Terms of service

These terms are a legally binding agreement between you ("you" or "your") and Hexoglyph Holdings, LLC, a limited liability company ("Hexoglyph," "we," "us" or "our"). They govern your use of meterwhale.com, the free sample, the credit packs we sell and the prospect lists we deliver under the MeterWhale name (together, the "Service").

MeterWhale is a brand of Hexoglyph Holdings, LLC, which also runs NumberBroom.

By requesting a free sample, buying a credit pack or using a prospect list, you agree to these terms. If you don't agree, don't use the Service.

1. Definitions

"Prospect" means one active Texas business electric meter of 50 kW or more from ERCOT's public meter file, together with the business we matched to its address and the other details we deliver with it.

"Medium meter" means a meter whose peak demand over the previous 12 months was 50 kW or more but less than 1,000 kW. "Large meter" means one whose peak demand was 1 MW or more. Both classes are defined in 16 TAC §25.43.

"Shared address" means an address where our match found more than one business. A "single-business address" is one where it found only one.

"Prospect List" means a CSV file of Prospects we deliver to you, including a free sample, together with its LICENSES.txt file.

"Credits" means the prepaid balance you buy in a credit pack and spend on Prospects.

"Applicable Law" means all federal, state and local laws and regulations that apply to you, including those on telemarketing, calling, texting, email and privacy.

"Including" means "including without limitation." Headings are for convenience only and do not affect how these terms are read.

2. The Service

MeterWhale sells lists of Texas business electric meters of 50 kW or more to commercial energy brokers. Each Prospect starts with a meter in ERCOT's public meter file, the TDSP ESI ID Extract. We match the meter to the business at its address, check the business's phone with a third-party phone verification provider for whether it is valid and in service, its line type and carrier, and known litigators, and check the phone against the business's own website. We run the phone check for you at the time of sale.

A Prospect does not include the meter's contract end date, its current electricity supplier, or the names of decision-makers at the business. Usage and commission figures in a Prospect List are averages for the meter's size class and our estimates. They are not the meter's own usage, and they are not a promise of what you will earn.

MeterWhale is a data service. We don't call, text or email the businesses in your Prospect Lists. MeterWhale is independent and not affiliated with ERCOT.

3. Free sample

Enter a Texas ZIP code and your work email on meterwhale.com, and we will email you 10 Prospects from that ZIP code as a CSV file, with its LICENSES.txt, within 1 business day. The sample is free. If the ZIP code has fewer than 10 Prospects with a phone, we send all we find and offer to make up the rest from a neighboring ZIP code.

We may decline a sample request, or limit how many samples one person or business receives. A free sample is a Prospect List, and these terms apply to it.

4. Eligibility and authority

You represent and warrant that:

• You are at least 18 years old;
• You have the legal capacity to enter into these terms;
• If you act for a business or other entity, you have authority to bind it; and
• You use the Service for business purposes and in compliance with Applicable Law.

We may refuse service to anyone at our sole discretion.

5. Your responsibilities when you call or text

Prospects describe businesses, not consumers. That does not make every call or text to them lawful. You alone are responsible for:

• How you contact anyone in a Prospect List, by phone, text, email or any other means;
• Complying with the Telephone Consumer Protection Act (TCPA), Texas telemarketing law, federal and state do-not-call rules, and all other Applicable Law when you do; and
• Checking numbers against every do-not-call list that applies to you before you call or text them.

Phone check results, including the known-litigator check, are information. They are not legal advice and not a decision that you may lawfully call or text a number. The litigator check can miss a litigator. Our phone check is not a do-not-call check: it does not check numbers against the National Do Not Call Registry or any state do-not-call list.

Do not rely on a Prospect List alone to decide whether an outreach campaign is lawful.

6. Accuracy

Prospects are built from public records and open data, matched by address. ERCOT makes no warranty as to the accuracy of its meter file, and our other sources can also be wrong or out of date.

A match can be wrong. The business may have moved or closed. At a shared address the business we name is our best guess among the businesses there, and in a multi-tenant building the meter may belong to the building owner or another tenant rather than the business we matched. Phone checks can be inaccurate, and a number can change after we check it.

Check anything important yourself before you act on it.

7. Prices, Credits and payment

Each Prospect costs:

Medium meter, single-business address

$1.50

Medium meter, shared address

$0.75

Large meter

$15.00

You buy Credits in advance, in credit packs, and spend them on Prospects:

Starter

$50, for $50 of Credits

Pro

$250, for $275 of Credits

Territory

$1,000, for $1,200 of Credits

There is no subscription, and nothing renews. You can check out as a guest; you don't need an account. Payments are processed by Stripe, and we never see your card number.

Your Credits are tied to the email address you use at checkout. To spend them, email contactus@meterwhale.com from that address with the ZIP codes, counties or utilities you want. We deliver each Prospect List you buy as a CSV file with its LICENSES.txt within 1 business day of your request.

The Credits in each pack expire 12 months after that pack's purchase date. Expired Credits are not refunded. Credits have no cash value, can be used only on the Service, and may not be transferred or resold. If we end your access for any reason other than your breach of these terms, we will refund your unused Credits.

You agree that:

• Prospects with no phone found are not charged;
• A phone is bad if it is disconnected or reaches a different business from the one listed. If you report a bad phone to contactus@meterwhale.com within 30 days of delivery, we will credit that Prospect's price back to your Credits;
• Except as these terms say, payments are non-refundable unless the law requires otherwise;
• We may change prices by posting the new prices on meterwhale.com. New prices apply to Credits bought after the change. Credits you already hold are spent at the prices in effect when you bought them, for as long as those Credits last; and
• We may suspend or end your access if a payment fails or is reversed.

8. Your license to use Prospect Lists

When you receive a Prospect List, we grant you a limited, revocable, non-exclusive, non-transferable license to use it for your own business. Your employees and the contractors working for your business may use it for that business too.

You may not resell, sublicense or redistribute a Prospect List to third parties without our prior written consent.

Whenever you pass a Prospect List on, keep its LICENSES.txt with it. Parts of every list come from open data under the Community Data License Agreement, Permissive 2.0 and the Apache License 2.0, and both licenses require their text to go with the data.

Nothing in these terms limits what you may do with public-domain data, or with data you get directly from its original source under that source's own license. Each source is listed on Data sources and licenses.

9. Acceptable use

You may not use the Service or a Prospect List to:

• Harass, threaten, deceive, stalk or discriminate against anyone;
• Send spam, or make calls or send texts that break Applicable Law or carrier rules;
• Request free samples under a false identity or someone else's email address, or request them repeatedly to build a list without paying;
• Scrape meterwhale.com, or try to extract or rebuild our matched data beyond what you buy;
• Resell, sublicense or redistribute Prospect Lists except as Section 8 allows; or
• Interfere with the Service, its infrastructure or other users.

We may suspend or end your access for a violation without notice.

10. Service availability

We provide the Service on a commercially reasonable basis. We don't guarantee uninterrupted access or any level of uptime. The Service depends on third parties outside our control, including ERCOT's monthly meter file, our other data sources, our phone verification provider, Stripe and Cloudflare.

11. Intellectual property

Hexoglyph owns the Service, including the MeterWhale name and logo, meterwhale.com, our matching methods and software, and the Prospect Lists we compile. The source data belongs to its owners and stays under its own licenses, which are listed on Data sources and licenses and in every LICENSES.txt.

12. Privacy

Our Privacy policy explains what we collect and why, and is part of these terms. If it conflicts with these terms, these terms control.

13. Disclaimer of warranties

THE SERVICE AND EVERY PROSPECT LIST ARE PROVIDED "AS IS" AND "AS AVAILABLE." HEXOGLYPH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. HEXOGLYPH DOES NOT WARRANT THAT ANY PROSPECT, MATCH, PHONE CHECK, USAGE FIGURE OR COMMISSION ESTIMATE IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEXOGLYPH IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST COMMISSIONS, LOST DATA, REGULATORY FINES, TCPA OR TELEMARKETING LIABILITY, OR DAMAGES ARISING FROM RELIANCE ON A PROSPECT LIST.

HEXOGLYPH'S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS BEFORE THE CLAIM OR (B) $100.

15. Indemnification

You agree to indemnify, defend and hold harmless Hexoglyph Holdings, LLC from all claims, damages, liabilities and expenses, including reasonable attorneys' fees, arising from:

• Your use of the Service or of a Prospect List;
• Your calls, texts, emails or other contact with anyone in a Prospect List, including TCPA, telemarketing and do-not-call claims;
• Your sharing of a Prospect List in breach of these terms; or
• Your violation of Applicable Law or these terms.

16. Termination

We may suspend or end your access to the Service at any time, with or without notice, for any reason, including compliance risk, non-payment or breach of these terms. You may stop using the Service at any time.

If we end your access because you breached these terms, the license in Section 8 ends and you must stop using your Prospect Lists. Otherwise the license in Section 8 continues for the Prospect Lists you received. Sections 13, 14, 15 and 17, and any other section that by its nature should survive, survive.

17. Governing law and disputes

These terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles. Any dispute arising under these terms will be resolved in the state or federal courts of competent jurisdiction located in Utah, and you consent to the personal jurisdiction of those courts.

18. Changes to these terms

We may change these terms at any time by posting the new version on meterwhale.com and changing the date at the top. If you keep using the Service after a change is posted, you accept the changed terms.

19. Severability

If any part of these terms is held unenforceable or invalid, that part will be changed only as much as needed to make it enforceable, and the rest of these terms stays in full force.

20. Entire agreement

These terms, together with the Privacy policy, are the entire agreement between you and Hexoglyph about the Service, and replace all earlier agreements, understandings and representations.

21. Contact

Send questions about these terms to:

Hexoglyph Holdings, LLC
MeterWhale
829 W 25 N, Clearfield, UT 84015
contactus@meterwhale.com