Terms of Service.
Plainly written.

Section 01

Acceptance of These Terms

These Terms of Service (the "Terms") form a binding agreement between you and Abundance Energy, LLC ("Abundance Energy," "we," "us," or "our") regarding your access to and use of abundanceenergy.com, my.abundanceenergy.com, our enrollment portal, and any other websites, applications, or online services that link to these Terms (collectively, the "Site").

By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Site.

If you are using the Site on behalf of a business, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

Section 02

Who We Are & What's Covered

Abundance Energy, LLC is a Retail Electric Provider licensed by the Public Utility Commission of Texas under PUCT License #10314. We provide retail electricity service to residential and commercial customers in deregulated areas of Texas across all five ERCOT transmission territories.

These Terms apply to your use of the Site itself - including browsing public pages, requesting plan information, signing up for service online, using the customer portal, contacting us through web forms, and interacting with any tools or features we offer through the Site.

These Terms do not govern:

• Your electricity service contract, which is governed by your Terms of Service Agreement, Electricity Facts Label, and Your Rights as a Customer disclosure (see Section 03).
• The practices of your local Transmission and Distribution Service Provider (TDSP), such as Oncor, AEP Texas, CenterPoint Energy, TNMP, or Lubbock Power & Light, which deliver electricity over their regulated infrastructure under their own terms.
• Third-party platforms - such as Smart Meter Texas, payment processors, or social media services - which are governed by their own terms.

Section 03

Your Electricity Service Agreement

If you have enrolled (or do enroll) in electricity service with Abundance Energy, your service is governed by a separate set of contractual documents required by the PUCT for every Retail Electric Provider in Texas:

• The Terms of Service Agreement (TOSA) - the contract between you and Abundance Energy for the supply of retail electricity to your premise.
• The Electricity Facts Label (EFL) - a standardized one-page disclosure stating the price, contract length, renewable content, and other plan-specific facts for your chosen plan.
• The Your Rights as a Customer (YRAC) disclosure - a summary of your rights as a Texas electricity customer under PUCT rules.

These three documents are provided to you when you enroll, are available at any time inside your customer portal, and may be requested in print at no charge. In the event of any conflict between these Terms and your Terms of Service Agreement regarding your electricity service, the Terms of Service Agreement controls.

Download our current electricity-plan Terms of Service (PDF) (Version 3, dated January 31, 2024).

Section 04

Eligibility & Your Account

To use the Site, you must be at least 18 years old and able to form a binding contract under applicable law. To enroll in residential or commercial electricity service, you must also have a service address in a deregulated area of Texas served by Abundance Energy.

Account Information

Some features of the Site - including the customer portal, online enrollment, and bill payment - require you to create an account or provide identifying information. You agree to:

• Provide accurate, current, and complete information when registering and using the Site.
• Maintain the accuracy of your information and update it promptly when it changes (for example, when you move, change phone numbers, or update payment methods).
• Be responsible for any activity that occurs under your account.

One Account Per Customer

Customer portal accounts are issued to a specific customer for a specific service address. You may not transfer your account, sell access to it, or share your credentials with anyone who is not authorized to act on your behalf for the account.

Section 05

Customer Portal Access

The Abundance Energy customer portal at my.abundanceenergy.com lets you view your account, see usage and billing history, make payments, manage AutoPay, update your profile, and contact support.

Keeping Your Account Secure

You are responsible for safeguarding your portal username and password. We recommend using a strong, unique password and not sharing it with anyone. Notify us immediately at support@abundanceenergy.com or by calling our customer service team if you suspect any unauthorized access to your account or any other security concern.

Our Right to Suspend Access

We may suspend, restrict, or terminate access to the customer portal - temporarily or permanently - if we reasonably believe your account has been compromised, if we detect activity that violates these Terms, or if we are required to do so by law or regulatory authority. Where practical, we will give you advance notice; where not practical (for example, an active security incident), we will notify you as soon as reasonably possible.

Suspension of portal access does not, by itself, suspend or terminate your electricity service. Service-related disconnections are governed by your Terms of Service Agreement and PUCT rules.

Section 06

Permitted Use of the Site

Subject to these Terms, Abundance Energy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for the following purposes:

• Reviewing information about our plans, services, and company.
• Enrolling in electricity service.
• Managing your account, viewing your usage, and paying your bills through the customer portal.
• Contacting our customer service team and submitting support requests.
• Reading and sharing publicly posted content on our Newsroom, blog, and similar pages, provided the content is not altered and Abundance Energy is properly credited.

This license does not include the right to copy, redistribute, modify, or create derivative works from any part of the Site for commercial purposes without our prior written permission. All rights not expressly granted are reserved.

Section 07

Prohibited Conduct

You agree that you will not, and will not assist anyone else to:

• Use the Site in violation of any applicable law, regulation, court order, or contract.
• Provide false, misleading, or fraudulent information when enrolling in service or interacting with us.
• Impersonate any person or entity, or misrepresent your affiliation with anyone.
• Attempt to gain unauthorized access to any part of the Site, any account other than your own, or any system or network connected to the Site.
• Use any robot, spider, scraper, crawler, or other automated means to access, monitor, or copy any part of the Site, except for legitimate search-engine indexing in accordance with our robots.txt.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas of the Site, except to the limited extent that applicable law permits.
• Probe, scan, or test the vulnerability of the Site or breach any security or authentication measure.
• Interfere with or disrupt the operation of the Site, the servers or networks used to make it available, or the experience of other users - including by introducing viruses, malware, or excessive traffic.
• Send unsolicited communications, promotions, or advertisements through the Site, or use the Site to send spam.
• Frame, mirror, or scrape any portion of the Site, or otherwise reproduce, distribute, or display Site content on another website or service.
• Use the Site to harass, threaten, defame, or harm any person, or to engage in any activity that is unlawful or fraudulent.
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice on the Site.

We may investigate and take legal action against any suspected violation of this section, including reporting to law-enforcement authorities and cooperating with their investigations.

Section 08

Intellectual Property

The Site and all content, features, and functionality on it - including text, graphics, logos, icons, images, photographs, audio, video, software, and the design and arrangement of all of the foregoing - are owned by Abundance Energy or its licensors and are protected by United States and international copyright, trademark, trade-dress, and other intellectual property laws.

"Abundance Energy," the Abundance Energy logo, and other Abundance Energy product and service names are trademarks of Abundance Energy, LLC. You may not use these marks without our prior written permission. All other trademarks displayed on the Site are the property of their respective owners.

Reporting Copyright Infringement (DMCA)

If you believe that any content on the Site infringes a copyright you own or control, please send a written notice to our designated agent at legal@abundanceenergy.com that includes the elements required by the Digital Millennium Copyright Act, including: identification of the copyrighted work; identification of the allegedly infringing material with enough detail to locate it; your contact information; a statement that you have a good-faith belief that the use is not authorized; a statement made under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner; and your physical or electronic signature.

Section 09

Your Submissions & Feedback

If you submit comments, suggestions, ideas, testimonials, reviews, or other content to us through the Site, by email, in a survey, or otherwise (collectively, "Submissions"), you grant Abundance Energy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the Submission, in whole or in part, in any media now known or later developed, for any lawful purpose, without compensation or attribution.

You represent and warrant that you own or have the necessary rights to your Submissions, that they do not infringe or violate the rights of any third party, and that they do not contain confidential or sensitive personal information of others.

We have no obligation to use, return, or compensate you for any Submission, and we are not required to treat any Submission as confidential.

Section 10

Communications & Electronic Notices

Consent to Electronic Communications

When you provide us with your email address, phone number, or other contact information, you consent to receive electronic communications from us related to your account, your service, and the Site - including service notices, account confirmations, billing statements (if you elect paperless billing), regulatory notifications, and replies to your inquiries. These communications satisfy any legal requirement that they be in writing.

Paperless Billing & E-SIGN Consent

If you enroll in paperless billing or other electronic delivery of account documents, you consent under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) to receive your statements, notices, and disclosures electronically. You may withdraw this consent at any time by contacting our customer service team and requesting paper delivery; doing so may affect features that require electronic delivery, such as same-day digital statement availability.

Text Messaging

If you provide a mobile phone number and consent to receive text messages from us, message and data rates may apply. You can opt out of marketing text messages at any time by replying STOP to any marketing text. Service-related messages - for example, payment confirmations or outage updates affecting your premise - may continue as part of providing service.

Marketing Preferences

You can manage your marketing preferences inside your customer portal or by contacting us. We honor opt-outs across all channels in accordance with applicable law, including the Telephone Consumer Protection Act (TCPA) and the federal CAN-SPAM Act.

Section 11

Third-Party Sites & Services

The Site may contain links to or integrate with third-party websites, services, and resources - for example, the PUCT website, Smart Meter Texas, payment processors, social media platforms, energy efficiency partners, and online review services. These third-party sites and services are not under our control. We provide links and integrations only for your convenience, and their inclusion does not imply endorsement.

Your use of any third-party site or service is subject to that party's terms and privacy practices. We are not responsible for the content, accuracy, security, or availability of any third-party site or service, or for any loss or damage arising from your use of them.

Section 12

Disclaimers

We work to provide a Site that is reliable, accurate, and useful - but no website is perfect, and the law requires us to be clear about what we don't promise.

The Site, including all content, information, materials, products, and services made available through it, is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, Abundance Energy disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.

Without limiting the foregoing, we do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects in the Site will be corrected. Information posted on the Site - including plan descriptions, pricing examples, energy savings illustrations, and educational content - is for general informational purposes and may be updated or changed without notice; the official terms of any plan are stated in the Electricity Facts Label and Terms of Service Agreement for that plan.

Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

Section 13

Limitation of Liability

To the fullest extent permitted by applicable law:

• Abundance Energy and its officers, directors, employees, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of the Site, including damages for lost profits, lost data, loss of goodwill, business interruption, or other intangible losses, even if we have been advised of the possibility of such damages.
• Our total aggregate liability arising out of or related to these Terms or your use of the Site is limited to the greater of (a) one hundred U.S. dollars ($100) or (b) the amount you have paid Abundance Energy for electricity service in the three (3) months immediately preceding the event giving rise to the claim.

The limitations in this section apply regardless of the legal theory on which a claim is based, including contract, tort (including negligence), strict liability, or otherwise. Some jurisdictions do not allow the limitation or exclusion of certain damages, so portions of this section may not apply to you.

This section does not limit any liability that cannot be limited or excluded under applicable law, including the Texas Utilities Code and PUCT rules.

Section 14

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Abundance Energy and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claims, demands, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Site in violation of these Terms or applicable law.
• Your violation of any third party's rights, including intellectual property or privacy rights.
• Any content or information you submit to or through the Site.
• Any unauthorized use of your account that is attributable to your failure to safeguard your credentials.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

Section 15

Dispute Resolution & PUCT Complaints

Talk to Us First

If you have a dispute or concern, we want the chance to make it right. Please contact our customer service team at support@abundanceenergy.com or by phone before pursuing other remedies. Most issues can be resolved quickly when we have a chance to look into them directly.

PUCT Complaint Process

If we are unable to resolve your concern, you have the right to file a complaint with the Public Utility Commission of Texas (PUCT), which regulates Retail Electric Providers and provides an independent customer protection process. The PUCT can be reached at:

• Customer Protection Division, P.O. Box 13326, Austin, TX 78711-3326
• Toll-free: 1-888-782-8477
• Online: puc.texas.gov

Filing a complaint with the PUCT does not waive any of your other rights, and we will not retaliate against any customer for exercising their right to file a complaint.

Informal Resolution

For any dispute that is not resolved through the steps above, both parties agree to attempt good-faith informal resolution by sending a written notice describing the dispute to the other party (to legal@abundanceenergy.com for notices to us) and allowing at least thirty (30) days to resolve the matter before initiating any formal proceeding. This requirement does not apply to claims for injunctive relief or to small-claims actions.

Section 16

Governing Law & Jurisdiction

These Terms and any dispute arising out of or related to these Terms or your use of the Site are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The Texas Utilities Code, PUCT Substantive Rules (Chapter 25), and other applicable Texas regulatory law govern matters of retail electricity service.

Subject to Section 15 above, you and Abundance Energy agree that any judicial proceeding to resolve a dispute arising out of or relating to these Terms or the Site will be brought in the state or federal courts located in Lubbock County, Texas, and you and we each consent to the personal jurisdiction and venue of those courts. Nothing in this section limits your right to file a complaint with the PUCT or to pursue any remedy available to you under Texas regulatory law.

Section 17

Changes, Suspension & Termination

Changes to the Site

We may modify, suspend, or discontinue any part of the Site at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Site, except as required by law.

Changes to These Terms

We may update these Terms from time to time to reflect changes in the Site, our services, the law, or our business practices. When we make changes, we will update the "Last Updated" date at the top of these Terms and post the revised Terms on the Site. If the changes are material, we will provide additional notice - for example, by email or a prominent notice on the Site - at least thirty (30) days before the changes take effect. Your continued use of the Site after the effective date constitutes acceptance of the updated Terms. If you do not agree, please stop using the Site.

Termination

You may stop using the Site at any time. We may suspend or terminate your access to the Site, or to specific features such as the customer portal, if you violate these Terms, if we are required to do so by law or regulatory authority, or to protect the security of the Site or other users. Sections of these Terms that by their nature should survive termination - including Sections 08 (Intellectual Property), 09 (Submissions), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), 16 (Governing Law), and 18 (General Provisions) - will survive any termination.

Termination of your access to the Site does not, by itself, terminate your electricity service. Termination of electricity service is governed by your Terms of Service Agreement and PUCT rules.

Section 18

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Abundance Energy regarding the Site and supersede any prior or contemporaneous agreements, communications, or understandings between us about the Site. Your electricity service contract (Section 03) is a separate agreement governing the supply of electricity.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Abundance Energy.

Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms, including in connection with a merger, acquisition, financing, reorganization, or sale of all or part of our business.

Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms to the extent caused by events beyond our reasonable control, including acts of God, severe weather, natural disasters, grid emergencies, ERCOT-declared events, fires, floods, labor disputes, civil unrest, government actions, internet or telecommunications failures, or pandemics.

No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

Headings

Section headings are for convenience only and have no legal effect.