Terms

These Terms of Service ("Terms") are a binding legal agreement between you and Mann Holdings D, LLC, an Idaho limited liability company doing business as StormControl ("StormControl," "we," "us," or "our"). They govern your access to and use of stormcontrol.app, the StormControl console, the Bot API, our emails and notifications, and every related service (together, the "Service").

You accept these Terms, and our Privacy Policy, when you check the box to accept them, create an account, start a trial, or use the Service, whichever happens first. If you do not agree, do not use the Service. If you use the Service for another person, household, or organization, you confirm that you have authority to bind them, and "you" includes them.

StormControl reads third-party weather forecasts and alerts for the ZIP code you provide and compares them to rules you set. Through the Tesla account you connect, it may send commands that raise or restore vehicle charge limits, stop or start vehicle charging, wake vehicles, and raise or restore a Tesla Powerwall backup reserve. On plans that include it, it may also act on email alerts and utility notices submitted by you or by software you authorize through the Bot API. Features differ by plan and may change.

You understand and agree that:

(a) StormControl is a convenience tool. It is not a safety, emergency, backup-power, life-safety, or medical system. Do not rely on it for any purpose where a missed, late, wrong, or unwanted action could lead to injury, death, property damage, or financial loss.

(b) We do not guarantee any action. We do not guarantee that the Service will take any action, take it at any particular time, take it correctly, finish it, or undo it afterward. We do not guarantee that any vehicle or Powerwall will reach, hold, or return to any state of charge, charge limit, or reserve level, or that charging will be paused, resumed, or left alone.

(c) The Service depends on things we don't control. These include:

• weather forecasts and alerts, which are often wrong, late, incomplete, or unavailable
• Tesla's systems, APIs, sign-in, prices, and policies
• whether a vehicle is online, asleep, plugged in, updated, and has StormControl's virtual key
• your home's electrical system, charger, Powerwall, Gateway, utility, and internet connection
• our hosting, network, and relay providers
• email delivery and payment processing
• any software you connect through the Bot API

Any of these can fail, change, or stop without notice. When they do, the Service may do nothing, or do the wrong thing.

(d) The Service can act when you don't want it to, or not act when you do. For example, a forecast may be wrong or a rule may match unexpectedly. It can also leave a setting changed if it can't reach your vehicle or Powerwall to put it back.

(e) The Service stops acting in some situations. We cap how much we spend on Tesla's paid API for each account each month. The Service stops acting, without further notice, until the condition clears, when:

• that cap is reached
• your trial or subscription ends or a payment fails
• your Tesla connection is interrupted or revoked
• a vehicle lacks StormControl's virtual key
• a vehicle is beyond your plan's vehicle limit

(f) Notifications may be wrong or missing. Emails, banners, alerts, and other notifications may be late, wrong, incomplete, or never delivered.

(g) What you see in the console may be wrong. Information in the console, including sample weather, previews, simulations, and energy or charge figures, may be estimated, out of date, or wrong.

Always watch your vehicles and energy system yourself using Tesla's own apps. Keep your own storm, outage, travel, and evacuation plans. Follow official warnings and instructions from the National Weather Service, your utility, and emergency officials.

You agree that:

(a) You are at least 18 and able to enter a binding contract.

(b) You own, or are authorized to control, each vehicle, Powerwall, Tesla account, home, and property you connect, and you have the consent of anyone else who uses them.

(c) You alone choose, review, and are responsible for your rules, charge limits, reserve levels, outage settings, and bot permissions, and for their results. Those results include:

• battery wear
• electricity, time-of-use, and demand charges
• lost solar export or energy credits
• reduced range
• vehicles that don't charge

(d) You keep your password, sessions, and API keys secure. You are responsible for all activity under your account and your keys, including actions by any bot, AI agent, script, or person using them, whether or not you intended those actions. If a key may be exposed, you will revoke it right away.

(e) You will follow Tesla's terms, your utility's terms, and all applicable laws.

(f) The information you give us, including your email address and ZIP code, is accurate and kept current.

You authorize us to access your Tesla account with the permissions you approve. You authorize us to send commands to your vehicles and energy products for you, as described in section 2 and as directed by your rules, settings, and Bot API requests.

You can withdraw this at any time in your Tesla account or by disconnecting Tesla in StormControl. When you do, settings may stay as they were last changed. We try to restore settings when you disconnect, but we do not guarantee it.

The Bot API lets software you choose act on your account. You are responsible for that software and for everything it does or fails to do, including misreading emails or notices. AI agents behave unpredictably.

We are not responsible for any action taken, or not taken, because of a request made with your API key. Bot requests are limited by plan and by monthly budget caps, and they may be refused.

Tesla, the National Weather Service, Stripe, email providers, and hosting and network providers are independent third parties. We don't control them. We are not responsible for their acts, omissions, availability, data, or changes, and your use of them is governed by their own terms.

StormControl is not affiliated with, endorsed by, or sponsored by Tesla, Inc. or the National Weather Service. Tesla, Powerwall, Model S, Model 3, Model X, Model Y, and Cybertruck are trademarks of Tesla, Inc.

• Spark, $0.99 a month: 1 car · Weather forecast triggers · Charge limits · 2 simulations/month.
• Mega, $1.99 a month: 2 cars · Weather forecast triggers · Charge limits · Weather advisory triggers · Tesla Home and Powerwall control · Outage-based charging rules · 5 simulations/month.
• Giga, $2.99 a month: Up to 4 cars · Weather forecast triggers · Charge limits · Weather advisory triggers · Tesla Home and Powerwall control · Outage-based charging rules · 10 simulations/month · Agent API access*.

* Your bot can send up to 100 commands per month.

(a) Free trial and automatic renewal. Every plan starts with a 7-day free trial. Stripe collects your payment method when you choose a plan. UNLESS YOU CANCEL BEFORE THE TRIAL ENDS, YOUR PLAN AUTOMATICALLY RENEWS EVERY MONTH AT THE THEN-CURRENT PRICE, AND YOU AUTHORIZE US, THROUGH STRIPE, TO CHARGE YOUR PAYMENT METHOD EACH MONTH UNTIL YOU CANCEL.

(b) Cancelling. Cancel at any time in Settings → Manage billing, or by emailing [email protected]. Cancellation takes effect at the end of the current trial or billing period, and the Service stays available until then.

(c) No refunds. ALL FEES ARE NON-REFUNDABLE, EXCEPT WHERE A REFUND IS REQUIRED BY LAW. This includes any period in which the Service was unavailable, did not act, acted incorrectly, or was paused by a spending cap, a missing virtual key, a lapsed Tesla connection, or a plan limit.

(d) Price changes. We may change prices. We'll email you at least 14 days before a new price applies to you. Continuing your plan after that date means you accept the new price.

(e) Payments and taxes. You are responsible for applicable taxes. If a payment fails, we may suspend the Service until it's resolved.

Don't:

• use the Service to access or control vehicles, homes, or accounts you aren't authorized to control
• interfere with, overload, probe, or reverse-engineer the Service or its API
• get around plan limits, budget caps, or security measures
• resell the Service
• use the Service to break any law

We may suspend or terminate accounts that do.

We may change, suspend, or discontinue any part of the Service at any time, with or without notice. We make no commitment to availability or uptime, and we are not liable for changing, suspending, or discontinuing the Service.

We may suspend or terminate your account at any time, including for:

• breaking these Terms
• non-payment
• a security or legal risk
• a legal requirement
• conduct that could harm us, other users, or third parties

You may stop using the Service at any time. To delete your account, email [email protected] from the address on the account.

We own the Service and its software, design, and content. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service under these Terms. If you send us feedback or suggestions, we may use them freely without obligation to you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• ANY FORECAST, ALERT, RULE, OR DATA WILL BE ACCURATE
• ANY COMMAND WILL BE SENT, RECEIVED, OR CARRIED OUT
• ANY SETTING WILL BE RESTORED
• THE SERVICE WILL MEET YOUR NEEDS OR PREVENT ANY LOSS

NO ADVICE OR INFORMATION, WRITTEN OR ORAL, CREATES ANY WARRANTY OR GUARANTEE. THIS INCLUDES OUR WEBSITE, MARKETING, FAQS, EMAILS, AND ANY DESCRIPTION OF WHAT THE SERVICE "WILL" OR "CAN" DO.

YOU USE THE SERVICE AT YOUR OWN RISK. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING FROM IT, INCLUDING THE RISKS OF ACTIONS IT TAKES, ACTIONS IT FAILS TO TAKE, AND ACTIONS TAKEN AT THE WRONG TIME. THESE RISKS INCLUDE:

• VEHICLES OR POWERWALLS NOT BEING CHARGED ENOUGH
• LOSS OF POWER
• BEING UNABLE TO TRAVEL OR EVACUATE
• BATTERY DEGRADATION
• HIGHER ENERGY COSTS
• PROPERTY DAMAGE
• LOSS OF DATA

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) IN NO EVENT WILL MANN HOLDINGS D, LLC, STORMCONTROL, OR ANY OF THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS (THE "STORMCONTROL PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THEY WILL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, DATA, USE, GOODWILL, OR ENERGY, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES.

(b) WITHOUT LIMITING (a), THE STORMCONTROL PARTIES WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, COST, OR CLAIM ARISING FROM OR RELATED TO:

(i) THE SERVICE TAKING, NOT TAKING, DELAYING, OR WRONGLY TAKING ANY ACTION, OR NOT RESTORING ANY SETTING;

(ii) ANY VEHICLE, BATTERY, POWERWALL, GATEWAY, CHARGER, OR HOME BEING UNDERCHARGED, OVERCHARGED, DRAINED, DAMAGED, OR UNAVAILABLE;

(iii) POWER OUTAGES, BEING STRANDED, MISSED TRAVEL OR EVACUATION, OR ANY WEATHER EVENT;

(iv) WRONG, LATE, OR MISSING FORECASTS, ALERTS, DATA, OR NOTIFICATIONS;

(v) THIRD-PARTY SERVICES, INCLUDING TESLA, THE NATIONAL WEATHER SERVICE, STRIPE, UTILITIES, AND HOSTING OR NETWORK PROVIDERS;

(vi) ANY BOT, AGENT, OR SOFTWARE ACTING WITH YOUR API KEY;

(vii) UNAUTHORIZED ACCESS TO YOUR ACCOUNT, YOUR TESLA ACCOUNT, OR YOUR DATA;

(viii) ENERGY, UTILITY, OR TESLA CHARGES; OR

(ix) ANY INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF THE SERVICE.

(c) THE STORMCONTROL PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) TEN U.S. DOLLARS (US $10).

(d) THESE LIMITATIONS APPLY TO EVERY THEORY OF LIABILITY, INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, AND STATUTE. THEY APPLY EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US, AND WE WOULD NOT OFFER THE SERVICE AT ITS PRICE WITHOUT THEM.

(e) Some jurisdictions do not allow certain warranties to be excluded or certain damages to be limited. In those jurisdictions, our liability is limited to the fullest extent the law allows. Nothing in these Terms limits any liability that cannot be limited under applicable law.

To the maximum extent permitted by law, you release the StormControl Parties from all claims, known and unknown, arising from:

• weather events
• power, grid, or utility events
• the acts or omissions of Tesla or any other third party
• any disagreement between you and anyone else who uses your vehicles, home, or account

If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law of any other jurisdiction.

You will defend, indemnify, and hold harmless the StormControl Parties from and against all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

• your use of the Service
• your rules, settings, and bot permissions
• any request made with your API key
• your vehicles, energy products, home, or property
• your breach of these Terms
• your violation of any law or third-party right
• any claim by a member of your household or anyone else who uses your vehicles, home, or account

(a) Talk to us first. Before starting any claim, email [email protected] with your name, your account email, and a description of the dispute and the relief you want. We'll try to resolve it informally for 60 days before either of us starts arbitration.

(b) Binding individual arbitration. Except as stated in (c), you and we agree that every dispute, claim, or controversy arising from or relating to these Terms, the Service, or our relationship ("Dispute") will be resolved only by final and binding arbitration on an individual basis. This applies whether the Dispute arises in contract, tort, statute, or otherwise, and whether it arose before or after you accepted these Terms. The Federal Arbitration Act governs this section.

(c) Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may ask a court for an injunction to protect intellectual property or to stop unauthorized access to the Service.

(d) Rules and procedure. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules then in effect, and fees will be paid as those rules provide. The arbitrator may award only individual relief, only to the extent needed for your individual claim, and within the limits of these Terms. Unless the arbitrator decides otherwise, the arbitration will be conducted by video, by phone, or on written submissions. Any in-person hearing will be held in the county where you live, or at another place we both agree on.

(e) Who decides. The arbitrator decides every question about the scope, validity, and enforceability of this arbitration agreement. The only exception is (f): a court decides whether (f) is valid and enforceable.

(f) CLASS-ACTION AND JURY-TRIAL WAIVER. YOU AND WE EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court decides that this waiver can't be enforced for a particular claim, that claim (and only that claim) will be severed and heard in court under section 19. All other claims stay in arbitration.

(g) 30-day opt-out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms. Email [email protected] with the subject "Arbitration Opt-Out", including your name and your account email. Opting out doesn't affect any other part of these Terms.

(h) Changes to this section. If we change this section, you may reject the change by emailing us within 30 days of the change. If you do, the version you last accepted continues to apply.

To the maximum extent permitted by law, any claim arising from or relating to the Service or these Terms must be filed within one (1) year after it arises. After that, it is permanently barred.

These Terms are governed by the laws of the State of Idaho, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs section 17. Any claim not subject to arbitration will be brought only in the state or federal courts located in the State of Idaho, and you and we consent to their personal jurisdiction.

We may change these Terms. We'll post the new Terms here and update the date at the top. For material changes, we'll notify you by email or in the console, and we may ask you to accept the new Terms before you continue using the Service. Using the Service after the new Terms take effect means you accept them. If you don't agree, stop using the Service and cancel your plan.

(a) Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Service. They replace any earlier agreements.

(b) Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed, or removed if it can't be, and the rest stays in effect.

(c) No waiver. If we don't enforce a right, that doesn't waive it.

(d) Assignment. You may not assign these Terms without our written consent. We may assign them, including as part of a merger, acquisition, or sale of assets.

(e) Events beyond our control. We are not liable for any delay or failure caused by events beyond our reasonable control. These include weather, storms, natural disasters, power or grid failures, internet or network outages, failures of Tesla or other third parties, labor disputes, and acts of government.

(f) Relationship. You and we are independent parties. These Terms create no partnership, agency, or employment relationship.

(g) Electronic communications. You agree to receive notices, disclosures, and agreements electronically. These satisfy any requirement that they be in writing. We'll send notices to the email address on your account. Send notices to us at [email protected].

(h) Survival. Sections 3, 4, 6, 7, and 11 through 21 survive the end of your account.

(i) Interpretation. Headings are for convenience only. "Including" means "including without limitation."

Mann Holdings D, LLC (StormControl) · [email protected]