PowerXchange Platform - Terms and Conditions Agreement

This Terms and Conditions Agreement ("Agreement") is entered into between you ("User"), being either a Consumer or Prosumer, and Powerxchange Innovation Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at : 714-716, Princess Business Skypark, A.B. Road, Scheme no. 54, Vijay Nagar, Indore, Madhya Pradesh-452010, and corporate office at 103 A, Unitech Cyber Park, Sector-39, Gurgaon, Haryana-122003 (hereinafter referred to as the "Company" or "PowerXchange").

By registering on and using the PowerXchange Platform ("Platform"), you agree to be bound by the terms contained herein, including all related policies, guidelines, and notices.

SECTION A: GENERAL TERMS (APPLICABLE TO ALL USERS)

1. DEFINITIONS

• Consumer: A user who consumes energy via the PowerXchange platform.
• Prosumer: A user who both consumes and produces (exports) solar energy through the PowerXchange platform.
• Platform: PowerXchange Web Application and Mobile Application (iOS/Android).
• Discom: Distribution companies/operators that manage distribution of energy, such as MVVNL, PVVNL, PuVVNL, KESCO, DVVNL, TATA Power, BSES, NPCL, etc.
• Regulatory body: State Electricity Regulatory Commission which writes the electricity laws & regulations.
• Injection: The situation where a Prosumer injects (exports) energy into the grid.
• Over-Injection: The situation where a Prosumer injects more energy than forecasted or allocated.
• Under-Injection: The situation where a Prosumer injects less energy than forecasted or committed.
• Over-Withdrawal: The situation where a Consumer draws more energy than contracted.
• Under-Withdrawal: The situation where a Consumer draws less energy than forecasted or committed.
• Allocated/Forecasted Energy: The quantum of energy that a Consumer or Prosumer is entitled to consume or inject into the grid as per the Peer-to-Peer energy trading and Discom guidelines. This is determined by forecasting based on historical data patterns. Any deviation from this allocated energy will result in applicable over-injection or over-withdrawal penalties.

2. ELIGIBILITY AND REGISTRATION GUIDELINES

• You must be at least 18 years of age and legally competent to enter into a contract under Indian law.
• Registration requires submission of accurate and complete information, including mobile number, email, and proof of identity.
• KYC Compliance: You agree to complete Know Your Customer (KYC) formalities, including submission of Aadhaar, PAN, address proof, utility bills, and solar installation documents as required under applicable regulations.
• You are responsible for maintaining the confidentiality of your login credentials and shall notify the Company of any unauthorized access.

3. CONSENT FOR DATA USE

You hereby give consent to the collection, processing, and use of your personal, financial, and energy-related data by the Company for the following purposes:

• Energy trading facilitation
• Load forecasting
• Billing and settlement
• Regulatory reporting and compliance
• Service improvements using AI/ML

4. CONSENT FOR COMMUNICATION

You agree and authorize the Company to contact you via:

• Email, SMS, voice calls, WhatsApp, and app notifications
• For transactional updates, regulatory announcements, promotions, and customer service
• In-person visits by authorized representatives

5. PLATFORM USAGE TERMS

• The Platform shall be used solely for lawful and intended purposes.
• Misuse of platform functionality including manipulation of energy readings, tampering with smart meters, or false declarations will attract penalties.
• Users shall not use bots or automated tools to access, trade, or interfere with Portal operations.

6. PAYMENT TERMS

• All financial transactions must be completed via the authorized payment gateway integrated on the Portal.
• The currency used in the Platform is Indian Rupees (INR). No other currency is permitted.
• Energy credits and debits will be calculated based on actual meter readings and settlement cycles as defined in your energy agreement.
• The Company reserves the right to deduct Maintenance/Service fees, Platform charges, Wheeling charges, Cross-subsidy charges, Banking charges, or applicable taxes from settlements.
• The Company reserves the right to de-register users from the Portal in case of payment dues (arising from monthly settlements) or directions issued by the respective Discoms.

7. PENALTIES

7.1 Over-Injection by Prosumers

• Over-injection beyond allocated or forecasted capacity shall be settled at feed-in tariff rates (INR [X] per unit of excess energy).

7.2 Under-Injection by Prosumers

• Under-injection beyond declared capacity shall be penalized at INR [X] per unit, equivalent to the rate Discom charges to the Consumer.

7.3 Over-Withdrawal by Consumers

• Withdrawal of energy beyond agreed contractual limits shall attract a penalty of INR [Y] per unit.
• In cases of grid stress, such over-withdrawal may also result in temporary disconnection.

7.4 Under-Withdrawal by Consumers

• Withdrawal of energy below agreed contractual limits shall attract a penalty of INR [Y] per unit.

7.5 General Penalties

• Misrepresentation of data: As per law
• Fraudulent activity: Suspension of account and legal proceedings
• Breach of KYC compliance: Account freeze until resolution

8. REFUND AND WITHDRAWAL POLICY

• Refunds are applicable only in case of failed transactions or overpayments.
• Withdrawal of funds from the platform must comply with KYC norms and minimum threshold limits.
• Refund requests must be raised within 7 business days of the transaction and will be resolved within 10 business days post-verification.

9. LIMITATION OF LIABILITY

The Company shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or business, arising from the use of or inability to use the platform, including but not limited to delays or failures due to Discom/grid operators, force majeure, or third-party services.

10. TERMINATION

We reserve the right to terminate your access to the Platform, with or without notice, in case of breach of these Terms or regulatory directives.

11. MODIFICATION OF TERMS

The Company may revise these Terms at its discretion. Your continued use of the Platform after such revisions constitutes your binding acceptance.

12. DISPUTE RESOLUTION

All disputes shall be governed under Indian law and be subject to the exclusive jurisdiction of courts located in Delhi.

SECTION B: CONSUMER-SPECIFIC TERMS

1. RESPONSIBILITIES

• Submit accurate load requirements and projected usage data.
• Ensure timely payment of all dues as per the energy trading schedule.
• Avoid over-withdrawal; persistent overuse will lead to penalties and possible restriction.

2. SERVICE DELIVERY

Energy delivery is subject to grid availability and performance of Discoms. The Company is not liable for physical delivery disruptions.

SECTION C: PROSUMER-SPECIFIC TERMS

1. SYSTEM COMPLIANCE

• All generating equipment must comply with local electrical safety standards and metering norms.
• Real-time energy generation data must be shared with the Portal through approved smart meters.

2. TRADING

• Trade the surplus energy not committed elsewhere or as per your metering arrangement with Discom.
• Abstain from speculative trading or artificial inflation of availability.

3. SETTLEMENT

• Monthly settlements or T+1 Day (T is the day of trading) shall be credited to your linked bank account, post deduction of service charges and applicable taxes.
• Over-injection penalties will be auto-debited from your wallet.

4. AUDIT AND MONITORING

• You agree to periodic audits by the Company or authorized third parties.
• Failure to cooperate or deviation from standards will result in penalties, suspension, or disconnection.