Netwatt Systems

Terms of Service

Last Updated: June 12, 2026

Effective Date: June 12, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the website at netwattsystems.com, the Netwatt Energy Portal at start.netwattsystems.com, and any related services (collectively, the "Services") provided by IMPAQ Holdings, LLC, a Florida limited liability company, doing business as Netwatt Systems ("Netwatt Systems," "we," "us," or "our").

By accessing or using our Services, creating an account, or submitting a request through the Netwatt Energy Portal, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Services.

If you are using our Services on behalf of a business, organization, or other entity, you represent that you have authority to bind that entity to these Terms, and references to "you" mean both you individually and that entity.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. Our Services are designed for businesses operating in the United States, primarily Florida.

3. Description of Services

Netwatt Systems provides energy savings assessment services for commercial businesses, including:

We may modify, suspend, or discontinue any aspect of our Services at any time.

4. Account Registration

To use the Netwatt Energy Portal, you must create an account by providing accurate, current, and complete information. You are responsible for:

We reserve the right to suspend or terminate accounts that we reasonably believe are inaccurate, fraudulent, or in violation of these Terms.

5. Automatic Bill Retrieval Service (Paid)

5.1 What You're Paying For

The $25.00 USD fee covers the cost of retrieving your last 12 months of utility bills directly from your utility provider on your behalf, through our licensed third-party data partner (UtilityAPI or a successor service). This service is offered only as a convenience for customers who choose not to upload their bills themselves.

The $25 fee includes:

What the $25 fee does not include:

If you would prefer not to pay the $25 fee, you may upload your utility bills yourself, free of charge, as described in Section 6.

5.1A How the $25 Fee Is Counted — Per Utility Account, Not Per Street Address

The $25 fee is charged per utility account / per meter for which we retrieve bills, not per physical address. A single business location may have more than one utility account or meter, and each separately-billed account requires a separate retrieval through our data partner.

How to tell how many $25 charges apply to you:

Example. A business called Acme Training has one physical location with three meters. The utility issues three separate bills — one for "Acme Training," one for "Acme Warehouse," and one for "Acme Office." Because there are three separate utility accounts, the Automatic Bill Retrieval fee would be 3 × $25 = $75 for that location. If, instead, those same three meters were rolled into a single combined utility bill under one account number, the fee would be $25 total for that location.

If you are not sure how many separate accounts you have, you may either (a) check the most recent utility bill or your online utility-provider account, (b) contact your utility provider, or (c) choose the free self-upload option in Section 6 and upload whatever bills you have, in which case no fee applies.

If we discover additional accounts after you have paid. If, during the retrieval process, we or our data partner identify additional separately-billed utility accounts for your location that were not included in your original payment, we will contact you with the list of additional accounts and the additional $25-per-account fee before retrieving them. We will not charge you for additional accounts without your express authorization. You may decide to (a) approve the additional retrieval and pay the additional fee, (b) decline and proceed only with the accounts already retrieved, or (c) cancel the remaining retrievals and upload those bills yourself at no charge.

Single consolidated charge per submission. Regardless of how many locations or utility accounts you include in a submission, all Automatic Bill Retrieval fees for that submission are aggregated and processed as one single payment transaction. Your card or payment method will show one line item on your statement covering the full amount (for example, a customer with five locations totaling six paid retrievals will see one $90.00 charge, not multiple charges). If a refund becomes due — including the over-declaration auto-refund described in Section 5.1A above and the no-retrieval refund described in Section 8 — that refund is issued as a partial refund against the original single transaction, not as a series of separate transactions.

Authority over the account. You represent that you have authority to authorize retrieval of bills for each utility account you submit, regardless of the name shown on the bill, and that all accounts you submit relate to facilities operated by your business.

5.2 Authorization

By selecting Automatic Bill Retrieval and completing payment, you authorize:

5.3 Timeline

Utility data retrieval typically takes 2 to 5 business days after payment is completed and your utility account authorization is finalized. Some utilities may take longer based on their systems. We are not responsible for utility-side delays.

5.4 Refund Policy

Our refund policy is described in detail in our Refund Policy and is incorporated by reference into these Terms.

In summary: if our licensed data partner is unable to retrieve your utility bills from your utility provider for any reason, you will receive a full refund of the $25 fee within 5 business days of our determination that the retrieval cannot be completed. We will then invite you to upload your utility bills directly through the Netwatt Energy Portal at no charge so we can still complete your energy assessment.

Once your utility data has been successfully retrieved, the service has been completed and the fee is non-refundable.

5.5 Payment Processing

Payments are processed by Wix Payments, our third-party payment processor. By making a payment, you also agree to Wix's terms and privacy policy. We do not store full credit card numbers.

6. Free Self-Upload Service

If you choose to upload your bills yourself, this service is provided at no cost. We accept utility bills in PDF, JPG, PNG, and HEIC formats, up to 10 MB per file. We may decline to accept files that are corrupted, illegible, or appear to be fraudulent.

7. Energy Savings Proposal — Estimate Only Until Final Contract

The energy savings proposal we prepare for you based on your utility bills is an estimate based on the data you provide and our professional analysis. It is not a guarantee of future savings.

You understand and agree:

7A. Roles of Netwatt Systems and Emissis; Three-Stage Process

It is important that you understand who is providing what under our energy savings program. The program involves two distinct companies, and any savings guarantee is the responsibility of the equipment manufacturer, not Netwatt Systems.

Netwatt Systems is an authorized distributor of energy-savings equipment manufactured by Emissis. If you decide to move forward after our assessment, Netwatt Systems (as distributor) is the party that issues your sales agreement and contracts directly with you for the supply and installation of the equipment.

Any guaranteed energy savings is provided by Emissis (the manufacturer), not by Netwatt Systems. The savings guarantee is tied to the performance of Emissis equipment and is offered by Emissis on the basis of a completed site visit, verified equipment selection, and a signed final contract. Netwatt Systems does not guarantee energy savings and does not have authority to bind Emissis to any savings figure outside of the manufacturer's written guarantee documentation.

The energy savings program moves through three distinct stages, and what we can promise you depends on which stage you are in:

Stage 1 — Initial Estimate (this Portal). When you submit your utility bills (either by self-upload or through our $25 Automatic Bill Retrieval service), we prepare an estimated energy savings proposal based on your usage data and our analysis. All figures provided at this stage — including projected savings, payback periods, and ROI — are estimates only. No guarantee of savings or ROI is offered or implied at Stage 1. You are under no obligation to proceed beyond this stage.

Stage 2 — Site Visit and Verification. If you wish to move forward after reviewing your estimate, we will schedule an on-site visit. During this visit we (or our designated representative) will physically verify your equipment, its condition and size, the installation requirements, and the actual cost of installing the recommended Emissis equipment at your location. Until this visit is complete, all figures remain estimates. No guaranteed savings or ROI can be provided before the site visit is completed.

Stage 3 — Final Estimate and Sales Agreement. Following the site visit, we will prepare a final estimate reflecting verified equipment selection, verified installation cost, and the Emissis manufacturer guarantee terms. If you choose to proceed, you will sign a separate written sales agreement with Netwatt Systems for the supply and installation of the Emissis equipment. The guaranteed savings figure provided by Emissis applies only upon execution of that final sales agreement and is governed by the terms of the Emissis manufacturer guarantee delivered with the equipment. Until that final sales agreement is signed, all figures — including any savings or ROI numbers shown to you in marketing materials, the Portal, or your initial proposal — remain estimates only.

Summary of who is responsible for what:

If at any point you are unclear about which company is responsible for a particular promise, estimate, or guarantee, please email us at jfrahm@netwattsystems.com before signing any agreement or making any payment beyond the $25 Automatic Bill Retrieval fee.

8. Your Responsibilities

You agree to:

9. Intellectual Property

All content on our Services — including text, graphics, logos, software, and the Netwatt Systems name and trademarks — is owned by or licensed to Netwatt Systems and is protected by U.S. copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your business's internal energy assessment purposes. This license does not include any right to copy, modify, distribute, or create derivative works of our Services or content.

You retain ownership of the information and files you submit to the Services. By submitting information to us, you grant Netwatt Systems a license to use that information solely to provide the Services you requested.

10. Third-Party Services and Links

Our Services integrate with and link to third-party services, including UtilityAPI, Wix Payments, and your utility provider's website. We are not responsible for the content, accuracy, availability, or practices of these third parties. Your use of third-party services is governed by their own terms and privacy policies.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

We do not warrant:

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETWATT SYSTEMS AND ITS OWNERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR LOST DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

13. Indemnification

You agree to indemnify, defend, and hold harmless Netwatt Systems and its owners, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

14. Termination

You may terminate your account at any time by contacting us at jfrahm@netwattsystems.com.

We may suspend or terminate your account and access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms or for any other reason in our discretion.

Provisions that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

15. Governing Law and Binding Arbitration

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. This Section 15 contains an agreement to arbitrate disputes on an individual basis and a class-action waiver. Please read it carefully — it affects your legal rights.

15.1 Informal Resolution First

Before initiating any arbitration or legal action, you and Netwatt Systems agree to first contact the other party in writing and attempt in good faith to resolve any dispute informally for at least 30 days. Customers may contact us at jfrahm@netwattsystems.com. We will contact you at the email address on your account. Most disputes can be resolved at this step.

15.2 Binding Arbitration

If informal resolution does not resolve the dispute within 30 days, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") shall be resolved by binding individual arbitration, and not in court, except as expressly provided in Section 15.3 (Carve-Outs) below.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at www.adr.org or by calling 1-800-778-7879), as modified by these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including any claim that all or any part of these Terms is unenforceable.

15.3 Carve-Outs from Arbitration

The following claims are not subject to arbitration and may be brought in court:

For any in-court action permitted by this Section 15.3, the parties consent to exclusive venue and personal jurisdiction in the state or federal courts located in Pinellas County, Florida.

15.4 Class Action Waiver

You and Netwatt Systems each agree that any Dispute will be resolved only on an individual basis and not as a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court decides that this class action waiver is unenforceable as to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and brought in court, and all other claims will proceed in arbitration.

15.5 Arbitration Fees

The AAA Consumer Arbitration Rules govern payment of all filing, administrative, and arbitrator fees. Where the AAA rules require Netwatt Systems to pay those fees for consumer arbitrations, Netwatt Systems will do so.

15.6 Confidentiality

The parties, their representatives, and the arbitrator shall keep the existence, content, and result of the arbitration confidential, except to the extent disclosure is required by law or is necessary to enforce the arbitration award.

15.7 30-Day Right to Opt Out

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice of your decision to opt out to jfrahm@netwattsystems.com with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms. Your notice must include your full name, the email address associated with your account, your mailing address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, Section 15.2 (Binding Arbitration) will not apply to you, but the rest of these Terms (including Section 15.4, Class Action Waiver, and the venue/governing-law provisions) will continue to apply, and any in-court action between you and Netwatt Systems must be brought exclusively in the state or federal courts located in Pinellas County, Florida.

15.8 Survival

This Section 15 survives termination of these Terms and termination of your use of the Services.

16. Modifications to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email (if you have an account) and update the "Last Updated" date at the top of these Terms. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.

17. Miscellaneous

18. Contact Us

If you have questions about these Terms, contact:

Jeff Frahm

Netwatt Systems, LLC

Jacksonville, Florida

Email: jfrahm@netwattsystems.com

Phone: (417) 844-4472

IMPAQ Holdings, LLC is a Florida limited liability company doing business as Netwatt Systems.