IMPORTANT: THIS DOCUMENT STATES THE TERMS AND CONDITIONS UPON WHICH iES PROVIDES AUTHORIZED USERS ACCESS TO AND USE OF OUR SERVICES.

IF YOU ARE NOT CURRENTLY AN AUTHORIZED USER (AS DESCRIBED BELOW) OR IF YOU DO NOT COMPLY OR AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT CONTINUE TO ACCESS OR USE OUR SERVICES AND IT IS YOUR RESPONSIBILITY TO EXIT THIS SITE IMMEDIATELY. IF YOU ARE AN AUTHORIZED EMPLOYEE OR AN AUTHORIZED DESIGNEE OF A CUSTOMER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF AUTHORIZED USE AND BY THE TERMS OF THE MASTER SERVICES AGREEMENT ALSO POSTED ON THIS SITE AT https://app.iesmach.com/mam/app/msa. IF YOU ARE ACTING AS AN EMPLOYEE OF OR INDEPENDENT CONTRACTOR TO AN AUTHORIZED DESIGNEE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PERSONALLY BOUND BY THESE TERMS AND CONDITIONS OF AUTHORIZED USE AND BY THE TERMS OF THE MASTER SERVICES AGREEMENT.  YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO LEGALLY BIND THE AUTHORIZED DESIGNEE FOR WHOM YOU WORK. IF YOU DO NOT AGREE TO THE FOREGOING, YOU MAY NOT ACCESS THESE SERVICES AND MUST EXIT THIS SITE IMMEDIATELY.

BY REMAINING ON THIS SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, COMPLY OR AGREE WITH AND WILL BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS EACH AND EVERY TIME YOU LOGIN, ACCESS, VIEW OR USE OUR SERVICES.

  1. You are an authorized employee or an authorized designee of a Customer (as defined in the Master Service Agreement posted on this site at https://app.machenergy.com/mam/app/msa) of iES to whom iES has granted access and use of its Services on a unique individual user, confidential, password-restricted basis under terms and conditions agreed to with that Customer.
  2. 2. You will not access and/or use our Services: 1) after you leave the employment of such Customer; 2) after you lose or have reason to believe that you have lost your position as an authorized employee or designee of that Customer; 3) after such time as you know that such Customer’s access and use agreement(s) have been terminated for buildings for which your access rights were granted or 4) after a maximum one month free trial period until such time as a potential Customer has contracted for the Services and you have once again become an authorized employee or an authorized designee of that new Customer.
  3. As an authorized designee of a Customer of iES you will use the Services solely for the purpose of managing or reviewing energy use in buildings contracted for service by Customer or for evaluating such Services over a maximum one month free trial period on behalf of a potential Customer.
  4. Without our prior written consent, you will not access and/or use our Services in any way that provides information to a competitor that could be used by that competitor to understand the functionality, performance, availability, or other competitive features of our Services, even if such competitor also provides its own services in buildings in which you are an Authorized User.
  5. You may not: 1) integrate our Services into or link it with another program or any part thereof for any purpose whatsoever, without the expressed written permission of iES; 2) make any attempt to discover, copy or download for any purpose whatsoever the object or source code of our Services; 3) reverse-engineer or decompile our Services for any purpose whatsoever; 4) translate, copy, modify or create derivative works based on our Services (and any such derivative works that are created in violation of this provision shall be the sole and exclusive property of iES); 5) remove, obscure, or alter any notice of the patent, copyright, or other proprietary rights related to our Services or any component of our Services; or 6) sub-contract, sell, lend, rent, timeshare or otherwise cause or allow access our software to be provided or made available to any person other than employees of a Customer or approved designees who have a direct role in managing or reviewing energy use for the buildings of such Customer.
  6. iES makes no warranties, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose to you or to its Customers in connection with use of our Services. You and the Customer through whom you gain access rights to our Services assume all responsibility for using our Services to monitor, report and save energy at buildings for which you and such Customer have access rights to our Services and iES makes no promises regarding the accuracy of such monitoring or reporting activities or that any energy savings will be achieved.
  7. iES reserves the right to terminate your access to our Services at any time if you do not adhere to the terms and conditions above.
  8. You also acknowledge that our Services are a unique, confidential and valuable asset and trade secret of iES and it shall have the right to obtain all equitable and legal redress which may be available to it for the breach or threatened breach of these terms and conditions including, without limitation, injunctive relief.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SERVICES AND IT IS YOUR RESPONSIBILITY TO EXIT THIS SITE WITHOUT ACCESSING THESE SERVICES.