Use of the Services
The Services constitute an energy and resource information management service that enables users to consolidate and track their energy and resource consumption information. The Services include the ability to have an energy efficiency program administrator, facility contractor, or other service provider (collectively “Program Administrator”) view your energy usage data on your behalf with your permission. Your right to access and use the Services is personal to you and is not transferable. The Services may only be used for lawful purposes. You must be 18 years or older to use the Services, or have the expressed consent of a parent or legal guardian who assumes full responsibility for your use of the Services under the terms of this Agreement. You understand that your access to the Services and use of the Services may be interrupted for maintenance, repair, upgrading or any other reason subject to the discretion of Enpira. By providing your email address, you agree to receive all required notices electronically to that email address. It is your responsibility to update or change that email address as appropriate.
The Services are intended to assist you in managing your facility’s energy and resource consumption. The Services may complement but in no case replaces a professional energy audit. Enpira is in no way responsible for any decisions taken as a consequence of the use of the Services.
Enpira will collect and store personal information about you and your facility ("Information"). You agree to provide and maintain accurate and complete Information in the Services. You affirm that you consent to Enpira’s collection, storage and use of your Information pursuant to the terms of this Agreement. You agree and understand that you are responsible for maintaining the confidentiality of your account password which, along with your email address, enables your access to the Services therein.
Privacy and Security
Enpira is committed to maintaining the confidentiality and security of personal information about the users of the Services and of their facilities from unauthorized users. Enpira takes appropriate precautions to ensure that personal information is stored securely and with access restricted. Enpira reserves the right to use your anonymised Information for purposes such as scientific studies, educational presentations, or the testing of new Services. Enpira also reserves the right to use your generalized Information to market to you or enable the marketing to you of products and services with the intention of lowering your facility’s energy usage.
By creating an account through a website hosted by Enpira but with the branding of an external party, you are granting permission to a Program Administrator to access and copy your account information. The Program Administrator, however, will not have the ability to see any of the passwords that you use, and will not have the ability to modify the email addresses, usernames, or passwords that you use to access any of your accounts.
Enpira is not responsible for the conduct of Program Administrators. Enpira cannot be held liable for any action taken by a Program Administrator that compromises user data. Granting permission to a Program Administrator to access account information is performed at your sole discretion.
Notwithstanding the foregoing, Enpira reserves the right to disclose your personal information if required to do so by an applicable law enforcement agency or legal process, or to prevent prohibited or illegal activity.
Information within Enpira
Enpira cannot guarantee the accuracy or timeliness of information within the Services and is not liable for any data errors. Enpira cannot guarantee that the Services are compatible with all devices or internet browsers. Enpira cannot guarantee that data is stored indefinitely and is not responsible for any loss of user data.
Rights You Grant
By submitting Information, including email addresses, account numbers, names, passwords, and other log-in credentials, you are licensing that content to Enpira solely for the purpose of providing the Services. By submitting this content to Enpira, you represent that you are entitled to submit it to Enpira for use for this purpose, without any limitations or obligations by Enpira to pay any fees. By using the Services, you expressly authorize Enpira to access your account information maintained by identified third parties, on your behalf as your agent. Enpira will submit information including usernames and passwords that you provide directly to the websites of your electric, gas and water utilities for the purpose of logging into the site and retrieving utility bill information. You hereby authorize and permit Enpira to use and store information submitted by you in order to provide the Services and to enable the Services to be compatible with the third party sites for which you submit your information. For the purposes of this Agreement, you grant Enpira a limited power of attorney and appoint Enpira as your legal agent to access third party sites and to retrieve and use your information contained therein at Enpira’s discretion.
Intellectual Property Rights
With the sole exception of user information, all contents of the Services are the intellectual property of Enpira or third parties, and are protected under applicable intellectual property laws. Any reproduction of any content from the Services for any purpose other than those in this Agreement is prohibited without the prior consent of Enpira.
Interference with Enpira
You agree that you will not use any form of automated data gathering to access or copy any part of Enpira. You agree that you will not upload or transmit in any way any file which contains anything other than information required to deliver the Services. Any attempt to upload or transmit any file which contains viruses, Trojan horses or any other destructive features will result in a denial of Services and may result in legal action. You agree that you will not attempt to decompile, disassemble or reverse engineer any of the software comprising or contained within Enpira.
Termination of Service
Enpira may discontinue service to you at any time and for any reason, including but not limited to:
- Your providing inaccurate or incomplete Information about you or facility
- Your breach or indication of intent to breach this Agreement
- Your inactivity for a period of twelve month
- If your use of Enpira involves prohibited or illegal activity of any kind
Limitation on Liability
Enpira is not responsible or liable for any damages of any kind arising from your use of the Services. You shall defend, indemnify and hold harmless Enpira and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Governing Law and Forum for Disputes
This Agreement, and your relationship with Enpira under this Agreement, shall be governed by the laws of the State of North Carolina without regard to its conflicts or choice of laws and provisions. Any dispute with Enpira, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the Small Claims Court of the North Carolina Court System, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Enpira may seek such relief in any court with jurisdiction over the parties.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Changes to the Agreement
This agreement will be modified periodically. You agreed to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Last updated: March 1st, 2019