Terms of use

TL; DR

You are the sole responsible
for your content and
we do not sponsor, endorse, or have any liability for any user-generated content.

By clicking “I agree” (or similar), you agree to be bound by these Terms of Use between you and us (“Terms”), effective upon clicking. “You” or “Participant” means the Broker entering into these Terms. “Representative” means your individual representative or agent that has clicked to agree to these Terms or that uses the Platform. You and your Representative represent that he or she has the authority to bind you and act on your behalf. “Dash Energy,” “we,” or “us,” means Dash Energy, Inc., a Delaware corporation. Dash Energy and Participant may each be referred to as a “Party” herein.  

1. Introduction.

1.1.   Purpose. Dash Energy has developed a digital technology platform, including related software, websites and support services or systems (as updated from time to time, the “Platform”). The Platform is designed to enable energy brokers (“Brokers”) to prepare and release requests for proposals (each, an “RFP”) on behalf of their clients who are commercial end-users of electricity (“Clients”), to solicit bids for retail electric service from suppliers of retail electric services (“Suppliers”), and to enable Brokers to review and analyze Suppliers response to RFPs. The Platform is intended to be used by Brokers (collectively, “Users”), but not directly by Clients or Suppliers. The Platform is not intended to result in binding agreements between Clients and Suppliers as a result of their activities on the Platform. Brokers, Suppliers and Clients are responsible for negotiating and entering into agreements for electric supply separately from the Platform.

1.2.   Beta Testing. We may from time to time beta test certain portions of the Platform (the “Beta Features”). Beta Features may have unresolved errors. The We allow certain Users to test the Beta Features in order for them to provide us with feedback on the quality of those Beta Features and how they integrate with the Platform. Ongoing beta testing will allow Dash Energy to increase the quality of the Platform through User validation. 

1.3.   Feedback. If you provide us with any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to us all rights in and to such Feedback and agree that we shall have the right to use such Feedback and related information for the purposes set forth in Section 5.5. Dash Energy will treat any Feedback that you provide to us as non-confidential and non-proprietary; provided, that we will treat any information identifying or associating you with the Feedback as your Confidential Information. You agree to use commercially reasonable efforts to provide feedback to us related to your use of the Platform promptly upon our request. To the extent you are permitted to do so, you agree to consider in good faith requests from Dash Energy for information, documents and communications. Notwithstanding the foregoing, you are not obligated by these Terms to disclose any confidential or proprietary information.

1.4.   No Endorsement; No Energy Services. You acknowledge and agree that (a) we will not verify and cannot guarantee that Information furnished by you with respect to Clients or Suppliers is accurate, complete or correct, nor will we be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue Information, nor non-delivery of Information, (b) the Platform does not constitute and should not be regarded as a recommendation or endorsement of any Supplier or response to a RFP, (c) Dash Energy is a technology services provider that does not provide any electricity or energy services, including any energy brokerage services, and (d) Dash Energy has no control over, is not responsible for and will not have any liability whatsoever with respect to any costs, fees or other obligations associated with the provision of electricity or energy services.

2. Accounts. Each Representative must have an account (“Account”). If you have more than one Representative using the Platform, the Representatives’ Accounts (and any Information of the Participant across Accounts) will not be linked. You will (and will cause your Representatives to) ensure the confidentiality of Account login credentials, and you are fully responsible for all activities that occur under your Account(s). You agree to notify us immediately of any suspected unauthorized use of your Account(s) or any other breach of security. You will not (and will not cause or permit your Representatives to) attempt to use or login to the Platform using any other person’s Account or otherwise impersonate any other person. We will not be liable for any loss or damage arising from your failure to comply with the above. 

3. Access to Information. 

3.1.   General. The Platform allows Brokers to enter information about Clients, including identity, contact information, federal employment identification number, electric account and meter information, current utility information, energy usage and any bid-specific information such as desired term or renewable characteristics of energy (“Client Information”) for use in RFPs and to enter information about Brokers, including identity, contact information and licensing information (“Broker Information”). The Platform may also allow Suppliers or Brokers to include pricing information and other terms in response to specific RFPs, as well as general information about the Supplier, including identity, contact information, green energy availability and minority-owned status (“Supplier Information,” and collectively with Client Information and Broker Information, “Information”). Except as expressly set forth in these Terms, your sharing of Information on the Platform does not grant any right, title or interest in such Information to any other User. 

3.2.   Sharing of RFP Information Submitted by Suppliers. Any Supplier Information entered in response to an RFP will be shared on the Platform with the Broker that submitted the RFP. We do not have any control over, and are not responsible for, the use or further, disclosure, retention, transmission or other processing of Supplier Information by Brokers.  The Platform will not provide functionality for other Brokers or other Suppliers to view the Supplier Information that you submit in response to an RFP.

3.3.   Access and Use of Information by Dash Energy. Dash Energy can view all Information and any other Content that is entered into the Platform, other than login credentials. We will not use Information furnished by you except in accordance with Section 5.5. We will use reasonable efforts to secure the Platform and the Information contained on the Platform.

4. Fees. You must pay all charges you incur for your use of the Platform. Fees for the Platform are set forth on https://dash.energy/pricing-page/. We may change our charges for the use of the Platform in the future, and we may do so at our sole discretion, and we may condition your continued use of the Platform on payment of our fees. 

5. Intellectual Property; Content; Acceptable Use Policy.

5.1.    License Grant. Subject to these Terms, we grant you a non-transferable, non-sublicensable, non-exclusive, revocable, limited license to use and access the Platform (solely in object code format) solely for the purposes related to RFPs described above. 

5.2.    Ownership. The Platform, including all intellectual property rights therein, is and shall remain the property of Dash Energy and its licensors. Neither these Terms nor your use of the Platform conveys or grants to you any rights (a) in or related to the Platform, except for the limited license granted above or (b) to use or reference in any manner Dash Energy’s company names, logos, product and service names, trademarks, service marks or other indicia of ownership.

5.3.    Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Platform, whether in whole or in part, or any Content displayed on the Platform except in accordance with the express provisions of these Terms; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform or use or attempt to use or discover any source code underlying the Platform; (c) you shall not access the Platform in order to build or facilitate a similar or competitive website, product or service; and (d) you shall not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any portion of the Platform except as expressly provided in these Terms. 

5.4.    Modification; No Support or Maintenance. We reserve the right, at any time, to modify or suspend the Platform with or without notice to you. You agree that Dash Energy will not be liable to you or to any third party (including any Client) for any modification or suspension of the Platform or any part thereof. You acknowledge and agree that Dash Energy has no obligation to provide you with any support or maintenance in connection with the Platform. 

5.5.    Your Content. Subject to the other provisions of these Terms, you hereby grant to Dash Energy an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Content that you furnish, and to grant sublicenses of the foregoing rights, solely for the purposes of (a) improving and developing the Platform, (b) displaying or making available Content on the Platform in accordance with these Terms and (c) sharing or distributing Anonymized Information. “Anonymized Information” means Information that is anonymized or aggregated in a form that is not reasonably likely to permit identification of any Client, Broker or Supplier. “Content” means any and all Information or other content (including graphics, audio or visual content) that a User submits to, or uses with, the Platform. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Content. 

5.6.   Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: 

a) You agree not to use the Platform to collect, upload, transmit, display or distribute any Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way or (iv) that is in violation of any law, regulation or obligations or restrictions imposed by any third party.

b) In addition, you agree to not: (i) send through the Platform: any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or automated messages; or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) use the Platform to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent; (iii) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means, or to any Account other than your Account or (iv) harass or interfere with any other User’s use and enjoyment of the Platform or such User’s Account.

6.  Confidentiality. 

6.1 Certain Definitions. 

a) “Associates” means a Party’s affiliates, or the Party’s and its associates’ respective officers, directors, employees, contractors, consultants or advisors. 

b) “Confidential Information” means Information, plans, designs, concepts, protocol and certain other information which may include, but is not limited to, techniques, methods, processes, procedures, “know-how”, trade secrets, prototypes, tangible things, technical, financial or business information and the terms and conditions of any pending or existing agreements between the Parties, in each case whether or not labelled “confidential” (or similar).

c) “Disclosing Party” means the Party disclosing Confidential Information.

d) “Receiving Party” means the Party receiving Confidential Information.

6.2.    Obligations. With respect to any Confidential Information of the Disclosing Party obtained by the Receiving Party, whether obtained via the Platform or otherwise, unless otherwise agreed in writing in advance by the Disclosing Party, the Receiving Party shall: (i) hold such Confidential Information in confidence and protect it with the same degree of care with which the Receiving Party protects its own Confidential Information, but in no event less than reasonable care; (ii) use such Confidential Information solely to exercise its rights and perform its obligations under these Terms or as otherwise permitted by these Terms (including, with respect to Dash Energy as the Receiving Party, in accordance with Section 5.5); (iii) not copy or otherwise duplicate such Confidential Information, or allow anyone else to copy or otherwise duplicate any of such Confidential Information; (iv) restrict disclosure of such Confidential Information solely to those Associates with a need to know, and not disclose it to any other parties; (v) require that all Associates agree to maintain the confidentiality thereof, and otherwise comply with the provisions hereof, by contract, work rules or other appropriate methods; (vi) promptly notify the Disclosing Party in writing in the event that the Receiving Party or its Associates becomes legally compelled in a judicial, administrative or governmental proceeding to disclose any of the Confidential Information so that the Disclosing Party, at its expense, may seek a protective order or other appropriate remedy and/or waive compliance with this Agreement; and (vii) promptly advise the Disclosing Party upon becoming aware of any loss, disclosure or duplication of the Confidential Information or of any breach of this Agreement, including the misappropriation of the Confidential Information.

6.3.    Exceptions. The Receiving Party shall not have any obligation to preserve the confidential nature of Confidential Information of the Disclosing Party which (i) is already known to the Receiving Party or its Associates, as evidenced by a writing dated prior to the date of disclosure; (ii) is or becomes generally known to the public at large through no wrongful act or other involvement of the Receiving Party or its Associates; (iii) is received from an unaffiliated third party without an obligation of nondisclosure; (iv) is independently developed by the Receiving Party or its Associates, or for the Receiving Party or its Associates by third parties, without use of the Confidential Information received from the Disclosing Party or (v) is approved in advance for release by written authorization of an officer of the Disclosing Party.

6.4.    Additional Terms. The Disclosing Party makes no representations or warranties about any Confidential Information except as otherwise provided in this Agreement. Each Party agrees that the Disclosing Party may be irreparably harmed by unauthorized disclosure or use of its Confidential Information and will be entitled to injunctive relief with respect to its Confidential Information. The rights and obligations of the Parties with respect to Confidential Information will survive the expiration or termination of this Agreement. Upon request of the Disclosing Party, the Receiving Party will return or destroy (at the Disclosing Party’s option) all Confidential Information of the Disclosing Party in the Receiving Party’s possession and will provide an officer’s certification as to such return or destruction. Notwithstanding the foregoing, neither Party will be obligated to erase Confidential Information contained in an archived computer system backup made in accordance with such Party’s security and/or disaster recovery procedures, provided that such archived copy will (i) be erased or destroyed in the ordinary course of such Party’s data processing procedures and (ii) will remain fully subject to the obligations of confidentiality stated herein. 

7. Disclaimers. 

7.1.   THE PLATFORM LICENSED HEREUNDER MAY CONTAIN DEFECTS. PARTICIPANT IS ADVISED TO SAFEGUARD ITS OWN MATERIALS, EQUIPMENT AND DATA, TO USE CAUTION, AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE PLATFORM.

7.2.   THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST USE. 

7.3.   No Representations Regarding Users of the Platform. We make no representation, warranty or guarantee with respect to the Users that use the Platform. Without limiting the foregoing, we do not represent, warrant or guarantee that (i) any specific Suppliers are Users or will respond to any RFP, (ii) the Suppliers will provide the lowest price or best terms for the supply of electric service, (iii) the bids uploaded to the Platform will include all terms and conditions or Information that a Broker or Client may consider material, (iv) the bids uploaded to the Platform are valid, firm, unconditional or applicable to the RFP or (vi) any Supplier or Broker is authorized, eligible or licensed to act in such capacity. 

8. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OR EACH PARTY TO THE OTHER PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE THOUSAND US DOLLARS (USD 1,000.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. 

9. Term and Termination. 

9.1.   You may terminate these Terms at any time on written notice to Dash Energy. However, if you commence using the Platform again after such notice, you will be considered to have consented to these Terms again. If we believe you or your Representatives are misusing the Platform in any way, we may, in our sole discretion and without limiting other remedies, terminate these Terms immediately upon written notice to you, or limit, suspend or terminate your Account and access to the Platform. 

9.2.   You understand that any termination of your Account may involve deletion of your Content. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your Content. The following provisions of these Terms will survive termination: Sections 1.2, 1.3, 3, 5.2, 5.4, 5.5, 6, 7, 8, 9.2 and 10, together with any other provisions reasonably required to give effect to those enumerated provisions.

10.  Miscellaneous Terms. These Terms constitute the entire agreement between you and us regarding the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver. The section titles in these Terms are for convenience only and have no legal effect. The word “including” means “including without limitation.” If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired. These Terms may not be assigned in whole or in part by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may freely assign these Terms in connection with a transfer of the Platform. These Terms shall be binding upon successors and assignees. There are no third-party beneficiaries to these Terms. You consent to receive communications from us (including all notices) in electronic form at the address(es) specified in your Account. These Terms will be governed by the law of the State of Delaware without reference to conflict of laws principles.