Fixed Rate Electric Plans — Terms of Use

Fixed Rate Electric Plans is an electricity-brokerage and comparison service.

We help consumers:

• view qualifying fixed-rate electricity plans available through our marketplace;
• compare plan pricing and characteristics;
• review available plan documents; and
• access enrollment with the applicable retail electric provider (“REP”) through our enrollment platform or other provider-authorized enrollment process.

We currently focus on fixed-rate electricity plans and intentionally exclude certain plan structures from our marketplace, including bill-credit, variable-rate, prepaid, and time-of-use/free-night plans.

The plans available through our Site are not necessarily every electricity plan available in the market.

The broker operating this Site is:

Company

Cutts Technologies LLC

PUCT Broker Registration Number

BR260147

Business Mailing Address

3120 Southwest Freeway, 1st Floor, PMB 2040, Houston, TX 77098

Customer Contact

support@epharbor.com

As of the Effective Date, Cutts Technologies LLC is not affiliated with a retail electric provider.

Fixed Rate Electric Plans does not charge consumers a fee to use this Site. We may receive compensation from participating electricity providers, enrollment platforms, or other industry partners when a customer completes an eligible enrollment through our marketplace.

Plans and rates available through our marketplace may differ from plans or rates available through other channels.

There is no recurring brokerage agreement, membership, or subscription required to use Fixed Rate Electric Plans. You may stop using the Site at any time, and we do not charge a termination fee for use of the Site.

Electricity-plan availability depends on factors that may include your ZIP code, delivery utility or service territory, customer type, enrollment date, provider requirements, and other eligibility criteria.

A plan displayed for a sample city, service territory, or representative ZIP code may not be available at your specific location.

For exact availability, use the ZIP-code shopping flow and confirm all information during the provider's enrollment process.

Plans, prices, fees, incentives, contract terms, and availability may change without notice.

We may display information such as:

• projected first-year cost;
• estimated monthly cost;
• advertised cents per kilowatt-hour;
• contract length;
• renewable content;
• early termination fees; and
• other plan characteristics.

Projected costs are estimates based on the usage level and plan information displayed on the Site. Your actual electricity bill may differ based on your actual usage, applicable delivery charges, taxes, regulatory charges, provider adjustments, and other factors described in the applicable plan documents.

A fixed-rate plan does not mean that your total monthly bill will always be the same.

Before enrolling, you should review the applicable:

• Electricity Facts Label (“EFL”);
• Terms of Service (“TOS”); and
• Your Rights as a Customer (“YRAC”),

along with any other documents provided by the REP.

If information displayed on Fixed Rate Electric Plans conflicts with the REP's current official plan documents or enrollment terms, the REP's applicable documents and enrollment agreement control.

Fixed Rate Electric Plans is an electricity broker. We are not the REP that supplies your electricity and we are not your transmission and distribution utility (“TDU”).

When you choose a plan, enrollment may occur through a third-party enrollment platform or a provider-hosted enrollment process.

Your retail electricity agreement is with the REP you select, not with Fixed Rate Electric Plans.

The REP is responsible for matters governed by your retail electricity agreement, including electricity service, billing, deposits, credit requirements, service start dates, provider-specific cancellation rights, and other terms of electric service.

The TDU remains responsible for delivery infrastructure and functions such as poles, wires, and outage response within its territory.

Fixed Rate Electric Plans will not knowingly switch your REP or cause an REP change without your authorization.

Selecting or viewing a plan on the Site does not by itself authorize an electricity-provider switch. You must complete the applicable enrollment process and provide the authorization required by the REP or enrollment platform.

You do not pay Fixed Rate Electric Plans a separate brokerage or comparison fee.

We may receive a commission from PowerHQ, participating retail electric providers, or other enrollment partners when an eligible enrollment is completed.

Plans and rates available through our marketplace may differ from plans or rates available through other channels.

Because our available inventory depends on participating providers and enrollment relationships, plans displayed on the Site may not include every plan sold by every REP.

Fixed Rate Electric Plans may operate a charitable give-back program funded from our compensation.

Under the current program, we commit $5 for each confirmed completed enrollment. If we reach 200 confirmed completed enrollments in a calendar month, the commitment for that month increases retroactively to $10 for each confirmed completed enrollment during that month.

A completed enrollment means an enrollment confirmed through our provider, enrollment-platform, or commission-reconciliation records. Merely clicking an enrollment button or beginning checkout does not count as a completed enrollment.

The contribution comes from our compensation. It is not a separate charge added to your bill.

We may change the program prospectively, including the featured nonprofit, goal, or contribution amount. Any amount already publicly committed based on confirmed enrollments will not be reduced retroactively.

Unless expressly stated otherwise, identifying an organization as our “featured nonprofit” does not mean that the organization sponsors, endorses, or is formally affiliated with Fixed Rate Electric Plans.

The give-back program is not a sweepstakes, contest, or prize program.

The Site may contain links to or embed services operated by REPs, enrollment platforms, regulators, or other third parties.

Those services are governed by their own terms and privacy practices.

We are not responsible for the availability, security, content, or independent practices of third-party websites or services, except to the extent required by applicable law.

You may use the Site for legitimate personal or business electricity-shopping purposes.

You may not:

• interfere with the operation or security of the Site;
• attempt unauthorized access to systems or data;
• use automated tools in a manner that materially burdens the Site;
• misrepresent your identity or authority;
• use the Site for fraud or unlawful activity; or
• copy or commercially exploit substantial portions of the Site or its proprietary presentation without permission.

The Site's original software, design, graphics, written content, analysis, and other original materials are owned by or licensed to Cutts Technologies LLC and are protected by applicable law.

Third-party provider names, trademarks, plan information, and documents remain the property of their respective owners.

Nothing in these Terms claims exclusive rights in descriptive terms beyond rights provided by applicable law.

We do not guarantee that:

• a displayed plan is the cheapest plan available anywhere in the market;
• every REP or plan is represented;
• switching plans will save you money;
• projected costs will equal your actual bill; or
• a particular plan will remain available.

Our goal is to make qualifying fixed-rate plans available through our marketplace easier to compare.

To the extent permitted by law, the Site is provided on an “as available” basis.

We make reasonable efforts to provide accurate information, but electricity-plan information can change and may originate from third-party providers.

Nothing in these Terms limits customer protections or rights that cannot lawfully be waived.

To the extent permitted by applicable law, Cutts Technologies LLC will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the Site.

Nothing in this section limits liability that cannot legally be limited or restricts any right to make a complaint to the PUCT.

Questions or complaints about Fixed Rate Electric Plans may be sent to:

Customer Contact

support@epharbor.com

We will investigate broker-related complaints and respond as required by applicable PUCT rules.

You also have the right to contact the Public Utility Commission of Texas regarding complaints or inquiries:

Office

Public Utility Commission of Texas — Customer Protection Division

Phone

512-936-7120

Texas toll-free

1-888-782-8477

Email

customer@puc.texas.gov

Relay Texas

1-800-735-2989

Nothing in these Terms requires a residential or small-commercial customer to submit a PUCT-related dispute to mandatory arbitration or mediation.

These Terms are governed by applicable federal law and the laws of the State of Texas, without limiting any non-waivable rights available to you.

We may update these Terms from time to time.

When we make material changes, we will update the Effective Date and publish the revised Terms on the Site.

Changes apply prospectively unless applicable law requires otherwise.

Company

Cutts Technologies LLC

Operating

Fixed Rate Electric Plans

PUCT Broker Registration Number

BR260147

Business Mailing Address

3120 Southwest Freeway, 1st Floor, PMB 2040, Houston, TX 77098

Customer Contact

support@epharbor.com