FE Bluefire LLC API & Content Terms of Use

This API & Content Terms of Use (“API TOU”) is a legally binding agreement between FE Bluefire LLC (aka Bluefire, Poweroutage.us or Poweroutage.com), a Florida limited liability company, (“Bluefire”) and each person and entity (“End User”) that receives, accesses or uses an API, API Key, Content or other Bluefire Material made available to End User by Bluefire or any of its affiliates. Capitalized terms used herein have the definition assigned to them in this API TOU.

This API TOU applies regardless of whether End User receives an API Key directly from Bluefire or from a third-party reseller.

1. Acceptance and Modifications

1. By receiving, accessing or using the API, an API Key, any Content or any other Bluefire Material, End User acknowledges and agrees that it is agreeing and consenting to this API TOU and to the privacy policy located at https://poweroutage.us/legal/privacypolicy (the “Privacy Policy”). If End User does not agree with any term of this API TOU or the Privacy Policy, End User may not use the API, Content or other Bluefire Material, and End User must delete any information obtained therefrom.

2. Bluefire reserves the right to update this API TOU at any time without notice. End User should review the API TOU before using the API, API Key, Content or any other Bluefire Material. The most current version of this API TOU can be found at https://poweroutage.us/legal/apitermsofuse. Any updates to this API TOU will be effective immediately upon posting and End User agrees to the updated API TOU by continuing to access or use the API, API Key, Content or other Bluefire Material.

2. Definitions

1. “API” or “Power Outage API” means the Bluefire application programming interface which is a set of code and programming rules which enables an End User to connect its software to Bluefire’s systems to allow such End User to receive the Content.

2. “API Key” means an individual API access key or credential provided to an End User that enables such specific End User to use the Live Outage API.

3. “Bluefire IP” means all trade secrets, know how, software, technologies, content, copyrights, copyrightable material, Bluefire’s Marks, patents, designs, inventions, algorithms, ideas, metrics, data, websites, customer information and lists, supplier information and lists, and all other intellectual property of Bluefire and/or its affiliates, whether pre-existing or created after the date of this API TOU, including any modifications, enhancements and derivatives thereof.

4. “Bluefire Material” means all API Keys, APIs and Content, and all documentation, technology, information, data, reports, maps and services made available by Bluefire, including any modifications, enhancements and derivatives thereof.

5. “Content” means the real-time power outage data made available to End User via the API.

6. “Content Region” means the county, city, state or other geographical region with respect to which End User will receive Content via the API. End User acknowledges and agrees that it may only access the Content for the Content Region designated for it.

7. “Marks” means all trademarks, logos and other indicia of Bluefire or any third-party provider (including the “Powered by PowerOutage.us” or “PowerOutage.com” legend, or any other included attributions, property marks or notices, including those required by owners of Third-Party Materials).

8. “Representatives” means End User’s affiliates and End User’s and its affiliates’ employees, contractors, personnel, representatives and users.

9. “Subscription Period” means the period of time that End User may access the API and Content as confirmed by Bluefire (either directly with End User or via an authorized third party reseller).

10. “Third-Party Materials” means information, services, Marks, links, content and other material that is created by, provided by, managed by, originating from or owned by any person, company, public agency or other entity other than Bluefire or its affiliates and that is incorporated or embedded into, or made available via, the Bluefire Material.

3. License Grant, Restrictions, Caching

1. Subject to all terms and conditions of this API TOU, Bluefire grants to End User a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to (a) use the API and API Key to receive Content for the Content Region, and (b) to access and use documentation and other Bluefire Materials provided by Bluefire to enable End User to exercise its rights pursuant to clause (a). End User shall not remove, obscure, modify or misuse any Marks.

2. Subject to the other terms herein, End User may cache Content for its own internal use during the Subscription Period and for up to thirty (30) days after the Subscription Period. End User shall ensure that it deletes all cached Content (including all copies thereof) on or before the end of such thirty (30) day period following the Subscription Period.

3. End User shall comply with all applicable laws, rules and regulations including, without limitation, tax, import or export restrictions, data privacy and security, foreign exchange and consumer protection legislation. End User is responsible and liable for any breach of this API TOU by, and for all acts and omissions of, End User and its Representatives, and for all use under End User’s API Key. No implied right or license is granted.

4. Bluefire may modify the API, Content, and any and all other Bluefire Material at any time, with or without prior notice to End User. Modification may include suspension of access, suspension of service, removal of Content and/or other activity that may impact the use, availability and/or enjoyment of the API and/or Content. Bluefire may perform scheduled or unscheduled repairs, maintenance, changes, patching and/or upgrades to the API, Content, and/or any network, database, technology or services, which may suspend or degrade the availability or quality of the API and/or Content, or result in a partial or complete outage of the API and/or Content. The foregoing shall not be deemed to be a breach by Bluefire and Bluefire shall not be liable to End User or any other person or entity for any of the foregoing.

4. Acceptable Use

1. End User acknowledges and agrees that: (a) its use of the Content is strictly for internal, non-commercial purposes; and (b) Bluefire may, but is not obligated to, monitor usage of the API, API Key and Content.

2. End User shall not, and shall not permit or enable any Representative or other person or entity to: (a) resell, license, lease or rent any Bluefire Material; (b) reverse engineer, disassemble, decompile, reproduce, distribute, publish, perform, or modify any Bluefire Material or Bluefire IP for any purpose whatsoever; (c) implement or permit procedures or techniques designed to gain access to any Bluefire Material or Bluefire IP; (d) use any Bluefire Material or Bluefire IP in a manner that violates any of Bluefire’s rights or any third party’s rights; (e) modify the Content in a way that might decrease its accuracy (for example, and without limitation, modifying the Content to indicate that electrical or other service exists in a region where it does not, or vice versa); (f) sell, transmit or otherwise distribute Content or any other Bluefire Material to a third party, whether for compensation or otherwise, or share any API Key (other than as necessary for End User to use such API Key internally); (g) use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the API, Content, other Bluefire Material, any data or content found on or accessed through the API, or any other information related to the foregoing without the prior express written consent of Bluefire; (h) violate any restriction or obligation imposed on Third-Party Materials, or by the creators or licensors of any Third-Party Materials, including, without limitation, any restrictions or obligations concerning any third party’s intellectual property; (i) interfere with or attempt to interfere with, disrupt the proper working of, or violate the security of, the API or any servers or networks connected to the API; (j) attempt to gain unauthorized access to the API or any content, data, materials, information, computer systems or networks connected to any server associated with the API, through hacking, password timing or any other means; (k) take or attempt any action that imposes or may impose an unreasonable or disproportionately large load or burden on the API or any server, network, infrastructure or other technology; (l) use, transfer, distribute or dispose of any Content or other Bluefire Material in any manner that could compete with the business of Bluefire; (m) recirculate, redistribute or publish any Content, or allow any person or entity other than End User and its relevant employees to access the API or otherwise use the API Key; or (n) enter into any arrangement that contemplates or permits the use of the API or any Content or other Bluefire Material other than as expressly set forth in this API TOU.

3. End User shall not use the API, Content or any other Bluefire Material in developing any software program, model, algorithm, or other generative AI tool, including, but not limited to, training or using Content in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use of the Content for training, fine tuning, foundational, or grounding any machine learning or AI system or as part of retrieval-augmented generation)

4. End User shall not cache or store any Content or other Bluefire Material (and End User shall not provide archived or cached data sets containing Content to another person or entity) except as, and for the limited duration, set forth in Section 3.2 above.

5. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, FRAMING, OR DUPLICATING OF, OR ANY OTHER MISUSE OF, ANY API, CONTENT OR OTHER BLUEFIRE MATERIAL, IS STRICTLY PROHIBITED. Any use of the API, API Key, Content or any other Bluefire Material other than as expressly permitted by this API TOU is a material breach of this API TOU and may infringe upon Bluefire’s rights and/or the rights of Bluefire’s third party providers. End User agrees to report any violation of this API TOU by others of which End User becomes aware or suspects.

6. Bluefire may, without liability, suspend an API and/or API Key and cease delivery of any and all Content in the event that End User fails to remit payment on time, or Bluefire in good faith believes that access to any API, API Key or Content may result in a breach of an obligation of or to, or harm or liability of or to, Bluefire or any third party.

5. Fees and Payment

End User shall pay all applicable fees and expenses, and all applicable taxes, related to its use and access to the API, API Key and Content. If End User purchases an API Key through a reseller, End User shall remit all amounts as instructed by the reseller and in accordance with the reseller’s payment terms. If End User purchases an API Key directly from Bluefire, End User shall remit all amounts as instructed by Bluefire and in accordance with Bluefire’s payment terms provided to End User.

6. Ownership

End User acknowledges and agrees that Bluefire or its affiliates are the sole and exclusive owner of all right, title and interest (including all intellectual property rights) in and to the API, API Key, Content (subject to third parties’ rights in the Third-Party Materials), Bluefire Material and Bluefire IP. Ownership of Third-Party Materials is retained by the respective owners of such Third-Party Materials and Bluefire does not own or purport to own such Third-Party Materials. End User has no right of any kind in the API, Content, other Bluefire Material or Bluefire IP except for the limited license to the API, API Key and Content as expressly granted in Section 3 above, and End User shall not claim ownership or proprietary rights in any of the foregoing.

7. Term and Termination

1. This API TOU commences on the date that Bluefire issues an API Key for End User (whether directly to End User or to an authorized reseller that provides it to End User) and expires at the end of the Subscription Period. End User shall cease all use of the API and API Key upon expiration or earlier termination of the Subscription Period.

2. Either party may terminate this API TOU immediately if the other party commits a material breach and fails to cure the same within thirty (30) days of receipt of such notice. Bluefire may terminate this API TOU immediately if (a) End User or a third party reseller fails to remit payment in full in a timely manner; (b) End User becomes insolvent, is liquidated or dissolved or if any proceedings are commenced by, for or against it under any bankruptcy, insolvency, reorganization of debts or debtors relief law, or law providing for the appointment of a receiver or trustee in bankruptcy; or (c) if Bluefire determines that: (i) End User’s acts or omissions damage, or are reasonably likely to damage, Bluefire’s business, goodwill and/or reputation; (ii) End User infringes (or appears likely to infringe) Bluefire’s intellectual property rights; (iv) End User fails to comply with applicable law; or (v) End User undergoes an assignment, transfer or delegation with respect to which End User does not receive Bluefire’s consent.

3. Terms of this API TOU that should survive termination or expiration shall so survive including the following: Sections 1.2, 2, 3.3, 3.4, 4, 6 and 8-12.

8. Warranty and Indemnity

1. End User represents and warrants that: (a) it has the right, power and authority to enter into this API TOU; (b) it shall comply with all terms of this API TOU and all federal, state and local laws, rules and regulations.

2. THE APIs, API KEYS, CONTENT AND ALL OTHER BLUEFIRE MATERIAL ARE PROVIDED “AS-IS”.

3. BLUEFIRE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION: ANY REPRESENTATION OR WARRANTY OF TITLE, NONINFRINGEMENT, UNINTERUPTED SERVICE OR ACCESS TO CONTENT, ACCURACY, RESULTS OF USE, VIRUS-FREE OPERATION, SECURITY, RELIABILITY, AVAILABILITY, ERROR-FREE OPERATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AVAILABILITY; AND ANY REPRESENTATION OR WARRANTY RELATED TO COURSE OF DEALING OR USAGE OF TRADE.

4. BLUEFIRE DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY IN RELATION TO ANY THIRD PARTY OR ANY THIRD-PARTY MATERIAL, AND WARRANTIES ON THIRD-PARTY MATERIALS, IF ANY, WILL ONLY BE PROVIDED BY THE APPLICABLE THIRD-PARTY PROVIDER. END USER ASSUMES THE ENTIRE COST OF ALL SERVICING, REPAIR AND CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS.

5. ANY THIRD-PARTY MATERIALS INCLUDED IN, OR USED IN THE PREPARATION OF, THE CONTENT MAY VARY DURING THE TERM AS BLUEFIRE, FROM TIME TO TIME AND IN ITS SOLE DISCRETION, CHOOSES TO REMOVE THIRD PARTY MATERIALS AND/OR INCORPORATE NEW THIRD-PARTY MATERIALS INTO THE CONTENT, OR IF PROVIDERS OF THIRD-PARTY MATERIALS DISCONTINUE PUBLICATION, AVAILABILITY OR ACCESS TO THEM, OR MAKE THEM AVAILABLE TO BLUEFIRE ON TERMS THAT BLUEFIRE IN ITS SOLE DISCRETION DETERMINES ARE UNACCEPTABLE. ACCORDINGLY, BLUEFIRE DOES NOT REPRESENT OR WARRANT THAT ANY OR ALL THIRD-PARTY MATERIALS ACCESSIBLE VIA AN API OR OTHERWISE INCLUDED IN, OR USED IN PREPARATION OF THE CONTENT, AND/OR CONTENT AT THE TIME THAT AN API KEY IS ISSUED WILL REMAIN ACCESSIBLE THROUGHOUT THE TERM.

6. End User shall, at its own expense, defend, indemnify and hold harmless Bluefire and its directors, officers, employees, successors and permitted assigns from and against any and all liabilities, damages, awards, losses, costs and expenses (including court costs and reasonable attorneys’ fees) arising out of any claim, demand, suit or cause of action (hereinafter a “Claim”) brought by a third party relating to or resulting from (i) End User’s use of the Content, (ii) any act or omission of End User or a Representative, or (iii) any breach of this API TOU. End User shall control the defense, disposition and settlement of the matter at its own expense; provided that End User shall not, without the consent of Bluefire, enter into any settlement or agree to any disposition that imposes any condition or obligation on Bluefire. Bluefire may participate in any Claim through its own counsel.

9. LIMITATION OF LIABILITY

1. IN NO EVENT SHALL BLUEFIRE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BLUEFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. IN NO EVENT SHALL BLUEFIRE’S LIABILITY TO END USER FOR DAMAGES EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100) WHETHER SUCH CLAIM IS IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THE PARTIES UNDERSTAND AND AGREE THAT THIS LIMITATION REFLECTS A NEGOTIATED AND REASONABLE ALLOCATION OF RISK.

3. End User acknowledges and agrees that: (i) the API, Content and Bluefire Material are provided for informational purposes only and are not intended to guide any investment or trade decision, or to constitute a solicitation, offer, opinion, endorsement or recommendation by Bluefire to buy or sell any security or investment; and (ii) Bluefire does not guarantee the sequence, accuracy, completeness, or timeliness of the API, Content, Bluefire Material, or any other information or material otherwise made available by Bluefire.

4. End User further acknowledges and agrees that neither this API TOU nor any API, Content or use case is exclusive, and that Bluefire may market, license and offer APIs and Content to other resellers, customers and others that may use the API and/or Content for a purpose and/or use case similar or identical to End User’s purpose and/or use case. Any such similar or identical purpose and/or use case shall not be deemed to be a violation of any term of this API TOU, and Bluefire shall not be liable or responsible for the same.

5. This Section 8 is intended to be as inclusive as governing law permits. By executing this API TOU, End User confirms that it has read and understands it, has had the opportunity to discuss it with End User’s legal counsel, understands that pursuant to it End User is giving up substantial rights, and intends to completely and unconditionally release liability to the greatest extent allowed by law.

10. Confidentiality

End User shall maintain the confidentiality of the API Key and all other information of a proprietary and confidential nature relating to the Bluefire Material and to the Bluefire IP.

11. Additional Terms Related to Resellers

If End User purchases an API Key through a reseller, this Section 10 shall apply. End User shall be subject to these API TOU in addition to any agreement between the End User and the reseller (“Reseller Agreement”). To the extent applicable, Bluefire shall be deemed a third-party beneficiary under the Reseller Agreement and entitled to enforce terms against End User to protect Bluefire’s rights and remedies in relation to Bluefire Material and Bluefire IP. In no event shall any Reseller Agreement be deemed to modify, amend or supersede this API TOU in a manner that reduces or limits any of Bluefire’s rights or remedies pursuant to this Agreement.

12. Miscellaneous

1. Audit. Upon request, End User will provide Bluefire with all assistance and information required to enable Bluefire to determine whether End User is in compliance with this API TOU.

2. Independent Contractor Relationship. The parties are independent contractors with respect to each other. This API TOU creates no agency, partnership, joint venture, or other joint relationship between the parties.

3. Reservation. Nothing in this API TOU will preclude or limit Bluefire’s right to market, make available or license worldwide, either directly or indirectly, any API or Content or any other product, material or service that Bluefire now develops or may in the future develop.

4. Severability. If any provision of this API TOU is declared by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision hereof and the invalid provision shall be reformed to the extent necessary to make such provision valid and enforceable.

5. Force Majeure. Bluefire will not be responsible or liable for, and will be excused from, any non-performance or delay in the performance of its obligations if and to the extent such non-performance or delay is caused by an act of God, embargo, strike, riot, terrorist attack, natural disaster, pandemic, civil disturbance, war or other military action, fire, flood, earthquake, change in law, regulation or government policy, non-performance by any third party (including a vendor or supplier), or any other factor beyond the control of Bluefire, whether or not foreseeable. In the event that Bluefire is excused from performance pursuant to this section, Bluefire will use reasonable commercial efforts to resume performance as soon as feasible.

6. Entire Agreement. This API TOU represents the entire agreement of the parties with respect to the subject matter hereof and cancels and supersedes any previous understanding, commitment or agreement, oral or written, between Bluefire and End User.

7. Waiver. No failure by either party to insist upon the strict performance of any covenant, term or condition of this API TOU, or to exercise any right or remedy, shall constitute a waiver of such right or remedy on any subsequent occasion.

8. Governing Law. This API TOU shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of Florida and exclusive venue shall be in the state and federal courts located in Orlando, Florida. Each party expressly waives its right to a trial by jury. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.

9. Amendment. Subject to Section 1.2, this API TOU may not be amended except in writing executed by duly authorized representatives of both End User and Bluefire.

10. Notices. Notices to Bluefire pursuant to this API TOU must be sent by email to info@poweroutage.us.

11. Assignment. End User shall not assign, transfer, sublicense, or delegate this API TOU or any right or obligation hereunder, whether directly or by operation of law, without Bluefire’s prior written consent. Bluefire may assign, transfer, sublicense or delegate this API TOU, or any right or obligation hereunder, without restriction. Any attempted assignment, transfer, sublicense, or delegation by End User without required prior written consent shall be void. Otherwise, this API TOU shall bind and benefit the parties and their respective permitted successors and assigns.

12. Interpretation. All section headings used in this API TOU are for the convenience of the parties only and shall not be considered in construing this API TOU. All remedies available to Bluefire pursuant to this API TOU are intended to be cumulative. For the avoidance of doubt, the API Key, API and all Content are licensed and not sold, and any reference to selling, reselling or the like is for convenience only and does not change the nature of the API TOU as a grant of limited rights.

Last revised: 8 August 2025