EnergyHub Terms of Use

Last updated: September 21, 2026

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SYSTEM.

BY ACCESSING AND USING THE SYSTEM OR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SYSTEM OR THE SERVICES AND EXIT NOW.

Important notice for Users using the Services for personal or household purposes: these Terms contain provisions requiring that you agree to the use of arbitration to resolve any disputes arising under the Terms rather than a jury trial or any other court proceedings, and to waive your participation in class action of any kind against EnergyHub.AGREEMENT TO TERMS

These Terms of Use (the “Terms”) form a legally binding contract between (i) you, if you are accessing or using the System on your own behalf, or (ii) the business or other legal entity on whose behalf you are accessing or using the System if applicable (in either case, referred to in these Terms, together with other users, as “you,” “your,” “User,” or “Users”) and EnergyHub Inc. (which we refer to in these Terms, together with our subsidiaries and affiliates, collectively as “EnergyHub,” or “we,” “us,” or “our”). If you access or use the System on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” and “your” refer to that entity. EnergyHub makes the System available to you directly or in certain circumstances, in connection with one or more of its suppliers, licensors, utility customers, thermostat, connected device or other strategic partners (collectively, “Partners”), subject to these Terms, which may be updated by EnergyHub from time to time without notice to you. You can review the most current version of the Terms at any time at http://www.energyhub.com/terms/. These Terms govern your use of the System. To the extent the System is provided to you by or on behalf of a Partner, such Partner is an intended third-party beneficiary of these Terms solely with respect to your use of the System provided by or on behalf of such Partner.

1. THE SYSTEM

We provide utilities and consumers with award-winning, consumer-facing, demand energy-management response products and related services. These products and services empower people to be energy efficient and change the way people think about their energy usage. These Terms are applicable to your use of our web-based services (the “Services”), whether you are accessing the Services via one of our websites at http://www.energyhub.com, https://greatergrid.com or other websites operated by EnergyHub, and/or that link to these Terms (together, the “Website”); the Website or any other content provided through the System (the “Content”); devices connected to the Services, including, without limitation, connected devices, electric vehicles, electric vehicle chargers, solar inverters, solar panels, batteries, water heaters, heat pumps, window air conditioners, pool pumps, and connected thermostats (the “Devices”); mobile applications operated by EnergyHub for itself, its digital properties, or on behalf of utilities or thermostat providers, including but not limited to GreaterGrid, (the “Mobile Apps”) and the Mercury platform, which interconnect the Website, the Mobile Apps, and the Devices; or through any other medium or device now known or hereafter developed. These Terms refer to the combination of products and services we provide, including the Services, Website, Content, Devices, Mobile Apps, the EnergyHub Platform (formerly the Mercury Platform), the LoadFlex Platform, and the Connected Savings Platform (collectively, the “Platforms”) and, collectively, the “System.”

Unless explicitly stated otherwise, any new features or content that augment or enhance the current System, including the release of new EnergyHub products, services, and websites, shall be subject to these Terms.

You do not have to register to use the Website or the Devices, but you must register with EnergyHub to use the broader functionality of the System, including the web- and mobile-enabled functionality. To register, you must provide EnergyHub with the information specified in the registration form (“Registration Data”). By registering, and in consideration for your use of the System, you represent and warrant that: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if EnergyHub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the System.

Your use of the System must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. By using the System, you represent and warrant that you have the right to provide the information you provide to us, including the consent of third parties when required.

If you have any questions as to how these Terms apply to you, please email us at legal@energyhub.net.

2. ACCESS TO INFORMATION

Use of the System may require access to certain information regarding your energy usage in connection with your Devices, such as billing and energy usage information. You agree to allow EnergyHub access to your billing and usage information from the energy service providers for the sole purpose of providing System services as defined herein. You further acknowledge and agree that even once you no longer participate in the System, EnergyHub may continue to access and use certain energy usage information, consistent with the consent you provide when registering for the System. For more information about how we use your information, see our Privacy Policy.

3. OUR PROPRIETARY RIGHTS

EnergyHub owns and retains, solely and exclusively, all rights, title, and interest in the System and all software (including source code and object code), Content, and documentation that is available through the System or that is used to provide the System (collectively, the “EnergyHub Materials”). The System and the EnergyHub Materials are protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. The System, the EnergyHub Materials, and all intellectual property in the System and the EnergyHub Materials belong to and are the property of EnergyHub (or its licensors, as applicable). Without limiting the preceding sentence, EnergyHub (or its licensors) owns and retains all copyrights in the Content, individual web pages, components of web pages, and collective works available through the System. Additionally, EnergyHub holds one or more issued or applied-for U.S. or foreign patents covering the System and its components and, without limiting any rights granted hereunder, owns and retains all rights in any component, material, or aspect of the System, including any improvements thereto, which are now or may hereafter be the subject of any issued or applied-for patent, whether in the U.S. or other jurisdiction.

Neither the System nor the EnergyHub Materials, nor any part of them, may be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the EnergyHub Materials or the System, in whole or in part, by any means, except as expressly authorized in writing by EnergyHub. The System and EnergyHub Materials are licensed, not sold, and you do not receive any right, title, or interest in them.

The System, the EnergyHub logo, the EnergyHub Mobile App icons, other EnergyHub trademarks and service marks, and other EnergyHub logos and product and service names are our trademarks (the “EnergyHub Marks”). The appearance, layout, color scheme, and design of the Website, the Mobile Apps, and the interface of the Devices are protected trade dress. All trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the System or in the Content are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other indicia from the System or Content without the prior written authorization of EnergyHub or the owner of such intellectual property.

4. LIMITED USE LICENSE TO THE SYSTEM

EnergyHub grants you a personal, non-transferable and non-exclusive right and license to access and use the System (including, with respect to any Mobile App, to download and install the Mobile App on a device that you own or control) and to view and download the Content solely for (i) your personal use, or (ii) if you are an employee or other authorized user of a utility or Device provider, the internal business use of such utility or Device provider, and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or access to the System or Content.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the System in a manner that sends more request messages to the EnergyHub servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to modify the System, or any part thereof, in any manner or form, nor to use modified versions of the System, Device, Content, or software, including (without limitation) for the purpose of obtaining unauthorized access to the System. You agree not to access the System by any means other than through the Website, the Mobile Apps, Devices or another interface that is provided by EnergyHub (or its suppliers, licensors, utility customers, thermostat, connected device or other strategic partners) expressly for the purpose of accessing the System.

You may not access our networks, computers, or the System in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment of the System. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with the System.

No commercial use or redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another web site must display the Content full-screen and not within a “frame” on the linked or other site.

5. LINKS TO OTHER MATERIALS

The Content and Services may link you to other web sites or information, software, data, or other material on or off the Internet, including linked click-through or other advertising, or through featured or sponsored sites. We are not responsible for the content on such sites. Your access to any other pages on other sites is at your own risk. The information, software, data, or other content (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.

EnergyHub has the right, in its sole discretion, to disable or remove any link or to terminate any linking program at any time. However, the selection or omission of links is not intended to endorse any particular companies or products. We do not recommend or endorse any specific content, services, products, procedures, opinions, or other information that may be mentioned on or connected by hyperlink to the System. If you decide to access any of the third-party sites linked through the System, you do so entirely at your own risk.

Similarly, content and services may have been provided to us by third parties and are not vetted or certified by us or the System. While we believe you will find the content and services useful, we cannot guarantee that the content and services will help you achieve the results you desire.

6. COMMUNICATIONS WITH YOU

EnergyHub Text Programs

We may contact you about the System using email or SMS messages (“EnergyHub Texts”), if you provide consent where required under applicable law. You can provide us with your consent to receive EnergyHub Texts in multiple ways, such as by opting in to receiving marketing texts from EnergyHub. We may offer multiple EnergyHub Text programs, and you may consent to more than one EnergyHub Text program. By consenting, you authorize us to use automated or non-automated technology to send EnergyHub Texts to the number associated with your consent. Consent to receiving marketing texts is not a condition of purchase.

You understand and agree that your registration for the System constitutes a purchase, inquiry or application under federal and state Do-Not-Call laws, and thus creates a business relationship between you and us. By virtue of our business relationship, neither the federal nor any state Do-Not-Call Registry precludes these communications. Our means of contact may include the use of automated messaging equipment.

We may send you an initial message confirming your enrollment in EnergyHub Texts, and you will receive recurring text messages. The specific number of texts may vary, depending on how you use the System. Message and data rates may apply to EnergyHub Texts.

EnergyHub Texts are supported on all U.S. carriers, though supported carriers may change at any time without notice. EnergyHub and the mobile carriers are not liable for delayed or undelivered messages.

To opt out of EnergyHub Texts from a specific phone number, text “STOP”, “UNSUBCRIBE” or any other instructed opt out command to that number. We are not responsible if you submit opt out commands that do not comply with this section. You must separately opt out of each number from which you have provided us with consent to receive EnergyHub Texts, and you must opt out from each text message program to which you have subscribed. Please note that we may not receive any messages sent to a number we no longer operate.

EnergyHub Emails

We may also send you emails associated with your use of the System or to market products or services that may be of interest to you. You may opt out of marketing emails you receive from us by selecting the “Unsubscribe” link in the footer of any marketing emails you receive from us, or changing your communications settings in your account. You understand and agree that the System may include certain communications from EnergyHub and our suppliers, licensors, utility customers, thermostat, connected device or other strategic partners, such as service announcements and administrative messages, and that you may not be able to opt out of receiving these communications.

7. SYSTEM FEATURE ACKNOWLEDGEMENTS

Devices may automatically download and install software, firmware and other updates. By registering, you agree to receive such updates.

8. REQUIRED CONNECTIVITY

Some portions of the System require a data connection between certain devices or systems on your property and our servers. You must provide this connection at your sole expense and responsibility. EnergyHub is not responsible for the availability of this connection or liable for any consequences that may result from the unavailability or quality of such connection and reserves the right to change the access configuration of its System at any time and without prior notice to you.

Some portions of the System may require a connection to your electric, water, gas, vehicle charging station, or other utilities (between you and us, you and the utilities, the utilities and us, or some combination of all three). We are not responsible for the availability of these connections or liable for any consequences that may result from the unavailability or quality of such connections.

9. RESTRICTIONS ON USE

You represent, warrant, and agree that you shall not use the System to:

1. upload, post, email, transmit or otherwise make available any content you provide to the System (each, a “Contribution”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, an EnergyHub employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contribution transmitted through the System;
5. upload, post, email, transmit or otherwise make available any Contribution that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Contribution that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise damage the property of another;
9. interfere with or disrupt the System, Services, or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System, including using any device, software or routine to bypass robot exclusion headers;
10. probe, scan, test the vulnerability of or breach the authentication measures of the System;
11. intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. “stalk” or otherwise harass another;
14. delete any author attributions, legal notices, or proprietary designations or labels in any Contributions;
15. use the System’s communication or other features in a manner that adversely affects the availability of its resources and functions to other Users;
16. delete or revise any Contribution made by another person or entity;
17. register or attempt to register, any party from use or access to the System or Services if you are not expressly authorized by such party to do so;
18. use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or other information or data from the System; and/or
19. collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs above.

Any violation of these restrictions or any attempt to obtain unauthorized access or to exceed authorized access to the System shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws.

EnergyHub will cooperate with local, state, federal, international and/or worldwide government authorities to protect the System and Services, visitors, customers, members, EnergyHub, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of the System.

10. SECURITY

Certain features of the System are designed to require Users to provide a username and password to access and use the System. Upon registering, you will receive a username and password. Certain other Content, features, or functionalities within the System may require additional access codes. Your username, password, and any other access codes assigned to you are, collectively, your “Credentials.”

You are solely responsible for (i) maintaining the strict confidentiality of your Credentials, (ii) not allowing another person to use your Credentials to access the System, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your Credentials. You agree to immediately notify EnergyHub of any unauthorized use of your Credentials or any other breach of security, and to ensure that you sign out from your account at the end of each session. Neither EnergyHub nor its utility customers, Device providers or other strategic partners are and none of them shall be liable for any harm arising from or relating to the theft of your Credentials, your disclosure of your Credentials, or the use of your Credentials by another person or entity.

11. CLAIMS OF INFRINGEMENT

EnergyHub respects the intellectual property of others. EnergyHub does not, however, independently confirm that all Contributions or Content made available through the System is provided by a valid rights holder. In the event that EnergyHub becomes aware that a Contribution or other Content published on or through the System has been provided by a person who is not a valid rights holder, EnergyHub may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Contribution or Content.

12. CHILDREN

The System can be used only by persons over 18 years of age. The System is not designed or intended to attract minors under the age of 18. We do not collect personally identifiable information from any person we actually know is under the age of 18.

13. TERMINATION

Your use of the System is subject to and expressly conditioned on your compliance with these Terms. If you fail to comply with the Terms or any other guidelines and rules published by EnergyHub or our strategic partners, your permission to use the System ends automatically. We may terminate and/or suspend your access to any portion of the System in our sole discretion without prior notice, or any notice. This suspension or termination may delete information, files and other previously available Content.

EnergyHub further reserves the right to terminate or suspend any User’s access to the System or to any portion of the System for any conduct that EnergyHub, in its sole discretion, believes is or may be directly or indirectly harmful to other Users, to EnergyHub or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. EnergyHub further reserves the right to terminate or suspend any User’s access to the System, or to terminate the System and/or Services in their entirety, for any reason or for no reason at all, in EnergyHub’s sole discretion, without prior notice, and with no liability to you.

EnergyHub may also suspend or terminate any User account for any of the System because of User inactivity. For example, an account may be terminated or suspended if a User fails to sign in to the System for an extended period of time. What is considered “User inactivity” varies and shall be in EnergyHub’s sole discretion. If your account is suspended or terminated for inactivity, your right to use the Services immediately ceases.

Upon termination, you shall immediately destroy any Content in your possession, if any, and cease use of the System. Further, the terms, conditions and warranties contained in these Terms that by their sense and context are intended to survive the completion of the performance, cancellation or termination of these Terms shall so survive. In addition, the terms of Sections 3, 10, 11, and 15 through 21 shall survive termination.

14. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify and hold EnergyHub, its parents, subsidiaries, affiliates, suppliers, licensors, utility customers, thermostat, connected device and other strategic partners and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including EnergyHub’s, its affiliates’, its suppliers’, licensors’, utility customers’, thermostat, connected device and other strategic partners’ reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms, and (2) your unauthorized or unlawful use of the System, Services, or Content, and (3) the unauthorized or unlawful use of the System by any other person using your Credentials, (4) any Contributions by you, and (5) any third-party actions related to or arising from your receipt or use of the System or any portion thereof, whether authorized or unauthorized under these Terms.

15. EXCLUSION OF WARRANTIES

THE SYSTEM AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ENERGYHUB AND ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE AND OTHER STRATEGIC PARTNERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SYSTEM AND/OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ENERGYHUB AND ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE AND OTHER STRATEGIC PARTNERS DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SYSTEM OR THROUGH ANY LINKS PROVIDED BY THE SYSTEM. ENERGYHUB AND ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE AND OTHER STRATEGIC PARTNERS SIMILARLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SYSTEM.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENERGYHUB AND ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE AND OTHER STRATEGIC PARTNERS DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE SYSTEM; OR (2) THE USE OF OR INABILITY TO USE THE SYSTEM; OR (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; OR (4) BREACHES OF SECURITY; OR (5) INFORMATION COMMUNICATED THROUGH MESSAGE BOARDS OR OTHER FORUMS; OR (6) ANY OTHER FAILURE TO PERFORM BY ENERGYHUB, ITS AFFILIATES, SUPPLIERS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE, OTHER STRATEGIC PARTNERS OR ENERGYHUB’S CONTENT PROVIDERS, OR LICENSORS. THE SYSTEM IS NOT INTENDED TO FUNCTION AS A DATA ARCHIVE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUP COPIES OF YOUR INFORMATION, INCLUDING ENERGY USAGE DATA.

NEITHER WE NOR ANY OF OUR LICENSORS, AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE OR OTHER STRATEGIC PARTNERS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS. THE SYSTEM WAS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS, AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE OR OTHER STRATEGIC PARTNERS MAKE ANY REPRESENTATION CONCERNING THE SYSTEM WHEN USED IN ANY OTHER COUNTRY.

ENERGYHUB AND ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE AND OTHER STRATEGIC PARTNERS DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SYSTEM OR SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ENERGYHUB AND ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE AND OTHER STRATEGIC PARTNERS MAKE NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY DATA STORAGE FACILITIES OFFERED BY ENERGYHUB, ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE OR OTHER STRATEGIC PARTNERS.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ENERGYHUB OR ITS LICENSORS, AFFILIATES, SUPPLIERS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE OR OTHER STRATEGIC PARTNERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF, OR RELIANCE ON THE SYSTEM OR SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ENERGYHUB OR ITS LICENSORS, AFFILIATES, SUPPLIERS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE OR OTHER STRATEGIC PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, AND THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY SUCH DATA OR INTANGIBLE LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SYSTEM OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THESE LIMITATIONS OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SYSTEM OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SYSTEM OR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SYSTEM OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SYSTEM OR SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SYSTEM OR SERVICES OR THE ENERGYHUB NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL ENERGYHUB OR ITS LICENSORS, AFFILIATES, SUPPLIERS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE OR OTHER STRATEGIC PARTNERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

IF, NOTWITHSTANDING THESE LIMITATIONS OF LIABILITY, ENERGYHUB OR ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE OR OTHER STRATEGIC PARTNERS ARE DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE TO YOU IN ANY WAY, IN NO EVENT SHALL THEIR COLLECTIVE LIABILITY EXCEED THE GREATER OF (A) THE FEES YOU HAVE PAID TO ENERGYHUB, ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE OR OTHER STRATEGIC PARTNERS (AS APPLICABLE) RELATING TO THE SYSTEM DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). YOU AND ENERGYHUB, ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE AND OTHER STRATEGIC PARTNERS AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND ENERGYHUB, ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE AND OTHER STRATEGIC PARTNERS. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, ENERGYHUB, ITS AFFILIATES, SUPPLIERS, LICENSORS, UTILITY CUSTOMERS, THERMOSTAT, CONNECTED DEVICE AND OTHER STRATEGIC PARTNERS WOULD NOT PROVIDE THE SYSTEM OR SERVICES TO YOU.

17. DISPUTES.

Informal Dispute Resolution. If there is an instance when you have a concern that needs special attention, EnergyHub is committed to working with you to reach a reasonable resolution. However, we can only do this if we know about it. Therefore, for any concern you may have related to this Agreement you agree to first send a written description of it to support@energyhub.com so we have an opportunity to address it. You further agree to work with EnergyHub in good faith to resolve the concern. We believe this should lead to resolution. However, if for some reason the concern is not resolved satisfactorily within sixty (60) days after we receive your email, and all necessary information, you agree to the further dispute resolution provisions below.

Users Using the Service for Personal Use. All Users that use the Services for personal or household purposes are subject to the terms of Schedule A to the  Agreement, including, with limited exceptions, the binding arbitration requirements and class action waiver described in Schedule A. Please read Schedule A – it may significantly affect your legal rights, including your right to file a lawsuit in court. Some jurisdictions do not allow binding arbitration or the disclaimer of class action rights. Accordingly, some of the terms in Schedule A may not apply to you or be enforceable with respect to you

Business Users. For Users that use the Services for business purposes, and to the extent not otherwise governed by a separate signed written agreement between EnergyHub and such User, all disputes will be heard by a court of competent jurisdiction in the State of New York, and User hereby consents to personal jurisdiction and venue in, and agrees to service of process issued or authorized by, such courts with respect to such disputes.

18. LICENSED CONTENT

Certain Content is licensed from third parties. The licenses for some of this Content may contain additional terms to which you may be subject in order to access and use such Content.

19. NOTICES

EnergyHub may deliver notice to you by means of electronic mail to the e-mail address on record in EnergyHub’s account information, or by a general notice on the System, or by written communication delivered by first class U.S. mail to your address on record in EnergyHub’s account information. You may give notice to EnergyHub at any time via electronic mail to  legal@energyhub.net or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

EnergyHub, Inc. 41 Flatbush Avenue, Suite 400A, Brooklyn, NY 11217
Attn: Legal Department Electronic Mail:   legal@energyhub.net

When you use the System or send e-mails to EnergyHub, you are communicating electronically. If you communicate with EnergyHub electronically, you consent to receive communications from EnergyHub electronically. We will communicate with you by e-mail or through the System. You agree that all agreements, notices, disclosures and other communications that EnergyHub provides to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by EnergyHub electronically are deemed to be given and received on the date transmitted.

20. CHANGES TO THESE TERMS

EnergyHub may update these Terms at any time. If we make changes, we will post the revised Terms with a new ‘last updated’ date. Material changes will take effect after reasonable advance notice. Your continued use of the System after any update constitutes your acceptance of the revised Terms. You can review the most current version of the Terms at any time at http://www.energyhub.com/terms/.

GENERAL LEGAL TERMS

Assignment: EnergyHub may assign these Terms, in whole or in part, in its sole discretion. You may not assign your rights under these Terms without EnergyHub’s prior written permission, which it may withhold in its sole discretion. Any attempt to assign your rights under these Terms without EnergyHub’s permission shall be void

Entire Agreement: These Terms, any program-related terms accepted by you, the Privacy Policy, and other policies EnergyHub may post on the System constitute the entire agreement between EnergyHub and you in connection with your use of the System, Services, or Content, and supersedes any prior agreements between EnergyHub and you regarding use of Systems, Services, or Content, including prior versions of these Terms. If there is any conflict between this Agreement and a signed, written agreement between you and us related to the System, the signed, written agreement will control.

Third-Party Beneficiaries: Our Partners may be third-party beneficiaries to these Terms pursuant to our agreements with them. To the extent our licensors and/or strategic partners are third-party beneficiaries to these Terms, the rights and protections provided to us hereunder inure to their benefit. Except as otherwise expressly stated herein, there are no other third-party beneficiaries to this Agreement.

No Agency Relationship: Neither the Terms, the Privacy Policy, or any other policies EnergyHub may post on the System create any partnership, joint venture, employment, or other agency relationship between EnergyHub and you. You may not enter into any contract on our behalf or bind us in any way.

Force Majeure: Under no circumstances shall EnergyHub, its affiliates, suppliers, licensors, utility customers, thermostat, connected device or other strategic partners be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Official Language: If we provide you with a translation of the English language version of this Agreement, the English language version of this Agreement will control if there is any conflict. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.

Injunctive Relief: Nothing in this Agreement limits either party’s ability to seek equitable relief. Furthermore, you agree that any violation, or threatened violation, by you of these Terms will cause EnergyHub irreparable and unquantifiable harm and agree that monetary damages would be inadequate for such harm. As such, you consent to EnergyHub obtaining injunctive or equitable relief as EnergyHub deems necessary and appropriate. Such remedy is in addition to any other remedies available to EnergyHub at law or in equity.

Limitation on Time to Bring Claims: YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SYSTEM, SERVICES, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

21. MOBILE APP TERMS.

If you download, access, or use the Mobile App through a third-party app store, platform, or marketplace, your use of the Mobile App is subject to the additional terms set forth below, as applicable, in addition to the other terms and conditions of these Terms.

Updates. EnergyHub may from time to time provide updates, upgrades, bug fixes, patches, modifications, or other changes to a Mobile App (collectively, “Updates”). Depending on your device settings and the applicable App Store, Updates may be downloaded and installed automatically or may require you to download and install them. You acknowledge that failure to install an Update may affect the availability, functionality, performance, or security of the Mobile App. Unless otherwise expressly stated, all Updates are part of the Mobile App and subject to these Terms.

Device Features and Permissions. Certain features of a Mobile App may require access to features or functionality of your device or permission to send you notifications. You may control certain permissions through your device settings, but disabling such permissions may limit the availability or functionality of certain features of the Mobile App.

Apple/iOS Terms.  You acknowledge and agree that (i) these Terms are binding between you and EnergyHub only, and Apple is not a party hereto, and (ii) as between EnergyHub and Apple, it is EnergyHub that is responsible for the Mobile App and the content thereof. You must use the iOS version of the Mobile App only on an Apple-branded product that runs iOS. Your use of the iOS version of the application must comply with the terms of use applicable to the Apple source from which you obtain it (including the “Usage Rules” set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the Mobile App.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the application or your possession and use of the application, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the application infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the Mobile to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the Mobile App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and, as between Apple and Company, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be EnergyHub’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit EnergyHub’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

Other App Store Terms. If our Mobile App is downloaded from any other store, platform, or marketplace, you acknowledge that you have read, understood, and agree to the customer terms of use of such stores, platforms, and marketplace. EnergyHub is the licensor of the Mobile App and the provider of the Services, and any third party (e.g., operator of the store, platform, marketplace) is not a party to these Terms. 

Schedule A

Binding Arbitration and Class Action Waiver

This Schedule A applies to all Users who use the Services for personal or household purposes, as described in Section 18 of the Terms of Use. If you use the Services on behalf of a utility, Device provider, or other business, this Schedule A does not apply to you.

BY AGREEING TO THESE TERMS, YOU AND ENERGYHUB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

1. Agreement to Arbitrate

Following completion of the informal dispute resolution process described in Section 18, any Dispute that remains unresolved will be resolved through final and binding arbitration on an individual basis, except that either party may bring an individual action in small claims court if the claim qualifies. “Dispute” means any dispute, claim, or controversy between you and EnergyHub arising out of or relating to these Terms or your use of the System or Services, including any dispute over the formation, enforceability, or applicability of this arbitration agreement. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, and will survive termination of these Terms or your account.

This arbitration agreement governs Disputes between you and EnergyHub arising from your use of the System, including the Greater Grid app and platform. If you also participate in a utility demand response or other program with separate terms and conditions, any dispute specifically regarding that program is governed by the utility’s terms and conditions, not this Schedule A.

2. Arbitration Rules and Administrator

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on an alternative administrator, or a court of competent jurisdiction will appoint one. The arbitrator will have the authority to grant any remedy that would be available in court under applicable law, subject to the limitations in these Terms. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply the substantive laws of the State of New York, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs all matters relating to arbitration.

3. Fees

Fees for any arbitration will be allocated between you and EnergyHub in accordance with the AAA Consumer Arbitration Rules then in effect. Each party bears its own attorneys’ fees unless the arbitrator finds that a party’s claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys’ fees to the other party.

4. Class Action and Collective Relief Waiver

All Disputes must be brought in the parties’ individual capacities and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class, collective, or representative proceeding. If this waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief will be severed and proceed in court as provided in Section 5 below, and the remaining claims will continue in arbitration.

5. Jurisdiction for Non-Arbitrable Claims

Any claim that is determined to be non-arbitrable, including any dispute regarding the enforceability of the class action waiver in Section 4, will be resolved exclusively in the federal or state courts located in New York, New York. Both parties consent to personal jurisdiction and venue in those courts for that purpose.

6. Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@energyhub.net within 30 days of your first use of the System. The notice must include your name and email address associated with your account, and a clear statement that you are opting out of arbitration. If you opt out, all other provisions of these Terms remain in full effect. Opting out will not affect any other arbitration agreement you may have with EnergyHub.