Terms of Service

These Terms govern your access to and use of the Commonstead platform at app.thecommonstead.com (the "Platform"). By creating an account or using the Platform, you agree to them. If you do not agree, do not create an account.

If you use the Platform on behalf of a company or organization, you confirm you have authority to bind that organization, and "you" means both you and that organization.

1. What the Platform is

The Commonstead operates a multi-tenant software platform for organizations selling energy and water efficiency solutions. Depending on the access your organization grants you, the Platform may provide customer relationship management, proposal creation, order tracking, commission and compensation records, training and certification content, and community features.

The Platform is software. It is not the product being sold to end customers, and it is not an offer of any product, service, financing, or energy supply.

2. Your account

You must be at least 18 years old and provide accurate registration information. You are responsible for your credentials and for everything done through your account. Tell us promptly at the contact below if you believe your account has been accessed without your authorization.

Your access is scoped to the organization you belong to. Access to another organization's data is not a feature of this Platform, and attempting to obtain it is a breach of these Terms.

3. Acceptable use

You agree not to:

• Access, or attempt to access, data belonging to another organization or another user.
• Probe, scan, or test the vulnerability of the Platform, or circumvent any authentication or rate limit.
• Upload malware, or content that is unlawful, infringing, or that you lack the right to share.
• Use the Platform to send unsolicited commercial messages except through features designed for that purpose, and then only in compliance with applicable law.
• Scrape, resell, or systematically extract Platform data, or use it to build a competing product.
• Misrepresent your identity, your organization, or your authority to act.

4. Customer data you enter

You will enter personal information about other people — customers, prospects, and contacts. You are responsible for having a lawful basis to collect and share that information, for honoring any request those people make to you directly, and for not uploading categories of sensitive data the Platform is not built to hold, including payment card numbers, government identification numbers, and health records.

Your organization remains responsible for its own obligations to the people whose data it enters. We process that data to provide the Platform, as described in the Privacy Policy.

5. Sales roles and compensation

If your organization assigns you a sales role, additional terms apply and you will be asked to accept a separate Consultant Agreement before you can use commission-related features. Nothing in these Terms creates an employment relationship, a partnership, a franchise, or a joint venture.

Compensation records shown in the Platform are records, not promises. They reflect what has been entered and calculated; entitlement to any payment is governed by the Consultant Agreement and by your organization's own arrangements, not by what a screen displays.

We make no representation about how much anyone will earn.

6. AI features

Parts of the Platform use artificial intelligence — including drafting assistance, summarization, search over training content, and conversational help. AI output can be wrong, incomplete, or out of date. Review it before relying on it or sending it to a customer. AI output is not legal, tax, financial, or engineering advice.

Where an AI feature can take an action on your behalf, it presents the action for your confirmation first. See the AI Disclosure for what is processed, by whom, and what your choices are.

7. Third-party products and services

Products, financing, installation, and energy supply offered to end customers are provided by third parties under their own contracts, warranties, and licensing. We do not manufacture, install, warrant, or supply them, and we are not a party to those transactions.

The Platform integrates third-party services to function. Those providers are listed in the Privacy Policy.

8. Feedback

If you send us suggestions about the Platform, we may use them without restriction or obligation to you. Do not send us anything you consider confidential.

9. Intellectual property

The Platform, its software, and the Commonstead name and marks are ours or used under license. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Platform while your account is active and in good standing. No other rights are granted.

Content your organization enters remains your organization's. You grant us the rights needed to host, process, transmit, back up, and display it in order to provide the Platform.

Product names belong to their respective manufacturers.

10. Availability and changes

We may modify, suspend, or discontinue parts of the Platform. We aim to give reasonable notice of material changes that reduce functionality, but we do not guarantee uninterrupted availability, and maintenance and outages will happen.

11. Suspension and termination

You may stop using the Platform at any time. We may suspend or terminate access for breach of these Terms, for conduct that creates risk or legal exposure, or if your organization's relationship with us ends.

On termination, your right to use the Platform stops. Data retention after termination is described in the Privacy Policy. Sections that by their nature should survive — intellectual property, disclaimers, limitation of liability, and indemnity — survive.

12. Disclaimer of warranties

To the fullest extent permitted by law, the Platform is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory — including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.

We do not warrant that the Platform will be uninterrupted, secure, or error-free, that defects will be corrected, or that any calculation, estimate, projection, or AI output is accurate or complete.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

13. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, or lost or corrupted data, arising out of or relating to the Platform — regardless of the theory of liability and even if we were advised such damages were possible.

Our total liability for all claims relating to the Platform is limited to the greater of the amounts you paid us for the Platform in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars.

Some jurisdictions do not allow these limitations, so parts of this section may not apply to you. Nothing here limits liability that cannot be limited by law.

14. Indemnity

You will defend, indemnify, and hold us harmless from claims, damages, and reasonable costs arising from your use of the Platform in breach of these Terms, from data you enter that you had no right to enter, or from your violation of law or of a third party's rights. We will notify you of any such claim and may participate in its defense with counsel of our choosing.

15. Electronic communications and records

You consent to receive communications from us electronically — including account, security, transactional, and legal notices — at the email address on your account, and you agree that electronic records and signatures satisfy any legal requirement that a communication be in writing.

Marketing email is separate: every marketing message carries an unsubscribe link and our mailing address, and unsubscribing from marketing does not stop transactional messages you need to operate your account. Keeping your email address current is your responsibility.

16. Copyright complaints

If you believe content on the Platform infringes your copyright, send a notice to the legal contact below including: identification of the work, identification of the material and where it is located, your contact information, a statement of good-faith belief that the use is unauthorized, a statement that your notice is accurate and that you are authorized to act, and your signature. We may remove material and terminate repeat infringers.

17. Disputes

Before filing any formal action, contact us at the legal address below with a written description of the dispute and the relief you want, and give us thirty days to resolve it. Most issues are resolved this way.

This section will be expanded when our counsel finalizes the remaining dispute-resolution terms. Until then, no arbitration requirement and no class-action waiver applies, and nothing in these Terms limits your right to bring a claim in a court of competent jurisdiction or to contact a regulator.

18. Changes to these Terms

We may revise these Terms. When we do, we update the version date, and we will ask you to accept the new version the next time you sign in. For material changes, we will give notice before they take effect. Your accepted version and the date you accepted it are recorded; you can request a copy at any time.

19. General

If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy, the AI Disclosure, and any Consultant Agreement you accept, are the entire agreement between us about the Platform.

20. Who we are and how to reach us

The Platform is operated by the entity named below. Legal notices, copyright complaints, and dispute notices go to the legal contact; privacy requests go to the privacy contact.