Terms of Service

Welcome to Energy Panda, LLC ("Energy Panda," "Company," "we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "User," "you," or "your") and Energy Panda governing your access to and use of:

• the Energy Panda website
• any mobile applications operated by Energy Panda
• customer portals
• online account management tools
• utility enrollment services
• electricity procurement services
• subscription management services
• customer support services
• software platforms
• APIs
• digital communications
• and any other products or services offered by Energy Panda (collectively, the "Services")

By accessing, browsing, registering for, subscribing to, or using any portion of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, our Subscription Agreement, and any additional policies incorporated by reference. If you do not agree to these Terms, you must immediately discontinue use of the Services.

These Terms create a legally enforceable agreement under applicable federal and state law, including the Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), the Texas Uniform Electronic Transactions Act ("TUETA"), and other applicable laws governing electronic contracts.

Your electronic acceptance of these Terms has the same legal effect as your handwritten signature.

To use the Services, you represent and warrant that:

• you are at least eighteen (18) years of age
• you possess the legal capacity to enter into binding contracts
• you reside in a jurisdiction where the Services are legally offered
• you are authorized to make decisions regarding the utility account associated with the service address
• all information provided to Energy Panda is truthful, complete, and accurate
• you will promptly update any information that becomes inaccurate

If Energy Panda reasonably believes that any information you have provided is false, misleading, incomplete, fraudulent, or otherwise inaccurate, Energy Panda reserves the right to suspend or terminate your account without prior notice.

If you are enrolling a utility account on behalf of:

• a spouse
• family member
• landlord
• tenant
• business
• property owner
• trust
• partnership
• corporation
• limited liability company
• homeowners association
• or any other person or legal entity,

you represent and warrant that you possess all authority necessary to legally bind that individual or entity.

You further agree to indemnify and hold harmless Energy Panda against any claims arising from a lack of such authority.

Energy Panda is a subscription-based utility management platform designed to assist customers with evaluating, comparing, selecting, enrolling in, renewing, monitoring, and managing retail electricity service offerings and related utility services.

Energy Panda may, on your behalf and subject to your authorization:

• obtain historical electricity usage information
• review utility billing information
• compare offers from participating Retail Electric Providers ("REPs")
• recommend electricity plans based on information you provide
• submit enrollment requests
• coordinate contract renewals
• facilitate provider changes
• communicate with utilities and REPs regarding your account
• provide alerts regarding contract expiration, pricing, or renewal opportunities

Energy Panda does not generate, transmit, distribute, or sell electricity. Energy Panda is not a Retail Electric Provider, Transmission and Distribution Utility, Independent System Operator, or public utility.

All retail electricity service is provided by third-party entities licensed or otherwise authorized to provide such services.

Although Energy Panda seeks to identify competitive electricity plans and assist customers in managing their electricity service, Energy Panda does not guarantee:

• that a particular electricity provider will accept an enrollment
• that a particular rate will remain available
• that any specific dollar amount of savings will be achieved
• that Energy Panda will always identify the lowest available rate
• uninterrupted availability of any electricity plan
• future wholesale or retail market pricing
• utility delivery charges
• tax rates
• regulatory changes
• or future market conditions

Any examples, estimates, forecasts, calculators, or projected savings displayed through the Services are illustrative only and do not constitute guarantees or promises of future performance.

Your relationship with Energy Panda is solely that of an independent customer utilizing subscription services.

Nothing contained in these Terms shall be construed to create:

• an employment relationship
• partnership
• joint venture
• agency relationship (except where expressly authorized through separate enrollment documents)
• fiduciary relationship
• investment advisory relationship
• broker-dealer relationship
• legal representation
• accounting relationship
• or financial advisory relationship

Energy Panda acts solely as a subscription-based utility management platform providing administrative, informational, and enrollment assistance.

Energy Panda reserves the right, at any time and without liability, to:

• modify the Services
• suspend portions of the Services
• discontinue products
• introduce new subscription features
• modify software functionality
• update user interfaces
• change supported utilities or providers
• improve security measures
• perform scheduled maintenance
• or discontinue certain offerings

Energy Panda will make commercially reasonable efforts to provide advance notice of material changes where practicable.

Energy Panda may revise these Terms periodically to reflect changes in applicable law, regulatory requirements, technology, business operations, or service offerings.

When material revisions are made, Energy Panda will update the "Effective Date" at the beginning of these Terms and may provide notice through the website, email, customer portal, or other reasonable means.

Continued use of the Services following the effective date of revised Terms constitutes your acceptance of the updated agreement.

These Terms, together with:

• the Privacy Policy
• Subscription Agreement
• Electronic Communications Consent
• Utility Enrollment Authorization
• Limited Power of Attorney (where applicable)
• Cookie Policy
• Refund Policy
• and any documents expressly incorporated by reference,

constitute the complete agreement between you and Energy Panda regarding the Services and supersede all prior discussions, understandings, proposals, advertisements, or representations relating to the subject matter herein, except where prohibited by applicable law.

For purposes of these Terms of Service, the following capitalized terms shall have the meanings set forth below. Unless otherwise required by context, words in the singular include the plural, and words in the plural include the singular.

"Account" means the unique customer profile established by or on behalf of a Customer for accessing and using the Services, including all associated login credentials, subscription information, utility account information, preferences, payment methods, communications, enrollment history, and related records maintained by Energy Panda.

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with Energy Panda, including any parent company, subsidiary, successor, successor-in-interest, or entity under common ownership or management.

"Applicable Law" means all federal, state, and local statutes, regulations, ordinances, administrative rules, judicial decisions, and governmental orders applicable to the Services, including but not limited to laws governing:

• Consumer protection
• Electronic commerce
• Data privacy
• Cybersecurity
• Identity verification
• Utility regulation
• Subscription billing
• Electronic signatures
• Payment processing
• Marketing communications

"Authorized User" means an individual who has lawful authority to act on behalf of the Customer regarding a Utility Account or Service Address, including but not limited to:

• Property owners
• Tenants
• Authorized occupants
• Corporate officers
• Property managers
• Trustees
• Executors
• Persons holding valid written authorization

Energy Panda may require additional documentation to verify such authority.

"Company," "Energy Panda," "we," "our," and "us" refer collectively to Energy Panda LLC and its Affiliates, successors, assigns, employees, contractors, officers, directors, representatives, agents, licensors, and authorized service providers, unless the context requires otherwise.

"Customer," "User," "you," and "your" refer to any individual or legal entity that accesses, registers for, subscribes to, or otherwise uses the Services.

Where applicable, "Customer" also includes any person acting under valid authority on behalf of another individual or legal entity.

"Driver's License Information" means any government-issued driver's license or state-issued identification card information provided to Energy Panda for purposes of identity verification, fraud prevention, utility enrollment, account authentication, or compliance with Applicable Law.

Driver's License Information may include, without limitation:

• License number
• State of issuance
• Expiration date
• Identification images
• Verification status
• Machine-readable barcode information
• Information returned from identity verification providers

Energy Panda collects such information solely for legitimate business purposes and processes it in accordance with its Privacy Policy and applicable law.

"Electronic Communication" means any notice, disclosure, agreement, statement, record, document, consent, or other communication transmitted electronically, including through:

• Email
• Website
• Customer Portal
• Mobile Application
• SMS Text Message
• Push Notification
• Secure Message Center
• Electronic Signature Platform

"Enrollment" means the submission of a request, authorization, application, or transaction to initiate, modify, renew, transfer, or terminate electric service with a Retail Electric Provider or Utility Provider on behalf of a Customer.

Submission of an Enrollment request does not guarantee acceptance by any Retail Electric Provider or Utility Provider.

"Identity Verification" means the process of confirming a Customer's identity using one or more commercially reasonable methods, including:

• Driver's License verification
• Government-issued identification
• Utility account validation
• Address verification
• Knowledge-based authentication
• Fraud detection tools
• Third-party identity verification services
• Public records
• Credit bureau verification, where legally permissible

Energy Panda reserves the right to require additional verification at any time.

"Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to an identified or identifiable individual.

Personal Information may include:

• Name
• Address
• Email Address
• Telephone Number
• Date of Birth
• Utility Account Number
• Driver's License Information
• Payment Information
• IP Address
• Device Information
• Browser Information
• Account Credentials
• Geolocation Data (where authorized)

"Sensitive Personal Information" means Personal Information requiring heightened protection under Applicable Law, including but not limited to:

• Driver's License Information
• Government-issued identification numbers
• Financial account information
• Payment card information
• Authentication credentials
• Security questions and answers
• Utility account credentials
• Any other information designated as sensitive by Applicable Law

Energy Panda maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Sensitive Personal Information.

"Retail Electric Provider" or "REP" means any electricity supplier licensed or authorized to sell retail electricity service within applicable deregulated electricity markets.

Energy Panda is not a Retail Electric Provider and does not generate, transmit, distribute, or sell electricity.

"Services" means all products, software, platforms, subscription offerings, websites, applications, utility management tools, enrollment assistance, educational materials, customer support, communications, APIs, and related services offered by Energy Panda, whether currently available or introduced in the future.

Energy Panda may add, modify, suspend, or discontinue Services at its sole discretion.

"Service Address" means the physical property location where electricity or other utility services are provided, managed, compared, monitored, enrolled, renewed, or otherwise administered through the Services. A Customer may maintain multiple Service Addresses under a single Account, subject to Energy Panda's subscription terms.

"Subscription" means the recurring paid membership that grants a Customer access to Energy Panda's Services, subject to these Terms, the Subscription Agreement, and all applicable billing policies. Unless otherwise stated in writing, all Subscriptions renew automatically in accordance with the Automatic Renewal Terms.

"Third-Party Provider" means any individual or entity other than Energy Panda that provides products or services in connection with the Services, including but not limited to:

• Retail Electric Providers
• Transmission and Distribution Utilities
• Payment processors
• Identity verification vendors
• Cloud hosting providers
• Data analytics providers
• Customer communication platforms
• Credit bureaus
• Fraud prevention services
• Customer support vendors

Energy Panda is not responsible for the acts, omissions, products, services, policies, or performance of any Third-Party Provider unless expressly required by Applicable Law.

"Utility Account" means the account established with a Utility Provider or Retail Electric Provider for the delivery or supply of electricity or related utility services to a Service Address.

"Utility Provider" means any electric utility, transmission and distribution utility ("TDU"), municipal utility, electric cooperative, or other entity responsible for the delivery, transmission, or distribution of electricity to a Service Address. Utility Providers operate independently of Energy Panda.

Unless expressly stated otherwise:

• Headings are provided solely for convenience and shall not affect interpretation
• References to "including" or "includes" mean "including, without limitation."
• References to laws include any amendments, replacements, or successor statutes
• Any ambiguity shall not be construed against either party by reason of authorship

To establish or maintain an Account, you represent, warrant, and agree that you: a. are at least eighteen (18) years of age; b. possess the legal capacity to enter into binding contracts; c. are not prohibited by Applicable Law from using the Services; d. are the customer of record for the applicable Utility Account, or are otherwise legally authorized to act on behalf of the customer of record; e. will comply with these Terms and all Applicable Laws. Energy Panda reserves the right to deny or terminate access to the Services at its sole discretion where permitted by law.

To access certain Services, you must create an Account. During registration, you may be required to provide:

• Full legal name
• Residential service address
• Mailing address (if different)
• Email address
• Mobile telephone number
• Date of birth
• Driver's license or other government-issued identification
• Utility account number
• ESI ID (where applicable)
• Payment information
• Any additional information reasonably requested to verify your identity or complete utility enrollment

You agree that all information provided is complete, accurate, current, and truthful.

You agree to promptly update your Account whenever any information becomes inaccurate, incomplete, or outdated, including but not limited to:

• legal name
• mailing address
• service address
• email address
• telephone number
• payment method
• utility account information
• authorization status

Energy Panda may rely upon the information contained within your Account until you provide updated information.

Because Energy Panda performs utility enrollment and related account management services, Energy Panda may verify your identity before providing certain Services.

Identity verification may include one or more of the following:

• government-issued identification
• driver's license verification
• knowledge-based authentication
• utility account validation
• address verification
• telephone verification
• email verification
• fraud screening
• public records searches
• third-party identity verification providers
• payment verification
• or any other commercially reasonable verification method

Energy Panda reserves the right to require additional verification at any time.

Where required for identity verification, fraud prevention, or utility enrollment, Energy Panda may request a valid driver's license or other government-issued identification.

By providing such identification, you certify that:

• the identification is authentic
• it belongs to you or to a person you are legally authorized to represent
• the information is accurate
• you authorize Energy Panda to use the information solely for legitimate business purposes

Driver's license information shall be processed in accordance with Energy Panda's Privacy Policy and applicable law.

Energy Panda reserves the right to refuse, suspend, delay, or terminate any Account or requested transaction if:

• identity cannot be reasonably verified
• fraudulent activity is suspected
• conflicting information is provided
• documents appear altered or forged
• required documentation is not supplied
• regulatory requirements cannot be satisfied
• utility providers reject enrollment due to identity concerns

Energy Panda shall have no liability for delays or denials resulting from verification requirements.

If you create an Account or request Services on behalf of another individual or legal entity, you represent and warrant that:

• you possess all legal authority necessary to do so
• all required consents have been obtained
• you may legally bind the represented party

Energy Panda may request documentation confirming such authority before providing Services.

You are solely responsible for safeguarding your:

• username
• password
• multi-factor authentication credentials
• security questions
• authentication devices
• email account
• mobile device

You agree not to:

• share your login credentials
• allow unauthorized individuals to access your Account
• attempt to circumvent Energy Panda's security measures

You are responsible for all activity occurring through your Account unless prohibited by Applicable Law.

You agree to notify Energy Panda immediately if you believe:

• your Account has been compromised
• your credentials have been stolen
• unauthorized access has occurred
• fraudulent enrollments have been submitted
• your personal information has been improperly accessed

Failure to promptly notify Energy Panda may increase the risk of unauthorized activity for which you may remain responsible to the extent permitted by law.

Energy Panda may employ automated and manual fraud detection systems designed to identify potentially fraudulent, deceptive, abusive, or unlawful activity.

Energy Panda may:

• suspend Accounts
• delay enrollments
• request additional documentation
• reject transactions
• report suspected fraud to appropriate authorities
• cooperate with law enforcement agencies
• permanently terminate Accounts engaged in fraudulent conduct

Nothing in these Terms obligates Energy Panda to investigate or detect every instance of fraud.

You may not:

• create an Account using false information
• impersonate another individual
• use stolen identity information
• submit fraudulent documentation
• register multiple Accounts to evade restrictions
• use automated scripts or bots to create Accounts
• attempt to bypass verification procedures
• use the Services for unlawful purposes

Violation of this Section may result in immediate termination and referral to law enforcement where appropriate.

Certain Retail Electric Providers or Utility Providers may conduct independent credit evaluations or require deposits before accepting an enrollment.

Energy Panda has no control over:

• credit approval decisions
• deposit requirements
• provider underwriting criteria
• enrollment acceptance
• utility eligibility determinations

Energy Panda does not guarantee acceptance by any provider.

Energy Panda may suspend or restrict access to an Account if it reasonably believes:

• these Terms have been violated
• fraud is suspected
• payment obligations are overdue
• security has been compromised
• verification requirements remain incomplete
• continued access presents legal, operational, or security risks

During suspension, Energy Panda may temporarily restrict some or all Services.

Energy Panda may terminate an Account at any time, with or without prior notice where permitted by law, if:

• false information has been provided
• fraudulent conduct has occurred
• these Terms have been materially breached
• continued service is unlawful
• required information cannot be verified
• the Services are discontinued

Termination does not relieve you of obligations that accrued before termination, including payment obligations or indemnification duties.

The following obligations survive suspension or termination of an Account:

• payment obligations
• limitation of liability
• indemnification
• dispute resolution
• arbitration
• class action waiver
• confidentiality obligations
• intellectual property protections
• any provisions that by their nature are intended to survive termination

Energy Panda provides subscription-based utility management and electricity procurement assistance designed to help residential customers evaluate, compare, select, enroll in, monitor, and manage retail electricity services.

The Services may include, but are not limited to:

• Monitoring electricity contract expiration dates
• Comparing available electricity plans
• Researching pricing from participating Retail Electric Providers ("REPs")
• Submitting enrollment requests on your behalf
• Coordinating provider changes
• Managing contract renewals
• Providing electricity market updates
• Monitoring available plan options
• Assisting with utility account administration
• Customer support regarding subscription services
• Educational resources concerning electricity markets; and
• Other services Energy Panda may introduce from time to time

The scope of the Services may vary depending upon your subscription level and geographic location.

Your Subscription provides access to Energy Panda's proprietary software platform and related services.

The Subscription does not constitute:

• the purchase of electricity
• a utility service
• a guarantee of electricity supply
• an insurance product
• a financial advisory service
• an investment service
• legal advice
• tax advice
• engineering advice
• or professional consulting services unless expressly stated in a separate written agreement

Energy Panda provides administrative, technological, informational, and enrollment assistance only.

Energy Panda is an independent subscription service.

Energy Panda is not:

• a Retail Electric Provider
• a Transmission and Distribution Utility

• a municipal utility
• an electric cooperative
• a regulated public utility
• a governmental agency

Energy Panda does not generate, transmit, distribute, or sell electricity.

All electricity service is provided by licensed third-party providers.

Subject to your separate Utility Enrollment Authorization and Limited Power of Attorney, you authorize Energy Panda to perform administrative activities necessary to facilitate the Services, including:

• obtaining electricity usage history
• reviewing utility account information
• communicating with Retail Electric Providers
• communicating with Transmission and Distribution Utilities
• requesting pricing information
• comparing electricity products
• submitting enrollment requests
• requesting contract renewals
• assisting with service transfers
• monitoring contract expiration dates

Energy Panda shall not execute transactions beyond the authority expressly granted by you.

Energy Panda is under no obligation to change your electricity provider merely because a different rate becomes available.

Energy Panda may consider multiple factors when evaluating available electricity products, including but not limited to:

• contract structure
• market volatility
• cancellation fees
• renewable energy content
• provider stability
• customer service history
• contract length
• pricing certainty
• pass-through charges
• promotional pricing
• other commercially reasonable considerations

Electricity plans displayed through the Services are subject to change without notice.

Retail Electric Providers may:

• withdraw offers
• modify pricing
• discontinue products
• reject enrollment requests
• change eligibility requirements
• impose credit requirements
• require deposits
• suspend enrollment

Energy Panda has no control over these decisions.

Energy Panda makes commercially reasonable efforts to identify competitive electricity plans based on the information available at the time of review.

However, Energy Panda does not guarantee:

• the absolute lowest electricity rate
• the best financial outcome
• maximum savings
• future market performance
• acceptance by any Retail Electric Provider
• uninterrupted availability of any electricity plan

Electricity markets fluctuate continuously.

Prices may change after Energy Panda conducts its analysis.

Electricity pricing is affected by numerous factors beyond Energy Panda's control, including:

• wholesale electricity markets
• natural gas prices
• weather conditions
• transmission congestion
• governmental regulation
• ERCOT market conditions
• utility delivery charges
• taxes
• fuel costs
• inflation
• supply shortages
• emergency declarations
• geopolitical events

Energy Panda shall not be liable for changes in electricity pricing resulting from these or similar factors.

Many aspects of the Services depend upon Third-Party Providers.

Energy Panda does not control:

• Retail Electric Providers
• Utility Providers
• payment processors
• identity verification vendors
• telecommunications providers
• cloud hosting providers
• internet service providers
• government agencies

Energy Panda shall not be liable for delays, interruptions, failures, or errors caused by Third-Party Providers except as required by law.

Energy Panda will use commercially reasonable efforts to maintain availability of the Services.

However, the Services may be unavailable due to:

• scheduled maintenance
• emergency maintenance
• software upgrades
• cybersecurity events
• internet outages
• cloud service interruptions
• utility system failures
• force majeure events
• governmental actions

Energy Panda does not guarantee uninterrupted availability.

Energy Panda reserves the right to:

• introduce new features
• discontinue existing features
• modify subscription plans
• add premium services
• change software functionality
• improve security
• update user interfaces
• enhance automation
• expand into new markets

Such modifications do not constitute a breach of these Terms.

From time to time Energy Panda may provide access to beta, pilot, experimental, or pre-release functionality.

Beta Services are provided:

• without warranties
• without guarantees of availability
• without guarantees of future support

Energy Panda may discontinue Beta Services at any time.

As part of the Subscription, Energy Panda may communicate with you regarding:

• contract expiration dates
• enrollment status
• pricing opportunities
• service interruptions
• billing matters
• identity verification
• subscription management
• security alerts
• legal notices
• promotional offers, where permitted by law

Certain communications are considered essential to the operation of your Account and may not be opted out of except by terminating your Subscription.

The Services are available only in jurisdictions where Energy Panda elects to operate.

Energy Panda reserves the right to refuse service in any jurisdiction where providing the Services would be unlawful, commercially impracticable, or operationally infeasible.

Energy Panda may expand its Services in the future to include additional utility-related offerings, energy management tools, home services, telecommunications services, insurance referrals, or other products.

Unless otherwise stated, such future offerings shall also be governed by these Terms.

Energy Panda reserves all rights not expressly granted to Customers under these Terms.

Nothing contained in these Terms shall be construed as granting Customers ownership of:

• Energy Panda software
• proprietary algorithms
• pricing methodologies
• automation systems
• databases
• trademarks
• copyrights
• trade secrets
• business methods
• intellectual property

By creating an Account, purchasing a Subscription, or using the Services, you represent and warrant that, both at the time of registration and throughout your use of the Services, you: a. are legally authorized to enter into this Agreement; b. possess the legal authority to manage the Utility Account associated with each Service Address; c. have provided complete, accurate, current, and truthful information; d. will promptly update any information that becomes inaccurate or outdated; e. are not impersonating another individual or entity; f. are not using stolen, fraudulent, or unauthorized identification; g. will use the Services only for lawful purposes.

You represent and warrant that you are:

• the customer of record
• the owner of the property
• the lawful tenant
• the authorized property manager
• or another individual legally authorized to make electricity procurement decisions

If Energy Panda reasonably determines that you lack such authority, Energy Panda may suspend or terminate your Account without liability.

You acknowledge that Energy Panda relies upon the information you provide when:

• comparing electricity plans
• requesting quotes
• submitting enrollment requests
• renewing contracts
• communicating with Retail Electric Providers
• communicating with Utility Providers

Energy Panda shall not be liable for losses resulting from inaccurate, incomplete, outdated, or misleading information supplied by you.

You agree to reasonably cooperate with Energy Panda throughout the provision of the Services. Such cooperation includes, where requested:

• responding to verification requests
• supplying requested documentation
• confirming enrollment details
• providing updated contact information
• reviewing important notices
• promptly reporting errors

Failure to cooperate may delay or prevent Energy Panda from providing Services.

You agree that Energy Panda may require identity verification at any time. You agree to provide requested documentation within a reasonable period, including:

• government-issued identification
• driver's license
• utility bill
• proof of residency
• proof of authority
• additional verification requested by Retail Electric Providers

Failure to complete verification may result in delayed enrollment, suspension, or termination of Services.

If you provide a driver's license or other government-issued identification, you certify that:

• it is authentic
• it has not expired unless otherwise permitted by law
• it belongs to you or to a person you are legally authorized to represent
• you are authorized to disclose such information
• the information is not fraudulent or altered

Submission of fraudulent identification constitutes a material breach of these Terms.

You are solely responsible for maintaining the confidentiality of your Account credentials. You agree to:

• maintain secure passwords
• enable multi-factor authentication where available
• safeguard your devices
• prevent unauthorized access
• immediately notify Energy Panda of suspected compromise

Energy Panda is not responsible for losses resulting from your failure to protect your Account credentials, except where prohibited by law.

You remain solely responsible for decisions regarding:

• contract acceptance
• electricity usage
• payment of utility bills
• termination fees
• service address changes
• compliance with provider requirements

Energy Panda provides administrative assistance only and does not assume responsibility for your utility obligations.

You acknowledge that any:

• savings estimates
• market forecasts
• pricing projections
• educational materials
• recommendations
• software calculations

are informational only. You agree not to rely upon such information as a guarantee of future pricing or savings.

You agree not to:

• submit false information
• use another person's identity
• interfere with the Services
• reverse engineer the software
• upload malicious software
• access Accounts belonging to others
• bypass security controls
• use automated scripts without authorization
• scrape Energy Panda's website or databases
• engage in fraudulent enrollment practices
• violate Applicable Law

You are responsible for maintaining compatible devices and internet access necessary to use the Services.

Energy Panda is not responsible for:

• internet outages
• device failures
• browser incompatibility
• operating system limitations
• telecommunications failures

Unless expressly stated otherwise, you remain responsible for all taxes, governmental assessments, utility charges, delivery charges, deposits, and similar obligations associated with your electricity service.

Energy Panda's Subscription fee does not include electricity charges.

You agree to comply with all Applicable Laws while using the Services.

You may not use the Services:

• to commit fraud
• to evade utility regulations
• to circumvent provider requirements
• to violate sanctions or export laws
• to facilitate unlawful conduct

You agree to promptly notify Energy Panda if:

• you move from a Service Address
• ownership changes
• tenancy changes
• utility service is disconnected
• your authority over the Utility Account ends
• your identity information changes
• you suspect fraud

Energy Panda may continue relying upon previously supplied information until updated information is received.

If another person accesses your Account with your permission, you remain responsible for their actions. You agree to ensure that any Authorized User complies with these Terms.

Any breach of this Article may constitute a material breach of these Terms and may trigger your indemnification obligations under Article XV.

Nothing in this Article limits Energy Panda's right to:

• request additional documentation
• suspend enrollments
• reject transactions
• refuse service
• terminate Accounts
• cooperate with law enforcement
• report suspected fraud

The representations, warranties, certifications, and obligations contained in this Article survive termination of your Account to the extent necessary to resolve disputes, comply with Applicable Law, or protect Energy Panda's legal rights.

By accepting these Terms, executing any related authorization, or using the Services, you expressly authorize Energy Panda, its employees, contractors, Affiliates, authorized representatives, and technology partners to perform the activities described in this Article for the purpose of administering your Subscription and facilitating electricity procurement services.

This authorization shall remain in effect until revoked by you in accordance with these Terms or terminated by Energy Panda.

You authorize Energy Panda to obtain, review, access, retrieve, and maintain information relating to your Utility Account, including:

• Historical electricity usage
• Monthly consumption history
• Billing history
• Contract expiration dates
• Current Retail Electric Provider
• Utility account status
• ESI ID (where applicable)
• Meter information
• Service address information
• Account classification
• Rate class
• Load profile
• Demand information, where available
• Other information reasonably necessary to provide the Services

Energy Panda may obtain such information directly from Utility Providers, Retail Electric Providers, third-party data providers, or other lawful sources.

You authorize Energy Panda to communicate on your behalf with:

• Retail Electric Providers
• Transmission and Distribution Utilities
• Municipal utilities
• Electric cooperatives
• Utility customer service departments
• Billing departments
• Enrollment departments
• Identity verification providers
• Third-party utility data providers

Such communications may include inquiries regarding your account, enrollment status, contract expiration, pricing, billing information, service transfers, and other matters reasonably necessary to provide the Services.

You authorize Energy Panda to:

• solicit electricity pricing
• obtain proposals
• request contract offers
• compare competing electricity products
• analyze available pricing structures
• review promotional offers
• negotiate commercially reasonable terms where available

Nothing in this Agreement guarantees that any provider will offer pricing or enter into a contract.

Subject to your subscription preferences and any separate authorizations you provide, you authorize Energy Panda to prepare and submit enrollment requests to Retail Electric Providers on your behalf.

Submission of an enrollment request does not guarantee:

• provider acceptance
• successful enrollment
• availability of pricing
• approval of credit
• waiver of deposits
• approval by any Utility Provider

Final acceptance remains solely within the discretion of the applicable provider.

You authorize Energy Panda to monitor the expiration of electricity contracts associated with your Utility Account.

Where permitted by Applicable Law and your Subscription settings, Energy Panda may:

• notify you of upcoming expirations
• evaluate replacement products
• prepare renewal documentation
• facilitate contract renewals
• coordinate provider changes
• communicate with providers regarding renewal opportunities

Energy Panda will act only within the scope of the authority granted by you and applicable law.

This authorization is limited to administrative and enrollment-related activities reasonably necessary to provide the Services. Nothing in this Article authorizes Energy Panda to:

• incur debt on your behalf
• obtain loans
• sign unrelated contracts
• transfer ownership of property
• access financial accounts except as necessary for subscription billing
• make decisions unrelated to the Services

You agree to provide any information or documentation reasonably requested to complete an enrollment or renewal, including:

• driver's license
• proof of residency
• utility bill
• proof of authority
• payment information
• identity verification documentation

Failure to provide requested documentation may delay or prevent enrollment.

Certain Utility Providers or Retail Electric Providers may require:

• recorded verification calls
• additional customer signatures
• independent identity verification
• credit reviews
• deposits
• additional documentation

Energy Panda has no control over such requirements. You agree to cooperate with any reasonable provider requests necessary to complete enrollment.

You acknowledge that:

• Energy Panda cannot guarantee provider acceptance
• providers may reject enrollment for any lawful reason
• pricing may change before enrollment is finalized
• utility markets fluctuate continuously
• Energy Panda does not control provider underwriting decisions
• enrollment timelines vary by provider

You may revoke this authorization at any time by providing written notice to Energy Panda. Revocation shall not affect:

• actions already taken in reliance upon this authorization
• completed enrollments
• existing provider contracts
• obligations arising before revocation

Energy Panda may require reasonable verification before processing a revocation request.

Unless earlier revoked or terminated, this authorization remains effective while:

• your Subscription remains active
• Energy Panda is providing Services
• outstanding enrollment requests remain pending
• contract renewals are being completed
• applicable law permits continued reliance upon this authorization

Energy Panda shall exercise the authority granted under this Article in accordance with Applicable Law and commercially reasonable business practices. Nothing contained herein shall be construed to authorize conduct prohibited by law or applicable utility regulations.

Energy Panda shall not be liable for:

• provider decisions
• utility delays
• enrollment rejections
• contract withdrawals
• pricing changes
• utility outages
• transmission interruptions
• regulatory changes
• provider insolvency
• force majeure events affecting electricity markets

The rights and obligations contained in this Article survive termination of these Terms to the extent necessary to:

• complete pending enrollments
• comply with legal obligations
• resolve disputes
• maintain legally required records
• enforce Energy Panda's rights

In order to provide the Services, comply with Applicable Law, prevent fraud, facilitate utility enrollments, protect customers, and maintain the integrity of the Energy Panda platform, Energy Panda may collect, verify, process, store, use, disclose, and retain certain Personal Information and Sensitive Personal Information. By using the Services, you expressly authorize Energy Panda to process such information in accordance with these Terms, the Privacy Policy, and Applicable Law.

Depending upon the Services requested, Energy Panda may collect information including, but not limited to:

• Full legal name
• Residential address
• Mailing address
• Email address
• Telephone number
• Date of birth
• Driver's license
• Government-issued identification
• Utility account number

• Electricity usage history
• Payment information
• Subscription history
• IP address
• Browser information
• Device identifiers
• Authentication credentials
• Customer communications
• Account preferences
• Enrollment history

Energy Panda collects only information reasonably necessary to provide the Services or satisfy legal and regulatory obligations.

You expressly authorize Energy Panda to collect and process your driver's license or other government-issued identification when reasonably necessary for:

• Identity verification
• Utility enrollment
• Fraud prevention
• Compliance with Utility Provider requirements
• Compliance with Retail Electric Provider requirements
• Regulatory compliance
• Security verification
• Customer authentication

Energy Panda shall not use driver's license information for purposes unrelated to the Services without your consent or as otherwise permitted by law.

By submitting any government-issued identification, you certify that:

• the identification belongs to you or to a person you are legally authorized to represent
• it has not been altered
• it is authentic
• the information is accurate
• submission of the identification does not violate any law or contractual obligation

Providing false identification constitutes a material breach of these Terms.

Energy Panda may utilize independent third-party identity verification providers to confirm customer identity. Verification methods may include:

• Government ID authentication
• Driver's license verification
• Public record verification
• Address validation
• Utility account validation
• Fraud detection databases
• Device verification
• Payment verification
• Telephone verification
• Email verification
• Credit bureau verification where legally permitted

Energy Panda does not guarantee that identity verification providers will always successfully authenticate a Customer.

You agree to reasonably cooperate with identity verification requests. Energy Panda may request:

• additional documentation
• updated identification
• proof of residency
• proof of authority
• utility bills
• verification calls
• additional electronic signatures

Failure to cooperate may delay or prevent the provision of Services.

Energy Panda maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Sensitive Personal Information.

Such safeguards may include:

• encryption during transmission
• encryption at rest
• secure cloud infrastructure
• access logging
• employee confidentiality requirements
• role-based permissions
• multi-factor authentication
• security monitoring
• vulnerability management
• vendor due diligence
• periodic security reviews

Energy Panda continually evaluates its security practices and may modify them without prior notice to improve the protection of customer information.

Access to Sensitive Personal Information is restricted to personnel, contractors, and authorized service providers who have a legitimate business need to access such information in connection with providing the Services.

Energy Panda maintains internal access controls intended to minimize unnecessary access to customer information.

Energy Panda seeks to collect only the information reasonably necessary to:

• verify identity
• administer subscriptions
• facilitate electricity enrollments
• communicate with customers
• comply with legal obligations
• prevent fraud
• improve the Services

Information that is no longer reasonably necessary may be securely deleted or anonymized in accordance with Energy Panda's data retention policies.

You are responsible for protecting your own Personal Information by:

• safeguarding Account credentials
• maintaining current contact information
• protecting devices used to access the Services
• promptly notifying Energy Panda of suspected fraud
• reporting unauthorized access

Energy Panda reserves the right to suspend, reject, delay, or terminate any Account or enrollment where fraud, identity theft, or other unlawful conduct is reasonably suspected. Energy Panda may cooperate with:

• law enforcement agencies
• Utility Providers
• Retail Electric Providers
• identity verification vendors
• governmental authorities
• financial institutions,

to investigate suspected fraud where legally permitted.

Although Energy Panda employs commercially reasonable safeguards designed to protect customer information, no method of electronic transmission, storage, or processing can be guaranteed to be completely secure. Accordingly, Energy Panda does not warrant or guarantee that unauthorized access, cyberattacks, data breaches, malware, ransomware, or other security incidents will never occur. To the fullest extent permitted by Applicable Law, Energy Panda disclaims liability for unauthorized access resulting from events beyond its reasonable control, provided that Energy Panda has implemented commercially reasonable safeguards and complied with its legal obligations.

If Energy Panda becomes aware of unauthorized access to Personal Information requiring notification under Applicable Law, Energy Panda will provide notice in accordance with applicable federal and state legal requirements. Nothing contained herein expands any notification obligations beyond those imposed by Applicable Law.

The obligations contained within this Article survive termination of the Services to the extent necessary to:

• comply with Applicable Law
• protect Energy Panda's legal rights
• investigate fraud
• maintain legally required records
• respond to governmental inquiries
• resolve disputes

By creating an Account, purchasing a Subscription, checking an acceptance box, clicking "I Agree," signing electronically, or otherwise using the Services, you expressly consent to conduct business with Energy Panda electronically.

You agree that Energy Panda may provide all agreements, disclosures, notices, authorizations, invoices, billing statements, renewal notices, confirmations, and other communications electronically unless Applicable Law requires otherwise.

You acknowledge and agree that your electronic signature has the same legal force and effect as a handwritten signature.

Without limitation, the following actions constitute your electronic signature when associated with your Account:

• Clicking "I Agree"
• Clicking "Accept"
• Checking an acceptance checkbox
• Typing your name into an electronic signature field
• Drawing your signature electronically
• Uploading a signed document
• Completing identity verification
• Completing the registration process
• Executing any electronic authorization through the Energy Panda platform

You waive any defense based solely upon the electronic nature of your signature.

Your consent applies to all electronic records relating to your relationship with Energy Panda, including:

• Terms of Service
• Privacy Policy
• Subscription Agreement
• Billing notices
• Payment receipts
• Utility Enrollment Authorization
• Limited Power of Attorney
• Renewal notices
• Contract confirmations
• Identity verification requests
• Customer support communications
• Security notifications
• Legal notices
• Arbitration notices
• Amendments to agreements
• Any future agreements governing the Services

Energy Panda may deliver electronic communications through one or more of the following methods:

• Email
• Customer Portal
• Website postings
• Mobile Application
• SMS text messages (where consent has been obtained)
• Push notifications
• Secure messaging center
• Electronic signature platform

Delivery shall be deemed effective when transmitted to the contact information associated with your Account.

You are solely responsible for maintaining current and accurate:

• Email address
• Telephone number
• Mailing address
• Preferred communication settings

Energy Panda is entitled to rely upon the contact information contained in your Account until updated by you.

Failure to receive a communication due to outdated contact information shall not invalidate the communication.

By consenting to receive electronic records, you represent that you have access to:

• A computer, tablet, or smartphone with internet access
• A modern web browser supporting current encryption standards
• A valid email account
• The ability to receive PDF documents or other commonly used electronic file formats
• Adequate storage or printing capability for retaining copies of electronic records

It is your responsibility to maintain the hardware and software necessary to access electronic communications.

You may request a paper copy of certain legally required communications by contacting Energy Panda. Energy Panda reserves the right to charge a reasonable administrative fee, where permitted by law, for providing paper copies. Certain records may only be available electronically if permitted by Applicable Law.

You may withdraw your consent to receive electronic communications at any time by providing written notice to Energy Panda. Withdrawal of consent:

• does not affect the validity of electronic records previously delivered
• does not invalidate prior electronic signatures
• may limit or terminate your ability to use certain Services that require electronic processing

Energy Panda will notify you if withdrawal of consent prevents continued use of the Services.

You agree to retain copies of all electronic agreements, disclosures, confirmations, invoices, and notices that are relevant to your relationship with Energy Panda. Energy Panda may also retain electronic records for legal, regulatory, operational, audit, and dispute-resolution purposes.

Nothing in this Article limits Energy Panda's ability to provide communications in any manner required by Applicable Law. If Applicable Law requires delivery by mail or another method, Energy Panda may use that method in addition to electronic delivery.

Certain communications relating to your Utility Account may be delivered directly by:

• Retail Electric Providers
• Utility Providers
• Payment processors
• Identity verification vendors
• Other authorized service providers

Energy Panda is not responsible for the timing, accuracy, or delivery of communications issued independently by Third-Party Providers.

You acknowledge that Energy Panda may maintain electronic records documenting:

• Acceptance of agreements
• Date and time of acceptance
• IP address
• Browser and device information
• Account identifiers
• Authentication methods
• Identity verification status
• Electronic signature logs

Such records may be used as evidence in any administrative, regulatory, judicial, or arbitration proceeding.

You agree not to deny the validity or enforceability of any agreement solely because it was executed electronically. Electronic records maintained by Energy Panda in the ordinary course of business shall be presumed authentic unless proven otherwise by competent evidence.

This Article survives termination of your Account to the extent necessary to enforce electronic agreements, preserve records, resolve disputes, or comply with Applicable Law.

Access to certain Services offered by Energy Panda requires the purchase of a recurring paid Subscription. Your Subscription grants access only to the Services included within your selected subscription plan. Subscription fees are separate from:

• electricity charges
• utility delivery charges
• taxes
• deposits
• Retail Electric Provider charges
• Transmission and Distribution Utility charges
• governmental fees
• or any other third-party charges

Unless otherwise stated in writing by Energy Panda, the Subscription fee shall be the amount displayed during checkout. As of the Effective Date of these Terms, the standard monthly subscription fee is: Nine Dollars and Ninety-Nine Cents (US $9.99) per month Energy Panda reserves the right to offer promotional pricing, discounts, referral incentives, bundled offerings, or alternative subscription plans at its sole discretion.

By purchasing a Subscription, you authorize Energy Panda and its authorized payment processors to:

• charge your designated payment method
• initiate recurring subscription charges
• collect applicable taxes
• recover past due subscription amounts
• process refunds when applicable
• verify payment information
• update payment credentials through authorized account updater services where available

This authorization remains in effect until your Subscription is canceled in accordance with these Terms.

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL BEFORE THE NEXT RENEWAL DATE.

By purchasing a Subscription, you expressly authorize Energy Panda to automatically renew your Subscription using your designated payment method. Each renewal constitutes a continuation of the existing Subscription rather than a new agreement.

Subscription fees may be billed:

• monthly
• annually
• or under another billing interval selected during enrollment

Recurring billing shall occur on or about the anniversary date of the original Subscription purchase unless otherwise disclosed. Minor variations in billing dates caused by weekends, holidays, payment processor delays, or calendar differences shall not constitute a breach of these Terms.

Subscription fees do not include applicable:

• sales tax
• use tax
• value-added tax (where applicable)
• governmental assessments
• or similar charges

Where required by Applicable Law, Energy Panda will collect and remit applicable taxes.

Energy Panda may utilize one or more independent third-party payment processors to process subscription payments.

Payment processing services may be provided by companies such as:

• Stripe
• PayPal
• Authorize.net
• or other payment service providers selected by Energy Panda

Energy Panda does not store full payment card information unless expressly disclosed.

You agree to maintain a valid payment method throughout the duration of your Subscription.

Accepted payment methods may include:

• credit cards
• debit cards
• ACH transfers
• digital wallets
• other payment methods approved by Energy Panda

You authorize Energy Panda to update expired payment credentials through authorized payment network account updater services where available.

If a payment cannot be successfully processed, Energy Panda may:

• retry the transaction
• notify you of the failed payment
• suspend portions of the Services
• restrict access to your Account
• charge the updated payment method on file
• terminate your Subscription after reasonable collection efforts

Energy Panda shall not be liable for interruptions caused by failed payments.

If your Subscription becomes delinquent, Energy Panda reserves the right to:

• suspend your Subscription
• terminate your Account
• deny future access to the Services
• refer unpaid balances for collection
• pursue any remedies available under Applicable Law

You remain responsible for all amounts lawfully owed.

Energy Panda reserves the right to modify Subscription pricing. If Energy Panda increases the Subscription fee, it will provide reasonable advance notice before the increased fee becomes effective. Continued use of the Services after the effective date of the new pricing constitutes acceptance of the revised Subscription fee.

Energy Panda may offer:

• introductory pricing
• referral incentives
• promotional discounts
• seasonal offers
• bundled pricing

Unless otherwise disclosed, promotional pricing automatically converts to the standard Subscription fee upon expiration of the promotional period.

Unless expressly stated otherwise by Energy Panda or required by Applicable Law:

• Subscription fees are not prorated
• partial billing periods are not refunded
• unused portions of a billing cycle have no cash value

If you initiate a chargeback, payment dispute, or reversal through your financial institution, Energy Panda reserves the right to:

• suspend your Subscription
• terminate your Account
• deny future access to the Services
• dispute the chargeback with supporting documentation
• recover unpaid amounts to the extent permitted by law

Nothing in this section limits any rights you may have under applicable consumer protection laws.

To the extent permitted by Applicable Law, you agree to reimburse Energy Panda for reasonable costs incurred in collecting undisputed past-due Subscription amounts, including:

• collection agency fees
• court costs
• reasonable attorneys' fees where recoverable
• administrative expenses

You may cancel your Subscription at any time through:

• your Customer Portal
• the Energy Panda website
• or by contacting Customer Support using approved methods

Cancellation becomes effective at the end of the current paid billing period unless otherwise required by Applicable Law. Cancellation does not automatically terminate any electricity agreement you have entered into with a Retail Electric Provider.

Upon cancellation:

• recurring billing will cease after the current paid billing period
• access to Subscription Services may terminate at the end of that billing period
• Energy Panda may retain records as required by law or its Privacy Policy
• certain provisions of these Terms survive termination

Energy Panda may suspend access to the Services if:

• payment fails
• fraud is suspected
• these Terms are violated
• security concerns arise
• continued access presents operational or legal risks

Suspension does not relieve you of payment obligations that accrued before the suspension.

Energy Panda's decision to delay enforcing payment obligations shall not constitute a waiver of its rights to collect outstanding amounts.

This Article survives termination of these Terms to the extent necessary to:

• collect unpaid Subscription fees
• resolve payment disputes
• enforce contractual rights
• comply with Applicable Law

You agree to use the Services solely for lawful purposes and in accordance with:

• These Terms
• Applicable Law
• Utility regulations
• Applicable payment network rules
• Third-party provider requirements

You may not use the Services in any manner that interferes with Energy Panda's operations or infringes upon the rights of others.

Throughout your Subscription you agree to:

• maintain accurate Account information
• promptly update your contact information
• protect your login credentials
• cooperate with verification requests
• maintain a valid payment method
• notify Energy Panda of unauthorized Account activity
• comply with all applicable electricity provider requirements
• review important legal notices delivered electronically

You remain responsible for all activities occurring under your Account unless prohibited by Applicable Law.

You agree to immediately notify Energy Panda if:

• your password is compromised
• unauthorized access occurs
• your payment method is stolen
• your email address is compromised
• fraudulent activity is suspected

Energy Panda may suspend your Account until the security concern has been resolved.

You agree that you will not:

• impersonate another individual
• create fraudulent Accounts
• submit false identification
• submit false utility information
• provide misleading enrollment information
• violate Applicable Law
• interfere with another Customer's use of the Services
• circumvent Energy Panda's security measures
• attempt unauthorized access
• use stolen payment methods
• commit identity theft
• engage in fraudulent utility enrollments
• misuse Energy Panda's trademarks
• upload malicious software

Except as expressly authorized in writing by Energy Panda, you may not:

• scrape the website
• crawl the platform
• use bots
• use spiders
• use automated data collection tools
• harvest customer information
• mine pricing information
• extract databases
• copy provider pricing

You shall not:

• reverse engineer
• decompile
• disassemble
• decode
• modify
• reproduce
• duplicate
• create derivative works from
• attempt to discover the source code of

any portion of the Energy Panda platform except where expressly permitted by Applicable Law.

Energy Panda's proprietary systems include, without limitation:

• pricing algorithms
• enrollment automation
• recommendation engines
• software architecture
• databases
• APIs
• business methods
• customer workflows
• automation logic
• market analysis tools

You acquire no ownership interest in any proprietary system through your use of the Services.

Unless expressly authorized in writing, you may not:

• resell the Services
• sublicense the Services
• provide the Services to third parties
• white-label the platform
• use the Services for commercial brokerage activities
• compete using Energy Panda's proprietary information

You may not collect, copy, reproduce, download, or distribute:

• provider pricing databases
• customer lists
• usage history
• website content
• software code
• screenshots for commercial purposes
• proprietary market intelligence

You agree not to:

• probe Energy Panda's infrastructure
• perform penetration testing without authorization
• exploit software vulnerabilities
• introduce malware
• launch denial-of-service attacks
• interfere with security monitoring
• bypass authentication controls

Unauthorized security testing is strictly prohibited.

All right, title, and interest in the Services remain the exclusive property of Energy Panda.

Protected property includes:

• software
• source code
• object code
• trademarks
• service marks
• logos
• copyrights
• graphics
• text
• videos
• databases
• workflows
• artificial intelligence models
• proprietary methodologies
• documentation

Nothing contained in these Terms transfers ownership to the Customer.

If you voluntarily provide:

• suggestions
• ideas
• feature requests
• software improvements
• comments
• bug reports

you grant Energy Panda a perpetual, irrevocable, worldwide, royalty-free license to use such feedback without compensation.

To protect the Services, Energy Panda reserves the right, consistent with Applicable Law, to monitor:

• Account activity
• login attempts
• system usage
• fraud indicators
• security events
• abuse of the platform

Monitoring may be conducted using automated or manual methods.

Energy Panda may immediately suspend or restrict access if it reasonably believes:

• fraud has occurred
• these Terms have been violated
• security has been compromised
• criminal activity is suspected
• continued access creates legal or operational risk

Energy Panda shall not be liable for losses resulting from lawful suspension.

Energy Panda may permanently terminate an Account if the Customer:

• repeatedly violates these Terms
• engages in fraud
• abuses Customer Support
• misuses proprietary information
• attacks Energy Panda's systems
• infringes intellectual property rights
• uses the Services for unlawful purposes

Termination under this section does not waive Energy Panda's right to pursue additional legal remedies.

Energy Panda reserves all rights not expressly granted under these Terms. No implied licenses are granted.

You acknowledge that unauthorized use of Energy Panda's proprietary technology, confidential information, intellectual property, or customer data may cause irreparable harm for which monetary damages alone would be inadequate. Accordingly, in addition to any other remedies available at law or in equity, Energy Panda shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, or other equitable remedies without the necessity of posting bond, to the extent permitted by Applicable Law.

The obligations contained in this Article survive termination of these Terms, including provisions relating to:

• confidentiality
• intellectual property
• proprietary information
• feedback licenses
• injunctive relief
• restrictions on reverse engineering
• prohibited conduct occurring prior to termination

Except as expressly stated in these Terms or where prohibited by Applicable Law, the Services are provided on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis.

Energy Panda makes no representation or warranty that the Services will always be uninterrupted, error-free, secure, or available at all times.

Energy Panda is an electricity management and subscription service.

Energy Panda does not guarantee that:

• you will obtain the lowest available electricity rate
• you will save money
• electricity prices will decrease
• a provider will approve your enrollment
• market conditions will remain favorable
• future pricing will outperform existing contracts
• any specific financial outcome will occur

Savings, if any, depend upon market conditions, utility pricing, customer usage patterns, regulatory changes, provider offerings, and numerous factors outside Energy Panda's control.

Electricity markets are dynamic and subject to continual fluctuations.

Energy Panda makes no warranty regarding:

• future wholesale prices
• retail electricity pricing
• congestion pricing
• transmission costs
• regulatory changes
• ERCOT market conditions
• fuel prices
• weather events
• geopolitical events
• economic conditions
• utility infrastructure

The Services are intended for informational and electricity management purposes only.

Nothing provided by Energy Panda constitutes:

• legal advice
• tax advice
• accounting advice
• investment advice
• engineering advice
• financial planning
• insurance advice

Customers should consult their own qualified professional advisors regarding matters outside the scope of the Services.

Energy Panda is not responsible for the acts, omissions, products, services, pricing, billing, or performance of:

• Retail Electric Providers
• Transmission and Distribution Utilities
• payment processors
• identity verification vendors
• telecommunications providers
• internet service providers
• cloud hosting providers
• third-party software vendors
• governmental agencies

Each third-party provider remains solely responsible for its own services and obligations.

Energy Panda does not generate, transmit, distribute, or deliver electricity.

Energy Panda is not responsible for:

• power outages
• brownouts
• blackouts
• service interruptions
• emergency load shedding
• transmission failures
• meter failures
• utility maintenance
• natural disasters affecting electric service

Although Energy Panda strives to maintain continuous platform availability, the Services may become unavailable due to:

• scheduled maintenance
• emergency maintenance
• software upgrades
• internet disruptions
• cyberattacks
• third-party outages
• force majeure events

Temporary interruptions do not constitute a breach of these Terms.

Energy Panda relies in part upon information received from:

• customers
• Utility Providers
• Retail Electric Providers
• third-party data vendors
• governmental databases

Energy Panda does not warrant that all third-party information is complete, current, or free from error.

Customers remain responsible for reviewing enrollment confirmations and contract documents before they become effective.

Energy Panda does not warrant that:

• software defects will never occur
• errors will always be corrected immediately
• viruses or malicious code will never exist
• security incidents will never occur
• data transmissions will always be uninterrupted

Reasonable efforts will be made to maintain the integrity and security of the Services.

To the fullest extent permitted by Applicable Law, Energy Panda disclaims all implied warranties, including, without limitation:

• merchantability
• fitness for a particular purpose
• title
• non-infringement
• uninterrupted enjoyment
• accuracy
• reliability
• availability

Nothing in this section limits any non-waivable rights provided under Applicable Law.

You remain solely responsible for your decisions regarding:

• electricity contracts
• provider selection
• contract terms
• consumption patterns
• cancellation decisions
• enrollment timing
• payment of utility bills

Energy Panda provides tools and assistance but does not make decisions on your behalf except as expressly authorized by you.

Your use of the Services does not create:

• a fiduciary relationship
• an agency relationship beyond any expressly granted enrollment authorization
• a partnership
• a joint venture
• an employment relationship

Energy Panda acts solely as a subscription service provider except where expressly authorized by separate written agreement.

Energy Panda shall not be liable for any delay or failure to perform caused by events beyond its reasonable control, including:

• natural disasters
• hurricanes
• floods
• fires
• pandemics
• war
• terrorism
• cyberattacks
• labor disputes
• governmental actions
• utility failures
• internet outages
• failures of third-party service providers
• acts of God

Performance shall be excused for the duration of such event to the extent permitted by Applicable Law.

No statement, marketing material, website content, demonstration, customer testimonial, or promotional communication shall create any warranty unless expressly incorporated into these Terms in writing.

The disclaimers and warranty limitations contained in this Article survive termination of these Terms to the fullest extent permitted by Applicable Law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENERGY PANDA, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR REQUIRED BY LAW.

Nothing in this Article limits liability that cannot legally be limited under Applicable Law.

To the fullest extent permitted by Applicable Law, Energy Panda shall not be liable for any:

• indirect damages
• incidental damages
• consequential damages
• special damages
• exemplary damages
• punitive damages
• speculative damages
• lost profits
• lost business opportunities
• lost goodwill
• lost revenue
• loss of anticipated savings
• loss of data
• business interruption
• loss of use

This limitation applies regardless of the legal theory asserted, including contract, tort, negligence, strict liability, or otherwise.

To the fullest extent permitted by Applicable Law, Energy Panda's aggregate liability arising out of or relating to the Services shall not exceed the greater of:

1. the total Subscription Fees actually paid by you to Energy Panda during the twelve (12) months immediately preceding the event giving rise to the claim; or
2. One Hundred U.S. Dollars (US $100.00)

This limitation does not apply where prohibited by law or to liability that cannot legally be limited.

Energy Panda shall not be liable for:

• provider enrollment denials
• provider cancellations
• credit decisions
• security deposit requirements
• utility billing disputes
• transmission charges
• outages
• meter inaccuracies
• provider insolvency
• governmental actions affecting electricity markets

Such matters remain the responsibility of the applicable Utility Provider or Retail Electric Provider.

You acknowledge that electricity markets fluctuate and accept all market-related risks associated with electricity pricing.

Energy Panda shall not be liable for:

• increases in electricity prices
• unfavorable market timing
• future price movements
• regulatory pricing changes
• wholesale market volatility
• fuel price increases
• weather-related price events

To the fullest extent permitted by Applicable Law, you release and discharge Energy Panda from claims arising solely from:

• provider pricing decisions
• utility operations
• service interruptions
• transmission failures
• governmental regulation
• market volatility
• acts of third parties beyond Energy Panda's reasonable control

This release does not apply to claims arising from Energy Panda's fraud, gross negligence, willful misconduct, or other liability that cannot legally be waived.

You agree to defend (where legally permitted), indemnify, and hold harmless Energy Panda and its parent companies, subsidiaries, Affiliates, officers, directors, managers, members, employees, contractors, agents, successors, and assigns from and against any third-party claims, demands, actions, damages, judgments, settlements, losses, liabilities, costs, and reasonable attorneys' fees arising out of or relating to:

• your breach of these Terms
• inaccurate or false information you provide
• your misuse of the Services
• your violation of Applicable Law
• infringement of another person's rights
• fraudulent conduct
• unauthorized use of another person's identity or Utility Account
• your negligence or willful misconduct

This indemnification obligation survives termination of these Terms.

If Energy Panda seeks indemnification under this Article, you agree to reasonably cooperate in the defense, investigation, or resolution of the applicable claim, including providing relevant information within your possession or control.

Each party agrees to use commercially reasonable efforts to mitigate its damages following any event giving rise to a claim.

Failure to mitigate damages may reduce recoverable amounts to the extent permitted by Applicable Law.

Energy Panda shall not be liable for failures caused by:

• internet providers
• cloud hosting providers
• payment processors
• identity verification vendors
• utility software systems
• banking institutions
• telecommunications providers
• governmental systems
• third-party APIs
• cybersecurity incidents affecting third-party providers

You remain solely responsible for:

• reviewing electricity contract terms
• understanding provider cancellation policies
• paying electricity bills
• complying with provider requirements
• maintaining your Utility Account

Energy Panda is not a party to your electricity supply agreement unless expressly stated in writing.

Nothing contained in this Article shall:

• limit liability for fraud
• limit liability for intentional misconduct
• limit liability for gross negligence where prohibited
• waive non-waivable statutory rights
• limit liability that Applicable Law prohibits from being limited

If any portion of this Article is determined unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.

To the fullest extent permitted by Applicable Law, any claim arising out of or relating to the Services must be commenced within one (1) year after the claim arises or reasonably should have been discovered. This limitation does not apply where a longer period is required by Applicable Law.

Except where prohibited by Applicable Law, the remedies expressly provided in these Terms are the exclusive remedies available to the parties for claims arising out of or relating to the Services.

The provisions of this Article survive the termination or expiration of these Terms, including all limitations of liability, releases, indemnification obligations, and any claims arising from events occurring before termination.

Energy Panda values prompt and fair resolution of disputes.

Before initiating arbitration or filing any legal action, you agree to first notify Energy Panda in writing of the dispute and provide a reasonable opportunity to resolve the matter informally.

The notice shall include:

• your name
• your Account email address
• a description of the dispute
• supporting documentation, if applicable
• the relief requested

The parties agree to make a good-faith effort to resolve the dispute within thirty (30) days after receipt of the notice.

Nothing in this Section prevents either party from seeking emergency equitable relief where legally appropriate.

Except where prohibited by Applicable Law, any dispute, claim, or controversy arising out of or relating to:

• these Terms
• the Services
• your Subscription
• billing
• renewals
• privacy
• data collection
• identity verification
• electricity enrollments
• use of the Energy Panda platform

shall be resolved exclusively through final and binding arbitration, rather than in court.

This agreement to arbitrate shall be governed by the Federal Arbitration Act (FAA).

Arbitration shall apply to all claims, including, without limitation:

• breach of contract
• negligence
• fraud
• statutory claims
• consumer protection claims
• privacy claims
• data security claims
• tort claims
• equitable claims

The arbitrator shall have exclusive authority to determine the scope and enforceability of this arbitration agreement, except where Applicable Law provides otherwise.

Unless the parties mutually agree otherwise, arbitration shall be administered by a nationally recognized arbitration organization under its applicable consumer arbitration rules in effect at the time the arbitration is commenced.

If the designated arbitration administrator is unavailable or unwilling to administer the dispute, the parties shall mutually select another nationally recognized arbitration organization. If the parties cannot agree, a court of competent jurisdiction may appoint an appropriate administrator solely for that purpose.

Unless otherwise required by Applicable Law or mutually agreed by the parties, arbitration shall occur:

• remotely by video conference
• by written submissions
• or in a mutually agreed location

If an in-person hearing is required, the default location shall be Dallas County, Texas, unless Applicable Law requires another venue.

YOU AND ENERGY PANDA AGREE THAT ALL CLAIMS SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

Neither party may participate as:

• a class representative
• class member
• private attorney general
• representative plaintiff
• consolidated claimant

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN:

• CLASS ACTIONS

The arbitrator may award relief only to the individual party seeking relief. If this class action waiver is found unenforceable with respect to a particular claim, that claim shall proceed only as required by Applicable Law, and the remainder of this Article shall remain in effect to the fullest extent possible.

Nothing in this Article prevents either party from bringing an eligible individual claim in a court of competent small claims jurisdiction, provided the claim remains within that court's monetary and procedural limits.

Notwithstanding the agreement to arbitrate, Energy Panda may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to protect:

• confidential information
• intellectual property
• proprietary software
• customer data
• trademarks
• copyrights
• trade secrets
• other rights for which monetary damages alone would be inadequate

Seeking such relief does not waive the obligation to arbitrate all remaining claims.

Allocation of arbitration filing fees, administrative costs, and arbitrator compensation shall be determined in accordance with the applicable arbitration rules and Applicable Law. Each party shall generally bear its own attorneys' fees unless a statute, contract, or arbitrator's award provides otherwise.

Unless disclosure is required by law or necessary to enforce or challenge an arbitration award, the parties agree to maintain the confidentiality of:

• arbitration proceedings
• filings
• testimony
• evidence
• awards
• settlement discussions

This provision does not prohibit disclosures to legal counsel, accountants, insurers, or governmental authorities where legally required.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles, except to the extent superseded by applicable federal law, including the Federal Arbitration Act.

If any portion of this Article is determined to be invalid or unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by Applicable Law. Any unenforceable provision shall be modified only to the minimum extent necessary to make it enforceable.

This Article survives termination of your Account, Subscription, and these Terms. The obligation to arbitrate applies to disputes arising before, during, or after termination of the Services, to the extent permitted by Applicable Law.

These Terms, together with the Privacy Policy, Subscription Agreement, Utility Enrollment Authorization, Limited Power of Attorney (if applicable), Electronic Communications Consent, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Energy Panda regarding the Services.

These documents supersede all prior or contemporaneous discussions, proposals, representations, understandings, and agreements relating to the Services.

Energy Panda reserves the right to modify these Terms from time to time.

If a material change is made, Energy Panda will provide notice through one or more of the following methods:

• Email
• Customer Portal
• Website notice
• Mobile application
• Other reasonable electronic means

Unless Applicable Law requires additional consent, continued use of the Services after the effective date of revised Terms constitutes acceptance of the updated Terms.

Where Applicable Law requires affirmative consent for certain changes, Energy Panda will obtain such consent before the changes become effective.

You may not assign, delegate, transfer, or sublicense any rights or obligations under these Terms without the prior written consent of Energy Panda.

Energy Panda may assign or transfer these Terms, in whole or in part, in connection with:

• a merger
• acquisition
• corporate reorganization
• sale of assets
• financing transaction
• change of control
• or by operation of law

These Terms shall bind and benefit the parties and their respective successors and permitted assigns.

Failure by Energy Panda to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of Energy Panda. A waiver of one breach shall not constitute a waiver of any subsequent breach.

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified only to the minimum extent necessary to make it enforceable. If modification is not possible, the invalid provision shall be severed, and the remaining provisions shall remain in full force and effect.

Nothing contained in these Terms creates:

• an employment relationship
• a partnership
• a joint venture
• a franchise
• a fiduciary relationship
• an agency relationship except as expressly authorized in writing for limited enrollment activities

Each party acts as an independent contracting party.

Except as expressly stated in these Terms, no person or entity other than the parties shall have any rights or remedies under these Terms. Nothing herein creates third-party beneficiary rights in favor of any Utility Provider, Retail Electric Provider, payment processor, or other service provider.

Section titles and headings are provided solely for convenience and shall not affect the interpretation of these Terms.

Unless the context clearly indicates otherwise:

• singular includes the plural
• plural includes the singular
• "including" means "including without limitation"
• references to statutes include amendments and successor laws
• references to persons include legal entities where appropriate

Any ambiguity shall not be construed against either party solely because one party drafted these Terms.

Energy Panda intends to operate in compliance with Applicable Law. If any provision conflicts with Applicable Law, that provision shall be interpreted or modified only to the extent necessary to comply with Applicable Law while preserving the parties' intent as closely as possible.

Energy Panda may provide notices by:

• Email
• Customer Portal
• Website posting
• SMS (where consent has been provided)
• Push notification
• First-class mail where required by law

Notice is deemed given upon transmission electronically or, for mailed notices, upon deposit with the United States Postal Service, unless Applicable Law requires a different standard.

Any legal notice required under these Terms shall be sent to the address or email designated by Energy Panda on its official website or in another official communication. Energy Panda may update its notice information by posting revised contact information on its website.

Electronic copies of these Terms shall be deemed originals for all legal purposes. Printed copies of electronically stored agreements may be admitted as evidence to the fullest extent permitted by Applicable Law.

Any provision that by its nature should survive termination shall remain in effect, including provisions relating to:

• payment obligations
• confidentiality
• intellectual property
• dispute resolution
• arbitration
• indemnification
• limitation of liability
• data retention
• audit rights
• recordkeeping

These Terms become effective upon the earliest of:

• your acceptance of these Terms
• creation of your Account
• purchase of a Subscription
• use of the Services

Your continued use of the Services constitutes ongoing acceptance of these Terms.