These Terms of Service ("Terms") are a binding agreement between you ("you," "Customer") and Dyson Swarm Technologies LLC ("EnergyAgent," "we," "us"), governing your use of the EnergyAgent software services, including the Array Operator, NEPOOL Operator, and Solar Operator web applications and the EnergyAgent browser extension (together, the "Service"). By creating an account, checking the agreement box at sign-up, or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization.
The Service helps solar-array owners and community-solar operators monitor inverter performance, consolidate utility and inverter data, and prepare net-metering / solar-credit reports and invoices. The EnergyAgent browser extension reads data from third-party portals you connect (for example SolarEdge, Fronius/Solar.web, SMA/Sunny Portal, Chint/CPS, Green Mountain Power, and NISC SmartHub utilities) using the browser session you are already signed into, and sends that data to your EnergyAgent account.
You authorize EnergyAgent and its browser extension to access the solar-monitoring and utility accounts you connect, acting on your behalf as your agent, to read your production, account, and billing data for the purpose of operating the Service. You represent and warrant that:
This authorization is the basis on which the Service accesses your accounts. You may revoke it at any time by disconnecting the account and/or deleting your data (see Section 9).
The third-party portals are operated by their respective owners; we are not affiliated with, endorsed by, or acting for them. Your use of each portal remains subject to that portal's own terms, and access through the Service may change or stop working if a vendor changes its systems.
Paid plans and any free trial are described at sign-up and on our pricing pages. Fees are billed through our payment processor (Stripe). Trials convert to paid plans unless cancelled before the trial ends. Except where required by law, fees are non-refundable. We may change pricing prospectively with notice; continued use after a change means you accept it.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or that any data, monitoring result, performance verdict, estimate, or invoice figure is accurate, complete, or fit for any particular purpose. Monitoring outputs (including "underperforming," "fault," and similar indications) and estimates are informational and are not a guarantee of equipment condition, production, or financial outcome. We also do not warrant that automated sign-in or data retrieval will succeed on any schedule, since it depends on your device, your browser, your stored credentials, and third-party portals that can change without notice. You should independently verify anything you rely on for a business, billing, warranty, or safety decision.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EnergyAgent WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST OR INACCURATE DATA, OR FOR AMOUNTS YOU OVER- OR UNDER-BILLED A THIRD PARTY, MISSED EQUIPMENT FAULTS, OR LOST PRODUCTION, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR MISSED OR DELAYED DATA CAPTURES, PORTAL LOCKOUTS, OR EXPOSURE OF CREDENTIALS YOU HAVE STORED, ARISING FROM YOUR DEVICE, YOUR BROWSER, OR A CHANGE MADE BY A VENDOR OR UTILITY. EnergyAgent's TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) the fees you paid to EnergyAgent in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You will defend, indemnify, and hold harmless EnergyAgent from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) the accounts and credentials you connect or your authorization of access to them; (b) the invoices, reports, or amounts you send to or bill any third party; (c) your violation of these Terms or any law; or (d) your violation of any third-party portal's terms.
Our handling of your data is described in the Privacy Policy, which is part of these Terms. To the extent we process personal data on your behalf (for example, data about your offtakers/customers), we do so as your processor, only to provide the Service.
You may disconnect any account or stop using the Service at any time. You may request deletion of your data by emailing admin@solaroperator.org; we purge it within 24 hours of a verified request, except where we must retain limited records to comply with law. We may suspend or terminate the Service for non-payment, for a violation of these Terms, or as required to protect the Service or third parties.
We may update these Terms from time to time. Material changes will be posted here with a new "Last updated" date; significant changes may also be notified by email. Continued use after a change means you accept the updated Terms.
These Terms are governed by the laws of the State of Vermont, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Vermont will have exclusive jurisdiction over any dispute that is not otherwise resolved, and you consent to their jurisdiction and venue.
Questions about these Terms: admin@solaroperator.org.