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Terms of Use

Last Updated: March 2026

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE INCENVA WEBSITE (INCENVA.COM), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE. SECTION 13 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. Agreement to Terms

These Terms of Use (“Terms”) govern your access to and use of the website located at incenva.com and any subdomains thereof (the “Website”) operated by Incenva, Inc., a Delaware corporation (“Incenva,” “we,” “our,” or “us”). Commercial use of the Incenva platform is governed by a separate Master Subscription Agreement, not these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will post revised Terms on this page with an updated “Last Updated” date. For material changes, we will provide additional notice. Your continued use of the Website after the effective date constitutes acceptance of the revised Terms.

3. Permitted Use

Subject to your compliance with these Terms, Incenva grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for lawful, personal, and informational purposes only. No commercial exploitation of the Website is permitted without our prior written consent.

4. Prohibited Conduct

You agree not to, directly or indirectly:

  • Violate any applicable federal, state, local, or international law or regulation
  • Attempt to gain unauthorized access to any portion of the Website or any connected systems or networks
  • Interfere with, disable, or circumvent any security feature of the Website
  • Distribute, transmit, or introduce any malicious code, viruses, worms, or other harmful software
  • Use automated tools (bots, crawlers, scrapers, spiders) to extract data from the Website without our prior written permission
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Collect or store Personal Information about other Website users without their consent
  • Use the Website for unsolicited commercial communications (spam)
  • Reverse engineer, decompile, or disassemble any software or technology made available through the Website
  • Use the Website or platform to benchmark competing products without our prior written consent
  • Use artificial intelligence or automated systems to interact with the Website in any manner not explicitly authorized by Incenva

5. Intellectual Property

The Website and all of its content—including text, graphics, logos, images, audio clips, data compilations, and software—are the exclusive property of Incenva or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms grant you no right, title, or interest in the Website or any Incenva intellectual property. You may print or download one copy of a reasonable number of pages for personal, non-commercial use only. “Incenva,” the Incenva logo, and all related product and service names are trademarks of Incenva, Inc. You may not use such marks without our prior written permission.

6. No Professional Advice

Information on the Website is for general informational purposes only and does not constitute professional, financial, legal, or tax advice. Incenva expressly disclaims responsibility for actions taken or not taken based on information obtained from the Website.

7. Third-Party Links and Content

The Website may contain links to third-party websites provided for convenience only. We have no control over those sites and assume no responsibility for their content, privacy policies, or practices. Inclusion of any link does not imply endorsement by Incenva.

8. Incentive Program Disclaimer

The Website may present information regarding incentive programs offered by utilities, government agencies, and other third parties. Incenva does not administer these programs, does not warrant the accuracy or completeness of any program information, and does not make eligibility determinations. Program terms and availability are subject to change at any time by the administering organization.

9. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCENVA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INCENVA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCENVA AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE WEBSITE.

IN ALL CASES, INCENVA’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIABILITY LIMITATIONS; IN THOSE JURISDICTIONS THE ABOVE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless Incenva and its affiliates, licensors, service providers, employees, agents, officers, and directors from and against all claims, damages, judgments, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Website in violation of these Terms; (b) your violation of any applicable law; (c) your infringement of any third-party intellectual property or other right; or (d) your negligent or willful misconduct.

12. Export Controls and Sanctions

The Website and any software or technology available through the Website may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (“EAR”) and the economic sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you are not located in, or a national or resident of, any U.S.-embargoed country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

13. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

(a)  Informal Resolution.  Before initiating any formal legal proceeding, you agree to contact Incenva at legal@incenva.com and attempt to resolve the dispute informally for at least thirty (30) days.

(b)  Binding Arbitration.  If the dispute is not resolved informally, you and Incenva agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Website (a “Dispute”) shall be resolved exclusively by binding individual arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (jamsadr.com). The arbitration will be conducted in English and may be conducted remotely. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

(c)  Class Action Waiver.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY AND ONLY TO THE EXTENT WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

(d)  Exceptions.  Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.

(e)  Opt-Out.  You may opt out of binding arbitration by sending written notice to legal@incenva.com within thirty (30) days of first accepting these Terms.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Subject to the arbitration agreement in Section 13, any legal action shall be instituted exclusively in the federal or state courts located in New Castle County, Delaware. You irrevocably submit to the personal jurisdiction of such courts.

15. DMCA and Copyright Infringement

Incenva respects intellectual property rights. If you believe content on the Website infringes your copyright, please submit a written notice to our designated agent containing: (i) your signature; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and its location; (iv) your contact information; (v) a statement of good faith belief; and (vi) a statement of accuracy under penalty of perjury. Send notices to: legal@incenva.com (subject: “DMCA Notice”).

16. Force Majeure

Incenva shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, pandemic, fire, flood, governmental action, war, terrorism, labor disputes, internet outages, or failures of third-party service providers.

17. General Provisions

(a)  Entire Agreement.  These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Incenva regarding your use of the Website.

(b)  Severability.  If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and remaining provisions will continue in full force.

(c)  No Waiver.  Incenva’s failure to enforce any provision does not constitute a waiver of its right to do so in the future.

(d)  Assignment.  You may not assign your rights or obligations under these Terms. Incenva may freely assign its rights and obligations.

(e)  Contact.  For legal notices: legal@incenva.com