Terms of Service
Last Updated on: January 31, 2025
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION SECTION THAT INCLUDES A CLASS ACTION AND JURY WAIVER AFFECTING YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH PILA ENERGY, INC. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Pila Energy, Inc. and its affiliates (collectively, “Pila”, “us”, “we”, or “our”) provides (1) the Pila website located at www.pilaenergy.com and www.pila.energy, and all associated sites linked to www.pilaenergy.com and www.pila.energy (collectively, the “Website”), (2) software that may be downloaded to your mobile device, including smartphones and tablets, to access certain Pila services (each, an “App”), and (3) certain services that can be accessed through the Apps and/or the Website (collectively the “Services”) which can be used to control and monitor a product manufactured, sold, provided, or offered by Pila, including the Pila battery system, embedded software, communication mesh network, and energy management tools (each including any embedded software therein, a “Product”, and collectively, the “Products”). The Website, Apps, and Services together are collectively known as the “Platform.”
These Terms of Service (the “Terms”) govern your access to and use of the Platform and Products. The term “you” as used in these Terms means any person or entity who accesses or uses the Platform and Products and accepts these Terms, including Owners (as defined below).
THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND PILA. BY ACCEPTING THESE TERMS THROUGH A WEBSITE OR MOBILE APP, OR BY ACCESSING AND USING THE PLATFORM OR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD DISCONNECT YOUR PRODUCT FROM YOUR ACCOUNT AND CEASE ACCESSING OR USING THE PLATFORM AND PRODUCT, AND YOU ACKNOWLEDGE THAT YOUR PRODUCT WILL NO LONGER BE FUNCTIONAL.
SECTION 4 DESCRIBES IMPORTANT LIMITATIONS OF THE PLATFORM AND PRODUCT, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
1. OVERVIEW, GENERAL USE, TERM AND TERMINATION.
1.1 Overview.
These Terms govern your use of the Platform and Products, including Pila’s proprietary programs in object code, Apps, and any embedded software or firmware made available by Pila as part of the Products (collectively, the “Software”). Your purchase of a Product and licensing of the Software pursuant to these Terms are governed by the Limited Warranty provided with that Product (available here) and may be further governed by other terms of sale provided with your Product. The warranty covers manufacturer defects but does not cover misuse, unauthorized modifications, or damage from external factors. Certain features of the Platform may be subject to additional rules, which will be posted in connection with those features. Pila’s Privacy Policy (the “Privacy Policy”), incorporated herein by reference, governs how Pila handles your personal data and can be found here. By using the Platform and Products, you accept and agree to the Privacy Policy.
Subject to the terms and conditions of the license expressly set forth in these Terms, you acknowledge and agree that Pila retains all rights, title, and interest in and to the Software.
1.2 General Use.
By using the Platform and Products, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under the age of 18 but at least 13 years old (a “Minor”), you are using the Platform and Products with the consent of your parent or legal guardian. If you are not at least 13 years old, you may not use the Platform or Products at any time or submit any information to Pila.
If you are a parent or legal guardian permitting a Minor to use the Platform and Products, you agree to bind the Minor to these Terms and fully indemnify and hold Pila harmless for any breaches of these Terms by the Minor, including all financial charges and legal liabilities arising from the Minor’s use of the Platform and Products.
1.3 Term and Termination.
These Terms will remain in full force and effect as long as you continue to access or use the Platform or Products, or until terminated by either Pila or yourself. Pila may suspend or terminate your access to the Platform or Products if it determines, in good faith, that you have violated these Terms, including any incorporated guidelines, terms, or rules.
If you transfer a Product to a new owner, your right to use the Platform and associated Products automatically terminates. The new owner must register a separate account and agree to these Terms independently.
Pila does not provide refunds for terminated accounts or unused portions of the Platform, except as required by applicable law or as stated in Pila’s Warranty and Refund Policy. Refunds may be available in cases of warranty-related product returns.
2. ACCOUNTS.
2.1 General.
You may browse certain sections of the Pila Website without creating an account. However, to access specific features of the Platform, including the ability to monitor and control Products through the App or Website, you must create a Pila account (“Account”).
By registering for an Account, you represent and warrant that:
All registration information provided by you is truthful, accurate, and complete.
You will maintain the accuracy of such information.
Your use of the Platform and Products will comply with all applicable U.S. laws and regulations.
Failure to maintain accurate information may result in the suspension or termination of your Account.
2.2 Account Registration and Security.
To create an Account, you will be required to provide a valid email address and create a password. Your email address will serve as your primary Account identifier.
You are responsible for maintaining the confidentiality of your Account credentials, including your password. You agree to:
Not share your login credentials with others.
Accept full responsibility for all activities conducted under your Account.
If you believe your Account has been compromised, you must notify Pila immediately at support@pila.energy.
2.3. Account Rules.
All information provided during Account registration and through the Platform must be truthful, accurate, and up to date.
You may update your Account information directly through your Account settings or by contacting support@pila.energy.
You are solely responsible for:
Maintaining the confidentiality of your Account credentials, including your password.
All activities that occur under your Account.
You agree not to share your password, allow others to access your Account, or take any action that could compromise the security of your Account.
If you suspect unauthorized use of your Account, a breach of security, or loss of your password, you must immediately notify Pila at support@pila.energy.
2.4. Electronic Communications.
By creating a Pila Account and using the Platform, you consent to receiving electronic communications from Pila, which may include:
Product updates and feature announcements.
Security notices and service alerts.
Administrative and legal communications, such as updates to these Terms.
These communications are an integral part of your relationship with Pila. You agree that electronic notifications satisfy any legal requirement for written communication. Standard data rates may apply based on your service provider.
2.5. Permits and Compliance.
You understand and agree that:
Local authorities may require permits or registrations depending on how the Pila Product is used.
You are solely responsible for obtaining, maintaining, and renewing any permits or registrations required by your jurisdiction.
Pila is not responsible for any fines, penalties, or legal consequences resulting from your failure to comply with local regulations.
2.6. Ownership and Transfer of Accounts.
Accounts are personal and may not be shared or transferred between users.
If you transfer ownership of a Pila Product to another party:
Your access to the Platform for that Product will automatically terminate.
The new owner must create their own Account and accept these Terms.
To transfer a product, the new owner must provide proof of purchase or confirm the transfer through the Pila App. Some warranty and service features may not transfer if the original registration was incomplete.
2.7. Termination and Suspension of Accounts.
Pila reserves the right to suspend or terminate your Account if you:
Violate these Terms.
Use the Platform in a harmful, unauthorized, or abusive manner.
Where reasonable, Pila will attempt to notify you before account termination. Upon termination, your access to the Platform and related services will be revoked immediately.
3. RIGHT TO USE THE PLATFORM AND PRODUCTS; THIRD-PARTY PRODUCT AND SERVICE; CHANGES.
3.1. License Grant to Platform and Materials.
Subject to your compliance with these Terms, Pila grants you a limited, personal, non-exclusive, non-transferable, and revocable license to:
Use the Platform, Products, and all associated software (including embedded software) solely for personal, non-commercial use in the United States.
Download and install the Pila mobile app on devices you personally own or control.
Access and use the Platform to monitor and control your Pila Product.
This license extends to Product documentation, including user manuals, installation guides, and other instructional materials provided by Pila (collectively, “Materials”). All rights not expressly granted to you under these Terms are reserved by Pila. No ownership rights to the Platform, Products, or any related intellectual property are transferred or assigned to you through this license.
3.2. Restrictions.
You agree not to:
Modify, disassemble, decompile, reverse-engineer, or attempt to access the source code of the Platform, Products, or Software, except where expressly permitted by applicable law.
Resell, sublicense, or commercially distribute the Platform, Products, or Software to any third party.
Rent or lease the Platform, Products, or Software as a standalone service or as part of a commercial arrangement. This restriction does not apply to property owners or landlords who rent homes where Pila Products are installed, provided that access to the Platform and Products is transferred according to Pila’s account transfer policies.
Use the Platform or Products for any unlawful or unauthorized purpose or in violation of applicable laws or regulations.
Circumvent, disable, interfere with, or tamper with any security-related features of the Platform, Products, or Software, including features that enforce restrictions on copying, data collection, or device functionality.
Remove or alter any proprietary rights notices (e.g., copyright, trademark) from the Platform, Products, or Materials.
Use the Platform or Products for critical safety applications or life-support systems where failure could lead to injury or loss of life.
3.3. Automatic Updates.
Pila may, from time to time, develop and deploy patches, bug fixes, performance enhancements, security improvements, and other modifications to improve the functionality and performance of the Platform and Products (“Updates”). To ensure security, reliability, and compliance with regulatory requirements, all Updates will be automatically installed on your Products and the Platform without prior notice or additional consent. By using the Platform and Products, you acknowledge and agree that automatic Updates are required for continued functionality. Updates may modify, enhance, limit, or remove certain features or functionalities. Pila is not responsible for restoring previous versions or features after an Update.
If you do not wish to receive automatic Updates, your sole remedy is to discontinue use of the Platform and Products and terminate your Account. Pila is not responsible for degraded performance, security vulnerabilities, or functionality limitations resulting from failure to install required Updates.
3.4. Third-Party Products and Services.
Pila may offer the ability to interface or integrate the Platform and Products with certain third-party products, platforms, or services (“Third-Party Services”), such as smart home ecosystems, energy management tools, or utility demand response programs. These integrations, when made available, will generally be optional and require your explicit consent for activation.
However, certain energy services or grid-based integrations may be enabled by default for users who consented to participation during account setup, product registration, or program enrollment. You will have the ability to disable or modify your participation in such services through your Pila Account settings, subject to any applicable agreements with third-party providers.
If you choose to integrate a Third-Party Service with your Pila system, you acknowledge and agree that:
Data Sharing: Pila may share limited data, such as energy usage and system performance data, with the Third-Party Service, subject to their privacy policies and terms of service.
Independent Operation: Third-Party Services operate independently from Pila, and Pila makes no representations or warranties regarding their quality, availability, security, or reliability.
No Liability: Pila is not responsible for any damages, data loss, service interruptions, or performance issues resulting from your use of or reliance on a Third-Party Service.
Revocation: You may revoke consent for a Third-Party Service at any time through your Account settings or by contacting Pila Support.
No Critical Use: Third-Party Services are not intended for critical safety applications or life-support systems and should not be relied on for such use.
Pila is not responsible for any loss, security breaches, or performance issues resulting from these integrations. You may revoke access at any time through your Account settings.
Pila reserves the right to modify, suspend, or discontinue support for any Third-Party Service at its sole discretion.
3.5. Unauthorized Activities
When using the Platform and Products, you agree not to engage in any of the following unauthorized activities:
(i) Reverse Engineering or Modification: Attempting to modify, disassemble, decompile, reverse-engineer, or otherwise tamper with the Platform, Products, or Software, except as permitted by applicable law;
(ii) Security Violations: Circumventing, disabling, or interfering with security-related features, access controls, or encryption mechanisms intended to protect the Platform, Products, or any related systems;
(iii) Unauthorized Use: Using the Platform or Products for life-support systems, emergency situations, or other critical applications where failure could result in injury, loss of life, or property damage;
(iv) Commercial Exploitation: Renting, leasing, reselling, sublicensing, or using the Platform, Products, or Software for any commercial purpose without express written consent from Pila;
(v) Malicious Use: Uploading, transmitting, or introducing viruses, malware, or other harmful code intended to disrupt, damage, or impair the functionality of the Platform or Products;
(vi) Fraudulent Behavior: Providing false information, impersonating another individual or entity, misrepresenting your identity, or engaging in fraudulent activity while using the Platform or Products;
(vii) Interference and Network Abuse: Attempting to disrupt, overload, or interfere with the normal operation of the Platform, including but not limited to: (a) excessive or abusive API calls; (b) unauthorized data scraping or data harvesting; (c) initiating denial-of-service (DDoS) attacks; or (d) exploiting system vulnerabilities or performance limitations;
(viii) Inappropriate Content and Behavior: Posting or sharing content through the Platform that is defamatory, obscene, harassing, discriminatory, violent, or otherwise harmful to Pila’s reputation or other users; and
(ix) Copyright and Intellectual Property Violations: Posting, distributing, or reproducing any copyrighted, trademarked, or proprietary materials without proper authorization.
Enforcement and Consequences:
Violations of this section may result in: (i) immediate suspension or termination of your Account; (ii) revocation of access to the Platform and Products; and (iii) legal action where applicable. Pila reserves the right to report any such activity to relevant law enforcement authorities and fully cooperate with investigations of illegal activity.
3.6. Privacy and Security
Please review our Privacy Policy, which describes how Pila collects, uses, and protects the information you provide when using the Platform and Products. Pila employs reasonable security measures to safeguard your personal information from unauthorized access, use, or disclosure. However, Pila cannot guarantee that unauthorized third parties will not gain access to your information despite these measures. You acknowledge and agree that you provide your personal information to Pila at your own risk and that Pila will not be responsible for unauthorized access resulting from factors beyond its reasonable control.
3.7. Changes
Pila reserves the right to modify, update, add, or remove content, features, and services available through the Platform at any time without prior notice. Additionally, Pila may amend these Terms at its discretion by posting the revised Terms on the Platform, notifying you via the Platform, email, or other reasonable means. Your continued use of the Platform and Products after such modifications constitutes your acceptance of the updated Terms. If you do not agree with any modifications, your sole remedy is to discontinue use of the Platform and terminate your Account.
3.8. Geographic Restrictions
Pila operates and controls the Platform and Products from its headquarters in the United States. The Platform, Products, and Materials are intended solely for use by customers located in the U.S. and may not be appropriate or available for use in other jurisdictions. If you access the Platform from outside the U.S., you are solely responsible for complying with all applicable local laws and regulations.
4. INTENDED USE AND PRODUCT LIMITATIONS (for Pila)
4.1. Intended Use.
The Platform is intended for general energy management and monitoring purposes only and is not designed for real-time critical control. Use of the Platform and Products is subject to the limitations and availability described in these Terms and may be impacted by factors such as connectivity, software updates, or system compatibility.
4.2. No Critical Usage.
You acknowledge and agree that the Platform and Products are not designed or certified for use in critical safety or emergency situations, including life-support systems, medical equipment, or other critical applications where failure could result in injury, loss of life, or significant property damage. Pila makes no representation or warranty that the use of the Platform or Products will affect or enhance personal safety or emergency preparedness.
YOU AGREE NOT TO RELY ON THE PLATFORM OR PRODUCTS FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. PILA DISCLAIMS ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR FINANCIAL LOSS ARISING FROM USE IN LIFE-SUPPORT, MEDICAL, OR EMERGENCY SYSTEMS.
Notifications provided by the Platform, including alerts about system performance or power status, are for informational purposes only and do not replace professional emergency monitoring systems.
You acknowledge that the Platform and Products, whether used independently or in conjunction with third-party services, are not intended to act as emergency response systems. Pila does not monitor emergency conditions and will not contact emergency services on your behalf under any circumstances. If you require life-safety monitoring or emergency services, you should obtain and maintain a third-party emergency notification system.
4.3. Service Availability.
You acknowledge that certain features of the Platform, including remote access, mobile notifications, and cloud-based functionality, require an active internet connection and may not be fully accessible without one. However, some core functions of the Products may continue to operate locally, even in the absence of an internet connection.
The proper functioning of internet-dependent Platform features relies on the transmission of data through your broadband internet network or cellular service, the enabled wireless device (such as a smartphone or tablet), and your access to broadband internet or cellular service, which Pila does not control and is not responsible for. Service availability may be impacted by factors including but not limited to:
(i) Insufficient network coverage, power outages, termination of service, network access limitations;
(ii) Environmental conditions, interference, system congestion, hardware malfunctions; or
(iii) Priority access given to emergency responders during critical events.
These and other factors may cause interruptions, delays, or limitations in certain aspects of Platform functionality (“Service Interruptions”). You acknowledge that such Service Interruptions may affect internet-dependent features but do not necessarily impact offline functionality. Pila is not responsible for any damages or losses caused by Service Interruptions.
Pila does not guarantee the receipt or timing of notifications generated by the Platform. Some Platform features may be temporarily suspended without notice for system updates, maintenance, security improvements, or technical issues. You acknowledge that Pila does not offer specific uptime guarantees, and you will not be entitled to any refund or compensation for temporary service suspensions.
4.4. System Requirements.
The Platform relies on the following system elements for full functionality, and some features may be limited or unavailable without them:
(i) A functioning wireless local area network (Wi-Fi) capable of communicating with the Platform and Products;
(ii) An active Pila Account;
(iii) A compatible and supported wireless device, such as a smartphone or tablet (required for accessing certain features and functionalities of the Platform);
(iv) Continuous broadband Internet access with sufficient bandwidth to support cloud-dependent features of the Products; and
(v) Other system elements specified by Pila in product documentation.
You are responsible for ensuring that all required system elements are properly installed, compatible, and configured. Pila does not guarantee that all aspects of the Platform or Products will function as described if the system requirements are not met or maintained. Any modifications, substitutions, relocations, or other changes to these elements are your sole responsibility, and Pila disclaims responsibility for performance issues arising from such changes.
4.5. Cellular Connectivity Backup.
In the event of service interruptions to your home’s primary internet connection, certain features of the Platform may become unreliable, limited, or temporarily unavailable for the duration of the disruption. If the Product includes a cellular backup feature, Pila may attempt to use it to maintain connectivity; however, this backup service is not guaranteed and may be subject to limitations, including coverage availability, network congestion, or service outages. Pila does not guarantee uninterrupted access to all Platform features during internet disruptions and will not be liable for data loss, reduced functionality, or performance degradation during such events.
4.6. Energy Savings.
Pila does not guarantee or promise any specific level of energy savings, cost reductions, or financial benefits from the use of the Products or Platform. Actual energy savings and monetary benefits will vary based on numerous factors beyond Pila’s control, including but not limited to user behavior, household energy consumption patterns, utility rates, grid conditions, and external market factors.
From time to time, Pila may use the Platform to provide insights, recommendations, or estimated energy-saving opportunities based on available data regarding your energy usage patterns and historical consumption. These insights are for informational purposes only and do not constitute a guarantee of actual performance or savings.
You acknowledge and agree that:
(i) Pila makes no warranties or representations regarding the accuracy, completeness, or effectiveness of any energy-saving recommendations provided through the Platform;
(ii) Energy performance can be influenced by factors outside of Pila’s control, including local utility policies and infrastructure limitations; and
(iii) You will not seek monetary compensation, refunds, or other remedies from Pila in the event that energy savings are lower than estimated or not realized.
5. THIRD-PARTY LIMITATIONS.
5.1. General.
The Platform and Products may interoperate with third-party products, services, and technologies (“Third-Party Services”), such as smart home automation platforms, demand response programs, or utility integrations. These integrations are optional and may require an active internet connection depending on the specific third-party service and its capabilities. You acknowledge and agree that:
(i) Some Third-Party Services require an internet connection to function, while others may operate locally within your home network. If your Pila Product is not connected to the internet, integrations that rely on cloud-based services will be unavailable, but local integrations may still function as supported by the third-party provider.
(ii) Pila makes no guarantees regarding the continued availability, performance, or compatibility of Third-Party Services, which may change due to third-party modifications, network limitations, or service interruptions.
(iii) Pila is not responsible for any loss of functionality, reduced performance, or inability to use Third-Party Services resulting from lack of an internet connection where required, or from issues with third-party platforms.
If you choose to integrate a Third-Party Service, you are responsible for ensuring that your network setup supports the required connectivity for that specific service.
5.2. Third-Party Service Providers Used by Pila.
Pila utilizes third-party service providers to enable critical functions of the Platform, including but not limited to, cloud-based data storage, mobile application support, communication protocols, and energy management integrations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS PILA AND ITS THIRD-PARTY SERVICE PROVIDERS FROM ANY LIABILITY, DAMAGES, OR LOSSES, INCLUDING PERSONAL INJURY OR LOSS OF LIFE, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS OR PLATFORM IN CONNECTION WITH THIRD-PARTY SERVICES.
5.3. Equipment, Internet Service Providers (ISP), and Mobile Operators.
The availability and functionality of certain features of the Platform may depend on the proper functioning of user-supplied equipment and services, including:
(i) Your personal devices, such as a smartphone or tablet (required for mobile and remote access to the Platform);
(ii) Your home Wi-Fi network, Bluetooth connectivity, or other local communication protocols where applicable;
(iii) Your internet service provider (“ISP”) and their network performance (for cloud-based Platform features and remote access to Products); and
(iv) Your mobile device operator and their service coverage (for mobile access to the Platform).
You acknowledge that you are solely responsible for ensuring that your equipment meets Pila’s system requirements and is properly maintained. Pila is not responsible for any fees, service interruptions, or performance issues arising from your ISP, mobile operator, or home network setup. Some Platform features may function without internet connectivity, but Pila does not guarantee the availability of cloud-based services, remote monitoring, or third-party integrations if your Product is offline. You are responsible for complying with the terms and conditions of your ISP and mobile service providers.
5.4. App Stores.
You acknowledge and agree that the availability of the Apps is dependent on third-party platforms from which you download the Apps, such as the Apple App Store and Google Play Store (each, an “App Store”). These Terms are between you and Pila, not with any App Store. Each App Store may have separate terms and conditions you must agree to before downloading the App, and you are solely responsible for complying with those terms. If any terms of the App Store conflict with these Terms, the more restrictive provisions shall apply to your use of the Platform.
5.5. Third-Party Website Links and Referrals.
The Platform and Website may include links to external websites and references to third-party vendors (“Third-Party Sites”) for informational purposes. Pila does not control, review, endorse, or assume responsibility for the content, security, or practices of these Third-Party Sites. Access and use of such Third-Party Sites are at your own risk, and Pila disclaims all liability for any damage or loss arising from your interaction with such sites or services.
5.6. Release Regarding Third Parties.
Pila disclaims all responsibility for third parties or their products and services, including but not limited to App Stores, Third-Party Services, Third-Party Sites, Equipment, ISPs, and mobile operators. You acknowledge that these third parties operate independently of Pila, and their performance, availability, and terms are beyond Pila’s control. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND DISCHARGE PILA, ITS LICENSORS, AND SUPPLIERS FROM ALL CLAIMS, LIABILITIES, DAMAGES, AND LOSSES ARISING FROM OR RELATING TO YOUR INTERACTIONS WITH THIRD PARTIES AND THEIR PRODUCTS, SERVICES, INTEGRATIONS, OR INFRASTRUCTURE THAT PILA DOES NOT CONTROL.
You also waive your rights under California Civil Code Section 1542, which states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
This waiver applies only to the extent permitted by applicable law. This release does not apply to claims resulting from Pila’s own gross negligence, fraud, or intentional misconduct.
6. OWNERSHIP AND INTELLECTUAL PROPERTY.
6.1. Pila Property.
You acknowledge and agree that all intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, and proprietary technologies in the Platform, Products, and Materials, are owned exclusively by Pila Energy, Inc., its affiliates, or licensors. Access and use of the Platform, Products, and Materials under these Terms do not grant you any ownership rights or transfer of title. Pila retains all rights not expressly granted under these Terms. The Platform and Materials are provided under a limited license for your use and are not sold. Any unauthorized use of Pila’s intellectual property or materials beyond the scope permitted in these Terms is strictly prohibited.
6.2. Feedback.
If you submit or provide any feedback, suggestions, ideas, or recommendations to Pila regarding the Platform, Products, or Materials, including proposals for new features or functionality (collectively, “Feedback”), you acknowledge and agree that such Feedback is voluntarily provided and shall be considered non-confidential and non-proprietary. By submitting Feedback, you:
(i) Assign all right, title, and interest in the Feedback to Pila, to the maximum extent permitted by applicable law.
(ii) Where full assignment is not possible under applicable law, you grant Pila a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, modify, and incorporate the Feedback for any purpose, including product development, marketing, and service improvement.
(iii) Waive any moral rights or rights of attribution related to the Feedback to the extent permitted by applicable law.
Pila is under no obligation to use, implement, or publish any Feedback provided and you shall have no right to compel such use or seek compensation for it.
6.3. Your Submissions.
Pila may provide you with the ability to submit content to the Platform. You are solely responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds, or other materials you submit, upload, post, or otherwise make available on or through the Platform (“Submissions”). You represent and warrant that you have the necessary rights to share any content submitted and that such content does not violate intellectual property rights, privacy rights, or any other rights of third parties. You are fully responsible for any resulting legal liability or damages caused by your Submissions.
You may not upload, post, or otherwise submit any material protected by copyright, trademark, or other proprietary rights without the express permission of the rights holder. You agree that Pila will not be held responsible for verifying the originality of the Submissions you provide.
By submitting content, you grant Pila a non-exclusive, worldwide, royalty-free, fully paid, perpetual, irrevocable license (including the right to sublicense) to use, reproduce, modify, adapt, publicly perform, publicly display, distribute, prepare derivative works of, and otherwise exploit your Submissions in any format or media now known or later developed. This license allows Pila to use Submissions for purposes such as improving the Platform, marketing, or development of services. Pila reserves the right to modify your Submissions where necessary to conform to Platform requirements and technical limitations.
Pila will use any personally identifiable information included in your Submissions in accordance with its Privacy Policy. You agree not to submit content that violates the "Unauthorized Activities" section of these Terms. Pila is under no obligation to monitor, edit, or remove user-submitted content but reserves the right to do so if such content violates these Terms or applicable laws.
6.4. Copyright/Trademark Information.
Unless otherwise specified, all content and materials appearing on the Platform, Products, and Materials, including documents, manuals, presentations, services, site design, text, audio, graphics, images, videos, and icons, as well as their arrangement, are the sole property of Pila Energy, Inc. or its licensors. All rights not expressly granted in these Terms are reserved.
The names, logos, trade dress, and branding used on the Platform and Products are proprietary to Pila Energy, Inc. or their respective owners. Any references to branding, names, or identifiers do not imply trademark registration unless expressly stated. Unauthorized use of Pila’s branding, copyrighted content, or proprietary materials—including copying, modifying, distributing, retransmitting, or publishing— is strictly prohibited without express written consent from Pila or the respective rights holder, except as otherwise permitted by applicable law.
7. INDEMNITY.
a. You agree to indemnify, defend, and hold harmless Pila Energy, Inc., and its officers, directors, employees, affiliates, agents, and licensors from and against any and all claims, actions, causes of action, suits, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, disbursements, and court costs) arising out of or related to: (i) your use of the Platform or Products, including any actions taken by individuals accessing the Platform through your account credentials; (ii) your breach of these Terms; (iii) any Submissions or Feedback you provide, including intellectual property disputes arising from such content; or (iv) your violation of applicable laws or the rights of any third party.
b. Nothing in this section shall be construed to require indemnification where such requirement would render this clause, in whole or in part, void or unenforceable under applicable law. Pila reserves the right, at your expense, to assume exclusive control over the defense of any matter subject to indemnification under this section. If Pila assumes defense, you agree to cooperate fully as requested in the defense or settlement of the claim. You agree not to settle any claim without Pila’s prior written consent. Pila will use reasonable efforts to notify you promptly of any claim, action, or proceeding for which it seeks indemnification upon becoming aware of it.
8. DISCLAIMERS.
a. Your use of the Platform and Products is at your own risk. The content and materials provided through the Platform, including but not limited to product information, software, and related documentation (collectively, the “Materials”), may contain inaccuracies, typographical errors, or other mistakes. Pila makes no representations or warranties regarding the accuracy, completeness, or timeliness of the Materials. Pila disclaims all liability for any errors or omissions in the Materials, whether provided by Pila, its licensors, suppliers, or other users. Product information provided via the Platform is offered on an “as-is” and “as-available” basis and should not be relied upon for critical decisions regarding your home energy system. Accessing product information through the Platform is not a substitute for consulting the information directly available on the Product.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PILA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE PLATFORM OR PRODUCTS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM HARMFUL COMPONENTS. PILA DOES NOT GUARANTEE THAT THE PLATFORM OR PRODUCTS WILL FUNCTION WITHOUT DELAYS, ERRORS, INTERRUPTIONS, OR DATA LOSS.
c. PILA DISCLAIMS LIABILITY FOR ANY THIRD-PARTY SERVICES OR PRODUCTS INTEGRATED OR USED IN CONJUNCTION WITH THE PLATFORM OR PRODUCTS, INCLUDING ANY ISSUES ARISING FROM THE PERFORMANCE, SECURITY, OR RELIABILITY OF SUCH THIRD-PARTY SERVICES.
d. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY PILA, ITS REPRESENTATIVES, OR ITS AUTHORIZED PARTNERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
e. While the Pila Battery is designed to function independently without an internet connection, certain features require connectivity for optimal performance. If your Pila Battery is not connected to the internet, you may be unable to receive software updates, remote diagnostics, energy insights, and other cloud-enabled features. Pila is not responsible for any performance limitations, missed updates, or reduced functionality due to lack of internet connectivity. If a warranty claim is submitted for a battery that is not connected to the internet, Pila may require additional steps to verify product performance and usage history. By using the Platform and Products, you acknowledge that an internet connection is strongly recommended, but not required, and that certain features and services may not be available if you choose not to connect your device.
9. LIMITATION OF LIABILITY.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PILA ENERGY, INC. BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, OR OTHER ECONOMIC ADVANTAGE, REGARDLESS OF THE FORM OF ACTION, EVEN IF PILA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PILA’S TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE, OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO SECTION 9(a) ABOVE, ARISING FROM OR RELATED TO THE PRODUCTS OR PLATFORM, REGARDLESS OF WHETHER CLAIMS FOR SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PILA OR AN AUTHORIZED RESELLER FOR THE PRODUCTS IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD.
c. PILA DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE ACTIONS OR OMISSIONS OF PILA’S LICENSORS, SUPPLIERS, OR THIRD-PARTY SERVICE PROVIDERS. PILA SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE, COPYING, DOWNLOADING, OR DISPLAYING OF MATERIALS FROM THE PLATFORM OR FOR ANY RELIANCE ON SUCH MATERIALS.
10. DISPUTE RESOLUTION, ARBITRATION, CLASS ACTION WAIVER.
Please read the following (this “Section 10”) carefully as it affects your rights. Most customer concerns can be resolved quickly and satisfactorily by contacting us at support@pila.energy. This Section facilitates the prompt and efficient resolution of disputes through binding arbitration between you and Pila Energy, Inc. (“Pila”). Arbitration replaces the right to go to court. Arbitration is a private dispute resolution process where individuals waive their rights to file a lawsuit, proceed in court, and to a jury trial, instead submitting disputes to a neutral third party (an “Arbitrator”) for a binding decision.
You have the right to opt out of this Section 10 (as explained below), which would allow you to retain your right to litigate disputes in court, either before a judge or jury. Without this arbitration agreement, you might otherwise have the right to bring claims in court or participate in class actions. Except as otherwise provided, agreeing to this Section constitutes a waiver of your right to litigate claims in court, including the right to be heard by a judge or jury. There is no judge or jury in arbitration, and the court’s review of an arbitration decision is limited. The Arbitrator must follow these Terms and can award the same damages and relief as a court, including attorney’s fees.
10.1. Definitions.
For the purposes of this Section:
“Pila” means Pila Energy, Inc., its affiliates, officers, directors, employees, agents, successors, and assigns.
“Dispute” means any claim, controversy, or dispute between you and Pila that arises from or relates to these Terms, the Platform, or the Products, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.
“Dispute” includes the validity, enforceability, or scope of this Section 10, except for the enforceability of the Class Action Waiver below.
“Dispute” is to be interpreted as broadly as legally permissible and includes claims against third parties where you also assert claims against Pila in the same proceeding.
10.2. Agreement to Arbitrate.
YOU AND PILA AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES (AS DEFINED ABOVE), WHETHER EXISTING NOW OR ARISING IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY THROUGH BINDING ARBITRATION RATHER THAN IN COURT.
10.3. Pre-Arbitration Claim Resolution.
For all Disputes, whether pursued in court or arbitration, you must first give Pila an opportunity to resolve the Dispute. You must commence this process by mailing a written notification to:
Pila Energy, Inc.
ATTN: Legal Department
45 29th St, San Francisco, CA 94110
The written notification must include:
(i) Your full name and contact information.
(ii) A detailed written description of your Dispute.
(iii) A description of the specific relief you seek.
If Pila does not resolve the Dispute within 45 days of receiving your written notification, you may pursue your Dispute in arbitration or court as outlined in this Section 10.
10.4. Exclusions from Arbitration/Right to Opt-Out.
Notwithstanding the agreement to arbitrate, you or Pila may choose to pursue a Dispute in court and not through arbitration if:
(i) The Dispute qualifies to be filed in small claims court.
(ii) You opt-out of this arbitration agreement within 30 days of first accepting these Terms (the “Opt-Out Deadline”).
To opt out, you must send a written notice to:
Pila Energy, Inc.
ATTN: Legal Department
45 29th St, San Francisco, CA 94110
The written notice must include:
Your full name and contact information.
A clear statement that you do not wish to resolve disputes with Pila through arbitration.
Your decision to opt out will have no adverse effect on your relationship with Pila or the functionality of your Product. However, any opt-out request received after the Opt-Out Deadline will be invalid, and you will be required to resolve disputes as described in this Section 10.
10.5. Arbitration Procedures.
If this Section 10 applies and the Dispute is not resolved as provided in Section 10.3 (Pre-Arbitration Claim Resolution), either you or Pila may initiate arbitration proceedings. Arbitration will be administered by JAMS (www.jamsadr.com) and conducted before a single, neutral arbitrator. The arbitration shall be initiated and conducted as an individual arbitration only and shall not proceed as a class, consolidated, or representative action.
All issues, including the enforceability and interpretation of this Section 10, shall be determined exclusively by the arbitrator. The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply to the arbitration. You can access these rules at www.jamsadr.com or by calling 1-800-352-5267.
This Section 10 shall govern if there is a conflict between it and the JAMS rules. Class action procedures and rules are explicitly prohibited under this arbitration agreement.
As the Platform and Products involve interstate commerce, this arbitration agreement shall be governed by the Federal Arbitration Act (FAA). However, the arbitrator will apply applicable substantive law consistent with the FAA, including statutes of limitation or conditions precedent to filing a claim.
10.6. Arbitration Award.
The arbitrator may award, on an individual basis, any relief available under applicable law and will not have the authority to issue relief to, against, or for the benefit of any individual or entity not a party to the arbitration. The arbitrator will issue the award in writing but is not required to provide a statement of reasons unless requested by either party. The arbitration award will be final and binding on both parties, except for any rights of appeal provided under the Federal Arbitration Act (FAA). The award may be enforced in any court with proper jurisdiction.
10.7. Location of Arbitration.
You or Pila may initiate arbitration in either the City and County of San Francisco, California or the federal judicial district that includes your billing address. If you select the federal judicial district where your billing address is located, Pila reserves the right to transfer the arbitration to San Francisco, California, provided that Pila agrees to cover any additional fees or costs incurred as a result of the transfer, as determined by the arbitrator.
10.8. Payment of Arbitration Fees and Costs.
Pila will cover all arbitration filing fees and the arbitrator’s costs and expenses as required by the applicable arbitration rules, provided you submit a written request before the commencement of the arbitration. You will be responsible for any additional fees and costs you incur in the arbitration, including but not limited to attorney’s fees, expert witness fees, and any other related costs, except where applicable law provides otherwise. If you provide notice and engage in good faith negotiations with Pila as outlined in the “Pre-Arbitration Claim Resolution” section and the arbitrator determines you are the prevailing party, you may be entitled to recover reasonable attorneys' fees and costs, as determined by the arbitrator and consistent with applicable law.
10.9. Class Action Waiver.
Except as otherwise specified in this Section 10, the arbitrator shall not consolidate claims from multiple parties or oversee any form of class, collective, or representative claims (such as a class action, consolidated lawsuit, or private attorney general action) unless both you and Pila explicitly agree to do so in writing after arbitration is initiated. If you opt out of arbitration as described above or pursue a qualifying small claims court action, this Class Action Waiver will not apply. Neither you nor any other user of the Platform may act as a class representative, class member, or participate in any class, collective, or representative proceeding without adhering to the opt-out requirements set forth above.
10.10. Jury Waiver.
You understand and agree that, unless you opt out of this Section 10 as specified above, you and Pila are each waiving the right to a jury trial or a trial before a judge in a public court. Without this Section 10, you and Pila may otherwise have the right to bring Disputes in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including class actions). Except as specifically provided in this Section 10, those rights are waived. Other procedural rights available in court, such as the right to appeal and certain types of discovery, may also be limited or waived.
10.11. Severability.
If any clause within this Section 10 (other than the Class Action Waiver) is determined to be illegal or unenforceable, that clause will be severed, and the remainder of this Section 10 will remain in full force and effect. However, if the Class Action Waiver is found to be illegal or unenforceable, this entire Section 10 will be rendered unenforceable, and the Dispute will be resolved in a court of law.
10.12. Continuation.
This Section 10 shall survive the termination of your access to or use of the Platform and Products. If Pila makes any changes to this Section 10 (other than a change to the notice address), you will have the right to reject those changes and require Pila to adhere to the language in this Section 10 as it stood at the time of your acceptance, provided a dispute arises between you and Pila.
11. AGGREGATE DATA.
You agree that Pila Energy, Inc. ("Pila") may collect, generate, and aggregate technical data, metadata, energy usage data, and other data related to your use of the Platform and Products, provided such data is de-identified and anonymized in accordance with applicable privacy laws and standards (“Aggregate Data”). Pila may use this Aggregate Data for purposes including but not limited to analyzing, improving, supporting, and operating the Platform and Products, as well as for research, development, and industry benchmarking purposes. Pila may share Aggregate Data, which is fully de-identified and anonymized, with third parties such as industry partners, regulatory agencies, or research institutions. No personal data or information that could identify a specific user, household, or account will be shared. Pila does not sell personal data to third parties. If you have questions about how your data is used or wish to limit certain uses, please refer to our Privacy Policy or contact support@pilaenergy.com.
12. GENERAL
Pila Energy, Inc. (“Pila”) prefers to provide notice and recommend corrective actions if it determines you are not complying with these Terms. However, certain violations of these Terms, as determined by Pila in its sole discretion, may result in the immediate suspension or termination of your access to the Platform and Products without prior notice.
These Terms are governed by the Federal Arbitration Act, California state law, and applicable U.S. federal law, without regard to conflict of law provisions. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for disputes subject to arbitration as described in Section 10, any disputes related to these Terms, the Platform, or Products will be heard exclusively in the courts located in the City and County of San Francisco, California.
Pila’s failure to enforce any provision of these Terms shall not be considered a waiver of that provision or any other rights. These Terms constitute the entire agreement between you and Pila, superseding any prior or contemporaneous agreements, communications, or negotiations regarding the Platform and Products.
The proprietary rights, disclaimers of warranties, indemnities, limitations of liability, dispute resolution provisions, and other general provisions shall survive any termination of these Terms. Section headings are included for convenience only and have no legal or binding effect. The words "including" and "include" mean "including without limitation."
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full effect. The invalid or unenforceable provision shall be modified or limited only to the extent necessary to make it enforceable while still maintaining the intent of the original provision.
You may not assign, transfer, delegate, or subcontract your rights or obligations under these Terms without prior written consent from Pila. Any attempted assignment, transfer, delegation, or subcontract without such consent will be void. Pila may freely assign these Terms, and the terms and conditions will be binding on permitted successors and assigns.