Account Holder Authorization and Agreement

NOTE: If you are a third party company that requests data from account holders, your use of this platform is covered by the Third-Party Data Services Agreement.

Last Updated: February 16, 2024

Southwestern Electric Power Company (the “Utility”) provides a service that allows you to share your utility billing and energy usage data ("Utility Data") with third parties authorized by you ("Authorized Parties"). This Account Holder Authorization and Agreement (this "Agreement") sets forth the terms and conditions pursuant to which we provide this service (the "Service").

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT CLICK TO ACCEPT THIS AGREEMENT OR AUTHORIZE OR USE THE SERVICE. BY AUTHORIZING OR USING THE SERVICE, YOU WILL BE DEEMED TO HAVE ACCEPTED THIS AGREEMENT.

By accepting this Agreement, including by authorizing or using the Service:

• You understand, acknowledge and agree to the terms and conditions of this Agreement and the Utility’s Privacy Policy, as well as the general website terms & conditions and legal notices applicable to your use of swepco.com, (collectively, the "Terms").
• You represent and warrant that you are the customer/account holder of record of the applicable utility account and are fully authorized to give instructions and consents in connection with the account, including but not limited to the sharing of Utility Data; or, if the account is held by an entity, you represent and warrant that you have the authority to bind that entity and that your acceptance of the Agreement is on behalf of that entity (and, in such case, the terms “you” and “your” herein shall be deemed to be references to such entity).
• You understand, acknowledge, and agree that the purpose of the Service is to transmit your Utility Data to the Authorized Parties, and you hereby knowingly, intelligently, and voluntarily authorize the Utility to make such disclosure.
You understand, acknowledge, and agree that the Service is optional, that you are not required to share your data with the Authorized Parties, and that you may revoke your authorization at any time by using the "Revoke Authorization" function within the Service.
• You understand, acknowledge, and agree, however, that once your Utility Data has been shared with an Authorized Party, the Utility will have no control over, and will not monitor, such Authorized Party’s management or use of your Utility Data and that any revocation by you will not be applicable to any Utility Data already disclosed by Utility based on your prior authorization. Similarly, revocation of such authorization will not result in any Authorized Parties returning or destroying your Utility Data.
• You understand, acknowledge, and agree that once Utility has disclosed your Utility Data to the Authorized Parties pursuant to this Agreement, the Authorized Parties’ privacy policies apply and Utility has no control over, and is not responsible for that Utility Data, which is not in its possession. You understand, acknowledge, and agree, that any data rights you may have regarding the Utility Data possessed by the Authorized Parties must be addressed directly with those Authorized Parties.
• If you decide to share your Utility Data with any third parties, you understand, acknowledge, and agree that you do so entirely at your own risk and you HEREBY FOREVER AND COMPLETELY RELEASE, DISCHARGE, AND HOLD HARMLESS UTILITY FROM ANY LIABILITY WHOASTOEVER FOR THE DISCLOSURE OF YOUR UTILITY DATA BASED ON YOUR AUTHORIZATION PURSANT TO THIS AGREEMENT.

The Utility reserves the right to update or modify the Terms at any time without prior notice to you. For this reason, we recommend that you review the Terms whenever you use the Service. If you do not agree to (or cannot comply with) any of the Terms, do not use the Service. The Utility may make changes to the Service at any time without notice.

References or hyper-text links in the Service to any sites, names, marks, products or services of any Authorized Party or other third party are provided solely as a convenience to you and do not in any way constitute or imply the Utility’s endorsement or recommendation of such other party or its products or services. The Utility does not provide any assurances regarding third-party products or services or the content or accuracy of any material on such third party sites.

This Agreement shall be governed by the laws of Texas and Louisiana, without regard to its conflicts of law principles.

THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND. THE UTILITY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, RELIABILITY, SECURITY, ABSENCE OF VIRUSES OR ERRORS, OR NON-INFRINGEMENT. IN ADDITION, THE UTILITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, ACCURACY, COMPLETENESS OR SUITABILITY FOR ANY PURPOSE OF ANY OF THE UTILITY DATA TRANSMITTED THROUGH THE SERVICE. ALL SUCH UTILITY DATA IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THE SERVICE AND THE UTILITY DATA.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER THE UTILITY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, AGENTS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR FOR LOSS OF PROFITS OR OTHER ECONOMIC LOSS, AND REGARDLESS OF WHETHER THE CLAIM ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR UNDER ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE USE OR RELIANCE UPON UTILITY DATA OR OTHER INFORMATION CONTAINED IN OR ACCESSED FROM THE SERVICE, WHETHER OR NOT THE UTILITY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE UTILITY AND ITS SUBSIDIARIES, AFFILIATES, AGENTS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR ANY BREACH BY YOU OF THE TERMS.

If you have any questions about this Agreement, please contact us at support@swepco.utilityapi.net.

By clicking "Authorize," you expressly agree to the terms of this Agreement and the Terms.