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Thola Energy Inc. · Legal

Terms of Use

Effective October 28, 2026

Terms of Use

Thola Energy Inc.
Effective Date: October 28, 2026
Website: https://getthola.com

These Terms of Use (“Terms”) govern access to and use of the website, applications, and energy management services made available by Thola Energy Inc. (“Thola Energy,” “Thola,” “we,” “our,” or “us”). By accessing or using the Services, you agree to these Terms on your own behalf or, if applicable, on behalf of the organization you are authorized to represent. If you do not agree, do not use the Services.

1. Agreement and Order of Precedence

The “Services” include Thola's website, facility and equipment modeling, Load Planner, AREM, Energy Log, contract-related tools, reporting, and optional integrations such as Connect Utility. These Terms are read together with our Privacy Policy and any applicable order form, subscription agreement, pilot agreement, statement of work, or data-processing agreement.

If a separately signed agreement between Thola and your organization expressly conflicts with these Terms, that signed agreement controls for the conflicting subject. These Terms do not automatically amend an existing signed customer agreement.

2. Eligibility and Authority

You must be at least 18 years old and legally able to enter into these Terms. If you use the Services for an organization, you represent that you are authorized to act for it and manage or access the relevant account, facility, or data.

You may not represent yourself as authorized to access a utility account, facility, meter, contract, or equipment record unless you have the necessary rights and permissions.

3. The Thola Energy Platform

Thola provides software to help users understand facility and equipment energy usage, estimated operating costs, schedules, energy contracts, and upgrade decisions. Depending on the subscribed features and availability, the Services may include Load Planner, AREM, Energy Log, facility analytics, contract information, equipment comparisons, and optional microgrid or energy-related analyses.

Some features depend on the accuracy and completeness of information supplied by users, utilities, contractors, and other sources. Not every feature or utility integration is available in every location or plan. We may introduce, modify, suspend, or retire features subject to applicable law and any signed commitments.

Thola is not the customer's utility, electricity supplier, or equipment manufacturer merely by providing the Services.

4. Accounts and Organization Administration

Users must provide reasonably accurate account information, protect credentials, and promptly report suspected unauthorized access. Organization administrators may invite users, assign roles, control authorized access, and manage facilities associated with the organization.

You are responsible for the activity of users to whom you grant access, subject to applicable law and any agreement with Thola. You may not use another account or bypass organization, site, or facility access restrictions.

We may temporarily suspend accounts or access where reasonably necessary to address security risks, misuse, legal obligations, or material breaches of these Terms, with notice when appropriate and feasible.

5. Plans, Fees, and Payments

Certain Services are offered under free, paid, pilot, or enterprise arrangements. The applicable plan, order, checkout page, or signed agreement states the price, billing frequency, usage limits, onboarding fees, and any applicable taxes or additional charges. We may change published prices for future orders and renewals subject to the notice and consent requirements applicable to the transaction.

If you choose a paid plan, you agree to pay the charges presented and accepted for that plan. Recurring charges, renewal dates, cancellation procedures, and any trial or refund terms are governed by the disclosures presented when the plan is purchased or by a signed agreement. Refunds and credits, where applicable, are governed by the relevant order and mandatory law.

Failure to pay an undisputed amount may result in restricted service access after any notice and cure period required by the applicable agreement or law.

6. Customer Data and Ownership

“Customer Data” includes facility and organization information, equipment records, operating history, jobs, schedules, bills, contracts, authorized utility data, messages, and other information provided to or generated through the customer's use of the Services, excluding Thola's underlying technology, software, proprietary models, and independently developed intellectual property.

As between Thola and the customer, the customer retains ownership of its Customer Data. Thola receives a limited, nonexclusive right to host, store, process, transmit, display, and transform Customer Data only to deliver, secure, maintain, and support the Services, comply with applicable law, and perform other purposes expressly authorized under the applicable agreement and Privacy Policy.

This permission does not allow Thola to publish, sell, or disclose a customer's confidential facility information to another customer. You represent that you have the rights required to provide Customer Data and authorize its processing.

7. Facility Isolation and Confidentiality

Facility information is restricted to its authorized facility context. Thola does not provide one facility's confidential equipment, energy, contract, or operating information to users of another facility unless access has been independently and properly authorized for that facility.

AREM uses data from the specific facility selected for the user's request, not data from other facilities. A request relating to one site does not authorize AREM to retrieve another site's records. Thola does not combine unrelated facilities' confidential data in AREM responses or share another customer's facility information with the requesting customer.

Each party will use reasonable care to protect the other party's nonpublic information received in connection with the Services and use it only for permitted purposes. Confidentiality does not prevent limited processing by authorized service providers, disclosures required by law, or information that is lawfully public or independently obtained without a duty of confidentiality. Additional confidentiality terms in a signed agreement may apply.

8. AREM, OpenAI, and Proprietary Deterministic Models

Thola's core energy and equipment models are developed in-house and use deterministic modeling and calculation methods. They support facility energy estimates, operational analysis, scheduling and related functionality based on the information available to Thola.

OpenAI foundation models are used in AREM for reasoning and language assistance only. They are not a substitute for Thola's in-house deterministic energy models and do not independently establish the customer's meter readings, approved tariffs, or verified energy savings.

To answer a question, AREM may send the user's message and limited information relevant to the selected, authorized facility to OpenAI for the requested reasoning function. This is processing by a technology service provider, not permission to disclose another facility's data. Thola does not supply unrelated facilities' data as context for that question or make one customer's facility information available to other customers.

AI-generated responses can be incomplete, inaccurate, or outdated. Customers remain responsible for reviewing outputs and making operational, electrical, contractual, financial, and safety decisions. Thola does not guarantee that an AREM response will identify every risk or produce a particular result.

9. Load Planner, Energy Estimates, and Professional Judgment

Load Planner, Energy Log, and related features may calculate or estimate electricity use, equipment operating costs, energy prices, and recommended schedules. Outputs depend on equipment data, operating patterns, utility tariff details, weather, third-party feeds, and the assumptions or information available at the time.

No particular reduction in utility bills, operating cost, equipment consumption, emissions, demand charges, or other outcome is guaranteed. Modeled estimates may differ from actual meter readings or bills. Utility statements may include demand charges, taxes, adjustments, service charges, or other components that are not included in a given analysis.

The Services provide decision support and are not a substitute for the judgment of a qualified engineer, electrician, operator, energy professional, or legal or financial adviser where one is required. Users must follow equipment specifications, site operating procedures, safety rules, electrical codes, and applicable laws. Users must not rely on Thola to override equipment safety interlocks or emergency protections.

Where available, Connect Utility may let customers authorize Thola to retrieve permitted utility information for a verified account and facility. The customer or authorized representative must complete any required utility consent, provide accurate service-to-facility mapping, and select the scope and duration of access.

Availability of a PG&E registration page or another utility's name in the Services does not mean that a live customer connection is active or approved. A connection may require provider registration, secure credentials, additional testing, and separate activation.

Thola will process connected utility information in accordance with the applicable customer authorization, provider rules, and Privacy Policy. A customer may request revocation through the supported process, recognizing that the utility's own revocation workflow may require additional time. Withdrawal does not automatically erase records previously lawfully processed or required to be retained.

Utility authorization does not authorize changes to a utility contract, electricity tariff, meter, equipment schedule, or supply service. Any capability to take such actions requires its own permissions and applicable safeguards.

11. Acceptable Use

You agree not to:

We may investigate potential violations and take proportionate protective measures consistent with applicable law and signed agreements.

12. Our Intellectual Property

Thola and its licensors retain ownership of the Services, software, interfaces, underlying algorithms, proprietary deterministic energy models, trademarks, documentation, and associated intellectual property. These Terms do not transfer ownership of those materials to customers.

Subject to these Terms and applicable plan limitations, we grant authorized users a limited, nonexclusive, nontransferable right to access and use the Services for their own lawful household or internal business purposes. Commercial use by factories, farms, and other organizations is expressly permitted under the applicable plan or contract.

You may give feedback about the Services. We may use that feedback to improve the product, but doing so does not transfer ownership of confidential Customer Data or give us the right to publish it.

13. Third-Party Services

The Services may rely on third-party utilities, data sources, cloud and authentication infrastructure, communications providers, and OpenAI for AREM reasoning. Those providers may have separate agreements or privacy terms. Thola does not control independently operated utility systems, third-party market data, outages, or external websites.

We may use providers to process information solely in connection with permitted purposes, as described in our Privacy Policy and any applicable customer agreement. A provider's inclusion in a workflow does not mean the provider endorses Thola unless a separate agreement establishes that relationship.

14. Security, Privacy, and Incident Reporting

We maintain security measures intended to restrict access and protect the Services and Customer Data. Customers are responsible for appropriate administrative controls within their organizations, including managing authorized users and protecting credentials.

Our Privacy Policy describes our handling of information. Suspected unauthorized activity or security vulnerabilities should be reported promptly to team@getthola.com, without emailing passwords, private keys, or other secrets.

No online service is entirely free of risk, and no security measure is an absolute guarantee against every incident.

15. Service Availability and Changes

We may carry out maintenance, respond to incidents, update integrations, and make reasonable changes to the Services. Unless a separate signed agreement promises specific availability or support levels, these Terms do not guarantee uninterrupted access or a specific response time.

We will provide notice of material changes where required by law or applicable agreements. If a third-party integration is discontinued or changes its requirements, related Thola features may become limited or unavailable.

16. Suspension, Cancellation, and Data After Termination

You may stop using the Services or request account closure through your organization administrator or team@getthola.com. Paid subscriptions, notice periods, renewal terms, and cancellation effective dates are governed by the applicable plan or order.

We may suspend or terminate access for material violations, unlawful conduct, nonpayment, or credible security threats, subject to applicable notice and cure requirements. When access ends, Customer Data will be handled under the Privacy Policy, any signed data-processing agreement, and applicable legal or retention requirements. Termination does not automatically cause immediate deletion of retained records or backups.

Provisions that by nature should survive termination, such as payment obligations already incurred, intellectual-property rights, confidentiality, dispute resolution, and permitted limits on liability, continue to apply to the extent allowed by law.

17. Disclaimer of Warranties

To the maximum extent permitted by applicable law and except as expressly provided in a signed agreement, the Services and their informational outputs are provided “as is” and “as available.” Thola disclaims warranties not expressly made, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement, to the extent such disclaimers are permitted by law.

We do not warrant that the Services, AI responses, utility integrations, energy models, or price forecasts will always be accurate, uninterrupted, current, or suitable for a particular operational or financial decision. Nothing in these Terms limits rights or warranties that cannot lawfully be excluded.

18. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages arising from the Services, including lost profits, lost opportunities, lost savings, or business interruption, even if advised that such damages were possible, except where exclusion is prohibited by law.

Except for amounts owed under an accepted order, fraud, willful misconduct, and liabilities that cannot legally be limited, Thola's total aggregate liability arising from the Services under these Terms will not exceed the fees paid or payable by the affected customer for the Services during the twelve (12) months immediately preceding the event giving rise to the claim. If the Services were provided without charge during that period, the aggregate cap will be US $100. A signed agreement may establish a different limitation.

These limitations apply to the fullest extent permitted by law and do not restrict remedies that applicable law makes nonwaivable.

19. Indemnification

To the extent permitted by law, you agree to defend and indemnify Thola Energy Inc., its officers, employees, and agents against third-party claims, damages, and reasonable costs resulting from (a) your unlawful or unauthorized use of the Services; (b) Customer Data that you had no right to provide or authorize for processing; or (c) your material violation of these Terms or another person's intellectual-property or privacy rights.

This obligation does not extend to a claim to the extent caused by Thola's own misconduct or violation of applicable law. Thola will give reasonable notice of a covered claim and cooperate in its defense. No settlement may impose an admission, nonmonetary obligation, or liability on an indemnified party without that party's reasonable written consent. Separate signed agreements may provide different indemnity terms.

20. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without giving effect to conflict-of-law rules, except where mandatory law requires otherwise.

Before starting litigation, the parties will make a good-faith effort to resolve a dispute by contacting team@getthola.com and allowing a reasonable opportunity for discussion. Unless a signed agreement provides another dispute procedure or mandatory law applies, disputes arising under these Terms will be brought in the state or federal courts located in Delaware, and the parties consent to their jurisdiction.

Nothing in this section prevents either party from seeking urgent court relief to protect confidential information, intellectual property, or security, or limits any forum or remedy required by applicable consumer law.

21. General Provisions and Changes

We may revise these Terms from time to time. Updated Terms will be posted with a new effective date, and we will provide notice or obtain renewed acceptance when required by law or a signed agreement. An update does not automatically expand a previously granted utility authorization.

If a provision is held unenforceable, the remaining provisions remain effective to the extent legally permitted. Failure to enforce a provision does not waive the right to enforce it later. Neither party is responsible for delays caused by events beyond its reasonable control to the extent permitted by law, although amounts already due remain payable.

These Terms, together with the Privacy Policy and any applicable accepted order or signed agreement, constitute the relevant agreement for use of the Services, subject to the order-of-precedence rule in Section 1. You may not assign your rights under these Terms without our consent except as permitted by law; Thola may assign its rights and obligations in connection with a legitimate business reorganization, merger, or sale, subject to applicable commitments and law.

22. Contact Information

Thola Energy Inc.
444 Somerville Avenue
Somerville, Massachusetts 02143
United States
Email: team@getthola.com
Website: https://getthola.com

For account, privacy, billing, or legal questions, contact us using the email address above. Do not include passwords or private keys in your message.