WattPayoff Terms of Use
These Terms of Use ("Terms") are the agreement between you and Ndili Technologies, Inc. ("Ndili," "we," "us") for the WattPayoff app and the website at wattpayoff.com. Please also read our Privacy Policy, which explains what we do with your information and forms part of these Terms.
The short version
- WattPayoff shows you what your past PG&E electricity use would have cost on each residential rate plan. The figures are estimates, not a quote or a guarantee.
- The app never changes your rate plan. Only you can do that, with PG&E.
- You get your PG&E data to us by authorizing Ndili on PG&E's own Share My Data website. You can withdraw that authorization there at any time.
- PG&E is not involved in this agreement and does not provide, licence, warrant or sponsor WattPayoff.
- WattPayoff is a subscription with a free trial. You cancel it in the App Store or Google Play, not with us.
1. Accepting these Terms
By downloading, opening or using WattPayoff, or by using our website, you agree to these Terms. If you do not agree, do not use the app or the website.
You must be at least 18 years old and be a PG&E residential electric customer, or be acting with the permission of the person whose PG&E account is used, to make full use of the app.
2. What WattPayoff does
WattPayoff reads your own PG&E electric meter and billing data, with your authorization, and prices that usage against PG&E's published residential rate schedules. It shows you charts, cost comparisons between plans, and a periodic check of whether a different plan would have cost you less.
You can also explore a demo account that runs on a real PG&E meter, without connecting your own.
3. No account, no password
WattPayoff does not use a username, email address or password. The app identifies your device to our servers so your data can be returned to you. Access to your PG&E data is granted by you on PG&E's own website, and your PG&E sign-in details are never entered into, seen by, or stored by this app.
4. Your PG&E data and your authorization
Ndili Technologies, Inc. has successfully completed all requirements for use of the PG&E Share My Data Platform and access to PG&E systems. When you choose to connect your meter, PG&E asks you to authorize Ndili through that program. Once you do, PG&E sends us the data described in our Privacy Policy.
You may withdraw that authorization at any time through PG&E's Share My Data portal. When you do, we stop receiving new data. Withdrawing at PG&E does not by itself delete the data we already hold — to have that deleted, ask us at support@ndilitechnologies.com.
The data comes from PG&E. We present it as PG&E supplies it, and we do not control its accuracy, completeness or timeliness. PG&E data typically arrives one to two days behind the current date, and it can be delayed or interrupted for reasons outside our control.
5. PG&E is not a party to this agreement
Ndili is an independent company. We are not affiliated with, employed by, sponsored by, endorsed by, or acting as an agent of Pacific Gas and Electric Company ("PG&E"). Nothing in the app or on our website should be read as a statement made by PG&E or on PG&E's behalf.
The following statement is included as required by the PG&E Share My Data Platform Terms and Conditions. In it, "I" means Ndili Technologies, Inc.:
"PG&E is not a party to this Agreement, and shall have no liability whatsoever with respect to any of the Services that are the subject of this contract. The Service I provide under this contract are not provided, licensed, warrantied or sponsored by PG&E."
"PG&E" and "Pacific Gas and Electric Company" are trademarks of their owner. We use them only to describe whose electricity service and published rates the app works with.
6. Estimates, not advice
Rate comparisons in WattPayoff are estimates. They are produced by applying PG&E's published rate schedules to your historical usage. They are not a quote, a bill, a prediction of future cost, or financial advice.
Your actual bill will differ. Among other reasons: your future usage will not match your past usage; PG&E changes its rates and its baseline quantities; some charges, credits, taxes and local surcharges are not modelled; eligibility rules for a plan or a discount program may apply to you differently; and the settings you enter in the app (such as baseline territory, heat source, or whether you are on CARE, FERA or Medical Baseline) affect the result and are yours to keep accurate.
WattPayoff does not change your rate plan. Changing plan is something only you can do, with PG&E, and plan changes may carry their own PG&E conditions such as how long you must stay on a plan. Decisions you make from the app's figures are your own.
7. Subscription, free trial and cancellation
Full use of WattPayoff requires a paid subscription, which begins with a free trial. The current price, trial length and subscription period are shown in the app and on the App Store or Google Play listing before you confirm.
- Your subscription renews automatically at the end of each period unless you cancel it at least 24 hours before that period ends.
- Payment is taken by Apple or Google, not by us. We never see your card details.
- Cancel in the App Store or Google Play, through your own account settings on that platform. Deleting the app does not cancel a subscription, and we cannot cancel it for you.
- If you cancel during the free trial, you are not charged for the first period. If you cancel later, your subscription runs to the end of the period you have paid for.
- Refunds are handled by Apple or Google under their policies.
If we change the price, we will tell you before the change takes effect and you will be able to cancel.
8. Acceptable use
You agree not to use WattPayoff for anything unlawful, and not to: connect a PG&E account you have no right to; try to gain access to data that is not yours; interfere with, overload or probe our servers; reverse-engineer the app except as the law allows; scrape, resell or redistribute the app's data or output as a service to others; or remove or obscure any notice in the app.
9. Our content
The app, the website, and their design, text, graphics and software are owned by Ndili or our licensors and are protected by copyright and other laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use WattPayoff for your own household's electricity, on devices you own or control, for as long as these Terms are in force. We keep all rights we do not expressly grant.
The data about your own electricity use remains yours.
10. Privacy
Our Privacy Policy explains what we collect, why, who else sees it, how long we keep it, how to have it deleted, and your California privacy rights. It is incorporated into these Terms by this reference.
11. Changes to the app and to these Terms
We may change, suspend or discontinue features of WattPayoff. We may also update these Terms. When a change matters, we will post the new version at this address, change the "last updated" date, and tell you in the app or by email. Continuing to use WattPayoff after a change means you accept the updated Terms. If you do not accept them, stop using the app and cancel your subscription.
12. Ending this agreement
You may stop using WattPayoff at any time, cancel your subscription through the App Store or Google Play, and withdraw your PG&E authorization at PG&E's Share My Data portal. You can ask us to delete your data at any time.
We may suspend or end your access if you breach these Terms, if we are required to, or if we discontinue the service. If we discontinue the service while you are paying for it, you may be entitled to a refund of the unused part through Apple or Google.
Sections that by their nature should survive — including sections 5, 6, 9, 13, 14, 15 and 17 — survive the end of this agreement.
13. Disclaimers
WattPayoff and the website are provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the app will be uninterrupted or error-free, that PG&E data will arrive on time or at all, or that any comparison will match your actual bill.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. Nothing in these Terms limits any right you have under California consumer protection law that cannot be waived.
14. Limitation of liability
To the fullest extent permitted by law, Ndili and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost savings, or higher electricity costs, arising out of or relating to WattPayoff, however caused and on any theory of liability.
To the fullest extent permitted by law, our total liability for all claims relating to WattPayoff is limited to the greater of the amount you paid us for the subscription in the twelve months before the claim, or twenty five US dollars.
15. Indemnity
You agree to indemnify and hold harmless Ndili, its officers, employees and suppliers from any claim, loss or cost (including reasonable legal fees) arising from your use of WattPayoff in breach of these Terms or in breach of the law, or from your connecting a PG&E account you had no right to connect.
16. If you installed from the Apple App Store
These terms apply in addition to the rest of this agreement, and Apple requires them:
- This agreement is between you and Ndili only, not with Apple. Ndili, not Apple, is responsible for WattPayoff and its content.
- Apple has no obligation to provide any maintenance or support for WattPayoff.
- If WattPayoff fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to WattPayoff.
- Ndili, not Apple, is responsible for addressing any claim by you or a third party relating to WattPayoff, including product liability claims, any claim that it fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar law.
- Ndili, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that WattPayoff infringes that party's intellectual property rights.
- You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms when using WattPayoff.
- Apple and its subsidiaries are third-party beneficiaries of this agreement and, upon your acceptance of it, have the right to enforce it against you.
Ndili Technologies, Inc., 333 Hegenberger Rd, Suite 503, Oakland, CA 94621. support@ndilitechnologies.com
17. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict of law rules. You and Ndili agree to the exclusive jurisdiction of the state and federal courts located in California, except that either of us may bring a claim in small claims court. If you are a consumer, this does not deprive you of the protection of any mandatory law of the place where you live.
18. General
These Terms, together with the Privacy Policy, are the entire agreement between you and Ndili about WattPayoff, and replace any earlier terms. If a provision is found unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force. Our not enforcing a provision is not a waiver of it. You may not assign these Terms; we may assign them to a successor in connection with a merger, acquisition or sale of assets. Nothing here creates a partnership, joint venture, employment or agency relationship between you and Ndili, or between you and PG&E.
19. Contact
Ndili Technologies, Inc., Silicon Valley, California. Mailing address: 333 Hegenberger Rd, Suite 503, Oakland, CA 94621. Questions about these Terms: support@ndilitechnologies.com
