Terms of Service

Welcome to the Terms of Service (these “Terms”) for the online sales platform operated by Voltage Park, Inc. (“Company”, “we” or “us”) through the following websites, VoltagePark.com and https://cloud.voltagepark.com/ such platform, as well as any content, tools, features and functionality offered on or through such platform, are collectively referred to as the “Platform”).

These Terms govern your access to and use of the Platform and your procurement of access to computing equipment and related services through the Platform (“Compute Services”). Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Platform and submitting offers for Compute Services through the Platform (each such offer, an “Offer”), you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Platform or submit any Offers.

If and when we accept your Offer for Compute Services (as further described in Section 3.4 below), our provision of, and your use of, such Compute Services will be governed by the Compute Services Agreement (as described in Section 3.3 below) and not these Terms.

For purposes of these Terms, “you” and “your” means you as the user of the Platform. If you use the Platform on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

SECTION 8 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE COMPANY’S PLATFORM AND/OR OFFERS THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW.

1. Who May Use the Platform

You must be 18 years of age or older and reside in the United States or any of its territories to use the Platform (subject to the additional limitations in Section 3.8 below). By using the Platform, you represent and warrant that you meet these requirements.

2. User Accounts

2.1 Creating and Safeguarding your Account. To use the Platform, you need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account (including any Offers placed through your Account) and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed you, or we previously banned you from using our Platform, unless we provide written consent otherwise. We reserve the right to verify information that you have provided to create an Account before we allow you to submit Offers.

3. Placing offers through the platform

3.1 Descriptions of Compute Services; Pricing. It is your responsibility to review all of the information provided about the Compute Services before placing an Offer. While we attempt to provide accurate descriptions of the Compute Services offered through the Platform we do not warrant that the product descriptions, pricing or other information provided are accurate, complete, precise, reliable, current or error-free.

3.2 Offers. By displaying Compute Services that are available for purchase through the Platform, we are only inviting you to submit an Offer. You agree that your Offer is a firm offer to purchase, in accordance with these Terms and the Compute Services Agreement, all Compute Services listed in the Offer. You may not cancel or withdraw an Offer following its placement. By placing an Offer, you authorize us, and our third-party service providers, to charge your selected payment method for all amounts presented to you in connection with the Compute Services on which you placed an Offer. By placing an Offer, you represent that you are procuring the Compute Services on your own behalf and not for resale or use by another entity. We reserve the right to take steps to verify your payment information before accepting your Offer. You acknowledge that the Platform may allow for transactions in real time, and your Offer may compete simultaneously against multiple other Offers.

3.3 Compute Services Agreement. By placing an Offer, you agree to our form of agreement for Compute Services, as set out at https://www.voltagepark.com/computer-services-agreement (“Compute Services Agreement”), which will form an agreement between you and us for the provision and use of the Compute Services if we accept your Offer pursuant to Section 3.4. Any terms or conditions that are included in any order form, invoice or other similar document that you issue in connection with your procurement of Compute Services is hereby expressly rejected and will not be deemed to modify or supplement the Compute Services Agreement or these Terms. The Compute Services Agreement, and not these Terms, will govern our provision of, and your use of, the Compute Services. We are under no obligation to deliver any Compute Services until you have paid all amounts due under the Compute Services Agreement.

3.4 Offer Acceptance. All Offers are subject to our acceptance, and we will not be obligated to fulfil any Offer pursuant to the Compute Services Agreement unless and until we accept it in accordance with this Section. Offers are subject to service availability, and we may, in our sole discretion, choose to reject an Offer for any reason. This may occur, for example, if the services ordered are not available or have been mispriced, if we suspect an Offer is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We also reserve the right, in our sole discretion, to determine to which customers we will sell Compute Services. If your Offer is accepted, we will send you a confirmation email with your order number, a summary of the items ordered, and pricing details, or, if you opt out of receiving emails from us through your Account, you may see details of your accepted Offer through your Account page (“Offer Confirmation”). We reserve the right to take steps to verify your payment information before confirming your Offer. Our acceptance of your Offer and the formation of a contract between you and us (pursuant to the terms of the Compute Services Agreement) with respect to the provision of relevant Compute Services will not take place unless and until (a) you have received your Offer Confirmation email (or the details of your Offer Confirmation are available under your Account on our website); and (b) we have received the initial payment for the Compute Services that we have requested. 

3.5 Payment. We reserve the right to require to you to pre-pay certain amounts for the Compute Services you wish to procure before you can submit an Offer for such Compute Services. You acknowledge and agree that all information you provide with regards to a purchase of Compute Services, including payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Compute Services, and (b) refuse to allow any user to purchase any Compute Services. Unless otherwise noted, all currency references are in U.S. Dollars and do not include applicable taxes, duties and other similar charges, which you are responsible for paying.

3.6 Changes. We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Compute Services that are displayed in the Platform. All such changes shall be effective immediately upon posting of such new information to the Platform and/or upon making you aware of such new information (whichever occurs earlier).

3.7 No Commitment to Sell Displayed Compute Services. We reserve the right to modify, suspend or discontinue, temporarily or permanently, our invitation to procure Compute Services through the Platform at any time, in our sole discretion, regardless of whether you have placed an Offer or we have accepted your Offer. For the avoidance of doubt, the foregoing does not limit any rights or remedies you may have pursuant to a Compute Services Agreement that you and we have entered into pursuant to Section 3.4.

3.8 Territorial Restrictions on use of the Platform. The Compute Services may not be available in the location from which you have placed an Offer or intend to use the Compute Services. We reserve the right to limit the locations from which Offers may be placed, including as required to comply with applicable laws and regulations.

4. Location of Our Privacy Policy; Usage Information

4.1 Privacy Policy. Our Privacy Policy describes how we handle certain information you provide to us when you use the Platform. For an explanation of our privacy practices, please visit our Privacy Policy located at https://www.voltagepark.com/privacy-policy.

4.2 Usage Information. You acknowledge that the Company monitors the performance and usage of the Platform by its customers (including information related to Offers) and may combine this data (“Usage Information”) with other information and use such combined data in an aggregate, de-identified and anonymous manner for its business purposes. Examples of aggregate data include compiling statistical and performance information related to the operation of the Platform, determining usage trends, performing analytics and developing and improving the Platform and the Company’s other products and services. The Company retains all intellectual property rights in and to Usage Information.

5. Rights We Grant You

5.1 Right to Use Platform. We hereby permit you to use the Platform to review Compute Services that are available for purchase and to submit Offers, provided that you comply with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Platform, we hereby grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access such software, content and materials provided to you as part of the Platform in each case for the sole purpose of enabling you to use the Platform as permitted by these Terms. Your access and use of the Platform may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Platform or other actions that Company, in its sole discretion, may elect to take.

5.2 Restrictions On Your Use of the Platform You may not do any of the following in connection with your use of the Platform, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Platform, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Platform (including any underlying idea or algorithm), or attempt to do any of the same;

(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Platform;

(d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Platform;

(e) access or use the Platform in any manner that could disable, overburden, damage, disrupt or impair the Platform or interfere with any other party’s access to or use of the Platform or use any device, software or routine that causes the same;

(f) attempt to gain unauthorized access to, interfere with, damage or disrupt the Platform, or the computer systems or networks connected to the Platform;

(g) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Platform;

(h) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Platform to monitor, extract, copy or collect information or data from or through the Platform, or engage in any manual process to do the same;

(i) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;

(j) violate any applicable law or regulation in connection with your access to or use of the Platform; or

(k) access or use the Platform in any way not expressly permitted by these Terms.

6. Ownership

6.1 Ownership of the Platform. The Platform, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Platform (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Platform and its content, including the exclusive right to create derivative works.

6.2 Ownership of Trademarks. The Company’s name, trademarks, logos, all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

6.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Platform or the Compute Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Platform or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

7. Disclaimers, Limitations of Liability and Indemnification

7.1 Disclaimers. 

(a) Your access to and use of the Platform are at your own risk. You understand and agree that the Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Platform or your ability to submit Offers through the Platform; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform; (iii) the operation or compatibility with any other application or any particular system or device; or (iv) whether the Platform will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from the Company Entities or through the Platform, will create any warranty or representation not expressly made herein.

(b) THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN SECTION 7.2 BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

7.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE PLATFORM OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE PLATFORM, THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF: (I) ONE HUNDRED DOLLARS ($100.00); AND (II) THE AGGREGATE AMOUNTS YOU PRE-PAID IN CONNECTION WITH THE OFFER GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. For the avoidance of doubt: (a) the foregoing does not limit any rights or remedies you may have pursuant to a Compute Services Agreement that you and we have entered into pursuant to Section 3.4. For greater certainty, your rights and remedies are limited to those set out in the Compute Services Agreement or these Terms, as applicable, and you may not seek recovery under both the Compute Services Agreement and these Terms for any such breach, event, action or occurrence.

7.3 Indemnification. By entering into these Terms and accessing or using the Platform, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with any of the following: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Platform; and (d) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

8. ARBITRATION and injunctive relief

8.1 Dispute Resolution Procedures. Except as provided below, for any dispute arising out of, or relating to, these Terms or breach of these Terms, or the transactions contemplated hereby, the parties will use good faith efforts to promptly resolve the matter informally before resorting to more formal means of resolutions. The parties hereby agree to submit any dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted in the State of Delaware, using the English language, before a single neutral arbitrator under the auspices of JAMS Streamlined Arbitration Rules and Procedures (for claims under $250,000.00) or JAMS Comprehensive Arbitration Rules and Procedures (for claims over $250,000.00). The arbitrator will follow Delaware law in adjudicating the dispute. Interpretations of these Terms, including determinations of unconscionability and the interpretation of this Section will be determined by the arbitrator selected through this provision. The determinations of the arbitrator shall be final and shall not be subject to judicial review; provided, however, that any award or determination rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties shall share equally the costs of arbitration, including the costs of transcribing the arbitration, but each party shall bear its own attorneys’ fees and related costs, unless otherwise provided by law or regulation. Except to the extent necessary to confirm an award or as may be required by applicable laws or regulations, neither a party nor an arbitrator may disclose the existence, content or results of an arbitration without the prior written consent of the parties. Each party expressly and irrevocably waives any claim or defense in any arbitration or proceeding based on any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar doctrine or theory. Each party irrevocably waives any and all right to trial by jury in any proceeding arising out of or related to these Terms. Any proceeding to resolve a dispute hereunder will be conducted solely on an individual basis, and neither party will seek to have any dispute heard as a class action or class arbitration.

8.2 Injunctive Relief. The parties acknowledge and agree that any action for equitable relief or any other action that may not be submitted to arbitration under applicable laws or regulations, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in the State of Delaware. To that end the parties hereby submit to the jurisdiction of the State of Delaware for this limited purpose.

9. Additional Provisions

9.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. It is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Platform after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

9.2 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Platform (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Platform under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

9.3 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

9.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Platform of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

9.5 U.S. Government Restricted Rights. The Platform and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

9.6 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Platform and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Platform may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Platform, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

9.7 Force Majeure. Company shall not be liable under these Terms for delays, failures to perform, damages or losses caused or occasioned by or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, epidemics, shortages of equipment or supplies, equipment malfunctions, loss of access to or degradation networks, acts or omissions of third parties or any other cause beyond its reasonable control.

9.8 Miscellaneous. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. The Company may subcontract or delegate its obligations under these Terms without your content. The failure of any party in any one or more instances to insist upon strict performance of any provisions of these Terms, or to exercise any option or remedy which is conferred by these Terms, shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provisions, options or remedies on any future occasion. No waiver by either party shall be effective unless agreed to pursuant to a writing signed by a duly authorized representative of the party granting the waiver. The section headings used herein are for reference only and shall not be read to have any legal effect. The Platform is operated by us in the United States. Those who choose to access the Platform from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. The parties hereby agree that any disputes under these Terms will be resolved pursuant to the laws of the State of Delaware, without giving effect of any conflicts of laws principles. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

9.9 No Third Party Beneficiaries. These Terms are for the sole benefit of the parties and their respective successors and assigns and, except as provided in Section 7, nothing herein, express or implied, is intended to or will confer upon any other person any legal or equitable right, benefit or remedy.

9.10 Interpretation. The titles, headings and captions contained in these Terms are for reference purposes only and will not affect in any way the meaning or interpretation of these Terms. Unless otherwise indicated to the contrary herein by the context or use thereof, for the purposes of these Terms: (i) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the terms “shall” and “will” are synonyms as used in these Terms and each term indicates that the corresponding party must perform the obligation that is subject to such term. The parties intend these Terms to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. Unless otherwise expressly stated herein, the rights and remedies of the parties are cumulative and are in addition to, and not in substitution for, any other rights and remedies available at law or in equity or otherwise.

9.11 Notices. Except as provided in this Section, all notices under these Terms to you shall be in writing and shall be delivered to the addresses you indicate in your Account. Notices to the Company shall be addressed to customernotices@voltagepark.com, with a copy to legal@voltagepark.com. Either party may change its address for notice by giving notice of such address change in the manner provided herein. All communications and notices to be made or given pursuant to these Terms shall be in the English language. Notwithstanding the foregoing, the Company may provide all business and product-related communications (e.g., release notes for product updates, privacy policy updates, critical security updates and information on critical bugs and outages) to you by email, posting on the Platform or other electronic means.