Terms of Service

1. Agreement

Welcome to Power Wizard LLC DBA Best Electric Rates (the “Company”) website. These Terms of Service (“Terms” or “TOS”) govern your access to and use of the Company’s website, shopping tools, mobile applications, and any other software, services, or products provided by the Company (collectively, the “Services”).

The Services are provided for your personal, non‑commercial use only. By accessing or using the Services, or by clicking a button or checking a box marked “I Agree” or similar language, you acknowledge that you have read, understood, and agree to be bound by these Terms, and to the collection and use of your information as described in the Company’s Privacy Policy, which is incorporated herein by reference.

The Company reserves the right to modify these Terms as described below. These Terms apply to all visitors, users, members, and others who access or use the Services (“Users”). You must be at least 18 years old to use the Services. If you do not agree to these Terms, you must discontinue use of the Services immediately.

Subject to your compliance with these Terms, the Company grants you a limited, non‑exclusive, non‑transferable, non‑commercial license to access and use the Services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER.

2. Our Services

The Company provides an energy‑shopping brokerage platform that enables users to shop for, learn about, compare, and enroll in retail energy plans offered by third‑party energy providers. There is no fee charged to users for using the Services.

Participating energy providers may enter into agreements with the Company to be listed on the Company’s platform, and the Company may receive compensation from providers with whom you enroll. The Services may not display every available product or service. All information is provided without warranty and is subject to the applicable energy provider’s terms and conditions.

3. Energy Providers and Third Parties

To shop for and enroll in an energy plan, the Company may request information including your energy usage, billing information, service address, and current provider account details. Enrollment may occur through the Company’s website, by phone, or by redirecting you to an energy provider’s website.

All contracts with energy providers or other third parties are solely between you and the energy provider or third party. The Company is not a party to those contracts and has no responsibility or liability for disputes arising from them. The Company is not responsible for your experience on third‑party websites accessed through links on the Services.

4. Permission to Access Retail Energy Provider and Utility Information

You may authorize the Company to access energy usage and account data from your utility, transmission and distribution utility (“TDU”), or retail electric provider for the purpose of providing the Services. Upon request, the Company will share with you any login credentials created on your behalf.

By using the Services, you authorize the Company to perform activities reasonably necessary to provide the Services and related offerings.

5. Contracts with Service Providers

Users agree to comply with all agreements, rules, and payment obligations imposed by energy providers, utilities, TDUs, and other third‑party service providers.

6. How the Company Is Compensated

There is no fee to users for the Services. The Company may receive compensation from energy providers when users enroll through the Services. Compensation arrangements and other factors—such as location, pricing, plan features, provider reviews, credit policies, and fees—may affect how offers, advertisements, and listings appear and are ordered on the Services.

The Company reserves the right, to the fullest extent permitted by law, to limit or discontinue the Services, refuse transactions, impose conditions on promotions, or deny service to any user. Users are responsible for all charges incurred using their financial information, including applicable taxes. The Company is not responsible for data breaches affecting third‑party payment processors.

7. Your Provision of Personal Information

When providing information to the Company, you agree to provide accurate, current, and complete information. If the Company reasonably believes your information is inaccurate or incomplete, it may suspend or terminate your access to the Services. Personal information is handled in accordance with the Company’s Privacy Policy.

8. Termination

The Company may, in its sole discretion and to the maximum extent permitted by law, suspend or terminate your access to the Services at any time, with or without cause.

9. Licenses and Certification

The Company is licensed or certified to provide energy brokerage and advisory services in jurisdictions where required, including Texas.

10. Modification of Terms

The Company may modify these Terms at any time by posting updated Terms on the Services. Continued use of the Services after such posting constitutes acceptance of the revised Terms.

11. Indemnity

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and contractors from all claims, damages, liabilities, and expenses arising from your use of the Services or violation of these Terms.

12. Governing Law

These Terms are governed by the laws of the State of Texas. Any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration, with venue in Harris County, Texas where applicable.

13. Disclaimer of Warranties; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DAMAGES EXCEEDING $50.

14. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.

15. Dispute Resolution — Arbitration; Class Action Waiver

All disputes shall be resolved exclusively through binding arbitration administered by the American Arbitration Association. Claims may be brought only on an individual basis.

16. General Terms

These Terms constitute the entire agreement between you and the Company. You may not assign these Terms without the Company’s consent. The Company may assign these Terms without restriction.

17. Notices

The Company may provide notices electronically or by email using the contact information you provide. You are responsible for keeping your information current.

18. Communications

By providing your phone number or email address, you consent to receive non‑marketing communications related to your account or the Services. You may opt out of marketing emails at any time.

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