These Website Terms of Use (these “Terms”) govern your access to and use of the website at utiliflex.com and its subdomains (the “Website”), operated by Utiliflex, LLC (“Utiliflex,” “we” or “us”). These Terms apply to the Website only. Use of the Juice software platform and related Utiliflex software is governed separately by the End-User License Agreement and the applicable Statement of Work, not by these Terms.
1. Acceptance
By accessing or using the Website you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Website. If you use the Website on behalf of a utility, company or other organization, you represent that you are authorized to accept these Terms for it, and “you” includes that organization.
2. The Website
The Website is an informational site describing Utiliflex and its products and services for electric utilities. Nothing on the Website is an offer, quotation or commitment to supply software or services. Product capabilities, outcomes and figures shown on the Website are illustrative summaries; the terms on which we supply anything are set out only in a signed Statement of Work and the EULA.
Case studies, outcomes and statistics on the Website describe results reported in specific deployments and are presented in anonymized form. Results depend on each utility’s own circumstances and are not a promise of comparable results.
3. Permitted Use
You may view the Website and print or download pages for your own internal, non-commercial evaluation of Utiliflex. You may not: (a) copy, republish or redistribute Website content except as permitted above; (b) use automated means to scrape, harvest or extract data from the Website beyond ordinary search-engine indexing; (c) attempt to probe, interfere with or gain unauthorized access to the Website, its hosting, or the contact form; (d) submit false, misleading, unlawful or infringing material through the contact form; or (e) use the Website in any way that violates applicable law.
4. Intellectual Property
The Website and its content — including text, graphics, photographs, page design, and the Utiliflex and Juice names, logos and marks — are owned by Utiliflex or its licensors and are protected by copyright, trademark and other laws. Except for the limited permission in Section 3, no license or right in any content or mark is granted to you. Third-party names and marks referenced on the Website belong to their respective owners.
5. Contact Form and Enquiries
The Website provides a contact form so that you can ask about our products and services. Submitting the form does not create a contract, engagement or obligation on either party. Information you submit is handled as described in our Privacy Policy. The contact form does not enroll you in SMS messaging; SMS consent is collected separately as described in Section 6. You agree that any information you submit is accurate and that you have the right to provide it. Do not submit confidential information of your organization or of third parties through the form; confidentiality obligations arise only under a signed non-disclosure agreement or Statement of Work.
6. SMS Notifications Program
Program. Utiliflex operates an SMS program named “Utiliflex Juice Notifications” for demonstration and testing of the Juice platform. Messages are transactional account notifications of the kind a utility would send its customers — top-up receipts, low-balance alerts, disconnection alerts, reconnection alerts, replies to account-service requests you send by text (such as a balance request or an update to your contact details), account invitations when you enroll in a prepay service, password-reset and verification codes you request, and test messages — sent to people who have asked to receive them as part of a product demonstration, evaluation, or integration test. We do not send marketing or promotional SMS. Where enabled, the same notifications and account-service requests may be offered over WhatsApp; WhatsApp messaging is governed by WhatsApp’s terms in addition to this section. Production customer notifications for a utility are sent by that utility through its own messaging gateway under its own terms, not by Utiliflex.
Consent. You will receive messages only after you opt in by providing your mobile number and agreeing to receive demonstration messages from Utiliflex — on our opt-in form, in writing, verbally during a scheduled demonstration, or by giving your mobile number to a participating utility when enrolling in a prepay service that uses the Juice platform, in which case the utility collects your consent and we send the enrollment invitation on its behalf. Consent to receive SMS is not a condition of purchasing any Utiliflex product or service. Consent to SMS is separate from, and does not imply consent to, email or voice contact.
Frequency and cost. Message frequency varies with the demonstration or test being run and is typically a handful of messages per session; up to 10 messages per day may be sent during an active test. Message and data rates may apply according to your mobile carrier plan.
Opt out. Reply STOP to any message to stop receiving messages. You will receive one final confirmation message. You may also opt out by emailing [email protected].
Help. Reply HELP to any message for assistance, or contact Utiliflex at [email protected] or +1 423 933 3900.
Carriers. Mobile carriers are not liable for delayed or undelivered messages. Delivery is subject to carrier network availability.
Privacy. Mobile numbers and SMS opt-in data are handled as described in our Privacy Policy, and are not shared with third parties or affiliates for marketing or any purpose unrelated to this program.
7. Third-Party Services and Links
The Website is hosted and protected by third-party infrastructure providers, and may contain links to third-party websites. We do not control third-party sites or services and are not responsible for their content, availability or practices. A link does not imply endorsement.
8. No Warranty
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR UNINTERRUPTED AVAILABILITY. We may change, suspend or discontinue any part of the Website at any time without notice.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UTILIFLEX AND ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the fullest extent permitted by law.
10. Governing Law
These Terms are governed by the laws of the State of Tennessee, United States of America, without regard to conflict-of-law rules. Any dispute arising out of or relating to the Website or these Terms shall be brought exclusively in the state or federal courts located in Hamilton County, Tennessee, and you consent to the personal jurisdiction of those courts.
11. Changes and Contact
We may revise these Terms from time to time. The version date at the top of this page identifies the current version; continued use of the Website after a revision is posted constitutes acceptance of the revised Terms. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Website.
Questions about these Terms: Utiliflex, LLC, 1100 Market Street, Suite 907, Chattanooga, TN 37402, USA · [email protected].