WiseBolt Terms of Service

Welcome to WiseBolt's ("WiseBolt," "we," "our," or "us") website and terms of service. This page explains the terms for using our website, insider services, software, services, or products we provide (collectively, the "Services"), and usage terms. By accessing or using the Service, you are communicating that you have read, understood, and agree to be bound by these Terms of Service ("Terms of Service" or "TOS"), and to the collection and use of your information as outlined in our Privacy Policy and incorporated herein. WiseBolt reserves the right to modify these terms and may provide notice of any changes as described below. These Terms of Service apply to all visitors, users, and others who access or use the Service. You must be 18 years or older to use our Services. If you disagree to be bound by these Terms of Service and to abide by all applicable laws, you must discontinue use of the Services immediately. WiseBolt grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this website and the Services as long as you comply with these Terms of Service.

Our Service

WiseBolt is a service of Energy for Good, LLC, that provides its users ("Users" or "Insiders") with the ability to understand how their electricity usage habits affect the environment and how they can save money by enrolling in electricity plans that cost them the least amount of money. Energy for Good, LLC dba WiseBolt is licensed or certified to provide energy broker, shopping, and advisory services in the state of Texas, and our broker ID is BR220174.

Your Information

To find trends in your electricity consumption habits, forecast future usage, calculate estimated bills, and suggest plans that make the most sense for you, WiseBolt will request some information, including your contact information, service address, meter information, and current energy provider account information. WiseBolt uses this information to generate usage models for your home in order to provide relevant advice about your energy consumption habits, about ways you can lower your environmental impact, and to suggest energy plans that make the most financial sense. WiseBolt also uses this information to look up publicly available information about your home (e.g., year built, square footage, etc.) as well as geographic information to determine factors that affect how much electricity you use. We also use this information to request your historical energy consumption data from Smart Meter Texas (SMT), as allowed by applicable rules and laws. By authorizing WiseBolt, you permit us to request and access your electricity usage data from Smart Meter Texas (SMT) for the next 12 months. This data will be used solely to provide you with accurate electricity usage reports, forecasts, and recommendations. You can revoke this authorization at any time through the WiseBolt portal or the SMT portal.

Any use of third-party data, including property information provided by Datafiniti, is subject to additional terms specified by those third parties. Users must honor all agreements related to the use, distribution, or manipulation of such data.

You have the right to revoke your data-sharing authorization at any time, after which WiseBolt will no longer access your usage data. We will securely delete any stored data upon termination of the authorization unless you request otherwise.

When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Services and refuse any and all current or future use of the Services or any portion thereof. We will handle your information in accordance with our Privacy Policy.

Usage Terms

WiseBolt reserves the right, in its sole discretion with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue the Service or any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.

You agree not to resell, redistribute, or sublicense any data provided by third parties, such as property information from Datafiniti, without significant modifications or without explicit authorization. You also agree not to circumvent any security measures or restrictions related to third-party data usage.

WiseBolt reserves the right, to the maximum extent allowed by law, in our sole discretion, to cancel your User account for any reason or no reason, including without limitation for violation of this Terms of Service.

WiseBolt may modify these Terms of Service, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms of Service to the Services and, if you possess an account, by directly communicating them to you when you log in to the Services; provided, however, that: (i) any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification; and (ii) any modification to the Fees section shall not apply to any charges incurred prior to the applicable modification. By not terminating your account within seven days after receiving a notice of modifications to this TOS as described above or by continuing to use or access the Services after modified TOS are posted to our website, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer(s) made available to you on the Services that augment(s) or otherwise enhance(s) the current features of the Services shall be subject to this TOS.

As a registered Competitive Service Provider (CSP) with Smart Meter Texas, WiseBolt adheres to strict protocols to ensure your data's privacy and security. We will not share your data with third parties without your explicit consent and will only use your data for purposes directly related to the services provided by WiseBolt.

Indemnity

You agree to defend, indemnify and hold harmless WiseBolt and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this TOS, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content of any kind that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code. This indemnity also extends to any claims, damages, or liabilities arising from your use or misuse of third-party data, including but not limited to data provided by Datafiniti.

Governing Law

All applicable United States federal, state, and local laws govern access to this website. You are responsible for compliance with the laws of your jurisdiction and other applicable law. The laws of the State of Texas shall govern any dispute arising out of the use of this website or these Terms of Service. You also agree to submit to the exclusive jurisdiction and venue of the courts located in Fort Bend County, Texas. In the event of any dispute with WiseBolt arising out of or related to these Terms of Service or your use of the Services, you agree to submit such dispute to binding arbitration under the procedure provided herein.

Disclaimer of Warranties; Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, WISEBOLT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

WiseBolt reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (ii) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (iii) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EXCESS OF $50. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THE SERVICES, OR IN CONNECTION WITH THE SERVICES. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TOS.

Dispute Resolution — Arbitration; Class Action Waiver

THE PARTIES HERETO HEREBY AGREE TO RESOLVE ANY DISPUTE, CLAIM, CONTROVERSY, LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THE SERVICES, OR IN CONNECTION WITH THE SERVICES, THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROCEDURAL RULES FOR COMMERCIAL DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THE SITE OF SUCH ARBITRATION SHALL BE HOUSTON, TEXAS. THE NUMBER OF ARBITRATORS SHALL BE THREE (3). EACH PARTY SHALL APPOINT ONE ARBITRATOR AND THE TWO ARBITRATORS APPOINTED BY THE PARTIES SHALL APPOINT THE THIRD ONE. IF THE ARBITRATORS CANNOT AGREE ON WHICH ARBITRATOR TO APPOINT, THEN THE THIRD ONE SHALL BE APPOINTED BY AAA. THE ARBITRATORS SHALL APPLY TEXAS LAW. THE ARBITRATION OF DISPUTES DESCRIBED IN THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED AND EACH PARTY HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

General Terms

These Terms of Service constitute the complete and exclusive agreement between the parties and supersedes any and all other agreements between the parties, oral or written, regarding the subject matter of this TOS. If any provision of this TOS is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, which shall not affect the enforceability of the TOS’s remaining provisions. You may not assign or otherwise transfer this TOS or any of your rights or obligations hereunder without prior written consent from WiseBolt. WiseBolt may, without your consent or notice, transfer, sell, pledge, encumber or assign this TOS and any rights hereunder. You acknowledge that WiseBolt assumes no responsibility under this TOS or otherwise for the provision of energy or energy services or for the performance of the terms of any contract entered into between you and any licensed electricity or natural gas provider.

If you access WiseBolt’s services via API, you agree to abide by any usage limitations, including those set by third-party providers we use. WiseBolt reserves the right to modify or restrict API access without notice, and you must ensure that any tools or software you create comply with these terms.

Notices

Unless otherwise required by law, User agrees that WiseBolt may transmit to you all notices required in this TOS in writing or via email to the address you provide to us. It is your sole responsibility to notify WiseBolt and provide updated address information whenever your contact information has changed.

User Communications

Users acknowledge that by providing us your phone number, including mobile number, and email, you consent to receive calls and communications from WiseBolt and on its behalf for all non-marketing purposes, including but not limited account updates, and including using automated technology and/or prerecorded phone messages. Such communications may be made by telephone, text message, e-mail, or any other platform. You acknowledge you may receive marketing emails and may opt out of such emails at any time by clicking the unsubscribe or opt out link in the email.

Copyright Notice

All contents are © 2022-2024 WiseBolt. All rights reserved. WiseBolt,wisebolt.com, and all content and other materials, including, without limitation, all logos, designs, text, graphics, pictures, trade dress, information, data, software, sound files, other files and selections and arrangement thereof are the property of WiseBolt, and may be either registered trademarks or trademarks of WiseBolt. Other logos and product and company names mentioned herein may be in the trademarks of their respective owners. One or more patents or patents pending owned by WiseBolt may apply to this website and to the features and services accessible via the website.

Last Updated: August 11, 2024