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akiWatt General Terms and Conditions

Last updated: 3/19/2025

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akiWatt ("Company," "we," "us," or "our") provides software solutions that enable customers to make informed energy decisions through a web-based platform ("Software"). This Software includes features such as real-time energy usage monitoring, historical data analysis, and personalized energy-saving recommendations. By accessing or using our Software, you ("Customer," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, do not access or use our Software. 

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1. Acceptance of Terms:

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Your use of the Software constitutes your acceptance of these Terms. These Terms may be updated from time to time. We will notify you of significant changes by posting the new Terms on our website or through other reasonable means, such as email. Your continued use of the Software after such changes constitutes your acceptance of the new Terms.

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2. License Grant:

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Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Software for your personal or internal business purposes.

 

3. User Accounts:

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  • You must create an account to access the Software. You are responsible for maintaining the confidentiality of your account credentials.

  • You agree to provide accurate and complete information when creating your account.  

  • You are responsible for all activities that occur under your account.  

  • You must notify us immediately of any unauthorized access to or use of your account.  

 

4. Use of the Software:

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  • You agree to use the Software in compliance with all applicable laws and regulations.

  • You agree not to:​

    • Use the Software for any illegal or unauthorized purpose.

    • Transmit any viruses, worms, or other harmful code.

    • Interfere with or disrupt the operation of the Software.

    • Use the software for any purpose that would violate our privacy policy or security policy.

    • Use the Software to collect personal data of other individuals without proper consent.

  • Attempt to reverse engineer, decompile, or disassemble the Software.

  • You acknowledge that the energy decisions made through the software are your responsibility. The Software's recommendations are for informational purposes only and do not constitute financial or professional advice. We are not liable for any financial or energy related outcomes based on information provided through the software.

  • You are responsible for the accuracy and legality of the data you input into the Software. Inaccurate data may result in inaccurate analysis and recommendations.

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5. Intellectual Property:

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The Software and all associated intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, are owned by akiWatt or our licensors. You acknowledge that you have no right, title, or interest in the Software except as expressly granted in these Terms.  

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6. Data and Privacy:

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  • We collect and process your data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.  

  • We implement reasonable security measures to protect your data in accordance with our Security Policy, which is incorporated into these terms by reference. Please review our Security Policy to understand our practices.

  • You are responsible for the accuracy and legality of the data you input into the Software.

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7. Disclaimer of Warranties:

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THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.  

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8. Limitation of Liability:

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IN NO EVENT SHALL AKIWATT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE DURING THE 12 MONTHS PRECEDING THE CLAIM.  

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9. Indemnification:

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You agree to indemnify and hold akiWatt harmless from any claims, damages, or expenses arising out of your use of the Software or your breach of these Terms.

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10. Termination:

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We may terminate your access to the Software at any time for any reason, including but not limited to your breach of these Terms. Upon termination, your license to use the Software will immediately terminate.

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11. Governing Law and Dispute Resolution:

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These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association in Los Angeles, California.

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12. Severability:

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If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.  

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13. Entire Agreement:

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These Terms constitute the entire agreement between you and akiWatt regarding your use of the Software and supersede all prior or contemporaneous communications and proposals, whether oral or written.  

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14. Contact Information:

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If you have any questions about these Terms, please contact us at:

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15. Privacy Policy and Security Policy:

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16. Definitions:

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  • Software: The web-based platform provided by akiWatt that enables users to make informed energy decisions, including real-time energy usage monitoring, historical data analysis, and personalized energy-saving recommendations.

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