Terms of Service

Agreement to Terms

By accessing or using the FreeStatUpgrade website at https://freestatupgrade.com (the “Site”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you should not use the Site. These Terms constitute a legally binding agreement between you andFreeStatUpgrade.

Description of Services

FreeStatUpgrade provides a service that connects multifamily property owners and managers with utility-funded energy efficiency programs in Oncor and AEP Texas service territories. Our services include:

Verifying property eligibility for utility energy efficiency programs
Preparing and submitting applications to the utility on behalf of property owners
Coordinating the purchase and professional installation of ENERGY STAR certified smart thermostats
Providing informational content about smart thermostat benefits, energy savings, and the utility-funded program

Independence from Utilities

FreeStatUpgrade is not affiliated with, endorsed by, sponsored by, or in any way officially connected to Oncor Electric Delivery Company, AEP Texas, or any utility company, their parent companies, or any of their subsidiaries or affiliates. All references to Oncor, AEP Texas, and related program details are used for informational purposes only.

The Oncor and AEP Texas names, logos, and program names are trademarks of their respective companies. Our use of these names does not imply any affiliation or endorsement.

Program Availability

The availability of free smart thermostat upgrades is dependent on utility energy efficiency programs, which are subject to:

Budget limitations: The program operates on an annual budget approved by the Public Utility Commission of Texas (PUCT). When the budget is exhausted, the program may pause until the next funding cycle.
Eligibility changes: Utilities may modify program eligibility requirements, program details, or approved thermostat models at any time without notice to us or to you.
Program discontinuation: Utilities may discontinue programs at any time. We have no control over utility program decisions.
Application approval: Submitting an application does not guarantee approval. Utilities make all approval decisions independently.

We make reasonable efforts to keep our Site content current and accurate regarding program details. However, official utility program documentation always supersedes any information on our Site.

No Guarantee of Results

While we provide information about potential energy savings, property value impacts, and tenant benefits associated with smart thermostat upgrades, these figures are based on industry research and third-party data sources. Actual results vary based on:

Individual tenant usage patterns and behavior
Property age, insulation quality, and HVAC efficiency
Local climate conditions and seasonal variation
Electricity pricing and rate structures
Whether tenants actively use smart thermostat features

We do not guarantee any specific energy savings, cost reductions, property value increases, or tenant satisfaction outcomes.

User Responsibilities

When using our Site and services, you agree to:

Provide accurate and complete information about your property and contact details
Have the authority to authorize applications and installations on behalf of the property you represent
Not submit false or misleading information to obtain program benefits
Comply with all applicable local, state, and federal laws
Not use the Site for any unlawful purpose or in any way that could damage, disable, or impair the Site

Intellectual Property

All content on this Site — including text, graphics, logos, images, data compilations, and software — is the property ofFreeStatUpgrade or its content licensors and is protected by United States copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.

Limitation of Liability

To the maximum extent permitted by applicable law,FreeStatUpgrade and its officers, directors, employees, agents, and contractors shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or our services
Any loss or damage resulting from utility program decisions, including application denials, program changes, or program discontinuation
Any damages arising from thermostat malfunctions, HVAC system issues, or installation-related problems after the installation warranty period
Any reliance on energy savings estimates, cost projections, or property value claims presented on the Site
Any errors or omissions in Site content, even if we have been advised of the possibility of such damages

Our total aggregate liability to you for any claims arising from the use of our Site or services shall not exceed $100.

Disclaimer of Warranties

The Site and all content, materials, and services provided through the Site are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or timeliness of any content on the Site.

Indemnification

You agree to indemnify, defend, and hold harmlessFreeStatUpgradeand its officers, directors, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Site or our services
Your violation of these Terms
Any false or misleading information you provide to us or to utilities through our services
Your violation of any applicable law or regulation

Third-Party Links

Our Site may contain links to third-party websites or resources, including utility websites and thermostat manufacturer sites. These links are provided for convenience only. We are not responsible for the content, accuracy, or practices of any third-party websites. Inclusion of a link does not imply endorsement.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by updating the “Last updated” date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

Contact Information

If you have questions about these Terms of Service, please contact us at info@freestatupgrade.com.