ViSTA™ Platform Terms of Use

1 Scope and Parties

These ViSTA™ Platform Terms of Use (“Terms”) are a legal agreement between you, the individual user (“User” or “you”), and Viridi Parente, Inc. (“Viridi,” “we,” or “us”). They govern your access to and use of the ViSTA™ platform, the Conductor™ platform, any remote access tools or connections that Viridi provides or authorizes (including virtual private network connections, such as those provided using WireGuard), and all related software services, features, and optional communication services (collectively, the “Platform”). These Terms apply to all Users regardless of the organization through which access is provisioned. These Terms take effect as to you when you first accept them.

2 Authorized Use

Access to the Platform is granted solely for legitimate business purposes related to the systems and equipment accessed through the Platform and associated services provided by Viridi. You agree not to:

• Access any system, feature, or data for which you do not have express authorization;
• Share your login credentials, access keys, or VPN configuration files, or permit others to access the Platform using your account;
• Reverse engineer, decompile, or attempt to derive source code from any part of the Platform;
• Transmit malware, malicious code, or unauthorized automated queries;
• Circumvent, disable, or tamper with any security or access control feature; or
• Use the Platform in violation of any applicable law or regulation.

3 Remote Access Acknowledgment

By accessing the Platform, you acknowledge and agree that:

• Remote commands to any system or connected equipment shall only be issued when site conditions are reasonably believed to be safe;
• Remote access does not transfer operational control of any system to Viridi — you and your organization remain solely responsible for site conditions, system operations, and regulatory compliance;
• Your credentials are personal and must be kept confidential; and
• You will promptly report any suspected unauthorized access or security incident to Viridi.

4 Software Services Disclaimer

The Platform and related software services rely on external data, communications systems, utility conditions, site-specific factors, and third-party systems outside Viridi’s control. Viridi does not guarantee energy savings, revenue, system performance, dispatch outcomes, uptime, or regulatory outcomes. Platform availability does not guarantee battery dispatch capability or economic performance.

5 Account Security

You are responsible for maintaining the security of your login credentials, access keys, and VPN configuration files. Viridi reserves the right to suspend or revoke your access at any time in the event of actual or suspected misuse, unauthorized access, or security risk, with or without prior notice as circumstances require.

6 Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRIDI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VIRIDI DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED.

7 SMS / Text Message Notification Service

7.1  Service Description

Viridi offers an optional SMS Notification Service that delivers text message alerts regarding the status, performance, and operational events of the systems and equipment you monitor through the Platform to your designated mobile telephone number. Message frequency varies based on system events and your configured alert preferences.

7.2  Opt-In Consent

THE SMS NOTIFICATION SERVICE IS ENTIRELY OPTIONAL AND IS NOT A CONDITION OF PLATFORM ACCESS OR ANY PURCHASE. BY SELECTING THE SMS OPT-IN OPTION IN YOUR USER SETTINGS AND PROVIDING YOUR MOBILE NUMBER, YOU EXPRESSLY CONSENT TO RECEIVE AUTODIALED OR PRE-RECORDED TEXT MESSAGES FROM VIRIDI PARENTE, INC. AT THE NUMBER PROVIDED.

To enroll, you must: (i) navigate to notification settings in your ViSTA™ user profile; (ii) enter a valid U.S. mobile telephone number; (iii) select your preferred alert types and thresholds; and (iv) confirm the opt-in checkbox.

7.3  Message and Data Rates

Standard message and data rates may apply depending on your mobile carrier plan. Viridi is not responsible for any charges imposed by your mobile carrier.

7.4  Opt-Out / Unsubscribe

You may opt out at any time by: (i) replying STOP to any SMS message from Viridi; (ii) deselecting SMS notifications in your ViSTA™ user profile; or (iii) contacting Viridi support through the Platform. Upon a STOP request, Viridi will send one confirmation message and cease further SMS messages. You may re-enroll at any time.

7.5  Help and Carrier Information

Reply HELP to any message for instructions. The SMS Notification Service is available through major U.S. wireless carriers; delivery is not guaranteed and may vary by carrier. Viridi is not liable for delays or failures in SMS delivery attributable to carrier networks or third-party providers.

7.6  Privacy

Mobile telephone numbers and related opt-in records collected for the SMS Notification Service are used solely to deliver the requested notifications. To deliver SMS messages, Viridi uses a third-party messaging platform provider that acts as a data processor on Viridi’s behalf, transmitting messages at Viridi’s direction using the mobile number you provide. That provider receives your mobile number solely for message transmission purposes and is contractually prohibited from using it for any independent purpose. Your mobile number will not be sold or shared with any other third party except as required by law. Viridi remains responsible for the SMS Notification Service and these Terms govern your relationship with Viridi regardless of the delivery infrastructure used.

8 Updates to These Terms

Viridi reserves the right to update these Terms at any time. You will be presented with updated Terms upon your next login and must re-accept before continuing. Continued use of the Platform following re-acceptance constitutes agreement to the revised Terms.

9 Governing Law; Miscellaneous

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. If any provision is held unenforceable, the remaining provisions remain in full force. Viridi’s failure to enforce any provision shall not constitute a waiver. These Terms constitute the entire agreement between you and Viridi with respect to your individual use of the Platform and supersede any prior understandings regarding the same.