Welcome to the Ecode DART Terms and Conditions of Service. These Terms and Conditions of Service (“Terms”) lay out the rules, policies, etc., that apply to using the Ecode DART, mobile and web applications (“App(s)”), and/or any other services provided by Ecode DART (all of these, including the Apps, are collectively referred to in these Terms as the “Service(s)”).
Services Description & Qualifications: The Services are a technology platform that provides a data aggregation and reporting tool in an online platform for residential energy professionals, HERS Raters, and BPI Certified Individuals, and other users. The Services are accessed through Ecode DART’s proprietary software Apps and hosted on Ecode DART’s or another authorized third party’s servers.
Your Privacy: By agreeing to these Terms you also agree to our Privacy Policy, you can review this here: (https://www.ecodedart.com/privacy). (And https://www.ecodedart.com/delete) The app stores I believe required us to have a page that specifically included the word “delete” in the URL.
Ecode DART can review and monitor any communications, uploads, and data submissions made via the App and through the Services for any reason. Ecode DART is in no way responsible to any user for their management or sharing of personal information in the App or through the Services.
Use of our Services: To use our Services, you must be 18 years or older. See our privacy policy for what to do if you are a parent/guardian who believes their child may have incorrectly communicated information to us.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services, however, you must comply with the following at all times:
Ecode DART reserves the right to terminate your access to the Services at any time, and without prior notice, with or without reason. However, your use of the Services will be suspended indefinitely if you violate any of the above. Termination of access does not limit any Ecode DART rights or remedies in law or in equity.
Signing Up: You will need to create an email account through a third-party service (e.g. Google and/or email account) and create a username and password in order to utilize the Services, regardless of which membership/level you subscribe to. Review our Privacy Policy relating to the information collected and what is done with it before submitting any information to create your login. Please note that the manner in which third-party services use, store and disclose your information is governed solely by the policies of such third parties, and Ecode DART shall have no liability or responsibilities for the privacy practices or other actions of any third-party site or service. Ecode DART is not responsible for the accuracy, advice or statements made available in connection with third-party services and therefore is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party service.
To create an account, you must create a username and password. Your login must contain true, accurate, current, and complete information about yourself. Your username and account must not include any profanities or obscenities, or information that infringes on any intellectual property rights. We see your username, but not your password. You are solely responsible for maintaining your account and password and should keep your password protected and secure.
You are solely responsible for any and all actions that occur under your account and password. This means you are responsible for only using your account for legal, truthful data submission and ensuring your account abides by all of Ecode DART’s Policies and Terms. Ecode DART is not liable or responsible for the accuracy of any data, information, or photos/graphic you upload to the App/Services. You may not transfer your account for use by any third party. You acknowledge that Ecode DART has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Services. Ecode DART acts solely as a facilitator, and you, or any entity you are authorized to represent, do not have an agency, partnership, joint venture, employment, or franchisee relationship with Ecode DART by utilizing our Services.
Modification to Services: Ecode DART reserves the right to withdraw, amend, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. You agree that Ecode DART shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. From time to time, we may restrict access to some or all parts of the Services to users, including registered users.
Payments and Billing: Ecode DART offers free and paid Services. You can learn more about Ecode DART’s various pricing/subscriptions offerings here: https://www.ecodedart.com/pricing. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase. If you are on a group plan, the group owner will be billed for and is responsible for payment of subscription fees.
Subscriptions and Renewals. If you are subscribing to a paid service, your subscription will automatically renew on a monthly basis from the day of your sign-up.
Taxes. Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with Ecode DART, within the Services or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.
Cancellation. You can cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable. Upon cancellation or downgrade, the subscription Services you are signed up for will remain active until the beginning of the next billing period.
Free Trials, Pilots, and Discounts. Ecode DART may offer you a free trial, pilot, or discount to allow you to try our Service. Ecode DART reserves the right to set eligibility requirements and the duration for free trials and pilots. At the end of an applicable free trial or discount period, Ecode DART will charge the relevant subscription fee for the next billing cycle to your chosen payment method, unless you cancel your subscription prior to the end of the trail/discount period.
Changes to Pricing. Ecode DART reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.
Billing Communications. You agree that Ecode DART may contact you at any time by email, push notifications, or other method with information relevant to your subscription, billing, and use of the Service.
Number of Property Accounts: You will be allotted/have access to the specific number of property profiles that you can use for individual property reports which align with your trial/subscription plan. You can see in your profile/account how many properties are available for use. There will be no refund or payment for any unused properties.
Intellectual Property: Intellectual property, including copyrights, patents, trademarks, algorithms, designs, software, elements, and formatting, and other property or proprietary rights (registered and unregistered), located in and on the App or throughout the Services are owned and/or licensed by Ecode DART or otherwise used by Ecode DART as permitted by applicable law. Ecode DART reserves all of its rights to its content including, but not limited to, it’s logo, branding, written content, data formatting, designs, concepts, models, and inclusions. Nothing in these Terms grant you a right or license to use any trademark, design right, content, or copyright owned or controlled by Ecode DART or any other third party except as provided in these Terms.
Your Content: Any data, images, writing, notes or other content you upload in the Services, which includes on the App, (“Your Content”), including your username, is yours and you are solely responsible and liable for it. You warrant and represent to us that you have the rights to enter any of Your Content and that you are not infringing on anyone’s intellectual property or other rights by doing so. Do not enter in data or otherwise use the Services for anything illegal, vulgar, dishonest, fraudulent, defamatory, libelous, or misleading.
Additionally, by posting Your Content you grant Ecode DART a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content and the data. This allows us to provide the Services and to promote Ecode DART, to aggregate the data for any purposes, including for you and other users’ benefit, and/or the Services in general, in any formats and through any channels. You warrant and represent that you will not assert any moral, intellectual property, or rights of publicity against Ecode DART for using Your Content. You recognize we have a legitimate interest in using Your Content and understand that the technical processing and transmission of the Service, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If you believe any other user or third party has infringed on your intellectual property rights to Your Content, send a notice to the email address shown below. Please provide ALL of the following information (as required by 17 U.S.C. §512(c)(3)):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and email address;
This statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the material’s owner, or its agent, or the law.”; and
A statement that the information in the notification is accurate and that the signatory to the notice has the authority to enforce the rights that are the subject of the infringement claim.
Upon receipt of the above information, we will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.
Designated Agent for Notification of Claimed Copyright Infringement: support@ecodedart.com
Compliance: In addition to our Terms and Privacy Policy, and any other current or future applicable policy, all users agree to abide by all applicable laws and regulations pertaining to the use of our Services and the data provided on the App
Indemnification: You agree to indemnify, defend, and hold harmless Ecode DART, its affiliates, subsidiaries, directors, officers and employees (collectively “Indemnified Person(s)“) from and against any and all third party claims, Buyer claims, Seller claims, and any related liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to, or which may arise from, your use of the Services in which Ecode DART has no liability or responsibility as described in these Terms and/or your breach of any these Terms, and/or any business, activity or transactions carried out or performed through the Services.
Liability: ECODE DART’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU USE THESE SERVICES AT YOUR OWN RISK. WE MAKE NO WARRANTY THAT: (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL PRODUCTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. To the extent that a jurisdiction does not allow all of the limitations on implied warranties, the prohibited limitations shall not apply to you, however, the remainder shall be applicable.
FURTHERMORE, ECODE DART AND ITS OWNERS, DIRECTORS, EMPLOYEES, ETC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THESE TERMS. IN NO EVENT SHOULD OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED $150 OR THE AMOUNT OF SERVICE FEE PAID TO US IN ANY 12-MONTH PERIOD, WHICHEVER IS LESSER. If you are in a jurisdiction in which limitations on consequential and other damages are prohibited, the prohibited limitations shall not apply to you, however, the remainder shall be applicable.
Disputes: The formation, construction, and performance of these Terms (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to these Terms must be submitted to confidential binding arbitration in Butler County, Pennsylvania, except that Ecode DART may seek injunctive or other appropriate relief in any state or Federal court in Pennsylvania if you have violated or threatened to violate the intellectual property rights of Ecode DART or a third party. The parties agree that:
the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association (“AAA”);
any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
If any action or claim is filed in contravention of the arbitration rules provided in this section 12, the parties agree to personal jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania and both waive the right to a jury trial. All claims filed or brought contrary to this section 12 are improperly filed, and the non-filing party is entitled to recover all attorneys fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.
ECODE DART AND USERS MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in these Terms or the AAA Rules, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Third-Party Sites, Products and Services; Links: The Services may include links, access to, or third party applications within the Services to other web sites/services/tools (collectively "Linked Sites"), including but not limited third party payment processors as a convenience to users. Ecode DART does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Ecode DART makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ECODE DART WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES IN THE SERVICES.
Miscellaneous:
Termination. As stated above, we can terminate a user’s use of the Services, their account, a posting, or any content at any time.
Entire Agreement. These Terms (along with any other policies related to the Services) is the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of these Terms
Relationship of Parties. These Terms and other policies relating to the Services do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties.
Successors, Assignment, and Delegation. These Terms carry over and continue to the benefit of, and bind, the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under these Terms without written consent from Ecode DART. Any attempt to do so is null and void. If there is an involuntary assignment, then Ecode DART may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under these Terms has actually taken place.
Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published, except as otherwise provided in these Terms. You guarantee that the information provided to us is accurate and hereby waive all rights or objections relating to not having received notices from Ecode DART because of incorrect or incomplete information.
Enforceability and Severability. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
Waivers. Waivers are only effective when in writing. If Ecode DART waives enforcement of any term of this Agreement, later breaches of the same or other terms are not considered waived.
Interpretation Rules. "Or" when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When "includes" or "including" begins a list of items, the list is not exclusive. All headings used in these Terms are for convenience only, and are not to be taken into account when interpreting the meaning of any term of these Terms.
Reservation. Ecode DART reserves all rights not expressly granted in these Terms.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person(s) other than the parties.
Retroactive Application. You agree that your acceptance of this version of these Terms and all other agreements incorporated by reference apply retroactively to your use of the Services prior to the effective date of these Terms.
Last Updated: 9/17/25
Contact information: support@ecodedart.com