Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Energy Panda (“Energy Panda,” “we,” “us”). By creating an account, purchasing a membership, submitting your information for enrollment, or otherwise using our website or services (the “Services”), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

You subscribe, we find you an electricity plan, and we enroll you on it. In practice that means we review plans available for your service address, select one on your behalf, verify your identity, and submit an enrollment request to the retail electric provider (REP) that offers it.

We are not a retail electric provider, a transmission and distribution utility (TDU), or a public utility. We do not generate, transmit, distribute, or sell electricity, and we do not set the rates you pay for it. Electricity is sold to you by the REP, under that REP’s own contract, Terms of Service, Electricity Facts Label, and Your Rights as a Customer disclosure. Those documents govern your electricity service; these Terms govern your relationship with us.

• You are at least 18 years old and able to form a binding contract.
• You are the account holder for the service address you submit, or you have the legal authority to authorize a change of electricity service for it.
• The service address is in an area of Texas open to retail electric competition.
• The information you provide is accurate, current, complete, and your own.

When you complete a signup you provide an electronic signature. That signature authorizes Energy Panda to act as your limited agent for the sole purpose of:

• reviewing electricity plans available for your service address and selecting one on your behalf using our reasonable judgment;
• verifying your identity, including by submitting your information to a REP for verification or a credit check;
• submitting an enrollment or switch request to that REP, and providing it and the applicable TDU with the information required to process it;
• obtaining information about your service address, meter (ESIID), and existing service in order to complete the enrollment; and
• communicating with the REP and TDU about the status of that request.

The scope is limited to the list above. We do not enter agreements in your name beyond the enrollment described here, do not change your plan afterward without your instruction, and do not act for you in any other matter.

Electronic signatures and records. You consent to transact with us electronically and agree that your electronic signature has the same legal effect as a handwritten one under the federal E-SIGN Act and the Texas Uniform Electronic Transactions Act. You confirm you are able to access and retain electronic records. You may withdraw this consent by contacting support@energypanda.com, though we cannot provide the Services without it.

Revocation.You may revoke this authorization at any time by emailing support@energypanda.com. Revocation applies going forward. It does not unwind an enrollment already submitted or a contract already formed with a REP — those must be addressed with the REP directly, on that REP’s terms.

REPs are required to verify who is requesting service. To meet that requirement we collect identifying information — which may include your date of birth, driver’s license number, and Social Security number — and transmit what is necessary to the REP. A REP may run a credit check, which can affect the plan available to you, require a deposit, or result in refusal of service.

If you decline to provide information required for verification, or if verification fails, we may be unable to enroll you.

• Membership fees are shown at checkout before you pay. They are separate from, and in addition to, what a REP charges you for electricity.
• Payment is processed by Stripe. We do not store your full card number.
• Your membership renews automatically at the then-current price for successive terms until you cancel.
• If a charge fails we may retry it, suspend the membership, or terminate it.
• You may cancel any time from your account dashboard or by emailing support@energypanda.com. Cancelling stops future renewals. It does not cancel your electricity contract with your REP, which continues on that REP's terms.

Your membership fee pays for the service of finding a plan, verifying your identity, and submitting an enrollment request on your behalf. It does not purchase electricity, and it does not guarantee that you will be enrolled.

Enrollment is granted by a REP, not by us, and can be delayed, refused, or reversed for reasons outside our control — including failed identity verification, the result of a credit check, a deposit requirement you decline, an existing contract or early termination fee at your address, a meter that is not eligible or serviceable, non-payment history with a provider, or a REP’s own underwriting decision.

If an enrollment is refused, we will tell you and may attempt an alternative plan or provider where one is available. We are not obligated to obtain enrollment, and membership fees are not automatically refundable because a REP declined you — the work the fee pays for has been performed. We may issue a refund or credit at our discretion, and will do so where the law requires it.

Everything we submit on your behalf comes from what you give us. You are responsible for its accuracy and for having the authority to provide it.

If the information you supply is inaccurate, incomplete, outdated, or belongs to someone else, the enrollment may be delayed, rejected, applied to the wrong address or meter, or later reversed. You are responsible for the consequences, which may include charges from a REP or TDU, early termination fees, a lapse in service, or a switch-hold. We are not liable for outcomes caused by information you provided incorrectly, and fees are not refundable on that basis.

If we detect a mismatch, we may ask you to confirm or correct the information before proceeding. Responding promptly is your responsibility; enrollment windows and plan availability can lapse while we wait.

Submitting another person’s identifying information without their authorization is a material breach of these Terms, may be unlawful, and will result in termination without refund.

Savings figures, rate comparisons, calculator outputs, and projections are estimates generated from information you supply and third-party market data. They are not offers, quotes, guarantees, or predictions of actual savings.

Your actual cost depends on your consumption, your TDU’s delivery charges, taxes and fees, market conditions, and the plan terms. We do not guarantee that you will save money, that any particular plan will be selected, or that a selected plan will be the cheapest available.

We may receive compensation from retail electric providers in connection with enrollments we submit, in addition to the membership fee you pay us. This creates a potential conflict of interest, and we disclose it so you can weigh our recommendations accordingly.

We select plans using our reasonable judgment on your behalf. We do not represent that a selected plan is the lowest-priced plan available in the market, or that we have evaluated every plan offered by every provider.

We do not control REPs, TDUs, payment processors, or other third parties, and we are not responsible for their acts or omissions — including billing errors, service interruptions, enrollment delays or rejections, deposit requirements, contract terms, early termination fees, or changes a provider makes to your plan. Disputes about your electricity service are between you and your REP.

• Keep your account credentials confidential and tell us promptly of any unauthorized use.
• Respond to requests to verify or correct information.
• Do not misuse the Services: no unlawful use, no attempts to breach security or access data that is not yours, no scraping or automated access without our written permission, no reverse engineering, and no submitting another person's information without their authorization.

The Services, including their content, software, design, and marks, are owned by Energy Panda or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for your own personal, non-commercial purposes. All other rights are reserved.

To the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that information obtained through them is accurate or complete.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is so, the exclusions apply only to the extent permitted, and nothing in these Terms limits a right you have that cannot be limited by law.

To the fullest extent permitted by law, neither Energy Panda nor its officers, employees, or agents will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost savings, lost data, or business interruption, arising out of or relating to the Services — even if advised of the possibility.

Our total aggregate liability for all claims relating to the Services will not exceed the greater of (a) the membership fees you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

These limits do not applyto liability for gross negligence, willful misconduct, fraud, death or personal injury caused by our negligence, or any other liability that cannot lawfully be limited. Nothing in this section limits rights under the Texas Deceptive Trade Practices–Consumer Protection Act or other consumer protection statutes to the extent those rights cannot be waived.

You agree to indemnify and hold Energy Panda harmless from claims, losses, and reasonable legal fees arising out of your breach of these Terms, information you submitted that was inaccurate or that you were not authorized to provide, your misuse of the Services, or your violation of law. We will notify you of any such claim and you may control the defense with counsel reasonably acceptable to us.

Please read this section carefully — it affects how disputes are resolved.

First, contact us at support@energypanda.com. Most issues resolve informally, and we ask that you give us 30 days to try.

If we cannot resolve it, you and Energy Panda agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Dallas County, Texas or conducted remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. Disputes will be arbitrated only on an individual basis. You and Energy Panda waive any right to bring or participate in a class, collective, consolidated, or representative action.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or prevent unauthorized access.

Your right to opt out.You may reject this arbitration agreement by emailing support@energypanda.com with the subject “Arbitration Opt-Out” within 30 days of first accepting these Terms. Opting out affects nothing else in these Terms.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Where a dispute proceeds in court rather than arbitration, the state and federal courts located in Dallas County, Texas have exclusive jurisdiction, and both parties consent to venue there.

• We may modify these Terms. Material changes take effect when posted with an updated date, and continued use after that is acceptance. If you do not agree, cancel your membership.
• We may suspend or terminate your access for breach, suspected fraud, or as required by law. Provisions that by their nature should survive termination do so.
• If any provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest remains in force.
• Our failure to enforce a provision is not a waiver of it.
• You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
• Neither party is liable for delays caused by events beyond its reasonable control.
• These Terms and the Privacy Policy are the entire agreement between you and Energy Panda regarding the Services.

Energy Panda
Dallas, Texas
support@energypanda.com