Terms of Use
The website located at www.wattowl.com (the "Site") is owned and operated by Watt Owl, Inc. ("Company," "we," "us," or "our"). These Terms of Use ("Terms") set forth the legally binding terms and conditions that govern your use of the Site and any related services, tools, or features we provide (collectively, the "Service").
By accessing or using the Service, you accept these Terms on behalf of yourself or the entity you represent. You represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with these Terms, do not access or use the Service. You must be at least 18 years old to use the Service.
PLEASE READ SECTION 10 CAREFULLY. IT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
1. Description of Service
Watt Owl provides an electricity plan comparison service for consumers in the deregulated Texas electricity market. The Service allows you to:
- View electricity plans available in your service area based on your ZIP code
- Compare estimated monthly costs based on your actual or expected usage
- Access links to retail electricity providers ("REPs") to enroll in plans
Watt Owl is not a retail electricity provider. We do not sell, resell, or supply electricity. We are an informational comparison service and licensed broker registered with the Public Utility Commission of Texas ("PUCT"). Any enrollment in an electricity plan is a direct transaction between you and the REP you select, subject to that REP's terms and conditions.
2. How We Are Compensated
We do not charge consumers for using the Service. Watt Owl receives referral fees, affiliate commissions, or broker commissions from REPs when you enroll in an electricity plan through or as a result of using the Service. These commissions are paid by the REP and do not increase your electricity rate. Our plan rankings and cost estimates are based on your usage data and plan terms, not on the compensation we receive from any REP.
3. Accounts
3.1 Account Creation
Certain features of the Service may require you to register for an account ("Account"). You represent and warrant that all registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You may delete your Account at any time by contacting us. We may suspend or terminate your Account in accordance with Section 8.
3.2 Account Responsibilities
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 use of your Account. We will not be liable for any loss or damage arising from your failure to maintain the security of your Account.
4. License and Access
4.1 License
Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use.
4.2 Restrictions
You shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Service; (c) access the Service to build a similar or competitive product or service; or (d) copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Service in any form except as expressly permitted herein.
4.3 Prohibited Activities
You agree not to:
- Use any robot, spider, scraper, or automated tool to extract data from the Service without our prior written consent (we conditionally grant operators of public search engines revocable permission to use spiders solely for creating publicly available searchable indices, subject to our robots.txt file)
- Interfere with or disrupt the Service or servers connected to the Service
- Attempt to gain unauthorized access to any part of the Service
- Use the Service to transmit malicious code, spam, or other harmful content
- Misrepresent your identity or affiliation when using the Service
- Use the Service for any unlawful purpose
- Take any action that imposes an unreasonable load on our infrastructure
4.4 Modification
We reserve the right to modify, suspend, or discontinue the Service (in whole or in part) at any time with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
5. Intellectual Property
5.1 Ownership
The Watt Owl name, logo, website design, software, and original content are the property of Watt Owl, Inc. and are protected by copyright and trademark laws. Neither these Terms nor your access to the Service transfers any intellectual property rights to you, except for the limited license in Section 4.1. We reserve all rights not expressly granted in these Terms.
5.2 Electricity Plan Data
Electricity plan information displayed on the Service is derived from publicly available sources, including official regulatory filings and provider disclosures. We present this data in good faith but do not claim ownership of the underlying plan terms set by REPs.
5.3 Feedback
If you provide us with feedback or suggestions regarding the Service ("Feedback"), you assign to us all rights in such Feedback and agree that we may use it without restriction or compensation. Do not submit information you consider confidential or proprietary.
6. Electricity-Specific Disclaimers
6.1 No Guarantee of Savings
While we strive to help you find competitive electricity rates, we do not guarantee that you will save money by switching plans or providers. Actual costs depend on many factors, including your usage patterns, billing cycles, fees, and market conditions.
6.2 Estimated Costs
Cost estimates displayed on the Service are calculated based on the plan terms available to us and the usage data you provide or that we estimate. These are estimates only and may differ from your actual bill. Factors such as TDSP delivery charges, taxes, fees, usage variations, and billing cycle timing can cause actual costs to differ from estimates.
6.3 Rates and Availability
Electricity rates and plan availability change frequently. Information displayed on the Service reflects data available at the time of display and may not reflect real-time pricing. Always verify plan details — including rates, fees, contract length, early termination fees, and special conditions — directly with the REP before enrolling.
6.4 REP Relationship
If you enroll in an electricity plan through the Service, your contractual relationship is with the REP, not with Watt Owl. The REP has final authority to complete or decline your enrollment based on credit review, usage history, or other factors. We are not responsible for any REP's billing disputes, service quality, outages, contract terms, or customer service.
6.5 Not Professional Advice
The Service provides information to help you compare plans. We do not provide financial, legal, or professional advice. You should independently evaluate any plan before enrolling.
7. Third-Party Links
The Service contains links to REP websites and other third-party services. These are not under our control, and we do not endorse or assume responsibility for them. Your use of third-party websites is subject to their terms and conditions. You should investigate any third party before proceeding with a transaction.
8. Term and Termination
These Terms remain in effect while you use the Service. We may suspend or terminate your access to the Service (including your Account) at any time for any reason at our sole discretion, including for any violation of these Terms. Upon termination, your right to access and use the Service ceases immediately. Termination may include deletion of your Account data. Sections 5, 6, 7, 9, 10, 11, and 12 survive termination.
9. Disclaimers and Limitation of Liability
9.1 Disclaimers
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, COMPLETE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED FIFTY U.S. DOLLARS ($50.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Dispute Resolution
10.1 Informal Resolution
If a dispute arises between you and Company, we encourage you to first contact us at hello@wattowl.com to seek an informal resolution. We agree to make a good faith effort to resolve any dispute informally before initiating arbitration.
10.2 Binding Arbitration
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in the State of Texas. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
10.3 Waiver of Jury Trial
YOU AND COMPANY EACH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. All disputes shall be resolved exclusively by arbitration as set forth above, except that either party may bring individualized claims in small claims court if they qualify.
10.4 Waiver of Class or Collective Relief
ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND COMPANY EACH WAIVE ANY RIGHT TO BRING CLAIMS ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
10.5 Equitable Relief
Notwithstanding the foregoing, either party may seek equitable relief in court for infringement or misuse of intellectual property rights.
11. Indemnification
You agree to indemnify and hold Company and its officers, directors, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third party arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your negligent or wrongful conduct. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.
12. General Provisions
12.1 Changes to Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top of this page and may notify you by email or by posting a notice on the Service. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.
12.2 Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Texas.
12.3 Electronic Communications
You consent to receive communications from us electronically, including emails and notices posted on the Service. You agree that electronic communications satisfy any legal requirement for written communications.
12.4 Entire Agreement
These Terms constitute the entire agreement between you and Company regarding the Service and supersede any prior agreements. Our failure to exercise or enforce any right under these Terms shall not constitute a waiver of such right. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
12.5 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign these Terms.
12.6 No Agency
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or your use of the Service.
13. Texas Broker Disclosure
Watt Owl, Inc. is a registered broker with the Public Utility Commission of Texas (PUCT), #BR260022. A description of the services we provide is outlined in Section 1 of these Terms, and our compensation is described in Section 2.
If you have questions or complaints about the Service, you may contact us at the information below. You may also contact the Public Utility Commission of Texas for an informal complaint at 512-936-7120 or by email at customer@puc.texas.gov.
14. Contact Information
If you have questions about these Terms of Use, please contact us:
Watt Owl, Inc. Email: hello@wattowl.com