Terms of Service

Last updated: [PM-DRAFT — Scott approval required: date of publication] — Version 1.1

1. Acceptance of Terms

By creating an account or using GridMind Cloud ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Description of Service

GridMind Cloud provides energy monitoring, automation, and optimization for residential solar and battery systems. The Service connects to third-party system APIs (Tesla, Enphase, etc.) to collect data and send commands to your energy equipment on your behalf.

3. 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.

GridMind does not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• Energy readings, forecasts, or financial calculations will be accurate
• Automated commands will execute correctly or produce expected results
• The Service will be compatible with all energy systems or configurations

4. Equipment Risk Acknowledgment

By using GridMind to control your energy equipment (Powerwall settings, charge rates, operation modes, battery reserve levels, or any other controllable parameter), you acknowledge and accept that:

• Automated commands could cause unintended equipment behavior
• Software bugs, API changes, or network issues could result in incorrect commands being sent
• You are solely responsible for monitoring your equipment and overriding any automated actions
• GridMind is not responsible for any equipment damage, malfunction, or performance degradation
• GridMind is not responsible for financial losses resulting from automated energy management decisions

5. Limitation of Liability

IN NO EVENT SHALL GRIDMIND, ITS OWNERS, OPERATORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Equipment damage or degradation
• Financial losses from energy trading, export credits, or utility charges
• Power outages or grid disconnection
• Data loss or corruption
• Property damage
• Personal injury

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if GridMind has been advised of the possibility of such damages.

Your total cumulative liability from GridMind shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

6. Third-Party Services

GridMind relies on third-party APIs (Tesla Fleet API, Enphase API, Stripe, etc.) that may change, become unavailable, or rate-limit access at any time without notice. GridMind is not responsible for failures, data inaccuracies, or service disruptions caused by third-party services.

7. Indemnification

You agree to indemnify, defend, and hold harmless GridMind and its owners from any claims, damages, losses, liabilities, costs, or expenses (including attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

8. No Uptime Guarantee

GridMind does not guarantee any specific uptime or availability. The Service may be unavailable at any time for maintenance, updates, or due to circumstances beyond our control. No service level agreement (SLA) is offered.

AI features

[PM-DRAFT — Scott approval required] GridMind Pro's insights, anomaly alerts and "Ask GridMind" answers are produced with third-party AI services (OpenAI, Google Gemini). To produce them we send your recent energy readings, tariff and system configuration to those providers; we do not send your name, email address or credentials. You are asked to allow this before the first AI feature runs and can withdraw it in Settings at any time.

Apple in-app purchases

[PM-DRAFT — Scott approval required] Subscriptions bought in the iOS app are billed by Apple under Apple's Media Services Terms. Renewal, cancellation and refunds are handled through your Apple Account, not by GridMind; deleting your GridMind account does not cancel an Apple subscription.

Data export and deletion

[PM-DRAFT — Scott approval required] You can export the data GridMind holds about you from Settings › About & Legal, and delete your account from Settings › Delete Account. Deletion removes your systems, readings and rules within 30 days; billing records are retained for 7 years as required by law.

9. Subscriptions and Billing

• Free tier features are available at no cost with no time limit
• Pro subscriptions are billed monthly or annually via Stripe
• Subscriptions auto-renew unless canceled at least 24 hours before the renewal date
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods
• Prices may change with 30 days' notice to active subscribers

10. Account Responsibilities

You are responsible for maintaining the security of your account credentials. You must not share your account or use the Service for any unlawful purpose. You must be at least 18 years old to use the Service.

11. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of data as described therein.

12. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. You may delete your account at any time through the app settings.

13. Force Majeure

GridMind shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, power failures, internet service interruptions, third-party API changes, government actions, or pandemics.

14. Changes to Terms

We may update these Terms at any time. When we do, we will update the "Last updated" date and version number. Continued use of the Service after changes constitutes acceptance. For material changes, we will require re-acceptance through the app.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States. Any disputes shall be resolved through binding arbitration.

16. Contact

For questions about these Terms, contact us at legal@gridmindpower.com.