EnergySage Messaging Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY. THESE MESSAGING TERMS CONTAIN PROVISIONS REGARDING A CLASS ACTION WAIVER AND THE WAIVER OF YOUR RIGHT TO A JURY TRIAL. REFER TO THE “WAIVER OF CLASS ACTION AND JURY TRIAL RIGHTS.” SECTION BELOW FOR FURTHER DETAILS. 

By enrolling in, signing up for, or otherwise participating in the EnergySage, Inc. (“EnergySage’) text messaging program (“Program”), you acknowledge that you have read, understood, and agree to be bound by these Messaging Terms & Conditions (“Messaging Terms”). If you do not agree to these Messaging Terms, including any provision for class action and jury trial waivers, you may not participate (and must discontinue participation in) EnergySage’s Program by following the opt-out procedures provided below. 

These Messaging Terms also incorporate, and should be read together with, EnergySage’s Terms of Use and any other rules or agreements governing your use of EnergySage’s products or services.

EnergySage’s Program allows subscribers to receive SMS (Short Message Service) or MMS (Multimedia Message Service) messages (“Text Messages”) from EnergySage regarding, for example, promotional offers, alerts or updates, reminders, event information, account notification, or other relevant information as determined by EnergySage. EnergySage may offer one or more messaging campaigns as part of the Program.

The Program is intended for individuals residing in the United States. You must be at least 13 years old to participate. If you are under 18 or under the age of majority in your jurisdiction, you must obtain consent from your parent or legal guardian. You must have a compatible mobile device with a participating telecommunications carrier to receive Text Messages. Not all carriers may participate.

By opting in to the EnergySage text messaging Program, you explicitly agree to receive recurring and/or one-time marketing and non-marketing Text Messages at the phone number you provide. Such Text Messages may be sent through automated or other means, including automatic telephone dialing systems (ATDS). Your consent to receive marketing Text Messages is not a condition of purchasing goods or services from EnergySage. You can withdraw your consent at any time by following the instructions listed in the “How to Opt Out” section below. In the event your mobile device is unable to receive MMS Text Messages, Text Messages may be delivered instead via SMS.

To begin receiving Text Messages from EnergySage, follow the enrollment instructions provided within the specific campaign you are interested in, such as submitting your phone number through a EnergySage website, mobile app, or sign-up form, or texting a designated keyword to a specified short code (“Short Code”) and then completing any subsequent prompts. Where applicable, you may receive a confirmation request and must reply “Y” or a similar confirmation to finalize your enrollment.

Should you wish to stop receiving EnergySage Text Messages: Text STOP in reply to any EnergySage text message or directly to the Short Code associated with the Program. You may receive a follow-up text message confirming your opt-out request. If you are subscribed to multiple campaigns from EnergySage under different Short Codes, you will need to opt out of each campaign separately. Please note that EnergySage and its service providers may not recognize any opt-out request that differs from the specific commands listed above.

If you need assistance or experience any issues with a text messaging program, you can reply “HELP” or contact us at hello@energysage.com.

The frequency of Text Messages you receive will depend on the specific campaigns to which you have subscribed. Depending on the campaign, you may receive Text Messages when: (a) you first enroll in a campaign; (b) you place an order or schedule a service; (c) your service is scheduled, postponed, or cancelled; (d) there are general marketing, promotional, or loyalty updates; or (e) you receive reminders for an abandoned project. EnergySage reserves the right to modify the frequency of Text Messages or the Short Code/phone number used to send Text Messages at any time, with or without prior notice.

You agree to provide a valid mobile phone number for the Program. You further agree to indemnify, defend, and hold EnergySage harmless from any claims arising from your provision of a mobile phone number that is not your own. If you plan to change or relinquish the mobile phone number you provided to EnergySage (e.g., by transferring or canceling your mobile service), you agree to text STOP to the applicable Short Code before discontinuing use of that number. Your agreement to do so is a material part of these Messaging Terms.  You agree to indemnify, defend, and hold EnergySage harmless from any claims arising from your failure to notify EnergySage of a change in your mobile phone number, including liability under the Telephone Consumer Protection Act (TCPA) or similar legislation. Your obligations under this paragraph shall survive termination of the these Messaging Terms.

Your service provider’s message and data rates may apply to all Text Messages sent to or from EnergySage. Please contact your wireless carrier if you have questions about your specific text messaging plan. You are solely responsible for any costs related to your participation in the text messaging Program.

Not all phone carriers or devices may support Text Messages from EnergySage. Delivery is subject to effective transmission by your carrier and may be limited by carrier coverage or other factors outside EnergySage’s control. EnergySage and its service providers are not liable for delayed or undelivered Text Messages. Supported carriers may include (but are not limited to) major U.S. and Canadian providers (e.g., AT&T, Verizon, T-Mobile, Rogers, Bell, Telus, etc.) and certain regional operators.

For help or additional information about a particular campaign or the Program: (a) Text HELP to the applicable Short Code; or (b) Visit EnergySage’s support page or contact EnergySage’s customer service at hello@energysage.com. Requesting “HELP” or calling the number above will not unsubscribe you from any text message campaign or the Program. To opt out, follow the instructions in the “How to Opt Out” section of these Messaging Terms.

To receive and send Text Messages through EnergySage’s Programs, you must: (a) have a wireless device capable of sending and receiving Text Messages, (b) use a participating mobile network operator, and (c) have a valid text messaging subscription with your wireless carrier. Some carriers or devices may not support all of the features related to EnergySage’s Program.

EnergySage offers text messaging Programs on an “as-available” basis. Delivery may depend on third-party networks and systems. Delays or failures to receive Text Messages are not the responsibility of EnergySage.

Any personal information collected through your participation in the Program is treated in accordance with EnergySage’s Privacy Policy. Please review the Privacy Policy for more details.

These Messaging Terms are governed by the laws of the State of California, without regard to conflict of laws principles. If any dispute arising under these Messaging Terms is not subject to binding arbitration (as explained below), it must be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts. By participating in a EnergySage text messaging Program, you consent to the personal jurisdiction of such courts and waive any objection to venue therein.

You represent and warrant that you have the authority to accept these Messaging Terms and that doing so does not breach any other legal obligations you may have. Failure by either party to enforce any provision of these Messaging Terms will not be considered a waiver of future enforcement of that or any other provision. Should any part of these Messaging Terms be deemed invalid, that portion will be construed to reflect the parties’ original intent, and the remaining provisions will remain in full force.

EnergySage may change, modify, or update these Messaging Terms at any time. Any revisions will become effective immediately upon posting. Continued participation in the Program after changes are posted means you accept the revised Messaging Terms.

For any questions or concerns:

EnergySage, Inc.

201 Washington St., Suite 2700

Boston, MA 02108

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO INITIATE A LAWSUIT IN COURT AND HAVE A JURY TRIAL.

NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).