Terms of Service

Important: These Terms contain warranty disclaimers, limits of liability, indemnity obligations, and an agreement to resolve most disputes through individual binding arbitration. Please read them carefully and keep a copy for your records.

1. Agreement, business use, and authority

These Terms of Service (the Terms) are a binding agreement between ACEWATT, a California corporation (AceWatt, we, us, or our), and the business or organization that obtains or uses the Service (Customer). Each person who accesses the Service for a Customer is a User. The Service means AceWatt's websites, hosted customer-relationship-management platform, mobile or installable applications, customer and vendor portals, APIs, AI-assisted features, communications tools, documentation, and related services.

The Service is offered for business and professional use by electrical contractors and related organizations, not for personal, family, or household use. If you create an account, purchase a subscription, or accept these Terms for a Customer, you represent that you are at least 18 years old and have authority to bind that Customer. Invited Users who do not have authority to bind the Customer still agree to the provisions that apply to Users, including acceptable-use, confidentiality, communications, intellectual-property, dispute-resolution, and compliance obligations.

You must not use the Service if you do not agree to these Terms and acknowledge the Privacy Policy. An order form, online checkout disclosure, data-processing addendum in Section 8, or other written agreement signed by AceWatt may add to these Terms. If documents conflict, the order of precedence is: (1) a signed order form or negotiated agreement; (2) the data-processing terms for personal-data issues; (3) these Terms; and (4) product documentation.

2. The Service; plans; beta and AI features

AceWatt provides workflow software for customer and lead management, estimating and quoting, contracts, scheduling and dispatch, field documentation, time and location records, invoicing and payments, communications, reporting, integrations, and related functions. Features, limits, support levels, and usage allowances depend on the selected plan and may change as described in these Terms.

We may improve, replace, add, or discontinue features. We will not materially reduce the core functionality of a paid plan during its then-current paid billing period without reasonable notice, except where necessary to address security, legal, provider, or abuse risks. Preview, beta, experimental, or evaluation features may be changed or withdrawn at any time, may be less reliable, and are provided without a service-level commitment.

The Service is not an emergency service, dispatch authority, public-safety system, licensed trade professional, law firm, accounting firm, payroll processor, tax adviser, engineer, architect, or authority having jurisdiction. Customer must maintain appropriate independent procedures for emergencies and legally required records.

3. Accounts, administrators, and security

Customer must provide accurate account and company information and keep it current. Customer controls its Users, roles, permissions, integrations, and Customer Data. Customer administrators may access, export, correct, restrict, or delete data and User access on Customer's behalf. Users understand that their Customer administrator may control their account and content.

Customer is responsible for: (a) authorizing Users; (b) promptly removing access for former or unauthorized personnel; (c) protecting credentials, devices, recovery methods, API tokens, and integration connections; (d) using available role and security controls; and (e) activity performed through its accounts except to the extent caused by AceWatt's breach of these Terms. Accounts and credentials may not be shared between individuals. Customer must promptly notify support@acewatt.com of suspected unauthorized access or security incidents involving the Service.

4. Trials, subscriptions, recurring billing, and payment

4.1 Trials and conversion

Unless an offer states otherwise, a trial lasts 14 days. A payment method may be required. The checkout screen will disclose the selected plan price, billing interval, trial end, and recurring-payment terms before Customer confirms. Unless Customer cancels before the trial ends, the subscription automatically converts to the selected paid plan and the payment method is charged.

4.2 Automatic renewal

Paid subscriptions automatically renew for successive periods equal to the then-current billing period until canceled. By separately confirming the automatic-renewal disclosure at checkout, Customer authorizes AceWatt and its payment processor to charge the disclosed recurring fees, applicable taxes, and authorized usage charges to the payment method on file. Customer may cancel through the available billing portal or by contacting support@acewatt.com. Cancellation takes effect at the end of the current paid period unless the checkout or billing portal expressly says otherwise. Customer retains access through that date, subject to these Terms.

4.3 Fees, taxes, changes, and refunds

Customer must pay the fees shown at checkout or in an order form. Fees are in U.S. dollars unless stated otherwise. Customer is responsible for applicable sales, use, withholding, and similar taxes, excluding taxes on AceWatt's net income. We may change renewal pricing with at least 30 days' advance notice or the longer notice required by law; a price change applies no earlier than the next renewal after the notice period. Customer may cancel before the changed price takes effect.

Except where an order form or non-waivable law states otherwise, fees are non-refundable and non-creditable, and partial periods are not refunded. One-time AI-credit purchases have no cash value, are nontransferable, and do not expire while the purchasing Customer's account remains open, but unused credits may become unavailable when the account is terminated. Failed or overdue payments may result in retries, suspension, or termination. Customer will reimburse reasonable collection costs permitted by law.

4.4 Payment processor

Stripe or another disclosed processor handles payment-card and bank information. AceWatt does not intend to store full payment-card numbers. The processor's terms and privacy notice also apply to its services. Chargebacks must not be used to avoid a valid payment obligation; Customer should contact us first to resolve billing questions.

5. Customer Data, instructions, and responsibility

Customer Data means data, content, files, communications, records, and instructions submitted to or generated through the Service for Customer, including data about Customer's customers, prospects, workers, subcontractors, vendors, projects, prices, finances, locations, calls, messages, recordings, photos, documents, signatures, and AI inputs or outputs.

As between the parties, Customer owns Customer Data. Customer grants AceWatt and its subprocessors a worldwide, non-exclusive right to host, copy, transmit, display, transform, analyze, and otherwise process Customer Data only as needed to provide, secure, support, maintain, and improve the Service; comply with Customer instructions and law; and enforce these Terms. This license ends when the relevant data is deleted, subject to legal obligations, security records, de-identified data, and backup cycles.

Customer represents and warrants that it has all rights, notices, licenses, permissions, and consents required to collect, upload, record, analyze, disclose, and instruct AceWatt to process Customer Data. Customer is responsible for the accuracy, legality, quality, and content of Customer Data and for maintaining copies of records it is legally or operationally required to retain. Customer must not submit data subject to special regulatory regimes, including protected health information, classified information, criminal-justice information, or full payment-card data, unless AceWatt has expressly agreed in writing to support that data.

AceWatt may create and use aggregated or de-identified information that cannot reasonably identify Customer or any individual to operate, secure, analyze, and improve the Service. We will not attempt to re-identify that information except to test de-identification or as required by law.

6. Customer communications, recordings, and marketing compliance

The Service may enable Customer to send email, SMS, calls, reminders, campaigns, forms, portal messages, and automated or AI-assisted communications. Customer—not AceWatt—is the sender, caller, and content author for communications initiated for Customer. Customer is solely responsible for:

• obtaining and documenting every consent required by the Telephone Consumer Protection Act, state mini-TCPA laws, telemarketing rules, call-recording laws, and similar laws;
• honoring revocation, do-not-call, STOP, unsubscribe, quiet-hour, frequency, and channel preferences within the time required by law;
• using accurate sender identity, non-deceptive subjects and content, and a valid postal address where required by the CAN-SPAM Act;
• distinguishing transactional messages from advertising and obtaining any heightened consent required for marketing or automated messages;
• providing legally sufficient notice and consent before recording or transcribing calls, meetings, workers, customers, or job-site activity; and
• reviewing AI-generated communication before it is sent.

Customer must not purchase or upload unlawfully obtained contact lists, use misleading caller identity, send unlawful or abusive content, or attempt to bypass suppression controls. Provider or carrier rules may block or filter messages. Delivery, routing, or receipt is not guaranteed.

7. AI-assisted features and professional review

AI features may analyze text, audio, photos, blueprints, documents, prices, schedules, and other Customer Data and may produce estimates, takeoffs, summaries, classifications, drafts, recommendations, or other output. AI output is probabilistic and may be incomplete, inaccurate, duplicated, outdated, or unsafe. Similar input from other users may produce similar output.

Customer must independently review and verify AI output before relying on, sharing, sending, pricing, ordering, scheduling, signing, filing, or acting on it. AI output is not legal, tax, accounting, engineering, architectural, code-compliance, safety, employment, or other professional advice. It does not replace field verification, licensed judgment, manufacturer instructions, contract review, permits, inspections, utility requirements, or the applicable electrical code. Customer is responsible for final quantities, scope, labor, pricing, margins, taxes, dates, code requirements, and contractual language.

Customer must not use AI features as the sole basis for decisions that create legal or similarly significant effects for individuals, including hiring, firing, pay, discipline, credit, housing, insurance, or eligibility decisions. Customer must not submit secrets or sensitive personal information to an AI feature unless necessary, authorized, and appropriate for that feature. AceWatt may use third-party model providers as subprocessors; available models and providers may change.

8. Data Processing Addendum

This Section 8 is a data processing addendum (DPA) and applies when AceWatt processes personal information in Customer Data on Customer's behalf.

8.1 Roles and instructions

Customer is the controller or business and AceWatt is the processor, service provider, or contractor, as those terms are defined by applicable privacy law. Customer instructs AceWatt to process personal information to provide, secure, support, maintain, and improve the Service; enable Customer-configured integrations and communications; prevent fraud and abuse; and comply with documented instructions and law. Customer is responsible for the lawfulness of its instructions and for providing notices and handling individual requests as controller.

8.2 Processing details

The duration is the subscription term plus the limited retention and backup periods described in the Privacy Policy. Data subjects may include Customer's Users, employees, applicants, customers, prospects, household members, subcontractors, vendors, portal users, and communication recipients. Data may include identifiers and contact data; account, professional, employment, licensing, payroll, emergency-contact, commercial, transaction, project, property, device, usage, support, communications, content, signature, precise-location, and integration data; and any other data Customer chooses to submit. Processing includes collection, storage, organization, retrieval, use, analysis, transmission, disclosure to authorized subprocessors, restriction, export, deletion, and de-identification.

8.3 Service-provider restrictions

AceWatt will not sell or share personal information received from or on behalf of Customer; retain, use, or disclose it outside the direct business relationship with Customer or for a commercial purpose other than the specific business purposes in this DPA; or combine it with personal information from another source except as permitted by applicable law. AceWatt will provide the same level of privacy protection required of a service provider or contractor, process only for the limited purposes above, and notify Customer if we determine we can no longer meet those obligations. Customer may take reasonable and appropriate steps to stop and remediate unauthorized use after notice.

8.4 Confidentiality, security, and incidents

AceWatt will require personnel authorized to process Customer personal information to protect its confidentiality and will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of the data and risk. If AceWatt confirms unauthorized access to or acquisition of Customer Data in AceWatt's control, we will notify Customer without undue delay and provide reasonably available information needed for Customer's response. Notice is not an admission of fault or liability. Customer is responsible for incidents caused by Customer credentials, devices, configurations, integrations, Users, or instructions.

8.5 Subprocessors and transfers

Customer generally authorizes AceWatt to use subprocessors for hosting, authentication, payments, communications, support, monitoring, analytics, AI, accounting, and Customer-directed integrations. AceWatt will impose data-protection obligations appropriate to each subprocessor's services and remains responsible for its DPA obligations. Current categories and material providers are described in the Privacy Policy. Processing may occur in the United States and other locations where AceWatt or its subprocessors operate, subject to legally required transfer safeguards.

8.6 Assistance, deletion, and audits

Taking into account the nature of processing and information available to us, AceWatt will reasonably assist Customer with legally required individual requests, security obligations, assessments, and regulator inquiries. On termination or a valid instruction, AceWatt will delete or return Customer personal information as described in the Privacy Policy, unless law requires retention. On reasonable written request no more than once annually, AceWatt will provide information reasonably necessary to demonstrate compliance with this DPA. Any additional audit must be legally required, scoped to relevant systems, subject to confidentiality and security restrictions, avoid other customers' data, minimize operational disruption, and be at Customer's expense unless it reveals material noncompliance.

9. Construction, contracting, financial, and regulatory compliance

AceWatt supplies configurable software and templates, not legal or professional services. Customer is the contractor, merchant, employer, record owner, and party to every Customer transaction. AceWatt is not a party to Customer's quotes, contracts, change orders, invoices, payment plans, warranties, lien notices, employment records, permits, or customer disputes.

Customer is solely responsible for verifying that every document and workflow satisfies the laws of each jurisdiction and project, including licensing, home-improvement contract language, cancellation notices, deposit limits, mechanics-lien notices and waivers, retainage, payment schedules, taxes, prevailing wages, overtime, worker classification, accessibility, electronic-record consent, signatures, record retention, privacy, and industry rules. Default clauses and calculations are starting points only. Customer must have qualified counsel, accountants, payroll professionals, and licensed trade professionals review them when appropriate.

10. Third-party services and integrations

Customer may connect third-party services such as authentication, payment, communications, AI, accounting, mapping, supplier, or storage providers. Customer authorizes AceWatt to exchange Customer Data with those services as directed. Third-party terms, availability, security, data practices, fees, and changes are controlled by the third party. AceWatt is not responsible for a third-party service, its acts or omissions, or Customer's relationship with it. Disabling an integration may not delete data already transmitted to the third party.

11. Acceptable use

Customer and Users must not, and must not help anyone to:

• violate law, another person's rights, carrier or provider rules, or these Terms;
• access another tenant, account, system, or data without authorization;
• upload malware; probe or defeat security, rate limits, authentication, usage limits, or technical restrictions; or disrupt the Service;
• scrape, crawl, harvest, benchmark for publication, reverse engineer, decompile, or attempt to derive source code, models, prompts, or non-public data except where a restriction is prohibited by law;
• rent, resell, sublicense, time-share, or provide the Service as a service bureau without written permission;
• use the Service or its output to build or train a competing product or model, or to infringe, defame, harass, discriminate, deceive, or cause harm;
• submit unlawful, infringing, deceptive, sexually exploitative, or dangerous content;
• use the Service for emergency dispatch, life-safety control, high-risk autonomous decisions, or activities where failure could cause death, personal injury, or severe property or environmental harm; or
• represent AI output as independently verified when it has not been reviewed.

We may investigate suspected violations, preserve evidence, limit traffic, remove content, or suspend access when reasonably necessary to protect the Service, users, third parties, or law. We may cooperate with lawful process.

12. Intellectual property and feedback

AceWatt and its licensors own the Service, software, designs, documentation, models, workflows, and related intellectual property, excluding Customer Data. Subject to payment and compliance, AceWatt grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to permit its authorized Users to use the Service for Customer's internal business operations.

If Customer provides feedback, ideas, or suggestions, Customer grants AceWatt a perpetual, worldwide, irrevocable, royalty-free right to use them without restriction or attribution. This does not grant AceWatt ownership of Customer Data.

13. Confidentiality

Each party may receive non-public information identified as confidential or that reasonably should be understood as confidential. The receiving party will use it only to perform or exercise rights under these Terms, protect it with at least reasonable care, and disclose it only to personnel, advisers, and subprocessors who need to know and are bound to protect it. These duties do not cover information the recipient can document was lawfully known without restriction, independently developed, publicly available without breach, or rightfully received from another source. A recipient may disclose information when legally required after giving notice where permitted and reasonably cooperating at the discloser's expense.

14. Electronic communications, records, and signatures

Customer agrees to transact electronically and receive account, billing, security, policy, and service notices at the account email or in the Service. Customer is responsible for keeping contact information current. A modern browser, internet connection, and software capable of viewing and saving HTML and PDF files are required. Policies can be printed or saved from their public pages. Paper copies may be requested from support@acewatt.com; reasonable shipping costs may apply if disclosed in advance.

Customer may withdraw consent to electronic platform records by contacting support@acewatt.com, but because the Service is digital, withdrawal may require termination of online access after legally required records are provided. Withdrawal does not affect records or signatures validly completed before it takes effect.

Electronic actions, typed names, checked boxes, account credentials, and digital signatures may constitute signatures and records. Customer is responsible for configuring Customer-facing signature workflows, identity checks, disclosures, retention, and consent to satisfy the law governing each Customer transaction. AceWatt does not guarantee that a particular Customer document or signature is legally sufficient.

15. Suspension and termination

Customer may terminate by canceling renewal and allowing the current term to expire, or as stated in an order form. We may suspend or limit access immediately if reasonably necessary to address a security threat, unlawful use, abuse, nonpayment, provider restriction, legal requirement, or material breach. Where practicable, we will give notice and an opportunity to cure. We may terminate for uncured material breach after 10 days' notice, immediately for unlawful or dangerous use, or if continuing the Service becomes unlawful or commercially impracticable.

After termination, Customer's right to use the Service ends. Customer should export required records before access ends. We may provide a limited retrieval period where operationally available, but do not guarantee post-termination access unless an order form says otherwise. Sections that by nature should survive—including payment, intellectual property, confidentiality, disclaimers, indemnity, liability limits, dispute resolution, and records of acceptance—survive.

16. Warranties and disclaimers

Each party warrants that it has authority to enter these Terms. AceWatt warrants that paid Service will materially conform to its then-current documentation under normal authorized use. Customer's exclusive remedy for breach of this limited warranty is for AceWatt to use commercially reasonable efforts to correct the material nonconformity; if we cannot, Customer may terminate the affected paid Service and receive a prorated refund of prepaid unused fees for the terminated period.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE SERVICE, AI OUTPUT, TEMPLATES, DATA, INTEGRATIONS, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ACEWATT DISCLAIMS ALL IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. ACEWATT DOES NOT WARRANT THAT THE SERVICE OR OUTPUT WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, COMPLETE, LEGALLY COMPLIANT, OR SUITABLE FOR A PARTICULAR PROJECT, CODE, PRICE, TAX, CONTRACT, OR BUSINESS RESULT.

17. Indemnification

Customer will defend, indemnify, and hold harmless AceWatt, its affiliates, licensors, subprocessors, and their personnel from third-party claims, damages, penalties, judgments, settlements, costs, and reasonable attorneys' fees arising from: (a) Customer Data or Customer instructions; (b) Customer's projects, services, employment practices, communications, recordings, marketing, contracts, invoices, signatures, taxes, permits, code compliance, or customer relationships; (c) Customer's or a User's violation of law, third-party rights, or these Terms; or (d) use of the Service in combination with items not supplied by AceWatt, except to the extent caused by AceWatt's breach of these Terms.

AceWatt will promptly notify Customer of an indemnified claim, allow Customer to control the defense and settlement, and reasonably cooperate at Customer's expense. Customer may not admit fault for AceWatt, impose non-monetary obligations on AceWatt, or settle without a full release of AceWatt unless AceWatt consents in writing.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. ACEWATT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) FEES PAID OR PAYABLE BY CUSTOMER TO ACEWATT FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US $100.

The exclusions and cap apply across all theories and claims and even if a remedy fails of its essential purpose. They do not limit Customer's payment obligations, Customer's indemnity obligations, or liability that cannot legally be limited. Some jurisdictions do not allow certain exclusions, so they apply only to the extent permitted.

19. Disputes, arbitration, and class-action waiver

19.1 Informal resolution

Before filing a claim, the complaining party must send a written notice describing the claim and requested relief to the other party. Notices to AceWatt may be sent to support@acewatt.com or by mail to ACEWATT, 13902 Hamlin St, Valley Glen, CA 91401. The parties will try in good faith to resolve the dispute for 30 days. Limitation periods are tolled during that period.

19.2 Binding individual arbitration

Except for small-claims matters and requests for temporary or injunctive relief involving unauthorized access, security, confidentiality, or intellectual property, any dispute arising from the Service or these Terms will be resolved by binding individual arbitration under the Federal Arbitration Act and the American Arbitration Association's Commercial Arbitration Rules before one arbitrator. Arbitration may occur by video, telephone, documents, or in person at a reasonably convenient U.S. location. The arbitrator may award the same individual remedies a court could award and will provide a reasoned written decision. Judgment may be entered in any court with jurisdiction.

19.3 No class or representative proceedings

DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable for a particular claim or remedy, that claim or remedy will be decided by a court after the remaining arbitrable claims are completed.

19.4 Arbitration opt-out

Customer may opt out of Sections 19.2 and 19.3 by emailing support@acewatt.com within 30 days after first accepting this policy set. The notice must identify Customer, the account email, and an authorized representative and state that Customer opts out of arbitration. Opting out does not affect other Terms.

19.5 Governing law and courts

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs arbitration. For disputes that are not subject to arbitration, each party consents to exclusive jurisdiction in the state and federal courts located in Los Angeles County, California, and waives objections to venue. Mandatory law that cannot be waived remains applicable.

20. Changes to these Terms

We may update these Terms to reflect legal, security, provider, or Service changes. We will post the fixed effective date and version. If a change materially affects Customer's rights or obligations, we will provide reasonable advance notice when practicable and require an authorized User to expressly accept the new policy set before normal use resumes. We will not treat silent continued use alone as acceptance of a materially revised policy where the Service can obtain express acceptance. Non-material clarifications may take effect when posted.

21. General terms

Neither party is liable for delay caused by events beyond reasonable control, excluding payment obligations. Customer may not assign these Terms without AceWatt's written consent; AceWatt may assign them in connection with a merger, reorganization, sale of assets, or affiliate transfer. The parties are independent contractors; these Terms create no partnership, agency, fiduciary, franchise, or employment relationship. Customer may not export or use the Service in violation of U.S. sanctions or export laws.

Notices may be delivered electronically. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder remains effective. Headings are for convenience. “Including” means “including without limitation.” These Terms and incorporated documents are the entire agreement about the Service and supersede prior proposals and understandings on that subject. No Customer purchase-order term modifies them unless AceWatt expressly agrees in writing.

22. Contact

Questions, legal notices, arbitration opt-outs, and electronic-record requests may be sent to support@acewatt.com or by mail to ACEWATT, 13902 Hamlin St, Valley Glen, CA 91401.