Terms of Service

1. Acceptance of Terms

By accessing or using the EnergiDash platform and website (collectively, the "Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. The Service is operated by Energy Heights Services ("we," "us," or "our").

2. Description of Service

EnergiDash is a software and information platform designed to assist users with energy benchmarking, compliance tracking, and reporting related to New York City local laws, including Local Law 84 and Local Law 97. The platform integrates with third-party data sources, including ENERGY STAR Portfolio Manager, to surface benchmarking and compliance-related information.

EnergiDash is a software tool, not a professional services firm. Nothing in the Service constitutes legal, engineering, accounting, tax, regulatory, or compliance advice.

3. User Responsibilities

You are solely responsible for:

• Verifying the accuracy and completeness of all information generated or displayed by the Service before relying on it for any regulatory, legal, financial, or engineering purpose.
• Ensuring your use of the platform complies with all applicable local, state, and federal laws and regulations.
• Maintaining the confidentiality of your account credentials and notifying us promptly of any unauthorized use.
• The accuracy of data you upload or enter into the platform.

4. No Guarantees

We do not guarantee:

• Compliance or regulatory acceptance — Results, reports, or data displayed by the platform do not constitute official determinations of compliance with Local Law 84, Local Law 97, or any other regulation. Acceptance of any filing by any government agency is not guaranteed.
• Accuracy — Calculations, projections, and data are estimates based on available information and may contain errors or be based on outdated sources.
• Uninterrupted availability — We do not guarantee that the Service will be available at all times, free of errors, or uninterrupted.
• Error-free results — Software may contain bugs or produce incorrect outputs under certain conditions.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENERGY HEIGHTS SERVICES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

7. Intellectual Property

All content, software, design, text, graphics, logos, and other materials on the EnergiDash platform are the property of Energy Heights Services or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written consent.

You retain ownership of data you upload or input into the platform. By providing that data, you grant us a limited license to process and display it solely for the purpose of providing the Service to you.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to any part of the Service or its underlying systems.
• Scrape, crawl, or automate access to the Service without our written permission.
• Introduce malware, viruses, or other harmful code.
• Misrepresent your identity or affiliation when using the Service.
• Interfere with or disrupt the integrity or performance of the Service.

9. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in New York.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a revised effective date. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

12. Contact