Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) form a binding agreement between you and Axolotl Advisors LLC (“we,” “us,” or “our”) covering the EnergyWiz website, application, and related services (the “Service”). By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of a company or organization, you represent that you are authorized to bind it, and “you” means that organization.

Electronic acceptance

When you check the box accepting these Terms, you adopt an electronic signature and agree to be bound by them. We record the version you accepted, the date and time, and the network address the acceptance came from, and we keep that record. You consent to receiving notices and disclosures from us electronically, at the email address on your account.

2. Definitions

• Account — your EnergyWiz profile and sign-in credentials.
• Utility Account — a service account with an energy utility (for example, a Con Edison electric or gas account) that you add to the Service.
• Your Data — information you give us: bill documents, usage files, supply-contract details, account information, and anything else you upload or enter.
• Utility Data — information we retrieve from your utility at your direction: bills, interval usage readings, account numbers, service addresses, and rate and service-class identifiers.
• Outputs — the analyses, comparisons, simulations, projections, and visualizations the Service generates from Your Data and Utility Data.
• Service Data — operational data we generate to run the Service: logs, performance metrics, error reports, and aggregate usage statistics.

3. What EnergyWiz does — and its relationship to your utility

EnergyWiz analyzes your electric and gas billing and usage data and estimates what your bills would have been under different utility rate plans and third-party supply contracts. It is an analysis tool. It reads your data and shows you calculations.

We will never change your rate plan or supplier without your explicit consent. We do not supply electricity or gas, and we do not control your bills, rates, surcharges, taxes, or adjustments.

Today the Service is read-only with respect to your Utility Account. It does not enroll you in a rate plan, switch your supplier, cancel a contract, make elections regarding your billing options, negotiate for you, or make payments, and it communicates with your utility only to retrieve your own data as described in Section 6. Acting on what you learn here — including switching rate plans or suppliers — is your decision and your responsibility.

We may later add features that act on your Utility Account for you, such as submitting a rate-plan change. If we do, each such action will require your explicit, separate authorization for that specific action. Agreeing to these Terms is not that authorization, and neither is having saved your utility credentials. We will tell you what we are about to do, and you will have to say yes to it.

EnergyWiz is not affiliated with, endorsed by, or sponsored by Consolidated Edison Company of New York, Inc. (“Con Edison”) or any other utility, energy supplier, or government agency. Utility names and rate designations are used only to identify the tariffs being modeled.

4. Outputs are estimates, not guarantees

This is the most important thing to understand about the Service.

EnergyWiz calculates bills by modeling published utility tariffs. Those tariffs are long, change frequently, and contain provisions that depend on facts we may not have. Outputs are estimates. They may differ — sometimes materially — from what a utility would actually bill you, and savings are not guaranteed.

• Some rate models are explicitly marked as approximate in the interface. Those have not been verified against real bills for that rate, and you should treat them as rough indications only.
• Outputs depend on the accuracy and completeness of the data you provide or that we retrieve. Missing bills, partial interval data, or an incorrect rate, service class, or tax jurisdiction will produce incorrect results.
• Historical results do not predict future costs. Actual bills vary with usage changes, weather, tariff revisions, utility adjustments and corrections, meter multipliers, demand ratchets, supply-market movements, and taxes and surcharges. Projections and forecasts in the Service are modeled estimates and will be wrong to some degree.
• Eligibility rules, enrollment windows, minimum terms, early termination fees, and similar conditions may prevent you from actually obtaining a rate the Service shows as favorable. We do not model most of these.

Nothing in EnergyWiz is financial, legal, tax, accounting, engineering, or energy-procurement advice. Consult a qualified professional for advice, and verify anything that matters against your actual bills and your utility’s current published tariff before relying on it.

5. Eligibility and your Account

• You must be at least 18 years old and able to form a binding contract.
• You must provide an accurate email address and keep your sign-in credentials confidential. You are responsible for all activity under your Account.
• You may only add Utility Accounts that you own, or that you are authorized by the account holder to access and analyze. Adding someone else’s Utility Account without their authorization is a breach of these Terms.
• If you give teammates, contractors, or advisors access, you are responsible for their compliance with these Terms.
• Tell us promptly at support@energywiz.net if you believe your Account has been accessed without your permission.

6. Utility credentials and your authorization

EnergyWiz can retrieve your bills and usage data directly from your utility’s website on your behalf. This is optional — you can instead upload bill PDFs and usage files yourself, and the Service works fully that way.

If you choose to save your utility login credentials with us:

• You appoint us as your authorized agent for the limited purpose of signing in to your Utility Account and downloading your own billing and usage data. You represent that you are the account holder or are authorized by the account holder to grant this permission.
• We store those credentials encrypted and use them only to retrieve your data. We do not use them to make payments or take any other action on your account. Saving credentials is not authorization to change your utility service — that takes a separate, explicit yes to the specific change, as described in Section 3.
• You can revoke this at any time by deleting the stored credentials in your account settings, which removes them from our systems, and by changing your password at the utility portal.
• Automated retrieval may involve relaying a one-time passcode that your utility sends you. We use it once, for that sign-in.
• Doing this may be inconsistent with your utility’s own terms of use, which typically prohibit sharing credentials. You are responsible for deciding whether to grant this permission. Retrieval may also break without warning when the utility changes its website; we do not guarantee it will keep working.

Details of how credentials are protected are in our Privacy Policy.

7. Sharing an account with other people

You can invite others to a Utility Account you own, as an Owner, Manager, or Viewer on EnergyWiz. If you do, understand that you are giving those people access to that account’s data — including bills, addresses, and detailed usage. Grant access deliberately, and remove it when it is no longer needed. We record permission changes in an audit log visible to the account’s owners.

8. Your data, and what we may do with it

You retain ownership of Your Data and Utility Data. You grant us a worldwide, royalty-free license to host, copy, process, transmit, display, and analyze them for the purpose of operating, maintaining, and securing the Service for you and generating Outputs. This license exists so that we can run the Service; it ends for new processing when you delete the data or your Account.

Improving our rate models

Unless you turn it off, we also use a Utility Account’s bills and usage data — including complete bill documents, which contain your name, address, and account number — to check and improve our rate models, including by automated analysis. This is on by default, and you may switch it off for any Utility Account at any time in its settings, with immediate effect. Every change is recorded with a timestamp.

Opting out stops future use. It does not unwind modeling work already completed, and it does not reach data already de-identified under the paragraph below.

De-identified and aggregated data

We may create de-identified and aggregated data from Your Data and Utility Data, and use, retain, and disclose it for any lawful business purpose — including analytics, benchmarking, research, developing and improving our rate models and other products, and publishing statistics about energy usage and rate plans.

That right is bounded by commitments we make here, not just by the word “de-identified”:

• It must not identify, and must not be reasonably capable of being associated with, you, your household, your Account, or your Utility Account.
• We will maintain it in de-identified form, will not attempt to re-identify it, and will contractually require the same of anyone we disclose it to.
• Anything we publish or disclose will be aggregated across enough accounts that no individual’s usage can be singled out.

Two things worth being straight about. First, detailed interval usage is unusually hard to de-identify — a household’s consumption pattern is close to a fingerprint — which is why the commitments above are about aggregation and non-re-identification rather than simply removing your name from a file. Second, this right survives deletion of your Account for data that has already been de-identified: once it no longer relates to you, we can no longer find it in order to delete it.

This is separate from the model-improvement setting above. That setting concerns your identifiable bills — complete documents carrying your name and address — and you can switch it off. This paragraph concerns data from which that identity has been removed; switching the other setting off does not withdraw this licence, and this licence does not give us any right to use your identifiable bills.

We own Service Data — the logs, metrics, and error reports we generate while operating the Service. Service Data does not contain your bill contents, usage readings, or utility credentials.

See the Privacy Policy for the full picture of what we collect, why, who it goes to, and how long we keep it.

9. Beta status and fees

EnergyWiz is in beta. It is under active development, may contain defects, may change substantially, and may be interrupted or discontinued. Features may be added or removed. We may impose or change usage limits, and we may rate-limit or suspend activity that threatens the Service’s stability. Do not use EnergyWiz as your only record of anything — keep your own copies of your bills and usage data.

The Service is currently provided free of charge. If we introduce fees, pricing and what it covers will be shown before you are asked to pay, and you will be able to decline and stop using the Service. Any taxes on future fees would be your responsibility.

10. Acceptable use

You agree not to:

• Access or attempt to access data belonging to another user or a Utility Account you are not authorized to access.
• Probe, scan, or test the vulnerability of the Service, or circumvent any authentication, rate limiting, or access control.
• Use automated means to access the Service in a manner that imposes an unreasonable load, scrape or mass-extract its output, or use bots to create Accounts.
• Upload malicious code, or content you do not have the right to provide.
• Reverse engineer, attempt to discover source code or underlying models, benchmark or publish performance results, copy, distribute, or create derivative works from it without permission.
• Resell, sublicense, or offer the Service commercially to third parties without our written agreement, or use the Service to build a competing product.
• Misrepresent your identity, or interfere with other users’ access to the Service.
• Use the Service to violate any applicable law.

If you are a security researcher and find a vulnerability, please report it to support@energywiz.net rather than exploiting it. We will not pursue good-faith research that respects other users’ data, and the restrictions above are not intended to discourage it.

11. Security and breach notification

We maintain administrative, technical, and physical safeguards appropriate to the sensitivity of the data we hold — including encryption in transit and at rest, application-level encryption of stored utility credentials, role-based access control, and audit logging of access to bill and usage files. The Privacy Policy describes these in detail. No method of transmission or storage is completely secure, and you acknowledge that risk.

If a breach of security compromises your private information, we will notify you without unreasonable delay, and will make any notifications required of us to New York State authorities — including the Attorney General, the Department of State’s Division of Consumer Protection, and the State Police — as required by the New York SHIELD Act and any other applicable law. Notice may be delayed only if law enforcement determines it would impede an investigation.

12. Suspension and termination

You may stop using EnergyWiz at any time and delete your data from the account settings. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if we discontinue the Service. If we discontinue the Service, we will make reasonable efforts to give you advance notice and an opportunity to export your data. Sections 4, 8, 13, 14, 15, and 18 survive termination.

13. Disclaimer of warranties

THE SERVICE AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CALCULATION, ESTIMATE, OR PROJECTION IT PRODUCES WILL BE ACCURATE OR COMPLETE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXOLOTL ADVISORS LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE — INCLUDING ANY DECISION YOU MAKE ABOUT A UTILITY RATE PLAN OR ENERGY SUPPLIER — WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

To put that concretely: if a data error causes a comparison to be wrong and you switch to a rate plan that turns out to cost more, the cap above is the limit of what we owe. We are also not responsible for energy-market price movements, changes in utility rules or tariffs, changes in your own usage, or utility portal outages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, these exclusions and limitations apply only to the extent permitted, and nothing here limits liability for fraud, gross negligence, or willful misconduct.

15. Indemnification

You agree to defend, indemnify, and hold harmless Axolotl Advisors LLC and its officers, employees, and agents from any claim, demand, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising out of your breach of these Terms or applicable law, your misuse of the Service, Your Data, or your addition of a Utility Account you were not authorized to access.

16. Third-party services

The Service links to and integrates with things we don't control — your utility’s website, identity and email providers, and hosting and monitoring vendors. We are not responsible for their content, availability, security, or practices, and your use of them may be governed by their own terms. The providers we rely on to operate the Service are listed in the Privacy Policy.

17. Changes to these Terms

We may update these Terms. When we make a material change, we will update the version and effective date shown at the top and ask you to accept the revised Terms the next time you use the Service — you will see them again, rather than being deemed to have agreed silently. Continuing to use EnergyWiz after accepting a change means you accept it. If you do not accept, stop using the Service and delete your data.

18. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in New York, and you and we each consent to their jurisdiction and venue.

There is no mandatory arbitration clause and no class-action waiver in these Terms. You keep your right to bring a claim in court, including in small-claims court, and to participate in a class action. Either party may seek injunctive or other equitable relief in those courts to protect intellectual property, confidential information, or the security of the Service.

Before filing anything, please email support@energywiz.net. Most problems are faster to fix than to litigate, and we would rather fix them.

19. General

• Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service and supersede any prior understandings. If we ever sign a separate written agreement with you, that agreement controls where it conflicts with these Terms.
• Severability and waiver. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets; if we do, we will tell you before your data becomes subject to a different privacy policy.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control — including utility or telecommunications outages, cyber incidents, third-party service failures, labor disputes, natural events, and governmental actions.
• International use. The Service is operated from the United States and is intended for use in the United States. If you access it from elsewhere, you are responsible for compliance with local law.
• Headings. Section headings are for convenience only and do not affect interpretation.

20. Contact

Axolotl Advisors LLC — support@energywiz.net