PERCH TERMS OF SERVICE

Last update effective as of December 8th, 2021

Please read the full legal Agreement below.

1. Registration.

   By accessing the Perch website or web application or other portals made available by Perch (including but not limited to desktop, mobile web, phone, text, mail, email and social media sites) and completing the required information, you and Perch (together, the "Parties") agree to be bound by these Terms and the associated Privacy Policy . You further acknowledge that the Privacy Policy is hereby incorporated by reference into this Agreement.

2. Authorization.

   1. By registering, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the account registration form, you are not a person barred from using the Perch website or web application or other portals made available by Perch, and you are responsible for all activities that occur under your account. You may not share your account information or password with anyone, and you agree to notify Perch immediately of any unauthorized use of your password or any other breach of security.

   2. You represent and warrant that you are a residential electricity customer and have the right, authority, and capacity to enter into this Agreement. If you are entering this Agreement on behalf of another person or entity, then you represent and warrant that you have the authority to bind that person or entity to this Agreement. You represent that you are of sufficient legal age in your jurisdiction or residence to enter into this Agreement. You further represent that you have read and understand this Agreement.

   3. You authorize Perch to take actions, consistent with this Agreement, to upload your electricity bills or access other electricity, electricity usage information and personal or account-specific information and, additionally, provide you with information, explanations and marketing-related information about how you can switch your electricity supply to plans identified by Perch that potentially can save you money and provide environmental benefits that you select (the "Basic Service"). You also may enroll in Perch’s premium service (the "Premium Service") via a separate process governed by a separate agreement that will authorize Perch to make changes in your electric supply service and for which Perch will earn shared savings compensation, subject to the agreement governing such Premium Service.

3. Scope of the Parties' Agreement.

   By registering with Perch, you and, where applicable, the Parties, agree as follows:

   1. You authorize Perch to monitor energy markets on your behalf and provide information on potential savings opportunities for switching your supplier to a more competitive plan.

   2. Perch calculates your estimated electricity savings based on your known and future predicted usage, your known and projected current supply rates, and future utility basic/default service rates and/or historical renewable energy rates within your service territory, depending on the product you select. The dollar savings estimates are based on registration information you provided to Perch and other inputs including the current lowest price acceptable supply rate for the product you selected. If you did not provide your monthly supply charge but provided your average monthly electric bill for all services, the estimates assume that you are currently using fixed basic supply service from your electric utility and will deduct from the monthly bill estimates of your non-supply customer charge and delivery services. Delivery charges, usage, utility basic service rate, market supply rates, and associated savings estimates derived from these inputs may vary widely due to seasonal, marketplace, and other factors.

   3. Perch calculates environmental impact estimates based on information from the U.S. Energy Information Administration and the U.S. EPA's Greenhouse Gas Equivalencies Calculator, as well as your inputs during the enrollment process. The estimates are based on matching a portion of your electricity usage or 100% of your electricity usage, depending on the plan you select, with renewable energy certificates, carbon offsets, or other attributes derived from renewable resources and are estimates of your impact above the minimum level required under your state's renewable energy portfolio standard and/or clean peak standard requirements. Perch does not make any commitment as to the particular source of energy utilized to match your usage with the renewable energy credits, carbon offsets or other renewable attributes.

   4. Projected savings and projected environmental impact estimates shown on the Perch website or in emails, mail, text or other communications from Perch are estimates and are not guaranteed to be accurate.

   5. By providing your account number and zip code, you authorize Perch to access your utility account and to retrieve, store and use your utility account credentials. You acknowledge that Perch may need to periodically change or update your utility account information and utility account credentials in order for you to benefit from Perch's Basic Service or, if separately agreed, Perch's Premium Service. You agree to allow Perch to make such changes to your utility account(s) on your behalf and as your agent including, but not limited to, changes to your login information, your email address, and your account security questions. You represent, warrant, acknowledge, and agree that you are solely responsible for the accuracy of your utility account credentials.

   6. If you later choose to enroll in Perch's Premium Service while on an existing 3rd party supplier plan, you may be liable for an early termination fee ("ETF") on your current contract when Perch initiates your first switch. However, under no circumstances will Perch be liable for any ETF you incur as a result of your pre-existing plan. While you are enrolled in Perch's Premium Service, Perch will not knowingly cause you to incur an ETF as a result of actions by Perch without your consent.

   7. Any supply agreement for utility services rendered following your enrollment with Perch's Premium Service shall be between you and the Supplier – Perch is merely facilitating and brokering the transaction between you and the Supplier.

   8. For Perch's Premium Service, Perch is compensated only by its share of savings earned on your account, as described in its separate Agency Authorization and Premium Service Agreement and will not add any spread or hidden charges to rates offered by Suppliers.

   9. Your energy bill consists of two main portions: supply/generation and transmission/distribution. Perch only deals in supply/generation and any estimated or actual savings quoted apply only to supply/generation.

   10. The term of this Agreement shall be indefinite, and terminable by either party at any time for any reason, with the effective date of any termination occurring not earlier than the date your electricity supply account is switched by your electric utility to a supplier not selected by Perch.

   11. This Agreement incorporates all prior understandings and agreements between the Parties. It may not be assigned by you to another individual. Perch may assign this Agreement to the extent permitted by applicable law.

   12. Any notices or communications to you shall be sent to the email or phone/text address registered with your Service account. Any notices or communications to Perch shall be sent via email to sayhello@perchenergy.com.

   13. The Parties may waive any right under the Agreement without invalidating the Agreement or waiving any other rights.

   14. The Agreement shall be subject to state law that governs your residence as registered with Perch without giving effect to principles of conflicts of law.

   15. Perch may show your e-signed copy of this Agreement to utility companies, suppliers, regulators or other authorized parties as required as proof of customer's agreements with Perch, to the extent required.

4. Changes to these Terms.

   We reserve the right, for any reason, to update these Terms as necessary. In the event these Terms are updated, we will indicate the effective date of the changes at the top of these Terms and will send you a notice of same to the email or phone/text address registered with your service account. We encourage you to return to the Terms page on the Perch website often to ensure your knowledge of the current Terms is up to date.

5. Electronic Signatures.

   DO NOT ELECTRONICALLY ACCEPT THIS AGREEMENT IF THERE ARE ANY BLANK SPACES AND UNTIL YOU HAVE READ IT CLOSELY. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. By electronically accepting this Agreement, you (a) acknowledge that you have read this Agreement, (b) agree to all terms and conditions of this Agreement, and (c) to the extent you are not the individual named on the local utility account to which this Agreement is applicable, affirm you are expressly authorized to enter into this Agreement by such named individual.

In Witness Whereof, the Parties, by their respective duly authorized representatives, accept this Agreement that shall become effective as to each Party upon acceptance by Perch following your acceptance.