Terms of Service

1. Agreement to These Terms

1.1 These Terms of Service ("Terms") govern your access to and use of the online platform available at amicusimpact.com and its related subdomains and applications (the "Platform" or the "Service"), operated by Amicus Impact Cooperative ("Amicus," "we," "us," or "our"). The Platform supports the asset management of residential solar and battery energy storage systems operating under prepaid lease and energy services agreement (“Lease/ESA”) arrangements and associated federal investment tax credit information.

1.2 By accessing or using the Platform, you agree to these Terms. If you are using the Platform on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to both you and that organization.

1.3 If you do not agree to these Terms, do not access or use the Platform.

2. Who May Use the Platform

2.1 The Platform is a secure, login-gated business application intended for named, authorized business users — Amicus administrators and representatives, staff of Amicus co-op member companies, and tax-credit buyers and their advisors. It is not intended for anonymous or general-consumer use.

2.2 You must be at least 18 years old and capable of forming a binding contract to use the Platform.

3. Accounts, Access, and Security

3.1 Account credentials. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Do not share your credentials or let others use your account.

3.2 Authorized use only. You may access only the accounts, records, and data you are authorized to access. Access to residential customer, tax credit, and financial data is restricted to the scope of your role.

3.3 Multi-factor authentication. The Platform uses multi-factor authentication (MFA) to protect accounts. You agree to complete MFA as required, including via the SMS one-time passcode program described in Section 4. If you opt out of SMS authentication, you must use an alternative authentication method we make available in order to continue accessing the Platform.

3.4 Notify us. Notify us immediately at info@amicusimpact.com if you suspect unauthorized use of your account.

4. SMS Text Messaging Program (Authentication Only)

4.1 Program description. If you enable or are required to use MFA, we send one-time passcode (OTP) and account-security text messages to the mobile number associated with your account. These are transactional authentication messages. We do not send marketing or promotional text messages.

4.2 Consent. By providing your mobile number and opting in during enrollment, you consent to receive these authentication text messages from Amicus. SMS consent is obtained as a separate, affirmative action and is not a condition of any purchase.

4.3 Message frequency. Message frequency varies and depends on your account activity.

4.4 Message and data rates. Message and data rates may apply, depending on your mobile carrier and plan.

4.5 Opt-out. You may opt out at any time by replying STOP to any message from us. After you opt out, authentication text messages to that number will stop. Because these messages secure your account, opting out of SMS may require you to set up an alternative authentication method to continue using the Platform.

4.6 Help. Reply HELP for help or contact info@amicusimpact.com.

4.7 Carrier disclaimer. Carriers are not liable for delayed or undelivered messages.

4.8 Privacy of mobile information. Your mobile telephone number and SMS opt-in/consent are handled as described in our Privacy Policy. In particular: no mobile information will be shared with third parties or affiliates for marketing or promotional purposes, and text-messaging originator opt-in data and consent will not be shared with any third parties. Your mobile number is disclosed only to our SMS gateway/messaging provider for the sole purpose of delivering these authentication messages to you. See our Privacy Policy at https://app.amicusimpact.com/privacy, Sections 6 and 7.4, for full details.

5. Acceptable Use

5.1 You agree not to:

• Access data or accounts you are not authorized to access.
• Use the Platform to violate any law, including tax, privacy, or data-protection laws.
• Upload malware, attempt to breach security, or interfere with the Platform's operation.
• Reverse engineer, scrape, or copy the Platform except as permitted by law.
• Misrepresent your identity or authority, or submit false or fraudulent enrollment, tax credit, or financial information.

5.2 You are responsible for the accuracy and lawfulness of the information you submit, including residential customer information, residential solar and battery energy storage system details, and tax credit information, and you represent that you have the authority and any necessary consents to submit it.

6. The Service; Enrollment and Tax Credit Records

6.1 The Platform is a tool for enrolling participants in Lease/ESA arrangements and for managing tax credit information. It does not itself provide legal, tax, accounting, financial, or investment advice, and it does not guarantee eligibility for, the amount of, or the transferability of any tax credit under Internal Revenue Code §6418.

6.2 Determinations of tax credit eligibility, value, and transfer are subject to applicable law and the review of qualified advisors and governmental authorities. You are responsible for obtaining your own professional advice.

7. Intellectual Property

7.1 The Platform, including its software, design, and content (excluding data you or your organization submit), is solely owned by Amicus or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended business purpose, subject to these Terms.

7.2 You retain any rights you hold in the data your organization submits, and you grant us the rights necessary to host, process, and use that data to provide the Service and as described in the Privacy Policy.

8. Third-Party Services

8.1 The Platform may integrate third-party services (for example, cloud hosting, and SMS delivery). We are not responsible for third-party services, and their use may be subject to their own terms.

9. Privacy

9.1 Our collection and use of personal information is described in our Privacy Policy, available at https://app.amicusimpact.com/privacy, which is incorporated into these Terms by reference. You may also contact info@amicusimpact.com to request a copy.

10. Disclaimers

10.1 The Platform is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any tax credit or enrollment outcome will be achieved.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, Amicus and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or relating to your use of the Platform.

12. Indemnification

12.1 Notwithstanding anything in this Agreement to the contrary, you shall indemnify, defend and hold harmless Amicus and its affiliates, and their respective agents, representatives, employees, shareholders, directors, and officers (collectively, the “Amicus Indemnified Parties”), from and against any and all third-party claims, actions, liabilities, damages, losses, penalties, and expenses, including reasonable attorney’s fees, (collectively a “Claim”) arising directly or indirectly from your breach of these Terms, your misuse of the Platform, or your submission of data in violation of law or third-party rights.

13. Suspension and Termination

13.1 We may suspend or terminate your access to the Platform, with or without notice, if you violate these Terms, if required for security or legal reasons, or if your authorization to use the Platform ends.

13.2 Provisions that by their nature should survive termination (including Sections 7, 10, 11, 12, 14, and 15) will survive.

14. Governing Law and Dispute Resolution

14.1 These Terms and the respective rights and obligations of the parties hereunder shall be construed and interpreted as a contract under the laws of the State of Colorado, excluding conflict of laws principles. The parties agree to the jurisdiction of the federal and/or courts of the State of Colorado.

14.2 The parties shall attempt to resolve any dispute or claim in an amicable manner. In the event a party is in breach of any of the provisions of these Terms, the nonbreaching party shall notify the breaching party in writing and the breaching party shall take reasonable measures to remedy such breach within 30 days after receipt of notice. Any dispute or claim not settled mutual agreement, the parties shall be entitled to pursue any remedies available in equity or law.

15. Changes to the Platform and to These Terms

15.1 We may modify the Platform or these Terms at any time. For material changes to these Terms, we will update the "Last Updated" date and provide notice as appropriate. Your continued use after changes take effect constitutes acceptance.

16. General

16.1 Entire agreement. These Terms, together with the Privacy Policy and any applicable signed commercial agreement, are the entire agreement between you and Amicus regarding the Platform.

16.2 Severability. If any provision is held unenforceable, the remaining provisions remain in effect.

16.3 Waiver. Our failure to enforce any provision is not a waiver of it.

16.4 Assignment. You may not assign these Terms without our consent; we may assign them in connection with a business transfer.

16.5 Force majeure. We are not liable for failures or delays caused by events beyond our reasonable control.

16.6 Notices. We may provide notices through the Platform or to the contact information associated with your account.

16.7 Electronic communications and signatures. You consent to receive communications and to transact electronically, and you agree that electronic acceptance and signatures have the same effect as handwritten ones.

17. How to Contact Us

Amicus Impact Cooperative
PO Box 1764, Lyons, Colorado 80540
info@amicusimpact.com