Residential Energy Addendum

Last updated November 6, 2024

The Abode Residential Energy Addendum (the “Energy Addendum”) is incorporated into the Terms of Service (the “Agreement”) between you and Abode. All capitalized terms used and not defined herein shall have the meanings ascribed to them in the Agreement. PLEASE READ THE TERMS OF SERVICE AND ENERGY ADDENDUM CAREFULLY.

  1. PREAMBLE. As part of the Services, Abode may assist you in managing expenses related to homeownership, including without limitation by enrolling you in a retail electric plan with a retail electricity provider (“REP”) for the purpose of lowering your residential energy costs. This Addendum applies to you to the extent that you access the Services for the purpose of lowering your residential electricity costs as described in the Agreement and herein.
  1. CONTACT.

Abode

Broker Registration: BR240218 

Address: 1909 ALEXANDER AVE #1119 AUSTIN,TX 78722

Email and Client Support: contact@ownabode.com

Website: https://www.ownabode.com/

  1. AUTHORIZATION. You authorize Abode to act as your Texas electricity broker and limited agent for the purpose of enrolling you in a retail electric plan with a REP. 
  1. SERVICES. Pursuant to the Agreement and Section 1, Abode may:
  • Assess whether your residential electricity costs may be lowered, including through enrollment in a retail electric plan provided by an REP;
  • Act as your limited agent by submitting your enrollment in the REP’s retail electric plan after you finish completing the required enrollment process; and
  • Monitor your retail electric plan for potential future savings.
  1. ELECTRICITY PLAN INFORMATION. Abode may assess whether your residential electricity costs may be lowered based on your submission of your current electricity bill.  If you do not submit your current electricity bill to Abode, Abode may independently estimate your current electricity costs, or access your electricity bill through a third party on your behalf.
  1. ABODE’S RELATIONSHIP WITH THE REP. Abode may serve as the REP’s billing collection agent, and provide communications and customer service on the REP’s behalf.
  1. REGULATORY. Pursuant to the Agreement, Abode partners with third-party providers, including but not limited to REPs. BY ACCESSING THE SERVICES YOU ACKNOWLEDGE THAT ABODE IS NOT AN REP OR UTILITY AND CONSEQUENTLY WILL NOT DIRECTLY PROVIDE YOU WITH RETAIL ELECTRIC SERVICE THAT YOU RECEIVE FROM YOUR UTILITY. To the extent that any such services are described therein, they shall be provided only by a licensed REP or utility.
  1. COMPENSATION. Abode receives compensation from the REP for Abode’s brokerage services. The REP pays Abode a fixed, or potentially variable commission for your enrollment in the REP’s retail electricity plan. If applicable, the REP may also pay Abode a residual commission tied to your monthly consumption, participation in flexible demand programs, or status of enrollment.
  1.  DATA.  By entering into the Agreement, you agree to be bound by Section 7 of the Agreement and our Privacy Policy, which is incorporated into the Agreement and authorizes Abode to share any information about you, including your (“Proprietary Information”) (as defined in 16 Tex. Admin. Code § 25.486(b)(5)) and other information, with certain other third-parties for marketing and other purposes. Under the Agreement, you further authorize Abode to release your Proprietary Information, including vehicle telematics data, solar inverter and battery data, device/IP data, payment data, consumer verification and creditworthiness data, to the REP and its affiliates. Abode may also share your Proprietary Information with the Public Utility Commission of Texas, any other governmental or quasi-governmental entity, or when required by law. If you wish for Abode not to share your  information to unaffiliated third-parties for marketing purposes, you must send written notice to Abode, informing Abode that it may not share such information with third-parties. Any notice under this section must be sent by mail or email to the relevant physical or email addresses listed in Section 2 of the Energy Agreement.
  1. RECORD RETENTION. Abode will retain your contracts, billing, and complaint information for at least two years. Abode may retain any information provided under the Agreement as reasonably required.
  1. ENERGY DISCLAIMERS. PURSUANT TO THE TERMS OF THE AGREEMENT: 1) ABODE DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL RESULT IN LOWER RESIDENTIAL ENERGY COSTS, INCLUDING ELECTRICITY COSTS, OR OTHER SAVINGS, AND 2) ABODE DOES NOT MAKE ANY GUARANTEES AS TO THE RELIABILITY OF AN REP’S ELECTRICITY PLAN OR THE RELIABILITY OF AN REP OR UTILITY’S ELECTRICITY.
  1.  YOUR REPRESENTATIONS AND WARRANTIES. YOU REPRESENT AND WARRANT THAT YOU ARE A RESIDENTIAL OR SMALL COMMERCIAL CUSTOMER WITHIN THE COMPETITIVE WHOLESALE ELECTRICITY MARKET, OPERATED BY THE ELECTRIC RELIABILITY COUNCIL OF TEXAS (“ERCOT”), AS SUCH TERMS ARE DEFINED IN CHAPTER 25 OF THE SUBSTANTIVE RULES OF THE PUBLIC UTILITY COMMISSION OF TEXAS. THE FULL CONTEXT OF THIS RULE CAN BE FOUND AT HTTPS://WWW.PUC.TEXAS.GOV/AGENCY/RULESNLAWS/SUBRULES/ELECTRIC/ELECTRIC.ASPX.
  1. TERM AND TERMINATION. Notwithstanding Section 14 of the Agreement, the Energy Addendum shall remain in effect so long as you remain enrolled with the applicable REP, unless terminated by the occurrence of one of the following: (a) the REP declines to enroll you in a Texas electric retail plan; (b) you are no longer enrolled in an electric retail plan brokered by Abode; or (c) Abode terminates this Agreement by providing thirty (30) days written notice to both you and the REP.  Pursuant to Section 17 or the Agreement, the Energy Addendum auto-renews annually. For the avoidance of doubt, Abode’s termination of its brokerage services will not affect your status as a recipient of your residential electricity plan provided by the REP, nor will it result in the imposition of any termination fee charged to you. Your agreement with the REP shall be subject to the REP’s terms of service or other such agreements agreed to by you and REP.  Termination of your current electricity plan or future retail electricity plan with your REP may result in termination fees charged to you by the REP or other service provider.
  1. COMPLAINTS AND OTHER INQUIRIES. If you have any questions concerning Abode’s brokerage services or wish to raise a complaint, please contact us at contact@ownabode.com or 1909 Alexander Ave #1119 Austin, TX 78722. You may also submit complaints and inquiries to the Public Utility Commission of Texas: (512) 936-7120 or in Texas (toll-free) 1-888-782-8477, fax (512) 936-7003, email address: customer@puc.texas.gov, Internet website address: www.puc.texas.gov, and Relay Texas (toll-free) 1-800-735-2989.