Terms of Service

These Terms form a legally binding agreement between ASG Commercial Energy Solutionsand the commercial, industrial, or institutional entity on whose behalf the Service is accessed (the “Customer,” “Company,” or “you”). Pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable electronic transactions laws of North Carolina, your interactive use of the Service, electronic acceptance, form submission, or continued access constitutes an electronic signature with the same legal effect as a handwritten signature. You acknowledge that you have read, understood, and agree to be bound by these Terms.

The Service is offered exclusively for business-to-business (B2B) use by commercial facility operators, industrial building owners, data center operators, institutional energy buyers, developers, and other commercial, industrial, or institutional entities evaluating Battery Energy Storage Systems (“BESS”), microgrids, fleet charging infrastructure, peak-demand mitigation, and related energy infrastructure projects.

The Service is not intended for consumers, households, or personal, family, or household purposes. You represent and warrant that: (a) you are using the Service solely in a commercial or institutional capacity; (b) you are at least eighteen (18) years of age; and (c) you are duly authorized to bind the Customer entity to these Terms. If you accept these Terms on behalf of a company or other legal entity, you represent that you have full legal authority to bind that entity. Consumer protection statutes, regulations, and common-law doctrines that apply exclusively to consumer transactions (including, without limitation, consumer arbitration rules and consumer warranty regimes) do not apply to the Service or these Terms to the maximum extent permitted by law.

• “Customer Data” means all data, content, and materials submitted by or on behalf of Customer, including Executive PII, Corporate Identifiable Information (CII), facility addresses, load profiles, utility bills, interval data, site photographs, project requirements, and communications.
• “Vendors”means independent third-party Engineering, Procurement, and Construction (“EPC”) contractors, equipment manufacturers, integrators, consultants, and clean energy finance or offtake partners that may be surfaced, matched, or introduced through the Service.
• “Grid Intelligence” means market, utility, congestion, feasibility, interconnection, incentive, and related informational content displayed or generated by the Service, including scores, multipliers, estimates, and narrative summaries.
• “Matched Engagement” means any introduction, referral, quote request, RFP facilitation, or commercial discussion between Customer and a Vendor arising from use of the Service.

ASG Commercial Energy Solutions operates as an independent B2B vendor discovery, matching, data aggregation, and procurement facilitation platform. We connect commercial and industrial energy buyers with certified regional EPC contractors, equipment manufacturers, and clean energy finance partners for BESS, microgrids, and related infrastructure.

Without limitation, ASG Commercial Energy Solutions is NOT:

• a licensed professional engineering firm, architect, or design professional;
• an EPC contractor or general contractor;
• a licensed electrician, installer, or construction tradesperson;
• a broker-dealer, investment adviser, municipal advisor, or financial adviser;
• a utility, retail electric provider, ISO/RTO, or grid operator;
• a permitting authority, inspector, or governmental agency; or
• a party to any construction, equipment supply, interconnection, or financing contract between Customer and any Vendor.

ASG Commercial Energy Solutions does not perform physical installation, commissioning, operations and maintenance, or pull permits. Any engineering, procurement, construction, financing, interconnection, or permitting work is performed solely by Customer and/or independent Vendors under separate agreements to which ASG Commercial Energy Solutions is not a party, unless expressly agreed in a separate written instrument signed by an authorized officer of ASG Commercial Energy Solutions.

You are responsible for maintaining the confidentiality of account credentials and for all activities occurring under your accounts. You must promptly notify ASG Commercial Energy Solutions of any unauthorized access or security incident involving your account or Customer Data. We may suspend or terminate access where we reasonably believe credentials have been compromised, these Terms have been violated, or continued access presents legal, security, or operational risk.

Subject to these Terms, the Service may include: (a) local market and grid intelligence pages; (b) facilities assessment and lead intake workflows; (c) vendor discovery, matching, and introduction features; (d) informational content regarding utilities, regulatory market structures, ISO/RTO zones, interconnection posture, and commercial energy topics; and (e) communications tools enabling contact with ASG Commercial Energy Solutions personnel and, where applicable, Vendors. Features may change, be suspended, or be discontinued at any time. We do not guarantee uninterrupted or error-free operation.

You acknowledge that use of the Service will involve submission of sensitive commercial information, which may include: (a) high-level Executive personally identifiable information (“PII”) such as names, titles, work emails, and phone numbers; (b) Corporate Identifiable Information (“CII”); (c) proprietary facility load profiles, interval data, and utility bills; (d) site characteristics and project requirements; and (e) other energy infrastructure information that may be sensitive from an operational, competitive, or security standpoint (collectively, “Infrastructure Data”).

You grant ASG Commercial Energy Solutions a worldwide, non-exclusive, royalty-free right to host, copy, process, transmit, display, and otherwise use Customer Data as necessary to: (i) operate and improve the Service; (ii) perform vendor matching, quoting facilitation, and procurement support; (iii) securely transmit relevant Customer Data to Vendors in our network for the sole purpose of evaluating fit, preparing indicative quotes, and responding to Customer requests; (iv) comply with law; and (v) enforce these Terms. You represent that you have all rights, consents, and authority required to submit Customer Data and to authorize such processing and transmission.

You agree not to submit data that you are legally prohibited from sharing, including classified information, or data whose disclosure would violate export controls, NDAs with third parties (unless permitted), or critical infrastructure protection obligations, unless you have obtained all required authorizations. You remain solely responsible for sanitizing, classifying, and approving disclosures of Infrastructure Data.

Each party may receive non-public business information of the other (“Confidential Information”). The receiving party shall use Confidential Information solely to perform under these Terms and shall protect it using reasonable administrative, technical, and organizational measures appropriate to the sensitivity of the data. Disclosure is permitted to employees, contractors, and Vendors with a need to know who are bound by confidentiality obligations no less protective than those herein, and as required by law (with prior notice where legally permitted).

Customer Data and Infrastructure Data are Customer’s Confidential Information. ASG Commercial Energy Solutions’s Grid Intelligence methodologies, matching logic, product designs, and non-public commercial terms are ASG Commercial Energy Solutions’s Confidential Information. Obligations survive for three (3) years after disclosure, or longer for trade secrets for so long as they remain trade secrets under applicable law. Our handling of personal information is further described in the Privacy Policy.

Informational Estimates Only — Not Engineering or Financial Advice

All Grid Intelligence, congestion index scores, ISO/RTO market insights (including without limitation ERCOT, CAISO, PJM, NYISO, and Non-ISO vertically integrated market context), interconnection and feeder availability metrics, feasibility scores, storage offset multipliers, peak-shaving estimates, incentive program narratives, and related content are estimates provided solely for general informational purposes. They do not constitute engineering advice, design services, financial, tax, legal, or regulatory advice, binding interconnection determinations, utility commitments, or offers to contract.

Grid conditions, tariffs, incentives, queue positions, and market rules change frequently and may differ materially by meter, substation, feeder, retail product, and facility. You must conduct your own independent due diligence, including engagement of qualified licensed engineers, attorneys, tax advisers, and utilities, before making any investment, procurement, interconnection, or operational decision. ASG Commercial Energy Solutions does not warrant the accuracy, completeness, currency, or fitness of Grid Intelligence for any particular purpose.

Vendors are independent third parties. ASG Commercial Energy Solutions does not employ Vendors as employees for Customer projects and does not control their means, methods, pricing, staffing, safety programs, insurance, licensing, bonding, or work product. Listing, matching, or introduction of a Vendor does not constitute an endorsement, certification of current licensure, warranty of financial condition, or guarantee of performance, schedule, cost, or eligibility for incentives or tax credits.

Any contract for design, equipment, construction, financing, or other project work—including multimillion-dollar infrastructure engagements—is strictly between Customer and the applicable Vendor. ASG Commercial Energy Solutions is not a party to such contracts and is not a guarantor, surety, or joint venturer. To the maximum extent permitted by law, you release and hold harmless ASG Commercial Energy Solutions from any claims arising out of or related to Vendor acts or omissions, including installation failures, defective workmanship or materials, grid downtime, interconnection delays, project cost overruns, safety incidents, permitting failures, and financing shortfalls.

The Service and all content (including Grid Intelligence and Vendor information) are provided “as is” and “as available.” To the maximum extent permitted by law, ASG Commercial Energy Solutions disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will meet your requirements, achieve any particular energy savings or ROI, or be uninterrupted, secure, or error-free.

To the maximum extent permitted by law, in no event shall ASG Commercial Energy Solutions be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, goodwill, data, business opportunity, energy savings, facility downtime, equipment damage, production losses, or loss of tax incentives, credits, rebates, or subsidies, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.

To the maximum extent permitted by law, ASG Commercial Energy Solutions’s aggregate liability arising out of or related to the Service or these Terms shall not exceed the greater of: (a) the total fees actually paid by Customer to ASG Commercial Energy Solutions for the Service in the twelve (12) months preceding the event giving rise to liability; or (b) one hundred U.S. dollars (US $100) if no such fees were paid. The foregoing limitations apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the maximum extent permitted.

Customer shall defend, indemnify, and hold harmless ASG Commercial Energy Solutionsand its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Data, Infrastructure Data, or other materials submitted to the Service; (b) Customer’s use of the Service or Grid Intelligence; (c) Customer’s breach of these Terms or violation of law; (d) disputes, claims, or proceedings between Customer and any Vendor or other third party arising from a Matched Engagement or project; (e) alleged infringement or misappropriation resulting from Customer Data; and (f) bodily injury, property damage, or environmental claims arising from Customer’s facilities or Vendor work. We may assume exclusive defense of any matter subject to indemnification at Customer’s expense; you shall cooperate fully.

Certain features of the Service may be provided without charge; others may be subject to separate order forms, statements of work, or commercial agreements. Indicative quotes from Vendors are not offers by ASG Commercial Energy Solutions. Customer is solely responsible for negotiating and paying Vendor fees, deposits, and change orders. Unless expressly stated in a signed writing, ASG Commercial Energy Solutions is not responsible for Vendor pricing accuracy or incentive stacking outcomes.

The Service, including its software, dynamic routing architecture, user interfaces, databases, Grid Intelligence datasets and methodologies, matching algorithms, trademarks, and documentation, is owned by ASG Commercial Energy Solutionsor its licensors and protected by intellectual property and unfair competition laws. Except for the limited right to access the Service for Customer’s internal business purposes in accordance with these Terms, no rights are granted.

You shall not, and shall not permit others to: (a) scrape, crawl, spider, harvest, or use automated means (including bots, spiders, offline readers, or AI agents) to access, copy, or index the Service or Grid Intelligence; (b) reverse engineer, decompile, or attempt to derive source code or non-public algorithms except to the limited extent such restriction is prohibited by law; (c) create derivative databases or competing products using Service content; (d) remove proprietary notices; or (e) frame or mirror the Service without prior written consent. We reserve all rights to seek injunctive relief and damages for violations.

You shall not use the Service to: violate law; infringe third-party rights; transmit malware; attempt unauthorized access; interfere with Service integrity or other users; submit false, misleading, or fraudulent project or identity information; harass personnel or Vendors; or use the Service to build a competing marketplace using our non-public data or methods. We may investigate and cooperate with law enforcement regarding suspected violations.

By providing contact information and using intake or call features, you authorize ASG Commercial Energy Solutions and its network partners to contact you regarding your inquiry, account administration, vendor matching, quoting, and related B2B service communications via email, telephone (including prerecorded or artificial voice where permitted), and SMS/MMS at the numbers provided. Consent is not a condition of purchase. Message and data rates may apply. You may opt out of SMS by replying STOP (or as otherwise instructed) and may unsubscribe from marketing emails via the link provided. Transactional and relationship messages related to active assessments or security may continue as permitted by law.

You represent that you are the subscriber or customary user of any phone number provided and are authorized to consent on behalf of Customer. Our practices are further described in the Privacy Policy.

These Terms remain in effect while you access the Service. We may suspend or terminate access immediately for breach, legal risk, non-payment (where applicable), or extended inactivity. Upon termination, your right to use the Service ceases. Sections that by their nature should survive (including platform role disclaimers, Grid Intelligence disclaimers, vendor release, warranties disclaimer, limitation of liability, indemnification, IP, arbitration, and miscellaneous) shall survive.

ASG Commercial Energy Solutions shall not be liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages, utility or grid outages, cyberattacks, denial-of-service attacks, or failures of hosting, telecommunications, or third-party platforms.

You shall comply with all applicable export control, sanctions, anti-corruption, and critical infrastructure laws. You represent that you are not a prohibited party under U.S. sanctions and will not use the Service in violation of such laws. Customer is solely responsible for compliance with utility tariffs, interconnection rules, environmental requirements, workplace safety laws, and incentive program eligibility rules applicable to its projects.

These Terms and any dispute arising out of or relating to them or the Service shall be governed by the laws of the State of North Carolina, without regard to conflict-of-law principles. Except for claims seeking injunctive or other equitable relief for intellectual property misuse or unauthorized access, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (not Consumer Arbitration Rules). The seat of arbitration shall be Wake County, North Carolina. The language of arbitration shall be English. Judgment on the award may be entered in any court of competent jurisdiction.

Either party may seek provisional injunctive relief in the state or federal courts located in Wake County, North Carolina to protect intellectual property or Confidential Information pending arbitration. YOU AND ASG COMMERCIAL ENERGY SOLUTIONS WAIVE ANY RIGHT TO A JURY TRIAL IN COURT TO THE MAXIMUM EXTENT PERMITTED BY LAW.

To the maximum extent permitted by law, all claims must be brought in the parties’ individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must be severed and brought in court, while remaining claims proceed in arbitration.

These Terms, together with the Privacy Policy and any applicable order form or statement of work executed by the parties, constitute the entire agreement regarding the Service and supersede prior or contemporaneous understandings relating to the same subject matter. We may modify these Terms by posting an updated version with a new effective date; material changes will be indicated by updating the Effective Date. Continued use after changes become effective constitutes acceptance. If any provision is held unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions shall continue in full force. Failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with merger, acquisition, or sale of assets. Notices to ASG Commercial Energy Solutionsmust be sent to the contact below. Headings are for convenience only. The parties are independent contractors. There are no third-party beneficiaries except indemnified parties under Section 13.

For questions regarding these Terms or legal notices, contact:

See also our Privacy Policy and Contact page.