Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your", or "Customer") and PeakShift Inc. ("PeakShift", "we", "us", "our"), a corporation duly incorporated under the laws of the Province of Ontario, Canada. By accessing or using our website at peakshift.ca, our Contractor Pro Engine, our homeowner energy assessment portal, our public Free Energy Report engine (/report), our public and partner APIs, or any associated software and services (collectively, the "Platform"), you agree to be bound by these Terms, our Privacy Policy, and our Security Center standards.

If you do not agree to these Terms, you must immediately discontinue all access to and use of the Platform. If you are entering into these Terms on behalf of a corporation, partnership, HVAC contracting firm, solar installation company, utility, or software platform, you represent and warrant that you have full legal authority to bind that entity to these Terms.

2. Platform Description & Product Suite

PeakShift provides clean-technology software, automated heat pump sizing algorithms, solar feasibility modeling, and certified Green Button® utility data connectivity across the Province of Ontario. The Platform encompasses four primary product lines:

• Contractor Pro Engine (HVAC & Solar B2B SaaS): A comprehensive software suite for licensed HVAC contractors, mechanical estimators, and solar installers. Includes: automated CSA F280-12 empirical heat loss calculations derived from 8,760 hourly interval meter readings; Environment Canada weather station correlations; 100A/200A electrical service panel capacity evaluations; auxiliary heating staging; equipment matching against AHRI performance databases (including cold-climate COP ratings); pre-qualification calculators for the Enbridge Clean Home Heating Initiative (CHHI), Ontario Home Peak Advantage (OHPA), and Canada Greener Homes Affordability Program (CGHAP); customer Magic Link authorization portals; and dynamic 3-page PDF engineering proposal generation.
• Free Public Energy Report Engine & Homeowner Dashboard: A consumer-facing analytical platform allowing Ontario homeowners to input their property address, determine their servicing electricity and gas utility across 17 Ontario Local Distribution Companies (LDCs), connect their smart meter via OAuth 2.0 PKCE, compare Ontario Energy Board (OEB) rate plans (Time-of-Use, Ultra-Low Overnight, Tiered), monitor IESO real-time wholesale price swings, and voluntarily request proposals from certified local contractors.
• Solar & Electrification Proposal Engine: Specialized interval-driven sizing tools for residential solar PV, battery energy storage systems (BESS), net metering offsets, and automated 8,760 hourly CSV export formats compatible with Aurora Solar, OpenSolar, and Helioscope.
• Enterprise Platform REST API & Webhooks: A standardized Green Button ESPI 1.2 compliant developer API (/api-docs) enabling third-party software platforms, OEMs, and utilities to ingest normalized 15-minute interval datasets, automate consent handshakes, and receive real-time webhook event notifications under secure API key authentication.

3. Eligibility & Account Scope

To access and use the Platform, you must satisfy the following criteria:

• Be at least 18 years of age and possess the legal capacity to form a binding contract.
• For Homeowner Features: Hold or be authorized by the named account holder of an active utility service account with one of PeakShift's supported Ontario electricity or natural gas distributors.
• For Contractor & Pro Features: Operate a legally registered business carrying commercial general liability insurance and employing or subcontracting appropriately certified trade professionals (e.g., TSSA-certified gas technicians, 313A refrigeration mechanics, 309A licensed electricians) where required by Ontario law.
• Not have been previously suspended or terminated by PeakShift for violation of these Terms, fraudulent data acquisition, or deceptive commercial practices.

4. Homeowner Accounts & Free Energy Report

4.1 Account Registration & Security

Homeowners may access public energy reports anonymously or create an authenticated account via email/password or Google OAuth. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your login. You agree to notify us immediately at contact@peakshift.ca if you discover unauthorized access.

4.2 Free Public Assessment Engine

PeakShift provides preliminary utility rate benchmarking, TOU vs. ULO cost simulations, and basic carbon reduction metrics free of charge. PeakShift reserves the right to enhance, modify, or retire free assessment tools with reasonable advance notice.

4.3 Voluntary Contractor Connection

When using the Free Energy Report engine (/report), homeowners may voluntarily choose to submit their contact information to request quotes from certified local HVAC or solar contractors. PeakShift facilitates this introduction but is not a contractor, broker, or party to any subsequent installation agreement.

5. Contractor Pro Dashboard — Operational Terms

5.1 Professional Use License

Subject to an active paid subscription or authorized pilot agreement, PeakShift grants your organization a non-exclusive, non-transferable, revocable license to access the Contractor Pro Dashboard, generate client proposals, calculate empirical heat loss loads, evaluate panel capacities, and manage prospect pipelines.

5.2 Confidentiality of Homeowner Meter Data

Energy interval data obtained through PeakShift constitutes sensitive utility consumer information. Contractors strictly agree to:

• Use retrieved customer interval data solely for evaluating, designing, and proposing clean energy systems for that specific property.
• Never sell, aggregate, broker, or transmit customer interval data to third-party marketing agencies or lead-generation brokers.
• Implement strict internal role-based access controls within your organization.
• Promptly purge customer records from your local storage upon written request from the customer or PeakShift.

5.3 Team Seats & Organization Access

Subscription tiers include allocated team member seats (e.g., up to 5 seats on Pro plans; custom allocations on Enterprise). Account credentials may not be shared concurrently across multiple unlicensed individuals outside your authorized organizational domain.

6. Engineering, Sizing & Technical Calculation Disclaimers

6.1 Nature of Empirical Load Modeling

PeakShift's HVAC heat loss and heat gain algorithms utilize weather-correlated linear regression models calibrated against 8,760 hourly interval smart meter records, local Environment Canada meteorological data, and National Building Code of Canada (NBCC) 99% design winter temperatures. While these models offer exceptional empirical fidelity compared to generic rules of thumb, actual thermal dynamics depend on variables that cannot be observed via utility interval data alone, including:

• Building envelope air leakage (ACH50 blower door infiltration rates).
• Ductwork static pressure, duct sizing, register distribution, and airflow delivery (CFM).
• Thermal bridging, uninsulated additions, window U-values, and solar heat gain coefficients.
• Occupancy density, internal heat gains, and supplemental wood or space heater operation.

6.2 Contractor Professional Responsibility

The installing contractor remains solely and exclusively responsible for:

• Conducting on-site physical room-by-room assessments where mandated by local building authorities or municipal permitting offices.
• Verifying electrical service entrance capacity, panel busbar ratings, and branch breaker clearances in compliance with the Ontario Electrical Safety Code (OESC).
• Ensuring compliance with the Technical Standards and Safety Authority (TSSA) regulations for dual-fuel hybrid heating systems and gas venting.
• Procuring all required municipal building, plumbing, and electrical permits prior to installation.

PeakShift Inc. disclaims all liability for equipment over-sizing, under-sizing, comfort imbalances, ductwork noise, electrical service trips, or building code infractions arising from physical installations.

7. Government & Utility Rebates Disclaimer

PeakShift incorporates automated eligibility logic for provincial and federal clean energy grant programs, including the Enbridge Clean Home Heating Initiative (CHHI), Ontario Home Peak Advantage (OHPA), and Canada Greener Homes Affordability Program (CGHAP).

Pre-Qualification Tool Only: PeakShift is an independent software provider and is not an agent of Enbridge Gas Inc., the Independent Electricity System Operator (IESO), Natural Resources Canada (NRCan), or the Government of Ontario. Rebate calculations reflect public program rules at the time of calculation.

Grant approval, incentive availability, eligibility audits, and final fund disbursements remain at the sole discretion of the respective program administrators. PeakShift does not guarantee that any proposed equipment or property will receive rebate funding, nor is PeakShift liable for program budget exhaustion, rule changes, or contractor application rejections.

8. Billing, Subscriptions & Stripe Processing

8.1 Payment Gateway & PCI DSS Compliance

All contractor subscription transactions and paid platform tier billings are processed securely via Stripe, Inc., a certified PCI DSS Level 1 payment provider. PeakShift does not store, capture, or access unencrypted payment card numbers, CVV codes, or full banking details.

8.2 Automated Recurring Billing

Subscriptions are billed in advance on a recurring monthly or annual schedule. By selecting a paid plan, you authorize PeakShift and Stripe to automatically charge your registered payment method on each renewal date until explicitly cancelled.

8.3 Applicable Taxes

All published SaaS pricing is in Canadian Dollars (CAD) and exclusive of applicable sales taxes. In accordance with Canadian tax legislation, Harmonized Sales Tax (13% HST for Ontario businesses) or applicable GST/PST is calculated and itemized automatically via Stripe Tax at checkout.

8.4 Upgrades & Downgrades

Plan upgrades take effect immediately with a prorated charge for the remaining duration of the current billing cycle. Plan downgrades take effect at the conclusion of the active billing period.

8.5 Self-Service Cancellation

Contractors may cancel their subscription at any time with zero penalty through the self-service Stripe Customer Portal accessible in Pro → Settings → Billing. Following cancellation, your access will continue through the end of the paid period, after which your account will revert to standard baseline access.

9. Free Trials & Contractor Pilot Access

9.1 14-Day Pro Trial

New contractor organizations subscribing to the Pro tier receive a complimentary 14-day free trial. A valid credit card is required at checkout to authenticate organizational identity and ensure uninterrupted transition. Your card will not be charged prior to the expiration of the 14-day window.

9.2 Cancellation During Trial

If you cancel your subscription before the 14-day trial concludes, your account will not be charged. Automated trial notifications are sent via email prior to initial billing renewal.

10. Comprehensive Refund Policy

10.1 Monthly Subscriptions — 7-Day Money-Back Guarantee

If you are unsatisfied with your first paid monthly subscription charge, you may request a 100% refund within 7 calendar days of the initial charge date by emailingcontact@peakshift.ca with your organization details. Approved refunds are credited back to your original payment method within 5–10 business days.

10.2 Annual Subscriptions — 30-Day Pro-Rata Refund

For annual commitments, refund requests submitted within 30 calendar days of the billing date will receive a pro-rata refund for the remaining unused whole months of the annual term, less a 10% administrative processing fee. After 30 days, annual subscriptions are non-refundable.

10.3 Failed Data Retrieval Credits

If an automated utility interval data pull fails due to a verified technical defect on PeakShift's infrastructure (excluding utility portal outages or homeowner authorization revocations), PeakShift will credit the data pull quota back to your organization balance.

11. Green Button® & Ontario Utility Integrations

11.1 Supported Ontario Distribution Companies (LDCs)

PeakShift operates as an authorized Green Button Connect My Data (CMD) and Download My Data (DMD) intermediary, connecting with 17 regulated electricity distributors covering over 4.5 million Ontario households (~92% of the provincial grid), as well as natural gas interval streams:

11.2 Regulatory Compliance & Standards

PeakShift processes utility data in strict adherence to Ontario Energy Board (OEB) Regulation O. Reg. 633/21, the North American Energy Standards Board (NAESB) REQ.21 / ESPI 1.2 standard, and Canada's Personal Information Protection and Electronic Documents Act (PIPEDA).

11.3 Third-Party Utility Availability

Interval data delivery is dependent on the technical infrastructure, OAuth servers, and smart meter telemetry of each individual utility. PeakShift does not warrant uninterrupted uptime of utility-side APIs. Live integration statuses are published at peakshift.ca/status.

12. Magic Link Customer Consent Flow

PeakShift's Magic Link mechanism allows contractors to send secure, time-limited data authorization requests to prospective clients.

• Explicit Homeowner Authorization: Data is retrieved only when the homeowner affirmatively authenticates with their utility via OAuth 2.0 PKCE and grants explicit consent.
• Scope Limitation: Retrieved datasets are strictly limited to electrical and gas interval usage, billing summaries, and rate classifications. PeakShift never requests or receives banking credentials or utility portal passwords.
• Revocation: Homeowners may revoke data sharing authorization at any time directly through their utility portal or PeakShift dashboard.

13. Developer API & Webhooks Terms

Access to the PeakShift REST API (/api-docs) is subject to technical usage agreements:

• Credential Security: API keys must be safeguarded within server-side environments and never exposed in client-side source code or public repositories.
• Rate Limiting: Standard API rate limits apply based on subscription tier. Attempts to bypass rate limit throttles or distribute load across unauthorized keys will result in immediate API revocation.
• Webhook Validation: Consumers of PeakShift webhooks must validate HMAC-SHA256 signatures provided in payload headers before triggering downstream actions.
• Prohibition on Resale: API access may not be sublicensed, resold, or utilized to construct a competing Ontario Green Button data intermediary service.

14. Acceptable Use Policy

You agree not to engage in any of the following prohibited activities:

• Accessing utility accounts, meter streams, or personal records without express authorization from the account holder.
• Using the Platform to dispatch unsolicited commercial email (spam) or violating Canada's Anti-Spam Legislation (CASL).
• Attempting to bypass security perimeters, reverse engineer sizing algorithms, or decompile proprietary source code.
• Misrepresenting sizing calculations as official government engineering audits without conducting required physical inspections.
• Scraping, harvesting, or bulk-exporting platform intelligence outside authorized API endpoints.

15. Intellectual Property & Branded Proposals

PeakShift Inc. retains all exclusive right, title, and interest in and to the Platform, including proprietary sizing algorithms, weather-correlation models, UI designs, codebases, and trademarks.

Contractors retain ownership of their proprietary logos, customer CRM lists, and custom pricing configurations. PeakShift grants contractors a perpetual license to use, distribute, and present generated PDF proposals to their end customers.

16. Service Availability & 99.5% Uptime SLA

PeakShift targets a 99.5% monthly uptime SLA for all core Contractor Pro features and Enterprise API endpoints, excluding scheduled maintenance windows announced at least 24 hours in advance on our Status Page.

17. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PEAKSHIFT PLATFORM, SIZING ENGINES, API SERVICES, AND PROPOSALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HEATING OR COOLING PERFORMANCE GUARANTEES, ACCURACY OF METER DATA, OR UNINTERRUPTED ERROR-FREE OPERATION.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE CANADIAN LAW, IN NO EVENT SHALL PEAKSHIFT INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, CONTRACTOR SALES DEALS, DATA, GOODWILL, OR ANTICIPATED UTILITY SAVINGS;
• PHYSICAL EQUIPMENT MALFUNCTIONS, FREEZING PIPES, ELECTRICAL OVERLOADS, OR INSTALLATION ERRORS COMMITTED BY INDEPENDENT CONTRACTORS;
• REJECTION OR DELAY OF GOVERNMENT OR UTILITY REBATE APPLICATIONS.

PEAKSHIFT'S TOTAL CUMULATIVE AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF $100 CAD OR THE TOTAL FEES PAID BY YOU TO PEAKSHIFT IN THE 12 MONTHS PRECEDING THE CLAIM.

19. Indemnification

You agree to defend, indemnify, and hold harmless PeakShift Inc., its officers, directors, and employees from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your violation of these Terms; (b) your physical HVAC, electrical, or solar installation work; (c) your representations made to homeowners; or (d) your unauthorized acquisition or mishandling of customer utility data.

20. Termination & Suspension

PeakShift reserves the right to suspend or terminate account access immediately upon material breach of these Terms, suspected security compromises, fraudulent credential usage, or non-payment. You may terminate your account at any time by cancelling your subscription via the Billing portal and deleting your profile in Settings.

21. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that any legal action or proceeding arising out of these Terms shall be instituted exclusively in the provincial or federal courts located in Toronto, Ontario, Canada.

22. Changes to These Terms

We may revise these Terms periodically. For material modifications affecting paid subscriptions, we will provide at least 14 days' advance notice via email or in-app notification. Continued use of the Platform following the effective date of revised Terms constitutes acceptance.

23. Legal Contact Information

For questions regarding these Terms of Service, subscription agreements, or compliance inquiries: