Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website and compliance platform of EcoMonitor AI LLC (the “Service”). By checking the agreement box at checkout (the box agreeing to these Terms and our Privacy Policy), you agree to these Terms and confirm that you are at least 18 years old and have authority to bind your organization to them. If you do not agree, you will not be able to use the Service.

1. The Service

EcoMonitor AI provides software tools that help building owners and property managers in Washington State understand, track, and prepare for the Washington Clean Buildings Performance Standard (CBPS) under chapter 19.27A RCW and chapter 194-50 WAC. The Service includes preliminary energy use intensity (EUI) estimates, ENERGY STAR Portfolio Manager (ESPM) integration for official figures, a dashboard with your saved calculation history, private storage of utility bills you upload, and access to reports we make available to you. We may add, change, or remove features over time. Features described as planned or coming soon are not part of the Service until we release them. If we materially reduce the core paid functionality of the Service, we will notify you and you may terminate your paid plan and receive a pro-rata refund of any unused prepaid fees. Termination and that pro-rata refund are your sole and exclusive remedy for such a reduction.

2. Not Legal or Regulatory Advice

EcoMonitor AI is a software company, not a law firm, engineering firm, or regulatory consultant. Nothing in the Service is legal advice, regulatory advice, or a guarantee of compliance with any law. You are solely responsible for confirming your compliance obligations with the Washington State Department of Commerce and any other authority. We recommend consulting a qualified legal or energy professional about your situation. You assume all risk and liability for meeting regulatory deadlines. EcoMonitor AI is not responsible for any late filings, missed deadlines, or resulting penalties.

3. Estimates and ESPM

Washington law requires that official energy use intensity be established through EPA’s ENERGY STAR Portfolio Manager. EcoMonitor AI works with ESPM and does not replace it. The only official figure in the Service is the one that ESPM produces, and we show it exactly as ESPM returns it.

Preliminary estimates are directional only. They are not weather-normalized; they may differ from the official ESPM result, and they are labeled as estimates wherever they appear. You must not use a preliminary estimate as compliance documentation or in a filing. If an estimate and an ESPM result differ, the ESPM result controls. You are responsible for validating inputs and confirming regulatory receipt of any filings.

4. Accounts

You need an account to use most features. You agree to give accurate information and to keep your sign-in credentials confidential. You are responsible for all activity under your account (except to the extent caused by a security breach attributable to the Service) and must tell us promptly if you suspect unauthorized access. You must be at least 18 years old and have authority to bind your organization (the “Customer”) to these Terms. By checking the agreement box at checkout, you confirm that you meet these requirements.

5. Acceptable Use

You agree to use the Service only for lawful purposes. You may not provide false or misleading information about your buildings or utility accounts; try to reverse-engineer, scrape, or bypass the Service; try to access another customer’s data or any part of the Service you are not authorized to use; upload malicious code or files you have no right to share; interfere with the operation of the Service; use the Service to harm, defraud, or deceive anyone; or resell or sublicense the Service without our written permission.

6. Your Data and Uploads

Ownership. You keep all rights in the data and files you submit. We do not claim ownership of your building data, compliance records, uploaded bills, or reports.

Uploads. You may upload utility bills as PDF, PNG, or JPG files, up to the size limit shown in the dashboard. We store them privately as described in our Privacy Policy. Bills are stored only. The Service does not read them automatically, so a bill has no effect on a calculation unless you, or our support team at your request, enter its readings. Please do not upload files that contain information unrelated to your building’s energy use, such as payment card numbers or government identification numbers.

Accuracy. You are responsible for the accuracy of the readings and building details you enter. Results depend on the inputs you provide.

Authorization. When you authorize us to connect to ESPM on your behalf, you confirm that you have the legal authority to grant that access for the buildings you submit, that the utility data you provide belongs to those buildings, and that you are entitled to share it.

Our use. You give us a limited license to use your data to provide the Service to you and, in aggregate and anonymized form, to improve the Service. We do not use your data to train artificial intelligence or machine-learning models, and we do not provide your data to any third party for that purpose. We do not attempt to re-identify anonymized data.

Deletion and export. You may ask us to delete your data or to give you a copy at any time. Our Privacy Policy describes how long we keep data and how requests are handled. (We log support-entered readings, but you must confirm their accuracy before relying on them.)

7. Pilot Program

If you join our pilot program, the terms of your written pilot agreement apply, and in the event of a conflict, the pilot agreement will control over these Terms for the duration of the pilot.

8. Fees and Billing

Paid plans are billed monthly, as shown in your plan, and are charged in advance for each month. Plans renew automatically each month until you cancel. You may cancel at any time, and access continues until the end of the month you have paid for. All fees are in US dollars and do not include taxes. Prices do not include sales or other taxes, which we will add to your charge where required by law. Fees are non-refundable except as required by law or as stated in your plan or pilot agreement. We may change prices or renewal terms with at least 30 days’ notice by email, and a change takes effect at your next renewal. If a payment fails, we may suspend access after notifying you. Payments are processed by our payment processor, Stripe, and our billing and sign-in platform, Outseta, is connected to our Stripe account. The information involved is described in our Privacy Policy.

9. Intellectual Property

EcoMonitor AI keeps all intellectual property rights in the Service, including its software, design, and documentation. Nothing in these Terms transfers those rights to you. We grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal building-compliance business purposes during your paid subscription term, subject to these Terms.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ECOMONITOR AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE SERVICE WILL BE AVAILABLE PRIOR TO ANY REGULATORY DEADLINE. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PRELIMINARY ESTIMATE WILL MATCH THE OFFICIAL ESPM CALCULATION. YOU USE THE SERVICE AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOMONITOR AI LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. SEPARATELY, AND WHETHER CHARACTERIZED AS DIRECT OR INDIRECT DAMAGES, ECOMONITOR AI WILL NOT BE LIABLE TO YOU FOR REGULATORY FINES OR PENALTIES IMPOSED ON YOU, OR YOUR COSTS OF RESPONDING TO REGULATORY ENFORCEMENT ARISING FROM YOUR BUILDINGS’ COMPLIANCE OR NONCOMPLIANCE. THESE EXCLUSIONS DO NOT LIMIT ANY GOVERNMENT AUTHORITY’S ENFORCEMENT POWERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ECOMONITOR AI LLC AND THE OTHER PERSONS IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and defend EcoMonitor AI, its officers, and its employees from any third-party claims, damages, and expenses arising out of your provision of unauthorized or infringing data, your material violation of the Acceptable Use section, or your unlawful use of the Service, except to the extent caused by EcoMonitor AI.

13. Termination

Either party may terminate these Terms for cause with 15 days’ written notice of a material breach if the breach remains uncured, except that we may terminate immediately if your use is unlawful or you intentionally violate the Acceptable Use section. Notices under these Terms may be given by email, to the address on your account or, for us, the address in the Contact section. You may cancel your subscription at any time. We may suspend your access immediately if your use poses a security risk, is unlawful, or violates the Acceptable Use section. Suspension lasts only as long as needed to address the problem, and we will tell you the reason where the law allows. When your account ends, your right to use the Service ends, and we will handle your data as our Privacy Policy describes. If you terminate for our uncured material breach, we will refund any unused prepaid fees for the remainder of your term. You may ask for a copy of your data before your account closes. The Not Legal or Regulatory Advice, Estimates and ESPM, Your Data and Uploads (as to deletion and export), Fees and Billing (as to amounts owed), Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and Entire Agreement and Confidentiality sections continue to apply after termination.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by a notice in the Service at least 30 days before they take effect. Continued use of the Service after the effective date means you accept the updated Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Washington. Any dispute arising from these Terms or the Service will be resolved by binding arbitration in Clark County, Washington, under the Commercial Arbitration Rules of the American Arbitration Association (with the Consumer Arbitration Rules applying only if the AAA determines they are mandatory for you). Both parties waive the right to a jury trial and the right to bring or participate in a class action. Before initiating arbitration, the parties must attempt to resolve the dispute informally for 30 days. Either party may ask a court of competent jurisdiction for temporary or injunctive relief to protect its intellectual property or Confidential Information, without first going through informal resolution or arbitration, and either party may bring an individual claim in small claims court. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing us at the address in the Contact section.

16. Entire Agreement and Confidentiality

These Terms, together with the Privacy Policy and any applicable pilot agreement, constitute the entire agreement between you and EcoMonitor AI.

Confidentiality. “Confidential Information” means non-public information that one party (the “Discloser”) gives the other party (the “Recipient”) in connection with the Service and that is marked confidential or that a reasonable person would understand to be confidential. For you, it includes your building data, utility readings, uploaded bills and documents, and compliance records. For us, it includes our software, non-public product plans, and security information. The Recipient will use Confidential Information only to perform its obligations or exercise its rights under these Terms, will not disclose it except to its employees, contractors, and professional advisors who need to know it and are bound by confidentiality duties at least as protective as these, and will protect it with at least reasonable care.

Confidentiality obligations do not apply to information that is or becomes public through no fault of the Recipient, was already known to the Recipient without restriction, is developed independently without using the Discloser’s information, or is received from a third party with no duty of confidentiality. The Recipient may disclose Confidential Information if required by law, court order, or government request, giving the Discloser prompt notice where the law allows. We handle your data as described in the Your Data and Uploads section and our Privacy Policy. When your account ends, each party will, on request, return or delete the other’s Confidential Information, except where the law requires it to be kept and except for backups as described in the Privacy Policy. These obligations continue for as long as the Recipient holds the Confidential Information, and for three years after your account ends.

17. Contact

EcoMonitor AI LLC, Vancouver, Washington. Email: ecomonitorai.support@gmail.com