Please read these terms carefully. By creating an account, placing an order, or engaging us to run an analysis for you, you agree to them. If you are accepting on behalf of a company, you confirm you are authorised to bind that company, and "you" means that company.
1. Who we are
Exergy Space is operated by Exergy Space Technologies Private Limited, a company incorporated in India under the Companies Act, 2013 (CIN U62011HR2026PTC149311), registered at Gurgaon, Haryana, India ("Exergy Space", "we", "us").
These terms govern your use of exergyspace.com, our customer platform, and any analysis, modelling or advisory work our team performs for you.
2. Terms you should know
- Platform. The Exergy Space web application, its optimisation models, dashboards and exports.
- Order. The written order form, quotation or online checkout under which you take access, including the term, the scope and the fees agreed for it.
- Run. One configuration simulated end to end, producing technical and financial outputs.
- Usage. The consumption of runs recorded against your order. An optimisation sweep consumes usage for every configuration it tests.
- Project data. Anything you upload or enter: resource data, cost assumptions, tender terms, load profiles, and the outputs produced from them.
- Managed engagement. Work where our team configures and runs an analysis on your behalf.
3. Your account
You need an account to use the platform. Give us accurate information and keep it current. You are responsible for everything done under your account and for keeping credentials secure. Tell us promptly at contact@exergyspace.com if you believe an account has been compromised.
Accounts are for named users. Do not share a single login across a team. If more people need access, tell us and we will add them to your order. We may suspend accounts we reasonably believe are being shared.
You must be at least 18 and legally able to enter a contract. The platform is sold to businesses, not consumers.
4. What we provide
We give you access to the platform for the term set out in your order, so you can configure projects, run simulations, compare configurations and export results. Subject to these terms, we grant you a non-exclusive, non-transferable, revocable right to use it for your own business purposes.
We improve the platform continuously. Features may be added, changed or retired. If we retire something you materially depend on, we will give you reasonable notice and, where we can, an alternative.
For managed engagements, the scope, deliverables and fees are set out in a separate written statement of work, which sits alongside these terms. Where the two conflict, the statement of work governs for that engagement.
5. Fees and payment
Fees are set out in your order and are quoted in US dollars unless your order says otherwise. We do not publish prices on this website. Fees exclude taxes; GST, VAT, withholding or equivalent charges are added at the applicable rate and are your responsibility.
Your order sets out the term, what you may run, and any usage allowance. Where an allowance is stated, usage does not extend beyond the validity period recorded in your order.
Fees are payable in advance. Invoices are due within 30 days of issue. Late amounts may attract interest at 1.5 percent per month, and we may suspend access while an invoice is materially overdue, after giving you notice and a reasonable chance to fix it.
Reaching a usage allowance does not delete anything. You keep access to work already completed; you simply cannot start new runs until the allowance is increased or your next period begins.
We may change fees for future terms. We will give at least 30 days' notice before a change affects you, and it will not apply to a term you have already paid for.
6. Renewal and cancellation
Where your order is a recurring subscription, it renews automatically for successive terms of the same length unless you cancel at least 30 days before the renewal date. Cancel from your account settings or by emailing contact@exergyspace.com.
Cancelling stops the next renewal. It does not end the current term, and access continues until that term expires.
One-time purchases do not renew.
7. Refunds
Fees for a term already begun are non-refundable. Capacity is reserved and models are provisioned in advance. Unused usage does not carry over past its validity period and is not refundable in cash.
There are two exceptions. If we materially fail to provide the platform and cannot fix it within a reasonable time after you tell us, you may terminate and receive a pro-rata refund for the unused remainder of your term. If you terminate because you do not accept a change to these terms, section 21 gives you the same pro-rata refund.
A refund under either exception is your sole financial remedy in those circumstances. It is made to the original payment method within 10 working days of approval.
8. How you may use the platform
Use it lawfully and for your own projects. You must not:
- Resell, sublicense or provide the platform as a service to third parties, unless your order expressly permits it. Consultants may use it to serve their own named clients where their order allows this.
- Reverse engineer, decompile or attempt to derive the source, structure or parameters of our models.
- Use automated means to extract model behaviour, benchmark us for a competing product, or build a competing service.
- Upload anything unlawful, infringing, or containing malicious code.
- Circumvent usage allowances, user limits or access controls.
- Interfere with the platform's operation or attempt to access another customer's data.
If you breach this section we may suspend access immediately. Where the breach is capable of being fixed, we will tell you what is wrong and give you a reasonable chance to fix it first.
9. Your data, and who owns what
You own your project data. Uploading it to the platform does not transfer any ownership to us. You keep all rights in your inputs and in the outputs generated from them, and you may use those outputs for any lawful purpose, including in bids, investment papers and lender submissions.
You grant us a limited licence to host, process and display your project data only so far as needed to provide the platform to you, to support you, and to keep the service secure. We do not use your project data to serve any other customer.
We do not use your project data to train any model. Our optimisation models are built from physics and mathematics, not from customer data. No model parameter is derived from anything you upload, and nothing you upload changes the results another customer receives.
Access within the platform is permission-based at project level. We restrict internal access to personnel who need it to operate the service or to support you.
We may generate aggregated, de-identified statistics about how the platform is used, for example run volumes and performance timings, and use those to improve the service. Such statistics never contain your project data, your figures or anything that identifies you.
On termination you may export your project data. We will retain it for 10 days from the date of termination to allow that, then delete or irreversibly anonymise it, except where law requires us to keep it. Where you can, export before your term ends.
10. How the platform is built
Our optimisation and simulation models are our own work. They are written in-house and run on infrastructure we control.
There is no third-party model, machine learning service or external API in the path that processes your project data. Nothing you upload is sent to another provider to be analysed, scored or interpreted.
Results are deterministic. The same inputs return the same outputs, and every figure traces back to a physical or contractual assumption you can inspect.
We do use third parties for ordinary business functions such as hosting, payment processing and email. Where any of them handles personal data, section 14 applies.
11. Our intellectual property
We own the platform: its software, interfaces, optimisation models, methodology, documentation and branding, along with every improvement to them. Nothing in these terms transfers any of that to you beyond the right to use it as described here.
If you send us feedback or suggestions, you allow us to use them freely to improve the platform, without obligation or payment to you. This does not give us any right to your project data, and it does not entitle us to use anything you have marked confidential for any other purpose.
12. Model outputs and your own judgement
This section matters more than any other on this page, so we have kept it plain.
Exergy Space is a decision-support tool. Its outputs are modelled estimates produced from the inputs and assumptions you provide. They are not investment advice, engineering advice, financial advice or a guarantee of any commercial outcome.
Model results depend entirely on the quality of the inputs. Resource data, cost assumptions, tender interpretation, market rules and financing terms all shape the answer. We do not verify the accuracy of what you enter.
No modelled tariff, LCOE, IRR, DSCR or dispatch profile is a promise of actual performance. Real projects diverge from models for reasons no simulation captures, including resource variability, grid conditions, construction and operating performance, counterparty behaviour, and regulatory change.
You remain responsible for reviewing, validating and independently verifying every output before you rely on it in a bid, an investment decision, a financing document or any commitment to a third party. Where the stakes warrant it, obtain independent professional advice.
We are not liable for decisions you take on the basis of model outputs, and we do not accept responsibility for bids won or lost, returns achieved, or financing raised or refused.
13. Confidentiality
Each of us may receive confidential information from the other. Each will keep it confidential, use it only for the purposes of this agreement, and protect it with at least the care it applies to its own confidential information. Your project data is your confidential information.
This does not apply to information that is public through no fault of the receiver, was already lawfully held, is independently developed, or must be disclosed by law or a regulator. Where disclosure is compelled and it is lawful to say so, the receiver will tell the other party first.
We will not publish your name, logo or any identifying details of your projects without your prior written consent.
These obligations continue for three years after this agreement ends, and for as long as the information remains a trade secret.
14. Privacy and data protection
Our handling of personal data is described in our Privacy Policy, which forms part of these terms.
Where we process personal data on your behalf, we act as a data processor and you as the data fiduciary or controller. We will process it only on your documented instructions, apply appropriate security safeguards, engage sub-processors only under equivalent obligations, and assist you with data principal requests and breach notification. A data processing addendum is available on request.
In accordance with the Digital Personal Data Protection Act, 2023 and the rules made under it, our Grievance Officer is Arpit Jain, reachable at contact@exergyspace.com. We will acknowledge a grievance within three working days and respond substantively within the period required by law.
Where personal data is transferred across borders we do so in line with applicable law.
15. Availability and support
We aim to keep the platform available at all times, but we do not guarantee uninterrupted service. Planned maintenance is notified in advance where practical. Emergency maintenance may occur without notice.
Support is provided at the level stated in your order, during Indian business hours, by email. Where an order includes a service level commitment, the remedy for missing it is a service credit calculated as set out in that order, and that credit is your sole remedy for that particular failure.
16. Warranties and disclaimers
We warrant that we will provide the platform with reasonable skill and care, and that we have the right to grant the rights in these terms.
Beyond that, and to the fullest extent the law allows, the platform is provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty as to accuracy, completeness or the commercial results of using it.
We do not warrant that the platform will be error free, that results will meet your expectations, or that any bid or investment informed by it will succeed.
17. Limitation of liability
Neither party excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or anything else that cannot lawfully be excluded.
Subject to that, and to the fullest extent the law allows:
- Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business or reputation, or loss of opportunity, including a bid not won.
- Our total aggregate liability arising out of or in connection with these terms is capped at the fees you paid us in the 12 months immediately before the event giving rise to the claim.
- That cap does not apply to a breach of section 13 (Confidentiality), or to the indemnity we give you in section 18.
You accept that this allocation of risk is reflected in the fees we charge, and that it is reasonable given that outputs are estimates you are responsible for verifying.
18. Indemnity
You will indemnify us against claims, losses and reasonable costs arising from your project data infringing a third party's rights, your use of the platform in breach of these terms or applicable law, or your reliance on outputs without the verification described in section 12.
We will indemnify you against third-party claims that the platform itself, used as permitted, infringes that party's intellectual property rights in India, provided you tell us promptly, let us control the defence, and cooperate reasonably.
19. Suspension and termination
Either party may terminate for material breach if the breach is not fixed within 30 days of written notice, or immediately if the other becomes insolvent or enters liquidation.
We may suspend access without prior notice where there is a security risk, unlawful activity, or a threat to the platform's integrity. We will tell you as soon as we reasonably can and restore access once the issue is resolved.
On termination your right to use the platform ends. Sections 7, 9, 10, 11, 12, 13, 16, 17, 18, 20 and 22 survive, along with any payment obligation that accrued before termination.
20. Governing law and disputes
These terms are governed by the laws of India. The courts at New Delhi have exclusive jurisdiction, subject to the following.
Before starting proceedings, each party will raise the dispute in writing and the parties will attempt in good faith to resolve it within 30 days through discussion between senior representatives.
If that fails, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The arbitrator is appointed by agreement between the parties, and failing agreement within 30 days, on application under section 11 of that Act. The seat and venue is New Delhi, India, and the language is English. The award is final and binding. Nothing here prevents either party seeking urgent interim relief from a court.
21. Changes to these terms
We may update these terms. If a change materially affects your rights, we will give at least 30 days' notice by email or in the platform before it takes effect, and it will apply from your next renewal.
Continuing to use the platform after a change takes effect means you accept the updated terms. If you do not accept them, you may terminate before they take effect and receive a pro-rata refund for the unused remainder of your term.
Each version is dated and numbered. Your acceptance is recorded against the version in force at the time.
22. General
Entire agreement. These terms, together with our Privacy Policy, any data processing addendum, and any order or statement of work you have signed, form the entire agreement between us on this subject and replace anything discussed beforehand.
Severability and waiver. If a court finds any part unenforceable, the rest continues to apply. Not enforcing a right on one occasion does not waive it.
Assignment. You may not assign this agreement without our written consent. We may assign it as part of a merger, acquisition or sale of substantially all our assets.
Force majeure. Neither party is liable for delay or failure caused by something outside its reasonable control, including natural disaster, war, civil unrest, epidemic, act of government, failure of public infrastructure, or failure of the internet or a utility. Payment obligations are not excused.
Notices. Formal notice is given in writing: to us at contact@exergyspace.com, and to you at the account email on record, taking effect on the next working day. Notice of termination or of a dispute must also be sent by post to our registered office, the full address of which we will provide on request.
No partnership. Nothing here creates a partnership, joint venture, employment or agency relationship between us.
23. Contact
Questions about these terms, your order, or anything on this page:
contact@exergyspace.com →
Exergy Space Technologies Private Limited
Registered at Gurgaon, Haryana, India
CIN U62011HR2026PTC149311
Version 1.0, effective 5 September 2026. Grievances under the Digital Personal Data Protection Act, 2023 should be sent to contact@exergyspace.com, marked for the attention of the Grievance Officer.