EnergyIntel
EnergyIntel

Terms of Service

Effective date: April 27, 2026 Last updated: April 27, 2026

These Terms of Service ("Terms") govern your access to and use of EnergyIntel ("the Service"), provided by ASA Energy Consulting Ltd. ("we," "us," "our"), a company incorporated under the laws of British Columbia, Canada.

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Important: Outputs Are Estimates

EnergyIntel outputs — including BEF scores, energy savings estimates, conservation potential, dollar values, and Energy Conservation Measure (ECM) recommendations — are estimates intended to support engineering decisions, not replace them.

These outputs are generated from:

  • The data and configuration you provide
  • Reference models and methodology assumptions built into the platform
  • Standard engineering calculations applied to your inputs

Outputs are not engineering deliverables, are not guaranteed to be accurate, and do not constitute professional engineering advice. They should not be relied upon as the sole basis for any operational, financial, regulatory, or capital-investment decision.

You are solely responsible for:

  • The accuracy and completeness of data you upload
  • Verifying any output before acting on it
  • Obtaining licensed professional engineering review where required
  • Any decision you make or action you take based on platform outputs

By using the Service, you accept all risk associated with such decisions and actions.

2. The Service

EnergyIntel is an online platform for benchmarking industrial and commercial energy systems using the Benchmark Energy Factor (BEF) methodology. The Service allows you to upload operating data, configure assessment systems, calculate BEF scores, identify ECMs, and generate reports.

The Service is currently in a pilot stage. Features may change, be added, or be removed without notice. Service availability, performance, and accuracy are not guaranteed during the pilot period.

3. Eligibility and Accounts

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.

You agree to:

  • Provide accurate, current, and complete information during registration
  • Keep your account credentials confidential
  • Notify us promptly of any unauthorized use of your account
  • Be responsible for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or are used for purposes inconsistent with the Service.

4. Your Data and Content

You retain all rights to the data you upload to the Service, including facility information, operating data, system configurations, and any documents you provide ("Customer Data").

By uploading Customer Data, you grant us a limited, non-exclusive licence to process, store, display, and operate on that data solely to provide and improve the Service for you. We do not sell, rent, or share Customer Data with third parties except as described in our Privacy Policy.

You are responsible for the accuracy, legality, and quality of Customer Data. You represent that you have all necessary rights to upload and use Customer Data within the Service.

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of applicable law
  • Attempt unauthorized access to the Service, other accounts, or our systems
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use automated tools to scrape or extract data from the Service except as expressly permitted
  • Upload content that infringes intellectual property rights of others
  • Use the Service to transmit harmful code, malware, or unsolicited communications
  • Resell, sublicense, or redistribute the Service without our written consent

6. Intellectual Property

The Service — including software, methodology, calculation engines, reference models, user interfaces, documentation, and the EnergyIntel and BEF marks — is owned by ASA Energy Consulting Ltd. or its licensors and is protected by Canadian and international intellectual property laws.

You receive a limited, non-exclusive, non-transferable right to use the Service solely as permitted by these Terms. No other rights are granted. The BEF methodology may be subject to standards published by third-party organizations; nothing in these Terms grants you rights to those underlying standards.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  • WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF OUTPUTS
  • UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Service will meet your requirements, that outputs will be accurate or reliable, or that any errors in the Service will be corrected. Your use of the Service is at your sole risk.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ASA ENERGY CONSULTING LTD. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOST PROFITS, LOST REVENUE, LOST DATA, OR LOST BUSINESS OPPORTUNITY
  • DAMAGES ARISING FROM YOUR RELIANCE ON ANY OUTPUT OF THE SERVICE
  • DAMAGES ARISING FROM ENERGY DECISIONS, OPERATIONAL CHANGES, CAPITAL INVESTMENTS, OR REGULATORY FILINGS BASED ON THE SERVICE
  • DAMAGES ARISING FROM SERVICE INTERRUPTIONS, DATA LOSS, OR SECURITY INCIDENTS

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR USERS ON THE FREE OR PILOT TIER, THIS AMOUNT IS ZERO DOLLARS (CAD $0).

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OF THE CLAIM (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless ASA Energy Consulting Ltd. and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the Service
  • Your Customer Data
  • Your violation of these Terms
  • Your violation of any law or third-party right
  • Decisions or actions you take based on Service outputs

10. Term and Termination

These Terms remain in effect while you have an account or use the Service.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms.

On termination:

  • Your right to use the Service ends immediately
  • We may delete your account and Customer Data after a reasonable retention period
  • Sections that by their nature should survive termination (including Sections 1, 4, 6, 7, 8, 9, 11, 12, and 13) will survive

11. Changes to the Service and These Terms

We may modify the Service or these Terms at any time. Material changes to these Terms will be communicated by email or prominent notice within the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

If you do not agree to a change, you must stop using the Service.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the courts of British Columbia, located in Vancouver, BC. You consent to the personal jurisdiction of those courts.

13. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms at any time.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

14. Contact

Questions about these Terms can be sent to:

ASA Energy Consulting Ltd. Vancouver, BC, Canada Email: info@energyintel.ca