Moduly Membership Program Terms & Conditions and Opt-In Contract
Terms & Conditions
Welcome to Moduly's Energy Membership Program. By enrolling in this program, you agree to the following terms and conditions:
1. Membership Agreement and Ownership
Moduly provides the Energy Storage System as part of a membership-based program.
Moduly retains ownership of the system throughout the membership term.
The system remains under Moduly’s maintenance and warranty coverage while the membership is active. As long as the membership remains active, the system is covered under Moduly's maintenance and warranty program. This ensures that the system remains functional, and any necessary repairs or replacements are handled by Moduly. Customers benefit from continuous service and support for the duration of the membership.
2. Enrollment Payment Options
Customers can choose between two membership plans:
- Initiate Membership: $497 setup fee, followed by $47/month.
- Premium Membership: $697 setup fee, followed by $67/month.
These charges do not include sales tax, system upgrades, or electricity consumption charges.
The setup fee is non-refundable after 30 days from the enrollment date.
3. Membership Term and Payment Schedule
This program requires a 10-year commitment. Payments will be structured as follows:
Initiate Membership
Setup Fee: $497.00
Monthly Fee: $47.00
Premium Membership
Setup Fee: $697.00
Monthly Fee: $67.00
4. Early Termination & Opt-Out Policy
Customers may cancel their membership before the end of the 10-year term by paying an opt-out fee of $450.
The Energy Storage System must be returned in good condition, and shipment fees shall be covered by the customer.
Failure to return the system will result in an equipment charge based on a prorated amount of $6,000 over 120 months.
Example: If terminated in month 50, the customer owes $3,500 ($6,000/120 * 70 months remaining).
5. Customer Responsibilities
The system must not be tampered with, damaged, or relocated without Moduly’s permission.
A stable internet connection must be maintained for system access.
If system access is lost for more than 10 days, it may result in early termination and additional charges.
6. Demand Response Participation
Customers agree to allow Moduly to manage system performance for peak load reduction.
The system may be automatically adjusted during high-demand periods to optimize energy efficiency.
7. Default of Payment
If a customer fails to make payments, penalties will be applied, and Moduly may disable the system remotely.
Continuous non-payment will be considered an early termination and subject to Section 4 penalties.
8. Deployment & Availability
This program is initially available only to California, Texas, and New England residents and is scheduled for official release and deployment between December 2025 and February 2026. Moduly reserves the right to modify the release date at its sole discretion.
9. Onboarding Process & Final Agreement
Customers agree to receive the onboarding process and contract details via email.
Before delivery, customers must sign a final agreement electronically.
Failure to sign the agreement within seven (7) days may result in delays or cancellation of the delivery.
Enrollment is not considered complete until the final agreement is signed.
10. Privacy Policy
Moduly respects customer privacy. Personal information will be used solely for membership purposes and will not be shared with third parties without consent.
11. Legal Context
This contract is legally binding and enforceable under the laws of California, Texas, and New England, as applicable.
Moduly reserves the right to amend these terms with prior notice.
Any disputes will be resolved through arbitration per the American Arbitration Association rules, and the parties agree that the arbitration will be conducted in the relevant jurisdiction based on the customer’s state of residence.
By agreeing to this contract, you confirm your understanding and agreement to the terms of the Moduly Energy Membership Program.
I accept the terms of this agreement, intend to be legally bound, and understand that Moduly’s signature is not required for the formation of a contract between us.
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Moduly Virtual Power Plant - Demand response
For eligible Moduly owners, Moduly Virtual Power Plant is a program that links batteries across the state to create a large supply of sustainable energy — a virtual power plant — to be used during peak demand.
Overview of the Program
By becoming a part of the Moduly Virtual Power Plant (VPP), your Moduly Nodz will be called upon to export energy to the grid when the grid is stressed. The program will dispatch your Moduly Nodz up to 100 times a year with a maximum of 4 hours per event. Participants are required to reach an average 1.4kW during peak events over the year.
What to Expect
You do not have to do anything in response to events. Your Moduly Nodz will respond automatically to support the grid and earn you money. Your system will respond to event signals, but performance will depend on your system and other factors. Moduly cannot guarantee any level of performance or dollar value. The resulting electricity bill savings are defined by the performance of the Moduly Nodz and Your Utility Tariff. Moduly will retain the Compensation of the Virtual Power Plant as Moduly’s fee for services provided by Moduly in administering the Program.
Before the Event
When an event is scheduled, you can expect your Moduly Nodz system to prioritize charging and preparing for an event after the event is scheduled. An event may be scheduled a day ahead, but circumstances may require much less notice.
During the Event
When the event begins, your Moduly Nodz will discharge either until the event ends, or until it reaches 20% Backup Reserve level.
After the Event
At the completion of the event, your Moduly Nodz will resume normal operation. The Moduly Energy Management Strategy will prioritize the recharge at the off-peak period.