1. Introduction
These Terms of Service ("Terms") govern your access to and use of Clearknowledgebase's website, software, and professional services (collectively "Services"). Clearknowledgebase LLC ("we," "us," or "Company") provides energy cost management advisory and technology. By accessing or using our Services, or by entering into a separate written agreement that references these Terms, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization. Use of certain Services may require a separate statement of work, service order, or subscription agreement that will supplement these Terms and control in the event of any inconsistency. We recommend reviewing the terms carefully, including sections on data handling and liability. These Terms do not alter any existing contracts that may contain different terms for specific service engagements. If you do not agree with these Terms, do not use the Services and contact [email protected] for assistance or questions.
2. Use of Services
Subject to your compliance with these Terms and any applicable agreement, we grant you a limited, non-exclusive, non-transferable right to access and use the Services. Your access credentials and accounts must be kept secure; you are responsible for all activity conducted through your accounts. You agree to use the Services in compliance with applicable laws and not to engage in activities that interfere with the Services, compromise platform security, or attempt to gain unauthorized access to other accounts or systems. For professional services, our scope of work will define deliverables, timelines, and acceptance criteria. Projects requiring integration with third-party meters, building management systems, or cloud providers require your cooperation to provide access, credentials, and approvals. We may suspend access if we reasonably suspect a violation of these Terms, abuse, or a security incident, and will provide notice where feasible. Termination or suspension will not relieve you of accrued payment obligations or our rights with respect to data retention and transition as specified in client agreements.
3. Client Data and Platform Use
During the provision of Services we will collect, process, and store Client Data as necessary to perform analytics, controls, and reporting. "Client Data" means meter readings, device telemetry, site metadata, and any other data you provide or authorize for processing. We process Client Data on your behalf and in accordance with applicable agreements and our Privacy Policy at /privacy/. You retain ownership of Client Data; we will use it only to provide agreed Services and to improve platform functionality in aggregated, anonymized form unless you opt out or contractually restrict such use. For contracted services we will implement reasonable technical and organizational measures to protect Client Data, including encryption in transit and at rest, role-based access, and logging. If you request deletion of Client Data we will comply consistent with contractual retention requirements and legal obligations. Integrations with third-party vendors or utility programs may require sharing limited Client Data; such disclosures are governed by engagement contracts and vendor agreements. You are responsible for ensuring you have the legal right to provide Client Data for processing and that your use of the Services complies with applicable law and third-party requirements.
4. Fees, Billing & Cancellations
Fees for Services are set forth in applicable statements of work, subscription orders, or invoices. Unless otherwise stated in a written agreement, all fees are payable in U.S. Dollars and are non-refundable except as expressly provided. We will invoice recurring subscription charges in advance and professional services per the schedule agreed in the statement of work. Late payments may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend Services for overdue accounts with prior notice. Cancellations of subscriptions or services are subject to the terms in the controlling agreement; for time-and-materials engagements you are responsible for work performed through the cancellation date. Where pilot or performance-based engagements include shared savings or incentive structures, specific measurement and verification methodologies will be documented in the engagement agreement to determine fee calculations. Any disputes regarding fees must be raised promptly in writing; disputing a charge does not relieve you of your obligation to pay undisputed amounts. We reserve the right to modify fees for future billing periods with notice as required by the governing agreement.
5. Warranties, Disclaimers & Limitation of Liability
We warrant that we will perform Services with reasonable care and skill and in accordance with industry practices. Except for this express warranty and other warranties set forth in a written agreement, the Services and all deliverables are provided "as is" and we disclaim all other warranties, whether express, implied, statutory, or arising from course of dealing, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Clearknowledgebase does not guarantee specific cost savings or business outcomes unless an explicit performance guarantee is included in a signed agreement. To the fullest extent permitted by law, our aggregate liability for claims arising out of or related to these Terms or Services is limited to the total fees paid by you to us under the controlling agreement during the twelve months preceding the claim. Neither party will be liable for consequential, incidental, indirect, punitive or special damages, loss of profits, loss of data, or loss of business opportunity. This limitation will not apply to liability arising from gross negligence, willful misconduct, or where exclusion is prohibited by applicable law. You agree to maintain appropriate insurance to cover your liabilities and losses that may arise in connection with use of the Services.
6. Governing Law, Dispute Resolution & Changes
These Terms and any disputes arising from them are governed by the laws of the District of Columbia, United States, except where another governing law is specified in a signed agreement between the parties. Parties agree to first attempt to resolve disputes through good faith negotiations. If negotiation fails, disputes will be resolved by binding arbitration in Washington, DC, before a single arbitrator under the rules of the American Arbitration Association, unless the parties agree otherwise in writing. Each party will bear its own costs, and the arbitrator may award reasonable fees to the prevailing party as permitted by applicable law or contract. We may update these Terms occasionally to reflect changes in our Services, legal requirements, or business practices. Material changes will be posted on this page with an updated effective date and, where required by law or contract, notified to clients. Continued use of the Services after changes constitutes acceptance of the revised Terms. For questions or notice regarding these Terms contact: Clearknowledgebase LLC, 1250 Connecticut Ave NW, Suite 700, Washington, DC 20036, USA; email [email protected]; phone +1 (202) 555-0114.