Wright One to reduce power to, throttle, or shut down a Covered Machine where we detect a condition that in our reasonable judgment presents an imminent risk of damage to a component covered by the Limited Warranty. We act on the affected machine only, we notify you immediately, and you may restart it at any time.

Section 2.3 of the Limited Warranty sets out the mechanics; Section 2.4 states that this is a right and not a duty, and creates no obligation to detect a condition or to act on one.

You may disable it and keep your warranty coverage, by taking on the responsibility yourself. Where protective shutdown is off, coverage continues and Limited Warranty Section 2.5 governs: where we issue a Qualifying Failure Notice identifying a specific component and you do not act on it, that component and damage flowing from its failure are excluded. Acting on a notice preserves coverage even if the component fails anyway.

This path requires you to maintain a monitored contact capable of receiving notices and authorizing action. Before we act on a disable instruction we will show you what changes and require you to confirm it, and we will record that confirmation.

Where coverage has been suspended — because telemetry was lost, or because no contact was receiving notices — it does not resume automatically. Equipment out of coverage for more than 7 days must pass a telemetry-based requalification before coverage restarts, and its requalified condition becomes its covered baseline. Limited Warranty Sections 2.6 and 2.7 govern.

We are not liable for lost production during a protective shutdown. Section 10.1 applies.

19.6 Firmware

Where a feature installs, updates or changes firmware:

• firmware operations carry a risk of failure that can render a device inoperable until it is re-flashed or serviced;
• installing non-manufacturer firmware may void the manufacturer’s warranty on that device, and may breach obligations under your financing, lease or insurance arrangements (Section 4.4);
• firmware licensed from a third party is licensed to you, not to us, and a third-party firmware license does not automatically transfer with Equipment you sell; and
• we will tell you before performing a firmware operation on your Equipment and will identify the firmware and version.

The Limited Warranty states which firmware conditions affect coverage.

20. WrightProof certification

20.1 What a certificate is

A WrightProof certificate records the results of our inspection and testing of a specific unit of Equipment at a specific time: measured hashrate (not nameplate), per-board distribution, thermal readings, fan condition, a risk score, intake photographs, and the provenance record available to us.

20.2 What a certificate is not

A certificate reflects observed condition at the time of testing under our test conditions. It is not a guarantee of future performance, uptime, revenue or freedom from defect, not a statement about how the Equipment will perform at your Site, and not a substitute for your own inspection. Equipment condition changes with use, environment, transport and handling.

A certificate says nothing about the status of any manufacturer warranty, and we make no representation that any manufacturer warranty remains in force.

20.3 Acceptance window

Where Equipment is delivered with a certificate, you have 72 hours from delivery to inspect and to accept or reject it in the Portal, measured against a threshold of 95% of certified hashrate. If you do not act within that window, the Equipment is deemed accepted. Rejection procedures, remedies and return logistics are governed by the applicable purchase or consignment agreement.

20.4 Submitting Equipment for certification

You represent that you have good title or the right to sell, that the Equipment is free of undisclosed liens, and that you have disclosed any known defect, prior repair, damage history, immersion or hydro conversion, and any non-manufacturer firmware. Fees are as quoted at submission and charged under Section 6.

21. Warranty administration

The Wright One Limited Warranty governs coverage. This Section governs how coverage interacts with the Services.

21.1 Coverage is not conditioned on your Credit balance

Warranty coverage does not lapse, terminate or become void because your Credit balance is zero, an invoice is past due, or paid Portal features are suspended. What non-payment affects is access to paid Portal functionality. The Section 17.4 features remain available regardless.

21.2 Telemetry as a condition of coverage

Continuous telemetry from a Covered Machine is a condition of coverage, because we cannot adjudicate a claim on a machine we cannot observe. The means of providing it are free under Section 17.4.

If telemetry stops for more than 7 consecutive days, we will notify you and you have 30 days to restore it. Coverage continues during that period. If not restored, coverage for that machine is suspended — not terminated — until telemetry resumes. Days without telemetry do not accrue. Coverage is subject to an outside calendar limit stated in the Limited Warranty, which applies regardless of unused covered days.

21.3 How we measure, and what happens when sources disagree

Where a measurement determines accrual, coverage or a claim outcome, we use the first available of the following, in order:

1. telemetry received through the Agent or a direct integration for the machine and period in question;
2. Site-level metering or monitoring data you supply, where machine-level telemetry is unavailable;
3. logs or records you supply, where neither of the above is available; and
4. manufacturer nameplate or published specification for the model, where no measured data is available.

At tier 4 we use nameplate values without adjustment for undervolting, underclocking, custom tuning, low-power or high-power modes, or non-manufacturer firmware. Where you have not provided measured data, ambiguity is resolved against the party who could have provided it.

We may change this hierarchy on reasonable notice.

21.4 Measurement is not exact

You acknowledge that telemetry from mining Equipment is subject to reporting gaps, clock drift, rounding and transient error, and that short-term variance in a measured or accrued figure is expected and is not a breach.

If a figure that determines coverage or accrual is wrong by more than 5% for a given machine and period, tell us and we will investigate. Where our records are incomplete or wrong for a reason within our control, we will correct the record and credit the affected days or amounts. That correction is your sole remedy for a measurement error.

21.5 Claims

Claim submission is free. We triage, attribute fault (machine, Site, curtailment or other), classify to a failure mode, and route to a remedy. You may see the attribution evidence for your own claim and contest it. Our determination is not final or binding on you, and nothing in these Terms limits your right to dispute it.

You will provide the diagnostic data, photographs and access we reasonably request to adjudicate a claim. Where telemetry or evidence for the relevant period is unavailable, we adjudicate on the record we have, applying Section 21.3.

21.6 If you sell the Equipment

Remaining coverage may transfer with Equipment to a subsequent owner under the Limited Warranty’s transfer procedure. Coverage does not transfer automatically — the transfer must be recorded in the Portal and the new owner must accept these Terms and the Limited Warranty. Your Account, Credits and portal subscription do not transfer with the Equipment.

22. Hardware purchases

Where you buy Equipment from us, the applicable purchase, consignment or order document governs title, risk of loss, shipping, delivery, inspection, rejection, returns and price. Those documents control over this Section. Where no such document exists, title and risk of loss pass on delivery to the carrier, and Section 20.3 governs acceptance.

Nothing in these Terms is a warranty on Equipment. The only warranty we give on Equipment is the Wright One Limited Warranty.

PART III — CERTIFICATE VERIFICATION PAGE

This Part applies to anyone who accesses the public WrightProof verification page, whether or not they are a Wright One customer. By using the verification page you agree to it.

23. Terms of use for the verification page

23.1 What the page shows

The verification page lets you check whether a WrightProof certificate exists for a serial number, and displays that certificate’s contents and status.

23.2 What it means, and what it does not

A certificate records observed condition at the time of testing, under Wright One’s test conditions, based on the information available to Wright One at that time.

IT IS NOT A GUARANTEE OF CONDITION, PERFORMANCE, UPTIME, REVENUE, USEFUL LIFE OR FREEDOM FROM DEFECT. IT IS NOT A STATEMENT ABOUT THE EQUIPMENT’S CONDITION TODAY. IT IS NOT AN APPRAISAL, VALUATION, CREDIT ASSESSMENT OR RECOMMENDATION TO TRANSACT. IT DOES NOT CONFIRM TITLE, OWNERSHIP OR FREEDOM FROM LIENS, AND IT DOES NOT CONFIRM THAT ANY MANUFACTURER WARRANTY OR WRIGHT ONE WARRANTY IS IN FORCE.

Equipment condition changes with use, environment, transport and handling. A certificate can be old. Verify the serial number on the physical machine matches the certificate, and conduct your own inspection and diligence before transacting.

23.3 No reliance, and no relationship

Wright One is not a party to any transaction between you and anyone else, does not act as your agent, adviser, broker, appraiser or inspector, and owes you no duty of care in respect of your decision to transact. You are solely responsible for your own diligence.

23.4 Scores are opinion

Any risk or condition score shown is Wright One’s opinion, derived by applying its methodology to the data available to it. It is not a statement of fact and not a credit assessment. Section 18.2 applies.

23.5 Permitted and prohibited use

You may check individual certificates for a transaction you are considering. You may not scrape, crawl or bulk-extract from the page; compile certificates or scores into a database, index, feed or product; use them to build a competing certification, valuation or rating service; or misrepresent a certificate or present it as covering Equipment it does not cover.

23.6 Disclaimer and limitation

THE VERIFICATION PAGE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WRIGHT ONE WILL NOT BE LIABLE TO ANY USER OF THE VERIFICATION PAGE WHO IS NOT A WRIGHT ONE CUSTOMER FOR ANY DAMAGES ARISING FROM USE OF OR RELIANCE ON THE PAGE OR ANY CERTIFICATE OR SCORE, AND ITS TOTAL LIABILITY TO ANY SUCH USER WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). The exclusions in Section 10.1 apply.

23.7 Errors

If you believe a certificate or score is inaccurate, tell us at contact@wrightfan.com with the serial number and the reason. We will review it and correct any error we find.

23.8 Law and venue

Texas law governs, and Sections 15.2 through 15.7 apply to any dispute arising from use of the verification page.