Terms of Service

These Terms of Service (“Terms”) govern your use of the KilowattAI service (“Service”) operated by KilowattAI (“we”, “us”, “our”). By using the Service, you agree to these Terms.

1. Service Description

KilowattAI provides automated precooling optimization for homes on time-of-use (TOU) electricity rate plans. The Service connects to your smart thermostat, analyzes your home's thermal characteristics and your utility rate schedule, and automatically adjusts thermostat setpoints before peak-rate periods to reduce your electricity costs.

2. Account Requirements

To use the Service, you must:

• Provide accurate and complete account information.
• Maintain the security of your account credentials.
• Be at least 18 years of age or the age of majority in your jurisdiction.
• Have authority to grant access to the thermostat devices you connect to the Service.

You are responsible for all activity that occurs under your account.

3. Thermostat Control

By linking your thermostat to the Service, you authorize KilowattAI to read thermostat data and adjust temperature setpoints on your behalf. Setpoint adjustments will remain within the comfort bounds you configure in the Service. You may override any adjustment at any time using your thermostat or its vendor app, and you may disconnect the Service at any time.

4. No Guarantee of Savings

Energy cost savings estimates provided by the Service are based on thermal models, weather forecasts, and utility rate data. Actual savings may vary due to factors including but not limited to weather deviations, changes in utility rates, home occupancy patterns, HVAC system condition, and model accuracy. We do not guarantee any specific level of savings.

5. Limitation of Liability

To the maximum extent permitted by law, KilowattAI shall not be liable for:

• Any damage to HVAC equipment arising from use of the Service.
• Discomfort or temperature deviations resulting from model inaccuracies or system errors.
• Increased energy costs resulting from incorrect rate data, forecast errors, or optimization failures.
• Any indirect, incidental, special, consequential, or punitive damages.

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied.

6. Third-Party API Dependencies

The Service depends on APIs provided by third-party thermostat vendors (Ecobee, Google Nest, Honeywell) and data providers. We do not control the availability, accuracy, or performance of these third-party services. Downtime or changes to vendor APIs may temporarily or permanently affect Service functionality. We are not liable for disruptions caused by third-party service issues.

7. Termination

You may stop using the Service and delete your account at any time. Upon deletion, we will unlink all connected thermostats and delete your personal data in accordance with our Privacy Policy. We reserve the right to suspend or terminate accounts that violate these Terms or that engage in abusive use of the Service.

8. Modifications to Terms

We may update these Terms from time to time. We will provide at least 30 days' notice of material changes by email or through the Service. Your continued use of the Service after the updated Terms take effect constitutes acceptance. If you do not agree to the updated Terms, you may delete your account before they take effect.

9. Governing Law

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 provisions. Any disputes arising from these Terms shall be resolved in the courts located in California.

10. Contact Us

If you have questions about these Terms, contact us at: [email protected]