Terms of Service

Effective Date:

1-July-2024

Please review these Terms of Service ("Terms") carefully, including the binding arbitration clause and class action waiver in Section 9.5 below. By registering with us, purchasing any goods or services from us, or using the WattShift services (collectively, "Company Services"), you agree to these Terms. If you do not agree, you cannot use the Company Services. We reserve the right to modify these Terms periodically and will notify you of material changes via email or other notification mechanisms. Your continued use of the Company Services indicates your acceptance of the modified Terms.

Defined Terms

  • "Access Information": Your username, password, and other log-in information.
  • "Company Services": The features, products, and services available at https://www.wattshift.com and through the WattShift application.
  • "Content": All text, images, graphics, photos, video, audio, and other data derived from your use of the Company Services.
  • "Environmental Attributes": Credits, benefits, and reductions related to your electric or hybrid-powered device environmental impact.
  • "Other Applications": Software, products, services, platforms, APIs, hardware, and networks not provided by us but used with our services.
  • "Privacy Policy": Our privacy policy available at https://www.wattshift.com/privacy.
  • "Subject Matter": These Terms, Company Services, Content, Other Applications, and any goods or services made available through them.
  • "We, us, our, or the Company": WattShift.
  • "You or your": The individual using the Company Services, the company represented by such individual, and all affiliates.

Access to Company Services

  • "Availability": Subject to your compliance with these Terms, we will make the Company Services available. You may not use the Company Services if barred by U.S. or other applicable laws. The services are not intended for users under 16 years of age.
  • "Transfer of Ownership of Environmental Attributes": By using the Company Services, you transfer all rights to Environmental Attributes to WattShift - we retain the right to sell these Attributes ourselves or through third-parties who transact on our behalf to provide you with Company Services.
  • "Consent to Emails": You consent to receive emails from us, including transactional and service-related messages.
  • "Reservation of Rights": We retain all intellectual property rights in the Company Services and grant no licenses except as explicitly stated.

Use of the Company Services

  • "Necessary Systems": You are responsible for all systems, hardware, software, and network access required to use the Company Services.
  • "Feedback": Any feedback you provide may be used by us without any obligation to you.
  • "Data Collection": We may collect and use anonymized data for improving our services, marketing, and verifying compliance with these Terms.
  • "Usage Restrictions": You must comply with all applicable laws and not misuse the Company Services.
  • "Notifications to You": We may notify you of changes via site banners or email.
  • "Notifications to Us": Notices to us must be sent to contactus@wattshift.com.

Access Information & Content

  • "Access Information": You are responsible for maintaining the confidentiality of your Access Information and all activities under it.
  • "Use of Content": You bear all risks associated with your Content, including reliance on the integrity, quality, or accuracy of the Content. We may use, reproduce, and distribute your Content for providing and improving our services. We reserve the right to mark as 'inactive' and archive accounts that are inactive for an extended period of time.
  • "Account Data": We strive to back up all data, however we have no responsibility for the deletion or failure to store any Content. If you opt to deactivate your account we don’t have an obligation to compile and return your Content to you, except if we individually agree in writing.
  • "License to Content": You grant us a license to use your Content for developing and providing the Company Services in perpetuity. This is irrevocable, applicable worldwide, and royalty-free to us.

Other Applications

  • "Responsibility": You are responsible for any Other Applications you use with the Company Services. We are not liable for, but not limited to, any errors, losses, or damages incurred as a result of the use or unavailability of Other Applications. By using the Services you waive and release claims you may have arising against us from the use of Other Applications.
  • "Use of Your Content": We are not responsible for any disclosure of your Content resulting from its use with Other Applications.
  • "Other Applications Terms": You must comply with any additional terms for Other Applications.

Prohibited Acts

  • "Security Breaches": You are prohibited from breaching or attempting to breach any security features of the Company Services.
  • "Illicit Access": You will not gain unauthorized access to accounts or data.

Disclaimer of Warranties, Limitation of Liability & Indemnity

  • "Disclaimer": We provide the Company Services 'as is' and disclaim all warranties.
  • "Exclusion": We are not liable for any damages arising from the use of the Company Services.
  • "Indemnification": You agree to defend, indemnify, and hold us harmless from any claims arising from your use of the Company Services.
  • "General Release": You waive and release any claims against us.

General Provisions

  • "Service Discontinuance/Modification": We may modify or discontinue the Company Services at any time.
  • "Account Termination": We may terminate your account for cause or for business reasons.
  • "Trademarks; Media": You have no right to use our trademarks.
  • "Governing Law; Choice of Forum": Disputes are governed by Delaware law and resolved in our local courts.
  • "Arbitration": Disputes are resolved through binding arbitration. You waive the right to a jury trial and class actions.
  • "Limitation": Any claim must be filed within one year.
  • "Assignment": The terms of this agreement will not be assigned, delegated, or transferred by you without our prior written consent.
  • "Injunctive Relief": We may seek injunctive relief for breaches.
  • "Miscellaneous": These Terms constitute the entire agreement. Invalid provisions are severable.
  • "Copyright Policy": We respect intellectual property rights and will remove infringing materials.