Terms of Service (Last updated: June 23, 2025)

1. INTRODUCTION

Welcome to the Aethera Solutions Website ("Website"), operated by Beniescan Inc. ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our Website, including any content, functionality, and services offered on or through the Website.

By accessing or using our Website, you agree to be bound by these Terms. If you are using our Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such case, "you" and "your" will refer to both you and that organization.

If you do not agree to these Terms, you may not access or use the Website.

2. WEBSITE DESCRIPTION

Aethera Solutions is an energy resiliency company that provides consultative services to governments and businesses in need of alternative energy solutions, including the design and installation of micro-grids. Our Website provides information about our company, services, and industry insights. The Website is primarily informational and marketing-oriented in nature.

3. WEBSITE USAGE

3.1 General Usage Rights

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for informational purposes in accordance with these Terms.

3.2 Prohibited Conduct

You agree not to use the Website to:

  • Violate any applicable law or regulation

  • Infringe the rights of any third party, including intellectual property rights

  • Upload or transmit viruses, malware, or other malicious code

  • Interfere with or disrupt the integrity or performance of the Website

  • Collect or harvest any personally identifiable information from the Website

  • Impersonate any person or entity or falsely state or misrepresent your affiliation

  • Access the Website through automated means, such as bots or scrapers, without our express permission

4. CONTACT FORMS AND INFORMATION SUBMISSION

4.1 Contact Information

If you submit contact information or other data through our Website forms, you grant us permission to use this information to contact you regarding our services and to maintain business relationships. 

4.2 No Protected Health Information

Our Website is not designed to receive or process Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA"). Please do not submit any PHI through our Website forms or communication channels.

5. INTELLECTUAL PROPERTY

5.1 Our Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Beniescan Inc., its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Trademarks

Beniescan, Aethera Solutions, and all related names, logos, product and service names, designs, and slogans are trademarks of Beniescan Inc. or its affiliates. You must not use such marks without our prior written permission.

5.3 Feedback

If you provide us with any feedback or suggestions regarding the Website or our services ("Feedback"), you assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback in any manner without restriction or compensation to you.

6. THIRD-PARTY LINKS

The Website may contain links to third-party Websites or content that are not owned or controlled by Beniescan Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party Websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any such third-party Websites or services.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENIESCAN INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BENIESCAN INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BENIESCAN INC.'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENIESCAN INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BENIESCAN INC. DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Beniescan Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any rights of another person or entity; or (d) your violation of any applicable laws or regulations.

10. TERMINATION

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. CHANGES TO TERMS

We may modify these Terms at any time by posting the revised Terms on our Website. Your continued use of the Website after such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Website shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, unless we agree otherwise in writing. The award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights in any court of competent jurisdiction.

13. MISCELLANEOUS

13.1 Entire Agreement

These Terms constitute the entire agreement between you and Beniescan Inc. regarding the Website and supersede all prior agreements and understandings, whether written or oral.

13.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Beniescan Inc.

13.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law.

13.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

14. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Beniescan Inc. d/b/a Aethera Solutions
Email: info@aetherasolutions.com
Address: 412 Georgia Ave. Suite 300 Chattanooga, TN 37403

By using the Aethera Solutions Website, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.