Last Updated 12 April 2021

This document explains the terms that apply to your use of the Digital Platforms, including the use of the Energy Crunch website at https://peremarketing.com/, our monitoring site and application, and our applications. This Agreement is a legally binding contract between you and Energy Crunch.

BY ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS, INCLUDING BROWSING OUR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE OUR SERVICES.

Grant of license to us to use your Contributions

By making a Contribution to the Digital Platforms, which includes any data generated relating to your solar installation on our through our monitoring application, you grant us a perpetual, non-exclusive (meaning you remain free to license your Contribution to others), fully-paid up, royalty-free (meaning we are not required to pay you for our use of your Contributions), sub-licensable (meaning that we can grant others the right to use your Contributions, for example, a company hosting the Digital Platforms) and worldwide (because the Internet and the Digital Platforms can be accessed from anywhere in the world) license to use, modify, create derivative works of, publicly perform and display, reproduce, communicate, commercialize, and distribute the Contributions without any further compensation, attribution, or notice to you. You agree not to assert any moral rights or rights of publicity against us for using your Contributions. You also recognize our legitimate interest in using your Contribution, in accordance with the scope of this license, to the extent your Contributions contain any personal information.

Feedback and Suggestions – If you provide any suggestions, product improvements, enhancement requests, recommendations or other feedback (collectively “Feedback”) relating to any of the Digital Platforms, you grant us a perpetual, non-exclusive, fully-paid up, royalty-free, sub-licensable, and worldwide license to use, modify, create derivative work of, publicly perform and display, reproduce, communicate, commercialize and distribute such Feedback without any further compensation, attribution or notice to you. You agree not to assert any moral rights or rights of publicity against us for using your Feedback, and you recognize our legitimate interest in using your Feedback, in accordance with the scope of this license, to the extent it contains any personal information.

Use and protection of your account number and password

You are responsible for keeping secret and confidential any account numbers and passwords you may have when registering for an account on the Digital Platforms. You are responsible for all uses of your account(s), whether or not actually or expressly authorized by you. We may restrict or limit account registration to eligible users only.

Our intellectual property rights

The Digital Platforms and all of the content on the Digital Platforms (“materials“), the trademarks, service marks, and logos contained on the Digital Platforms (“marks“), are owned by or licensed to us and are subject to copyright and other intellectual property rights under applicable national laws and international conventions. We reserve all rights not expressly granted under this Agreement or any separate written agreement in and to the Digital Platforms, the content and the Materials and Marks. You may download or print a copy of the materials available through the Digital Platforms for your own personal use, such as uses related to the purchase, installation, maintenance, and support of Energy Crunch products, but you must retain all copyright, trademark and other proprietary notices contained in and on the materials. You MAY NOT use the materials for any purpose that is commercial in nature. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Digital Platforms or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Digital Platforms or the materials on the Digital Platforms. You further agree not to access the Digital Platforms by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.

Our management of the Digital Platforms and user misconduct

  1. Our Digital Platform management – We may, but are not required to: (a) monitor or review the Digital Platforms for breaches of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who breaches this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may breach this Agreement, the law or any of our policies or are excessive in size or burdensome; and/or (d) manage the Digital Platforms in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Digital Platforms.
  2. Data use and sharing – We require the ability to use data that we receive from you or your photovoltaic (“PV”) system. We may receive this data directly from you or your PV system, or indirectly through our or a third-party monitoring system, including related systems or services. The data may be displayed through our Digital Platforms, including our monitoring application and website. The data may include, for example, energy consumption and production information, energy use information, battery storage information, fault information, a precise geolocation or address, revenue information, and hardware and software information. We may share this data with third parties in providing monitoring and reporting services to you. Third parties may include the system installer, dealers, operations and maintenance providers, governmental regulatory agencies, and utility companies. We may also provide or sell data in aggregated form (in a form where the source cannot be identified) to third parties who are not connected to the monitoring system, such as government agencies and research firms. For more information on our use of your data, please refer to our Privacy Policy.
  3. Our right to suspend or terminate access – Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability deny access to and use of the Digital Platforms and/or any account for the Digital Platforms to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation. If the need arises, we may also move the Digital Platforms to another domain or close the Digital Platforms indefinitely.
  4. Risk of harm – Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Digital Platforms and that you give to other Digital Platform users. You are discouraged from publicly posting the following information on the Digital Platforms: your full name, telephone numbers and street addresses. Contributions and other information that others upload or post to the Digital Platforms are not pre-moderated. Despite the prohibitions contained in this Agreement, such Contributions and other information may be offensive, harmful or inaccurate and may be mislabeled or deceptively labelled. You assume all risks associated with viewing such content and dealing with other users with whom you come in contact through the Digital Platforms. We expect that you will use caution and common sense when using the Digital Platforms.
  5. Optional Energy Management Services – We may offer to certain households the ability to have access to energy management services. These services may be provided by a third-party services provider. When such service is offered to your household, you will have the opportunity to choose whether you wish to keep or stop receiving such service at any time.

Term, termination and survival

This Agreement, as updated or amended from time to time, shall remain in full force and effect while you use the Digital Platforms.

We may terminate or suspend your account (and any related accounts) and your access to any Digital Platforms at any time, for any reason, and without advanced notice. If we do so, you do not have a contractual or legal right to continue to use the Digital Platforms.

If you have an account you may terminate it at any time, for any reason, by contacting customersupport@energycrunch.org. If your access to Digital Platforms is terminated, either by you or Energy Crunch, you may lose any information associated with your account, including the ability to retrieve materials contained in the account.

The terms of this Agreement will remain in effect even after your access to the Digital Platforms is terminated, including by Energy Crunch, or your use of the Digital Platform otherwise ends.

Copyright policy

If you upload material or otherwise do anything in relation to our Digital Platforms that infringes our copyright or the copyright of others, we may, without prejudice to our rights set out at Section 6 (Our Management of the Digital Platforms and User Misconduct), terminate your account and access rights to the Digital Platforms. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on this Site infringes upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Notice designated agent.

Third Party Sites

The Digital Platforms may contain links to other websites (“Third Party Sites”). We do not own or operate the Third-Party Sites, and we have not reviewed the material, including goods or services, made available through Third Party Sites. The availability of these links on the Digital Platforms does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.

This Agreement does not apply to your use of Third-Party Sites. You should review the Third-Party Sites’ terms and conditions, privacy policy and all other site documents, and make sure you understand the regulations, policies and practices that apply when you access them.

Disputes between users

You are solely responsible for your conduct when accessing and using the Digital Platforms. You agree that we cannot be liable for any dispute that arises between you and any other user.

iquidated damages for spam

You acknowledge and agree that spam is harmful to a site, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a pre-estimate of our anticipated loss, you agree to pay us $200 (USD) for each unsolicited commercial email or other unsolicited communication that you send from, to, or through the Digital Platforms.

You indemnify us

You agree to indemnify and hold us, our subsidiaries, affiliates, related entities and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, that arises out of your use of the Digital Platforms, any breach of this Agreement, or your infringement of someone else’s rights.

Miscellaneous

  1. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Digital Platforms and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
  2. Independent Contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
  3. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
  4. Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
  5. Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  6. Assignment. You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.