Terms of Service

Terms and Conditions of Use (“Terms & Conditions”) 

FlexEnergi LLC (“FlexEnergi,” “we,” “us,” or “our”) provides technology platforms and services to support distributed energy resource (“DER”) participation, including demand response, virtual power plant (“VPP”) operations, and related applications. These offerings may include: (1) mobile and web applications (“Apps”), and (2) FlexEnergi user accounts, portals, program enrollment tools, and related services made available to you through mobile devices, web interfaces, or other technologies (collectively, the “Services”). Together, the Apps and Services are referred to as “FlexEnergi.” 

FlexEnergi’s Services may be used by residential and commercial customers who participate in utility programs, energy market initiatives, or other distributed energy management offerings supported by FlexEnergi. 

These Terms & Conditions govern your (“you” or “your”) use of FlexEnergi. These Terms & Conditions give you specific legal rights, and you may also have other legal rights, which vary by jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so certain provisions of these Terms & Conditions may not apply to you. 

THIS IS A LEGAL AGREEMENT. BY USING FLEXENERGI, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU ALSO REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OF RESIDENCE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU MUST CEASE USING FLEXENERGI. 

We reserve the right to change these Terms & Conditions at any time. Your continued use of FlexEnergi following notice of changes will constitute your acceptance of such changes. When we make updates, we will notify you through reasonable means such as email, notices within the Apps, or updates to our websites. If you have any questions regarding these Terms & Conditions, you can contact FlexEnergi using the details provided at the end of this document. 


1. Service
(a) Account 

To use the Services, you must register for a user account (“Account”) and provide certain information about yourself (or your organization, if applicable) as prompted by the registration form. You represent and warrant that: 

  1. All required registration information you submit is truthful and accurate; 
  2. You will maintain the accuracy of such information; and 
  3. Your use of the Services does not violate any applicable U.S. or international law or regulation (for example, you are not located in an embargoed country or listed as a prohibited or restricted party under applicable export control laws). 


You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. 

(i) Account Activation & Duration 

Your FlexEnergi Account begins once you accept these Terms & Conditions online or via a supported device and complete the signup process. These Terms & Conditions remain in effect until you or FlexEnergi terminate your Account. Upon termination, you will no longer have access to the Services unless and until you create a new Account or reactivate your previous Account and accept the then-current Terms & Conditions 

(ii) Your Right to Terminate 

You may terminate your Account at any time via the App, web portal, or by contacting FlexEnergi directly. 

(iii) Our Right to Terminate 

We may suspend or terminate your Account, with or without cause, at any time and without prior notice. This includes the right to cease providing Services entirely at our discretion. For example, we may terminate your Account immediately if you breach these Terms & Conditions, interfere with FlexEnergi’s operations, misuse the Services, or use your Account for illegal or improper purposes. We also reserve the right, at our sole discretion, to stop offering FlexEnergi Services at any time without incurring any liability to you. 

(b) Access and Use of the Service 

Subject to these Terms & Conditions, FlexEnergi grants you a non-exclusive, revocable, limited, non-transferable, and non-sublicensable right to access and use the Services. Access may be provided through mobile applications (downloadable via the Apple App Store or Google Play), web portals, or other interfaces that FlexEnergi makes available to residential and commercial users. 

The Services may include materials provided by FlexEnergi or third-party licensors, including but not limited to text, graphics, articles, photographs, videos, images, illustrations, dashboards, and program-related content. All such materials are protected by intellectual property and other applicable laws. 

Any rights not expressly granted to you under these Terms & Conditions are reserved by FlexEnergi and its licensors. 

(c) Ownership and Intellectual Property 

(i) FlexEnergi Property 

You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the FlexEnergi Services are owned by FlexEnergi or our licensors. Your possession, access, and use of the Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited license expressly granted in these Terms & Conditions. FlexEnergi and its licensors reserve all rights not granted in these Terms & Conditions. 

(ii) Feedback 

You may choose to, or FlexEnergi may invite you to, submit comments, suggestions, or ideas about the Services, including how to improve them (“Feedback”). By submitting any Feedback, you agree that: 

  • Your submissions are voluntary, unsolicited, and without restriction. 
  • FlexEnergi has no fiduciary or other obligation to you with respect to such Feedback. 
  • FlexEnergi may use, copy, modify, publish, or redistribute the Feedback and its contents for any purpose, in any way, without compensation to you. 


You hereby grant FlexEnergi a nonexclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable, and transferable right to incorporate, disclose, access, display, or use your Feedback (including all related intellectual property rights) for any purpose. You also agree that FlexEnergi does not waive any rights to use similar or related ideas previously known to FlexEnergi, developed by its employees, or obtained from other sources. Feedback is deemed provided on a non-proprietary and non-confidential basis. 

(iii) Customer Data 

All data provided by you or collected through your participation in FlexEnergi Services (including but not limited to device data, energy usage, billing, program participation, or telematics data), remains your property (“Customer Data”). 

By using the Services, you grant FlexEnergi a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, process, store, transmit, display, and distribute Customer Data as necessary to: 

  • Operate, maintain, and improve the Services; 
  • Support demand response, DER, and VPP program operations; 
  • Perform compliance reporting and verification for utilities, regulators, or market operators; and 
  • Conduct analytics, research, and product development. 


FlexEnergi may also create aggregated, anonymized, or de-identified datasets derived from Customer Data. Such datasets will not identify you personally and may be used by FlexEnergi for any lawful purpose, including analytics, benchmarking, reporting, and commercial purposes. 

Please review our Privacy Policy for more details about FlexEnergi’s practices regarding the collection, use, and sharing of Customer Data. 

(iv) Compliance With Applicable Laws 

Data protection and privacy laws in your jurisdiction may impose responsibilities on you related to your use of the Services. You agree that you (and not FlexEnergi) are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations. 

(v) Regulatory Disclosure 

You agree that FlexEnergi may submit your Customer Data to applicable utilities, regulatory authorities, or government organizations for the purposes of program verification, compliance reporting, or participation in market or credit systems (such as low-carbon fuel standard (“LCFS”) credits, renewable energy credits, capacity markets, or similar programs). Such submissions will be made solely to the extent necessary to operate or support the relevant program. 

(d) Certain Restrictions 

The rights granted to you under these Terms & Conditions are subject to the following restrictions. You agree that you will not: 

  1. Commercial Misuse – License, sell, rent, lease, distribute, host, or otherwise commercially exploit the Services without FlexEnergi’s prior written consent. 
  2. Tampering – Modify, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services. 
  3. Competition / Unauthorized Sharing – Access the Services in order to build a similar or competitive service, or make the Services available to third parties without FlexEnergi’s authorization. 
  4. Unauthorized Copying – Except as expressly permitted herein, copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means any part of the Services. 
  5. Malicious Software – Upload, transmit, or distribute viruses, worms, or other software intended to damage, interfere with, or alter the Services. 
  6. Interference – Interfere with, disrupt, or attempt to gain unauthorized access to the servers, networks, or systems connected to the Services, or violate the regulations, policies, or procedures of such networks. 
  7. Improper Access – Access (or attempt to access) the Services through any means other than the official interfaces provided by FlexEnergi. 
  8. Removal of Notices – Remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) contained in or displayed with the Services. 
  9. Unauthorized Data Collection – Collect, harvest, or scrape any personally identifiable information or account information from the Services, or use communication systems provided by the Services for unauthorized commercial solicitation. 
  10. Automated Access – Use automated means, including spiders, robots, crawlers, or data mining tools, to access or extract data from the Services without FlexEnergi’s consent. 
  11. Spam / Misuse – Use any portion of the Services as a destination for, or in connection with, unsolicited bulk messages, spam, or unsolicited commercial communications. 
  12. Device & Program Integrity – Tamper with, bypass, disable, or otherwise interfere with any distributed energy resource (DER) devices, meters, software, or program participation mechanisms used in connection with FlexEnergi Services. This includes any attempt to falsify, manipulate, or interfere with energy usage, load-shed events, or program data reporting. 
  13. Improper Purpose – Use the Services for any purpose other than their intended lawful purpose. 


Enforcement: Any violation of these restrictions may result in immediate suspension or termination of your Account and/or program participation, at FlexEnergi’s sole discretion, in addition to any other legal remedies available. 

Any future release, update, or addition to the functionality of the Services will also be subject to these Terms & Conditions. 

(e) Security 

FlexEnergi uses industry-standard administrative, technical, and organizational measures designed to protect the integrity and security of your personal information and program-related data. However, no method of transmission over the internet or electronic storage is completely secure, and FlexEnergi cannot guarantee that unauthorized third parties will never be able to defeat our security measures or improperly use your information. You acknowledge that you provide your personal information at your own risk. 

(f) Modification 

FlexEnergi reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue the Services, or any part thereof, with or without notice. You agree that FlexEnergi will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any portion thereof.

(g) Agreed Usage and Limitations of Service 

(i) Intended Use of Services 

While FlexEnergi aims for the Services to be reliable and available, they are not intended to be available 100% of the time. The Services are subject to interruptions and failures for reasons beyond FlexEnergi’s control, including internet connectivity, device or meter outages, third-party system changes, mobile notifications, carrier limitations, utility or market operator delays, and other factors. You acknowledge these limitations and, subject to Section 2 (Warranty Disclaimer) and to the extent permitted by applicable law, agree that FlexEnergi is not responsible for any damages caused by the failure or delay of the Services to provide current status, program participation data, or notifications. 

(ii) Reliability of Information 

You acknowledge that the Services, including remote access and program information, are not intended to be 100% reliable or available. FlexEnergi cannot and does not guarantee that you will receive information within a specific timeframe or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE-SAFETY OR CRITICAL PURPOSES. INFORMATION PROVIDED BY FLEXENERGI IS FOR INFORMATIONAL PURPOSES ONLY. 

(iii) Temporary Suspension 

The Services may be suspended temporarily without notice for reasons including, but not limited to, security issues, system failures, maintenance, repairs, utility requests, or market operator requirements. Subject to Section 2 (Warranty Disclaimer) and to the extent permitted by applicable law, you agree that you are not entitled to any refund, rebate, or other compensation for such suspensions. FlexEnergi does not offer any uptime guarantee for the Services. 

(iv) System Requirements 

The Services may not be accessible without certain required system elements, which may include: 

  1. An active Account; 
  2. Supported mobile devices, web browsers, or portals; 
  3. Credentials and access for applicable DERs, devices, or utility accounts; and 
  4. Any additional system elements that FlexEnergi may specify from time to time. 


It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not function as described when these requirements are not met. 

(v) Cost Savings and Benefits 

FlexEnergi does not guarantee or promise any specific level of cost savings, financial benefits, or performance outcomes from your use of the Services. Actual results vary based on factors outside FlexEnergi’s control or knowledge, including device usage, utility rates, customer behavior, program rules, and energy market conditions. From time to time, FlexEnergi may provide insights, recommendations, or opportunities based on our analysis of your data. These recommendations are provided for informational purposes only and are not a guarantee of actual results. You agree not to seek monetary or other remedies from FlexEnergi if your results differ from any projections. 

(vi) Environmental and Energy Estimates 

FlexEnergi does not guarantee or promise the accuracy of estimates related to greenhouse gas emissions, renewable energy impacts, load reduction values, or other environmental or energy-related metrics. Such estimates are based on third-party data, utility or market assumptions, and other variables that may change over time. 

(vii) Program Event Participation and Incentives 

FlexEnergi does not guarantee: 

  • Your enrollment or continued participation in any utility, regulatory, or market program; 
  • The availability, dispatch, or success of any demand response or VPP event; or 
  • The payment levels of any rebates, incentives, credits, or other benefits by utilities, market operators, or third parties other than what has been detailed in the program’s Terms and Conditions. 

Participation in such programs is subject to the terms, conditions, and performance requirements of the applicable utility, regulatory body, or market operator. FlexEnergi is not liable for any failure by third parties to provide incentives or recognize your participation. 

(h) Limitations of the Service Due to Third Parties 

(i) General 

The Services rely on and/or interoperate with third-party products, services, and platforms. These third parties are beyond FlexEnergi’s control, but their operation may impact or be impacted by your use of the Services. Accordingly, you acknowledge that the operation and availability of third-party services may affect the use and reliability of the Services. 

(ii) Third-Party Service Providers Used by FlexEnergi 

You acknowledge that FlexEnergi uses third-party service providers to enable aspects of the Services, such as (but not limited to) cloud hosting, data storage, synchronization, communication, and analytics. Examples include Microsoft Azure, Amazon Web Services, and other infrastructure or platform providers, as well as mobile operating system vendors and mobile carriers. Their operation may affect the performance, availability, or reliability of the Services. 

(iii) Device and Platform Dependencies 

You acknowledge that the availability and functionality of the Services may depend on your devices (such as smart thermostats, EV chargers, batteries, or other DERs) and/or their associated connected applications or platforms (“Device Apps”). You are solely responsible for: 

  1. All fees charged by Device Apps or manufacturers in connection with your use of the Services; and 
  2. Compliance with all applicable agreements, terms of service, and policies of such Device Apps and platforms. 


FlexEnergi does not guarantee compatibility with any specific device, platform, or connected application. 

(iv) App Stores 

You acknowledge and agree that the availability of the Apps depends on third-party websites and app stores from which you download them (e.g., Apple App Store or Google Play Store). These Terms & Conditions are between you and FlexEnergi, not with any App Store. Each App Store may have its own terms and conditions that you must agree to before downloading or using the Apps. You agree to comply with those App Store terms and conditions, and your license to use the Apps is conditioned upon such compliance. To the extent those App Store terms are less restrictive than, or conflict with, these Terms & Conditions, the more restrictive or conflicting terms in these Terms & Conditions will apply. 

(i) Trademarks 

“FlexEnergi,” the FlexEnergi logo, and any other product or service name, slogan, or branding displayed through the Services are trademarks of FlexEnergi LLC or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FlexEnergi or the applicable trademark holder. 

You may not use any metatags, search keywords, or other “hidden text” using “FlexEnergi” or any other name, trademark, or product or service name of FlexEnergi without our prior written permission. 

In addition, the look and feel of the Services – including but not limited to page headers, custom graphics, button icons, and scripts- constitute the service mark, trademark, and/or trade dress of FlexEnergi and may not be copied, imitated, or used, in whole or in part, without our prior written permission. 

All other trademarks, registered trademarks, product or service names, and logos displayed through the Services are the property of their respective owners. 

No Rights Implied: Nothing in these Terms & Conditions or in your use of the Services grants you any license or right to use any of FlexEnergi’s trademarks, logos, or trade dress except as expressly authorized by FlexEnergi in writing. 

(j) Copyright Policy 

FlexEnergi respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. 

If you believe that your copyrighted materials have been copied, used, or made available through the Services in a way that constitutes copyright infringement, please provide us with a written notice that includes the following information: 

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 
  2. Identification of the copyrighted work claimed to have been infringed; 
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to allow us to locate the material; 
  4. Your contact information, including your address, telephone number, and email address; 
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 
  6. A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 


FlexEnergi reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We may also notify you if we receive a third-party notice claiming that your user content infringes their rights. 

Copyright Agent Contact: 
Email: legal@flexenergi.com

(k) Hyperlinks 

You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to FlexEnergi’s websites or Services, provided that such link does not portray FlexEnergi or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult, illegal, offensive, harassing, or otherwise objectionable material. This limited right may be revoked at any time at FlexEnergi’s discretion. 

You may not use any FlexEnergi logo, trademark, or other proprietary graphic to link to the Services without the express prior written permission of FlexEnergi. In addition, you may not: 

  • Use, frame, or apply framing techniques to enclose any FlexEnergi trademark, logo, or other proprietary information—including images, text content, or the layout and design of any page or form displayed through the Services—without FlexEnergi’s express written consent; 
  • Deep-link to any page of the Services other than the home page without FlexEnergi’s prior written consent; or 
  • Embed or otherwise display any part of the Services within another website or application without FlexEnergi’s express written consent. 


Except as expressly set forth above, no right or license is conveyed to you by implication, estoppel, or otherwise under any patent, trademark, copyright, or proprietary right of FlexEnergi or any third party. 

(l) Third-Party Content 

FlexEnergi or its customers may provide links to third-party websites, resources, or content as a convenience to users, and FlexEnergi may post third-party content or allow users to post their own content. FlexEnergi does not monitor, control, endorse, or adopt any third-party content or third-party websites and makes no guarantee regarding their accuracy, completeness, or reliability. FlexEnergi does not represent or warrant the accuracy of any information contained in third-party content or websites and undertakes no obligation to update or review such content. 

You understand and agree that by using the Services you may be exposed to third-party content that could be offensive, indecent, or objectionable, and that you access such content at your own risk. When you leave the Services, our Terms & Conditions and policies no longer apply. You should review the applicable terms, conditions, and privacy practices of any third-party website, service, or content provider you access. 

FlexEnergi is not the publisher or author of third-party content. The Services may function as a passive conduit for the storage and dissemination of ideas, information, and opinions that users and third-party vendors choose to post. FlexEnergi does not screen or approve such content before it is posted. 

In the United States, FlexEnergi’s activities are subject to the protections of Section 230 of the Communications Decency Act and the safe harbor provisions of Section 512 of the Digital Millennium Copyright Act (DMCA).


2. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE FLEXENERGI SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND FLEXENERGI AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. 

Without limiting the foregoing, FlexEnergi and its licensors and suppliers make no warranty that: 

  1. The Services will meet your requirements; 
  2. The Services will be compatible with any particular devices, distributed energy resources (DERs), utility accounts, or third-party platforms; 
  3. The Services will be available on an uninterrupted, timely, secure, or error-free basis; 
  4. The Services or information provided will be accurate, reliable, complete, or produce specific results; or 
  5. Defects or errors will be corrected. 


When you install, sign up for, or use the Services, you may be given the ability to configure devices, systems, or program participation settings. You acknowledge that the choices you make may cause or lead to non-recommended operation of your devices, systems, or participation in energy programs. You assume all liability for such outcomes when you choose particular settings or adjust defaults. 

FlexEnergi may provide you with information regarding energy usage, device performance, environmental impacts, or program participation. All such information is provided “AS IS” and “AS AVAILABLE”, and FlexEnergi does not guarantee that it is correct, current, or complete. 


3. Indemnity

You agree to defend, indemnify, and hold harmless FlexEnergi, its corporate affiliates, independent contractors, service providers, consultants, licensors, and suppliers, and each of their respective directors, officers, employees, and agents, from and against any damages, costs, expenses, liabilities, claims, or demands (including reasonable attorneys’ fees and costs) made by any third party due to or arising out of: 

  1. Your use of the Services; 
  2. Your violation of these Terms & Conditions; 
  3. Any Feedback you provide; 
  4. Your violation of any applicable law, regulation, or the rights of any third party; 
  5. Your misuse, tampering, or misrepresentation of participation in any demand response, DER, or VPP program; or 
  6. Issues related to your devices, distributed energy resources (DERs), utility accounts, or third-party platforms used in connection with the Services, including but not limited to claims of misuse, malfunction, non-compliance, or violations of third-party terms of service. 


FlexEnergi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FlexEnergi, and you agree to cooperate fully with FlexEnergi’s defense of such claims. You agree not to settle any such claim without FlexEnergi’s prior written consent. FlexEnergi will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. 


4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN ADDITION TO THE WARRANTY DISCLAIMERS ABOVE: 

(a) FLEXENERGI WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, OR ANY DAMAGES FOR LOST DATA, LOST PROFITS, LOST INCOME, LOST GOODWILL, BUSINESS INTERRUPTION, OR PROGRAM INCENTIVES, ARISING FROM OR RELATING TO THE SERVICES, EVEN IF FLEXENERGI KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

(b) FLEXENERGI’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, UNDER STATUTE, OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO FLEXENERGI FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE CLAIM. IF YOU PARTICIPATE IN A PROGRAM WITHOUT PAYING FEES DIRECTLY TO FLEXENERGI, THEN FLEXENERGI’S TOTAL LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US $100). 

(c) THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. 

(d) FLEXENERGI DISCLAIMS ALL LIABILITY OF ANY KIND FOR THE ACTS OR OMISSIONS OF FLEXENERGI’S LICENSORS, SUPPLIERS, UTILITIES, MARKET OPERATORS, OR THIRD-PARTY SERVICE PROVIDERS. 

(e) IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 


5. Electronic Communications

As long as you maintain an Account, you may not “opt out” of receiving account-related or transactional communications from FlexEnergi. These communications may include, but are not limited to, confirmations, account updates, program participation notices, compliance information, or other service-related messages. 

The parties agree that legal notices may be provided by electronic mail, which shall be deemed delivered when sent, or (where FlexEnergi is the notifying party) by providing notice through the App or other Services. The notice address for FlexEnergi shall be legal@flexenergi.com (or such other address as FlexEnergi may provide). Your address for receiving notices under these Terms & Conditions shall be the current email address listed in your Account. 

Unless you opt out, you also agree to receive marketing communications from FlexEnergi, which may include promotional emails or text messages related to the Services. You may opt out of receiving marketing emails and text messages at any time by following the unsubscribe instructions included in those communications or by contacting FlexEnergi at support@flexenergi.com. 

Message and data rates may apply for any SMS messages sent to or from FlexEnergi. Carriers are not liable for delayed or undelivered messages. 

For more details regarding how FlexEnergi collects and uses your information, please review our Privacy Policy at https://flexenergi.com/privacy-policy/. 


6. Force Majeure

FlexEnergi will not be liable or responsible for any failure or delay in the performance of its obligations under these Terms & Conditions that results from causes beyond its reasonable control, including but not limited to: 

  • Acts of God, natural disasters, or extreme weather events (including floods, fires, storms, hurricanes, wildfires, and earthquakes); 
  • Public health events or epidemics (including the COVID-19 pandemic and similar events); 
  • Strikes, lock-outs, labor disputes, or other industrial actions by third parties; 
  • Civil commotion, riots, terrorist attacks, or acts of war (declared or undeclared); 
  • Failures or disruptions of public or private telecommunications networks, internet service providers, or cloud infrastructure; 
  • Failures or curtailments of electric grids, utility infrastructure, or market operator systems; or 
  • Failures of transportation systems, including railways, shipping, aircraft, or motor transport. 


In such circumstances, FlexEnergi’s obligations will be suspended for the duration of the force majeure event, and FlexEnergi will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.  


7. Severability

If any provision of these Terms & Conditions is found to be illegal, invalid, unenforceable, or prohibited under any applicable law or regulation, that provision (or part thereof) will be deemed severed and will not affect the validity and enforceability of the remaining provisions. The remainder of these Terms & Conditions will continue in full force and effect.


8. Survivability

Any provision of these Terms & Conditions that, by its nature, is intended to survive termination or expiration shall remain in effect, including without limitation provisions relating to confidentiality, intellectual property, limitation of liability, indemnification, data usage, and ownership rights. Such provisions will continue in full force and effect following any termination or expiration of these Terms & Conditions. 


9. Waiver

No waiver of any term, provision, or condition of these Terms & Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed a waiver of any other term, provision, or condition, whether or not similar. Nor shall such waiver constitute a continuing waiver of the same or any similar term, provision, or condition. Any waiver shall be valid only if in writing and signed by the party granting the waiver. 


10. Successors and Assignment

These Terms & Conditions are binding upon, and shall inure to the benefit of, each party’s respective successors and permitted assigns. 

You may not assign or transfer these Terms & Conditions, or any of your rights or obligations hereunder, without the prior written consent of FlexEnergi. Any attempted assignment or transfer in violation of this restriction shall be void. 

FlexEnergi may assign these Terms & Conditions without your consent to: 

  1. Any parent, subsidiary, or affiliate; 
  2. An acquirer of all or substantially all of its assets; or 
  3. A successor by merger, reorganization, or other corporate transaction. 

11. Dispute Resolution

In the event of any controversy, claim, or dispute between the parties, the parties shall first consult in good faith and attempt to reach a resolution satisfactory to both parties. If they fail to do so within thirty (30) days, either party may, by notice to the other, demand mediation under the rules of the American Arbitration Association (“AAA”). 

If resolution is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim (other than claims specifically excluded under this Section or under the Privacy Policy) shall be settled by binding arbitration in accordance with the AAA rules then in effect, before a single arbitrator seated in Delaware. 

  • The arbitrator shall render a written decision including findings of fact and law, and the award shall be final and binding upon the parties and their successors. Judgment on the award may be entered in any court of competent jurisdiction. 
  • Arbitration expenses shall be shared equally by the parties unless the arbitrator determines otherwise, and the prevailing party may be awarded reasonable attorneys’ fees and expenses. 
  • Arbitration proceedings are intended to be efficient and, absent extraordinary circumstances, shall be concluded within ninety (90) days from the date the arbitrator is appointed. Pre-hearing discovery shall be limited to the reasonable production of relevant, non-privileged documents. 
  • This Section does not apply to claims concerning the ownership, validity, infringement, misappropriation, disclosure, misuse, or enforceability of confidential information, intellectual property rights, or trade secrets. Such claims may be brought directly in court. 
  • To the fullest extent permitted by law, no arbitration or claim shall be joined with another, and no class arbitration shall be permitted. 
  • Any claim related to the Services must be filed within two (2) years after the cause of action arose, or it will be permanently barred. 


If any provision of this Section is held to conflict with mandatory law, it shall be modified to comply, and the remainder of this Section shall remain in effect.


12. Governing Law and Jurisdiction

These Terms & Conditions are governed by, and construed in accordance with, the laws of the State of Delaware, without regard to conflict of law principles that would result in the application of another jurisdiction’s laws. 

For any disputes or claims not subject to arbitration under Section 11, you agree that such actions shall be filed only in the state or federal courts located in Delaware, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts. 


13. Language

It is the express wish of the parties that these Terms & Conditions, and all related documents, be drawn up and executed in English.


14. Entire Agreement

These Terms & Conditions constitute the complete and exclusive agreement between you and FlexEnergi with respect to your use of the Services and any acts or omissions of FlexEnergi. These Terms & Conditions supersede any and all prior or contemporaneous communications, representations, statements, or understandings, whether oral or written, relating to the subject matter herein. 

No Reliance: You acknowledge and agree that, in entering into these Terms & Conditions, you have not relied on any representation, statement, warranty, or agreement of FlexEnergi or any other person except as expressly set forth in these Terms & Conditions.


15. Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FlexEnergi as a result of these Terms & Conditions or your use of the Services.


16. Contact Information

If you have any questions about these Terms & Conditions, or need to contact FlexEnergi for any reason, you may reach us at: 

FlexEnergi LLC 
4551 Flying Goat Ave NE, Suite A120 
Bainbridge Island, WA 98110 
Email (Legal Notices): legal@flexenergi.com 
Email (General Inquiries/Support): support@flexenergi.com 


17. Miscellaneous

(a) Headings. Section titles and headings are provided for convenience only and shall not affect the interpretation of these Terms & Conditions. 

(b) Export Compliance. You agree not to use, export, re-export, or transfer any portion of the Services in violation of U.S. export control laws and regulations, including without limitation the Export Administration Regulations maintained by the U.S. Department of Commerce and economic sanctions maintained by the U.S. Department of Treasury. 

(c) Age Requirement. The Services are intended for individuals who are at least eighteen (18) years old or the age of majority in their jurisdiction, whichever is greater. By using the Services, you represent and warrant that you meet this requirement. 

(d) Privacy Policy. Your use of the Services is also governed by FlexEnergi’s Privacy Policy, which is incorporated into these Terms & Conditions by reference. Please review our Privacy Policy at https://flexenergi.com/privacy-policy/. 

(e) Program Participation. If you participate in demand response, distributed energy resource, or virtual power plant programs, you acknowledge and agree that the terms, rules, and incentive structures of such programs are determined by the applicable utility or program operator. FlexEnergi is not responsible for, and makes no warranties regarding, eligibility, payments, or program terms imposed by third parties. 

(f) Beta or Trial Services. From time to time, FlexEnergi may offer beta features, trial services, or pilot programs. Such offerings are provided “AS IS” and “AS AVAILABLE,” may be modified or discontinued at any time without notice, and are subject to the disclaimers and limitations of liability set forth in these Terms & Conditions.