This Web Application User Agreement ("Agreement") is a legal agreement between you (either an individual or a legal entity) ("User") and EEtility, Inc. ("EEtility," "we," "us," or "our") governing your access to and use of EEtility's web-based software applications, platforms, and services, including Smart Energy-Pro, Smart Energy-Nexus, FastTrack, the EEtility Data Orchestrator, and any associated progressive web applications (PWAs), documentation, and related functionality (collectively, the "Service").

By accessing or using the Service, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, you may not access or use the Service.

1. Grant of License and Access

Subject to your compliance with this Agreement, EEtility grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for professional and business purposes in connection with programs, projects, or activities authorized by EEtility.

The Service is hosted and operated by EEtility. Certain components may be cached or stored locally on your device as part of normal web or PWA functionality. You may access the Service on multiple devices using your authorized account credentials.

You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account. You may not share your account credentials with any third party. You agree to notify EEtility promptly at ITO@EEtility.com if you become aware of any unauthorized access to or use of your account.

2. Use Restrictions

You may not, except to the extent expressly permitted by applicable law:

•     Reverse engineer, decompile, disassemble, or attempt to derive the underlying source code, system architecture, or proprietary algorithms of the Service

•     Modify, copy, distribute, sublicense, sell, lease, or create derivative works of the Service

•     Circumvent or interfere with security, access controls, or usage limitations

•     Access or attempt to access data belonging to another user, business, or program participant without authorization

•     Use automated means (bots, scrapers, crawlers) to access the Service or extract data, except through interfaces EEtility expressly provides for that purpose

•     Use the Service for unlawful purposes or in violation of applicable laws, regulations, or program rules

EEtility reserves the right to monitor usage of the Service to ensure compliance with this Agreement and applicable requirements.

3. Your Data

You own your data

As between you and EEtility, you retain all ownership rights in the data, records, documents, and other materials you submit to the Service ("User Data"), including your business information, project records, and customer information. EEtility claims no ownership of User Data.

You grant EEtility a limited, non-exclusive license to host, store, process, transmit, and display User Data solely as necessary to operate the Service, administer the utility-sponsored and tariff-based programs you participate in, meet legal and regulatory obligations, and provide support. This license ends when the data is deleted from the Service, except where retention is required by law, regulation, contract, or program rules.

Your User Data, including business information, is treated as confidential and is never shared with other businesses, competitors, or third parties outside of the program operators, utility sponsors, and contracted service providers necessary to administer your programs, as described in our Privacy Policy.

EEtility may use aggregated or anonymized data derived from use of the Service for internal analytics, program reporting, and Service improvement, provided such data does not identify you, your business, or any program participant.

You are responsible for the accuracy, completeness, and lawfulness of the User Data you submit, and you represent that you have the necessary rights and consents to submit it, including any data you provide on behalf of program participants.

4. Data and Privacy

Your use of the Service is subject to EEtility's Privacy Policy, which describes how personal and business information is collected, used, stored, and protected. By using the Service, you acknowledge and agree that your information will be handled in accordance with the Privacy Policy.

5. Updates, Availability, and Maintenance

The Service may be updated, modified, or enhanced from time to time, including through server-side changes that take effect automatically. EEtility does not guarantee uninterrupted availability of the Service and may suspend access for maintenance, upgrades, or operational reasons. Where practical, EEtility will provide advance notice of planned maintenance affecting Service availability.

EEtility may modify or discontinue any portion of the Service at its discretion.

6. Intellectual Property

All right, title, and interest in and to the Service, including all software, content, documentation, configurations, and intellectual property rights, are owned by EEtility or its licensors. This Agreement does not grant you any ownership rights in the Service. For clarity, this section does not apply to User Data, which is addressed in Section 3.

Certain components of the Service may include open-source software or third-party materials subject to separate license terms.

7. Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant EEtility a perpetual, irrevocable, royalty-free right to use that feedback for any purpose, including improving the Service, without obligation or compensation to you. Feedback does not include your User Data.

8. Termination

EEtility may suspend or terminate your access to the Service at any time if you violate this Agreement or applicable program requirements. Upon termination, your right to access the Service will cease, and any locally cached or stored application data may no longer be accessible.

Following termination, EEtility will handle your User Data in accordance with the retention provisions of the Privacy Policy and applicable program, legal, or regulatory requirements. You may request a copy of your User Data by contacting ITO@EEtility.com, subject to program rules and any obligations owed to utility sponsors or program participants.

Termination does not limit any rights or remedies available to EEtility under law. Sections 3, 6, 7, 9, 10, and 11 survive termination.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. EETILITY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EETILITY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri and applicable federal law of the United States, without regard to conflict-of-law principles.

12. Changes to This Agreement

EEtility may update this Agreement from time to time. Updated versions will be effective when posted, and material changes may be communicated directly. Continued use of the Service after an update constitutes acceptance of the revised Agreement.

13. Contact Information

If you have questions about this Agreement, contact us at: ITO@EEtility.com