Dandelion Service Plans Terms & Conditions
Dandelion Energy, Inc. (“Dandelion”) provides certain service plans (“Service Plans that allow our members to receive discounts and prioritization, further described in Exhibit A (“Service Plan Benefits”) on service performed on Dandelion-installed geothermal heat pump systems (“Geothermal Heat Pumps”).
These Terms and Conditions (the “Terms and Conditions”) along with any online ordering document agreed to by you (an “Order”, collectively with the Terms and Conditions, the “Agreement”) govern your membership in our Service Plans. References to ‘you’ in these Terms and Conditions indicate the individual or legal entity, as applicable, identified on the Service Plan Order. By clicking on the “I Accept” button, completing the registration process, you agree to this Agreement between you and Dandelion.
IF YOU SUBSCRIBE TO THE SERVICE PLANS FOR A TERM (THE “INITIAL TERM”), THE AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 2.4 (CANCELLATION) BELOW.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 8 TO RESOLVE ANY DISPUTES WITH DANDELION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.4. The quantity of Service Plans purchased must match the number of Dandelion geothermal heat pumps installed. In the event that the quantity of Service Plans purchased is less than the number of Dandelion geothermal heat pumps installed, the Service Plan(s) will be terminated and the subscription fees will be refunded less the value of any services already provided, which will be determined at Dandelion’s sole reasonable discretion. In the event of Service Plan cancellation, all service fees will be charged at Dandelion’s standard, non-discounted rates.
2. Billing and Cancellation
2.1. Billing Cycle. The subscription fee for the Dandelion Service Plan and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated in your customer portal. The length of your Service Plan subscription will be one (1) year and will renew for additional one (1) year periods unless cancelled pursuant to Section 2.4 (Cancellation) below. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the customer portal website to see your next payment date.
2.2. Payment Methods. To use the Dandelion Service Plan you must provide one or more payment methods (“Payment Methods”). You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your enrollment in the Service Plan until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
2.3 Updating your Payment Methods. You can update your Payment Methods in the customer portal. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
2.4. Cancellation. You can cancel your Dandelion Service Plan membership at any time, and you will continue to have access to the benefits of the Dandelion Service Plan through the end of your billing period. To cancel, email customer support at support@dandelionenergy.com. If you cancel your membership, your account will automatically close at the end of your current billing period.
2.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes. Pricing changes will take effect upon the renewal of the Service Plan. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect. Dandelion may cancel this Agreement at any time for misrepresentation or non-payment by you; for violation of any of the terms and conditions of this Agreement; if required to do so by any regulatory authority; or if Dandelion, for its convenience and in its sole discretion, makes a commercial decision to generally discontinue the Service Plans.
2.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
3. Dandelion Service Plans
4.1. You must be at least 18 years of age to become a member of a Dandelion Service Plan. If your service address is a rental property, you represent that you are authorized to perform the specified services to the covered equipment.
4.2. You agree to use the Dandelion Service Plans, including all benefits and discounts associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service. Except as explicitly authorized by us, you agree not to:
(i) abuse the service by asking for an in-person service visit when the system is performing as expected and no service is required;
(ii) fail to pay for service costs incurred in a timely manner;
(iii) treat service technicians or customer support personnel in a hostile or disrespectful manner;
(iv) block or otherwise prevent access to the home, site, and/or devices that require service;
(v) fail to be at home after requesting service, resulting in the service technician not being able to provide the service requested.
4.3. The quality of the benefits offered may vary from day to day, and may be affected by a variety of factors, such as your location, the number of service technicians available, the season or weather, and the demand for service from other customers at any given time.
4.4 Dandelion has the sole and absolute right to select the service contractor to perform the service and (ii) determine the rates and other pricing terms under which the service contractors will be compensated.
4.5. By using our service, you agree to look solely to the entity that manufactured and/or sold you devices other than the geothermal system and related components you bought from Dandelion for any issues related to those devices and their compatibility with the Dandelion geothermal system. We do not take responsibility or otherwise warrant the performance of non-Dandelion devices and workmanship, including the continued compatibility with our system.
4. Passwords and Account Access. You are responsible for any activity that occurs through the customer portal. By allowing others to access the account, you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the email account that is used to access the customer portal and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, or Dandelion from identity theft or other fraudulent activity.
5. Third Party Service Providers. The Company uses Stripe, Inc. and its affiliates as the third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (a “Payment Processor”). By entering into this Agreement you agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/us/terms) and hereby consent and authorize the Company and Stripe to share any information and payment instructions you provide with one or more Payment Processor(s) to the minimum extent required to complete your transactions.
6. Disclaimers of Warranties and Limitations on Liability
6.1. THE DANDELION SERVICE PLANS AND ANY FEATURES OR BENEFITS ASSOCIATED WITH THE DANDELION SERVICE PLANS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DANDELION DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DANDELION SERVICE PLANS WILL BE UNINTERRUPTED OR ERROR-FREE.
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DANDELION, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3 TO THE FULLEST EXTENT ALLOWED BY LAW, THE LIABILITY OF DANDELION AND AFFILIATES, AND THE SERVICE CONTRACTOR SHALL BE LIMITED TO THE AMOUNT PAID UNDER THE PLAN(S) BY YOU DURING THE PREVIOUS TWELVE MONTHS. DANDELION IS NOT RESPONSIBLE FOR ANY SERVICES PERFORMED BY THE SERVICE CONTRACTOR OUTSIDE OF THE SCOPE OF THE PLAN. DANDELION AND ITS AFFILIATES ARE NOT THE MANUFACTURER OF THE PRODUCTS OR SYSTEMS COVERED UNDER THIS AGREEMENT AND THEREFORE THIS AGREEMENT IS NOT AN EXPRESS OR IMPLIED WARRANTY, GUARANTEE, OR PROMISE RELATING TO THE MATERIALS, WORKMANSHIP OR PERFORMANCE OF THE PRODUCTS OR SYSTEMS COVERED BY THE SERVICE PLAN(S).
6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
7. Arbitration Agreement
7.1. You and Dandelion agree that any dispute, claim or controversy arising out of or relating in any way to the Dandelion service plans, this Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms and Conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Dandelion are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Dandelion service plan membership.
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Dandelion, by certified mail, a written Notice of your claim (“Notice”). The Notice to Dandelion must be addressed to: General Counsel, Dandelion, Inc., 1022 Lower South Street, Peekskill, NY 10566 (“Notice Address”). If Dandelion initiates arbitration, it will send a written Notice to the email address used for your Dandelion service plan account. A Notice, whether sent by you or by Dandelion, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Dandelion and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Dandelion may commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
7.4. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Dandelion and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Dandelion’s last written settlement offer made before an arbitrator was selected (or if Dandelion did not make a settlement offer before an arbitrator was selected), then Dandelion will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
7.6. YOU AND DANDELION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Dandelion agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
8. Miscellaneous
8.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
8.2. Customer Support. To find more information about our service plans and their features, or if you need assistance with your account, please email support@dandelionenergy.com. In the event of any conflict between this Agreement and information provided by Customer Service or other portions of our websites, this Agreement will control.
8.3. Survival. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
8.4. Changes to Terms of Use and Assignment. Dandelion may, from time to time, change these Terms and Conditions. Such revisions shall be effective immediately; provided however, for existing members, material revisions shall, unless otherwise stated, be effective upon the earlier of (1) acceptance of the revised Terms and Conditions by Customer or (2). We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Dandelion service.
8.5. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last Updated: July 26, 2024
Exhibit A: Subscription Service Plan Benefits
| BASIC SERVICE PLAN | GOLD SERVICE PLAN | PLATINUM SERVICE PLAN | PLATINUM PLUS SERVICE PLAN | |
| Maintenance Visits[1] | Half off one maintenance visit, off-peak season | One maintenance visit included | One maintenance visit included | One maintenance visit included |
| Priority | Above non-plan | High | Higher | Highest |
| Business hours trip fee (“Trip Fee”) (vs >$300) | $195 | $95 | No cost | No cost |
| Labor cost for Repairs[2] | Regular price | 10% discount | 20% discount | 50% discount |
| Emergency calls (typically 2x standard Trip Fee) | Charged at non-plan / Regular price | Charged at 50% of non-plan / Regular price | Charged at 50% of non-plan / Regular price | Charged at 50% of non-plan / Regular price |
| Payment frequency | Annual payment | Annual payment | Annual or monthly payments | Annual or monthly payments |
| Pricing | $500 / heat pump / year | $750 / heat pump / year | $1,000 / heat pump / year or $95 / heat pump / month | $1,250 / heat pump / year or $115 / heat pump / month |
[1] Maintenance visit scope defined at https://dandelionenergy.com/service-pricing.
[2] Note: Discounts on labor costs for repairs only apply to labor costs not covered by an active warranty.
