EFFECTIVE DATE: October 15, 2024

1. DEFINITIONS

In these Terms and Conditions:

1.1. "Company," "we," "us," or "our" refers to Conserva Care LLC , the technology platform provider that facilitates the Peak Performance Plan.

1.2. "Customer," "you," or "your" refers to the individual or entity that has subscribed to the Peak Performance Plan.

1.3. "Plan" refers to the Peak Performance Plan, a subscription service that connects Customers with Service Providers for solar system maintenance and services.

1.4. "Solar System" refers to the residential solar energy system installed at the Customer's property, including but not limited to panels, inverters, wiring, mounting structures, and related components.

1.5. "Service Credits" refers to the emergency service credits provided under the Plan for use toward repairs not covered by warranty.

1.6. "Term" refers to the subscription period of the Plan, as defined in Section 3.

1.7. "Virtual Technician" refers to the AI-powered diagnostic and support service available to Customers through the Company's platform.

1.8. "Warranty" refers to any manufacturer's or installer's warranty applicable to the Customer's Solar System.

1.9. "Service Provider" refers to any third-party contractor, technician, or company that has been vetted by the Company and performs maintenance, repair, cleaning, or other services for the Customer under the Plan.

2. ELIGIBILITY

2.1. System Requirements: The Plan is available only for residential solar systems that: a. Were installed by licensed professionals in compliance with all applicable codes and regulations; b. Are fully operational at the time of Plan enrollment; c. Are accessible for inspection and maintenance; and d. Are permanently installed at a residential property owned by the Customer.

2.2. Pre-Enrollment Inspection: The Company reserves the right to conduct a pre-enrollment inspection of the Customer's Solar System to verify eligibility. Any pre-existing conditions, defects, or damages identified during this inspection are excluded from coverage under the Plan until remedied at the Customer's expense.

2.3. Geographical Limitations: Services under this Plan are available only within our designated service areas. The Company reserves the right to refuse enrollment if the Customer's property is outside these service areas.

2.4. Right to Refuse: The Company reserves the right to refuse enrollment to any Customer or Solar System at its sole discretion.

3. TERM AND RENEWAL

3.1. Initial Term Commitment: The initial term of the Plan is one (1) year ("Initial Term"), commencing on the date of enrollment. The date of enrollment is determined by the date the first Plan payment is made by the Customer. By accepting these Terms and Conditions, the Customer expressly acknowledges and agrees that they are committing to the full Initial Term of one (1) year regardless of circumstances or satisfaction with services.

3.2. Mandatory Minimum Commitment: By subscribing to the Plan, the Customer irrevocably commits to maintain and pay for the subscription for the entire Initial Term. This commitment is non-negotiable and forms a material part of the agreement between the parties. The Customer expressly waives any right to terminate this agreement during the Initial Term except as specifically permitted within these Terms and Conditions.

3.3. No Trial Period: The Customer acknowledges that the Plan does not include any trial period or "satisfaction guarantee." Enrollment constitutes acceptance of a binding one-year financial commitment.

3.4. Early Termination Consequences: Early termination during the Initial Term will result in: a. Immediate acceleration and billing of all remaining subscription fees for the Initial Term; b. Immediate forfeiture of all unused Service Credits; c. Immediate termination of all scheduled services and benefits; d. Removal of the Customer's system from priority scheduling queues; e. Forfeiture of any promotional rates or discounts, which may result in retroactive billing adjustments; and f. Potential negative impact on the Customer's eligibility for future enrollment.

3.5. Automatic Renewal: After the Initial Term, the Plan will automatically renew for successive one-year terms (each a "Renewal Term") unless the Customer provides written notice of cancellation at least seven (7) calendar days prior to the end of the current term. The Customer expressly acknowledges that: a. It is the Customer's sole responsibility to track renewal dates; b. No exceptions will be made to the seven-day notice requirement; c. Notification must be received by the Company, not merely sent, within the required timeframe; d. Notice provided in any manner other than as specified in Section 3.6 is invalid and will not prevent automatic renewal; e. Automatic renewal constitutes a new binding one-year financial commitment subject to all terms herein; and f. Each Renewal Term is subject to the then-current version of these Terms and Conditions, which may differ from those governing the Initial Term.

3.6. Cancellation Process for Renewal Prevention: To prevent automatic renewal, the Customer must: a. Submit written cancellation notice via email to support@conservanow.com with the subject line "Plan Cancellation - [Customer Name & Address]"; b. Include the Customer's full name, service address, and explicit statement of intent to cancel; c. Receive written confirmation of cancellation from the Company; and d. Retain such confirmation as proof of cancellation.

3.7. Mid-Term Cancelation: If the Customer wishes to cancel during a Renewal Term (after the Initial Term has been completed): a. The Customer must provide written notice as specified in Section 3.7; b. Early termination fees will apply as specified in Section 12.3; c. No prorated refunds will be issued for any portion of the Renewal Term; and d. The effective cancellation date will be the last day of the current Renewal Term regardless of when notice is provided.

3.8. Price Adjustments: The Company reserves the absolute right to adjust the subscription fee upon any renewal. Notice of any price adjustment will be provided at least thirty (30) days prior to the renewal date. The Customer acknowledges that: a. Price increases are not subject to any cap or maximum percentage; b. Continued use of the Plan after notification constitutes acceptance of the new price; c. Price adjustments are not grounds for mid-term cancellation without penalty; and d. Historical pricing creates no entitlement to similar future pricing.

3.9. Plan Modifications: The Company reserves the right to modify any aspect of the Plan upon renewal, including: a. Services included; b. Service frequencies; c. Credit amounts; d. Discount percentages; e. Response times; or f. Any other Plan features. The Customer's sole remedy if unwilling to accept such modifications is to cancel the Plan prior to renewal in accordance with Section 3.6.

3.10. Survival of Obligations: The Customer's payment obligations for the full term survive: a. Solar system removal or replacement; b. Property sale or transfer; c. Bankruptcy filing (subject to applicable law); d. Natural disasters affecting the property; e. Changes in the Customer's financial situation; or f. Any other change in circumstances not expressly identified as permitting early termination without penalty.

3.11. Term Verification: Upon request, the Company will provide the Customer with the current term's start and end dates.

4. PAYMENT TERMS

4.1. Subscription Fee: The Customer agrees to pay the monthly subscription fee as specified at the time of enrollment for the duration of the Term. This payment obligation constitutes a binding financial commitment for the entire Term regardless of the Customer's use of services or benefits under the Plan.

4.2. Payment Method: Payment must be made by automatic recurring payment using a valid credit card, debit card, or other approved payment method. The Customer authorizes the Company to charge their payment method for all amounts due under the Plan without requiring additional consent for each charge.

4.3. Billing Cycle: The Customer will be billed on the same date each month. If this date does not exist in a particular month, billing will occur on the last day of that month.

4.4. Failed Payments: If any payment fails to process: 

a. The Company will attempt to collect payment again within five (5) business days; b. The Customer will be notified of the failed payment via email to the address on file; c. The Customer is responsible for ensuring that payment information is current and valid; d. The Customer must remedy the failed payment within five (5) calendar days of the initial failure; e. If payment is not successfully processed within five (5) calendar days of the initial failure, all services and benefits under the Plan will be automatically suspended without further notice; f. Suspension of services and benefits does not relieve the Customer of the obligation to pay the subscription fee for the suspended period or any other amounts owed under the Plan; g. Suspension does not extend the Term of the Plan or entitle the Customer to any refund, credit, or compensation for the suspension period; h. The Customer's payment obligation and minimum term commitment remain in full force and effect during any suspension period; i. Persistent payment failures (three or more in any six-month period) may result in immediate termination of the Plan at the Company's discretion, with acceleration of all remaining fees due for the current Term; and j. The Company reserves the right to require alternative payment methods for Customers with a history of payment failures.

4.5. Service Reinstatement After Suspension: a. To reinstate suspended services, the Customer must: i. Make full payment of all past due amounts; ii. Pay a reinstatement fee of $25; and iii. Provide updated payment information if requested by the Company. b. Reinstatement of services may take up to three (3) business days after payment is processed; c. The Company makes no guarantee of immediate service availability upon reinstatement, and service appointments will be scheduled based on current availability; d. Suspension periods do not pause or extend any service schedules, and the Customer may permanently lose scheduled maintenance services that would have occurred during the suspension period.

4.6. Late Payments: Late payments may result in: a. A late fee of $25 or 5% of the outstanding amount, whichever is greater, assessed for each billing cycle in which payment remains past due; b. Compound interest on unpaid amounts at 1.5% per month (18% per annum) or the maximum permitted by law, whichever is less; c. Suspension or termination of the Plan as described in Section 4.4; d. Reporting of delinquent amounts to credit reporting agencies; and e. Referral to collections agencies, with the Customer responsible for all collection costs and reasonable attorney's fees incurred in collecting past due amounts.

4.7. Payment Disputes: If the Customer disputes any charge: a. The dispute must be submitted in writing to support@conservanow.com within fifteen (15) days of the charge; b. The dispute must include the Customer's name, address, the date and amount of the disputed charge, and a detailed explanation of the basis for the dispute; c. The Customer must still pay all undisputed amounts when due; d. The Company will respond to the dispute within thirty (30) days; e. If the Company determines the charge was incorrect, a credit will be applied to the Customer's account; and f. If the Company determines the charge was correct, the Customer must pay the disputed amount immediately.

4.8. No Setoff or Withholding: The Customer may not withhold any payments or portions of payments due to alleged deficiencies in service, disputes, or any other claim against the Company or Service Providers. All amounts due must be paid regardless of any dispute or claim.

4.9. Taxes: All applicable taxes will be added to the subscription fee and are the responsibility of the Customer. These may include, but are not limited to, sales tax, use tax, value-added tax, and any other applicable taxes required by law to be collected by the Company.

4.10. Price Changes: The Company reserves the right to change the subscription fee at any time upon renewal of the Plan. The Customer will be notified of any price changes at least thirty (30) days prior to the effective date of the change. Continued use of the Plan after the effective date of a price change constitutes acceptance of the new price.

5. EMERGENCY SERVICE CREDITS

5.1. Annual Allocation: The Customer is entitled to $2,500 in emergency service credits during each 12-month term of the Plan. These credits are available solely for the purpose of offsetting costs of emergency services as defined herein.

5.2. Credit Availability: a. Credits become available in full on the first day of each term; b. Credits do not accrue or accumulate over time throughout the year; c. Credits are non-transferable between Plan years and will expire at the end of each 12-month term without exception; d. Any unused portion of the annual credit allocation will be forfeited upon renewal without any form of compensation or rollover; e. Early termination of the Plan for any reason will result in immediate forfeiture of any unused credits.

5.3. Billing Rate and Usage: a. Credits applied toward labor costs will be calculated at a fixed rate of $350 per hour, billed in 15-minute increments, regardless of the day, time, or Service Provider's standard rates; b. A minimum of one hour of labor will be deducted from available credits for any on-site service visit, even if the actual time spent is less; c. Travel time to and from the Customer's property may be billed against credits at a reduced rate of $175 per hour at the Company's discretion; d. For parts and materials, credits will be applied at the Company's predetermined values, which may differ from retail or market prices; e. The Company maintains sole discretion in determining the credit value of any parts, materials, or specialized services; f. Emergency service visits may require a $75 service call fee that will be deducted from available credits or billed directly to the Customer at the Company's discretion.

5.4. Eligible Uses: Service Credits may be applied toward emergency repair services performed by Service Providers that are not covered under the Solar System's Warranty, including: a. Inverter failures; b. Electrical component failures; c. Structural damage to mounting systems; d. Panel replacement due to physical damage; and e. Other emergency repairs as determined by the Company.

5.5. Exclusions: Service Credits cannot be applied toward: a. Pre-existing conditions identified during pre-enrollment inspection or conditions that existed prior to the effective date of the Plan; b. Damages resulting from Customer negligence, misuse, unauthorized modifications, or failure to perform reasonable homeowner maintenance; c. Damages caused by acts of nature, including but not limited to floods, lightning, earthquakes, hail exceeding the Solar System's rated tolerance, hurricanes, tornados, or wildfires; d. Damages caused by third parties, including but not limited to vandalism, theft, animal damage, or damage from falling objects; e. Cosmetic damages that do not affect system performance or functionality; f. Roof repairs, replacements, or structural issues to the property; g. System upgrades, expansions, or efficiency improvements; h. Regular maintenance services already included in the Plan; i. Remediation of code violations or bringing systems up to current building or electrical codes; j. Issues arising from improper initial installation not performed by Service Providers in the Company's network; k. Battery systems or energy storage components unless specifically included in the enrolled Solar System; l. Internet connectivity issues, home networking problems, or monitoring system failures not directly related to solar energy production; m. Damage from power surges originating from the utility grid; n. Issues determined by the Company to be the responsibility of the utility company; o. Voltage or production issues caused by utility grid fluctuations or outages; or p. Any services deemed by the Company to be non-emergency in nature.

5.6. Emergency Determination: The Company maintains sole and absolute discretion in determining what constitutes an "emergency" eligible for Service Credit application. Generally, an emergency is a sudden, unexpected event that: a. Results in complete system shutdown; b. Creates an imminent safety hazard; c. Causes or threatens to cause significant property damage; or d. Reduces system production by more than 50% and cannot be resolved remotely.

5.7. Authorization Requirement: The Customer must obtain pre-authorization from the Company before any emergency services are performed for which the Customer intends to apply Service Credits. Services obtained without pre-authorization are ineligible for credit application.

5.8. Credit Application Process: a. The Company will coordinate with appropriate Service Providers to perform the necessary repairs; b. Service Credits will be applied to cover the costs charged by the Service Provider up to the available credit amount; c. The Company will handle payment to the Service Provider directly for the credited amount; d. Prior to service, the Customer will be informed of the estimated number of credits required and must provide authorization; e. Final credit application may differ from estimates if the scope of work changes during service delivery; f. The Company maintains detailed records of credit usage and will provide a statement upon request; g. The Customer may be required to sign a service completion form acknowledging the services provided and credits applied.

5.9. Partial Credit Coverage: If the cost of emergency services exceeds the Customer's available credit balance: a. The Customer must approve the additional costs before work proceeds; b. Available credits will be applied first, with the remaining balance billed directly to the Customer; c. The 25% repair discount as outlined in Section 7 will apply to any costs exceeding available credits; d. The Company may, at its sole discretion, offer financing options for uncovered costs.

5.10. No Cash Value or Refunds: Service Credits: a. Have no cash or monetary value; b. Cannot be redeemed for cash or any other form of payment; c. Cannot be applied to monthly subscription fees; d. Cannot be transferred to another Customer, property, or Solar System; e. Cannot be sold, bartered, or exchanged in any way; f. Are not a form of currency, gift card, or stored value; g. Will not be refunded or compensated for in any way upon termination of the Plan; and h. Cannot be applied retroactively to services performed prior to enrollment.

5.11. Credit Balance Disputes: Any disputes regarding credit balances or application must be raised in writing within 15 days of the service date. The Company's determination regarding credit balances and application shall be final and binding.

5.12. Company Discretion: The Company reserves the right to: a. Determine the most appropriate and cost-effective repair approach; b. Select the Service Provider to perform emergency services; c. Schedule emergency services based on Service Provider availability and the severity of the emergency; d. Deny credit application for services deemed unnecessary, excessive, or outside the scope of emergency services; and e. Require photo documentation, virtual inspection, or other verification before authorizing emergency services.

5.13. Depletion of Credits: Once the annual Service Credit allocation is exhausted, the Customer will be responsible for the full cost of any additional emergency services, subject to applicable discounts as outlined in Section 7. The Company has no obligation to provide emergency services once credits are depleted unless the Customer agrees to pay for such services.

6. ZERO-DOWNTIME PROMISE

6.1. Limited Response Time Commitment: For eligible system failures as defined in Section 6.2, the Company will use commercially reasonable efforts to coordinate with Service Providers to dispatch a qualified technician to the Customer's property within 72 hours of confirming the issue, subject to all conditions, limitations, and exclusions contained in these Terms and Conditions, including but not limited to: a. The issue must be reported promptly to the Company via the Virtual Technician or support@conservanow.com; b. The issue must be confirmed by the Company's technical team as requiring in-person service after remote diagnostics and troubleshooting have been attempted; c. The Customer must provide reasonable and safe access to the Solar System at the time of the scheduled service visit; d. The Customer or authorized representative (18 years or older) must be present during the entire service visit unless specifically waived in writing by the Company; and e. There must be no circumstances beyond the Company's reasonable control preventing access or repair.

6.2. Strict Eligibility Criteria: The Zero-Downtime Promise applies exclusively to critical system failures that meet ALL of the following criteria: a. Results in complete cessation of ALL energy production (0% production) or verifiable reduction of more than 50% of the system's expected production based on current conditions; b. Is conclusively verified by the Company's monitoring systems and cannot be based on Customer observations or third-party monitoring; c. Has persisted continuously for at least 24 hours prior to reporting; d. Is not caused by or related to any exclusion listed in Section 6.5; e. Occurs on a system that is current on all payments and not subject to a service suspension; f. Occurs on a system that has received all scheduled maintenance services to date; and g. Is promptly reported during normal business hours (Monday-Friday, 9am-5pm local time, excluding holidays).

6.3. Response Time Calculation and Limitations: The 72-hour response time: a. Begins only after ALL of the following have occurred: i. The Company has completed remote diagnostics; ii. The Company has confirmed the issue meets all eligibility criteria; iii. The Company has explicitly classified the issue as a Zero-Downtime Promise eligible event; and iv. The Company has notified the Customer of this classification. b. Is calculated in business hours only (Monday-Friday, 9am-5pm local time) and explicitly excludes: i. Weekends (Saturday and Sunday); ii. Federal, state, and local holidays; iii. Periods of severe weather or unsafe working conditions; iv. Time required to order, procure, or deliver specialized parts; v. Delays due to force majeure events as described in Section 16; vi. Delays due to limited Service Provider availability in the Customer's geographic area; vii. Periods when the Customer is unreachable or unable to confirm appointment times; and viii. Any other circumstances outside the Company's direct control. c. Refers solely to the dispatch and arrival of a technician and does not guarantee: i. Immediate diagnosis of the issue upon arrival; ii. Same-day resolution of the issue; iii. Availability of necessary repair parts; iv. Complete system restoration within any specific timeframe; or v. Continuous work until resolution if multiple visits or special parts are required.

6.4. Service Provider Coordination: The Company's obligations under this Section are limited to: a. Using commercially reasonable efforts to identify an available Service Provider; b. Facilitating communication between the Customer and Service Provider; c. Sharing relevant diagnostic information with the Service Provider; and d. Following up with the Service Provider regarding service delivery. The Company is not responsible for the Service Provider's schedule constraints, staffing limitations, or service territory restrictions.

6.5. Comprehensive Exclusions: The Zero-Downtime Promise explicitly does not apply to: a. Non-critical performance issues, including but not limited to: i. Reduced efficiency without 50%+ production loss; ii. Intermittent production issues; iii. Monitoring or communication system failures that do not affect production; iv. Cosmetic damage; v. Unusual noises or vibrations; or vi. Warning lights or error codes that don't impact production. b. Issues related to the property rather than the Solar System, including but not limited to: i. Electrical issues within the Customer's home; ii. Utility meter problems; iii. Main electrical panel issues; iv. Internet connectivity problems affecting monitoring; or v. Roof leaks or damage not directly caused by Solar System components. c. Environmental conditions, including but not limited to: i. Snow or ice coverage; ii. Extreme weather events; iii. Flooding; iv. Lightning strikes; v. Hail damage; or vi. Falling debris impact. d. Third-party actions, including but not limited to: i. Vandalism; ii. Theft; iii. Animal damage; iv. Utility grid outages or fluctuations; v. Construction activities; or vi. Unauthorized repairs or modifications. e. Preventative maintenance visits or non-emergency services. f. Issues discovered during routine maintenance that were not previously reported as emergencies. g. Multiple failures reported simultaneously or within 72 hours of each other. h. Recurring issues for which the Customer has declined recommended repairs. i. Any issue on a newly installed system within the first 90 days of operation (covered under separate commissioning guarantees). j. Any issue occurring during a billing dispute, payment delinquency, or account suspension.

6.6. Limited Remedy for Promise Failure: If the Company fails to coordinate a Service Provider visit within the 72-hour response time for eligible issues as defined herein: a. The Customer's sole and exclusive remedy shall be a credit equal to one month's subscription fee; b. This credit will be applied to the next billing cycle and cannot be converted to cash or applied to any other account; c. The maximum number of such credits is strictly limited to two per 12-month term; d. To receive this credit, the Customer must submit a written request within 7 days of the service visit specifically identifying the Zero-Downtime Promise failure; e. Credits are not automatic and must be formally requested by the Customer to be considered; f. The Company reserves the right to verify all aspects of the claim before issuing any credit; and g. The Company's determination regarding qualification for the credit is final and binding.

6.7. Waiver of Promise: The Company reserves the right to waive the Zero-Downtime Promise for specific issues, regions, or time periods at its sole discretion if circumstances make adherence unreasonable, including but not limited to: a. Natural disasters affecting a region; b. Pandemic or public health emergencies; c. Supply chain disruptions affecting parts availability; d. Widespread system failures affecting multiple customers simultaneously; e. Service Provider labor shortages; or f. Any other circumstance that would make compliance with the promise commercially impracticable. Any such waiver will be communicated to affected Customers as soon as reasonably possible.

6.8. No Additional Warranties or Guarantees: The Zero-Downtime Promise: a. Is not a guarantee of uninterrupted system operation; b. Does not constitute a performance warranty of any kind; c. Does not modify or extend any manufacturer warranties; d. Does not guarantee the availability of replacement parts or specific repair timeframes; e. Does not create any obligation beyond the specific terms stated in this Section; and f. Is limited to the response time commitment and remedy expressly described herein.

6.9. Promise Modifications: The Company may modify the terms of the Zero-Downtime Promise at any time upon renewal of the Plan. The Customer's sole remedy if unwilling to accept such modifications is to cancel the Plan prior to renewal in accordance with Section 3.6.

7. DISCOUNTED REPAIRS

7.1. Discount Availability: The Customer is eligible to receive a 25% discount on qualified services and products as specifically defined in this Section, subject to all limitations, exclusions, and conditions contained herein: a. The discount applies solely to the standard retail rates for services performed by Service Providers in the Company's network that are not covered by Warranty or Service Credits; b. The discount applies solely to the standard retail prices for products provided by Service Providers in the Company's network that are not covered by Warranty or Service Credits; c. The discount percentage is calculated from the service or product’s standard retail rates or prices as determined by the Company, not from any special, promotional, or discounted rates; d. The discount is not cumulative or stackable with any other promotions, coupons, discounts, or special offers from either the Company or the Service Provider; and e. The discount is only available to Customers whose accounts are in good standing with no past-due balances.

7.2. Discount Application Methodology: The Company will apply the discount using one or more of the following methods, as determined by the Company in its sole discretion: a. Directly subsidizing a portion of the retail rate; b. Providing the Customer with a credit against future subscription payments; or c. Any combination of the above methods. The specific method used to apply the discount may vary by Service Provider, service type, geographic region, or other factors and may change without notice.

7.3. Qualifying for the Discount: To receive the 25% discount, the Customer must: a. Specifically request the discount at the time the repair or replacement is authorized; b. Exclusively use Service Providers assigned or approved by the Company; c. Schedule all services through the Company's platform and not directly with any Service Provider; d. Authorize services within 14 days of the price quote provided by the Company; and e. Comply with all reasonable recommendations and instructions from the Service Provider.

7.4. Discount Exclusions: The 25% discount explicitly does not apply to: a. Emergency service call fees or after-hours premium charges; b. Expedited parts shipping or handling fees; c. Specialty parts not regularly stocked by Service Providers; d. Custom fabrication or specialty manufacturing; e. Permits, inspections, or governmental fees; f. Services performed by providers outside the Company's network, even if recommended by the Company; g. Service Provider travel time or mileage charges; h. Preventative maintenance services beyond those included in the Plan; i. System upgrades, expansions, or optional enhancements; j. Design modifications or engineering services; k. Extended warranties or service plans offered by manufacturers or Company; l. Roof repairs, replacements, or structural modifications with the exception of simple damaged tile replacements; m. Electrical upgrades or modifications beyond the Solar System; n. Internet connectivity equipment or services; o. Utility connection fees or requirements; p. Cosmetic repairs that do not affect system functionality; q. Pre-existing conditions identified during pre-enrollment inspection; r. Damage resulting from Customer negligence, misuse, or unauthorized modifications; or s. Damage caused by force majeure events.

7.5. Discount Authorization Process: a. When repairs not covered by Warranty or Service Credits are needed, the Company will: i. Coordinate with appropriate Service Providers to assess the issue; ii. Obtain a quote for necessary repairs at standard rates; iii. Calculate the applicable discount amount based on qualifying items; iv. Present the Customer with both the standard price and discounted price; and v. Require explicit Customer authorization before proceeding. b. The Customer acknowledges that: i. Price quotes are estimates only and final charges may vary based on actual conditions encountered during repair; ii. Authorization constitutes agreement to pay the final charges after applicable discounts; and iii. The Company is not responsible for variations between estimated and final prices.

7.6. Discount Verification: Before applying any discount, the Company reserves the right to: a. Verify the Customer's account status and eligibility; b. Confirm the repair is not covered by Warranty or Service Credits; c. Validate that the requested service falls within discount parameters; d. Require documentation or photographs of the issue; and e. Conduct a virtual or in-person inspection to assess the situation.

7.7. No Discount Guarantee: The Company does not guarantee: a. The availability of specific Service Providers or repair parts; b. Uniform discount application across different Service Providers or regions; c. That the final discounted price will be lower than quotes Customer might obtain independently; d. The timeliness of non-emergency repairs; e. The effectiveness or permanence of any repairs; or f. The continued availability of the discount program in its current form.

7.8. Discount Program Modifications: The Company reserves the right to: a. Modify the discount percentage upon renewal of the Plan; b. Adjust the categories of services or parts eligible for discounts; c. Change the method of discount application; d. Implement additional restrictions or requirements for discount eligibility; e. Adjust the annual discount cap; or f. Discontinue the discount program entirely upon renewal. Any such modifications will be communicated to the Customer in writing.

7.9. Manufacturer Warranty Impact: The Customer acknowledges that repairs or parts installed by Service Providers may affect manufacturer warranties on the original Solar System and Solar System components. The Company is not responsible for any impact on existing warranties resulting from repairs performed under this discount program.

7.10. Quotation: The Company will provide a written quotation for any repairs or replacements not covered by Warranty or Service Credits, clearly indicating the applicable discount.

7.11. Authorization: No non-covered repairs or replacements will be performed without the Customer's explicit authorization.

8. VIRTUAL TECHNICIAN SERVICES

8.1. Service Availability: The Virtual Technician service is generally available 24 hours per day, 7 days per week, subject to: a. Scheduled maintenance periods, which may occur without prior notice; b. Unscheduled outages or technical difficulties; c. Third-party service provider disruptions or connectivity issues; d. System upgrades or modifications; e. Cybersecurity events or precautionary security measures; f. Data processing limitations or bandwidth constraints; and g. Force majeure events as described in Section 16. The Company makes no guarantees regarding continuous, uninterrupted access to the Virtual Technician service and expressly disclaims any liability for service unavailability.

8.2. Access Methods and Requirements: The Customer may access the Virtual Technician at www.app.conservanow.com. To utilize the Virtual Technician service, the Customer is solely responsible for maintaining, at their own expense: a. Compatible devices with current operating systems; b. Reliable high-speed internet connection; c. Current version of supported web browsers or mobile applications; d. Functioning monitoring system connected to their Solar System; and e. Valid account credentials and contact information.

8.3. Limited Scope of Services: The Virtual Technician provides, subject to the limitations in Section 8.4: a. Remote diagnostic assessments based solely on available monitoring data; b. Basic troubleshooting guidance for common issues; c. Performance monitoring alerts when data indicates potential issues; d. Scheduling and coordination of in-person service with Service Providers when determined necessary by the Company; and e. General informational assistance regarding system operation. The Virtual Technician service is not a substitute for professional on-site diagnosis and repair services.

8.4. Service Limitations and Exclusions: The Virtual Technician explicitly cannot: a. Resolve issues requiring physical repair, replacement, or hands-on intervention; b. Diagnose issues if: i. The Solar System's monitoring system is offline, malfunctioning, or not transmitting complete data; ii. The issue is intermittent or not detectable through remote monitoring; iii. The issue involves components not connected to monitoring sensors; iv. Environmental conditions interfere with accurate readings; or v. The Customer has modified the system or monitoring setup. c. Override manufacturer safety protocols, warranty restrictions, or system programming; d. Provide advice on matters unrelated to the specific Solar System enrolled in the Plan; e. Offer electrical, structural, or engineering consultations; f. Guarantee resolution of any issue through remote means; g. Provide real-time monitoring or immediate alert response outside of automated systems; h. Resolve utility grid issues or interconnection problems; i. Access systems with cybersecurity blocks, firewalls, or connectivity restrictions; or j. Generate performance projections, financial analyses, or utility savings estimates.

8.5. Service Provider Dispatch Process: When the Virtual Technician determines that in-person service is required, the Company will: a. Classify the issue according to internal severity guidelines at its sole discretion; b. Identify potentially appropriate Service Providers based on: i. Geographic proximity to Customer; ii. Service Provider expertise and qualifications; iii. Current Service Provider availability and workload; iv. Historical performance with similar issues; and v. Other factors determined by the Company. c. Attempt to coordinate scheduling between the Customer and Service Provider within timeframes appropriate to the classified severity of the issue; d. Provide the Service Provider with relevant diagnostic information as determined by the Company; and e. Track the service delivery through completion based on Service Provider reporting. The dispatch process does not guarantee immediate Service Provider availability, specific appointment times, or same-day service.

8.6. Response Time Expectations: Virtual Technician response times vary based on: a. Current system volume and demand; b. The complexity of the Customer's issue; c. Time of day; d. Availability of relevant monitoring data; e. Need for sequential troubleshooting steps; and f. Required involvement of specialized technical personnel. While the Company strives to provide timely assistance, specific response times cannot be guaranteed, and emergency situations requiring immediate attention should be directed to appropriate emergency services.

8.7. User Conduct Requirements: When using the Virtual Technician service, the Customer agrees to: a. Provide accurate, complete information about their Solar System and any issues experienced; b. Follow all reasonable instructions and troubleshooting steps as directed; c. Refrain from abusive, threatening, or inappropriate communications; d. Not attempt to use the service for any fraudulent or unauthorized purpose; e. Respect the intellectual property rights in the service; f. Not reverse engineer or attempt to extract the underlying code or algorithms of the service; g. Limit use to the specific Solar System enrolled in the Plan; and h. Comply with all applicable laws and regulations. Violation of these requirements may result in temporary or permanent restriction of access to the Virtual Technician service.

8.8. Data Collection, Use, and Limitations: The Customer acknowledges that: a. The Virtual Technician collects and analyzes data from the Solar System's monitoring equipment to provide services; b. This data collection is subject to the Company's Privacy Policy; c. Data collection may be limited by connectivity issues, sensor malfunctions, or monitoring system limitations; d. Historical data may not be preserved indefinitely and may be subject to storage limitations; e. Monitoring data may not capture all system conditions or performance factors; f. The Company may use aggregated, anonymized data for service improvements, research, and system optimization; and g. Certain diagnostic capabilities require specialized monitoring equipment that may not be present on all systems.

8.9. Service Modifications and Updates: The Company reserves the right to: a. Modify the features, functionality, or availability of the Virtual Technician service at any time; b. Update software, user interfaces, or communication protocols without notice; c. Add, remove, or change diagnostic capabilities; d. Alter access methods or authentication requirements; e. Change supported devices or technical requirements; or f. Discontinue specific aspects of the service. Continued use of the Virtual Technician after any such changes constitutes acceptance of the modified service.

8.10. AI and Automated Systems: The Customer acknowledges that the Virtual Technician may utilize: a. Artificial intelligence and machine learning technologies; b. Automated diagnostic algorithms; c. Pre-programmed response templates; d. Predictive analytics; and e. Automated decision-making systems. Such technologies have inherent limitations and may not identify all issues or provide optimal recommendations in all circumstances. The Company makes no representations regarding the accuracy or efficacy of these systems and the Customer assumes all risks associated with reliance on automated diagnostic capabilities.

8.11. No Warranty: THE VIRTUAL TECHNICIAN SERVICE IS 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, ACCURACY, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE VIRTUAL TECHNICIAN WILL MEET THE CUSTOMER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY OTHER SYSTEM, OR BE SECURE OR ERROR-FREE.

8.12. Service Suspension: The Company may temporarily or permanently suspend the Customer's access to the Virtual Technician service: a. For scheduled or emergency maintenance; b. If the Customer breaches any provision of these Terms and Conditions; c. If the Customer's account is past due or in default; d. If the Company believes the Customer's use poses a security risk or could harm other users; e. If required by law or legal process; or f. For any other reason at the Company's sole discretion. Service suspension does not entitle the Customer to any refund, credit, or reduction in fees.