Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Optim Energy ("Company," "we," "our," or "us") governing your access to and use of the optimenergy.ie website (the "Site") and our smart energy solutions and services (collectively, the "Services").

By accessing or using our Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

1. Definitions

• "Services" means all products, services, software, and solutions provided by Optim Energy, including but not limited to solar energy systems, wind energy solutions, battery storage systems, grid optimization services, AI-powered energy monitoring, and related consulting services.
• "User Content" means any data, information, text, images, or other materials you submit, upload, or transmit through the Services.
• "Equipment" means any physical hardware, devices, or systems installed as part of our energy solutions.
• "Account" means your registered user account on our platform, if applicable.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

2.2 Account Creation

To access certain features, you may be required to create an Account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities under your Account

3. Description of Services

Optim Energy provides comprehensive smart energy solutions, including:

3A. Service Interest Registration and Waitlist

3A.1 Service Questionnaire

We offer an online questionnaire to help assess your heat pump service needs. By completing and submitting the questionnaire, you acknowledge that:

• Submission does not constitute a confirmed service booking
• Service availability is subject to our operational capacity
• The information you provide will be used to understand market demand and improve our services
• Questionnaire data is processed in accordance with our Privacy Policy

3A.2 Notification Waitlist

When service appointments are not immediately available in your area, you may optionally provide your contact information to be notified when appointments become available. By joining our notification waitlist:

• You consent to receive communications regarding service availability
• You may be contacted via the method you specify (email or phone)
• Joining the waitlist does not guarantee service availability or pricing
• You may withdraw from the waitlist at any time by contacting us
• Your contact information will be retained until you are contacted about service availability or you request removal, whichever occurs first

3A.3 No Obligation

Completing the questionnaire or joining the waitlist creates no obligation on either party. You are under no obligation to book services when contacted, and we are under no obligation to offer services at any particular time or price.

4. User Responsibilities

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any fraudulent or malicious purpose
• Interfere with or disrupt the Services or servers/networks
• Attempt to gain unauthorized access to any systems or data
• Transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble any software

5. Intellectual Property Rights

All Intellectual Property in the Services, including website design, content, functionality, software, algorithms, AI models, trademarks, logos, and documentation are owned by Optim Energy or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

6. Warranties and Disclaimers

Equipment Warranties

Equipment is covered by manufacturer warranties (typically 10-25 years for solar panels, 5-10 years for inverters). We warrant workmanship for the period specified in your service agreement.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE 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, AND NON-INFRINGEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPTIM ENERGY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES.

Our total liability arising from or related to these Terms or the Services shall not exceed the amounts paid by you to Optim Energy in the 12 months preceding the claim, or $1,000 USD, whichever is greater.

8. Privacy and Data Protection

Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Market Research: Information collected through our service questionnaire may be used in aggregate form for market research and service planning purposes. Individual responses are not shared with third parties without your explicit consent.

Data Subject Rights: Under applicable data protection laws, including the General Data Protection Regulation (GDPR), you have specific rights regarding your personal data. See our Privacy Policy for full details on how to exercise these rights.

9. Dispute Resolution

Before initiating formal proceedings, you agree to contact us at contact@optimenergy.ie to attempt to resolve any dispute informally. We will attempt to resolve within 30 days.

Any dispute that cannot be resolved informally shall be settled by binding arbitration. You and Optim Energy agree that any proceedings to resolve disputes will be conducted on an individual basis.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting a notice on our Site and updating the "Last Updated" date. Your continued use of the Services after the effective date of changes constitutes your acceptance of the modified Terms.

11. Contact Information

For questions regarding these Terms: