Terms of Service

1. Agreement to Terms

By accessing or using the GetCostWise website and its services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

Eligibility: You must be at least 18 years of age to use this Service or purchase Analysis Credits. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

2. Description of Service & Scope

GetCostWise provides a software-as-a-service (SaaS) platform that analyzes available electricity plans and provides educational tools for Texas residents.

• Free Calculators & Educational Tools: Tools such as the "Bill Savings Calculator" provide hypothetical estimates based on user-provided inputs and general market data. These tools do not access your actual utility account, verify your current contract terms, or account for specific taxes/fees unique to your municipality. Results from these tools are not guarantees of savings.
• Automated Nature of Paid Service: You acknowledge that the Paid Analysis Report is an automated data processing tool. It is not a professional consulting service. We do not review your specific past bills for errors, negotiate with providers on your behalf, or provide personalized financial advice beyond the algorithmic recommendations contained in the Report.
• Ranking Methodology: Unlike standard comparison sites, GetCostWise ranks plans based on a proprietary "Total Exposure" score. This score combines estimated annual energy costs with potential contract liabilities (e.g., Cancellation Fees). You acknowledge that our "Top Recommendation" may not always be the plan with the absolute lowest kilowatt-hour rate, but rather the plan we calculate to have the lowest overall financial risk.
• Provider Quality Filtering: By default, the Service excludes plans from providers with a customer rating below 3 stars. We implement this filter to prioritize service reliability over raw cost. You acknowledge that if you wish to view these lower-rated plans (which may be cheaper but carry higher risks of poor customer service), you must explicitly select the "Include 1-2 Star Providers" option during your search.
• Data Source: Plan pricing and details are primarily sourced from the Public Utility Commission of Texas (PUCT). GetCostWise is a private analysis service and is not affiliated with, endorsed by, or sponsored by the Public Utility Commission of Texas or any energy provider.

3. User Responsibilities & Eligibility

You acknowledge and agree that you are solely responsible for the following:

• Calculator Inputs: When using our free tools, you are responsible for entering accurate data regarding your current bill. If you are on an "Average Billing" or "Budget Billing" plan, you acknowledge that entering your "Amount Due" instead of your "Current Cycle Charges" will result in inaccurate calculations. GetCostWise is not responsible for decisions made based on incorrect user inputs.
• Solar Panel Confirmation: Before purchasing a report, you must confirm that your home does not have solar panels. Our algorithms do not analyze solar buyback plans. If you purchase a report for a solar-equipped home despite this confirmation, the results will be inaccurate and no refund will be issued.
• Service Area Verification: GetCostWise operates strictly in deregulated service areas. We are not responsible if you purchase a report for an address located in a regulated zone (e.g., Garland Power & Light, Austin Energy, CPS Energy) or a zip code not yet supported by our system.
• Input Accuracy (Paid Reports): You are solely responsible for the accuracy of your Email Address and Usage Inputs. Because the Service delivers your report digitally, a typographical error in your email address will result in non-delivery.
• Average Billing / True-Up Liability: If you are currently enrolled in an "Average Billing" or "Budget Billing" program, switching providers may trigger an immediate "True-Up" charge for any deferred balance. GetCostWise is not responsible for final balances or early termination fees imposed by your previous provider.
• Verification Requirement: You agree to independently verify all rates and Electricity Facts Labels (EFLs) directly with the provider before signing a contract.

4. Payments, Credits, and Refund Policy

• Service Credits: The Paid Service is purchased in the form of "Analysis Credits" (where 1 Credit = 1 Report). Credits may be purchased individually or in bundles.
• One-Time Transaction: All purchases are billed as a one-time transaction. You authorize our third-party processor (Stripe) to charge the specified amount. This is not a recurring subscription.
• Credit Consumption & Timing: A credit is deducted the moment you initiate a report. Because Texas electricity rates change in near real-time, every report generation is a new, separate transaction. If you choose to run a second report immediately after the first (e.g., 5 minutes later) to test different filters, a second credit will be deducted.
• No Refunds: Due to the nature of digital goods, all sales are final. Unused credits in a bundle are non-refundable and cannot be exchanged for cash. We do not offer refunds for buyer's remorse, incorrect data entry, or changes in market rates.

5. Intellectual Property

The Service, including its analysis logic, "Total Exposure" algorithms, report layout, and branding, is the exclusive property of Stewart Datawright Labs, LLC. You are granted a limited license to use your generated report for personal, non-commercial purposes.

6. Disclaimer of Warranties

THE SERVICE (INCLUDING ALL FREE CALCULATORS AND PAID REPORTS) IS PROVIDED ON AN "AS IS" BASIS. STEWART DATAWRIGHT LABS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT ELECTRICITY PLANS RECOMMENDED WILL REMAIN AVAILABLE OR THAT YOU WILL ACHIEVE SPECIFIC FINANCIAL SAVINGS. OUR "RISK SCORES" AND "SAVINGS ESTIMATES" ARE OPINIONS BASED ON MATHEMATICAL MODELS, NOT GUARANTEES OF FUTURE OUTCOMES.

7. Limitation of Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US (E.G., THE COST OF YOUR SELECTED PACKAGE). IF YOU USED A FREE TOOL, OUR LIABILITY IS LIMITED TO $0.

8. Dispute Resolution (Arbitration & Class Action Waiver)

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.
• Binding Arbitration: Any dispute arising from these Terms shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Dallas County, Texas.
• Small Claims Exception: Either party may bring an individual action in small claims court in Dallas County, Texas, if the claim qualifies.
• Class Action Waiver: YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST GETCOSTWISE ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING.

9. Indemnification

You agree to indemnify, defend, and hold harmless Stewart Datawright Labs, LLC, its officers, members, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your reliance on any report or estimate generated by the Service; or (d) any dispute between you and a third party (including any electricity provider) that relates to information obtained through the Service.

10. Service Availability & Force Majeure

We strive to maintain continuous availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, system updates, or causes beyond our reasonable control, including but not limited to: internet outages, third-party API failures (including the PowerToChoose.org data feed), hosting provider incidents, natural disasters, government actions, or cyberattacks. We are not liable for any loss or inconvenience caused by such interruptions.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Service after any modification constitutes acceptance of the revised Terms. For material changes that affect your rights, we will make reasonable efforts to provide notice (such as a banner on the site or an email to active account holders).

12. Credit Expiration

Analysis Credits do not expire. Once purchased, your credits remain available for use indefinitely unless you request account deletion, in which case all associated data (including credit balance) will be permanently erased per our Privacy Policy.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Stewart Datawright Labs, LLC regarding your use of the Service. They supersede any prior agreements or communications.