ese Terms of Service ("Terms") govern your access to and use of the website (thicket.energy), digital fuel hedging platform, services, features, and related content (collectively, the "Service") provided by Thicket Energy, a Delaware C corporation ("Thicket," "we," "us," or "our"). By accessing or using the Service, creating an account, or submitting any information, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

These Terms form a legally binding agreement between you and Thicket. If you do not agree, do not access or use the Service.

1. The Service

Thicket provides a SaaS platform that enables businesses to digitally hedge fuel (diesel and related commodities) prices, lock in stable costs, manage volatility risk, and access related tools, analytics, waitlist features, and communications. The Service is intended solely for business (B2B) use by authorized representatives of companies or organizations. It is not available to consumers or for personal use.

2. Eligibility and Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) and authorized to act on behalf of a business entity to use the Service. To access certain features, you must create an account and complete basic Know Your Customer (KYC) verification, including providing accurate business and contact information (e.g., first/last name, email, company details). You agree to keep this information current and accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized access at support@thicket.energy. We reserve the right to suspend or terminate accounts for violations or suspected fraud.

3. User Responsibilities and Prohibited Uses

You agree to use the Service only for lawful business purposes and in compliance with these Terms, applicable laws, and regulations (including anti-money laundering, export controls, and sanctions). Prohibited activities include (but are not limited to):

• Using the Service for personal, consumer, or non-business purposes;
• Submitting false, misleading, or incomplete information;
• Attempting to interfere with, disrupt, or gain unauthorized access to the Service or third-party systems;
• Transmitting viruses, malware, or harmful code;
• Infringing intellectual property, privacy, or other rights;
• Engaging in fraudulent, deceptive, or illegal activities;
• Using the Service to speculate on fuel prices without legitimate business hedging needs or in violation of commodity trading regulations.

We may monitor usage for compliance and terminate access for any violation.

4. Payments and Subscriptions

Certain features or hedging services may require payment (e.g., subscription fees, transaction-based charges). Payments are processed securely via Stripe. You authorize us (and Stripe) to charge your provided payment method. You are responsible for all applicable taxes, fees, and charges. Prices and terms may change with notice. Late payments may incur fees or suspension. Disputes regarding charges must be raised within 30 days.

Stripe handles payment processing per their Services Agreement (stripe.com/legal/ssa). We disclaim liability for Stripe's acts/omissions, and you agree to comply with Stripe's terms where applicable.

5. Intellectual Property

The Service, including software, designs, text, graphics, and hedging tools, is owned by Thicket or its licensors and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for your internal business hedging needs during your subscription term. You may not copy, modify, reverse-engineer, resell, or sublicense any part of the Service.

User-submitted data (e.g., company descriptions, fuel usage info) remains your property, but you grant us a worldwide, royalty-free license to use, store, and process it to provide and improve the Service.

6. Disclaimers and No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not guarantee uninterrupted, error-free, or secure access; accurate hedging outcomes; or protection from market losses. Fuel hedging involves financial risk—past performance does not predict future results, and you use the Service at your own risk. Thicket is not a registered commodity trading advisor, broker-dealer, or investment advisor unless explicitly stated, and we make no recommendations or guarantees regarding specific hedging strategies.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THICKET SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, FUEL PRICE LOSSES, OR DATA LOSS), EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM (OR $1,000 IF NO PAYMENT). These limitations apply regardless of legal theory and do not limit liability for gross negligence, willful misconduct, or fraud.

8. Indemnification

You agree to indemnify, defend, and hold harmless Thicket, its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

9. Termination

We may suspend or terminate your access at any time for breach, suspected violation, or at our discretion. Upon termination, your right to use the Service ends immediately, but Sections 5–12 survive.

10. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Thicket shall first be resolved through binding arbitration in Houston, Texas, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and judgment on the award may be entered in any court having jurisdiction. You waive any right to a jury trial or to participate in a class action. This clause survives termination.

11. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. For any matters not subject to arbitration, exclusive jurisdiction lies in state or federal courts in Harris County, Texas.

12. Changes to Terms

We may update these Terms. Changes will be posted here with the new effective date. Continued use constitutes acceptance.

13. Miscellaneous

If any provision is unenforceable, the remainder remains in effect. No waiver of any breach constitutes a waiver of subsequent breaches. These Terms constitute the entire agreement.

14. Contact Us

Questions or notices: support@thicket.energy

Thicket Energy Houston, Texas