Terms and Conditions

Last Updated: March 27, 2025

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a legal agreement between you and DaisyChain Energy ("DaisyChain," "we," "us," or "our") governing your access to and use of our website, mobile applications, Electric Load Orchestra ("ELO") energy management platform, and related services (collectively, the "Services").

By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

If you are using the Services on behalf of a company, organization, or other entity (a "Legal Entity"), you represent and warrant that you have the authority to bind that Legal Entity to these Terms. In such cases, "you" and "your" will refer to both you as an individual and that Legal Entity.

2. Definitions

  • "Agreement" refers to these Terms and any other policies and agreements referenced herein.

  • "Content" means text, images, photos, audio, video, graphics, and all other forms of data or communication.

  • "ELO Platform" refers to our proprietary Energy Management Software Platform that allows monitoring, management, and optimization of energy systems.

  • "Personal Information" means information that identifies or can reasonably be linked to an individual.

  • "Property" refers to a residential or commercial property where solar panels, heat pumps, EV chargers, or other energy equipment may be installed, repaired, or maintained.

  • "Property Owner" means the owner of Property that is the object of our Services.

  • "Third Party Products" means products, services, and applications provided by third parties that may interact with our Services.

  • "User" means anyone accessing or using our Services.

3. Service Description

DaisyChain Energy provides clean energy infrastructure solutions for multi-family residential and commercial buildings. Our Services include:

3.1 Installation and Infrastructure

We design, plan, and install solar panels, heat pumps, EV chargers, electrical meters, and other clean energy technology. We finance up to 100% of the cost for installing these systems under our "We Pay For It" model, or provide design and installation services under our "You Own It" model.

3.2 Energy Management Platform

The ELO Platform provides energy monitoring, reporting, billing, and management capabilities for installed energy technologies. The platform collects data from installed systems, analyzes performance, and provides insights and controls.

3.3 Submetering Services

We provide submetering services for multi-tenant buildings, including tracking usage and billing residents at standard residential utility rates.

4. User Accounts

4.1 Account Creation

To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

4.3 Account Termination

We reserve the right to terminate or suspend your account at any time for any reason, including if we believe you have violated these Terms. You may terminate your account at any time by contacting us.

5. Software License and Intellectual Property

5.1 Limited License

Subject to your compliance with these Terms, DaisyChain grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or internal business purposes only. This license does not include the right to copy, modify, distribute, sell, lease, rent, or sublicense any portion of our Services.

5.2 Ownership

The Services, including all content, features, and functionality, are owned by DaisyChain Energy and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. DaisyChain owns and retains all rights in the Services and any content we create.

5.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free license to use, modify, and commercialize that feedback without restriction or compensation to you.

5.4 Third-Party Content

Our Services may contain content from third parties. We do not endorse, guarantee, or assume responsibility for any such third-party content.

6. API and Data Access

6.1 API License

If you are granted access to the DaisyChain application programming interface ("API"), your use of such API is governed by these Terms and any supplemental API license terms provided to you.

6.2 Data Collection and Use

Our Services collect data related to your energy systems, including energy production, consumption, and system performance. You grant us the right to collect, process, and analyze this data to provide and improve our Services, generate reports, calculate bills, and develop aggregate statistics and analytics.

6.3 Restrictions on Data Use

You may not: (a) use any manual or automated means to scrape data from our Services; (b) attempt to gain unauthorized access to our Services or systems; (c) use our Services to build a competitive product or service; or (d) use our Services in any manner that exceeds the scope of the license granted herein.

7. User Responsibilities and Conduct

7.1 Compliance with Laws

You agree to use our Services in compliance with all applicable laws, regulations, and third-party rights.

7.2 Prohibited Activities

You agree not to:

  • Use the Services in any manner that could damage, disable, overburden, or impair our systems

  • Attempt to gain unauthorized access to any portion of the Services

  • Use any robot, spider, or other automated means to access the Services

  • Interfere with or disrupt the operation of the Services or servers

  • Use the Services for any illegal or unauthorized purpose

  • Transmit any viruses, malware, or other harmful code

  • Attempt to decompile, reverse engineer, or disassemble any portion of the Services

7.3 Equipment and Connections

You are responsible for obtaining, maintaining, and paying for all hardware and telecommunications services needed to access and use our Services. We are not responsible for any failures related to your equipment or internet connectivity.

8. Financial Terms

8.1 Payment for Services

Fees for our Services will be specified in the service agreement between DaisyChain Energy and you or the Property Owner. All payment obligations are non-disputable, and all amounts paid are non-refundable unless otherwise specified in writing.

8.2 Submetering Billing

For buildings where we provide submetering services, residents will be billed at standard residential utility rates in accordance with applicable laws and regulations governing submetering practices.

8.3 Taxes

All fees are exclusive of taxes, which will be charged as applicable.

9. System Installation and Equipment

9.1 Equipment Ownership

Depending on the business model selected ("We Pay For It" or "You Own It"), ownership of installed equipment will be determined according to the specific agreement between DaisyChain Energy and the Property Owner.

9.2 Access and Maintenance

Property Owners agree to provide reasonable access to their premises for the installation, maintenance, and monitoring of equipment. Additional terms regarding access, maintenance, and equipment responsibilities will be specified in the service agreement.

9.3 Equipment Warranties

Any warranties for installed equipment are provided by the equipment manufacturers and are subject to the manufacturers' warranty terms and conditions. DaisyChain Energy will assist in processing warranty claims but is not the warrantor of third-party equipment.

10. Data Privacy and Security

10.1 Privacy Policy

Our collection and use of Personal Information is governed by our Privacy Policy, available at https://app.daisychain.energy/privacy-policy, which is incorporated into these Terms by reference.

10.2 Data Security

We implement reasonable security measures to protect the data collected through our Services. However, no data transmission or storage system is completely secure. We cannot guarantee the security of information transmitted to or from our Services.

10.3 Third-Party Access

You acknowledge that your distributor, installer, or DaisyChain may have access to your energy system data for purposes of providing technical support services. Any authorized users you add to your account will have access to all information related to your energy systems.

11. Disclaimer Regarding Energy Savings

DaisyChain uses government data, weather data, and general financial calculations to create savings forecasts and production estimates that are made available through our Services. However, DaisyChain makes no representations or warranties regarding such data, calculations, or processes. DAISYCHAIN SHALL IN NO WAY BE HELD RESPONSIBLE FOR ANY DIFFERENCE BETWEEN POTENTIAL OUTLINED IN A PROPOSAL FOR A SOLAR INSTALLATION AND ACTUAL SAVINGS ACHIEVED BY HAVING A COMPLETED SOLAR INSTALLATION ON A PROPERTY OWNER'S PROPERTY. By using our Services, you expressly acknowledge and agree to this disclaimer.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DAISYCHAIN ENERGY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAISYCHAIN'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT PAID BY YOU TO DAISYCHAIN FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (2) ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to indemnify, defend, and hold harmless DaisyChain Energy and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.

15. Third-Party Links and Services

Our Services may contain links to or integrate with third-party websites, services, or products. These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the content or practices of any linked third-party services and do not make any warranties about them.

16. Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or power failures.

17. Modifications to Terms

We may modify these Terms at any time by posting the revised Terms on our website. The revised Terms will become effective immediately for new users and 30 days after posting for existing users. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.

18. Solar API Access and Integration

18.1 API License

Certain features of our Services may enable the integration of data from third-party solar providers via their API. You represent and warrant that you have all necessary rights, consents, and permissions to access and use such third-party APIs in connection with our Services.

18.2 Third-Party API Terms

Your use of any third-party solar provider's API through our Services is subject to that provider's terms and conditions. You agree to comply with all applicable third-party terms when using our Services to access third-party APIs.

18.3 API Limitations

We do not guarantee the continued availability or functionality of any third-party API integration. Third-party providers may modify or discontinue their API at any time, which may affect the functionality of our Services.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

19.2 Dispute Resolution

Any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration conducted by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the language of the arbitration shall be English.

19.3 Class Action Waiver

YOU AND DAISYCHAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with any additional terms incorporated by reference, constitute the entire agreement between you and DaisyChain regarding the Services and supersede all prior agreements and understandings.

20.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

20.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

20.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

20.5 Contact Information

If you have any questions about these Terms, please contact us at:

DaisyChain Energy

19 Morris Ave

Brooklyn, NY 11205

Email: legal@daisychain.energy