Terms of Service

Last updated: April 1, 2026

1. Acceptance of Terms

By accessing or using the American BMS website, platform, products, or services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use our Services. If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Services

American BMS provides battery management system hardware, firmware, cloud-based analytics (Digital DNA platform), AI-powered monitoring, Digital Twin simulation tools, and related professional services for energy storage applications.

3. Intellectual Property

3.1 Our IP

All intellectual property rights in our Services, including but not limited to software, firmware, algorithms, hardware designs, Digital DNA analytics models, Digital Twin simulation engines, trademarks, and documentation, are owned by American BMS or its licensors. These are protected by US and international intellectual property laws.

3.2 Your Data

You retain ownership of all data you provide to us or that is collected from your battery systems. You grant American BMS a non-exclusive license to process this data solely for the purpose of providing and improving our Services.

3.3 Restrictions

You may not reverse engineer, decompile, disassemble, or attempt to derive source code from any American BMS software or firmware. You may not sublicense, transfer, or distribute our technology without written authorization.

4. Account Responsibilities

  • You are responsible for maintaining the security of your account credentials
  • You must provide accurate and complete registration information
  • You are responsible for all activity under your account
  • You must promptly notify us of any unauthorized access

5. Acceptable Use

You agree not to:

  • Use our Services for any unlawful purpose
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the integrity of our Services
  • Transmit malware, viruses, or harmful code through our platform
  • Use our Services to develop competing products
  • Share access credentials with unauthorized parties

6. Service Level & Availability

We strive to maintain high availability of our cloud platform. Specific service level agreements (SLAs) may be outlined in your commercial agreement. We reserve the right to perform scheduled maintenance with reasonable notice. We are not liable for downtime caused by force majeure events, third-party service failures, or your equipment.

7. Warranties & Disclaimers

American BMS warrants that our hardware products will conform to published specifications for the warranty period stated in your purchase agreement. Our cloud services are provided with commercially reasonable efforts to maintain accuracy and availability.

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMERICAN BMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify and hold harmless American BMS from any claims, damages, losses, or expenses arising from your use of our Services, violation of these Terms, or infringement of any third-party rights.

10. Termination

Either party may terminate the service relationship with 30 days written notice. We may suspend or terminate access immediately for violation of these Terms. Upon termination, you may request export of your data within 30 days, after which we may delete it in accordance with our data retention policy.

11. Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the federal or state courts located in Delaware.

12. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Continued use of our Services after changes constitutes acceptance.

13. Contact

American BMS Legal Department
Email: legal@americanbms.com