Terms of Service

Last updated: January 17, 2026

1. Acceptance of Terms

By accessing and using Electrac ("the Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use the Service.

2. Description of Service

Electrac provides real-time electricity price tracking and alert services. The Service allows users to:

  • Monitor current electricity prices from supported utility providers
  • View historical price data and trends
  • Set up price alerts (pro feature)
  • Receive SMS notifications for significant price changes (pro feature)

3. User Accounts and Authentication

To use the Service, you must provide a valid phone number for SMS-based authentication. You agree to:

  • Provide accurate and current phone number information
  • Maintain the security of your verification codes
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

4. SMS Communications and Consent

4.1 Consent Required

By creating an account and checking the consent box, you expressly consent to receive SMS text messages from Electrac at the phone number you provide. This consent is required to use the Service.

4.2 Types of Messages

You agree to receive the following types of SMS messages:

  • Authentication Messages: One-time verification codes to log in to your account (required)
  • Price Alert Notifications: Alerts for electricity price changes based on thresholds you configure (optional, can be disabled)
  • Service Updates: Critical service announcements and security notifications

4.3 No Marketing

We will NEVER use your phone number for marketing purposes. Your phone number will only be used for: authentication, alerts you explicitly enable, and critical service communications.

4.4 Message Frequency

  • Authentication: Only when you log in (on-demand)
  • Price Alerts: Varies based on electricity price volatility and your configured thresholds. You control alert frequency by adjusting your alert settings.
  • Service Updates: Rare, only for critical service or security notifications

4.5 Costs and Carrier Information

Message and data rates may apply based on your mobile carrier's plan. Electrac does not charge for SMS messages, but your carrier may. Please check with your mobile service provider for details about your messaging plan.

4.6 Opting Out

You may opt out of non-essential SMS messages (price alerts) at any time through any reasonable method, including:

  • Replying STOP to any SMS message
  • Disabling alert preferences in your account settings
  • Emailing [email protected]
  • Contacting our support team by any method

We will honor all opt-out requests within 10 business days of receipt. Note: Authentication messages are required to use the Service and cannot be disabled without deleting your account.

4.7 Supported Carriers

The Service is available for all major US wireless carriers. If you experience issues receiving messages, please contact your carrier to ensure SMS is enabled for your number.

4.8 Electronic Communications Consent

You consent to receive communications from us electronically, including via email and SMS. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. This consent applies to Terms of Service updates, Privacy Policy changes, billing statements and receipts, service announcements, and customer support communications.

You may withdraw consent to non-essential electronic communications by contacting [email protected], but authentication messages and legal notices will continue as required to provide the Service.

5. Data Accuracy

While we strive to provide accurate and up-to-date electricity pricing information, we cannot guarantee the accuracy, completeness, or timeliness of the data. Price information is provided for informational purposes only and should not be the sole basis for financial or operational decisions.

6. Pro Services, Billing, and Refunds

6.1 Subscription Plans

Pro features (price alerts and SMS notifications) require a paid subscription. Pricing, billing frequency, and payment terms will be clearly disclosed before purchase. By subscribing, you authorize us to charge your payment method for all fees associated with your subscription.

6.2 Billing and Payment

  • Subscriptions automatically renew unless canceled before the renewal date
  • You authorize us to charge your payment method for recurring fees
  • Prices may change with 30 days' advance notice to existing subscribers
  • Payment processing is handled securely by Stripe, Inc.
  • You are responsible for providing current, complete, and accurate payment information

6.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period. You will retain access to pro features until the paid period ends.

To cancel online: Log in → Account Settings → Subscription → Cancel Subscription

6.4 Refund Policy

  • Monthly subscriptions: No refunds for partial months. Service continues until the end of the paid period upon cancellation.
  • Annual subscriptions: Full refund available if canceled within 30 days of initial purchase. After 30 days, no refunds will be issued, but service continues until the end of the paid annual period.
  • Service availability: If the Service is unavailable for 48+ consecutive hours due to our technical issues, contact [email protected] for a prorated refund or credit.

Refunds are processed to the original payment method within 5-10 business days.

6.5 Payment Disputes

If you dispute a charge with your bank or card issuer without first contacting us to resolve the issue, we may suspend your account pending resolution of the dispute.

7. Prohibited Uses

You agree not to:

  • Use the Service for any unlawful purpose
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Use automated means to access the Service without permission
  • Resell or redistribute the Service without authorization

8. Intellectual Property

The Service and its original content, features, and functionality are owned by Electrac and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

9. Warranty Disclaimer and Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ELECTRICITY PRICE DATA.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You may have other rights that vary by jurisdiction.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ELECTRAC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use the Service
  • Any unauthorized access to or use of our servers or your personal information
  • Any bugs, viruses, trojan horses, or similar issues transmitted through the Service
  • Any errors, omissions, or inaccuracies in any content or electricity price data
  • Any conduct or content of third parties using the Service
  • Any interruption or cessation of the Service

9.3 Monetary Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

9.4 Exceptions

The limitations in this Section 9 do not apply to:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Gross negligence or willful misconduct
  • Liability that cannot be limited or excluded under applicable law

9.5 Basis of the Bargain

You acknowledge that the limitations of liability in this section are fundamental elements of the agreement between you and Electrac, and that the Service would not be provided to you without these limitations.

10. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting [email protected] or using the account deletion feature within the Service. Upon termination, we will delete your personal data in accordance with our Privacy Policy and applicable data retention requirements.

11.2 Termination by Us

We may suspend or terminate your account and access to the Service if you:

  • Violate these Terms or our policies
  • Engage in fraudulent, abusive, or unlawful behavior
  • Fail to pay fees when due
  • Use the Service in a manner that risks harm to us, other users, or third parties
  • Provide false or misleading information

We will provide reasonable notice before termination except in cases of: (a) legal requirement to terminate immediately, (b) suspected fraud or security threat, (c) violations that cause immediate harm, or (d) repeat violations after prior warnings.

11.3 Effect of Termination

Upon termination of your account:

  • Your right to use the Service ceases immediately
  • We will delete your account and personal data in accordance with our Privacy Policy
  • You remain liable for any fees owed prior to termination
  • No refunds will be provided except as specified in Section 6.4 (Refund Policy)

11.4 Survival

The following sections survive termination of these Terms: Sections 7 (Prohibited Uses), 8 (Intellectual Property), 9 (Warranty Disclaimer and Limitation of Liability), 13 (Dispute Resolution and Arbitration), 14 (Indemnification), and 15-21 (General Provisions).

12. Contact Information

If you have any questions about these Terms, please contact us at: [email protected]

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

13.1 Informal Resolution

Before filing a claim against Electrac, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within 60 days. If we cannot resolve the dispute within 60 days, either party may initiate arbitration or, where permitted, small claims court proceedings.

13.2 Binding Arbitration

If informal resolution fails, you and Electrac agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except as provided in Section 13.3 below.

The arbitration will be conducted in Cook County, Illinois, or remotely via video conference at your option. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction.

13.3 Exceptions to Arbitration

Either party may bring a lawsuit in court instead of arbitration for:

  • Claims filed in small claims court, provided the claim remains in small claims court and proceeds only on an individual (non-class, non-representative) basis
  • Claims seeking injunctive relief for intellectual property infringement
  • Claims that may not be subject to arbitration under applicable law

13.4 Arbitration Costs

Electrac will pay all AAA filing, administration, and arbitrator fees for claims under $10,000, unless the arbitrator finds the arbitration frivolous. For claims over $10,000, fees are allocated according to AAA rules. Each party is responsible for their own attorney's fees unless awarded by the arbitrator or required by law.

13.5 Class Action Waiver

YOU AND ELECTRAC AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, NOT AS A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. You and Electrac agree to waive the right to participate in a class action, class arbitration, or any other representative proceeding, whether in arbitration or in court.

If a court or arbitrator determines that the class action waiver is unenforceable for any particular claim or cause of action, that claim or cause of action must be severed and proceeded in court rather than arbitration, while all other claims proceed in arbitration.

Exception: This class action waiver does not apply to claims of sexual assault or sexual harassment, which may proceed in court on a class or representative basis as permitted by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

13.6 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must email [email protected] within 30 days of first accepting these Terms. Your email must include your name, phone number, and a clear statement that you wish to opt out of the arbitration agreement.

If you opt out of the arbitration agreement, all other terms of these Terms will still apply. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements you may have with us.

13.7 Governing Law

These Terms and any Disputes will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

13.8 Venue

For any disputes not subject to arbitration (including small claims court matters or intellectual property claims), you agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Cook County, Illinois.

14. Indemnification

You agree to indemnify, defend, and hold harmless Electrac, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

  • Your violation of these Terms or any applicable law or regulation
  • Your violation of any third-party rights, including intellectual property rights, privacy rights, or property rights
  • Any unauthorized, fraudulent, or abusive use of the Service through your account
  • Any content you submit, transmit, or make available through the Service
  • Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. This indemnification obligation will survive termination of these Terms and your use of the Service.

15. Age Requirement

You must be at least 13 years old to use this Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

Users under 13: If we discover that we have collected information from a child under 13 without verifiable parental consent, we will delete that information immediately. If you believe we have collected information from a child under 13, please contact us at [email protected].

16. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to events beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes or labor disputes, or shortages of transportation facilities, fuel, energy, labor, or materials.

17. Severability

If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

18. Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any attempted assignment, transfer, or delegation without such consent will be null and void.

We may freely assign, transfer, or delegate these Terms and our rights and obligations hereunder to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or by operation of law, without your consent and without notice.

19. Waiver

Our failure to enforce any provision of these Terms, or to exercise any right or remedy available to us, will not constitute a waiver of that provision, right, or remedy, nor will it prevent us from enforcing that provision, right, or remedy in the future. Any waiver must be in writing and signed by an authorized representative of Electrac to be effective.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Electrac regarding use of the Service and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and Electrac regarding the subject matter hereof.

21. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date at the top. For material changes, we will also provide notice via email or prominent notice within the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account as described in Section 11.