Terms of Service

Overview

This website and the rate-audit service offered through it are operated by Genawatt LLC (“Genawatt,” “we,” “us,” or “our”). Our business address is 3141 Tiger Run Court, Suite 102, Carlsbad, California 92010. Throughout these Terms of Service (“Terms”), “you” or “customer” means the person or business that visits the site or requests a rate audit.

The site is operated by Genawatt LLC (“Genawatt”). Genawatt offers residential and small or micro-business electricity customers an audit of their utility bills to determine whether, based on their recent usage pattern and the information they provide, a different published rate, schedule, or program appears likely to produce lower charges. PES Action Corp, doing business as Premier Energy Strategies (“PES”), performs the audit and analysis, prepares the findings and written implementation instructions, and takes payment for the audit. You pay PES for the audit. PES is not your utility.

By visiting the site, submitting a bill or inquiry, or purchasing an audit, you engage our Service and agree to these Terms, the Privacy Policy, and the California Privacy Notice. If you do not agree, do not use the site or the Service. If these Terms are treated as an offer, acceptance is limited to these Terms.

We may add features later. Those features are also subject to these Terms unless we post separate terms. We may update these Terms by posting a new version on this page. The “last updated” date will change. Your continued use after the posting is acceptance of the changes, except that a change will not alter the fee for an audit you already ordered. Please check this page periodically. Questions: info@genawatt.com or 760.585.7000.

1. The Service

The Service is a one-time electricity rate audit and a written report. It is not electricity supply, not utility service, and not a change to your utility account by us.

• You send recent utility bills and related account information, and you authorize Genawatt and PES to review them.
• PES compares your recent usage and charges with published rate schedules that appear applicable to your account class and usage pattern.
• We deliver a written Audit Report stating whether a lower-cost published schedule was identified and, if so, the estimated savings and written instructions for requesting the change from your utility or community choice aggregator.
• You, not Genawatt and not PES, submit any rate-change request to the utility and remain the customer of record.

The audit reviews the bills and account information you provide against applicable published rates, schedules, and optional programs that may reduce charges for the usage pattern shown. The report will identify those that appear available based on that information and will include written instructions for any change or application the findings support. Findings depend on the information provided and on eligibility decisions made by the utility or program administrator. The audit does not by itself enroll you, file an application, or change the account.

We are not your utility, not the California Public Utilities Commission, and not an agent of San Diego Gas & Electric, Southern California Edison, Pacific Gas and Electric, a community choice aggregator, or any other utility. An audit is not a determination by the utility.

2. Eligibility and your information

You represent that you are at least 18 years old and able to form a contract. If you request the audit for a business, you represent that you have authority to bind that business and to share its utility information.

You represent that you are the customer of record, or that the customer of record has authorized you to share the bills and to receive the report. Do not submit a bill for an account you are not authorized to share.

You agree to provide current, complete, and accurate bills and account information. The report is only as good as the bills and facts you provide. If a bill is incomplete, estimated, or for a period that is not representative, the result may be wrong. You must not use the Service for any unlawful purpose, upload malware, or interfere with the site.

The Service is offered for residential and small or micro-business electricity accounts. We may refuse, limit, or cancel an order, including an order that appears to be from a dealer, reseller, or an account outside the utilities we currently review.

3. What you receive, and what you do not

If we accept your order, the deliverable is the Audit Report and written implementation instructions, sent to the email address you provide. We deliver the Audit Report to that email address within 2 business days after we receive your bill. If we need more information to complete the audit, we will contact you, and Section 7 applies.

The report is an estimate and an opinion based on published tariffs and the information you supply. It is not a guarantee that:

• a lower rate schedule exists;
• the utility will approve a requested change;
• your future bills will match the estimate; or
• the identified schedule is the lowest possible charge under every optional program, rider, or future tariff.

Usage, weather, household changes, tariff changes, baseline allowances, time-of-use periods, and fees can all move the actual result. You are responsible for reading the instructions and for any request you make to the utility. We do not control the utility’s processing time or decision.

4. PES and other providers

You authorize Genawatt to provide your bills, usage, contact information, and related account data to PES Action Corp so PES can perform the audit, prepare the report, and collect the fee. PES uses that information to perform and bill the audit, support the report, keep required records, and meet legal duties. Genawatt may keep your contact information to offer later bill-reduction services, as the Privacy Policy describes.

Payment processing, website hosting, email, and text messaging may be performed by vendors. Their role is described in the Privacy Policy. We are not responsible for a third-party website linked from our site. Utility and tariff links are provided for convenience.

5. Fees

The audit is a one-time service. It is not a subscription and it does not auto-renew. Future services, if you accept them, will be quoted separately.

You elect one of the following fees on the order form.

• Flat fee. Ninety-seven dollars ($97), charged by PES Action Corp when you place your order. If the Audit Report does not identify a lower-cost published schedule, the flat fee is refunded in full.
• Performance fee (also called the “Shared Savings Fee”). Fifty percent (50%) of projected two-year savings, up to a maximum of five hundred dollars ($500) in total. When you place your order we charge PES Action Corp an estimated fee, calculated from the monthly bill amount you enter multiplied by 24 months and by 7%. The estimated fee is shown before you pay. After the audit, we reconcile it as described below. If the Audit Report identifies no Estimated Two-Year Savings, the fee is refunded as Section 7 describes.

“Estimated Annual Savings” means the positive difference, if any, between (a) the charges that the published rate schedule then on the account would have produced for your historical usage over the most recent twelve complete billing months available, and (b) the charges that the alternative published schedule identified in the Audit Report would have produced for the same usage, using tariff rates in effect on the report date. Charges that would apply in the same amount under both schedules are excluded unless the report says otherwise. If fewer than twelve complete months are available, we annualize the available complete months and the report will say so. “Estimated Two-Year Savings” means two times Estimated Annual Savings.

The estimated Performance fee is calculated at checkout from the monthly bill amount you entered, not from the audit result. After the audit is complete, we manually compare it with fifty percent (50%) of the Estimated Two-Year Savings in the Audit Report. If the estimated fee is higher, we refund the difference to the payment method you paid with. If it is lower, we will contact you to arrange payment of the difference, and we do not charge your payment method again without your authorization. The total Performance fee, including any adjustment, will not exceed $500. The fee is not a percentage of your future utility bills and is not adjusted if your actual bills later differ from the Audit Report. Paying the fee does not entitle you to a refund if the utility later denies the change or if actual savings differ after the report, except as Section 7 (Cancellation and refunds) provides.

Prices may change for future orders. A price change does not affect an audit already ordered. We may refuse or cancel an order we believe is fraudulent, placed by a reseller, or placed with information we cannot verify.

6. Billing and payment

You agree to provide current and accurate billing information. Card payments are processed by a payment processor. We do not store full payment-card numbers. A processor may flag an order as high risk, for example if the billing and service addresses differ or if several cards are used. We may ask for information to verify the order. If we cannot verify it, we may cancel the order and refund any amount already captured.

The fee is charged by PES Action Corp when you place your order and is earned when the Audit Report is delivered to the email address you provided. If an email bounces, we will use the phone number on the order to arrange delivery, and the fee is still earned once delivery is made.

7. Cancellation and refunds

Cancellation before review. Whichever fee you elect, you may cancel before we begin review of your bill by emailing info@genawatt.com with the name and email used on the order. We will reply to confirm the cancellation, and any amount already paid will be refunded in full. Once review has started, the fee is not refundable except as stated below, because the work is the analysis and the written instructions, not a result from the utility.

Refund when the audit finds no savings. If you elected the Flat fee and the report does not identify a lower-cost published schedule, we refund the flat fee in full. If you elected the Performance fee and the report identifies no Estimated Two-Year Savings, any amount charged at checkout is refunded in full. These refunds apply once the audit is complete and the report is delivered. We issue them manually, to the payment method you paid with. Before the report is delivered, the way to end an order is to cancel as described above. Questions about a refund: info@genawatt.com.

If the report does identify a lower-cost schedule or Estimated Two-Year Savings, the fee is not refunded because you decline the recommendations or reject the report, since the work was performed and the findings were reported.

If we cannot complete an audit because you do not provide usable bills within fourteen (14) days after we ask, we may cancel the order. Any amount already paid will be refunded if no report is delivered. We may correct pricing or description errors and may cancel an order placed at an erroneous price.

8. Your implementation

Implementation instructions are guidance for you to use with your utility. Following them may require a call, a form, or an online request in your name. We do not guarantee that the utility will process a request, keep a schedule open, or apply it to a particular date. Do not send us your utility password. If a utility portal requires a login, you submit the request yourself.

9. Future services and messages

Genawatt will keep the contact information you provide and may offer additional electricity bill-reduction services later. Those offers may include email. Text messages are sent only if you separately opt in to the Mobile Message Terms. You may opt out of marketing email at any time by emailing info@genawatt.com. Opting out of marketing does not stop service messages about an audit you ordered.

A future offer is not accepted until you agree to its own price and terms. These Terms do not obligate you to buy anything else.

10. Acceptable use

You may not use the site or the Service:

• for any unlawful purpose, or to solicit unlawful acts;
• to violate any law, utility tariff, or third-party right;
• to submit false bills, a false identity, or an account you are not authorized to share;
• to harass, abuse, or discriminate;
• to upload malware, or to scrape, spider, or circumvent security;
• to resell the Service or the Audit Report without our written consent; or
• to copy our site content, method, or report format for a competing service.

We may suspend or terminate access for a breach. A breach does not relieve you of fees already earned.

11. Intellectual property and feedback

The site, report format, text, graphics, and marks are owned by Genawatt or its licensors. We grant you a limited, personal, non-transferable license to use the Audit Report for your own account. You may share the report with your utility and your professional advisors. You may not publish or resell it.

If you send suggestions or other comments, you grant us a non-exclusive right to use them without compensation. We have no duty to keep unsolicited ideas confidential or to respond.

12. Disclaimer

The Service and the site are provided “as is” and “as available.” Except for a written warranty we expressly give you, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted or error-free, or that savings will be achieved. Tariff information can change. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. You may have rights that cannot be disclaimed.

13. Limitation of liability

To the fullest extent permitted by law, Genawatt LLC, PES Action Corp, and their directors, officers, employees, agents, and providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost savings, or replacement power costs, whether in contract, tort, or otherwise, even if advised of the possibility. Total liability for a claim arising out of an audit will not exceed the fee you paid PES for that audit. If you elected the Performance fee and paid nothing, total liability for that audit will not exceed ninety-seven dollars ($97).

These limits do not apply to liability that cannot be limited under California law, including fraud or willful injury, or to your rights under a non-waivable consumer statute. Because some jurisdictions do not allow certain limits, our liability in those jurisdictions is limited to the maximum extent permitted.

14. Indemnity

You will indemnify and hold harmless Genawatt LLC, PES Action Corp, and their officers, directors, employees, and agents from third-party claims, damages, and reasonable attorneys’ fees arising out of your breach of these Terms, your submission of bills or data you were not authorized to share, or your misuse of the Service. We will give you notice of the claim. This indemnity does not apply to a claim caused by our own fraud or willful misconduct.

15. Dispute resolution

Please contact us first at info@genawatt.com or 760.585.7000 and give us 30 days to try to resolve a concern. Either party may bring an individual claim in small-claims court in San Diego County, California.

Except for a small-claims action or a request for public injunctive relief that applicable law does not allow to be arbitrated, any dispute arising out of these Terms or the Service will be resolved by binding individual arbitration in San Diego County, California, before one arbitrator, under the Consumer Arbitration Rules of the American Arbitration Association if the claim is a consumer claim, and otherwise under the Commercial Arbitration Rules. The Federal Arbitration Act governs this agreement to arbitrate. The arbitrator may award any individual relief a court could award, except punitive damages unless a statute authorizes them for the claim. The arbitrator may not preside over a class, collective, or representative action. You and we waive a jury trial to the extent a dispute is arbitrated or, if this arbitration clause is found unenforceable, to the extent a waiver is permitted.

You may reject this arbitration clause by emailing info@genawatt.com within 30 days after you first accept these Terms, with the subject “Arbitration opt-out” and your name and the email used on the order. Opting out does not affect any other part of these Terms. This clause does not limit rights that a California consumer statute says cannot be waived, including a public-injunction remedy where the law so requires.

16. General

These Terms and the policies referenced here are the entire agreement for the Service and supersede prior oral discussions about the same audit. A failure to enforce a provision is not a waiver. If a provision is held unlawful or unenforceable, it is severed or limited to the minimum extent necessary, and the rest remains in effect. Ambiguities are not construed against the drafter. You may not assign these Terms without our consent. We may assign them to an affiliate or a successor of the business.

California law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs the arbitration agreement. The obligations of a party incurred before termination survive. You may stop using the site at any time. We may stop providing the site at any time. Termination does not affect an audit already paid for and not yet delivered, which we will deliver or refund.

Payment for the audit is taken by PES Action Corp. Contact either company at 3141 Tiger Run Court, Suite 102, Carlsbad, California 92010, info@genawatt.com, or 760.585.7000.

Mobile Message Terms

These terms apply only if you opt in to texts. They do not apply to an audit ordered without a text opt-in.

Genawatt LLC offers a mobile messaging program (the “Program”). By opting in, you agree to these program terms and the Privacy Policy. Consent is not required to buy an audit. Message and data rates may apply. Message frequency varies. You can expect messages about the audit you requested and, if you opt in to marketing, about other bill-reduction services.

Opt out by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any program message. You may receive one confirmation. Those replies are the reasonable way to opt out. Texting other words, or asking a salesperson verbally, is not a substitute. For help, reply HELP or email info@genawatt.com. Email is not an opt-out method.

If you stop using the mobile number you opted in with, including by canceling service or transferring the number, you agree to opt out before you give up the number. You will indemnify us and our messaging vendors against claims, including under the Telephone Consumer Protection Act, that result from our continuing to text a number you abandoned without opting out. This duty survives cancellation of the Program.

The Program is as-available and depends on your carrier. Carriers, including T-Mobile, are not liable for delayed or undelivered messages. You need a two-way capable device on a participating carrier. You must be 18 or older to opt in. Do not send unlawful, harassing, or malicious content, or health information, through the Program.

A dispute about the Program or about our messaging vendor’s transmission of program messages will follow the dispute-resolution section of the Terms of Service, modified so that arbitration, if used, is individual only and is seated in San Diego County, California. We may update these program terms by posting the update and, where required, by message. Continuing in the Program after notice is acceptance.