1. Definitions
As used in this Agreement, the following terms have the meanings set forth below:
"PACC Services LLC" or "PACC" means PACC Services LLC, a limited liability company, the owner and operator of the PACC TRAC platform.
"Platform" means the PACC TRAC software platform, including all features, modules, data, interfaces, and functionality accessible at pacctrac.com and any related domains.
"User" means any individual or entity authorized by PACC to access the Platform, including PACC staff, Facility Operator personnel, and Customer representatives.
"Facility Operator" means any authorized hydrogen production or processing facility and its authorized personnel accessing the Platform in connection with hydrogen operations at a facility location designated by PACC. The Platform may serve multiple Facility Operators across different locations, and each Facility Operator's access is scoped to their designated facility only.
"Customer" means any entity that purchases hydrogen through PACC's platform and whose personnel are granted limited access to the Customer Portal module.
"Platform Data" means all data, records, transactions, logs, documents, and information entered into, generated by, processed through, or stored on the Platform, regardless of who entered such data.
"Credentials" means the username, password, and any other authentication information used to access the Platform.
"Supply Agreement" means any hydrogen supply agreement, master service agreement, or other commercial contract executed separately between PACC and a Customer or Facility Operator governing the terms of hydrogen supply, pricing, measurement, and delivery obligations.
2. Access and Authorization
2.1 Authorized Use Only
Access to the Platform is restricted to individuals expressly authorized by PACC. Unauthorized access to the Platform is strictly prohibited. User accounts are non-transferable and may not be shared with any third party.
2.2 Account Security
Each User is responsible for maintaining the confidentiality of their Credentials and for all activity conducted under their account. Users must notify PACC immediately upon discovery of any unauthorized access or suspected compromise of their Credentials. PACC reserves the right to suspend or terminate any account at its sole discretion.
2.3 Role-Based Access
The Platform provides differentiated access levels based on User role:
- PACC Staff: Full access to all Platform modules.
- Facility Operators: Access limited to operational modules designated by PACC for their facility. Specific module access may vary by facility and role as determined by PACC.
- Customers: Limited, read-only access to the Customer Portal solely for the purpose of viewing the status of their hydrogen orders, scoped to their designated account(s).
PACC reserves the right to modify access levels at any time without notice.
2.4 Multi-Facility Scope
PACC may operate the Platform across multiple facility locations and hydrogen producers. Each User's access is scoped exclusively to the facility or account(s) designated by PACC. Users have no right to access data or records associated with other facilities, operators, or customers beyond their authorized scope.
3. Platform Data Ownership
3.1 PACC Owns All Platform Data
All Platform Data — including without limitation order records, fill logs, delivery tickets, customer information, yard map data, and any other information processed through the Platform — is and shall remain the exclusive property of PACC Services LLC, regardless of which User entered or generated such data.
3.2 No User Data Rights
Users acknowledge that their use of the Platform does not confer any ownership, license, or other rights in or to Platform Data. Upon termination of a User's access, PACC retains all Platform Data and has no obligation to provide copies of such data to the former User.
3.3 Facility Operator Data
Data entered by Facility Operator personnel in connection with hydrogen operations, including prefill inspection records, fill logs, QA inspection results, and delivery ticket information, constitutes Platform Data and is owned exclusively by PACC. Facility Operator's use of the Platform constitutes acknowledgment and acceptance of this provision.
3.4 Customer Data
Customer order information entered into the Platform by PACC staff on behalf of Customers constitutes Platform Data. Customers acknowledge that such data is processed and stored by PACC and that Customer's access to such data through the Customer Portal is a service provided at PACC's discretion.
4. Relationship to Supply Agreements
4.1 Supply Agreement Governs Commercial Terms
This Agreement governs the use of the PACC TRAC platform only. All commercial terms, obligations, and rights relating to the supply of hydrogen — including without limitation pricing, volume commitments, measurement methodology, billing, invoicing, and dispute resolution — are governed exclusively by the applicable Supply Agreement executed between PACC and the relevant Customer or Facility Operator.
4.2 Platform Documents Do Not Create Obligations
Order confirmations, delivery tickets, fill logs, status notifications, and any other documents or communications generated by or through the Platform are operational records only. No Platform-generated document shall be construed as:
- A binding commitment by PACC to fulfill any order in any particular volume, grade, or timeframe beyond what is expressly agreed in the applicable Supply Agreement;
- A final or binding measurement of hydrogen volume delivered for billing or invoicing purposes;
- A waiver of any right or remedy available to PACC under a Supply Agreement;
- An amendment or modification of any Supply Agreement.
4.3 Measurement and Billing
Volume and pressure data recorded on delivery tickets and fill logs through the Platform are operational estimates recorded in the field. Final measurement, billing quantities, and invoicing shall be determined in accordance with the applicable Supply Agreement. In the event of any discrepancy between Platform records and Supply Agreement terms, the Supply Agreement shall govern.
4.4 Order Confirmations
Automated order confirmation notifications generated by the Platform upon order entry acknowledge receipt of order information into the Platform only. They do not constitute acceptance of an order or a guarantee of fulfillment.
4.5 Conflict
In the event of any conflict or inconsistency between this Agreement and a Supply Agreement, the Supply Agreement shall prevail with respect to all commercial terms, and this Agreement shall prevail with respect to all matters relating to Platform use and data ownership.
5. Intellectual Property
5.1 Platform Ownership
The Platform, including all software, code, design, architecture, workflows, processes, algorithms, interfaces, documentation, and all derivative works thereof, is the proprietary intellectual property of PACC Services LLC. Nothing in this Agreement transfers any intellectual property rights in the Platform to any User.
5.2 No Reverse Engineering
Users may not copy, reproduce, modify, decompile, disassemble, reverse engineer, or create derivative works based on the Platform or any component thereof.
5.3 Proprietary Nature
The Platform represents a proprietary commercial solution developed by PACC Services LLC for hydrogen logistics management. Users acknowledge that the Platform constitutes valuable trade secret and proprietary information of PACC and agree to take all reasonable steps to protect such information from unauthorized disclosure or use.
6. Confidentiality
6.1 Confidential Information
Users acknowledge that all information accessed through the Platform, including Platform Data, customer information, pricing, operational data, and business processes, constitutes confidential and proprietary information of PACC ("Confidential Information").
6.2 Non-Disclosure Obligations
Users agree to:
- Hold all Confidential Information in strict confidence;
- Not disclose Confidential Information to any third party without PACC's prior written consent;
- Use Confidential Information solely for the purpose of performing authorized functions within the Platform;
- Promptly notify PACC of any actual or suspected unauthorized disclosure of Confidential Information.
6.3 Survival
Confidentiality obligations under this Section shall survive termination of this Agreement and a User's access to the Platform indefinitely.
7. Acceptable Use
Users agree to use the Platform only for its intended purpose in connection with authorized hydrogen logistics operations. Users may not:
- Access the Platform for any purpose other than legitimate business operations authorized by PACC;
- Share login credentials with any other person or entity;
- Introduce malware, viruses, or any malicious code into the Platform;
- Attempt to gain unauthorized access to any part of the Platform or its underlying infrastructure;
- Use the Platform to store or transmit information that is unlawful, defamatory, or in violation of any third-party rights;
- Interfere with or disrupt the integrity or performance of the Platform;
- Scrape, harvest, or systematically extract data from the Platform;
- Use data obtained from the Platform for competitive intelligence purposes or to benefit any competitor of PACC.
8. Limitation of Liability
8.1 Platform Availability
PACC provides the Platform on an "as is" and "as available" basis. PACC does not warrant that the Platform will be uninterrupted, error-free, or free from security vulnerabilities. PACC shall not be liable for any loss or damage arising from Platform downtime, data loss, or service interruptions.
8.2 Data Accuracy
PACC is not responsible for errors or inaccuracies in Platform Data resulting from incorrect information entered by Users. Each User is responsible for the accuracy of data they enter into the Platform.
8.3 Limitation on Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PACC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO A USER'S USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF PACC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Termination and Suspension
PACC reserves the right to suspend or terminate any User's access to the Platform at any time, with or without cause, and with or without notice. Upon termination:
- The User's right to access the Platform immediately ceases;
- All Confidentiality and data ownership obligations survive;
- PACC retains all Platform Data;
- PACC has no obligation to export or provide Platform Data to the terminated User.
10. Modifications to This Agreement
PACC reserves the right to modify this Agreement at any time. Updated terms will be presented to Users upon next login and will require re-acceptance before continued use of the Platform. Continued use of the Platform following acceptance of any modification constitutes agreement to the revised terms.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Contra Costa County, California.
12. Entire Agreement
This Agreement constitutes the entire agreement between PACC and each User with respect to Platform use and data ownership. It does not supersede or replace any Supply Agreement between PACC and a Customer or Facility Operator, which shall remain in full force and effect according to its terms.
13. Contact Information
Questions regarding this Agreement should be directed to: