Terms Of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ThinkBigEnergy ("Company," "we," "our," or "us") governing your use of our website, energy services, advisor programs, and related services.

By accessing our website, enrolling in our energy services, participating in our advisor program, or using any of our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

These Terms apply to all users, including customers, advisors, website visitors, and any other persons who access or use our services.

2. Description of Services

2.1 Energy Services

ThinkBigEnergy provides retail electric and natural gas services in deregulated markets, including:

  • AutoSave Technology: Automated energy rate optimization with savings guarantee

  • Community Solar Programs: Access to solar energy without rooftop installation

  • ThinkSmart: Smart thermostat integration for additional savings

  • Traditional Energy Plans: Fixed and variable rate electricity and gas plans

2.2 Advisor Program

Our advisor program allows qualified individuals to earn income by referring customers to our energy services. The program includes:

  • Customer referral commissions

  • Team building and override opportunities

  • Training and support materials

  • Marketing tools and resources

2.3 Website and Digital Services

Our website and digital platforms provide information, account management, enrollment tools, and advisor resources.

3. Eligibility and Account Registration

3.1 General Eligibility

To use our services, you must:

  • Be at least 18 years of age

  • Have legal capacity to enter into binding contracts

  • Reside in a service territory where we are licensed to operate

  • Provide accurate and complete information during registration

3.2 Energy Service Eligibility

Energy service eligibility is subject to:

  • Credit approval and deposit requirements

  • Utility company approval for account transfer

  • Compliance with state and local regulations

  • Property ownership or authorized tenant status

3.3 Advisor Program Eligibility

Advisor program participation requires:

  • Successful completion of background check

  • Compliance with state licensing requirements (where applicable)

  • Agreement to advisor terms and compensation plan

  • Completion of required training programs

3.4 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials

  • All activities that occur under your account

  • Immediately notifying us of any unauthorized use

  • Ensuring your contact information remains current

4. Energy Service Terms

4.1 Service Enrollment

Energy service enrollment is subject to:

  • Completion of enrollment process and credit approval

  • Utility company processing and approval

  • Compliance with applicable regulations and tariffs

  • Availability of service in your location

4.2 AutoSave Guarantee

Our AutoSave technology includes the following guarantee:

  • You will never pay more than your utility's standard service rate

  • Automatic switching when savings opportunities are available

  • Continuous monitoring of market rates and your usage patterns

  • Transparent notifications of any service changes

4.3 Billing and Payment

Billing and payment terms include:

  • Monthly billing cycles based on meter readings

  • Payment due within 30 days of bill date

  • Late fees and reconnection charges as permitted by law

  • Available payment methods and autopay options

4.4 Service Modifications and Cancellation

You may modify or cancel service subject to:

  • Applicable contract terms and early termination fees

  • Utility company processing requirements

  • Outstanding balance payment obligations

  • Advance notice requirements as specified in your service agreement

5. Advisor Program Terms

5.1 Independent Contractor Relationship

Advisors are independent contractors, not employees. This relationship means:

  • No employment benefits or protections apply

  • Advisors are responsible for their own taxes and business expenses

  • No exclusive territory or customer assignments

  • Freedom to work with other companies (subject to non-compete restrictions)

5.2 Compensation and Commissions

Advisor compensation is based on:

  • Successfully enrolled and activated customer accounts

  • Customer retention and ongoing service usage

  • Team building and leadership achievements

  • Compliance with program requirements and ethical standards

5.3 Marketing and Compliance

Advisors must:

  • Use only approved marketing materials and methods

  • Comply with all applicable laws and regulations

  • Provide accurate information to potential customers

  • Maintain professional conduct and ethical standards

  • Complete required training and certification programs

5.4 Termination of Advisor Relationship

The advisor relationship may be terminated:

  • By either party with or without cause

  • Immediately for violation of terms or illegal conduct

  • For failure to meet minimum activity requirements

  • Upon material breach of advisor agreement

6. Website and Digital Services

6.1 Acceptable Use

When using our website and digital services, you agree not to:

  • Violate any applicable laws or regulations

  • Infringe on intellectual property rights

  • Transmit harmful or malicious code

  • Attempt to gain unauthorized access to our systems

  • Interfere with the proper functioning of our services

  • Use our services for fraudulent or deceptive purposes

6.2 Intellectual Property

All content on our website and in our services is protected by intellectual property laws:

  • Trademarks, logos, and brand names are our property

  • Website content, software, and technology are proprietary

  • Limited license granted for personal, non-commercial use

  • Advisors receive limited license for approved marketing materials

6.3 User-Generated Content

If you submit content to our website or services:

  • You retain ownership of your content

  • You grant us license to use, modify, and display your content

  • You represent that you have rights to submit the content

  • We may remove content that violates these Terms

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to:

  • Collection and use of information as described in our Privacy Policy

  • Sharing of information with utility companies and service providers

  • Use of cookies and tracking technologies on our website

  • Electronic communications and notifications

8. Disclaimers and Limitations

8.1 Service Availability

We strive to provide reliable services but cannot guarantee:

  • Uninterrupted service availability

  • Error-free operation of our website or systems

  • Compatibility with all devices or browsers

  • Specific savings amounts or income levels

8.2 Third-Party Services

Our services may integrate with or depend on third-party providers:

  • Utility companies for energy delivery

  • Payment processors for billing services

  • Technology providers for website and applications

  • We are not responsible for third-party service failures

8.3 Limitation of Liability

To the maximum extent permitted by law:

  • Our liability is limited to the amount you paid for services

  • We are not liable for indirect, consequential, or punitive damages

  • We are not liable for lost profits, data, or business opportunities

  • Some jurisdictions may not allow these limitations

9. Indemnification

You agree to indemnify and hold harmless ThinkBigEnergy, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

Your use of our services

  • Your violation of these Terms

  • Your violation of applicable laws or regulations

  • Your infringement of third-party rights

  • Your negligent or wrongful conduct

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

10.2 Arbitration

Most disputes can be resolved through our customer service process. For disputes that cannot be resolved informally:

  • Binding arbitration may be required for certain claims

  • Arbitration will be conducted under applicable arbitration rules

  • Class action waivers may apply where permitted by law

  • Small claims court remains available for qualifying disputes

10.3 Regulatory Complaints

Energy service complaints may also be filed with:

  • State public utility commissions

  • Consumer protection agencies

  • Better Business Bureau

  • Federal Trade Commission

11. Modifications to Terms

We may modify these Terms from time to time to reflect:

  • Changes in our services or business practices

  • Legal or regulatory requirements

  • Industry standards and best practices

  • Customer feedback and service improvements

We will provide notice of material changes through:

  • Email notifications to registered users

  • Prominent notices on our website

  • Account notifications or bill inserts

  • Other reasonable communication methods

  • Your continued use of our services after changes take effect constitutes acceptance of the modified Terms.

12. Termination

12.1 Termination by You

You may terminate your use of our services at any time by:

  • Canceling your energy service according to your service agreement

  • Closing your advisor account

  • Discontinuing use of our website and digital services

  • Following applicable notice and cancellation procedures

12.2 Termination by Us

We may terminate or suspend your access to our services:

  • For violation of these Terms

  • For non-payment of amounts due

  • For fraudulent or illegal activity

  • If required by law or regulatory action

  • Upon discontinuation of services in your area

12.3 Effect of Termination

Upon termination:

  • Your right to use our services immediately ceases

  • Outstanding obligations remain in effect

  • Certain provisions of these Terms survive termination

  • We may retain information as required by law

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and ThinkBigEnergy.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

13.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and

obligations without restriction.

13.5 Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural

disasters, government actions, or utility system failures.

14. Contact Information

If you have questions about these Terms of Service, please contact us:

ThinkBigEnergy Legal Department
1 E. Erie St.

Chicago, IL 60611

Email: [email protected]
Phone: 773-658-9800
Hours: Monday-Friday, 9:00 AM - 5:00 PM CST